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from the issue of March 2, 2006
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Weisz helps shape court
BY TOM HANCOCK, UNIVERSITY COMMUNICATIONS
Vicky Weisz is quietly helping Nebraska's youngest residents.
| | CHILDREN'S REPRESENTATIVE - Through her work in the Center on Children, Families and the Law, Vicky Weisz is helping shape how Nebraska courts work with abused and neglected children. By Troy Fedderson, University Communications.
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Since 1995, Weisz has worked in the Center on Children, Families and the Law at UNL, studying and shaping how Nebraska courts work with abused and neglected children.
She has twice directed studies into the Nebraska court system's work with these children, first in 1995, then in 2005. The initial study helped the state work to address weaknesses in the court system. The second study - conducted due to recent federal laws on child welfare - revealed new strengths and a handful of persistent weaknesses.
The study - titled "Nebraska Court Improvement Project 2005 Reassessment of Court and Legal System for Child Abuse and Neglect and Foster Care" - found only about half of all children in the system are getting reasonable representation. This is often due to guardians not meeting with children as often as they should, not preparing reports for the courts and not conducting independent investigations.
The system has no training requirements for guardians. However, standards and mandated training for guardians are being developed. This training will be provided and directed by the Nebraska Supreme Court.
Other improvements have already been put into action. In Douglas and Lancaster counties, initial hearings after a child is removed from a home are preceded by a pre-hearing conference where information is provided by all sides.
Prior to this change, the initial hearings were somewhat perfunctory. Parents were advised of their rights, including the right to an attorney, and the court approved the child's removal from the home.
Now, the pre-hearing conference in Douglas and Lancaster counties offers in-depth discussions about whether the child can be returned to parents with accompanying services to the family. If not, there is a discussion as to whether the child can be cared for by relatives or others already known to the child.
The court system reviews - part of the Nebraska Court Improvement Project - are funded through a contract with the Nebraska Supreme Court and are provided approximately $138,000 annually. The court receives federal funds from the U.S. Department of Health and Human Services to assist in the work with abused and neglected children and those in foster care.
Weisz's focus on children also includes work with the Commission on Children in the Courts and organizing annual seminars for state senators and policy makers.
The commission is a specialized group was created December 2004 by the Nebraska Supreme Court to study how children are affected by the courts and how processes could be improved. This commission has made recommendations regarding guardians, is studying recommendations regarding standards and training for juvenile defense attorneys, and is beginning to study how courts address issues on child custody in divorce.
The commission is also planning a Children's Summit focused on improving the court system for children. In September, the summit will draw teams of Nebraska Health and Human Services workers, lawyers who represent children, parents and other child advocates.
These participants will be trained in best practices that conform to national guidelines for child abuse and neglect hearings. The teams will take that knowledge back to their jurisdictions and work together to implement these practices.
Weisz expects another reassessment of the court system, probably in the next decade. Until then, she said the state has shown good progress in addressing problems outlined in the 2005 report.
"This report indicates that Nebraska courts continue to struggle with consistently providing timely, well-informed decisions for all children and families," Weisz said. "Fortunately, recent and current activities are directly related to these shortcomings. Chief Justice (John) Hendry's strong leadership and the dedication of countless committed judges, attorneys, child protection administrators and others will continue to result in concrete improvements to the court system's work with abused and neglected children."
For more information on the 2005 report, go online to www.ccfl.unl.edu/outreach/judicialcommission/2005reassessment.pdf.
GO TO: ISSUE OF MARCH 2
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