Nebraska Foster Sibling Rights Q&A

In July of 2016 it became apparent to our family that there were some problems in the way the Nebraska Department of Health and Human Services was interpreting the rights of siblings in our state when it came to their ability to remain connected when a child entered foster care. We found that while our state law said that siblings were siblings no matter what the status of their parental rights, in practice, our state did not seem to consider biologically related children to still be siblings once one of those children had been adopted. We knew from listening to adult adoptees and from talking with our own adopted children that they still very much wanted connections with their siblings, even if they didn’t have a previous relationship (which is what happens when one child is adopted from foster care, then a sibling is born and placed in foster care). We spent about two years doing research, working with advocacy groups, partnering with our state senator and eventually getting a law passed that protects the rights of those siblings, grants them access to information about their siblings, and allows them to have their voice heard in court.

Our family at the state capitol with the staff of Nebraska Appleseed the day LB1078 passed.

I wanted to communicate the changes in that law to fellow foster and adoptive parents in Nebraska and advocates in other states who are looking to make changes in their own laws. As a mother, I feel genuinely ashamed that we went through multiple sibling separations before we were even aware that our state law clearly stated that our children had rights to contact with their siblings. This is the problem with good laws— if nobody knows they exist (including the juvenile court attorneys), it doesn’t do much good to have them. We are thankful for the changes this law makes, but we know accountability will be necessary and it may need to come through well-informed family members. If we assume the caseworkers or even the lawyers know the ins and outs of all of this, we may be disappointed.

I know sometimes these laws can be complicated, so I asked Sarah Helvey from Nebraska Appleseed to help clarify exactly what this means for foster children and their families. Nebraska Appleseed was the agency that worked tirelessly to offer their legal expertise both in our daughter’s individual case and in crafting the legislative changes. For the majority of our case we worked with Robbie McEwen (far right in the above picture), but Sarah (back row, third from the left in the above picture) is now the go-to person for all things child welfare, so she’ll be sharing her expertise with us.

Sarah, tell us a little bit about your role at Nebraska Appleseed.
I am a Staff Attorney and Director of the Child Welfare Program at Nebraska Appleseed. Nebraska Appleseed is a nonprofit legal advocacy organization that fights for justice and opportunity for all Nebraskans. We take a systemic approach to complex issues including child welfare, immigration policy, affordable healthcare and poverty.

What rights do siblings and their families have now that they didn’t have before?
​Siblings now have the right to have their voice heard in juvenile court.

How can families speak up for their kids and the siblings of their children?
​First of all, families will now be getting more information when the siblings of their children are in foster care, including when they are removed from the home and when their placement is changed.  Too often, families don’t even know that a sibling of their child is in foster care until late in the case and we hope this new law will change that. Sometimes families may not want these notifications, and families can also choose to opt out of receiving them. Second, if a sibling of a child in foster care would like to speak up for their rights, they can file a motion in the juvenile court case asking the judge to order joint-sibling placement or visitation. However, the new law does not specifically permit the sibling to appeal the judge’s decision if the judge denies placement or visitation.

What can foster care agencies do to support their families who are seeking some form of sibling contact?
Foster care agencies can connect families to resources, help children in foster care locate siblings, relatives and other kin, and support ​visitation and facilitate sibling interaction.

What do the lawyers involved need to know about sibling rights?
​Lawyers need to know that ​LB 1078 (2018) changed recent Nebraska Supreme Court precedent to permit siblings to intervene in a juvenile court case for the purpose of seeking placement or visitation. Among other things, LB 1078 also clarifies that the reasonable efforts DHHS must make to place siblings together (unless contrary to the safety or well-being) applies — even if the children have no pre-existing relationship (for example, a newborn). It also specifically requires DHHS to file a sibling placement report with the juvenile court and requires the juvenile court to make findings based on this and other evidence regarding those reasonable efforts.

If a family is dealing with a lawyer who may not know about the changes in sibling rights, what should they do?
The lawyer can call Nebraska Appleseed’s Legal Resource Center​ at 402-438-8853, and we would be happy to talk with them about the changes and how they can advocate for sibling rights!

Nebraska Appleseed has created a fact sheet for parents and here’s where you can find the actual language of the law. Let me know if you have questions or thoughts about this! Even if you are not in a position to care for a sibling of your child, it is a great step forward that we’re able to have access to information about where these kids are placed so we can keep the door open for sibling relationships in the future. Hopefully just having these measures in place will mean more brothers and sisters are able to grow up in the same home or at least with the ability to know each other. That feels like success for our kids who have lost so much. I will keep you updated about any additional developments.