Protective Custody Findings And Order {JC-14-11-1}

PROTECTIVE CUSTODY FINDINGS AND ORDER CASE NUMBER: IN THE JUVENILE COURT OF COUNTY, NEBRASKA IN THE INTEREST OF PROTECTIVE CUSTODYFINDINGS AND ORDER CHILD/CHILDREN UNDER EIGHTEEN YEARS OF AGE original On , this matter came on before the Court for a Preliminary Protective Custody hearing on thepetition subsequent petition supplemental petition other (specify): .Appearing in court were: Child(ren): Mother: Father: Father: NDHHS Case Worker County Attorney: Facilitator: CASA: Attorney for Child(ren): Attorney for Mother: Attorney for Father: Attorney for Father: Attorney for NDHHS: Other: 3.EXHIBITS OFFERED AND ADMITTED INTO EVIDENCE: None Affidavit of Removal: Case Plan/ Court Report CASA Report GAL Report Visitation Report Caregiver Information Form FCRB Report Other: THE COURT FINDS AND ORDERS: 4. a. The mother father were served with the Petition/Amended Petition/Supplemental Petition on . b. 5.a.Parties present waive notice by summons 72 hours prior to hearing or were served with a summons and the Court has jurisdictionNotice of the date, time and location of the hearing was properly given as required by law.b.The petition was read to those present at the beginning of the hearing. Reading of the petition was waived by those present at the beginning of the hearing. 6. The child(ren)222s legal removal date from the parental home is: . The child(ren) have been in out-of-homeplacement for months. 7.The Court advised the mother father: father: other: of: a.Rights pursuant to N.R.S. 247 43-279.01 including: Speedy Adjudication with burden of proof on the State. Counsel obtained/appointed if parent(s) indigent. Confront and cross-examine witnesses. Appeal and have transcript provided for such purpose. Subpoena witnesses and present evidence. Prompt hearing on temporary custody. Remain silent and anything said may be used against parent(s). Testify on parent(s) own behalf. American LegalNet, Inc. www.FormsWorkFlow.com b.Possible dispositions including: Maintain jurisdiction until child(ren) reaches 19 years of age. Place in care and custody of NDHHS. Parent(s) responsible for costs of care or services. Potential authority of the court to terminate parental rights. Place in a suitable placement subject to supervision. c.The mother father: other: acknowledged understanding of their rights 8.a. The mother father: other: has knowingly and intelligently waived their rights. b.The mother father: other: understand the nature of theproceedings, the possible consequences and dispositions of being adjudicated 9. Party Admits Pleads no contest Denies To petition as amended on: a.Mother: b.Father: c.Father: d.Other: 10.There is a factual basis for the admission. 11.By preponderance of the evidence, the allegations set forth are true: a. b. as stated in the petition as originally filed as stated in the petition as amended on : 1. by agreement of the parties 2. by the court to conform to proof The allegations (specify) as stated in the petition as amended on are not proven and are ordered stricken. The allegations of the petition are not sustained. On motion of the petitioner, the following allegations are stricken: 12.The children are children within the meaning of N.R.S. 247 43-247, Subd. 3(a): 13. a. As a result of the pre-hearing conference, the parties proposed to the Court that: 1. 2. 3. 4. b.The Court finds that the proposals and agreement is in the best interests and safety of the child(ren). 14.CHILD(REN) NOT DETAINEDa.Services that would prevent the need for further detention are available.b.The child(ren) is returned to the custody of: mother father: other (specify): .c.The child(ren) and mother father: other (specify): are placed under the supervision of HHS for a minimum of 6 months pursuant to their voluntary agreement to informal supervisionand the provision of services as set forth in the case plan. CHILD(REN) DETAINED a. The initial removal of the child(ren) from the home was necessary for reasons stated on the record, and include:.b. The facts on which the court bases its decision to order the child(ren) detained are stated on the record, and include:.c.Continuance in the parent222s or legal guardian222s home is contrary to the child(ren)222s best interests, health, safety, and welfarebecause/until:.d.Reasonable efforts were made to prevent or eliminate the need for removal from the home, including:1. 2. As in Exhibit: 3. As in Case Plan Court Report: 4. Other: but out-of-home placement is necessary at this time. Reasonable efforts were not made to prevent or eliminate the need for removal from the home. Reasonable efforts to prevent or eliminate the need for removal are not required because: American LegalNet, Inc. www.FormsWorkFlow.com 1.The parent has subjected the child to aggravated circumstances in accordance with 247 43-283.01, Subd. 4(a).2. The parent of the child has committed or attempted to commit murder or voluntary manslaughter or committed felonyassault, in accordance with 247 43-283.01, Subd. 4(b)3. The parental rights of the parent to a sibling of the child have been involuntarily terminated Reasonable efforts would not have prevented removal because the child(ren) were unsafe.e.Services, including those set forth in 16, are to be provided to the family as soon as possible to reunify the child(ren) with thefamily.f.The child(ren) are placed in the protective custody of NDHHS.g.The child(ren) are placed in: The assessed home of a relative An emergency shelter Other suitable licensed place h.The children were removed from the Indian custodian or parent to prevent imminent physical damage or harm to the child.i.Relative placement: There is a relative who is able, assessed and willing to care for the child. A relative who is able, assessed, and willing to care for the child is not available. There is a relative who is willing to care for the child, and NDHHS shall assess the relative as a placement option. NDHHS shall actively search for a relative who is willing and able to care for the child. 15.The child(ren): (specify) is/are or may be anIndian child under the Indian Child Welfare Act and NDHHS must provide notice of the proceeding and of the tribe222s right to intervene inthe proceeding to all identified tribes and to the Bureau of Indian Affairs if the identity or location of a parent, an Indian custodian or atribe cannot be determined. Proof of such notice must be filed with this Court. 16.The following services will be offered and provided pending further proceedings: ServiceMother Father: Other: a. Alcohol Drug testing b.Substance abuse treatment c.Parenting education d.Parenting assessment e. Psychological assessment f.(Specify) g.(Specify) 17.The mother father: Other: shall be granted reasonable rights of unsupervised supervised visitation with the child(ren) as arranged by NDHHS. 18.The mother father: Other: a.must disclose to the case worker the names, residency and any known identifying information of any maternal or paternalrelatives of the child(ren). b.must disclose any known information identifying the children as having Indian ancestry.c.must keep the court, NDHHS, and their attorneys advised of their current addresses and telephone numbers and provide writtennotification of any changes to their mailing addresses. 19.NDHHS is hereby authorized to consent to any medical, dental, surgical or psychiatric treatment or such care as vaccinations andinoculations which in the opinion of a licenses and practicing physician or dentist may be necessary and in the best interest andsafety of the child(ren). 20.NDHHS shall furnish a report to this Court and all attorneys as to the care, maintenance, and moral and physical training of thechild(ren) every thirty days. 21.The costs of the child222s care to the extent not covered by the parents222 insurance shall be borne by theState of Nebraska. 22.Any reports to be submitted at the next hearing shall be presented to the attorneys and Guardian ad Litem, and the original reportsshall be submitted the Court, at least 3 business days prior to the hearing. 23.Notice and the right to be heard shall be provided to the foster/preadoptive parents/relative caregiver by the Court as r