395 Neb. Admin. Code, ch. 9, § 002

Current through September 17, 2024

Section 395-9-002 - DEFINITIONS

Definitions contained in Neb. Rev. Stat. § 28-710 and the following definitions apply to this chapter:

002.01INTAKE ACCEPTED FOR ASSESSMENT. A report received by the Department Child Abuse and Neglect Hotline that creates concern for the safety of a child and includes information stated by the reporting party and collateral information gathered by the Department.

002.02CARETAKER. Caretaker as defined by Neb. Rev. Stat. § 71-6721(3).

002.03HOUSEHOLD MEMBER. Any person who has significant in-home contact with a child and includes individuals who have a familial or intimate relationship with any person in the home.

002.04PREVENTION PLAN. A plan developed by the family, in collaboration with the Department, to address familial needs that may potentially relate to child safety. The plan may identify individuals or services which could help support or meet the needs of the family.

002.05EXCLUSIONARY CRITERIA. Criteria which, if alleged or otherwise learned by the Department, automatically excludes an Intake Accepted for Assessment from eligibility for Alternative Response. Exclusionary Criteria include:

(A) Factors listed in Neb. Rev. Stat. § 28-712.01(1)(b);

(B) A Household Member has been convicted of a crime that resulted in the death of a child or has criminal charges pending for a crime that resulted in the death of a child ;

(C) Abuse or neglect of a child who resides with (i) the subject of an active Traditional Response or (ii) an individual or family that is receiving services through the Children and Family Services Protection and Safety section or (iii) an individual or family who is involved in juvenile court petition pursuant to Neb. Rev. Stat. § 43-247(3)(a) ;

(D) Law enforcement has cited a Caretaker for the child abuse or neglect alleged in the Intake Accepted for Assessment; and

(E) A Household Member has been convicted of or has criminal charges pending for manufacturing methamphetamine or other controlled substances as defined in Neb. Rev. Stat. §§ 28-401, 28-405.

002.06REVIEW, EVALUATE, DECIDE (RED) TEAM. A team of staff within the Department that reviews and evaluates Intakes Accepted for Assessment that include at least one Review, Evaluate, Decide (RED) Team Criteria and no Exclusionary Criteria.

002.07REVIEW, EVALUATE, DECIDE (RED) TEAM CRITERIA. Criteria which, if alleged or otherwise learned by the Department, requires the Review, Evaluate, Decide (RED) Team to review and evaluation to determine eligibility for Alternative Response. Review, Evaluate, Decide (RED) Team Criteria include:

(A) A Caretaker exhibiting symptoms related to significant mental illness including but not limited to psychotic behaviors, delusional behaviors, and danger to self or others;

(B) The family is currently receiving an Alternative Response ;

(C) A Household Member or alternate Caretaker has a history of using or manufacturing methamphetamine or other controlled substances as defined in Neb. Rev. Stat. §§ 28-401, 28-405;

(D) Factors listed in Neb. Rev. Stat. § 28-712.01(1)(d) ;

(E) A Household Member has a prior court substantiated report of child abuse or neglect; or

(F) A Household Member is a sex offender who is on the sex offender registry.

395 Neb. Admin. Code, ch. 9, § 002

Amended effective 5/12/2021

Amended effective 9/7/2021