reglab/housing_qa huggingface dataset:
NE Code § 28-349 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-349 - Legislative intent.

28-349.  Legislative intent.The Legislature recognizes the need for the investigation and provision of services to certain persons who are substantially impaired and are unable to protect themselves from abuse, neglect, or exploitation. Often such persons cannot find others able or willing to render assistance. The Legislature intends through the Adult Protective Services Act to establish a program designed to fill this need and to assure the availability of the program to all eligible persons. It is also the intent of the Legislature to authorize the least restriction possible on the exercise of personal and civil rights consistent with the person's need for services.Source   Laws 1988, LB 463, § 2;  Laws 2012, LB1051, § 2. Annotations A public policy exception to the employment-at-will doctrine applies to allow a cause of action for retaliatory discharge when an employee is fired for making a report of abuse as mandated by the Adult Protective Services Act. Wendeln v. Beatrice Manor, 271 Neb. 373, 712 N.W.2d 226 (2006).
NE Code § 28-350 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-350 - Definitions, where found.

28-350.  Definitions, where found.For purposes of the Adult Protective Services Act, unless the context otherwise requires, the definitions found in sections 28-351 to 28-371 shall be used.Source   Laws 1988, LB 463, § 3;  Laws 2012, LB1051, § 3;  Laws 2016, LB934, § 3.
NE Code § 28-351 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-351 - Abuse, defined.

28-351.  Abuse, defined.Abuse means any knowing or intentional act on the part of a caregiver or any other person which results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, or sexual exploitation of a vulnerable adult.Source   Laws 1988, LB 463, § 4;  Laws 2012, LB1051, § 4. Annotations  Under the "evidence of abuse . . . or child abuse or neglect" provision of section 71-6903(3), the pregnant woman must establish that a parent or guardian, who occupies that role in relation to her at the time she files her petition for waiver of parental consent, has either abused her as defined in this section or subjected her to child abuse or neglect as defined in section 28-710. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013). Defendant's conviction of sexual abuse of a vulnerable adult reversed because evidence was insufficient to establish element of sexual contact. State v. Hulshizer, 245 Neb. 244, 512 N.W.2d 372 (1994).
NE Code § 28-352 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-352 - Adult protective services, defined.

28-352.  Adult protective services, defined.Adult protective services means those services provided by the department for the prevention, correction, or discontinuance of abuse, neglect, or exploitation. Such services shall be those necessary and appropriate under the circumstances to protect an abused, neglected, or exploited vulnerable adult, ensure that the least restrictive alternative is provided, prevent further abuse, neglect, or exploitation, and promote self-care and independent living. Such services shall include, but not be limited to: (1) Receiving and investigating reports of alleged abuse, neglect, or exploitation; (2) developing social service plans; (3) arranging for the provision of services such as medical care, mental health care, legal services, fiscal management, housing, or home health care; (4) arranging for the provision of items such as food, clothing, or shelter; and (5) arranging or coordinating services for caregivers.Source   Laws 1988, LB 463, § 5;  Laws 2012, LB1051, § 5.
NE Code § 28-353 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-353 - Caregiver, defined.

28-353.  Caregiver, defined.Caregiver shall mean any person or entity which has assumed the responsibility for the care of a vulnerable adult voluntarily, by express or implied contract, or by order of a court of competent jurisdiction.Source  Laws 1988, LB 463, § 6. Annotations This section does not limit family caregiver status to an order of court or express or implied contract. This section also includes reference to any person who has assumed responsibility for the care of a vulnerable adult voluntarily. State v. Boyd, 28 Neb. App. 874, 949 N.W.2d 540 (2020).
NE Code § 28-354 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-354 - Cruel punishment, defined.

28-354.  Cruel punishment, defined.Cruel punishment shall mean punishment which intentionally causes physical injury to a vulnerable adult.Source  Laws 1988, LB 463, § 7.
NE Code § 28-355 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-355 - Transferred to section 28-361.01.

28-355.  Transferred to section 28-361.01.
NE Code § 28-356 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-356 - Department, defined.

28-356.  Department, defined.Department shall mean the Department of Health and Human Services.Source   Laws 1988, LB 463, § 9;   Laws 1996, LB 1044, § 65;  Laws 2006, LB 994, § 51;  Laws 2007, LB296, § 31.
NE Code § 28-357 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-357 - Essential services, defined.

28-357.  Essential services, defined.Essential services shall mean those services necessary to safeguard the person or property of a vulnerable adult. Such services shall include, but not be limited to, sufficient and appropriate food and clothing, temperate and sanitary shelter, treatment for physical needs, and proper supervision.Source  Laws 1988, LB 463, § 10.
NE Code § 28-358 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-358 - Exploitation, defined.

28-358.  Exploitation, defined.Exploitation means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult.Source   Laws 1988, LB 463, § 11;  Laws 2012, LB1051, § 6;  Laws 2016, LB934, § 4.
NE Code § 28-358.01 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-358.01 - Isolation, defined.

28-358.01.  Isolation, defined.(1) Isolation means intentional acts (a) committed for the purpose of preventing, and which do prevent, a vulnerable adult or senior adult from having contact with family, friends, or concerned persons, (b) committed to prevent a vulnerable adult or senior adult from receiving his or her mail or telephone calls, (c) of physical or chemical restraint of a vulnerable adult or senior adult committed for purposes of preventing contact with visitors, family, friends, or other concerned persons, or (d) which restrict, place, or confine a vulnerable adult or senior adult in a restricted area for purposes of social deprivation or preventing contact with family, friends, visitors, or other concerned persons.(2) Isolation does not include (a) medical isolation prescribed by a licensed physician caring for the vulnerable adult or senior adult, (b) action taken in compliance with a harassment protection order issued pursuant to section 28-311.09, a valid foreign harassment protection order recognized pursuant to section 28-311.10, a sexual assault protection order issued pursuant to section 28-311.11, a valid foreign sexual assault protection order recognized pursuant to section 28-311.12, an order issued pursuant to section 42-924, an ex parte order issued pursuant to section 42-925, an order excluding a person from certain premises issued pursuant to section 42-357, or a valid foreign protection order recognized pursuant to section 42-931, or (c) action authorized by an administrator of a nursing home pursuant to section 71-6021.Source  Laws 2016, LB934, § 5;  Laws 2017, LB289, § 6.
NE Code § 28-359 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-359 - Law enforcement agency, defined.

28-359.  Law enforcement agency, defined.Law enforcement agency shall mean the police department or the town marshal in incorporated municipalities, the office of the sheriff in unincorporated areas, and the Nebraska State Patrol.Source  Laws 1988, LB 463, § 12.
NE Code § 28-360 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-360 - Least restrictive alternative, defined.

28-360.  Least restrictive alternative, defined.Least restrictive alternative shall mean adult protective services provided in a manner no more restrictive of a vulnerable adult's liberty and no more intrusive than necessary to achieve and ensure essential services.Source  Laws 1988, LB 463, § 13.
NE Code § 28-361 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-361 - Living independently, defined.

28-361.  Living independently, defined.Living independently shall include, but not be limited to, using the telephone, shopping, preparing food, housekeeping, and administering medications.Source  Laws 1988, LB 463, § 14.
NE Code § 28-361.01 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-361.01 - Neglect, defined.

28-361.01.  Neglect, defined.Neglect means any knowing or intentional act or omission on the part of a caregiver to provide essential services or the failure of a vulnerable adult, due to physical or mental impairments, to perform self-care or obtain essential services to such an extent that there is actual physical injury to a vulnerable adult or imminent danger of the vulnerable adult suffering physical injury or death.Source   Laws 1988, LB 463, § 8;   R.S.1943, (2008), § 28-355;  Laws 2012, LB1051, § 7.
NE Code § 28-362 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-362 - Permit, defined.

28-362.  Permit, defined.Permit shall mean to allow a vulnerable adult over whom one has a proximate or direct degree of control to perform an act or acts or be in a situation which the controlling person could have prevented by the reasonable exercise of such control.Source  Laws 1988, LB 463, § 15.
NE Code § 28-363 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-363 - Physical injury, defined.

28-363.  Physical injury, defined.Physical injury shall mean damage to bodily tissue caused by nontherapeutic conduct, including, but not limited to, fractures, bruises, lacerations, internal injuries, or dislocations, and shall include, but not be limited to, physical pain, illness, or impairment of physical function.Source  Laws 1988, LB 463, § 16.
NE Code § 28-364 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-364 - Proper supervision, defined.

28-364.  Proper supervision, defined.Proper supervision shall mean care and control of a vulnerable adult which a reasonable and prudent person would exercise under similar facts and circumstances.Source  Laws 1988, LB 463, § 17.
NE Code § 28-365 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-365 - Registry, defined.

28-365.  Registry, defined.Registry shall mean the Adult Protective Services Central Registry established by section 28-376.Source  Laws 1988, LB 463, § 18.
NE Code § 28-366 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-366 - Self-care, defined.

28-366.  Self-care, defined.Self-care shall include, but not be limited to, personal hygiene, eating, and dressing.Source  Laws 1988, LB 463, § 19.
NE Code § 28-366.01 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-366.01 - Senior adult, defined.

28-366.01.  Senior adult, defined.Senior adult means any person sixty-five years of age or older.Source Laws 2016, LB934, § 6.
NE Code § 28-367 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-367 - Sexual abuse, defined.

28-367.  Sexual abuse, defined.Sexual abuse shall include sexual assault as described in section 28-319 or 28-320 and incest as described in section 28-703.Source  Laws 1988, LB 463, § 20. Annotations Defendant's conviction of sexual abuse of a vulnerable adult reversed because evidence was insufficient to establish element of sexual contact. State v. Hulshizer, 245 Neb. 244, 512 N.W.2d 372 (1994).
NE Code § 28-367.01 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-367.01 - Sexual exploitation, defined.

28-367.01.  Sexual exploitation, defined.Sexual exploitation includes, but is not limited to, a violation of section 28-311.08 and causing, allowing, permitting, inflicting, or encouraging a vulnerable adult to engage in voyeurism, in exhibitionism, in prostitution, or in the lewd, obscene, or pornographic photographing, filming, or depiction of the vulnerable adult.Source  Laws 2012, LB1051, § 8;  Laws 2014, LB998, § 3.
NE Code § 28-368 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-368 - Substantial functional impairment, defined.

28-368.  Substantial functional impairment, defined.Substantial functional impairment shall mean a substantial incapability, because of physical limitations, of living independently or providing self-care as determined through observation, diagnosis, investigation, or evaluation.Source  Laws 1988, LB 463, § 21.
NE Code § 28-369 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-369 - Substantial mental impairment, defined.

28-369.  Substantial mental impairment, defined.Substantial mental impairment shall mean a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, or ability to live independently or provide self-care as revealed by observation, diagnosis, investigation, or evaluation.Source  Laws 1988, LB 463, § 22.
NE Code § 28-370 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-370 - Unreasonable confinement, defined.

28-370.  Unreasonable confinement, defined.Unreasonable confinement means confinement which intentionally causes physical injury to a vulnerable adult or false imprisonment as described in section 28-314 or 28-315.Source   Laws 1988, LB 463, § 23;  Laws 2012, LB1051, § 9.
NE Code § 28-371 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-371 - Vulnerable adult, defined.

28-371.  Vulnerable adult, defined.Vulnerable adult means any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code.Source   Laws 1988, LB 463, § 24;  Laws 2016, LB934, § 7.  Cross References  Nebraska Probate Code, see section 30-2201.
NE Code § 28-373 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-373 - Report of abuse, neglect, or exploitation; law enforcement agency; duties.

28-373.  Report of abuse, neglect, or exploitation; law enforcement agency; duties.(1) Upon the receipt of a report concerning abuse, neglect, or exploitation pursuant to section 28-372, it shall be the duty of the law enforcement agency (a) to make an investigation if deemed warranted because of alleged violations of section 28-386, (b) to take immediate steps, if necessary, to protect the vulnerable adult, and (c) to institute legal proceedings if appropriate. The law enforcement agency shall notify the department if an investigation is undertaken. Such notification shall be made no later than the next working day following receipt of the report.(2) The law enforcement agency shall make a written report or a case summary to the department of all investigated cases of abuse, neglect, or exploitation and action taken with respect to all such cases.Source   Laws 1988, LB 463, § 26;  Laws 2012, LB1051, § 11.
NE Code § 28-374 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-374 - Alleged abuse, neglect, or exploitation; department; duties.

28-374.  Alleged abuse, neglect, or exploitation; department; duties.(1) The department shall investigate each case of alleged abuse, neglect, or exploitation of a vulnerable adult and shall provide such adult protective services as are necessary and appropriate under the circumstances.(2) In each case of alleged abuse, neglect, or exploitation, the department may make a request for further assistance from the appropriate law enforcement agency or initiate such action as may be appropriate under the circumstances.(3) The department shall make a written report or case summary to the appropriate law enforcement agency and to the registry of all reported cases of abuse, neglect, or exploitation and action taken.(4) The department shall deliver a written report or case summary to the appropriate county attorney if the investigation indicates a reasonable cause to believe that a violation of section 28-386 has occurred.Source   Laws 1988, LB 463, § 27;  Laws 2012, LB1051, § 12;  Laws 2016, LB934, § 8.
NE Code § 28-374.01 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-374.01 - Alleged abuse, neglect, or exploitation; completion of investigation; decision regarding entry into registry; notice; contents; right to amend or expunge information.

28-374.01.  Alleged abuse, neglect, or exploitation; completion of investigation; decision regarding entry into registry; notice; contents; right to amend or expunge information.(1) Upon completion of the investigation pursuant to sections 28-373 and 28-374, the person who allegedly abused, neglected, or exploited a vulnerable adult shall be given written notice of the determination of the investigation and whether the person who allegedly abused, neglected, or exploited a vulnerable adult will be entered into the registry.(2) If the person who allegedly abused, neglected, or exploited a vulnerable adult will be entered into the registry, the notice shall be sent by certified mail with return receipt requested or first-class mail to the last-known address of the person who allegedly abused, neglected, or exploited a vulnerable adult and shall include:(a) The nature of the report;(b) The classification of the report; and(c) The right of the person who allegedly abused, neglected, or exploited a vulnerable adult to request the department to amend or expunge identifying information from the report or to remove the substantiated report from the registry in accordance with section 28-380.(3) If the person who allegedly abused, neglected, or exploited a vulnerable adult will not be entered into the registry, the notice shall be sent by first-class mail and shall include:(a) The nature of the report; and(b) The classification of the report.Source Laws 2012, LB1051, § 13.
NE Code § 28-375 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-375 - Immunity from liability; when.

28-375.  Immunity from liability; when.Any person participating in an investigation or the making of a report pursuant to the Adult Protective Services Act or participating in a judicial proceeding resulting therefrom shall be immune from any liability except (1) as otherwise provided in the Adult Protective Services Act, (2) for malfeasance in office or willful or wanton neglect of duty, or (3) for false statements of fact made with malicious intent.Source  Laws 1988, LB 463, § 28.
NE Code § 28-376 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-376 - Adult Protective Services Central Registry; established; access; name-change order; treatment.

28-376.  Adult Protective Services Central Registry; established; access; name-change order; treatment.(1) The department shall establish and maintain an Adult Protective Services Central Registry which shall contain any substantiated report regarding a person who has allegedly abused, neglected, or exploited a vulnerable adult.(2) Upon request, a vulnerable adult who is the subject of a report or, if the vulnerable adult is legally incapacitated, the guardian or guardian ad litem of the vulnerable adult and the person who has allegedly abused, neglected, or exploited the vulnerable adult shall be entitled to receive a copy of all information contained in the registry pertaining to such report. The department shall not release data that would be harmful or detrimental to the vulnerable adult or that would identify or locate a person who, in good faith, made a report or cooperated in a subsequent investigation unless ordered to do so by a court of competent jurisdiction.(3) The department shall establish classifications for all cases in the registry.(4) The department shall determine whether a name-change order received from the clerk of a district court pursuant to section 25-21,271 is for a person on the Adult Protective Services Central Registry and, if so, shall include the changed name with the former name in the registry and file or cross-reference the information under both names.Source   Laws 1988, LB 463, § 29;  Laws 2010, LB147, § 2;  Laws 2012, LB1051, § 14.
NE Code § 28-377 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-377 - Records relating to abuse; access.

28-377.  Records relating to abuse; access.Except as otherwise provided in sections 28-376 to 28-380, no person, official, or agency shall have access to the records relating to abuse unless in furtherance of purposes directly connected with the administration of the Adult Protective Services Act and section 28-726. Persons, officials, and agencies having access to such records shall include, but not be limited to:(1) A law enforcement agency investigating a report of known or suspected abuse;(2) A county attorney in preparation of an abuse petition;(3) A physician who has before him or her a person whom he or she reasonably suspects may be abused;(4) An agency having the legal responsibility or authorization to care for, treat, or supervise an abused vulnerable adult;(5) Defense counsel in preparation of the defense of a person charged with abuse;(6) Any person engaged in bona fide research or auditing, except that no information identifying the subjects of the report shall be made available to the researcher or auditor. The researcher shall be charged for any costs of such research incurred by the department at a rate established by rules and regulations adopted and promulgated by the department;(7) The designated protection and advocacy system authorized pursuant to the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. 6000, as the act existed on September 1, 2001, and the Protection and Advocacy for Mentally Ill Individuals Act, 42 U.S.C. 10801, as the act existed on September 1, 2001, acting upon a complaint received from or on behalf of a person with developmental disabilities or mental illness; and(8) The department, as required or authorized by state law, federal law, federal regulation, or applicable federal program provisions and in furtherance of its programs.Source   Laws 1988, LB 463, § 30;   Laws 1992, LB 643, § 1;  Laws 2001, LB 214, § 1;  Laws 2007, LB296, § 33;  Laws 2020, LB1148, § 1.