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Child Abuse/Neglect Flowchart
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Child Abuse/Neglect Flowchart
Detention Hearing
Permanency Planning Hearing
Adjudication
Hearing is held within 12 months of removal of the child. Similar to a Review Hearing; the emphasis is on the permanent living situation of the child. Permanency goals are discussed: reunification, adoption, guardianship, or another planned living arrangement (independent living).
This is a full evidentiary hearing that should occur within 10 days following the filing of a petition for removal. Health and safety of a child are the issues.
This should occur within 90 days of the child's removal. Judge determines if allegations are proven by the evidence. If allegations are proven, the Judge directs that a plan be developed to correct the conditions of abuse/neglect
Allegation of abuse or neglect
Referral
Pre-Trial Hearing
Pre-Trial is when the attorneys discuss where the case is going: plea, trial, dismissal, etc. This hearing can be formal (on the record) or informal.
A referral can be from law enforcement or others. Law enforcement will make the decision to remove the child from the home. They will then contact HHS for foster care placement and send affidavit reports to county attorney. If others make a referral, they will sign an affidavit which is then sent to the county attorney for review. The county attorney will file a motion requesting the child be removed from the home.
Allegation can be from the victim, an anonymous call, 911, outside agency, or mandatory reporters (schools, counselors, hospitals, daycares, ANYONE in the State of Nebraska!)
Investigation
Permanency Hearing
Review Hearing
Interviews are conducted with witnesses, non-offending parent, the victim, and the suspect.
Held every 6 months after the initial dispositional hearing. Court reviews the status of the case, and determines whether court-ordered services were provided. Changes can be made to the case plan. These hearings ensure the case is moving forward to permanency.
The case can be closed at this time with the child returning home. Termination of Parental Rights can also be filed at this time. TPR means the parent no longer has any legal rights to a child and is no longer responsible for the child. This is permanent.
Disposition Hearing
Should occur within 30 days after adjudication. Judge decides what is best for the child and puts it into a court order or case plan. Judge can order DHHS to provide services to the family at this time, and can order the parents to participate in services.