reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 4 - INITIAL ASSESSMENT, CASE MANAGEMENT, AND PERMANENCY › Section 395-4-003 - PERMANENCY FOR CHILDREN

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 5 - INDIAN CHILD WELFARE ACT › Section 395-5-001 - DEFINITIONS

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 5 - INDIAN CHILD WELFARE ACT › Section 395-5-002 - CASE REVIEWS

Current through June 17, 2024
002.01 The
				Department will review Indian Child Welfare Act (ICWA) cases in the same manner
				as non-Indian Child Welfare Act (ICWA) cases utilizing the same time frames and
				sample size and will monitor the cases for compliance with the Indian Child
				Welfare Act (ICWA).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 6 - ASSESSMENT OF ABUSE AND NEGLECT REPORTS › Section 395-6-001 - AUTHORITY

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 6 - ASSESSMENT OF ABUSE AND NEGLECT REPORTS › Section 395-6-002 - HOTLINE

Current through June 17, 2024
The Department will provide a means for the public to report
				  child abuse and neglect as required by Neb. Rev. Stat. §
									28-711.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 6 - ASSESSMENT OF ABUSE AND NEGLECT REPORTS › Section 395-6-003 - SCREENING OF REPORTS

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 6 - ASSESSMENT OF ABUSE AND NEGLECT REPORTS › Section 395-6-004 - CATEGORIZING REPORTS

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 6 - ASSESSMENT OF ABUSE AND NEGLECT REPORTS › Section 395-6-005 - INITIAL ASSESSMENT

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 6 - ASSESSMENT OF ABUSE AND NEGLECT REPORTS › Section 395-6-006 - IDENTIFICATION OF TRAFFICKING VICTIMS

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 6 - ASSESSMENT OF ABUSE AND NEGLECT REPORTS › Section 395-6-007 - CRITERIA FOR OPENING AN ONGOING CASE

Current through June 17, 2024
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
(C) The family's willingness to voluntarily
				engage in child welfare services.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 6 - ASSESSMENT OF ABUSE AND NEGLECT REPORTS › Section 395-6-008 - NON-COURT-INVOLVED CASE

Current through June 17, 2024
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;
(C) The
				Department agrees, in advance, to provide reimbursement for the costs of
				services for the child; and
(D) The
				caregiver provides the Department with documentation to verify proof of payment
				for the child's services.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 7 - STATE WARD EDUCATION FUND › Section 395-7-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
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).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 7 - STATE WARD EDUCATION FUND › Section 395-7-002 - DEFINITIONS

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 7 - STATE WARD EDUCATION FUND › Section 395-7-003 - REIMBURSEMENT

Current through June 17, 2024
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 EDUCATION 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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 7 - STATE WARD EDUCATION FUND › Section 395-7-004 - REIMBURSEMENT RATE

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 7 - STATE WARD EDUCATION FUND › Section 395-7-005 - APPEAL

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 9 - ALTERNATIVE RESPONSE › Section 395-9-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 9 - ALTERNATIVE RESPONSE › Section 395-9-002 - DEFINITIONS

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 9 - ALTERNATIVE RESPONSE › Section 395-9-003 - RESPONSE ASSIGNMENT PROCESS

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 9 - ALTERNATIVE RESPONSE › Section 395-9-004 - ALTERNATIVE RESPONSE SERVICES AND INTERVENTIONS

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 9 - ALTERNATIVE RESPONSE › Section 395-9-005 - NOTICE AND APPEAL

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 9 - ALTERNATIVE RESPONSE › Section 395-9-006 - TERMINATION OF PARTICIPATION

Current through June 17, 2024
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
(C) Closure of Alternative
				Response.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 10 - YOUNG ADULT VOLUNTARY SERVICES AND SUPPORT BRIDGE TO INDEPENDENCE › Section 395-10-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 10 - YOUNG ADULT VOLUNTARY SERVICES AND SUPPORT BRIDGE TO INDEPENDENCE › Section 395-10-002 - DEFINITIONS

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 10 - YOUNG ADULT VOLUNTARY SERVICES AND SUPPORT BRIDGE TO INDEPENDENCE › Section 395-10-004 - ELIGIBILITY CERTIFICATION AND VERIFICATION

Current through June 17, 2024
To be eligible for the Bridge to Independence program, a
				  young adult must provide the verification documents required by this
				  section.
00.01
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.
00.02
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 10 - YOUNG ADULT VOLUNTARY SERVICES AND SUPPORT BRIDGE TO INDEPENDENCE › Section 395-10-005 - CASE MANAGEMENT

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 10 - YOUNG ADULT VOLUNTARY SERVICES AND SUPPORT BRIDGE TO INDEPENDENCE › Section 395-10-006 - TERMINATION

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 10 - YOUNG ADULT VOLUNTARY SERVICES AND SUPPORT BRIDGE TO INDEPENDENCE › Section 395-10-007 - RIGHT TO APPEAL

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations are the rules of membership for the
				  Nebraska Veterans' Home System. The regulations are authorized by
Neb. Rev. Stat.
§§ 80314 to
				  80-331.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-002 - DEFINITIONS

Current through June 17, 2024
Administrator
means the licensed,
				  full-time Administrator of a Veterans' Home.
Applicant
means the veteran or
				  other qualified individual who is seeking admission to the Home.
Asset
means all real property and
				  personal property, both tangible and intangible, owned by the applicant/member
				  and his or her spouse.
Board
means the Board of Inquiry
				  and Review.
Department
means the Nebraska
				  Department of Health and Human Services.
Dependent child
means a child less
				  than 19 years of age who still lives in the member's home or a child less than
				  24 years of age who is a full-time student pursuing an accredited course of
				  secondary or post-secondary education. Child includes court-ordered
				  dependents.
Home
means one of the Homes in the
				  State Veterans' Home System.
Income
means gain or recurrent
				  benefit received in money or in-kind from any source including, without
				  limitation:
1. Alimony
2. Distribution from a pension, individual retirement
				  account, annuity, trust, or structured settlement
3. Dividends
4. Insurance
5. Interest
6. Land contract income
7. Military retirement disability benefits
8. Military service benefits
9. Nursing home insurance
10. Railroad retirement benefits
11. Rental property income
12. Royalties
13. Social Security benefits
14. Spouse employment income
15. VA compensation
16. VA non-service connected disability
17. VA pension
18. Workers compensation
Legal representative
means an
				  applicant's or member's attorney, attorney-in-fact (person holding a written
				  power of attorney), court ordered guardian or conservator, trustee (of a
				  properly executed trust) and such other person legally designated or legally
				  appointed to represent the applicant or member.
Member
means a person residing in a
				  Home.
Secretary
means the Director of the
				  Nebraska Department of Veterans' Affairs in his/her capacity as Secretary to
				  the Board of Inquiry and Review.
USDVA
means the United States
				  Department of Veterans Affairs.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-003 - ADMISSION AND MEMBERSHIP REQUIREMENTS

Current through June 17, 2024
An applicant or person seeking admission on behalf of
				  another person must submit an application in proper form.
003.01 Written Consent
Written consents for release of medical information and
				  release of financial information sufficient to enable a Home to obtain current
				  information from time to time respecting the member or his/her spouse or
				  dependent child(ren) must be furnished to the Home by the member or his/her
				  spouse or dependent child(ren) and/or legal representative.
003.02 Spouse or Dependent Child
A member's spouse or dependent child who seeks support must
				  provide the Home and the Secretary with a signed Financial Statement in proper
				  form including a list of all income, expenses as allowed by the Board, and
				  assets.
003.03 Provision of
				Information
A spouse, other relative, legal representative or other
				  fiduciary of a member has the same duties to the Department as the member with
				  respect to provision of information respecting the member's financial affairs
				  as requested.
003.04 Failure
				to Furnish Information
Failure to provide accurate and complete information on the
				  application to the Home may result in denial of the application and/or
				  subsequent discharge from the Home.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-004 - ADMISSION PRIORITY

Current through June 17, 2024
Eligible applicants will be admitted in the order of their
				  application for the type of care needed for the applicant, with veterans given
				  preference over non-veterans.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-005 - APPLICATION APPROVAL

Current through June 17, 2024
The decision to approve an application for admission to the
				  Veterans' Home System is made by the Board. The Board will make the final
				  decision on interim approvals at its next meeting.
005.01 Denial
If for any reason the Board does not approve an application,
				  the applicant, the County Veteran Service Officer of the county in which the
				  application originated, and the Department will be notified in writing of that
				  decision by the Secretary.
005.02 Notification
An applicant must be notified in writing by the Secretary of
				  the reasons for denial within ten business days of the
				  decision.
005.03 Appeal
The notice of decision of denial must state the reason(s)
				  for the denial and also provide the applicant with notification that review by
				  the Board may be requested.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-006 - INTERIM ADMISSIONS

Current through June 17, 2024
Subject to approval by the Board at its next meeting,
				  persons qualifying for admission to the Home may be admitted without first
				  having been approved by the Board provided the conditions prescribed by the
				  Board for such an interim admission are met.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-007 - PAYMENT OF MAINTENANCE CHARGES

Current through June 17, 2024
Maintenance charges are due and payable in advance each
				  month, on or before the last business day of the month, and are delinquent if
				  not paid when due.
007.01 Overdue
				Payment
When a member's monthly maintenance charge has not been paid
				  in full within 60 days of the due date, the member's account may be referred by
				  the Department for collection and the member may be
				  discharged.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-008 - BENEFITS

Current through June 17, 2024
A member must apply for all monetary benefits that would
				  increase the member's overall income and assets, whether the benefits are
				  state, federal, or private. Any increase as a result thereof must be applied to
				  maintenance charges. If there is a failure to apply for all such benefits, the
				  member may be discharged.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-009 - MAXIMUM MAINTENANCE CHARGE

Current through June 17, 2024
The Board will determine the Veterans' Home System's maximum
				  maintenance charge. The maximum maintenance charge is the standard monthly rate
				  for a member's care, support, maintenance, and treatment in a Home as
				  determined by the Board, in its discretion, considering:
1. Actual operating and treatment costs
				during the immediately preceding year;
2. The percentage of support being provided
				by USDVA; and
3. Other factors
				deemed relevant by the Department and the Board.
009.01 Notice
Any change in the maximum maintenance charge must be posted
				  in places in the Homes accessible to members at least 30 days before the
				  effective date of the rate change. If a member or his/her legal representative
				  has provided the Administrator of the member's Home a written designation of
				  the name and address of a person to receive notice on behalf of the member, the
				  Administrator must mail notice of the change in the maximum maintenance charge
				  to the designated person at least 30 days prior to the effective date of the
				  change.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-010 - MEMBER'S MAINTENANCE CHARGE

Current through June 17, 2024
Subject to review by the Board upon a timely appeal, the
				  Department will determine each member's individual monthly maintenance charge
				  based on his/her income and assets and applicable allowances and disregards as
				  prescribed by the Board. Each member is liable each month for the lesser
				  of:
1. The maximum maintenance charge;
				or
2. His/her individual monthly
				maintenance charge as determined by the Department considering the member's
				income and assets and Board-prescribed allowances and disregards as applicable.
010.01 Asset Level Method
A member will be charged the maximum maintenance charge if
				  his/her assets, after allowances established by the Board, equal or exceed in
				  value the maximum asset level prescribed by the Board.
010.02 Monthly Income Method
If the total value of a member's assets, after allowances
				  established by the Board, is less than the maximum asset level prescribed by
				  the Board, then the member's individual monthly maintenance charge will be the
				  lesser of:
1. The amount by which the
				member's income exceeds applicable Board prescribed allowances; or
2. The maximum maintenance charge.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-011 - TRANSFER OF ASSETS

Current through June 17, 2024
Transfer or assignment to another person or entity of an
				  interest in real property of a member, member's spouse or dependent child(ren)
				  for less than the county-assessed value, or of personal property of a member,
				  member's spouse or dependent child(ren) with a fair market value exceeding
				  $5,000 for less than fair market value, within two years before the member's
				  first application for admission to a Home, or thereafter, is cause for denial
				  of the application or discharge of the member.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-012 - VOLUNTARY DISCHARGE

Current through June 17, 2024
If a member voluntarily discharges without good cause on two
				  or more occasions, his/her application for readmission to a Home will be denied
				  for one year unless there are extenuating circumstances, subject to the
				  approval of the Board in all cases. Good cause and extenuating circumstances
				  are determined by the Board.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-013 - INVOLUNTARY DISCHARGE

Current through June 17, 2024
A member may be involuntarily discharged if a danger to self
				  or any other person or for other cause including, but not limited to,
				  commission of any of the following acts by a member or the member's spouse,
				  adult relative, legal representative or other fiduciary:
1. Submission of an application for admission
				which is inaccurate or incomplete;
2. Failure to pay the member's maintenance
				charge within 60 days of the due date;
3. Transfer or assignment of an interest in
				real property for less than county assessed value or of any personal property
				worth more than $5,000 for less than fair market value;
4. Deprivation of any income or asset of an
				applicant or member or his/her spouse or dependent child(ren) which, absent
				such deprivation, would be considered in determining the maintenance charge or
				which adversely affects payment of the maintenance charge;
5. Transfer, either before or after
				admission, of income of a member or his/her spouse or dependent child(ren) or
				any asset into a trust and failure of the trustee to timely disburse amounts
				from the trust sufficient to assure that the member's maintenance charge does
				not become delinquent;
6. Consent
				to a divorce decree which deprives the member of any income or asset which
				would, absent such decree, have been considered in determining the member's
				maintenance charge;
7. Failure to
				timely report an asset increase or income increase;
8. Failure to timely report an inheritance,
				legacy, back pay award, federal benefit or other change in assets which are
				available or deemed available to the member or his/her spouse or dependent
				child(ren);
9. Failure to transfer
				or assign to the Department an inheritance, back pay award, federal benefit or
				other asset within 60 days of receipt upon request by the Department;
10. Failure to apply for all monetary
				benefits for which a member may qualify which would increase the member's
				assets and income and result in an increase in his/her monthly maintenance
				charge; or
11. Failure to furnish
				in a timely fashion written consent to release of either medical or financial
				information upon request of the Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-014 - INVOLUNTARY DISCHARGE PROCEDURES

Current through June 17, 2024
014.01 Notice of Situation
The Administrator must notify the member and his/her legal
				  representative, if any, within 30 days of discovery of a situation that may
				  require discharge except in emergency situations. In non-emergency situations,
				  the member and his/her legal representative have 60 days after receipt of the
				  notice to correct the situation as required by the Department. No notice is
				  required for discharge due to an emergency.
014.02 Notice of Discharge
The Administrator may pursue discharge. The discharge notice
				  in a non-emergency situation must be in writing and state the grounds for
				  discharge. A copy of such notice will be sent to the Secretary of the Board of
				  Inquiry and Review. Such decisions may be appealed to the Board by filing a
				  written appeal with the Secretary. Any appeal will be dismissed if not filed in
				  writing with the Secretary within 30 days of the issuance of the notice of
				  discharge. Appeal will not stay involuntary discharge during the pendency of
				  the appeal if the discharge is an emergency discharge.
014.03 Reapplication
A member involuntarily discharged for cause may not reapply
				  for six months after discharge. When a member is involuntarily discharged based
				  on medical reasons, the discharged member or his/her legal representative may
				  reapply for admission upon written certifications by two doctors that any
				  medical basis for the discharge no longer exists.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 400 - NEBRASKA VETERANS' HOME SYSTEM › Chapter 1 - RULES OF MEMBERSHIP › Section 400-1-015 - REQUESTS FOR HEARING

Current through June 17, 2024
The Board will meet every three months or at the call of the
				  Chairperson or Secretary to transact business at one of the Homes, or at an
				  agreed-upon site as provided in
Neb. Rev. Stat.
§
									80-319.
				  Hearings will be conducted at these meetings as needed.
015.01 Regarding Maintenance Charges
Any member who is dissatisfied with the amount of
				  maintenance he/she is paying may request a hearing before the Board by making a
				  request in writing to the Board which details the complaint and reasons
				  supporting the member's position.
015.02 Regarding Denial or Discharge
An applicant or member may appeal any denial of application
				  or discharge decision by requesting a hearing before the Board. The request
				  must be in writing and detail the complaint and reasons supporting the
				  applicant or member's position and must be filed with the Secretary of the
				  Board within 30 calendar days of the date of the letter of decision of denial
				  or discharge.
015.03 Receipt
				of Appeal
The Secretary or his/her designee will provide written
				  confirmation of receipt of the appeal to the member or his/her legal
				  representative within ten days of receipt and provide the member or his/her
				  legal representative written notice of the date, time and place of the Board
				  meeting at which the appeal will be heard.
015.04 Attendance
If the member or his/her legal representative does not wish
				  to attend the hearing before the Board, he/she may request that the Board
				  decide the appeal on the basis of the written complaint and may submit
				  supporting documentation to the Secretary prior to the Board's hearing on the
				  appeal. The Board may allow any person to participate telephonically including
				  witnesses providing testimony.
1-015.04A
Correspondence:
All correspondence with the Board must
				be sent, properly addressed, to the Secretary.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 401 - YOUTH REHABILITATION AND TREATMENT CENTERS › Chapter 1 - GENERAL PROVISIONS › Section 401-1-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations implement the Department of Health and
				  Human Services' administrative powers over the Youth Rehabilitation and
				  Treatment Centers pursuant to Neb. Rev. Stat. §
									43-404. The provisions in these
				  regulations apply to all youth committed to the Youth Rehabilitation and
				  Treatment Centers.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 401 - YOUTH REHABILITATION AND TREATMENT CENTERS › Chapter 1 - GENERAL PROVISIONS › Section 401-1-002 - ACCESS TO SERVICES

Current through June 17, 2024
All youth committed to a Youth Rehabilitation and Treatment
				  Center have access to academic education, vocational education, health
				  maintenance services, mental health services and substance abuse
				  programming.