Title 8 — Child Safety

1. The child is in the care or custody of the department. 2. The child has not achieved permanency, is unlikely to achieve permanency and is not in a preadoptive placement. 3. At least two years have passed since the parent-child relationship was terminated, unless there is a dem…

The interstate compact on the placement of children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE I. PURPOSE AND POLICY It is the purpose and policy of the party states to cooperate w…

Financial responsibility for any child placed pursuant to the provisions of the interstate compact on the placement of children shall be determined in accordance with the provisions of article V.

Pursuant to the compact the governor shall designate the director of the department as the compact administrator. The compact administrator, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of …

The compact administrator shall have authority to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement requires or contemplates the use of any institution or facility of this state o…

The compact administrator, subject to the approval of the director of the department of administration, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into ther…

Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under sections 8-501, 8-503 through 8-520 and 8-813 shall be deemed to be met if performed pursuant to an agreement entered into by…

The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.

A. Beginning on January 1, 1998, the child abuse prevention fund is established consisting of monies received pursuant to section 12-284.03, subsection A, paragraph 3, section 36-3504, subsection C, sections 41-178 and 43-613. The director shall administer the fund for the purpos…

In this article and articles 9, 10, 11, 12, 13 and 14 of this chapter, unless the context otherwise requires: 1. "Child safety services" means a specialized child welfare program that is administered by the department as provided in this chapter and that investigates allegations …

B. A worker shall not interview a child without the prior written consent of the parent, guardian or custodian of the child unless either: 1. The child initiates contact with the worker. 2. The child who is interviewed is the subject of or is the sibling of or living with the chi…

A. On initial contact with a parent, guardian or custodian or an employee of a child welfare agency where a child is placed that is licensed by and contracted with the department who is under investigation pursuant to this article, a child safety worker shall: 1. Inform the famil…

A. The department shall maintain a central registry of child abuse and neglect. B. The department shall conduct central registry background checks and shall use the information contained in the central registry only for the following purposes: 1. As a factor to determine qualific…

A. All reports of child abuse and neglect and related records shall be maintained in the department's case management information system in accordance with the time frames established in the department's records retention schedule. B. In addition to the purposes prescribed in sec…

1. Consider the nexus between the act of abuse or neglect and the potential risk a person found to have committed an act of abuse or neglect may pose if the person were in a position or setting outside of the person's home that involves the care of or substantial contact with chi…

[Repealed or reserved.]

A. Any person making a complaint, or providing information or otherwise participating in the program authorized by this article shall be immune from any civil or criminal liability by reason of such action, unless such person acted with malice or unless such person has been charg…

A. A child is eligible to be accepted into voluntary placement by a child safety worker on behalf of the department. B. On acceptance of a child into voluntary placement, the worker must prepare a notice of placement and file the notice in the case file of the child. C. A period …

A. DCS information shall be maintained by the department as required by federal law as a condition of the allocation of federal monies to this state. All exceptions for the public release of DCS information shall be construed as openly as possible under federal law. B. The depart…

A. The department shall promptly provide DCS information to the public regarding a case of child abuse, abandonment or neglect that has resulted in a fatality or near fatality as follows: 1. The department shall provide preliminary information including at a minimum: (a) In the c…

A. A parent assistance program is established in the administrative office of the supreme court for the purpose of providing information to and assisting parents or guardians in understanding the process of removal of a child from the home. The administrative office of the suprem…

A. The department shall provide on its website information on parents' rights pursuant to section 8-809.01 and other information to assist parents and guardians in understanding the process of removal of a child from the home. B. The department shall provide on its home page a co…

1. To be informed of the specific complaint or allegation against that person and that any responses to the complaint or allegation may be used in a subsequent court proceeding. 2. To refuse to cooperate with the investigation or receive child safety services offered pursuant to …

A. Immediately or within twenty-four hours after receiving a report made pursuant to section 13-3620 or receiving information during the course of providing services that indicates a child who is a ward of the court or who is in the care of the department is missing, abducted or …

(L24, Ch. 47, sec. 5) A. The department shall notify a person who is alleged to have abused or neglected a child that the department intends to substantiate the allegation in the central registry pursuant to section 8-804 and of that person's right: 1. To receive a copy of the re…

(L24, Ch. 127, sec. 5) A. The department shall notify a person who is alleged to have abused or neglected a child that the department intends to substantiate the allegation in the central registry pursuant to section 8-804 and of that person's right: 1. To receive a copy of the r…

A child welfare agency that receives for care and maintenance a child who has been adjudicated dependent shall obtain within ninety days after the child is placed with the agency: 1. A nonoperating identification license issued pursuant to section 28-3165. 2. If the child does no…

A. On the initial out-of-home placement of a child: 1. The division or a licensed child welfare agency shall conduct an investigation of the child designed to establish an appropriate plan for placement of the child. 2. The child shall receive a complete medical examination. 3. T…

A. The department shall establish and administer an ongoing program of subsidized permanent guardianship. Subsidies shall be provided from monies appropriated to the department or made available to it from other sources for permanent guardianship purposes. B. The department may p…

A. At the beginning of any court proceeding held pursuant to this chapter, the court shall inquire if any party has reason to believe that any child who is subject to the proceeding is subject to the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States C…

A. The family builders program is established in the department. The department may implement the program through collaborative partnerships between the department, community social service agencies, family support programs and other community organizations, which may include fai…

A. The department shall develop, establish and implement initial screening and safety assessment protocols in consultation with the attorney general and statewide with county attorneys, chiefs of police, sheriffs, medical experts, victims' rights advocates, domestic violence vict…

In determining if a child is neglected, consideration shall be given to: 1. The drug or alcohol abuse of the child’s parent, guardian or custodian. 2. The use by the mother of a dangerous drug, a narcotic drug or alcohol during pregnancy if the child, at birth or within a year af…

A. A child shall be taken into temporary custody only pursuant to one of the following: 1. An order of the superior court. 2. Subsection E of this section. 3. The consent of the child's parent or guardian. B. The superior court, on a dependency petition filed by an interested per…

A. The department shall adopt rules and establish clear policies and procedures, where appropriate, to: 1. Determine the circumstances under which it is appropriate to remove a child from the custody of the child's parents, guardian or custodian. 2. Ensure the immediate notificat…

A. If a child is taken into temporary custody pursuant to this article, the interested person, peace officer or child safety worker taking the child into custody shall provide written notice within six hours to the parent or guardian of the child, unless: 1. The parent or guardia…

A. The court shall hold a preliminary protective hearing to review the taking into temporary custody of a child pursuant to section 8-821 not fewer than five days nor more than seven days after the child is taken into custody, excluding Saturdays, Sundays and holidays. If clearly…

A. The court's determination in the preliminary protective hearing may be based on evidence that is hearsay, in whole or in part, in the following forms: 1. The allegations of the petition. 2. An affidavit. 3. Sworn testimony. 4. The written reports of expert witnesses. 5. The de…

If a parent or guardian denies the allegations at the preliminary protective hearing the court may set the date for the dependency adjudication hearing as to that parent or guardian. An initial dependency hearing shall not be held as to that parent or guardian. The court shall al…

A. If a child is removed from the custody of the child's parent, guardian or custodian and an emergency placement is offered by an authorized tribe, an authorized tribe may request, in accordance with the procedures prescribed in 28 Code of Federal Regulations sections 901.1 thro…

A. If a child has been removed from the child's home, the court shall make protecting the child from abuse or neglect the first priority and shall make the following determinations within the following time periods: 1. In the court's first order that sanctions the removal, whethe…

A. A court may not do either of the following: 1. Authorize the removal of a child from the child's home based on the blindness of the child's parent, if it is otherwise in the best interests of the child to remain in the child's home. 2. Refuse to allow the visitation by or reun…

A. Except as provided in subsection B of this section the department or any interested party may file a petition to commence proceedings in the juvenile court alleging that a child is dependent. B. An interested party may not file a dependency petition concerning a child who has …

A. Except as provided in section 8-826, the court shall set the initial dependency hearing within twenty-one days after the petition is filed. If service by publication is required, the court may set an initial dependency hearing within a time period to allow for publication purs…

A. At any dependency hearing, the court's primary consideration shall be the protection of a child from abuse or neglect. B. At the initial dependency hearing, the court shall ensure that the parent or guardian has been advised of the following rights: 1. The right to counsel, in…

A. Before a contested dependency case proceeds to adjudication, the court shall hold a settlement conference or pretrial conference or shall order mediation. All of the parties in the contested action shall participate in the conference or mediation. B. The court shall take into …

At least fifteen days before the disposition hearing, the department shall give written notice to the court and the parties if the department intends to present evidence that an aggravating circumstance described in section 8-846, subsection D, paragraph 1 exists.

A. After receiving and considering the evidence on the proper disposition of the case, the court may place a dependent child in the care of the child's parents, subject to the supervision of the department. If placement with the child's parents is contrary to the child's welfare,…

A. Except as provided in subsections D, E and F of this section, if the child has been removed from the home, the court shall order the department to make reasonable efforts to provide services to the child and the child's parent. B. If the court determines that services suppleme…

B. At a proceeding to review the disposition orders of the court, the court shall provide the following persons notice of the review and the right to participate in the proceeding: 1. The authorized agency charged with the child's care and custody. 2. Any foster parents in whose …