2018 Legislation related to CIP goals - Nebraska Supreme Court

Nebraska Court Improvement Project 2018 Legislative Overview Mary Ann Harvey Project Specialist - Nebraska Court Improvement Project Matt Lewis Project Specialist - Nebraska Court Improvement Project Judge Lawrence Gendler Separate Juvenile Court of Sarpy County Lori Harder, Deputy Director, Division of Children and Family Services, DHHS Jeanne Brandner Deputy Administrator, Office of Probation Administration Sarah Helvey JD, Program Director / Staff Attorney Child Welfare Program, Nebraska Appleseed Juliet Summers JD, Policy Coordinator, Voices for Children in Nebraska 2018 Legislation related to CIP goals SUBJECT AREA Juvenile Justice Juvenile Justice BILL/RESOLUTION (INTRODUCER) LB670 (Krist) LB673 (Krist) Clean up LB8 Appropriations LB677 (Krist) Juvenile Justice LB678 (Krist) Juvenile Justice DESCRIPTION STATUS Change membership, powers, and duties of the Nebraska Coalition for Juvenile Justice Judiciary Committee hearing

on 1/24/2018 Strikes language pertaining to the preliminary hearings for juveniles that requires the hearing "be held before an Judiciary Committee hearing impartial person other than his probation officer or any person on 1/24/2018 directly involved with the case" Seeks to restore HHS services programs to levels approved by Referred to Appropriations the Unicameral prior to 2017 veto Committee Allows any person who had his case dismissed prior to 1/1/2017 to petition a court to seal their record. Judiciary Committee hearing on 1/18/2018 LB689 (Blood) Exclude juveniles from the Sex Offender Registration Act Judiciary Committee hearing on 1/24/2018 Juvenile Justice LB697 (Ebke) Changes the Judicial District boundaries for Districts 1, 2, and 10. Judiciary Committee hearing on 1/19/2018 Services LB701 (Kolterman) Defines telehealth and provides permissive language for its use. HHS Committee hearing on 1/26/2018 Child Support LB702 (Kolterman) Change provisions relating to children's health care coverage and Nebraska IV-D child support program modification

HHS Committee Hearing on procedures 1/26/2018 Child Welfare LB708 (Bolz) Clean Up Eliminates filing fees for transfer due to bridge order, clarifies Judiciary Committee hearing jurisdictional allowances for domestic child custody orders, on 1/24/2018 method for obtaining foreign child custody decrees. 2018 Legislation related to CIP goals BILL/RESOLUTION DESCRIPTION (INTRODUCER) LB714 Provides a procedure and factors to consider for judicial Child Welfare (Howard) emancipation of a minor, which can be voided. Children's LB732 Change a reporting date relating to the Nebraska Children's Commission (Riepe) Commission LB774 Eliminates obsolete language from changes to juvenile code and Juvenile Justice (Pansing Brooks) changes the parameters of juvenile/LEO interactions Clean Up LB781 Eliminates mandatory terms for persons convicted of Class IC of Juvenile Justice (Pansing Brooks) Class ID felonies when under the age of 19 LB801 Adopts the Panhandle Beginnings Act to provide a collaborative, Services (Stinner) therapeutic facility in the Panhandle for school age youth. Change provisions of State Tort Claims Act relating to certain LB810 Child Welfare claims arising out of misrepresentation or deceit by the (Harr) Department of Health and Human Services Provides for jurisdiction to make factual findings under the Uniform Child Custody Jurisdiction and Enforcement Act as to

LB826 Child Welfare abuse, abandonment, neglect of a child; non-viability of (Vargas) reunification with a parent; and whether it is in the best interests of the child to be removed from the US. LB836 Provide for minors' consent to certain mental health services as Services (Howard) prescribed SUBJECT AREA STATUS Judiciary Committee hearing on 1/24/2018 HHS Committee hearing on 1/26/2018 Judiciary Committee hearing on 1/24/2018 Judiciary Committee hearing on 1/24/2018 Referred to Education Committee Judiciary Committee hearing on 1/25/2018 Judiciary Committee hearing on 2/2/2018 Referred to Judiciary Committee 2018 Legislation related to CIP goals SUBJECT AREA Medicaid Foster Care Review Office Child Welfare Child Welfare Juvenile Justice Juliet Juvenile Justice Juliet Juvenile Justice BILL/RESOLUTION (INTRODUCER) LB837 (Howard) LB840 (Riepe)

DESCRIPTION STATUS Require applications for Medicaid waivers be submitted to Executive Board hearing on the Health and Human Services Committee of the Legislature 1/25/2018 Change reporting requirements for the Foster Care Review Office HHS Hearing on 1/19/2018 Disability shall not serve as basis for denial of custody when Judiciary Committee Hearing it is otherwise in childs best interests to be with a parent; on must provide supportive parenting services. 2/2/2018 Adds grounds for termination of parental rights for children Judiciary Committee hearing LB863 under age 3 who have been out of home for 6 months or on (Howard) more. 2/2/2018 Allows record sealing in cases where the case originated in county of district criminal court before being transferred to LB869 juvenile court; allows for the juv. to petition court to seal Referred to Judiciary (Pansing Brooks) records in certain situations where this wasn't done Committee automatically; requires notice in juv. appropriate language the sealing procedure; and applies retroactivity to these additions Judiciary Committee hearing LB870 Provide for room confinement for juveniles as prescribed on (Pansing Brooks) 1/24/2018 LB875 Change sentencing provisions for crimes committed by Referred to Judiciary (Bolz) persons under the age of eighteen Committee LB845 (Briese) 2018 Legislation related to CIP goals SUBJECT AREA BILL/RESOLUTION

(INTRODUCER) Juvenile Justice Juliet LB870 (Pansing Brooks) DESCRIPTION Provide for room confinement for juveniles as prescribed Child Welfare LB879 (Ebke) Child Welfare LB888 (Wayne) Requires schools to post the child abuse and neglect toll-free telephone number Services LB922 (Vargas) Adopt the All Kids Health Care Program Act Trafficking Juvenile Justice Juvenile Justice Child Welfare Appropriations Provide for a parenting time summary report STATUS Judiciary Committee hearing on 1/24/2018 Judiciary Committee hearing on 2/2/2018 Education Committee hearing on 1/23/2018 Referred to HHS committee Changes provisions relating to penalties for certain sex crimes and crimes against children, including specific inclusion of labor

LB925 Referred to Judiciary or sex trafficking crimes and providing statutes of limitation for (Pansing Brooks) Committee the prosecution of the crimes referenced in 28-813.01 and 281463.05 LB927 Change provisions relating to juveniles' out-of-home placement, Referred to Judiciary (Howard) care, and custody Committee LB930 Prohibit use of juvenile's statements made as a result of custodial Referred to Judiciary (Hansen) interrogation Committee LB932 Judiciary Committee hearing Provide for minors' consent to certain mental health services as (Howard, Kuehn, on prescribed and Lindstrom) 2/1/2018 Appropriations Committee LB944 Provide, change, and eliminate provisions relating to hearing on (Scheer) appropriations and reduce appropriations 1/22/2018 2018 Legislation related to CIP goals BILL/RESOLUTION DESCRIPTION STATUS (INTRODUCER) LB979 Authorize physician assistants and nurse practitioners to render Child Welfare Referred to HHS committee (Crawford) expert opinions Change provisions relating to arraignment of juveniles and LB981 Referred to Judiciary Juvenile Justice authorize juvenile court jurisdiction to age twenty-one with (Baker) Committee consent of the juvenile and legal counsel LB982

Provide for persons eighteen years of age or older to consent to Referred to Judiciary Mental Health (Morfeld) certain behavioral health services Committee LB990 Create the offense of possession of a firearm by a prohibited Referred to Judiciary Juvenile Justice (Wayne) juvenile offender Committee Creates the Collaborative School Behavioral and Mental Health LB998 Program, providing each ESU with a social worker to train Referred to Education Services (Walz) personnel and work with families to coordinate services for Committee children. Change provisions relating to the Student Discipline Act. Specifically, redefining terms, capping the amount of time after a LB999 Referred to Education Juvenile Justice suspension before a written notice must be provided to the (Vargas) Committee student and parent/guardian detailing grounds for suspension, assignment availability, and credit transfer upon reinstatement. SUBJECT AREA 2018 Legislation related to CIP goals SUBJECT AREA Child Welfare Child Welfare Child Welfare Juvenile Justice BILL/RESOLUTION (INTRODUCER) LB1041 (Wishart) LB1044 (Krist) LB1046 (Bolz) LB1056 (Hansen)

Child Welfare LB1073 (Crawford) Oversight LB1078 (Crawford) LB1079 (Howard) Oversight DESCRIPTION Requires specific training on sexual abuse for foster care licensure. Requires DHHS to provide social services to preserve a family without regard to whether the department or law enforcement is investigating the allegation. Requires DHHS to maintain compliance with caseload requirements from 68-1207. If they are out of compliance for two consecutive quarters, creates a caseload emergency to be declared by the Governor. Within 90 days of declaration, DHHS must develop and implement a corrective action plan. State Board of Education must implement a statewide system for collection of data on school disciplinary measures and law enforcement referrals. Provides for additional foster care information including whether the kinship placement is licensed and whether the placement received a waiver. Requires reporting of sexual abuse allegations to the Office of Inspector General. Changes reporting requirements for Childrens Residential Facilities to include required investigations and reports issued. STATUS Introduced Introduced Introduced Introduced Introduced Introduced Introduced 2018 Legislation related to CIP goals SUBJECT AREA Courts Juvenile Justice

Oversight BILL/RESOLUTION (INTRODUCER) DESCRIPTION STATUS Allows for any person claiming to be a biological parent of a LB1086 (Wayne) child who is the subject of 43-247 to file to intervene in the case. Introduced The Court shall then order a DNA test. A youth shall not be placed at YRTC unless there is urgent and immediate need; a youth shall not be detained unless it is a matter of community safety or to ensure appearance at next hearing; LB1112 (Vargas) Introduced funds from community based aid may be used to convert a detention facility, or to create or lease a facility to be used as an alternative to detention. Creates a Child Welfare Death and Abuse Special Oversight Introduced LR288 Committee of the Legislature focusing on children in the care of Laid Over (Bolz) DHHS and will provide a report to the Legislature by December Speakers Announcements 15, 2018. Nebraska Court Improvement Project Contact Information: Deb VanDyke-Ries, MSW, CIP Director [email protected] 402-309-4422 Mary Ann Harvey, JD, CIP Project Specialist [email protected] 402-580-7783 Matt Lewis, JD, CIP Project Specialist [email protected] 402-314-9604 Hazel Delgado, CIP Data Analyst [email protected] 402-560-4403 [email protected] | CIP.Nebraska.gov