In a new report, Inspector General Julie Rogers says changes in the handling of juvenile offenders have not worked out as lawmakers hoped when they shifted the responsibility from the Department of Health and Human Services to the Office of Probation Administration.

The change occurred statewide in 2013, although probation officials had taken on the responsibility in a few pilot counties previously.

“While no one should expect a perfect juvenile justice system only two years into a reform effort, it is reasonable to assume that there should be movement in the right direction,” Rogers said. “Unfortunately, there is some indication that juvenile justice reform is not on its intended track.”

The 2015 annual report, which is the third one issued by the inspector general, addresses several concerns with the state’s child welfare and juvenile justice systems. Among them:

» Three children died of abuse or neglect in the past year. All three had been the subject of previous child abuse and neglect reports. After investigating, the inspector general recommended changes to prevent future such cases.

» Caseloads for child welfare workers remain high, despite a state law setting caps on caseloads. The inspector general said funding for more staff may be needed.

» Troubled youth are being sent to out-of-state residential facilities, most of which do not offer intense mental health treatment. An interim legislative study is looking at why the state continues to rely on out-of-state placements.

» State court officials have blocked access to information about juvenile offenders, in spite of a state law requiring its disclosure. The information includes a report done by the Council of State Governments, which previously reviewed Nebraska’s adult correctional system.

The Nebraska Supreme Court, which administers probation, had little comment about the inspector general’s report.

“Probation administration is currently reviewing the report for discussion within the judicial branch,” said Janet Bancroft, a spokeswoman for the court system.

State Sen. Bob Krist of Omaha, who had been a leading proponent of the juvenile justice changes, expressed frustration with the probation officials’ lack of openness.

He said he believes that the reform has reduced recidivism and the number of youths sent to detention. But he said probation officials have not provided data to show how well they are doing.

“Why can’t we get the data that we need to get some legislative oversight?” he asked. “If they’re not going to give us the data, then they don’t need the program.”

Gov. Pete Ricketts said he would be happy to talk about what could be done to address the caseload concerns raised in the report. He said he is very interested in making sure HHS does a good job for children while being respectful of taxpayers.

The inspector general’s report says probation has run “unexpected budget deficits,” and juvenile justice costs to the state have increased faster than anticipated since the probation office took over responsibility for juvenile offenders.

The budget for the current fiscal year, which ends June 30, 2016, calls for probation to receive $44 million. That’s $5 million more than had been allocated for HHS. In addition, probation is getting another $7 million because of higher-than-anticipated costs. Probation also requested $7.4 million extra in fiscal 2013-14 and $7 million in 2014-15.

The report notes that the costs increased as youth crime has decreased.

One factor driving costs may be the number of youthful offenders in out-of-home placements, such as detention and group homes.

Rogers said probation reported 1,089 youths in out-of-home placements on a single day in July. That compares with 1,298 youths who spent time in out-of-home care during the year when HHS was last responsible for juvenile offenders.

Rogers noted that yearlong counts include more youths than a single day would include. She said the comparison is not ideal, but it was the best available.

The report says juvenile justice reforms have reduced the number of youngsters placed at the state’s two Youth Rehabilitation and Treatment Centers, in Geneva and Kearney, which continue to fall under HHS.

In regard to the state’s child welfare system, Rogers said high caseloads for workers remain a major obstacle to improving the system of caring for abused and neglected children.

Despite a state law setting caseload caps, workers consistently have higher caseloads, the report says.

Under state law, workers are to handle a maximum of 17 cases on average. As of the end of July, the caseload for ongoing cases was between 20 and 30 families per worker, the report says.

High caseloads contribute to turnover among staff and mean that children and families do not get the time and attention needed to be safe and successful, Rogers said.

“Going forward, Nebraska should closely assess whether HHS has enough resources to meet caseload requirements,” she said.

Kathie Osterman, an HHS spokeswoman, said the department continues to work on recruiting and retaining quality staff.

She said caseload figures vary, depending on worker turnover and fluctuations in child abuse and neglect reports. Newly hired workers have no cases because they are still being trained. Those who have just finished training have reduced caseloads.

As inspector general, Rogers received reports of 21 child deaths and investigated 15 of those. All of those investigated had been in out-of-home care, including day care, or had been in the child welfare system within the previous 12 months, or had been the subject of a child abuse or neglect report within the last 12 months.

Of those, 11 died of medical conditions or sudden infant death syndrome. Three died of abuse or neglect and one died of hypothermia.

The report does not give details about the deaths or identify the children.

State lawmakers created the inspector general position in 2012 as part of their response to a disastrous experiment with child welfare privatization.

The inspector general, who works for the Legislature, is charged with providing independent accountability and oversight of child welfare, including juvenile justice.

Contact the writer: 402-473-9583, martha.stoddard@owh.com