2013 Nebraska Revised Statutes
Chapter 43 - INFANTS AND JUVENILES
43-4508 - Department; filing with juvenile court; contents; jurisdiction of court; extended services and support file; hearing for permanency review; appointment of hearing officer.

43-4508. Department; filing with juvenile court; contents; jurisdiction of court; extended services and support file; hearing for permanency review; appointment of hearing officer.

(1) Within forty-five days after the voluntary services and support agreement is signed, the department shall file with the juvenile court a written report or petition describing the young adult's current situation, including the young adult's name, date of birth, and current address and the reasons why it is in the young adult's best interests to receive extended services and support. The department shall also provide the juvenile court with a copy of the signed voluntary services and support agreement, a copy of the case plan, and any other information the department or the young adult wants the court to consider.

(2) To ensure continuity of care and eligibility, the voluntary services and support agreement should be signed prior to and filed with the court at the last court hearing before the young adult is discharged from foster care for all young adults who choose to participate in the extended services program at that time.

(3) The court has the jurisdiction to review the voluntary services and support agreement signed by the department and the young adult under section 43-4506. Upon the filing of a report or petition under subsection (1) of this section, the court shall open an extended services and support file for the young adult for the purpose of determining whether continuing in extended services and support is in the young adult's best interests and for the purpose of conducting permanency reviews as described in subsection (5) of this section.

(4) The court shall make the best interests determination as described in subsection (3) of this section not later than one hundred eighty days after the young adult and the department enter into the voluntary services and support agreement.

(5) The court shall conduct a hearing for permanency review consistent with 42 U.S.C. 675(5)(C) as described in subsection (6) of this section regarding the voluntary services and support agreement at least once per year and at additional times at the request of the young adult, the department, or any other party to the proceeding. The juvenile court may request the appointment of a hearing officer pursuant to section 24-230 to conduct permanency review hearings. The department is not required to have legal counsel present at such hearings.

(6) The primary purpose of the permanency review is to ensure that the young adult is getting the needed services and support to help the young adult move toward permanency and self-sufficiency. This shall include the procedural safeguards described in 42 U.S.C. 675(5)(C), including that, in all permanency reviews or hearings regarding the transition of the young adult from foster care to independent living, the court shall consult, in an age-appropriate manner, with the young adult regarding the proposed permanency or transition plan for the young adult and any other procedural safeguards that apply to children under nineteen years of age under existing state law. The young adult shall have a clear self-advocacy role in the permanency review in accordance with section 43-4510, and the hearing shall support the active engagement of the young adult in key decisions. Permanency reviews shall be conducted in an informal manner and, whenever possible, outside of the courtroom.

Source

Laws 2013, LB216, § 8.
Effective Date: June 5, 2013