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Neb.
Admin. Code 7-004
NEBRASKA
ADMINISTRATIVE CODE
HEALTH
AND HUMAN SERVICES SYSTEM
TITLE
390: CHILD WELFARE
CHAPTER
7: OUT-OF-HOME PLACEMENT
7-004 TYPES
OF PLACEMENT
7-004.01A DETERMINATION
OF PLACEMENT TYPE
The least restrictive
placement setting will always be considered first when selecting a placement.
Placement selection is further based on the child's:
- needs,
- behaviors,
- risks,
- age,
- placement history,
and
- permanency goal.
NOTE: For Native American
Children see "Special Considerations for Native American Children"
(7-004.07).
The Department will consider
placement for non-medical reasons of a child based upon the following
order:
- Non-custodial parent;
- Approved relative [FN*];
- Approved home, known
to child [FN*];
- Licensed foster home;
- Approved home, not known to child [FN*];
- Agency-based foster
care; and
- Group home or child-caring
agency.
(See 7-004.04, Restrictive
Settings for Access to Psychiatric Settings and YRTCs.)
Note: If an approval
study indicates placement is appropriate, children from two or more families
who are related to the caregiver can be placed without the caregiver's
being licensed to provide foster care.
Placement decisions are
based upon the needs of the child, ability of the placement to meet the
needs of the child, and the availability of placement resources.
7-004.01B PLACEMENT LEVELS
FOR JUVENILE OFFENDERS
There are three levels
of placement ("levels of treatment") for juvenile offenders
identified by the Department:
* Home (least restrictive):
child is placed in the
home of a parent or legal guardian
* Out-Of-Home Placement
in the Community:
child may be placed by
the Department with a relative home, foster family home, Agency Based
Foster Care, Group home, emergency shelter center or home, residential
treatment center, treatment group home, or in-patient treatment setting;
or
* Self-contained staff-secure
residential facility (most restrictive):
Child is placed by the
Department in a Youth Rehabilitation Treatment Center (YRTC) or similar
setting identified by the Department.
Pursuant to Section 43-408(2),
the committing court will order the initial level of placement ("level
of treatment") when a juvenile offender is commited to the Department
(Office of Juvenile Services), specifically one of three levels set out
above. The Department will then designate a suitable placement based
upon the level specified in the court order.
See 390 NAC 8-001.10 for
court process.
7-004.02 APPROVAL OF
UNLICENSED HOMES (NON-EMERGENCY SITUATIONS)
Children may be placed
in the home of a relative or friend known to the child before placement,
if the home is approved or licensed. The best interest of the child will
be considered. In the case of any placement of a child into a unlicensed
home of someone known to the child, an approval study will be conducted
before the placement.
To assure a home can meet
a child's needs and is appropriate for placement of the child, the following
will be completed before a placement of a child into an approved home
in a non-emergency:
a. A visit to the home
to assure adequate housing;
b. All adult household
members will be met and their child care practices reviewed;
c. Adult and Child Central Registry and law enforcement records will be
checked for all adults and teens in the home to screen for history of
child abuse and neglect or assaultive behavior history; and
d. References will be
secured and checked from at least three credible, non-relative sources
who can provide reliable information as to the person's ability to provide
care to the child. (References can be obtained either orally or in writing.)
The worker will assess
the above information and decide whether the placement meets the child's
need. If the worker decides the placement meets the child's needs based
on this process, the home becomes an approved home. The worker will document
all contacts, conversations and findings in the child's case file.
7-004.03 APPROVAL OF
UNLICENSED HOMES (EMERGENCIES)
In case of an emergency
placement in an unlicensed foster care home the following will be completed
before placement of a child.
a. Visit the home to
assure adequate housing prior to or at the time of placement or the next
working day if law enforcement makes the placement choice;
and
b. Check Adult and Child
Central Registry and law enforcement records, orally or in writing, before
the placement for all adults and teens in the home to screen for history
of child abuse and neglect or assaultive behavior; and
c. Complete the Approval
Process of Unlicensed Homes in Non-emergency Situations in no less than
30 days. (See Out-of-Home Care Guidebook for Approval Study Format.)
NOTE: In an emergency,
law enforcement has the discretion to place the child in any setting without
the immediate involvement of Department staff.
7-004.04 RESTRICTIVE
SETTINGS
Youth in the custody of
HHS-OJS adjudicated as a juvenile offender may be held at a locked detention
center on a temporary basis.
7-004.04A YOUTH REHABILITATION
AND TREATMENT CENTERS
The YRTC can only be used
by HHS staff when one of the following conditions are met:
- The youth is between
12 and 18 years of age. (Commitment may occur after age 18 if offense
occurred before the youth's 18th birthday,), and
- The youth is adjudicated
as a juvenile offender and committed to the custody of HHS-OJS, or
- The youth is referred
by court order for a residential evaluation at a YRTC, or
- The youth who is a
ward of HHS-OJS is detained for safe-keeping before the hearing process
for juvenile offenders, or
- The youth who is a
ward of HHS-OJS has his/her condition of liberty (parole) revoked.
The court may order a
youth to the YRTC under the following conditions:
- For youth with adjudication
of delinquency evaluation between ages of 12 to 18 years of age,
- For safekeeping pending further action.
Youth who are adjudicated
as status offenders or abused, neglected or dependent will not be placed
at YRTC facilities for "safekeeping."
7-004.04B JAILS AND LOCKED
DETENTION CENTERS
Under Nebraska statute,
youth may be detained in a locked facility pending an adjudication only
through a law enforcement officer or by court order.
If law enforcement places
a Department ward in a locked facility, the worker will advocate for a
plan to best meet the child's needs. The court may order a youth to the
YRTC under the following conditions:
! For youth with adjudication
of delinquency evaluation between ages of 12 and 18 years of age,
! For safekeeping pending
further action.
Youth who are adjudicated
as status offenders or abused, neglected or dependent won't
be placed at YRTC facilities for "safekeeping".
Payment for County Detention
Centers and Jails
HHS-OJS will pay for the
detention of a youth in a county detention center or jail only in the
following conditions:
- a youth is picked up
by law enforcement because of a Apprehension and Temporary Detention request
by HHS-OJS; and
- if law enforcement
picks up a juvenile offender on a new allegation of criminal behavior
and the HHS-OJS Juvenile Services Officer consents to the detention or
requests such detention.
If a juvenile offender
is arrested for committing a new crime, law enforcement is responsible
for deciding whether to detain the youth. If law enforcement chooses to
detain the youth, the law enforcement agency is responsible for payment.
Based on the Nebraska
Court of Appeals decision in the David C. case, juvenile courts cannot
order a juvenile offender in the custody of HHS-OJS into a detention
facility over the objections of HHS-OJS.
7-004.04C OUT-OF-STATE
PLACEMENTS
The worker in consultation
with supervisory staff will consider an out-of-state placement when:
- There is not an appropriate
placement available in Nebraska to meet the child's identified needs and
there is one identified in another state; or
- The closest appropriate
resource is out of state and the family will be involved in the child's
treatment.
An Interstate Compact
for the Placement of Children or Interstate Compact for Juvenile must
be followed before placement is made. (See 10-000, Interstate Compact
for details.)
7-004.04D INPATIENT PSYCHIATRIC
HOSPITALIZATIONS
Inpatient psychiatric
hospitalizations will be used only for psychiatric treatment, care and
observation when out-patient psychiatric services will not meet
the needs of the child or are not available in the community. The decision
to hospitalize a child is made by a psychiatrist. If the child is seeing
a psychiatrist, the psychiatrist will be involved during the inpatient
admission process. The worker will consult with supervisory staff. The
Medical Services Regulations for inpatient service will be followed for
admission, payment and review of care and length of stay. (See Service
Provision Guidebook for procedure.)
7-004.05 FOSTER CARE
PAYMENTS
Foster care payments are
made for the care of children in foster family homes, private child care
institutions, or public child care institutions accommodating no more
than 25 children, which are licensed by the State in which they are situated
or have been approved by the agency in such State having responsibility
for licensing or approving foster family homes or child care institutions.
Federal reimbursement is not available for children who are in detention
facilities, forestry camps, training schools or any other facility operated
primarily for the detention of delinquent children. 7-004.05
Payment for the care of
a Department ward in a foster home without a contract with the Department
is based on the child's needs and behaviors. The payment rate
is determined by the use of the Foster Care Payment Determination Checklist
plus child care, respite care, transportation, and other needs based on
the guidelines as found in the Out-of-Home Placement Guidebook.
The foster care payment
includes all usual costs of maintaining a child including but not limited
to:
- Board and room;
- Personal needs, including
recreation and activities;
- School needs, including
school trips and graduation expenses;
- Transportation to meet
the child's needs;
- Clothing;
- Respite care for non-relative
approved providers;
- Child care; and
- Allowance.
7-004.06 SPECIAL PAYMENT
CIRCUMSTANCE
7-004.06A BEDHOLDING
A bedholding fee may be
authorized to a child's foster parent, group home or child caring agency
when there is a plan for the child to return to the placement and one
of the following circumstances applies:
1. The child is on extended,
planned stay away from the foster care placement that has been pre-authorized
by the child's worker; or
2. The child has run
away and the holding of a bed has been authorized by the child's worker.
NOTE: Bedholding will
not be authorized when the child's stay away from the foster care facility
is a result of the foster care provider's plans.
When there is an existing
contract with a foster care home or facility, bedholding may be authorized
according to the contract.
7-004.06A1 FOR BEDHOLDING UP TO THIRTY DAYS:
The worker may authorize
a bedholding fee equal to the per diem cost of care or current payment
level for up to 15 days when the above circumstances exist.
If a child's situation
as described above continues after 15 days, the worker may authorize a
bedholding fee for up to 30 days. The worker will negotiate a lower rate
of care based on the cost to the foster care provider and her/his level
of involvement in the child's situation (for example, visits to child,
transportation and other costs, participation in treatment, attempts to
locate runaway child).
7-004.06A2 FOR BEDHOLDING
LONGER THAN THIRTY DAYS:
Bedholding in foster care
homes, group homes or child caring facilities beyond 30 days may be authorized
only for hospitalization or inpatient psychiatric care when there is a
plan for the child to return to the provider in the near future.
The worker will consult
with supervisory staff or a team to determine whether to
continue a bedhold and, if so, the rate of payment and length of time.
The rate of payment will be based on the costs of the foster care provider
and that person's involvement.
NOTE: Caution should be
used in extending a bedhold beyond 30 days because beds are being used
for one child. The limited resources and the needs of other children in
the state should be considered. The best interest of the child should
be considered but weighed against the needs of other children needing
placement.
7-004.07 SPECIAL CONSIDERATIONS
FOR NATIVE AMERICAN CHILDREN
This only applies to children
adjudicated as 43-247 Subdivision 3 or 8.
Before any change in placement
of a Native American child, the Department will notify the child's parents
or former Indian custodian and the tribal court.
For Native American children,
placement will be based upon the following order of preference:
1. Members of the child's
extended family specified by the tribe or approved by
the Department; then
2. Foster homes licensed,
approved or specified by the child's tribe; then
3. A Native American
foster home licensed by a non-Indian authorized licensing authority; and
finally
4. A child caring agency,
institution, or group home for children approved by an Indian tribe or
operated by a Native American organization and with a program suitable
to meet the child's needs.
If all of the above are
unavailable, refer to 390 NAC 7-004, Types of Placement.
The Department may depart
from the established order of placement for a Native American child based
upon one or more of the following:
1. The request of biological
parents or of the child (if the child is age 12 or older) for a specific
placement;
2. Extraordinary physical,
medical, cultural, educational, or emotional needs of
the child, as established through the written report or testimony of a
person with the following qualifications:
a. A member of the child's
tribe who is recognized by the tribal community as knowledgeable in tribal
customs as they pertain to family organizations and child-rearing practices;
or
b. A lay person having
substantial expertise in delivery of children's and family services to
Native Americans, and extensive knowledge of the prevailing social and
cultural standards and child-rearing practices within the child's tribe.
3. The unavailability
of suitable families for placement after a diligent search completed for
families, including at minimum but not limited to:
a. Contacting the child's
tribal social service program;
b. Searching of list
of all licensed foster homes in the state; and
c. Contacting nationally
known Native American programs known to have available placement resources.
In
order to use good cause to depart from the placement preference, the Department
will fully document the justification in the child's case record.
AUTHORITY
AND SOURCE
Statutory Reference:
Indian Child Welfare Act of 1978, 25 U.S. Code, Title XXV, Section 1901.
Neb. Rev. Stat. 43-101.
[FN*].
See "Approval of Unlicensed Home" and "Approval of Emergency
Placements in Unlicensed Relative Homes".
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