Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY
Chapter 2 - DISCLOSURE OF INFORMANTION
Section 395-2-002 - CONFIDENTIALITY AND RELEASE OF INFORMATION
Current through September 17, 2024
Information will be provided based on the individual's need to know and the individual's involvement with the child or family.
002.01 Information will be provided based on the individual's need to know and the individual's involvement with the child or family. RELEASE OF INFORMATION WITHIN THE DEPARTMENT. Information shared within the Department does not require a signed release.
002.02 RELEASE OF INFORMATION TO LAW ENFORCEMENT.
All reports regarding child abuse or neglect will be released to the appropriate law enforcement agency. The name and identity of the reporting party will be released to the investigating law enforcement agency. The name and identity of the reporting party will be released to the county attorney upon request. When the Attorney General's Office is assessing a case for prosecution or preparing to prosecute a criminal case, the name of the reporting party will be released to them upon request.
The Department will not release the name of the reporting party to anyone other than law enforcement, the county attorney, or Attorney General's Office.
002.03 RELEASE OF INFORMATION REGARDING STATE WARDS.
Once a child is placed in the custody of the Department, parental consent for release of information about the child is no longer required, and the Department will authorize the release of information related solely to the child when it is determined by the Department to be in the child's best interest. Information related to the report of child abuse or neglect will be released in accordance with 395 Nebraska Administrative Code (NAC) Chapter 3.
002.04 FORMER WARD INFORMATION REQUESTS.
The Department will release information regarding the former ward upon written request from the former ward or his or her legal guardian. Information solely regarding other family members will not be provided. If the former ward was adopted, the Department will not release any information identifying the birth family.
002.05 ADOPTION INFORMATION REQUESTS.
Once an adoption decree has been issued by the court and the case is closed, the Department file is closed. Birth family identity will be kept confidential and only be released as permitted by law.
002.06 FORMER WARD ADOPTEE REQUESTS FOR NON-IDENTIFYING INFORMATION.
The Department will release nonidentifying child welfare case record information when a written request is received from a former ward adoptee who has reached the age of majority or from the former ward adoptee's adoptive parents.
002.07 BRIDGE TO INDEPENDENCE PROGRAM REQUESTS FOR INFORMATION.
The Department will release information regarding the Young Adult upon written request from the Young Adult or his or her legal guardian.
