Understanding Child Welfare Agencies in Nevada
Explore the crucial role of child welfare agencies in Nevada, including their responsibilities under federal and state laws, processes for protective custody, reunification efforts, and possible case outcomes. Delve into the complexities of the parent-child relationship, legal timelines in child welfare cases, and the significance of confidentiality in maintaining information integrity.
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Working with Child Welfare Agencies and Prosecuting Cases with Child Victims/Witnesses 2022 NEVADA PROSECUTOR S CONFERENCE NICOLE HICKS AND BUFFY OKUMA WASHOE COUNTY DISTRICT ATTORNEY S OFFICE
WORKING WITH CHILD WELFARE AGENCIES Child Welfare Agencies in Nevada Clark County Department of Family Services Washoe County Human Services Agency State of Nevada, Division of Child and Family Services Note: Representation of the agencies
WORKING WITH CHILD WELFARE AGENCIES Child Welfare Agencies are subject to federal and state law Must provide services and efforts to prevent the placement of a child into protective custody Must provide services and efforts to reunify the family after a child has been placed into protective custody Must provide services to provide permanency for a child who has been in foster care for a certain period of time or under certain circumstances
WORKING WITH CHILD WELFARE AGENCIES Parent Child relationship is protected by the United States Constitution Government interference in the parent/child relationship Competing interests familial relationship, right to the care, custody and control vs. child s right to be safe Most cases focus on the familial relationship Placement of child into protective custody is a seizure under 4thAmendment Emerging Issues Child interviews Searches
WORKING WITH CHILD WELFARE AGENCIES Timelines of a Child Welfare Case 72 Hours (usually less) for protective custody hearing 10 days to file a Petition 30 days to hold Adjudication 12 months to hold Permanency
WORKING WITH CHILD WELFARE AGENCIES Possible outcomes from a CPS case Reunification Termination of parental rights Guardianship Another Planned Permanent Living Arrangement Termination of Parental Rights Deemed by the Nevada Supreme Court as akin to the death penalty
WORKING WITH CHILD WELFARE AGENCIES Confidentiality NRS 432B.280 NRS 432B.280 penalty. Confidentiality of information maintained by an agency which provides child welfare services; exceptions; Except as otherwise provided in NRS 239.0115, 432B.165, 432B.175 and 439.538 and except as otherwise authorized or required pursuant to NRS 432B.290, information maintained by an agency which provides child welfare services, including, without limitation, reports and investigations made pursuant to this chapter, is confidential. 2. Any person, law enforcement agency or public agency, institution or facility who willfully releases or disseminates such information, except: (a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child; (b) As otherwise authorized pursuant to NRS 432B.165 and 432B.175; (c) As otherwise authorized or required pursuant to NRS 432B.290; (d) As otherwise authorized or required pursuant to NRS 439.538; or (e) As otherwise required pursuant to NRS 432B.513, 1. is guilty of a gross misdemeanor.
WORKING WITH CHILD WELFARE AGENCIES Exceptions to Confidentiality Law enforcement and prosecutors but only when the investigation or prosecution is related to abuse or neglect [NRS 432B.280(2)(a); NRS 432B.290(2)(d)] A court, for in camera inspection only, unless the court determines the public disclosure of the information is necessary for the determination of an issue before it [NRS 432B.290(2)(e)] CAC Multidisciplinary Teams [NRS 432B.290(2)(n)] A parent or legal guardian of the child (and their attorney) if the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning that parent or guardian [NRS 432B.290(2)(p)
WORKING WITH CHILD VICTIMS/WITNESSES Court Process What to consider for trial: Child witness Cross examination Seeing the perpetrator Length of trial Court preparation
WORKING WITH CHILD VICTIMS/WITNESSES Court Process Preliminary Hearings Hearsay Pros Cons
WORKING WITH CHILD VICTIMS/WITNESSES Getting a Child Ready for Court Build Rapport Let the child talk Use simple words What s your date of birth State your name Promise to tell the truth Tell me something that is true/that is a lie For preparation, go to where the child is comfortable Let the child look at the courtroom before the hearing/trial Let them practice Kid s Court
