Current through March 20, 2024
003.01
CONFIDENTIALITY.
CONFIDENTIALITY. Information pertaining to or stemming from
contacts, interviews, assessments, and allegation findings related to a report
of child abuse or neglect is confidential and will not be released to any
person except as authorized by state law or when ordered by a court of
competent jurisdiction.
003.02
PERSONS OR AGENCIES
ALLOWED ACCESS TO RECORDS.
The Department will provide copies of the appropriate Central
Registry records to any person legally authorized under Nebraska law. Such
request will be in writing, dated, signed, with proof of identity and will
identify the person's authority to receive such records.
003.03
FORMAT OF
REQUEST.
The request must be submitted utilizing the Department
approved form and must describe with sufficient detail the information
sought.
003.04
REQUEST BY OR ON BEHALF OF A CHILD WHO IS THE SUBJECT OF A REPORT
OF CHILD ABUSE OR NEGLECT.
Upon written request, a subject of the report of child abuse
or neglect or, if such subject is a minor or otherwise legally incompetent, the
legal guardian or guardian ad litem of the subject, is entitled to receive a
copy of all information contained in the Central Registry pertaining to his or
her case. Proof of guardianship must be provided by the legal guardian.
The Department cannot provide all information contained in
the Central Registry to a third party in lieu of the individual authorized to
receive the information. The Department will provide the requested information
directly to the person whose name appears on the Central Registry.
The Department will not release information that it
determines to be harmful or detrimental to a child who is the subject of the
report or that would identify or locate a person who, in good faith, made a
report or cooperated in a subsequent investigation.
003.05
SUMMARY OF FINDINGS AND
ACTIONS.
Upon request, a physician or the person in charge of an
institution, school, facility, or agency making a legally mandated report of
child abuse or neglect will receive a written summary of the findings and
actions taken by the Department in response to such report. The summary will
contain the following information:
1)
Date of the report;
2) Name of the
alleged victim(s);
3) Name of the
alleged perpetrator(s);
4)
Allegation(s); and
5) Whether the
report was unfounded or substantiated.
003.05(A)
SUBSTANTIATED
REPORTS. If the report is substantiated, the summary may include a
description of services offered and provided by the Department.
003.05(B)
SUBSTANCE EXPOSED
INFANTS. If a report made by a hospital or other medical facility
includes information that a newborn infant has been affected by substance use,
withdrawal symptoms from prenatal drug exposure or fetal alcohol spectrum
disorder, the summary provided by the Department may include any additional
information the Department deems necessary for the development of a plan of
safe care for the child.
003.06
CHILD ABUSE AND NEGLECT
CENTRAL REGISTRY CHECKS.
003.06(A)
REQUIREMENTS. Central Registry checks must be
requested utilizing a process approved by the Department. The individual must
use the Central Registry request check form or provide the following
information: individual's name, current address, date of birth, social security
number, the names of any children with whom the subject resided, all names the
individual may have had or used, and former addresses (minimum of city and
state).
003.06(A)(i)
CENTRAL
REGISTRY CHECK DEFINED. A Central Registry check is a review of
the child abuse and neglect Central Registry, a review of the adult abuse and
neglect Central Registry or a review of both registries. The individual
authorizing the Central Registry request check must identify which review is
being authorized.
003.06(B)
AUTHORIZATION. A Central Registry check will not be
performed on an individual's name without the Department first having the
authorization of the individual, unless otherwise provided for in the Nebraska
Revised Statutes.
003.06(B)(ii)
VERIFICATION OF IDENTITY. Every Central Registry
request must include verification of the identity of the person authorizing the
Central Registry request. The Central Registry request check form must be
notarized or the individual must use the Department approved identity proofing
process. Any Central Registry request made by or on behalf of an individual
under the age of 19, must have the minor child's parent or legal guardian's
identity verified.
003.06(C)
SELF
CHECKS. Individuals may request a Central Registry check by
completing and submitting the Central Registry request check form. The Central
Registry request must include verification of the identity of the
individual.
003.06(D)
CENTRAL REGISTRY CHECKS. Individuals who want to
authorize a Central Registry check and have the results of the check sent
directly to a third party must complete and submit the Central Registry request
check form that identifies the third party with whom the results may be shared.
The Central Registry request check form must include verification of the
identity of the individual authorizing the check.
003.06(D)(i) Third parties must enroll with
the Department in order to receive the results of a Central Registry
check.
003.06(E)
RELEASING RESULTS. Information is released from the
Central Registry only when a signed authorization to release information is
obtained from the individual who is the subject of the Central Registry
check.
