Legislation 2012

LB 774 (Howard) – Change and add reporting requirements relating to child welfare

Hearing Date Jan. 18

Requires DHHS to report on Dec. 15 of 2012, 2013, and 2014 to the Governor, the Legislature, and the Chief Justice on progress made toward recommendations contained within the LR 37 Report.  Requires some reports already required in statute to be provided to the HHS Committee in 2012, 2013, and 2014.

LB 820 (Health & Human Services Committee) – Require DHHS to apply for Title IV-E Waiver

Hearing Date Jan. 20

By January 2013, the department would apply for a federal Title IV-E waiver for a demonstration project that permits foster care maintenance payments to be made under Title IV-E of the federal Social Security Act, as amended, to invest in services to improve child safety and family stability as they move from foster care to safe permanent homes.  The funding incentives in the IV-E demonstration waiver is in line with program goals and good practices by providing an alternative to expensive out-of-home care for in-home and reunification services.

LB 957 (Health & Human Services Committee) – Create the Position of Inspector General forChildren’s Services

Hearing Date Jan. 26

The position would be within the Public Counsel’s Office (Ombudsman), which would appoint the Inspector General for Children’s Services for a term of 5 years with approval of the Chair of the Executive Board and the Chair of the HHS Committee.  The position would investigate (1) allegations of misconduct, misfeasance, malfeasance, or violations of statutes or rules and regulations by an employee of DHHS, a private agency, a licensed child care facility, a foster parent, or any other provider of child welfare services; (2) death or serious injury in foster homes, private agencies, child care facilities and programs, and other programs and facilities licensed by DHHS; (3) death or serious injury the any case in which services are provided by DHHS to a child or his or her parents; or (4) any case open for one year or less involving an investigation under the Child Protection Act.

The bill sets out how complaints may be made; provides for confidentiality of records; and requires reports to the Legislature and Governor.

LB 961 (Health & Human Services Committee) – Return case management to the state; address caseloadand worker compensation; require case plans for non-court involvedcases.

Hearing Date Jan. 26

States legislative findings about the state’s responsibility for children in its custody; the substantial cost to the state in privatizing case management, the unsustainability of the financial costs of private case management; and the importance of training for case managers and caseworkers.

Returns case management to DHHS on Sept. 1, 2012.

Requires DHHS to develop case plans with specified services and actions for non-court and voluntary cases of children being placed in state custody.

Requires the Children’s Commission to include in its strategic plan a review of workload and compensation; requires average caseload per caseworker to be reduced by 10% annually until caseload is within standards established by the Child Welfare League of America.

Reconfigures Central, Western, and Northern Service areas so that no judicial district is included in more than one service area.

Provides that DHHS shall not extend contracts for services after existing contracts terminate.

Provides that lead agencies shall not be reinstated in the Central, Western, and Northern Service areas.

Carries the emergency clause.

LB 821 (Health & Human Services Committee) – Create the Nebraska Children’s Commission; provide for2013 creation of the Department of Children’s Services

Hearing Date Feb. 1

Create the Nebraska Children’s Commission. The commission shall provide a permanent forum for collaboration among state, local, community, public and private stakeholders in child welfare.  It will consist of three branches of government and stakeholders.  The commission will create a statewide strategic plan for child welfare and service reform in Nebraska.

Require the HHS Committee, in cooperation with DHHS and the Nebraska Children’s Commission, to prepare legislation for introduction in January 2013 to create the Nebraska Department of Children’s Services.  The department would be responsible for all child welfare service programs which are the responsibility of the state, including, but not limited to, child welfare, behavioral health, developmental disabilities, public health, and Medicaid as such programs apply to children. The department would also assume responsibility for duties currently assigned to the Office of Juvenile Services and the Division of Children and Family Services of the Department of Health and Human Services.

LB 926 (Dubas) – Provide for aminimum base rate for foster care compensation

Hearing Date Feb. 2

States legislative findings about foster parent importance; challenges faced in serving as a foster parent; analysis of food, clothing, shelter, daily supervision, school supplies, personal incidentals, insurance, and travel costs; and the results of the 2007 Foster Care Minimum Adequate Rates for Children (“Foster Care MARC”).

Provides that on July 1, 2012, Nebraska’s standard minimum base rate for foster care payments shall be the state’s rate calculated in the Foster Care MARC, adjusted for inflation and the foster family’s location within the state, with additional compensation for children with special needs or special circumstances, for travel expenses, and for age-appropriate clothing.

Carries the emergency clause.

LB 949 (Performance Audit Committee)– Performance-based budgeting for the Division of Children andFamily Services.

Hearing Date Feb. 8

For the state agency budget request process in 2012 and 2014, LB 949 requires DHHS to include a strategic plan for the Children and Family Services division in its request.  The plan is to describe the main purpose or purposes of each program within the division and provide performance measures, benchmarks and time-frames for meeting them.  The same information would be reported to the Legislature’s HHS & Appropriations committees in the off-years (2013 & 2015).

In addition, starting with October 2012, DHHS is required to report quarterly to the HHS & Appropriations committees on any movement of more than $250,000 for child welfare from other subprograms of budget program 347.

Finally, LB 949 states the Legislature’s intent to establish child welfare as a separate budget program so it is no longer a part of budget program 347.

LB 949 (Performance Audit Committee)– Performance-based budgeting for the Division of Children andFamily Services.

Hearing Date Feb. 8

For the state agency budget request process in 2012 and 2014, LB 949 requires DHHS to include a strategic plan for the Children and Family Services division in its request.  The plan is to describe the main purpose or purposes of each program within the division and provide performance measures, benchmarks and time-frames for meeting them.  The same information would be reported to the Legislature’s HHS & Appropriations committees in the off-years (2013 & 2015).

In addition, starting with October 2012, DHHS is required to report quarterly to the HHS & Appropriations committees on any movement of more than $250,000 for child welfare from other subprograms of budget program 347.

Finally, LB 949 states the Legislature’s intent to establish child welfare as a separate budget program so it is no longer a part of budget program 347.