Neb. Admin. Code tit. 395 — Children and Family Services: Protection and Safety

Chapter 2 Disclosure of Information

Neb. Admin. Code tit. 395, ch. 2 Disclosure of Information {#sec-395-nac-2 omnilex-key=us-ne-regs-official--title-395--395 NAC 2}

001. DEFINITIONS . The following definitions apply:

001.01 NONIDENTIFYING INFORMATION. The descriptive social, educational, medical, and demographic details about an adopted person and the adopted person’s birth relatives, excluding any information which might reveal the identity of the birth relatives.

001.02 LEGAL GUARDIAN. Legal guardian has the same meaning as guardian in Neb. Rev. Stat. § 30-2209

002. CONFIDENTIALITY AND RELEASE OF INFORMATION . Information will be provided based on the individual’s need to know and the individual’s involvement with the child or family.

002.01 RELEASE OF INFORMATION WITHIN THE DEPARTMENT. Information shared within the Department does not require a signed release.

002.02 RELEASE OF INFORMATION TO LAW ENFORCEMENT. All reports regarding child abuse or neglect will be released to the appropriate law enforcement agency. The name and identity of the reporting party will be released to the investigating law enforcement agency. The name and identity of the reporting party will be released to the county attorney upon request. When the Attorney General’s Office is assessing a case for prosecution or preparing to prosecute a criminal case, the name of the reporting party will be released to them upon request. The Department will not release the name of the reporting party to anyone other than law enforcement, the county attorney, or Attorney General’s Office.

002.03 RELEASE OF INFORMATION REGARDING STATE WARDS. Once a child is placed in the custody of the Department, parental consent for release of information about the child is no longer required, and the Department will authorize the release of information related solely to the child when it is determined by the Department to be in the child’s best interest. Information related to the report of child abuse or neglect will be released in accordance with 395 Nebraska Administrative Code (NAC) Chapter 3.

002.04 FORMER WARD INFORMATION REQUESTS. The Department will release information regarding the former ward upon written request from the former ward or his or her legal guardian. Information solely regarding other family members will not be provided. If the former ward was adopted, the Department will not release any information identifying the birth family.

002.05 ADOPTION INFORMATION REQUESTS. Once an adoption decree has been issued by the court and the case is closed, the Department file is closed. Birth family identity will be kept confidential and only be released as permitted by law.

002.06 FORMER WARD ADOPTEE REQUESTS FOR NON-IDENTIFYING INFORMATION. The Department will release nonidentifying child welfare case record information when a written request is received from a former ward adoptee who has reached the age of majority or from the former ward adoptee’s adoptive parents.

002.07 BRIDGE TO INDEPENDENCE PROGRAM REQUESTS FOR INFORMATION. The Department will release information regarding the Young Adult upon written request from the Young Adult or his or her legal guardian.

003. CONFIDENTIALITY AND DISCLOSURE OF CHILD ABUSE AND NEGLECT CENTRAL REGISTRY INFORMATION .

003.01 CONFIDENTIALITY. Information pertaining to or stemming from contacts, interviews, assessments, and allegation findings related to a report of child abuse or neglect is confidential and will not be released to any person except as authorized by state law or when ordered by a court of competent jurisdiction.

003.02 PERSONS OR AGENCIES ALLOWED ACCESS TO RECORDS. The Department will provide copies of the appropriate Central Registry records to any person legally authorized under Nebraska law. Such request will be in writing, dated, signed, with proof of identity and will identify the person’s authority to receive such records.

003.03 FORMAT OF REQUEST. The request must be submitted utilizing the Department approved form and must describe with sufficient detail the information sought.

003.04 REQUEST BY OR ON BEHALF OF A CHILD WHO IS THE SUBJECT OF A REPORT OF CHILD ABUSE OR NEGLECT. Upon written request, a subject of the report of child abuse or neglect or, if such subject is a minor or otherwise legally incompetent, the legal guardian or guardian ad litem of the subject, is entitled to receive a copy of all information contained in the Central Registry pertaining to his or her case. Proof of guardianship must be provided by the legal guardian. The Department cannot provide all information contained in the Central Registry to a third party in lieu of the individual authorized to receive the information. The Department will provide the requested information directly to the person whose name appears on the Central Registry. The Department will not release information that it determines to be harmful or detrimental to a child who is the subject of the report or that would identify or locate a person who, in good faith, made a report or cooperated in a subsequent investigation.

003.05 SUMMARY OF FINDINGS AND ACTIONS. Upon request, a physician or the person in charge of an institution, school, facility, or agency making a legally mandated report of child abuse or neglect will receive a written summary of the findings and actions taken by the Department in response to such report. The summary will contain the following information:

Date of the report;
Name of the alleged victim(s);
Name of the alleged perpetrator(s);
Allegation(s); and
Whether the report was unfounded or substantiated.

003.05(A) SUBSTANTIATED REPORTS. If the report is substantiated, the summary may include a description of services offered and provided by the Department.

003.05(B) SUBSTANCE EXPOSED INFANTS. If a report made by a hospital or other medical facility includes information that a newborn infant has been affected by substance use, withdrawal symptoms from prenatal drug exposure or fetal alcohol spectrum disorder, the summary provided by the Department may include any additional information the Department deems necessary for the development of a plan of safe care for the child.

003.06 CHILD ABUSE AND NEGLECT CENTRAL REGISTRY CHECKS.

003.06(A) REQUIREMENTS. Central Registry checks must be requested utilizing a process approved by the Department. The individual must use the Central Registry request check form or provide the following information: individual’s name, current address, date of birth, social security number, the names of any children with whom the subject resided, all names the individual may have had or used, and former addresses (minimum of city and state).

003.06(A)(i) CENTRAL REGISTRY CHECK DEFINED. A Central Registry check is a review of the child abuse and neglect Central Registry, a review of the adult abuse and neglect Central Registry or a review of both registries. The individual authorizing the Central Registry request check must identify which review is being authorized.

003.06(B) AUTHORIZATION. A Central Registry check will not be performed on an individual’s name without the Department first having the authorization of the individual, unless otherwise provided for in the Nebraska Revised Statutes.

003.06(B)(ii) VERIFICATION OF IDENTITY. Every Central Registry request must include verification of the identity of the person authorizing the Central Registry request. The Central Registry request check form must be notarized or the individual must use the Department approved identity proofing process. Any Central Registry request made by or on behalf of an individual under the age of 19, must have the minor child’s parent or legal guardian’s identity verified.

003.06(C) SELF CHECKS. Individuals may request a Central Registry check by completing and submitting the Central Registry request check form. The Central Registry request must include verification of the identity of the individual.

003.06(D) CENTRAL REGISTRY CHECKS. Individuals who want to authorize a Central Registry check and have the results of the check sent directly to a third party must complete and submit the Central Registry request check form that identifies the third party with whom the results may be shared. The Central Registry request check form must include verification of the identity of the individual authorizing the check.

003.06(D)(i) Third parties must enroll with the Department in order to receive the results of a Central Registry check.

003.06(E) RELEASING RESULTS. Information is released from the Central Registry only when a signed authorization to release information is obtained from the individual who is the subject of the Central Registry check.

004. CENTRAL REGISTRY CHECK FEE .

004.01 FEES.

004.01(A) PAYMENT. A fee of $2.50 shall be charged to the requestors of a Central Registry check for processing and issuing the results. A Central Registry check will not be processed until the fees assessed by the Department have been paid. All payments shall be made payable to the State of Nebraska. Cash payments will not be accepted and any cash received will be returned to the sender.

Central Registry fees shall apply without regard to whether Central Registry check results are issued. Requests where applicant information is incomplete or applicant information conflicts with Department information will result in the request being returned to the individual or organization without a refund of the fee.

All fees collected pursuant to this section shall be deposited to the State Treasurer for credit to the Health and Human Services Cash Fund.

004.02. UNDUE HARDSHIP.

004.02(A) ELIGIBILITY. Waivers granted by the Department based on undue hardship are intended to ensure that individuals can obtain the results of a Central Registry check and not be inconvenienced economically. An undue hardship waiver is not available to organizations, businesses, or agencies.

004.02(B) CRITERIA. Any of the following circumstances may constitute an undue hardship and may result in a waiver of the Central Registry fee:

The applicant is currently receiving Temporary Cash Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Assistance to the Aged, Blind or Disabled (AABD), or Medicaid benefits; or
The applicant has recently experienced an event including but not limited to fire, illness, accident, or job loss that has resulted in a significant financial difficulty.

004.03 APPLICATION AND REVIEW PROCESS. A waiver shall only be available to an individual. The individual must apply for a waiver in writing prior to a request being made through the Central Registry process. The written application must include a statement of the individual’s resources, a signed release granting permission for the Department to review records relating to the applicant’s Department-administered public assistance benefits, and a statement of why an undue hardship waiver should be granted. The Department may require additional verification of any information included in the waiver application.

004.04 APPEAL. If the waiver request is denied the individual may appeal by submitting a written request for a hearing to the Department’s Hearing Office within 90 days of the date the letter denying the request. Administrative hearings will be carried out in accordance with the Administrative Procedure Act §84-901 et seq. and 465 NAC 6.

History

Effective 2018-06-05

Chapter 3 Foster Care Licensure and Approval, Placement, and Home Studies

Neb. Admin. Code tit. 395, ch. 3 Foster Care Licensure and Approval, Placement, and Home Studies {#sec-395-nac-3 omnilex-key=us-ne-regs-official--title-395--395 NAC 3}

001. SCOPE AND AUTHORITY . These regulations govern the approval of foster family homes and the issuance of foster care licenses as authorized and required by Nebraska Revised Statute (Neb. Rev. Stat.) §§ 71-1902 and 71-1904. These regulations also govern adoptive home studies as authorized and required by Neb. Rev. Stat. § 43-107.

002. DEFINITIONS . The following definitions apply:

002.01 FUNCTIONAL LITERACY. Functional Literacy means the ability to read and write at the level necessary to participate effectively in society.

002.02 KINSHIP HOME. Kinship Home means Kinship Home as defined in Neb. Rev. Stat. § 71-1901.

002.03 LICENSING AGENT. Licensing Agent means the Department or any contractor of the Department who is gathering the information necessary for the Department to make a foster care license determination.

002.04 MEDICAL PROFESSIONAL. Medical Professional means a physician or advanced practice registered nurse (APRN) or physician assistant (PA) when the APRN or PA is practicing under the supervision of a physician. A Medical Professional must be licensed by the Nebraska Department of Health and Human Services, Division of Public Health, or its equivalent in another state, at the time of service.

002.05 REASONABLE AND PRUDENT PARENT STANDARD. Reasonable and Prudent Parent Standard means Reasonable and Prudent Standard as defined in Neb. Rev. Stat. § 43-4703.

002.06 RELATIVE FOSTER CARE LICENSE. Relative Foster Care License means a type of foster care license that authorizes the licensee to provide foster care for a child who is relative of the licensee.

002.07 RELATIVE HOME. Relative Home means Relative Home has defined in Neb. Rev. Stat. § 71-1901.

002.08 RELIABLE TRANSPORTATION. Reliable transportation means a properly maintained vehicle or access to reliable public transportation.

003. FOSTER CARE LICENSES .

003.01 DURATION AND SPECIFICATIONS. A foster care license issued to an applicant is effective for two years and will identify the ages of children to be fostered, the number of children for whom the home is licensed and the location of the licensed home.

003.02 LIMIT OF ONE LICENSE. Only one foster care license can be issued for an address.

003.03 AGE OF MAJORITY. To be licensed for Foster Care, an applicant must be the age of majority.

003.04 FUNCTIONAL LITERACY. At least one applicant must have Functional Literacy.

003.05 MARRIED APPLICANT. If legally married, each spouse will be identified on the foster care licensed and each spouse must meet all requirements of this chapter.

003.06 MAXIMUM NUMBER OF PERSONS FOR WHOM CARE CAN BE PROVIDED. A foster parent may provide care for adults and children, including foster children and children related by blood, marriage or adoption, according to the following maximum placement limits. The Department will not consider Foster Care youth residing in a foster home as household members for purposes of Foster Care licensing.

003.06(A) HOMES WITH TWO LICENSED FOSTER PARENTS. No more than six children may reside in a home with two licensed foster parents. No more than four children under age six may reside with two licensed foster parents.

003.06(B) HOMES WITH ONE LICENSED FOSTER PARENT. No more than four children may reside in a home with one licensed foster parent. No more than two children under age six may reside with one licensed foster parent.

003.06(C) EXCEPTION. The Department, in its discretion, may allow a home to exceed the established maximum placement limits when doing so is in the best interest of each child in the home. This exception may only be used to allow:

(1) A parenting youth in foster care to remain in placement with a son or daughter of the parenting youth;

(2) Siblings to remain together;

(3) A child with an established meaningful relationship with the family to remain with the family; or

(4) A family with special training or skills to provide care to a child who has a severe disability.

003.06(D) CALCULATING MAXIMUM PLACEMENT LIMIT. The applicable maximum placement limits apply to all children and adults in the home for whom the foster parents provide 24 hour care and supervision.

003.07 REQUIRED NOTICE. Foster families will notify the Department within three business days when there is a change to the individuals residing in the home.

003.08 APPLICATION. To be eligible for a foster care license, an individual must submit a completed application as set forth in this chapter.

003.08(A) INITIAL LICENSING APPLICATION PACKET. The initial licensing application packet must include the completed:

(1) Department approved application form;

(2) References as required by this chapter;

(3) Department approved health information form;

(4) Home Study as required by this chapter;

(5) Background checks as required by this chapter;

(6) Department approved compliance checklist; and

(7) Verification of pre-service training as required by this chapter.

003.08(A)(i) COMPLETE APPLICATION. If an applicant fails to provide the completed licensing application, or fails to cooperate in the licensing process, the application for a license will be denied. If the Department determines an application is incomplete or inaccurate information is provided, the Department may request additional information from the applicant instead of issuing an immediate denial of the license. Applications that remain incomplete for three months or longer will be denied.

003.08(A)(ii) HEALTH INFORMATION. Each household member of the age of majority who will provide care for a foster child, including each applicant, must provide health information to document that she or he is physically and mentally capable of caring for children. For purposes of the initial license, the health information must include the signature of a Medical Professional. For purposes of license renewal, a self-certifying report without the signature of a Medical Professional is acceptable.

003.08(A)(ii)(1) PRESCRIBED MEDICATIONS. If the Foster Care applicant is taking prescribed medications, the applicant must list the prescribed medications on the health information report.

003.08(A)(ii)(2) REQUEST FOR ADDITIONAL HEALTH INFORMATION. If the health information report indicates that an applicant has a potential health related issues that could impact the applicant’s ability to safely care for children, the Department may require the applicant to provide additional documentation.

003.08(A)(ii)(3) COST OF HEALTH INFORMATION REPORT OR EXAM. If a physical exam or medical appointment is necessary in order for the applicant to obtain a health information report or additional information, the Department will not pay for the costs of the examination or medical appointment unless the applicant is applying for a Relative Foster Care License. Whether the Department will pay for a relative’s examination or report will be determined at the sole discretion of the Department on a case by case basis.

003.08(A)(ii)(4) DENIAL OF LICENSE. If the applicant does not supply the requested health information report or additional documentation, the license application will be denied. If the applicant provides inaccurate or false information, the license application will be denied.

003.08(A)(iii) REFERENCES. For purposes of the initial license application, each applicant must provide the names and contact information of at least three individuals who can attest to the capability of the applicant to care for a child. At least one reference must be from a relative of the applicant and at least two references must be from a non-relative.

003.08(A)(iv) BACKGROUND CHECKS. The applicant and all other members of the household 18 years of age and older will submit background checks prior to licensing. Each individual living in the home on whom a background check will be performed will sign the authorization form granting the Licensing Agent permission to perform the background checks and obtain the results. The authorization must include all previous known names, including maiden names and aliases. The release of information must be signed by the parent or guardian for any child under the age of 19. Any foster children residing in the household are not subject to these background check requirements. The following background checks will be conducted:

(1) State Central Register or Registry of child protection for any state in which the applicant has lived within the past 5 years;

(2) Nebraska Adult Protective Services Central Registry;

(3) Appropriate local law enforcement agency;

(4) Sex Offender Registry for any state in which the applicant has lived within the past 5 years;

(5) State-level criminal history; and

(6) Fingerprint-based National Criminal History Check.

003.08(A)(v) ACTION BASED ON BACKGROUND CHECK RESULTS. If the prospective foster parent has a criminal history is on a state’s central registry for child protection, the Department will determine licensing eligibility, based on the following criteria:

003.08(A)(v)(1) INELIGIBLE. A prospective foster parent is ineligible to receive a Foster Care license if background checks results indicate either of the following:

(a) The prospective foster parent has been convicted of a felony involving abuse or neglect of a child, spousal abuse, a crime against a child or children, including child pornography, or a crime of violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or

(b) The prospective foster parent is identified as a perpetrator on a Central Registry or equivalent in any state.

003.08(A)(v)(2) INELIGIBLE FOR FIVE YEARS. A prospective foster parent convicted of a felony involving physical assault, battery, or a drug-related offense is ineligible to provide Foster Care for five years after the date of conviction.

003.08(A)(v)(3) ELIGIBLE AT DEPARTMENT’S DISCRETION. If a prospective foster parent has been convicted of a crime or crimes that do not otherwise result in ineligibility, the Department will review the facts and circumstances of the convictions to determine whether the person is eligible to provide Foster Care.

003.08(A)(v)(4) CHANGE IN HOUSEHOLD MEMBERS. When the Department is notified that there is a change individuals residing in the home, the Department may require any individual age 18 or older to submit to the background checks set forth in this section. If any individual age 18 or older is ineligible to receive a foster care license pursuant to this section, the Department may initiate a licensing action.

003.08(A)(vi) COMPLIANCE CHECKLIST. Prior to licensure, renewal, or a license amendment, the Licensing Agent completes a Department approved compliance checklist. In order to complete the checklist for licensure or re-licensure, the Licensing Agent must make an on-site visit to the home. The home to be licensed must meet all criteria set forth in the compliance checklist or a license will be denied or may be revoked.

003.08(A)(vi)(1) ENVIRONMENTAL REQUIREMENTS. In order for a foster license to be issued, the home must meet all the environmental requirements of this section.

003.08(A)(vi)(1)(a) BEDROOMS. Bedrooms or sleeping areas meet the following criteria:

(i) Each child is provided with a bed, bedding, and a place to store his or her belongings;

(ii) No person over the age of majority may co-sleep or bed share with any person under the age of majority; and

(iii) When required by the placing agency or the Department, the applicant will provide separate bedrooms for children of opposite sexes.

003.08(A)(vi)(1)(b) FREE FROM INFESTATION. The home must be free from rodents and insect infestation.

003.08(A)(vi)(1)(c) WATER SUPPLY. The Licensing Agent will verify that the foster home has a continuous supply of safe drinking water and that the water supply meets one of the following criteria:

(i) The Water supply is from a private well, and has been tested for bacteria and nitrates and approved at initial application and annually thereafter by a lab certified by the Department; or

(ii) The water comes from a municipal source.

003.08(A)(vi)(1)(d) FIRE SAFETY FOR LICENSED FOSTER HOMES. The Licensing Agent will verify that the home has:

(i) At least two exits on grade level;

(ii) At least two means of escape from every level of the home that is used for sleeping;

(iii) Operable smoke detectors, maintained according to manufacturer's recommendations, which are located on each level of the home. For bedrooms located below grade level and used by foster children, the detectors must be single station approved detectors; and

(iv) At least one operable carbon monoxide detector on each level of occupancy of the home.

003.08(A)(vi)(1)(e) PETS. The Licensing Agent will verify the following for any pet in the home:

(i) That the pet is licensed in accordance with the applicable state, local or tribal law;

(ii) That the pet is current on any necessary or required vaccinations; and

(iii) That the pet has no history of aggression.

003.08(A)(vi)(1)(f) OUTDOOR RECREATIONAL AREA. The Licensing Agent will verify that the grounds are clean, well-drained, and hazard-free.

003.08(A)(vi)(1)(f)(i) OUTDOOR SWIMMING POOLS. All outdoor swimming pools, hot tubs or spas filled with more than one foot of water must meet the following requirements:

(1) The portion of the yard where the swimming pool, hot tub or spa is located must have a fence on all sides equipped with a safety device, such as a bolt lock;

(2) If the swimming pool cannot be emptied after each use, the pool must be equipped with a working pump and filtering system; and

(3) Hot tubs and spas must have safety covers that are locked when not in use.

003.08(A)(vi)(1)(g) WASTE DISPOSAL. The Licensing Agent will verify that:

(i) Garbage that is stored outside the home is stored in containers and disposed of regularly; and

(ii) An appropriate sewer or septic system is used.

003.08(A)(vi)(1)(h) ALTERNATIVE COMPLIANCE. The Department may approve a request of an applicant to comply with the licensing standard in a different way from what is stated. The applicant must submit the request to the Department in writing prior to a licensing determination being made. The applicant will resubmit the alternative compliance request to the Department each time a license is to be issued, amended, renewed, or reinstated.

003.08(A)(vi)(1)(h)(i) ALTERNATIVE COMPLIANCE WITH FIRE SAFETY AND WASTE DISPOSAL. The Licensing Agent will submit all alternative compliance requests regarding fire safety or waste disposal requirements to the state or local fire authority or to the state or local health department for a decision on suitability of the suggested alternative.

003.08(A)(vi)(2) TRAINING. The applicant completes training as follows:

(i) For an initial license, the applicant must complete 21 hours of the Department-approved pre-service training, with such training being completed prior to licensure and within the 12 months immediately prior to licensure;

(ii) For a license renewal, the licensee must complete 12 hours of the Department approved in-service trainings annually within the effective dates of his or her license to be renewed;

(iii) All foster parents receive training relating to the Reasonable and Prudent Parent Standard that meets the requirements of Nebraska Revised Statute 43-4707; and

(iv) All foster parents receive training on recognizing human trafficking, including recognizing sex trafficking and labor trafficking as required by Neb. Rev. Stat. § 43-4707.

003.08(A)(vi)(2)(a) ACTIVITIES COUNTED AS TRAINING. If a foster parent wishes to have a course or activity counted toward the in-service training requirements, the activity or course must be submitted to the Department for review and may only be counted towards the training hours if the Department gives written approval. The Department retains the discretion to determine which activities and courses will be approved for training credit.

003.08(A)(vi)(2)(b) DOCUMENTATION. The applicant will provide written documentation of the training received.

003.08(A)(vii) HOME STUDY. The Home Study must be completed in the Department approved format. The individual preparing the home study must complete at least one scheduled on-site visit to assess the home. The Home Study will include information on the physical and mental health history, including any history of drug or alcohol abuse or treatment, for any household member of the age of majority who will be providing care for the child. The Licensing Agent will submit a completed Home Study regarding the applicant to the Department as a part of the licensing application packet.

003.09 AMENDING A LICENSE. A Foster Care license may be amended upon the written request of the foster parent if the requirements of this section are met.

003.09(A) CHANGE OF ADDRESS. When the foster parent requests to the change the address on the Foster Care license, a new department approved application form must be submitted to the Department and a compliance checklist must be completed for the new residence along with an updated home study. A license will not be amended if all licensing requirements are not met.

003.09(B) MAXIMUM NUMBER OF CHILDREN. When the foster parent requests to change the number of children for whom care can be provided, the license may be amended if the Department determines that the requested change is in compliance with the requirements of this chapter.

003.09(C) TIME PERIOD. Amending a license does not change the end date of the original license.

003.10 EXTENDING A LICENSE. A current foster care license can be extended for 90 days when the licensee has submitted a completed renewal application packet to the Department prior to the expiration of current license. A provisional license cannot be extended.

003.11 RENEWAL OF LICENSE. In order for renewal of a license to occur, all licensing requirements and processes applicable to the original license are to be completed, unless specified otherwise in this chapter.

003.11(A) APPLICATION FOR A RENEWAL LICENSE. The application for license renewal includes the following completed items:

(i) Department approved application form;

(ii) Department approved compliance checklist;

(iii) Background checks;

(iv) Health information form;

(v) Ongoing training verification; and

(vi) Signed Home Study Addendum.

003.12 PROVISIONAL LICENSE. The Department may issue a time-limited, nonrenewable provisional license to an applicant who is unable to comply with all licensure requirements and standards, but has a documented plan to comply with the requirements, and is capable of compliance within the time period stated in the provisional license as approved. The Provisional License will not extend beyond 180 days or past the date of the current license.

003.13 WAIVER OF LICENSING REQUIREMENTS FOR A RELATIVE LICENSE. The Department, in its discretion, may waive one or more of the following licensing requirements for an applicant who is related by blood, marriage, or adoption to the child requiring placement:

(1) The requirement that at least two references must be from a non-relative;

(2) The maximum number of persons for whom care can be provided;

(3) The requirement that a home have at least two exits on grade level; or

(4) Training.

003.13(A) TYPE OF LICENSE. In the event the Department issues a Foster Care License after waiving one of the above licensing requirements, the type of Foster Care License issued will be a Relative License.

003.14 ADDITIONAL ELIGIBILITY CRITERIA. To be eligible for a foster care license, all applicants must meet the following criteria:

(1) The applicant must not have relinquished parental rights on any child within the past five years;

(2) The applicant must agree to abide by all requirements included in the Department’s Placement Document; and

(3) The applicant must:

(a) Be mentally and physically able to provide care and supervision to children;

(b) Exercise reasonable judgment when caring for children; and

(c) Not engage in or have a history of behaviors which would injure or endanger the physical, mental health, or safety of children.

003.14(A) DENIAL. An applicant who does not meet the eligibility criteria will be denied a foster care license.

003.15 LICENSING ACTION. The Department will provide written notice of all licensing actions to the applicant or licensee, including the reason for the action and, when applicable, the right to appeal the action. The Department cannot take a licensing action for conduct solely involving a foster parent’s exercise of the Reasonable and Prudent Parent Standard.

003.15(A) TYPES OF LICENSING ACTIONS. A licensing action includes any of the following:

(i) Denial;

(ii) Revocation; or

(iii) Suspension.

003.15(B) DENIAL. The Department may deny a foster care license application for anyone who:

(i) Does not meet all the eligibility criteria set forth in this chapter;

(ii) The Department determines falsified information on the foster care application or home study; or

(iii) The Department determines to be ineligible for a license based on the results of the background checks.

003.15(C) REVOCATION. The Department may revoke a foster care license when:

(i) The Department determines that a licensed foster parent or an individual 18 years of age or older residing in the home is placed on the Child Abuse and Neglect Central Registry or is determined to otherwise meet one of the background check ineligibility criteria;

(ii) It is determined by the Department that a licensed foster parent fails to meet any of the licensing requirements set forth in this chapter;

(iii) It is determined by the Department that any individual residing in the home of a licensed Foster Care provider has engaged in behaviors that have or would compromise the safety or well-being of a child; or

(iv) The Department determines the licensee falsified information on the foster care application or home study.

003.15(D) SUSPENSION OF A LICENSE. The Department may suspend a foster care license when any one or more of the following occurs:

(1) When a complaint of suspected child or adult abuse or neglect has been received but the Department has not yet made a finding;

(2) When the licensee has been placed on the Adult Protective Services Central Registry or the Child Abuse and Neglect Central Registry as a perpetrator and the licensee has appealed that decision;

(3) When an licensee or member of the household has a criminal charge filed against him or her involving a crime against children or other crimes which may affect the care of children; or

(4) When a child in the care of the licensed foster home dies.

003.15(D)(i) END OF SUSPENSION. When a court action is taken or an appeal decision is made regarding the issue which resulted in the suspension, the license will be reinstated or revoked. If a foster care license is in suspended status on its end date, the license will expire.

003.16 APPEAL OF LICENSING ACTIONS. The applicant or licensee has the right to appeal the revocation, suspension or denial of a license within thirty days from the date of the notice of action. If the applicant submits a written appeal within ten days of receipt of notice, the licensing action will not be taken until the appeal decision is issued by the Director of the Division of Children and Family Services. Such appeals will be carried out in accordance with the Nebraska Administrative Procedure Act.

003.17 PLACEMENT. No licensee is guaranteed to receive placement of a foster child in his or her home. If a child is placed in the foster home, the licensee must sign the Department’s placement agreement at the time of placement and comply with all provisions of the agreement. Failure to abide by any term of the placement agreement could result in action being taken on the foster care license.

004. APPROVAL OF PLACEMENT IN UNLICENSED HOMES .

004.01 KINSHIP AND RELATIVE HOMES. A child who is in the custody of the Department will not be placed in an unlicensed home, without Department approval. The only foster homes that may be approved are Kinship Homes and Relative Homes. All relative and kinship foster parents must sign the Department’s placement agreement and abide by all terms of the agreement.

004.02 NON-EMERGENCY APPROVAL OF RELATIVE AND KINSHIP HOMES. In order for a child to be placed in a Kinship or Relative Home the requirements of this section must be met.

004.02(A) REQUIREMENTS. Prior to a child being placed in a Relative or Kinship Home the Department will complete background checks on all household members 18 years of age and older. The background checks to be completed are:

(i) Child Abuse and Neglect Central Registry for all states in which the individual has lived within the past 5 years;

(ii) Adult Abuse and Neglect Central Registry check;

(iii) Sex Offender Registry check for all states in which the individual has lived within the past 5 years; and

(iv) Local law enforcement agency check; and

(v) National fingerprint-based criminal history check.

004.02(B) ACTION BASED ON REQUIRED BACKGROUND CHECKS. If the prospective foster parent has a criminal history is on a state’s central registry for child protection, the Department will determine licensing eligibility, based on the following criteria:

004.02(B)(i) INELIGIBLE. The Relative or Kinship Home will not be approved if the background checks on any household member indicate either of the following:

(a) The household member has been convicted of a felony involving abuse or neglect of a child, spousal abuse, a crime against a child or children, including child pornography, or a crime of violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or

(b) The household member is identified as a perpetrator on a Central Registry or equivalent in any state.

004.02(B)(ii) INELIGIBLE FOR FIVE YEARS. A Relative or Kinship Home will not be approved if any household member age 18 or older has been convicted of a felony involving physical assault, battery, or a drug-related and the date of conviction is within the past five years.

004.02(B)(iii) ELIGIBLE AT DEPARTMENT’S DISCRETION. If any household member age 18 or older has been convicted of a crime or crimes that do not otherwise result in ineligibility, the Department will review the facts and circumstances of the convictions to determine whether the Relative or Kinship Home will be approved.

004.02(B)(iv) CHANGE IN HOUSEHOLD MEMBERS. When the Department is notified that there is a change in individuals residing in the home, the Department may require any individual age 18 or older to submit to the background checks set forth in this section. If any individual age 18 or older is ineligible to receive a foster care license pursuant to this section, the Department may determine that Relative or Kinship Home is no longer approved.

004.02(C) HOME STUDY. The Department must receive a completed Home Study on the Relative or Kinship Home within 45 days of placing the child in the home.

004.03 EMERGENCY APPROVAL OF RELATIVE AND KINSHIP HOMES. Emergency approval of a Relative or Kinship Home is allowed when non-emergency approval prior to placement is unfeasible, subject to the requirements of this section.

004.03(A) EMERGENCY APPROVAL REQUIREMENTS. The following must be met prior to a Relative or Kinship Home being approved for emergency placement:

(1) The Department will visit the home of the potential Caregiver, including a face-to-face meeting with at least one of the prospective adult Caregivers;

(2) All Caregivers are the age of majority;

(3) The Department determines that there is adequate housing and will not compromise the child’s safety;

(4) The Department determines that the adult Caregiver is able to adequately meet the needs of the child;

(5) At least one of the relative or kinship caregivers in the home must be able to communicate with the child in the child’s own language;

(6) At least one of the relative or kinship caregivers in the home must be able to communicate with the Department, the Licensing Agent, health care providers and other service providers; and

(7) The following background checks are completed on all household members age 18 or older:

(a) Child Abuse and Neglect Central Registry check for all states in which the individual has lived within the past 5 years;

(b) Adult Abuse and Neglect Central Registry check;

(d) Local law enforcement agency check.

004.03(A)(i) EXCEPTION TO HOME VISIT. The Department may make an exception to visiting the home and having a face-to-face meeting with one of the prospective caregivers if law enforcement made arrangements for the child to temporarily reside with the Relative or Kinship Home. In that case, the visit by the worker will be made no later than one working day after the placement.

004.03(B) COMPLETION OF NON-EMERGENCY REQUIREMENTS. After a child is placed in the emergency approved Relative of Kinship Home, the remaining non- emergency approval requirements, including the national fingerprint check and home study, must be completed within 60 calendar days.

004.04 WHEN PLACEMENT APPROVAL DENIED OR REVOKED. If, at any point in time, the Department becomes aware that a the Relative of Kinship Home does not meet approval requirements or is otherwise contrary to the child’s best interest the Department may deny or revoke approval of the Kinship or Relative Home.

005. REQUIREMENTS FOR ALL PLACEMENTS . The requirements of this section apply to all homes in which children in the custody of the Department are placed. Failure to meet any of these requirements could result in a foster care license being denied or revoked or approval of a relative or Kinship Home being denied or revoked.

005.01 PARTICIPATION IN ACTIVITIES. Every foster parent, whether in a licensed home or approved home, will:

(A) Permit each child placed in his or her care to participate in age appropriate school, extracurricular, enrichment, cultural, and social activities;

(B) Permit each child placed in his or her care to practice and further the child’s own religious beliefs and cultural practices; and

(C) Exercise the Reasonable and Prudent Parent Standard when determining whether to allow a child in Foster Care in the custody of the Department to participate in extracurricular, enrichment, cultural, and social activities.

005.02 DISCIPLINE. Every foster parent, whether in a licensed home or approved home, will provide age appropriate discipline for children placed in his or her home and will not use corporal or degrading punishment for children placed in his or her home. The following forms of discipline may not be used by any Caregiver for children in the custody of the Department:

(1) Denial of necessities;

(2) Chemical or mechanical restraints;

(3) Derogatory remarks, abusive or profane language;

(4) Yelling, screaming or threats of physical punishment;

(5) Physical punishment of any kind to include spanking, slapping, shaking, biting, striking, kicking;

(6) Rough handling; or

(7) Denial of visits or contact with parents, siblings, or others, as designated by the Department.

005.02(A) DELEGATION OF DISCIPLINE. The foster parent will not delegate discipline of a child in the custody of the Department to anyone who is not the licensed foster parent for that child or the approved relative or kinship placement for that child.

005.03 CONFIDENTIALITY. All information concerning a child and his or her family is considered confidential and will only be disclosed with authorization from the Department and for purposes that benefit the child. Foster parents, whether in a licensed home or approved home, will not post pictures and information regarding the child on social media sites.

005.04 COOPERATION. Every foster parent will cooperate with the Licensing Agent and the Department.

005.05 MEDICAL CARE AND RECORDS. The foster parent, whether in a licensed home or approved home, is responsible for ensuring each child placed in his or her care has routine medical, vision and dental care necessary for the child’s well-being. The foster parent will maintain and keep the child’s medical history to include the following accurate written information on each child in their care:

(1) Full name of child;

(2) Name, address, and phone number of the child’s physician;

(3) Name, address, and phone number of the person or agency holding legal custody of the child;

(4) Past (if available) and current immunizations;

(5) The administering of all medications;

(6) Significant health concerns; and

(7) Emergency medical treatment and intervention received.

005.05(A) NOTICE TO DEPARTMENT. The foster parent is responsible for informing the worker of all illnesses, accidents, injuries, and other incidents requiring medical attention within 24 hours.

005.06 ON-SITE VISITS. Every foster parent, whether in a licensed home or approved home, must allow on-site home visits by the Licensing Agent and the Department.

005.07 NUTRITION AND FOOD SERVICE. The foster parent will ensure that each child is provided with a minimum of three meals per day which meet his or her daily nutritional needs.

005.08 HAZARDOUS MATERIALS, WEAPONS AND EQUIPMENT. The foster parent will ensure that:

(1) Drugs, cleaning agents, poisons, and other potentially hazardous items, materials, or equipment are inaccessible to youth or are used by youth under supervision of a Caregiver;

(2) All weapons and firearms are inaccessible to children and are unloaded and locked by a child-proof safety lock or stored in a locked cabinet or area; and

(3) All ammunition are inaccessible to children and stored in a locked cabinet or area and separate from the firearms.

005.09 EMERGENCY PREPAREDNESS PLAN. The foster parent, whether in a licensed home or approved home, will develop appropriate emergency preparedness plans based on the home’s geographic region. Each home must have a plan for evacuation from fire. All emergency preparedness plans must be posted in a prominent place in the home and reviewed with the children.

005.10 TRANSPORTATION. Each foster parent must have access to Reliable Transportation that is both legal and safe for the child.

006. REPORTS REGARDING FOSTER HOMES .

006.01 LICENSING VIOLATIONS. The Department will investigate any licensed foster home after receiving a report that the foster home or foster parents are not in compliance with the licensing regulations.

006.02 ALLEGATIONS OF ABUSE OR NEGLECT. Any report about a foster home may be forwarded to the Child Abuse and Neglect Hotline for the Department to determine whether the report involves allegations of child abuse or neglect.

006.03 REPORTING PARTY. The identity of the reporting party is not public information.

006.04 LICENSING ACTION. If the Department determines the report is credible, a licensing action may be initiated.

007. SHARING HOME STUDY INFORMATION . The sharing of the home study, including background check, information is subject the provisions of this section.

007.01 SHARING INFORMATION WITH THE APPLICANT. The Department will not share the results of the finger-print based national criminal history checks with any person or entity, except as allowed by law.

007.02 SHARING INFORMATION WITH COURTS. Upon request of the court, the Department may share all background check results with a court of competent jurisdiction.

007.03 SHARING INFORMATION REGARDING INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN LICENSURE. When the Department completes a home study as the result of a request through the Interstate Compact for the Placement of Children, the Department will provide the home study and background checks, except for the national criminal history check, to the requesting state’s Interstate Compact for the Placement of Children coordinator.

008. PROVISION OF LIABILITY AND DAMAGE INSURANCE . Insurance for foster parents is provided in accordance with Neb. Rev. Stat. § 43-1320.

009. ADOPTIVE HOME STUDY . The Department may complete a preplacement or postplacement adoptive home study or contract with a child placing agency to complete the adoptive home study. The adoptive home study must be completed on the Department approved format and must include an examination into factors that may influence the long-term success of the adoption. The home study must include a national criminal history records check as required by Neb. Rev. Stat. § 43-107 and all other background checks required for a foster care license as set forth in this chapter.

History

Effective 2022-06-29

Chapter 4 Initial Assessment, Case Management, and Permanency

Neb. Admin. Code tit. 395, ch. 4 Initial Assessment, Case Management, and Permanency {#sec-395-nac-4 omnilex-key=us-ne-regs-official--title-395--395 NAC 4}

001. CONTACT WITH CHILD VICTIM AND PARENTAL NOTIFICATION . When a child is a possible witness to or an alleged victim of abuse or neglect, the Department has the authority to contact the child to conduct an interview necessary for an assessment. This may be done without the consent or knowledge of the parent. A child may be contacted at school, child care, or other locations away from the home.

002. ACCEPTING A RELINQUISHMENT OF PARENTAL RIGHTS . Prior to signing a relinquishment of parental rights to the Department, a parent may be offered counseling for the purpose of providing education on the available options and to ensure the parent is making an informed decision. A parent may decline to participate in this counseling. After a parent has completed or declined counseling, the Department will determine whether accepting the relinquishment is in the best interest of the child. The Department may elect not to accept a relinquishment of parental rights.

003. PERMANENCY FOR CHILDREN .

003.01 FINALIZING ADOPTION. The prospective adoptive parents of a child in the custody of the Department will be responsible for retaining legal counsel to finalize the adoption. After finalization, the adoptive parents have full rights and responsibilities for their child. The Department no longer has any authority or responsibility for the child except as might exist in an adoption subsidy agreement.

003.01(A) DESIGNATION OF GUARDIAN. A parent who enters into an adoption subsidy agreement with the Department must designate a guardian for the child in case of the death of the adoptive parent or parents. Payment of the adoption subsidy will cease upon the death of the adoptive parent or parents unless the adoption assistance agreement provides for assignment to a guardian or conservator. In the event an individual who was previously a legal parent for the child is appointed as guardian for the child, even if parental rights have been terminated or relinquished, payment of the adoption subsidy must cease.

003.01(A)(i) EXCEPTION. Payment of an adoption subsidy can continue for up to six months following the death of the adoptive parent or parents pending the appointment of a guardian or conservator if the child is placed in the temporary custody of a family member or other individual. In the event this child is placed in the custody of an individual who was previously a legal parent for the child, even if parental rights have been terminated or relinquished, payment of the adoption subsidy will cease.

003.02 FINALIZING GUARDIANSHIP. When guardianship is determined to be the permanency objective for a child in the custody of the Department, the prospective guardian is responsible for retaining legal counsel to finalize the guardianship. Once the Department receives an order from the court which establishes guardianship, the Department no longer has any authority or responsibility for the child except as might exist in a guardianship subsidy agreement.

003.03 EXTENDED GUARDIANSHIP ASSISTANCE. A Young Adult who was previously adjudicated to be within the meaning of Nebraska Revised Statute (Neb. Rev. Stat.) § 43- 247(3)(a) or the equivalent under tribal law is eligible for the extended guardianship assistance program if the young adult meets the eligibility requirements in Neb. Rev. Stat. § 43-4511. Participation in the Bridge to Independence program will permanently terminate eligibility for the extended guardianship assistance program.

003.03(A) USE OF FUNDS. A guardian who receives payment of extended guardianship assistance shall use the guardianship assistance funds for the benefit of the Young Adult. The Department will consider use of the guardianship assistance funds on the following supports and services as using the funds for the benefit of the Young Adult:

(i) Clothing purchases;

(ii) Incidental items;

(iii) Insurance;

(iv) Food;

(v) Housing, other than maintenance of the guardian’s home;

(vi) Education;

(vii) Medical expenses; or

(viii) Other services and supports the Department determines will help the Young Adult transition into adulthood.

003.04 EXTENDED ADOPTION ASSISTANCE. A Young Adult who was previously adjudicated to be within the meaning of Neb. Rev. Stat. § 43-247(3)(a) or the equivalent under tribal law is eligible for the extended guardianship assistance program if the young adult meets the eligibility requirements in Neb. Rev. Stat. § 43-4512. Participation in the Bridge to Independence program will terminate eligibility for the extended adoption assistance program.

003.04(A) USE OF FUNDS. A parent who receives payment of extended adoption assistance shall use the adoption assistance funds for the benefit of the Young Adult. The Department will consider use of the adoption assistance funds on the following supports and services as using the funds for the benefit of the Young Adult:

(i) Clothing purchases;

(ii) Incidental items;

(iii) Insurance;

(iv) Food;

(v) Housing, other than maintenance of the guardian’s home;

(vi) Education;

(vii) Medical expenses; or

(viii) Other services and supports the Department determines will help the Young Adult transition into adulthood.

History

Effective 2021-05-12

Chapter 5 Indian Child Welfare Act

Neb. Admin. Code tit. 395, ch. 5 Indian Child Welfare Act {#sec-395-nac-5 omnilex-key=us-ne-regs-official--title-395--395 NAC 5}

001. DEFINITIONS . The following definitions apply:

001.01 INDIAN CHILD WELFARE ACT. The Indian Child Welfare Act includes:

(A) Nebraska Revised Statute (Neb. Rev. Stat.) § 43-1501 et. seq.; and

(B) 25 U.S.C. § 1901 et. seq.

002. CASE REVIEWS . This section establishes the standards and procedures for case reviews as required by Neb. Rev. Stat. § 43-1517.

002.01 SAMPLE SIZE. The Department will review Indian Child Welfare Act (ICWA) cases in the same manner as non-Indian Child Welfare Act (ICWA) cases utilizing, at a minimum, the same time frames and sample size.

002.02 METHODS FOR MONITORING. The Department will monitor cases for compliance with the Indian Child Welfare Act (ICWA) by conducting data reviews and case information reviews as part the Department’s continuous quality improvement procedures.

002.03 STANDARDS. These case reviews will include a review of compliance with the standards established in the state and federal Indian Child Welfare Acts.

History

Effective 2021-05-12

Chapter 6 Assessment of Abuse and Neglect Reports

Neb. Admin. Code tit. 395, ch. 6 Assessment of Abuse and Neglect Reports {#sec-395-nac-6 omnilex-key=us-ne-regs-official--title-395--395 NAC 6}

001. AUTHORITY . These regulations are authorized by Nebraska Revised Statute (Neb. Rev. Stat.) § 28-713 and § 28-713.03 and establish the process for the screening and assessment of reports of child abuse and neglect.

002. HOTLINE . The Department will provide a means for the public to report child abuse and neglect as required by Neb. Rev. Stat. § 28-711.

003. SCREENING OF REPORTS . The Department will utilize an evidence-informed screening tool to determine whether a report of abuse or neglect will be accepted for investigation or assessment.

003.01 REPORTS OF TRAFFICKING. Any report where the child is a reported or suspected victim of sex or labor trafficking will be accepted for assessment or investigation.

003.02 SHARING OF REPORTS. Pursuant to Neb. Rev. Stat. § 28-713, all reports, whether or not accepted for investigation or assessment, will be provided to the appropriate law enforcement agency.

004. CATEGORIZING REPORTS . Each accepted report will be referred for response by law enforcement or the Department.

004.01 REFERRED FOR DEPARTMENT RESPONSE. The Department will assess accepted reports of abuse or neglect where the alleged perpetrator is:

(A) A caregiver who resides in the same home of the alleged victim; or

(B) A caregiver in a day care home, foster home, day care center, child care facility or other residential care facility.

004.01(i) RESPONSE TIME. The Department will make contact with the identified family within a maximum of ten days after receipt of an accepted report of child abuse or neglect, unless an exception is granted.

004.02 REFERRED FOR LAW ENFORCEMENT RESPONSE. Each accepted report which is not referred to the Department for assessment will be referred to law enforcement for investigation. This includes reports of abuse or neglect where the perpetrator is a teacher, school employee, counselor, therapist, or other licensed medical or mental health practitioner, and the perpetrator is not the parent of the alleged victim.

005. INITIAL ASSESSMENT . When a report is referred to the Department for investigation or assessment the Department will utilize an evidence-informed and validated tool to determine the current safety of the child, the risk of future maltreatment, and to determine a family’s need for services, if any.

005.01 CONTACT WITH CHILD VICTIM AND PARENTAL NOTIFICATION. When a child is a possible witness to or an alleged victim of abuse or neglect, the Department has the authority to contact the child to conduct an interview necessary for an assessment. This may be done without the consent or knowledge of the parent. A child may be contacted at school, child care, or other locations away from the home.

005.02 COMPLETION OF ASSESSMENT. The Department will complete the initial assessment within sixty days, unless an exception is granted.

006. IDENTIFICATION OF TRAFFICKING VICTIMS . Based on the information gathered during the screening or initial assessment process, the Department may designate the child as a suspected victim of sex or labor trafficking.

006.01 SUSPECTED VICTIMS OF SEX OR LABOR TRAFFICKING. Each minor who is designated by the Department as a suspected victim of trafficking will be assigned for in- person investigation as required by Neb. Rev. Stat. § 28-713. As part of the in-person investigation, the Department will use specialized instruments to:

(A) Screen and assess to identify whether the child is a trafficking victim or at high risk of becoming a trafficking victim; and

(B) Determine the needs of the child and family to prevent or respond to abuse, neglect, and exploitation.

006.02 SERVICES. For each report where the child is designated as a suspected trafficking victim or at high risk of becoming a trafficking victim, the Department will refer and connect the child and family to the appropriate services.

007. CRITERIA FOR OPENING AN ONGOING CASE . When determining whether to open an ongoing case, the following criteria will be considered:

(A) The child’s safety as determined by the Department’s evidence-informed tool;

(B) The child’s risk of future maltreatment as determined by the Department’s evidence-informed tool; and

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.

008.01 NOTICE 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.

008.02 PAYMENT 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;

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

008.03 COURT 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 shall 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.

008.04 CASE 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.

008.05 ADMINISTRATIVE 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 with the Director of the Division of Children and Family Services within 30 days of when the action or inaction was communicated to the person filing the appeal.

History

Effective 2021-06-27

Chapter 7 State Ward Education Fund

Neb. Admin. Code tit. 395, ch. 7 State Ward Education Fund {#sec-395-nac-7 omnilex-key=us-ne-regs-official--title-395--395 NAC 7}

001. SCOPE AND AUTHORITY . These regulations govern the reimbursement for the costs of providing educational services to Eligible Children, including associated school transportation costs, as required by Nebraska Revised Statute (Neb. Rev. Stat.) § 79-215(9).

002. DEFINITIONS . The following definitions apply:

002.01 ELIGIBLE CHILD. A child who is a ward of the state of Nebraska or a ward of any court who meets the requirements set forth in Neb. Rev. Stat. § 79-215(9) and who is subject to the compulsory education requirements of Neb. Rev. Stat. § 79-201.

002.02 ELIGIBLE INSTITUTION. Any school district or institution that meets the requirements in Neb. Rev. Stat. § 79-215(9). Except as otherwise specified in this chapter, an Eligible Institution includes a school accredited by the Nebraska Department of Education under Title 92 Nebraska Administrative Code (NAC) 10 or 18. An Eligible Institution does not include:

(i) A special purpose school accredited by the Nebraska Department of Education under Title 92 NAC Chapter 10; (ii) A nonpublic schools accredited by the Nebraska Department of Education under Title 92 NAC 10; or (iii) A private or parochial school accredited by the Nebraska Department of Education under Title 92 NAC 14.

002.03 WARD OF THE STATE. A child placed in the custody of the Nebraska Department of Health and Human Services (Department) pursuant to the Nebraska Juvenile Code of the Nebraska Reissued Revised Statutes.

002.04 WARD OF ANY COURT. A juvenile described in Neb. Rev. Stat. § 43-247 (1), (2), (3)(b), or (4) who is in out-of-home care by order of the Court, including pre-adjudication, post-adjudication, and dispositional orders.

003. REIMBURSEMENT . To receive reimbursement for the cost of education, the Eligible Institution must meet all the provisions in this section.

003.01 SUBMITTING A CLAIM. Any Eligible Institution must submit a written request for reimbursement. Each written request must include the following:

(1) The Department’s approved claim form; (2) The Eligible Institution’s school calendar as prescribed by the Nebraska Department of Education; (3) The school attendance records for the Eligible Child for the reimbursement period; and (4) When the Eligible Child is a ward of any court, verification from the court of the date the child became a ward of the court.

003.01(A) SPECIAL EDUACTION REQUIREMENTS. If an Eligible Institution is submitting a claim for the costs of providing special education services, the Eligible Institution may be required to submit additional documentation in order for the Department to verify claim.

003.02 TIMEFRAME. An Eligible Institution must submit a claim for reimbursement no later than 30 days after the end of each semester for which the services were delivered.

003.02(A) EXCEPTION. The Department in its discretion may grant an exception to the 30 day requirement. Requests for an exception must be submitted by the Eligible Institution in writing along with the request for reimbursement.

003.03 INELIGIBLE CLAIMS. Eligible Institutions may not submit claims for the following:

(A) A child who is attending pre-school; (B) A juvenile who has run away or absconded from another state and is being held under the Articles and Rules of the Interstate Compact for Juveniles; or (C) A juvenile charged as an adult who is being held in a detention or correctional facility.

004. REIMBURSEMENT RATE . The Department will reimburse claims that meet the requirements of this chapter pursuant to rates established by the Nebraska Department of Education. When the Nebraska Department of Education does not have an established rate for the Eligible Institution, payment will be made as a cost reimbursement for the actual allowable education costs. The Eligible Institution must, upon request, provide the Department with documentation, such as invoices and payroll expenses, verifying the actual allowable education costs incurred.

004.01 TYPE OF EDUCATION. If an Eligible Institution has both a special education rate and a regular education rate, reimbursement will be made at the appropriate rate based on the educational services provided to the child.

004.02 OFFICIAL SCHOOL DAYS. An Eligible Institution may only be reimbursed for educational services provided on a school day as shown on the Eligible Institution’s school calendar as prescribed by the Nebraska Department of Education.

004.03 SCHOOL TRANSPORTATION COSTS. An Eligible Institution may be reimbursed for the transportation costs associated with the student’s education at the mileage reimbursement rate set by the Nebraska Department of Education.

004.04 SPECIAL EDUCATION SERVICES. An Eligible Institution will be reimbursed for the costs of the special education services provided to a student if those services are documented in the students Individualized Education Plan. Reimbursement for these services will be at the rate established by the Nebraska Department of Education.

005. APPEAL . An Eligible Institution may appeal the denial of a claim in accordance with the Nebraska Administrative Procedures Act. The appeal must be submitted to the Department in writing no later than 30 calendar days after the date printed on the notice of denial.

History

Effective 2024-02-20

Chapter 9 Alternative Response

Neb. Admin. Code tit. 395, ch. 9 Alternative Response {#sec-395-nac-9 omnilex-key=us-ne-regs-official--title-395--395 NAC 9}

001. SCOPE AND AUTHORITY . These regulations implement Alternative Response as authorized by Nebraska Revised Statute (Neb. Rev. Stat.) §§ 28-712 and 28-712.01 and contemplated by Neb. Rev. Stat. § 28-710.01.

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

002.01 INTAKE 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.

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

002.03 HOUSEHOLD 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.

002.04 PREVENTION 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.

002.05 EXCLUSIONARY 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.

002.06 REVIEW, 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.

002.07 REVIEW, 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 evaluate 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.

003. RESPONSE ASSIGNMENT PROCESS .

003.01 SCREENING. The Department will screen each Intake Accepted for Assessment for the presence of Exclusionary Criteria and each Intake Accepted for Assessment that includes no Exclusionary Criteria for the presence of Review, Evaluate, Decide (RED) Team Criteria.

003.02 RESPONSE ELIGIBILITY. The Department will determine eligibility for Alternative Response based upon the presence or absence of Exclusionary Criteria and Review, Evaluate, Decide (RED) Team Criteria. If an Intake Accepted for Assessment includes:

(A) One or more Exclusionary Criteria, it is ineligible for Alternative Response;

(B) No Exclusionary Criteria and no Review, Evaluate, Decide (RED) Team Criteria, it is accepted for Alternative Response; and

(C) One or more Review, Evaluate, Decide (RED) Team criteria and no Exclusionary Criteria, and the Review, Evaluate, Decide (RED) Team reaches a decision that it is eligible for Alternative Response, it is accepted for Alternative Response.

003.03 REVIEW, EVALUATE, DECIDE (RED) TEAM REVIEW. The Review, Evaluate, Decide (RED) Team will review and evaluate an Intake Accepted for Assessment that includes Review, Evaluate, Decide (RED) Team Criteria to determine whether it is eligible for Alternative Response.

003.03(A) REVIEW, EVALUATE, DECIDE (RED) TEAM REVIEW PROCESS. The Review, Evaluate, Decide (RED) Team will meet at least once each business day, unless there are no intakes to review. To determine whether an intake will be eligible for Alternative Response, the Review, Evaluate, Decide (RED) Team will consider the factors set forth in Neb. Rev. Stat. § 28-712.01, and the following:

(i) The household’s past history or current involvement with the Department, including completed assessments and services provided by household;

(ii) The criminal history of any Household Member; and

(iii) The allegations and information included in the current intake.

003.03(B) REVIEW, EVALUATE DECIDE (RED) TEAM DECISION. The Review, Evaluate, Decide (RED) Team will assign an intake accepted for assessment to Alternative Response unless the team determines the child may be seriously endangered by the child's surroundings and removal may be necessary.

003.04 RESPONSE ASSIGNMENT. Each Intake Accepted for Assessment that is eligible for Alternative Response will be assigned to Alternative Response. The Department will assign all other intakes accepted for assessment to Traditional Response.

003.05 REASSIGNMENT FROM ALTERNATIVE RESPONSE TO TRADITIONAL RESPONSE. The Department will automatically transfer a family from Alternative Response to Traditional Response if:

(A) A safety threat is present that cannot be managed through an in-home safety plan;

(B) It cannot assess child safety;

(C) Law enforcement notifies the Department that they have cited the Caretaker for the child abuse or neglect alleged in the Intake Accepted for Assessment;

(D) The Caretaker receiving Alternative Response requests Traditional Response; or

(E) It learns a Household Member allegedly caused the death of a child.

003.06 TRADITIONAL RESPONSE REASSIGNMENT. If a family is reassigned to Traditional Response individuals may be subject to having their name placed on the Central Registry. Individuals will receive written notice if their name is placed on the Central Registry in accordance with Neb. Rev. Stat § 28-713.01 (2).

004. ALTERNATIVE RESPONSE SERVICES AND INTERVENTIONS .

004.01 SUPPORTS AND SERVICES. Each family assigned to Alternative Response will be offered supports and services as available and appropriate based on the Department’s assessment of safety and risk of future maltreatment.

004.02 SAFETY ASSESSMENTS. Ongoing assessment of child safety and risk of maltreatment will continue so long as the family participates in Alternative Response.

004.03 VOLUNTARY PARTICIPATION. Participation in Alternative Response becomes voluntary once the Department completes the comprehensive assessment and determines that no safety concerns are present.

004.04 FAMILY CONTACTS AND ENGAGEMENT. For each child in the family, the Department may contact all parents and Household Members as part of the assessment process and may engage all parents and Household Members in the development of the Prevention Plan.

005. NOTICE AND APPEAL .

005.01 NOTICE. The Department will provide written notice to families assigned to Alternative Response. This written notice will explain the Alternative Response process including assessment of safety and risk, criteria for reassignment of a family from Alternative Response to Traditional Response, and the family’s rights to terminate participation in Alternative Response.

005.02 GRIEVANCE PROCESS. Families receiving Alternative Response may file a grievance following the same grievance process available to families receiving Traditional Response pursuant to Neb. Rev. Stat. § 81-603.

005.03 GRIEVANCE LIMITATIONS. Families may not grieve assignment or reassignment to Traditional Response or actions of any person not employed by the Department.

006. TERMINATION OF PARTICIPATION . Alternative Response terminates upon:

(A) Reassignment of a family to Traditional Response;

(B) Request of the Caretaker receiving Alternative Response after completion of the comprehensive assessment (Neb. Rev. Stat §§ 28-710 & 28-712.01(3)); or

007. COLLECTION, SHARING, AND REPORTING OF DATA . Data will be collected and shared at the Department’s discretion.

History

Effective 2021-09-07

Chapter 10 Young Adult Voluntary Services and Support Bridge to Independence

Neb. Admin. Code tit. 395, ch. 10 Young Adult Voluntary Services and Support Bridge to Independence {#sec-395-nac-10 omnilex-key=us-ne-regs-official--title-395--395 NAC 10}

001. SCOPE AND AUTHORITY . These regulations are authorized by and implement the Young Adult Bridge to Independence Act, Nebraska Revised Statute (Neb. Rev. Stat.) §§ 43-4501 to 43-4514.

002. DEFINITIONS . The following definitions apply:

002.01 CASE MANAGEMENT. Support provided by the Department to a young adult to complement his or her own efforts toward self-sufficiency.

002.02 FOSTER CARE MAINTENANCE PAYMENT. A financial payment made to or on behalf of a young adult to cover the cost the young adult’s basic needs. Foster care maintenance payments under Bridge to Independence shall remain at least at the rate set immediately prior to the young adult’s exit from foster care.

002.03 HOST HOME. A setting in which a young adult resides in the home of an adult or family (who may or may not be related to the young adult), shares basic facilities, and agrees to basic expectations as established by the host home, young adult, and the Department.

002.04 INDEPENDENCE COORDINATOR. A Department employee who is responsible for providing case management to a young adult.

002.05 MEDICAL ASSISTANCE PROGRAM. The medical assistance program established by Neb. Rev. Stat. § 68-903, which is also known as Nebraska Medicaid.

002.06 PART-TIME ENROLLMENT. Enrollment in an education program for at least 6 credit hours per semester.

002.07 POST-SECONDARY EDUCATION. Education beyond secondary education including university, college, vocational or trade schools, and other settings of higher education.

002.08 SECONDARY EDUCATION. High school or a program leading to an equivalent to a high school diploma.

003. ELIGIBILITY REQUIREMENTS . In order to participate in Bridge to Independence, the following elements of eligibility must be met:

(A) Individual eligibility as established by Neb. Rev. Stat. § 43-4504 and the requirements of this chapter; (B) United States Citizenship or lawful presence as established by this chapter; (C) Educational or employment conditions; (D) Placement and living arrangement; and (E) Voluntary Services and Support Agreement.

003.01 CITIZENSHIP REQUIREMENTS. In order to participate in Bridge to Independence, a young adult must be a citizen of the United States or a qualified alien as defined in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). When a non-citizen applies for Bridge to Independence the applicant’s qualified alien status must be verified through the Systemic Alien Verification for Entitlements (SAVE) program operated by the Citizenship and Immigration Services. At the time of application, the young adult making the application must sign a Department approved attestation form, confirming citizenship or qualified alien status.

003.02 NEBRASKA RESIDENT REQUIREMENT. In order to participate in Bridge to Independence, a young adult must be a resident of Nebraska. The Department will determine whether a young adult is a Nebraska resident using the criteria set forth in this section.

003.02(A) LIVING IN NEBRASKA. A young adult living in the state of Nebraska voluntarily with the intent of making Nebraska his or her home will be considered a Nebraska resident.

003.02(B) LIVING OUTSIDE NEBRASKA. A young adult living outside the state of Nebraska may be deemed to be a Nebraska resident if the young adult:

(i) Is temporarily absent from the state as the result of enrollment in post-secondary Education, a trade school, or the Job Corps, and the young adult intends to return to Nebraska when the purpose of the temporary absence has been accomplished; (ii) Is a member of the United States Armed Forces and he or she is stationed in a state other than Nebraska and the young adult does not claim the other state as his or her residence for voting or tax purposes; (iii) Prior to age 19, was placed in another state by the Department or probation as part of a court proceeding filed under the Nebraska juvenile code and the young adult has continuously lived in the state where he or she was placed by the Department or probation; or (iv) Prior to age 19, was living in the State of Nebraska when a Federally Recognized Indian Tribe obtained jurisdiction over the young adult due to child abuse or neglect and, prior to the Federally Recognized Indian Tribe’s age of majority, the young adult was placed outside of the State of Nebraska by a court order issued by that Tribal Court.

003.02(C) EXCEPTION. A young adult who was a Nebraska resident but was placed outside Nebraska pursuant to the Interstate Compact for the Placement of Children (ICPC) is not subject to the residency requirement.

003.02(D) DETERMINATION OF INTENT. A young adult’s intent to make Nebraska his or her home will be evaluated by the Department. The Department may consider whether the young adult has a Nebraska driver’s license, a motor vehicle registration in Nebraska, owns or leases property in Nebraska or another state, or has accepted employment in Nebraska or another state.

003.02(D)(i) INCAPABLE OF INDICATING INTENT. A young adult is considered to be incapable of indicating intent if documentation from a medical or mental health professional indicates that the young adult is not capable of indicating intent.

003.02(D)(ii) RESIDENCY DETERMINATION. A young adult who is incapable of indicating intent is considered to be a resident of the state in which the young adult is living, unless the young adult was placed out of state as part of a court proceeding filed under the Nebraska juvenile code and the young adult has continuously lived in the state where he or she was placed by the Department, in which case the young adult will be considered a resident of Nebraska.

003.03 EDUCATIONAL OR EMPLOYMENT CONDITIONS. A young adult must meet at least one of the participation requirements described in this section in order to be eligible for Bridge to Independence:

003.03(A) EDUCATION. To be eligible under the education category, the young adult must have part-time enrollment in a secondary or post-secondary education program.

003.03(A)(i) ENROLLMENT. A young adult who is on semester, summer, or other break, but was enrolled the previous semester and will be enrolled after the break, is considered to be enrolled in school.

003.03(A)(ii) EQUIVALENT PROGRAM. A secondary or post-secondary education program that is equivalent to part-time enrollment may be accepted if agreed to by the Department and the young adult.

003.03(B) EMPLOYMENT. To be eligible under the employment category, the young adult must be employed for at least eighty hours per month. The employment requirement may be satisfied through one or more places of employment, so long as the young adult meets the minimum of eighty hours per month.

003.03(C) BARRIERS PROGRAMS. To be eligible under this category, the following must be met:

003.03(C)(i) PARTICIPATE IN PROGRAM. A young adult must be participating in programs or activities that improve, enhance, or teach job-related skills applicable to the workplace or careers. These types of programs and activities include:

(1) Activities and classroom instruction on career awareness, exploration, and preparation such as those provided through the local workforce centers; (2) Internships, job shadowing, on-the-job training positions and volunteer projects; (3) Supported employment; (4) Apprenticeship programs; (5) Programs such as Job Corps or other young adult initiatives that improve workplace knowledge and skills; (6) Enrollment in an education program less than part-time; (7) Job Search; or (8) Other programs or activities as agreed to by the Department and the young adult.

003.03(C)(ii) REQUIRED HOURS. A young adult must participate in a program or activity or a combination of programs or activities described in in this section for a minimum of 40 hours a month. Job search activities may account for no more than 20 hours of the 40 hours required each month.

003.03(D) INCAPABLE OF PARTICIPATION. To be eligible under this category, a young adult must be incapable of participating in the education, employment, or barriers program activities set forth in this chapter due to a medical condition.

003.03(E) TRANSITIONING BETWEEN ELIGIBILITY CATEGORIES. If a young adult is no longer engaged in one of the educational, employment, or work-related programs or activities necessary to meet eligibility requirements, the young adult may become eligible under a different category. The young adult must meet eligibility requirements within 30 days or the Department may terminate the young adult from the program.

003.04 HOUSING OR LIVING ARRANGEMENT REQUIREMENTS. In order to be eligible for the Bridge to Independence program, a young adult must agree to give the Department continued care and placement responsibility. Young adults participating in Bridge to Independence must reside in one of the following housing or living arrangements that have been approved by the Department:

(i) Licensed foster care facility, licensed group home, licensed child-caring agency, or residential child-caring agency; or (ii) A supervised independent living setting, which includes:

(1) Single or shared residence, such as an apartment or house; (2) Host home; (3) College dormitory or other post-secondary education housing; (4) Emergency shelter; (5) Parental home; (6) Transitional living program; (7) Military housing or residence; (8) Other supervised independent living setting approved by the Department; or (9) Institutions in which a young adult is living voluntarily, including:

(a) Licensed mental health treatment facility; (b) Licensed substance abuse treatment facility; or (c) Other Adult Treatment Facility.

003.04(A) SUPERVISED INDEPENDENT LIVING SETTING. A young adult residing in an approved supervised independent living setting must be supervised or monitored by a Department employee a minimum of once every calendar month.

003.04(B) CHANGES IN LIVING ARRANGEMENTS. The young adult must report changes in living arrangements to the assigned Independence Coordinator within 10 business days. To remain eligible for the Bridge to Independence program, the young adult’s new living arrangements must be approved by the Department.

003.05 VOLUNTARY SERVICES AND SUPPORT AGREEMENT. A young adult must sign a voluntary services and support agreement on a Department-approved form in order to participate in Bridge to Independence. The agreement is not final until it is signed by both the young adult and an authorized Department representative.

003.05(A) AGE AT TIME OF SIGNING. If a voluntary services and support agreement is initially signed when the young adult is under age 19, in order to continue participation in Bridge to Independence, the young adult must re-affirm the voluntary services and support agreement by re-signing it within 30 days after reaching age 19.

004. ELIGIBILITY CERTIFICATION AND VERIFICATION . To be eligible for the Bridge to Independence program, a young adult must provide the verification documents required by this section.

004.01 INITIAL VERIFICATION OF EDUCATIONAL OR EMPLOYMENT CONDITIONS. A young adult must provide the Department with verification that he or she meets the educational or employment conditions of eligibility by submitting written documentation as agreed to by the Department and young adult.

004.02 ON-GOING VERIFICATION OF ELIGIBILITY. The Department may request verification of a young adult’s eligibility at any time. The Department will issue all verification requests in writing to the address of the current living arrangement approved by the Department. A young adult’s eligibility will be subject to review at least once every six months.

004.02(A) ACCEPTABLE DOCUMENTATION FOR ELIGIBILITY REVIEWS. Upon receipt of an on-going verification request from the Department, the young adult must provide the Department with the type of documentation previously agreed upon between the young adult and the Department to determine eligibility. The young adult may provide different documentation than had been previously provided if the new documentation is agreed to by to by both the young adult and the Department.

004.02(B) DUTY TO RESPOND TO VERIFICATION REQUESTS. A young adult must provide verification of continued eligibility no later than 30 days after the written verification request is issued to the young adult. If the Department cannot verify if a young adult continues to meet the eligibility criteria, the Department may pursue termination from the program.

004.03 DUTY TO REPORT CHANGES. A young adult has a duty to report any changes that may affect eligibility. The report shall be made to the assigned Independence Coordinator within 10 business days of the change. Failure to timely report may affect eligibility.

005. CASE MANAGEMENT . Case Management services will be provided as outlined in Neb. Rev. Stat. § 43-4505.

005.01 EXCLUDED SERVICES. Case management does not include certain functions. The Department will not:

(A) Assume responsibility or liability for any losses or damages incurred by a young adult; (B) Sign releases of information or other forms requiring the young adult’s consent on behalf of a young adult; (C) Assume responsibility for any contracts entered into by a young adult; (D) Co-sign leases or contracts with a young adult; (E) Provide legal advice to a young adult; (F) Be responsible for any filing fees, court costs, attorney’s fees, and other costs associated with actions related to obtaining Special Immigrant Juvenile Status or residency status; (G) Be responsible for application fees, tuition costs, course fees, and other associated education costs; or (H) Pay any fines, restitution, or other penalties arising out of any court proceeding.

006. TERMINATION . A young adult may be terminated from the Bridge to Independence program as set forth in this chapter.

006.01 TERMINATION INITIATED BY THE DEPARTMENT. The Department may terminate a young adult from the Bridge to Independence program if any of the following occur:

(A) The young adult fails to meet any of the eligibility requirements; (B) The young adult is incarcerated or committed to or placed in a residential treatment facility by a court; (C) The young adult fails to make contact with or respond to contact from the Independence Coordinator for at least 30 calendar days; (D) The young adult cannot be located for at least 30 calendar days; or (E) The young adult moves outside of Nebraska and does not meet the definition of Nebraska resident.

007. RIGHT TO APPEAL .

007.01 TIME FRAME. Young adults have the right to appeal as allowed by law. The young adult must file a written request to appeal with the Department within 30 days of the date of the Notice of Action which is being appealed. If a timely appeal request is received by the Department, no change in the young adult’s enrollment in the Bridge to Independence program will occur while the appeal is pending.

007.02 APPEAL PROCESS. All administrative appeal hearings will be held in accordance with the Administrative Procedure Act.

History

Effective 2024-06-02

Neb. Admin. Code tit. 395 — Children and Family Services: Protection and Safety

Chapter 2 Disclosure of Information

Neb. Admin. Code tit. 395, ch. 2 Disclosure of Information {#sec-395-nac-2 omnilex-key=us-ne-regs-official--title-395--395 NAC 2}

Chapter 3 Foster Care Licensure and Approval, Placement, and Home Studies

Neb. Admin. Code tit. 395, ch. 3 Foster Care Licensure and Approval, Placement, and Home Studies {#sec-395-nac-3 omnilex-key=us-ne-regs-official--title-395--395 NAC 3}

Chapter 4 Initial Assessment, Case Management, and Permanency

Neb. Admin. Code tit. 395, ch. 4 Initial Assessment, Case Management, and Permanency {#sec-395-nac-4 omnilex-key=us-ne-regs-official--title-395--395 NAC 4}

Chapter 5 Indian Child Welfare Act

Neb. Admin. Code tit. 395, ch. 5 Indian Child Welfare Act {#sec-395-nac-5 omnilex-key=us-ne-regs-official--title-395--395 NAC 5}

Chapter 6 Assessment of Abuse and Neglect Reports

Neb. Admin. Code tit. 395, ch. 6 Assessment of Abuse and Neglect Reports {#sec-395-nac-6 omnilex-key=us-ne-regs-official--title-395--395 NAC 6}

Chapter 7 State Ward Education Fund

Neb. Admin. Code tit. 395, ch. 7 State Ward Education Fund {#sec-395-nac-7 omnilex-key=us-ne-regs-official--title-395--395 NAC 7}

Chapter 9 Alternative Response

Neb. Admin. Code tit. 395, ch. 9 Alternative Response {#sec-395-nac-9 omnilex-key=us-ne-regs-official--title-395--395 NAC 9}

Chapter 10 Young Adult Voluntary Services and Support Bridge to Independence

Neb. Admin. Code tit. 395, ch. 10 Young Adult Voluntary Services and Support Bridge to Independence {#sec-395-nac-10 omnilex-key=us-ne-regs-official--title-395--395 NAC 10}

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