Child welfare strategic plan and oversight bill amended, re-advanced

A bill intended to provide a strategic plan and legislative oversight for child welfare programs in Nebraska was returned from final reading March 30 for consideration of an amendment.

LB821, sponsored by the Health and Human Service Committee, would create a 22-member Nebraska Children’s Commission tasked with creating a statewide strategic plan to reform child welfare programs and services in the state.

Among other issue areas, the commission would be required to create committees to examine foster care reimbursement rates and state policy regarding prescription of psychotropic drugs to state wards. The commission would be required to report on the strategic plan to the Legislature and the governor by Dec. 15, 2012.

The bill also would create the Office of Inspector General within the Office of Public Counsel, also known as the Ombudsman’s Office.

The inspector general would be appointed by the public council and approved by the Legislature. The office would be authorized to investigate allegations of possible misconduct, death or serious injury in foster homes, private agencies, child-care facilities and programs.

The office also would review the role and effectiveness of the state’s youth rehabilitation and treatment centers, analyze data and report to the Legislature and the governor annually.

Under the bill, law enforcement agencies and prosecuting attorneys would be required to cooperate with investigations conducted by the inspector general, regardless of any criminal investigation or prosecution in progress.

Lincoln Sen. Kathy Campbell, chairperson of the Health and Human Services Committee, made a motion to return LB821 from final reading to consider an amendment that would more clearly specify the coordination outlined in the bill between law enforcement, prosecuting attorneys and the inspector general.

Senators voted 44-0 to return the bill to select file and Campbell offered an amendment that narrowed the parameters of the information law enforcement and prosecutors would be required to provide the inspector general.

Among other provisions, the amendment would:
• require that only information relevant to a particular investigation be shared;
• clarify that police reports are not public records and not subject to discovery by another agency or entity;
• require the inspector general to maintain the confidentiality of all law enforcement reports received; and
• prohibit the inspector general from interviewing a minor in connection with an ongoing investigation who already has been interviewed by authorities.

Campbell said the changes would allow the inspector general’s office to perform its duties without compromising the work of law enforcement and would promote cooperation that ultimately would benefit the state’s vulnerable children.

After adopting the amendment 43-0, senators re-advanced LB821 to final reading by voice vote.