Bill would speed up juvenile services

The Judiciary Committee heard testimony Feb. 23 on a bill that would require the state Department of Health and Human Services (DHHS) to directly arrange for court-ordered treatment and services in a timely manner.

LB1153, introduced by Omaha Sen. Steve Lathrop, would require a service coordinator or provider to provide court-ordered treatment or services for juveniles or their families within five business days after the issuance of a court order.

Under the bill, if a coordinator fails to provide such services within five business days, the department must arrange for the juvenile to receive services within three business days. If the treatment or service is a matter of immediate and urgent necessity for the health, safety or welfare of a juvenile, the department must immediately make arrangements for the treatment or service.

The department has been experiencing high staff turnover rates, Lathrop said, so there has been a lack of services being provided to juveniles and their families in a timely manner. Some of these services include transportation, clothing, medical exams and psychiatric assessments, he said.

“When these services are not provided in a timely manner it can be harmful to the children and can also contribute to significant delays in achieving permanency for them,” Lathrop said.

Pat McDermott, a county court judge in the 5th Judicial District, testified in support of the bill, saying juvenile courts have little power to enforce court orders. This bill would make court orders more significant to service providers, McDermott said.

Linda Cox, data coordinator for the Nebraska Foster Care Review Board, also testified in support of the bill, and said that 23 percent of children are not receiving all of the services that they should be. These children enter the system with increased vulnerability due to domestic violence, mental health issues, lack of food and shelter and their families’ drug and alcohol addictions, Cox said.

“It’s the duty of HHS and the other key players in the child welfare system to reduce the impact of abuse whenever possible and to minimize the trauma whenever possible,” she said. “This is accomplished by providing appropriate services to the family in a timely manner.”

Monica Anderson, legal counsel for Nebraska Families Collaborative (NFC) in Omaha, testified in opposition to the bill, saying the timeline associated with the bill was unrealistic and problematic. NFC does not usually receive court orders within the five-day turnaround period, she said, and the treatment required may not be immediately available.

“The bill’s requirements that court ordered treatment services be provided in five days is setting everyone up to fail,” Anderson said.

Scot Adams, interim director for children and family services for DHHS, also testified in opposition to the bill, saying it does not address many of the challenges that the department faces. In many instances, Adams said, lead contractors are unable to set up required treatments because they are not immediately available.

Nicole Goaley, a Douglas County attorney, testified in a neutral capacity. Service providers receive very little case information until they get together and collaborate, Goaley said. When collaboration occurs, she said, the cases are handled much more effectively.

The committee took no immediate action on the bill.