whateveryparentshouldknow

8-841. Dependency petition; service; preliminary orders

A. Any interested party may file a petition to commence proceedings in the juvenile court alleging that a child is dependent.

B. The petition shall be verified and shall contain all of the following:

1. The name, age and address, if any, of the child on whose behalf the petition is brought.

2. The names and addresses, if known, of both parents and any guardian of the child.

3. A concise statement of the facts to support the conclusion that the child is dependent.

4. If the child was taken into temporary custody, the date and time the child was taken into custody.

5. A statement whether the child is subject to the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963).

C. The person who files the petition shall have the petition and a notice served on:

1. The parents and any guardian of the child.

2. The child’s guardian ad litem or attorney.

3. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.

D. The notice shall contain all of the following:

1. The name and address of the person to whom the notice is directed.

2. The date, time and place of the hearing on the petition.

3. The name of the child on whose behalf the petition has been filed.

4. A statement that the parent or guardian and the child are entitled to have an attorney present at the hearing and that, if the parent or guardian is indigent and cannot afford an attorney and wants to be represented by an attorney, one will be provided.

5. A statement that the hearing may result in further proceedings for permanent guardianship or to terminate parental rights.

E. The petition and notice shall be served on a parent or guardian as soon as possible after the petition is filed and at least five days before the initial dependency hearing if the parent or guardian did not attend the preliminary protective hearing. If a parent or guardian does attend the preliminary protective hearing, the petition and notice shall be served at the preliminary protective hearing.

F. On the filing of the petition, the court may issue any temporary orders necessary to provide for the safety and welfare of the child.

8-842. Initial dependency and dependency adjudication hearings; deadlines

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 pursuant to the rules of procedure for the juvenile court.

B. The court may continue the initial dependency hearing for good cause, but, unless the court has ordered in-home intervention, the dependency adjudication hearing shall be completed within ninety days after service of the dependency petition. The time limit for completing the dependency adjudication hearing may be extended for up to thirty days if the court finds good cause or in extraordinary cases as prescribed by the supreme court by rule.

8-843. Initial dependency hearing; rights

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, including appointed counsel if the parent or guardian is indigent.

2. The right to trial by the court on the allegations in the petition.

3. The right to cross-examine all witnesses that are called to testify against the parent or guardian.

4. The right to use the process of the court to compel the attendance of witnesses.

C. If the parent or guardian admits or does not contest the allegations in the petition, the court shall determine that the parent or guardian understands the rights described in subsection A of this section and that the parent or guardian knowingly, intelligently and voluntarily waives these rights.

D. If the parent or guardian denies the allegations in the petition, the court shall set the settlement conference, pretrial conference or mediation prescribed in section 8-844.

E. The court shall also determine if reasonable efforts were made to prevent or eliminate the need for removal of a child from the child’s home and if services are available that would eliminate the need for continued removal. If the child is:

1. In the custody of the department, the court shall order the department to make reasonable efforts to provide services to the child and parent to facilitate the reunification of the family, except as provided in section 8-846.

2. Not in the custody of the department and the department is not a party, the court may direct the parties to participate in reasonable services that will facilitate reunification of the family or another permanent plan for the child. The court shall not require the department to provide services pursuant to this paragraph.

F. Notwithstanding any other provision of this section, the court may stay the proceedings and order in-home intervention as provided in article 7 of this chapter.

8-844. Dependency adjudication hearing; settlement conference or mediation

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 consideration as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services.

C. If, at the dependency adjudication hearing, the court:

1. Finds by a preponderance of the evidence that the allegations contained in the petition are true, the court shall:

(a) Make the following findings as to each parent:

(i) That the court has jurisdiction over the subject matter and the person before the court.

(ii) The factual basis for the dependency.

(iii) That the child is dependent.

(b) Conduct a disposition hearing.

2. Does not find by a preponderance of the evidence that the allegations contained in the petition are true, the court shall dismiss the petition.

D. The court may adjudicate a child dependent as to one parent or guardian and proceed with a disposition, review or permanency hearing or any other hearing as to that particular parent or guardian notwithstanding another parent’s or guardian’s request to contest the allegations in the petition or that another parent or guardian has not been served.

E. The court may hold the disposition hearing on the same date as the dependency adjudication hearing or at a later date that is not more than thirty days after the date of the dependency adjudication hearing.

F. If a parent does not appear at the pretrial conference, settlement conference or dependency adjudication hearing, the court, after determining that the parent has been instructed as provided in section 8-826, may find that the parent has waived the parent’s legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may make a determination of dependency and disposition based on the record and evidence presented as provided in rules prescribed by the supreme court.

G. Evidence considered by the court in making a decision pursuant to this section shall also include any substantiated allegations of abuse or neglect committed in another jurisdiction.

8-845. Disposition hearing

A. After receiving and considering the evidence on the proper disposition of the case, the court may enter orders awarding a dependent child as follows:

1. To the care of the child’s parents, subject to the supervision of the department of economic security.

2. To a grandparent or another member of the child’s extended family including a person who has a significant relationship with the child, unless the court has determined that such placement is not in the child’s best interests.

3. To a suitable institution.

4. To an association willing to receive the child.

5. To a reputable citizen of good moral character.

6. To an appropriate public or private agency licensed to care for children.

7. To a suitable school.

8. To supervision under the independent living program established pursuant to section 8-521.

9. To any adult as a permanent guardian pursuant to article 5 of this chapter.

B. In reviewing the status of the child and in determining its order of disposition, the court shall consider the health and safety of the child as a paramount concern and the following criteria:

1. The goals of the placement and the appropriateness of the case plan.

2. The services that have been offered to reunite the family.

3. If returning the child home is not likely, the efforts that have been or should be made to evaluate or plan for other permanent placement plans.

C. The court shall review the permanent plan that has been established for the child. In reviewing the status of the child, the court, insofar as possible, shall seek to reunite the family. If the court does not order reunification of the family, the court shall order a plan of adoption or another permanent plan that is in the child’s best interest.

D. Notwithstanding subsection C of this section, reasonable efforts to place a child for adoption may be made concurrently with reasonable efforts to reunify the family.

8-846. Services provided to the child and family

A. Except as provided in subsection B 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. The court shall consider the following factors and reunification services are not required to be provided if the court finds by clear and convincing evidence that:

1. One or more of the following aggravating circumstances exist:

(a) A party to the action provides a verified affidavit that states that a reasonably diligent search has failed to identify and locate the parent within three months after the filing of the dependency petition or the parent has expressed no interest in reunification with the child for at least three months after the filing of the dependency petition.

(b) The parent or guardian is suffering from a mental illness or mental deficiency of such magnitude that it renders the parent or guardian incapable of benefitting from the reunification services. This finding shall be based on competent evidence from a psychologist or physician that establishes that, even with the provision of reunification services, the parent or guardian is unlikely to be capable of adequately caring for the child within twelve months after the date of the child’s removal from the home.

(c) The child previously has been removed and adjudicated dependent due to physical or sexual abuse. After the adjudication the child was returned to the custody of the parent or guardian and then subsequently removed within eighteen months due to additional physical or sexual abuse.

(d) A child is the victim of serious physical or emotional injury by the parent or guardian or by any person known by the parent or guardian, if the parent or guardian knew or reasonably should have known that the person was abusing the child.

(e) The parent’s rights to another child have been terminated, the parent has not successfully addressed the issues that led to the termination and the parent is unable to discharge parental responsibilities.

(f) After a finding that a child is dependent, all of the following are true:

(i) A child has been removed from the parent or guardian on at least two previous occasions.

(ii) Reunification services were offered or provided to the parent or guardian after the removal.

(iii) The parent or guardian is unable to discharge parental responsibilities.

2. The parent or guardian of a child has been convicted of murder or manslaughter of a child, or of sexual abuse, sexual assault of a child, sexual conduct with a minor, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor, or luring a minor for sexual exploitation.

3. The parent or guardian of a child has been convicted of aiding or abetting or attempting, conspiring or soliciting to commit any of the crimes listed in paragraph 2 of this subsection.
8-847. Periodic review hearings

A. After the disposition hearing, the court shall hold periodic review hearings at least once every six months as required by federal law.

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 home the child resided within the last six months or resides at present, except for those foster parents who maintain a receiving foster home where the child has resided for thirty days or less. The petitioner shall provide the court with the names and addresses of all foster parents who are entitled to notice pursuant to statute.

3. A shelter care facility or receiving foster home where the child resides or has resided within the last six months for more than thirty days. The petitioner shall provide the court with the names and addresses of all shelter care facilities and receiving foster homes that are entitled to notice pursuant to this paragraph.

4. The child’s parent or guardian unless the parental rights of that parent or guardian have been terminated by court action or unless the parent has relinquished rights to the child to an agency or has consented to the adoption of the child as provided in section 8-107.

5. The child, if twelve years of age or older.

6. The child’s relative, as defined in section 8-501, if that relative files a written notice of right of participation with the court.

7. A person permitted by the court to intervene as a party in the dependency proceeding.

8. A physical custodian of the child within the preceding six months.

9. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.

10. Any other person as the court may direct.

C. At any periodic review hearing, the court shall consider the health and safety of the child as a paramount concern.

D. If the court finds that a child is no longer dependent, before it dismisses the proceeding the court shall provide notice of the sibling information exchange program established pursuant to section 8-543 to the following:

1. An adult who is the former dependent child in the proceeding for whom the periodic review hearing is held.

2. A parent or guardian with legal custody of the former dependent child for whom the periodic review hearing is held.

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