395 Neb. Admin. Code, ch. 6, § 008

Current through September 17, 2024

Section 395-6-008 - NON-COURT-INVOLVED CASE

The Department may open a non-court-involved case when the Department determines that ongoing services are required to maintain the safety of the child or alleviate the risk of future abuse or neglect and the family voluntarily agrees to participate in on-going services without a filing in juvenile court.

008.01NOTICE OF RIGHTS. The Department will provide a parent and, if applicable, a kin or relative caregiver participating in a non-court-involved case with a written notice of rights as required by Neb. Rev. Stat. § 28-713.02.

008.02PAYMENT TO CAREGIVER. In a non-court-involved case in which a child lives temporarily with a kin caregiver or a relative caregiver, the Department may reimburse a kin caregiver or a relative caregiver for facilitating services for the child. To be eligible for reimbursement the following conditions must be met:

(A) The parent is unable to cover the costs of the services for the child;

(B) The caregiver has applied for and been denied eligibility for other available benefits that would cover the costs of the services for the child;

(C) The Department agrees, in advance, to provide reimbursement for the costs of services for the child; and

(D) The caregiver provides the Department with documentation to verify proof of payment for the child's services.

008.03COURT FILING REQUEST. If the Department finds a child is seriously endangered in the child's surroundings and immediate removal is necessary for the protection of the child, the Department may make an immediate request for the county attorney to institute juvenile court proceedings.

008.03(A)SERIOUSLY ENDANGERED CHILD. The Department will utilize an evidence-informed and validated standardized assessment tool to determine the current safety of the child. A child is considered seriously endangered when the Department determines the child is unsafe and the safety threat cannot be mitigated.

008.03(B)COURT FILING. When the county attorney institutes juvenile court proceedings alleging the child is within the meaning of Neb. Rev. Stat. § 43-247(3)(a) or § 43-247(3)(c), a non-court-involved case will be considered a court-involved case.

008.04CASE CLOSURE. The Department will consider closing a non-court-involved case when:

(A) The Department determines the child is safe and the risk of future maltreatment is low or moderate; or

(B) The family requests the non-court-involved case close.

008.05ADMINISTRATIVE APPEAL. Any child, parent, kin caregiver, or relative caregiver may request an administrative appeal of any Department action or inaction in a non-court-involved case.

008.05(A)APPEAL TIME FRAME. The appeal must be filed in writing within 30 days of when the action or inaction of the Department is known or should've been known by the person filing the appeal.

395 Neb. Admin. Code, ch. 6, § 008

Adopted effective 6/27/2021