5-015.19 Arranging for Legal Services
473 NAC 5-015.19
When the worker concludes that it is necessary to legally intervene and the family is unable or unwilling to take legal action to protect the client from harm or threatened harm due to action or inaction by another individual or the client himself/herself, the worker shall -
1. Request that the county attorney file a petition for mental health commitment or other protective proceeding, when appropriate; or request that an attorney interested in the well-being of the client file a petition for guardianship or conservatorship, when appropriate;
2. Send a written report detailing the findings of the investigation and the needs assessment to the county attorney or other attorney interested in the well-being of the client. The worker shall include -
a. A summary of the client's current situation including the reason the client appears to be neglected/abused and the reason the client appears to need guardianship, conservator-ship, or mental health commitment;
b. Service unit efforts to provide services and the client's and/or his/her representative's (if any) response to these efforts;
c. Client's living arrangements;
d. Client's income and resources; and
e. Recommendations and tentative plan for the client; and
3. Continue to monitor the client's situation until the county attorney or other attorney interested in the well-being of the client files a petition or takes other action to protect the client.
When the worker determines that the client may need legal services other than protective legal proceedings, the services worker shall refer the client to an appropriate source of legal assistance (e.g., a legal aid agency or the Nebraska Bar Association).