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                            LEGISLATURE OF NEBRASKA
                         ONE HUNDRED NINTH LEGISLATURE
                                SECOND SESSION
                  LEGISLATIVE BILL 1213
 Introduced by McKinney, 11.
 Read first time January 21, 2026
 Committee: Health and Human Services
1  A BILL FOR AN ACT relating to foster care; to adopt the Case Management
2Licensure Act.
3    Be it enacted by the people of the State of Nebraska,
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1Section 1.      Sections 1 to 10 of this act shall be known and may be
2  cited as the Case Management Licensure Act.
3Sec. 2.      (1) The Legislature finds that:
4(a)   Inconsistent  and    ineffective       case    management        within      child
5  welfare systems can cause irreversible harm to children and families;
6(b)   Data    from     the    department  demonstrates    that     inefficient        case
7     management has contributed to: (i) The loss or jeopardization of federal
8     Title IV-E funding administered through the Children's Bureau of the
9  United States Department of Labor; (ii) increased and unnecessary public
10  expenditures        related    to        mental    health    services    and    trauma       responses
11  arising from unsubstantiated abuse and neglect investigations; and (iii)
12  prolonged neglect of children and families due to excessive caseloads and
13  inadequate oversight;
14(c) Existing complaint and accountability mechanisms are laborious
15  and insufficient and may expose complainants to retaliation; and
16(d)   Establishing  a     licensure,       oversight,        and     accountability
17  framework     for    individuals  performing       case    management       functions      will
18     promote professionalism, consistency, and public trust.
19(2) It is the intent of the Legislature to improve child welfare
20  outcomes      by      strengthening  accountability,        improving  compliance,
21  protecting due process, and safeguarding federal funding streams.
22Sec. 3.      For purposes of the Case Management Licensure Act:
23(1) Case manager means a social worker, investigator, supervisor, or
24     other individual employed by, or contracted with, the department who
25  performs case management, investigative, or supervisory functions related
26     to child welfare, child protective services, or foster care;
27(2)   Complainant       means        an    individual       affected    by,     or    reporting
28  conduct subject to, review under the Case Management Licensure Act;
29(3) Department means the Department of Health and Human Services;
30(4)   Licensure        means       the     certification      granted        under    the    Case
31 Management       Licensure     Act        authorizing       an   individual     to     perform      case
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1  management duties in the state;
2(5) Malfeasance means intentional misconduct or wrongful conduct,
3  including falsification of records or abuse of authority;
4(6)    Negligence  means        a   failure     to     exercise      reasonable      care
5  consistent with professional standards; and
6(7) Office means the Foster Care Review Office.
7Sec. 4.        (1) No individual shall perform case management in the
8 child welfare system unless licensed pursuant to the Case Management
9    Licensure Act.
10(2) Licensure shall be valid for a period of two years and shall be
11  subject to renewal upon compliance with standards established by the
12  office.
13(3)    The    licensure        requirement       shall      apply   to    all   case   managers
14  regardless  of      employment  classification,  including      employees,
15  contractors, or subcontractors.
16Sec. 5.       (1) The office shall serve as the licensure and oversight
17  authority under the Case Management Licensure Act.
18(2) The office may: (a) Adopt and promulgate rules and regulations
19 necessary to administer and enforce the Case Management Licensure Act;
20     (b) establish professional standards and standard operating procedures
21     for licensed case managers; (c) receive, investigate, and adjudicate
22  complaints;  (d)    impose      disciplinary        actions,    including       suspension    or
23  revocation      of       licensure;  and   (e)   develop     and    administer    the    appeal
24  process described in section 6 of this act.
25Sec.    6.  (1)   The    office      shall    establish      a    formal   process    for
26  reviewing       complaints  and     licensure      infractions,        suspensions,       and
27  revocations.
28(2) An appeal of an initial office finding shall be reviewed within
29  sixty days after the date the appeal is filed.
30(3) The office shall issue a written decision within thirty days
31  after the date the appeal review is completed, which may include (a)
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1     affirmation of the original finding, (b) amendment of the finding, or (c)
2  a determination that the complaint is unfounded.
3(4) A request for amendment of an office decision shall be filed
4  within ten days after the date the decision is issued.
5(5) Amendments shall be granted only upon submission of additional
6    evidence demonstrating that (a) the scope of harm or impact is less than
7    originally determined or (b) the case manager has rectified or reversed
8    the impact of the conduct to the satisfaction of affected parties.
9Sec. 7.        (1) If the office determines that a licensed case manager
10 has     engaged       in      misconduct,  including,        but      not     limited  to    (a)
11     falsification      or     alteration  of       documents,       (b)   submission        or    use    of
12     inaccurate,    misleading,  or       incomplete  information,        whether      verbal      or
13 written, (c) knowingly providing false statements through emails, text
14    messages, reports, or other case-related materials, or (d) any act or
15     omission intended to improperly influence, delay, or affect the outcome
16     of an open or closed case, the office shall impose disciplinary action.
17(2)   Disciplinary  action  under    this        section      may    include  (a)
18  suspension       of     licensure  for        a    defined     period,  (b)    revocation        of
19 licensure,        (c)      conditions  for        reinstatement,  including        additional
20     training, supervision, or a corrective action plan, or (d) permanent
21  disqualification from licensure.
22(3) Revocation of licensure shall be mandatory when the office finds
23  that the misconduct was intentional, reckless, or resulted in substantial
24  harm to a child, a family, a foster parent, or the integrity of the child
25  welfare system.
26(4)   Loss       of     licensure  under        this    section       shall      prohibit        the
27  individual       from        serving       in    any        case     management,        investigative,  or
28  supervisory capacity in the child welfare system.
29(5)   Nothing  in    this    section  shall     be     construed       to    limit      the
30 authority        of     any        other    state  entity     to     act     within        its    lawful
31 jurisdiction.
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1     Sec. 8.      (1) Nothing in the Case Management Licensure Act shall be
2 construed to create state liability for acts or omissions of licensed
3 case managers.
4     (2) Each licensed case manager, investigator, and supervisor shall
5 have an independent duty to act with prudence, diligence, integrity, and
6 fairness as a representative of the state and the department.
7     Sec. 9.      The office, in consultation with the department, shall
8 adopt    standards   to:    (1)    Reduce   the    duration    of     investigations;    (2)
9 require timely notice to families and foster parents of investigations,
10 except where prohibited by law; (3) require weekly updates and clear
11 expectations   during      the    life   cycle    of   an   investigation;      (4)   clearly
12 define    conditions    under      which    investigations      may    remain    open;   (5)
13 prohibit placing foster homes on hold during investigations unless there
14 is definitive evidence of violence or malfeasance, while allowing respite
15 care where appropriate; and (6) require consideration and documentation
16 of foster parent input.
17     Sec. 10.     The office shall electronically submit an annual report to
18 the Legislature and publish the report on the department's website. The
19 report shall include: (1) Licensure activity and disciplinary actions;
20 (2) trends in complaints and investigations; (3) estimated fiscal impacts
21 of unsubstantiated removals, malicious prosecution, or case management
22 misconduct; and (4) progress toward improving efficiency, compliance, and
23 federal Title IV-E funding eligibility.
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