reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3906 - Contents of petition.

43-3906.
Contents of petition.
A petition under the Uniform Child Abduction Prevention Act must be verified and include a copy of any existing child custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in section 43-3907. Subject to subsection (e) of section 43-1246, if reasonably ascertainable, the petition must contain:
(1) the name, date of birth, and gender of the child;
(2) the customary address and current physical location of the child;
(3) the identity, customary address, and current physical location of the respondent;
(4) a statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action;
(5) a statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case; and
(6) any other information required to be submitted to the court for a child custody determination under section 43-1246.
Source
Laws 2007, LB341, § 6.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3909 - Warrant to take physical custody of child.

43-3909.
Warrant to take physical custody of child.
(a) If a petition under the Uniform Child Abduction Prevention Act contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.
(b) The respondent on a petition under subsection (a) of this section must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
(c) An ex parte warrant under subsection (a) of this section to take physical custody of a child must:
(1) recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;
(2) direct law enforcement officers to take physical custody of the child immediately;
(3) state the date and time for the hearing on the petition; and
(4) provide for the safe interim placement of the child pending further order of the court.
(d) If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
(e) The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.
(f) A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
(g) If the court finds, after a hearing, that a petitioner sought an ex parte warrant under subsection (a) of this section for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney's fees, costs, and expenses.
(h) The act does not affect the availability of relief allowed under the law of this state other than the act.
Source
Laws 2007, LB341, § 9.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3910 - Duration of abduction prevention order.

43-3910.
Duration of abduction prevention order.
An abduction prevention order remains in effect until the earliest of:
(1) the time stated in the order;
(2) the emancipation of the child;
(3) the child's attaining eighteen years of age; or
(4) the time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under sections 43-1238 to 43-1240.
Source
Laws 2007, LB341, § 10.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3911 - Uniformity of application and construction.

43-3911.
Uniformity of application and construction.
In applying and construing the Uniform Child Abduction Prevention Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source
Laws 2007, LB341, § 11.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3912 - Relation to federal Electronic Signatures in Global and National Commerce Act.

43-3912.
Relation to federal Electronic Signatures in Global and National Commerce Act.
The Uniform Child Abduction Prevention Act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of such act, 15 U.S.C. 7001(c), of such act or authorize electronic delivery of any of the notices described in section 103(b) of such act, 15 U.S.C. 7003(b).
Source
Laws 2007, LB341, § 12.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4001 - Children's Behavioral Health Task Force; created; members; expenses; chairperson.

43-4001.
Children's Behavioral Health Task Force; created; members; expenses; chairperson.
(1) The Children's Behavioral Health Task Force is created. The task force shall consist of the following members:
(a) The chairperson of the Health and Human Services Committee of the Legislature or another member of the committee as his or her designee;
(b) The chairperson of the Appropriations Committee of the Legislature or another member of the committee as his or her designee;
(c) Two providers of community-based behavioral health services to children, appointed by the chairperson of the Health and Human Services Committee of the Legislature;
(d) One regional administrator appointed under section 71-808, appointed by the chairperson of the Health and Human Services Committee of the Legislature;
(e) Two representatives of organizations advocating on behalf of consumers of children's behavioral health services and their families, appointed by the chairperson of the Health and Human Services Committee of the Legislature;
(f) One juvenile court judge, appointed by the Chief Justice of the Supreme Court; and
(g) The probation administrator or his or her designee.
(2) Members of the task force shall serve without compensation but shall be reimbursed from the Nebraska Health Care Cash Fund for expenses as provided in sections 81-1174 to 81-1177.
(3) The chairperson of the Health and Human Services Committee of the Legislature or his or her designee shall serve as chairperson of the task force. Administrative and staff support for the task force shall be provided by the Health and Human Services Committee of the Legislature and the Appropriations Committee of the Legislature.
Source
Laws 2007, LB542, § 1;
Laws 2008, LB928, § 14;
Laws 2009, LB540, § 1;
Laws 2020, LB381, § 35.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4003 - Children's Behavioral Health Task Force; duties.

43-4003.
Children's Behavioral Health Task Force; duties.
The Children's Behavioral Health Task Force will oversee implementation of the children's behavioral health plan until June 30, 2010, at which time the task force shall submit to the Governor and the Legislature a recommendation regarding the necessity of continuing the task force.
Source
Laws 2007, LB542, § 3.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4101 - Nebraska Juvenile Service Delivery Project; established; purpose; evaluation; reimbursement for costs; Department of Health and Human Services; duties.

43-4101.
Nebraska Juvenile Service Delivery Project; established; purpose; evaluation; reimbursement for costs; Department of Health and Human Services; duties.
(1) The Nebraska Juvenile Service Delivery Project shall be established as a pilot program administered by the Office of Probation Administration. The pilot program shall be evaluated by the University of Nebraska Medical Center's College of Public Health. The project may be expanded by the Office of Probation Administration. The purpose of the pilot program is to (a) provide access to services in the community for juveniles placed on probation, (b) prevent unnecessary commitment of juveniles to the Department of Health and Human Services and to the Office of Juvenile Services, (c) eliminate barriers preventing juveniles from receiving needed services, (d) prevent unnecessary penetration of juveniles further into the juvenile justice system, (e) enable the juvenile's needs to be met in the least intrusive and least restrictive manner while maintaining the safety of the juvenile and the community, (f) reduce the duplication of resources within the juvenile justice system through intense coordinated case management and supervision, and (g) use evidence-based practices and responsive case management to improve outcomes for adjudicated juveniles.
(2) On or before July 1, 2013, the Department of Health and Human Services shall apply for reimbursement under Title IV-E of the federal Social Security Act, as amended, for reimbursable costs associated with the Nebraska Juvenile Service Delivery Project. The reimbursed funds received by the department shall be remitted to the State Treasurer for credit to the Probation Program Cash Fund for reimbursement of expenses incurred by the Office of Probation Administration pursuant to the Nebraska Juvenile Service Delivery Project.
Source
Laws 2012, LB985, § 1;
Laws 2013, LB269, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4102 - Nebraska Juvenile Service Delivery Project; expansion; funding; information-sharing process; established.

43-4102.
Nebraska Juvenile Service Delivery Project; expansion; funding; information-sharing process; established.
(1) It is the intent of the Legislature that the Nebraska Juvenile Service Delivery Project, established as a pilot program under section 43-4101 within the Office of Probation Administration, be expanded statewide in a three-step, phase-in process beginning July 1, 2013, with full implementation by July 1, 2014. The expansion of the project will result in the Office of Probation Administration taking over the duties of the Office of Juvenile Services with respect to its previous functions of community supervision and parole of juvenile law violators and of evaluations for such juveniles. The Office of Juvenile Services shall continue for the purpose of operating the youth rehabilitation and treatment centers and the care and custody of the juveniles placed at such centers. Expansion of the project shall be funded by the transfer of funds from the Department of Health and Human Services and the Office of Juvenile Services used to fully fund community-based services and juvenile parole to the Office of Probation Administration.
(2) There shall be established through the use of technology an information-sharing process to support and enhance the exchange of information between the Department of Health and Human Services, the Office of Probation Administration, and the Nebraska Commission on Law Enforcement and Criminal Justice. It is the intent of the Legislature to appropriate two hundred fifty thousand dollars from the General Fund to the Office of Probation Administration to facilitate the information-sharing process.
(3) Costs incurred on behalf of juveniles under the Nebraska Juvenile Service Delivery Project shall be paid as provided in section 43-290.01.
Source
Laws 2013, LB561, § 55;
Laws 2014, LB464, § 32.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4201 - Legislative findings, declarations, and intent.

43-4201.
Legislative findings, declarations, and intent.
(1) The Legislature finds and declares that:
(a) The Health and Human Services Committee of the Legislature documented serious problems with the child welfare system in its 2011 report of the study that was conducted under Legislative Resolution 37, One Hundred Second Legislature, First Session, 2011;
(b) Improving the safety and well-being of Nebraska's children and families is a critical priority which must guide policy decisions in a variety of areas;
(c) To improve the safety and well-being of children and families in Nebraska, the legislative, judicial, and executive branches of government must work together to ensure:
(i) The integration, coordination, and accessibility of all services provided to children and families by the state, whether directly or pursuant to contract;
(ii) Reasonable access to appropriate services statewide and efficiency in service delivery; and
(iii) The availability of accurate and complete data as well as ongoing data analysis to identify important trends and problems as they arise; and
(d) As the primary state agency serving children and families, the Department of Health and Human Services must exemplify leadership, responsiveness, transparency, and efficiency and program managers within the agency must strive cooperatively to ensure that their programs view the needs of children and families comprehensively as a system rather than individually in isolation, including pooling funding when possible and appropriate.
(2) It is the intent of the Legislature in creating the Nebraska Children's Commission to provide for the needs identified in subsection (1) of this section, to provide strategic priorities for research or policy development within the child welfare system and juvenile justice system, and to provide a structure to the commission that maintains the framework of the three branches of government and their respective powers and duties.
Source
Laws 2012, LB821, § 1;
Laws 2019, LB600, § 3.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4204 - Strategic child welfare priorities for research or policy development.

43-4204.
Strategic child welfare priorities for research or policy development.
The Nebraska Children's Commission shall determine three to five strategic child welfare priorities for research or policy development for each biennium to carry out the legislative intent stated in section 43-4201 for child welfare program and service reform in Nebraska. In determining the strategic child welfare priorities, the commission shall consider the findings and recommendations set forth in the annual report of the Foster Care Review Board, the annual report of the Office of Inspector General for Child Welfare, and the federal Child and Family Services Reviews outcomes.
Source
Laws 2012, LB821, § 4;
Laws 2019, LB600, § 6.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4206 - Department of Health and Human Services; Office of Probation Administration; cooperate with Nebraska Children's Commission.

43-4206.
Department of Health and Human Services; Office of Probation Administration; cooperate with Nebraska Children's Commission.
The Department of Health and Human Services and the Office of Probation Administration shall fully cooperate with the Nebraska Children's Commission. The department shall provide to the commission all requested information on children and juveniles in Nebraska, including, but not limited to, departmental reports, data, programs, processes, finances, and policies.
Source
Laws 2012, LB821, § 6;
Laws 2019, LB600, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4207 - Nebraska Children's Commission; report; hearing.

43-4207.
Nebraska Children's Commission; report; hearing.
The Nebraska Children's Commission shall annually provide a written report to the Governor and an electronic report to the Health and Human Services Committee of the Legislature defining its strategic child welfare priorities and progress toward addressing such priorities, summarizing reports from each committee and subcommittee of the commission, and making recommendations on or before September 1 of each year. The commission shall present a summary of such report in an annual public hearing before the Health and Human Services Committee of the Legislature on or before December 1 of each year.
Source
Laws 2012, LB821, § 7;
Laws 2015, LB87, § 2;
Laws 2018, LB732, § 2;
Laws 2019, LB600, § 8.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4216 - Foster Care Reimbursement Rate Committee; created; members; terms; vacancies.

43-4216.
Foster Care Reimbursement Rate Committee; created; members; terms; vacancies.
(1) The Foster Care Reimbursement Rate Committee is created. The committee shall be convened at least once every four years.
(2) The Foster Care Reimbursement Rate Committee shall consist of no fewer than nine members, including:
(a) The following voting members: (i) Representatives from a child welfare agency that contracts directly with foster parents, from each of the service areas designated pursuant to section 81-3116; (ii) a representative from an advocacy organization which deals with legal and policy issues that include child welfare; (iii) a representative from an advocacy organization, the singular focus of which is issues impacting children; (iv) a representative from a foster and adoptive parent association; (v) a representative from a lead agency; (vi) a representative from a child advocacy organization that supports young adults who were in foster care as children; (vii) a foster parent who contracts directly with the Department of Health and Human Services; and (viii) a foster parent who contracts with a child welfare agency; and
(b) The following nonvoting, ex officio members: (i) The chief executive officer of the Department of Health and Human Services or his or her designee and (ii) representatives from the Division of Children and Family Services of the department from each service area designated pursuant to section 81-3116, including at least one division employee with a thorough understanding of the current foster care payment system and at least one division employee with a thorough understanding of the N-FOCUS electronic data collection system. The nonvoting, ex officio members of the committee may attend committee meetings and participate in discussions of the committee and shall gather and provide information to the committee on the policies, programs, and processes of each of their respective bodies. The nonvoting, ex officio members shall not vote on decisions or recommendations by the committee.
(3) Members of the committee shall serve for terms of four years and until their successors are appointed and qualified. The Nebraska Children's Commission shall appoint the members of the committee and the chairperson of the committee and may fill vacancies on the committee as they occur.
Source
Laws 2013, LB530, § 3;
Laws 2019, LB600, § 9.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4217 - Foster Care Reimbursement Rate Committee; duties; reports.

43-4217.
Foster Care Reimbursement Rate Committee; duties; reports.
(1) The Foster Care Reimbursement Rate Committee created in section 43-4216 shall review and make recommendations in the following areas: Foster care reimbursement rates, the statewide standardized level of care assessment, and adoption assistance payments as required by section 43-117. In making recommendations to the Legislature, the committee shall use the then-current foster care reimbursement rates as the beginning standard for setting reimbursement rates. The committee shall adjust the standard to reflect the reasonable cost of achieving measurable outcomes for all children in foster care in Nebraska. The committee shall (a) analyze then-current consumer expenditure data reflecting the costs of caring for a child in Nebraska, (b) identify and account for additional costs specific to children in foster care, and (c) apply a geographic cost-of-living adjustment for Nebraska. The reimbursement rate structure shall comply with funding requirements related to Title IV-E of the federal Social Security Act, as amended, and other federal programs as appropriate to maximize the utilization of federal funds to support foster care.
(2) The committee shall review the role and effectiveness of and make recommendations on the statewide standardized level of care assessment containing standardized criteria to determine a foster child's placement needs and to identify the appropriate foster care reimbursement rate. The committee shall review other states' assessment models and foster care reimbursement rate structures in completing the statewide standardized level of care assessment review and the standard statewide foster care reimbursement rate structure. The committee shall ensure the statewide standardized level of care assessment and the standard statewide foster care reimbursement rate structure provide incentives to tie performance in achieving the goals of safety, maintaining family connection, permanency, stability, and well-being to reimbursements received. The committee shall review and make recommendations on assistance payments to adoptive parents as required by section 43-117. The committee shall make recommendations to ensure that changes in foster care reimbursement rates do not become a disincentive to permanency.
(3) The Foster Care Reimbursement Rate Committee shall provide electronic reports with its recommendation to the Health and Human Services Committee of the Legislature on July 1, 2016, and every four years thereafter.
Source
Laws 2013, LB530, § 4;
Laws 2019, LB600, § 10.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4219 - Foster care reimbursement rates; increases; legislative intent.

43-4219.
Foster care reimbursement rates; increases; legislative intent.
It is the intent of the Legislature that beginning July 1, 2021, the Division of Children and Family Services of the Department of Health and Human Services shall implement a two-percent increase to foster care reimbursement rates for fiscal year 2021-22 and beginning July 1, 2022, the division shall implement a two-percent increase to foster care reimbursement rates for fiscal year 2022-23.
Source
Laws 2021, LB100, § 3.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4301 - Act, how cited.

43-4301.
Act, how cited.
Sections 43-4301 to 43-4332 shall be known and may be cited as the Office of Inspector General of Nebraska Child Welfare Act.
Source
Laws 2012, LB821, § 8;
Laws 2015, LB347, § 4;
Laws 2017, LB207, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4302 - Legislative intent.

43-4302.
Legislative intent.
(1) It is the intent of the Legislature to:
(a) Establish a full-time program of investigation and performance review to provide increased accountability and oversight of the Nebraska child welfare system;
(b) Assist in improving operations of the Nebraska child welfare system;
(c) Provide an independent form of inquiry for concerns regarding the actions of individuals and agencies responsible for the care and protection of children and youth in the Nebraska child welfare system. Confusion of the roles, responsibilities, and accountability structures between individuals, private contractors, branches of government, and agencies in the current system make it difficult to monitor and oversee the Nebraska child welfare system; and
(d) Provide a process for investigation and review to determine if individual complaints and issues of investigation and inquiry reveal a problem in the child welfare system, not just individual cases, that necessitates legislative action for improved policies and restructuring of the child welfare system.
(2) It is not the intent of the Legislature in enacting the Office of Inspector General of Nebraska Child Welfare Act to interfere with the duties of the Legislative Auditor or the Legislative Fiscal Analyst or to interfere with the statutorily defined investigative responsibilities or prerogatives of any officer, agency, board, bureau, commission, association, society, or institution of the executive branch of state government, except that the act does not preclude an inquiry on the sole basis that another agency has the same responsibility. The act shall not be construed to interfere with or supplant the responsibilities or prerogatives of the Governor to investigate, monitor, and report on the activities of the agencies, boards, bureaus, commissions, associations, societies, and institutions of the executive branch under his or her administrative direction.
Source
Laws 2012, LB821, § 9;
Laws 2013, LB39, § 1;
Laws 2015, LB347, § 5.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4303 - Definitions; where found.

43-4303.
Definitions; where found.
For purposes of the Office of Inspector General of Nebraska Child Welfare Act, the definitions found in sections 43-4304 to 43-4316 apply.
Source
Laws 2012, LB821, § 10;
Laws 2015, LB347, § 6.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4304 - Administrator, defined.

43-4304.
Administrator, defined.
Administrator means a person charged with administration of a program, an office, or a division of the department or administration of a private agency or licensed child care facility, the probation administrator, or the executive director.
Source
Laws 2012, LB821, § 11;
Laws 2015, LB347, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4308 - Licensed child care facility, defined.

43-4308.
Licensed child care facility, defined.
Licensed child care facility means a facility or program licensed under the Child Care Licensing Act, the Children's Residential Facilities and Placing Licensure Act, or sections 71-1901 to 71-1906.01.
Source
Laws 2012, LB821, § 15;
Laws 2013, LB265, § 36.
Cross References
Child Care Licensing Act, see section 71-1908.
Children's Residential Facilities and Placing Licensure Act, see section 71-1924.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4309 - Malfeasance, defined.

43-4309.
Malfeasance, defined.
Malfeasance means a wrongful act that the actor has no legal right to do or any wrongful conduct that affects, interrupts, or interferes with performance of an official duty.
Source
Laws 2012, LB821, § 16.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4312 - Obstruction, defined.

43-4312.
Obstruction, defined.
Obstruction means hindering an investigation, preventing an investigation from progressing, stopping or delaying the progress of an investigation, or making the progress of an investigation difficult or slow.
Source
Laws 2012, LB821, § 19.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4314 - Private agency, defined.

43-4314.
Private agency, defined.
Private agency means a child welfare agency that contracts with the department or the Office of Probation Administration or contracts to provide services to another child welfare agency that contracts with the department or the Office of Probation Administration.
Source
Laws 2012, LB821, § 21;
Laws 2013, LB561, § 57.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4315 - Record, defined.

43-4315.
Record, defined.
Record means any recording, in written, audio, electronic transmission, or computer storage form, including, but not limited to, a draft, memorandum, note, report, computer printout, notation, or message, and includes, but is not limited to, medical records, mental health records, case files, clinical records, financial records, and administrative records.
Source
Laws 2012, LB821, § 22.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4316 - Responsible individual, defined.

43-4316.
Responsible individual, defined.
Responsible individual means a foster parent, a relative provider of foster care, or an employee of the department, the juvenile services division, the commission, a foster home, a private agency, a licensed child care facility, or another provider of child welfare programs and services responsible for the care or custody of records, documents, and files.
Source
Laws 2012, LB821, § 23;
Laws 2015, LB347, § 12.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4317 - Office of Inspector General of Nebraska Child Welfare; created; purpose; Inspector General; appointment; term; certification; employees; removal.

43-4317.
Office of Inspector General of Nebraska Child Welfare; created; purpose; Inspector General; appointment; term; certification; employees; removal.
(1) The office of Inspector General of Nebraska Child Welfare is created within the office of Public Counsel for the purpose of conducting investigations, audits, inspections, and other reviews of the Nebraska child welfare system. The Inspector General shall be appointed by the Public Counsel with approval from the chairperson of the Executive Board of the Legislative Council and the chairperson of the Health and Human Services Committee of the Legislature.
(2) The Inspector General shall be appointed for a term of five years and may be reappointed. The Inspector General shall be selected without regard to political affiliation and on the basis of integrity, capability for strong leadership, and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, investigation, or criminal justice administration or other closely related fields. No former or current executive or manager of the department may be appointed Inspector General within five years after such former or current executive's or manager's period of service with the department. Not later than two years after the date of appointment, the Inspector General shall obtain certification as a Certified Inspector General by the Association of Inspectors General, its successor, or another nationally recognized organization that provides and sponsors educational programs and establishes professional qualifications, certifications, and licensing for inspectors general. During his or her employment, the Inspector General shall not be actively involved in partisan affairs.
(3) The Inspector General shall employ such investigators and support staff as he or she deems necessary to carry out the duties of the office within the amount available by appropriation through the office of Public Counsel for the office of Inspector General of Nebraska Child Welfare. The Inspector General shall be subject to the control and supervision of the Public Counsel, except that removal of the Inspector General shall require approval of the chairperson of the Executive Board of the Legislative Council and the chairperson of the Health and Human Services Committee of the Legislature.
Source
Laws 2012, LB821, § 24.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4319 - Office; access to information and personnel; investigation; procedure.

43-4319.
Office; access to information and personnel; investigation; procedure.
(1) The office shall have access to all information and personnel necessary to perform the duties of the office.
(2) A full investigation conducted by the office shall consist of retrieval of relevant records through subpoena, request, or voluntary production, review of all relevant records, and interviews of all relevant persons.
(3) For a request for confidential record information pursuant to subsection (5) of section 43-2,108 involving death or serious injury, the office may submit a written request to the probation administrator. The record information shall be provided to the office within five days.
Source
Laws 2012, LB821, § 26;
Laws 2015, LB347, § 14;
Laws 2016, LB954, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4320 - Complaints to office; form; full investigation; when; notice.

43-4320.
Complaints to office; form; full investigation; when; notice.
(1) Complaints to the office may be made in writing. The office shall also maintain a toll-free telephone line for complaints. A complaint shall be evaluated to determine if it alleges possible misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations pursuant to section 43-4318. All complaints shall be evaluated to determine whether a full investigation is warranted.
(2) The office shall not conduct a full investigation of a complaint unless:
(a) The complaint alleges misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations pursuant to section 43-4318;
(b) The complaint is against a person within the jurisdiction of the office; and
(c) The allegations can be independently verified through investigation.
(3) The Inspector General shall determine within fourteen days after receipt of a complaint whether it will conduct a full investigation. A complaint alleging facts which, if verified, would provide a basis for discipline under the Uniform Credentialing Act shall be referred to the appropriate credentialing board under the act.
(4) When a full investigation is opened on a private agency that contracts with the Office of Probation Administration, the Inspector General shall give notice of such investigation to the Office of Probation Administration.
Source
Laws 2012, LB821, § 27;
Laws 2013, LB561, § 59;
Laws 2015, LB347, § 15.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4321 - Cooperation with office; when required.

43-4321.
Cooperation with office; when required.
All employees of the department, the juvenile services division as directed by the juvenile court or the Office of Probation Administration, or the commission, all foster parents, and all owners, operators, managers, supervisors, and employees of private agencies, licensed child care facilities, juvenile detention facilities, staff secure juvenile facilities, and other providers of child welfare services or juvenile justice services shall cooperate with the office. Cooperation includes, but is not limited to, the following:
(1) Provision of full access to and production of records and information. Providing access to and producing records and information for the office is not a violation of confidentiality provisions under any law, statute, rule, or regulation if done in good faith for purposes of an investigation under the Office of Inspector General of Nebraska Child Welfare Act;
(2) Fair and honest disclosure of records and information reasonably requested by the office in the course of an investigation under the act;
(3) Encouraging employees to fully comply with reasonable requests of the office in the course of an investigation under the act;
(4) Prohibition of retaliation by owners, operators, or managers against employees for providing records or information or filing or otherwise making a complaint to the office;
(5) Not requiring employees to gain supervisory approval prior to filing a complaint with or providing records or information to the office;
(6) Provision of complete and truthful answers to questions posed by the office in the course of an investigation; and
(7) Not willfully interfering with or obstructing the investigation.
Source
Laws 2012, LB821, § 28;
Laws 2013, LB561, § 60;
Laws 2015, LB347, § 16;
Laws 2016, LB954, § 5.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4323 - Inspector General; powers; rights of person required to provide information.

43-4323.
Inspector General; powers; rights of person required to provide information.
The Inspector General may issue a subpoena, enforceable by action in an appropriate court, to compel any person to appear, give sworn testimony, or produce documentary or other evidence deemed relevant to a matter under his or her inquiry. A person thus required to provide information shall be paid the same fees and travel allowances and shall be accorded the same privileges and immunities as are extended to witnesses in the district courts of this state and shall also be entitled to have counsel present while being questioned. Any fees associated with counsel present under this section shall not be the responsibility of the office of Inspector General of Nebraska Child Welfare.
Source
Laws 2012, LB821, § 30;
Laws 2017, LB207, § 3.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4325 - Reports of investigations; distribution; redact confidential information; powers of office; summarized final report; release.

43-4325.
Reports of investigations; distribution; redact confidential information; powers of office; summarized final report; release.
(1) Reports of investigations conducted by the office shall not be distributed beyond the entity that is the subject of the report without the consent of the Inspector General.
(2) Except when a report is provided to a guardian ad litem or an attorney in the juvenile court pursuant to subsection (2) of section 43-4327, the office shall redact confidential information before distributing a report of an investigation. The office may disclose confidential information to the chairperson of the Health and Human Services Committee of the Legislature or the chairperson of the Judiciary Committee of the Legislature when such disclosure is, in the judgment of the Public Counsel, desirable to keep the chairperson informed of important events, issues, and developments in the Nebraska child welfare system.
(3)(a) A summarized final report based on an investigation may be publicly released in order to bring awareness to systemic issues.
(b) Such report shall be released only:
(i) After a disclosure is made to the appropriate chairperson or chairpersons pursuant to subsection (2) of this section; and
(ii) If a determination is made by the Inspector General with the appropriate chairperson that doing so would be in the best interest of the public.
(c) If there is disagreement about whether releasing the report would be in the best interest of the public, the chairperson of the Executive Board of the Legislative Council may be asked to make the final decision.
(4) Records and documents, regardless of physical form, that are obtained or produced by the office in the course of an investigation are not public records for purposes of sections 84-712 to 84-712.09. Reports of investigations conducted by the office are not public records for purposes of sections 84-712 to 84-712.09.
(5) The office may withhold the identity of sources of information to protect from retaliation any person who files a complaint or provides information in good faith pursuant to the Office of Inspector General of Nebraska Child Welfare Act.
Source
Laws 2012, LB821, § 32;
Laws 2015, LB347, § 18;
Laws 2017, LB207, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4326 - Department; commission; juvenile services division; provide direct computer access.

43-4326.
Department; commission; juvenile services division; provide direct computer access.
(1) The department shall provide the Public Counsel and the Inspector General with direct computer access to all computerized records, reports, and documents maintained by the department in connection with administration of the Nebraska child welfare system.
(2) The commission shall provide the Inspector General with direct computer access to all computerized records, reports, and documents maintained in connection with administration of juvenile justice services.
(3) The juvenile services division, as directed by the juvenile court or the Office of Probation Administration, shall provide the Inspector General with direct computer access to all computerized records, reports, and documents maintained by the juvenile services division in connection with a specific case under investigation.
Source
Laws 2012, LB821, § 33;
Laws 2015, LB347, § 19;
Laws 2016, LB954, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4327 - Inspector General's report of investigation; contents; distribution.

43-4327.
Inspector General's report of investigation; contents; distribution.
(1) The Inspector General's report of an investigation shall be in writing to the Public Counsel and shall contain recommendations. The report may recommend systemic reform or case-specific action, including a recommendation for discharge or discipline of employees or for sanctions against a foster parent, private agency, licensed child care facility, or other provider of child welfare services or juvenile justice services. All recommendations to pursue discipline shall be in writing and signed by the Inspector General. A report of an investigation shall be presented to the director, the probation administrator, or the executive director within fifteen days after the report is presented to the Public Counsel.
(2) Any person receiving a report under this section shall not further distribute the report or any confidential information contained in the report beyond the entity that is the subject of the report. The Inspector General, upon notifying the Public Counsel and the director, the probation administrator, or the executive director, may distribute the report, to the extent that it is relevant to a child's welfare, to the guardian ad litem and attorneys in the juvenile court in which a case is pending involving the child or family who is the subject of the report. The report shall not be distributed beyond the parties except through the appropriate court procedures to the judge.
(3) A report that identifies misconduct, misfeasance, malfeasance, or violation of statute, rules, or regulations by an employee of the department, the juvenile services division, the commission, a private agency, a licensed child care facility, or another provider that is relevant to providing appropriate supervision of an employee may be shared with the employer of such employee. The employer may not further distribute the report or any confidential information contained in the report.
Source
Laws 2012, LB821, § 34;
Laws 2015, LB347, § 20;
Laws 2017, LB207, § 5.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4328 - Report; director, probation administrator, or executive director; accept, reject, or request modification; when final; written response; corrected report; credentialing issue; how treated.

43-4328.
Report; director, probation administrator, or executive director; accept, reject, or request modification; when final; written response; corrected report; credentialing issue; how treated.
(1) Within fifteen days after a report is presented to the director, the probation administrator, or the executive director under section 43-4327, he or she shall determine whether to accept, reject, or request in writing modification of the recommendations contained in the report. The written response may include corrections of factual errors. The Inspector General, with input from the Public Counsel, may consider the director's, probation administrator's, or executive director's request for modifications but is not obligated to accept such request. Such report shall become final upon the decision of the director, the probation administrator, or the executive director to accept or reject the recommendations in the report or, if the director, the probation administrator, or the executive director requests modifications, within fifteen days after such request or after the Inspector General incorporates such modifications, whichever occurs earlier.
(2) After the recommendations have been accepted, rejected, or modified, the report shall be presented to the foster parent, private agency, licensed child care facility, or other provider of child welfare services or juvenile justice services that is the subject of the report and to persons involved in the implementation of the recommendations in the report. Within thirty days after receipt of the report, the foster parent, private agency, licensed child care facility, or other provider may submit a written response to the office to correct any factual errors in the report and shall determine whether to accept, reject, or request in writing modification of the recommendations contained in the report. The Inspector General, with input from the Public Counsel, shall consider all materials submitted under this subsection to determine whether a corrected report shall be issued. If the Inspector General determines that a corrected report is necessary, the corrected report shall be issued within fifteen days after receipt of the written response.
(3) If the Inspector General does not issue a corrected report pursuant to subsection (2) of this section, or if the corrected report does not address all issues raised in the written response, the foster parent, private agency, licensed child care facility, or other provider may request that its written response, or portions of the response, be appended to the report or corrected report.
(4) A report which raises issues related to credentialing under the Uniform Credentialing Act shall be submitted to the appropriate credentialing board under the act.
Source
Laws 2012, LB821, § 35;
Laws 2015, LB347, § 21;
Laws 2017, LB207, § 6.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4329 - Report or work product; no court review.

43-4329.
Report or work product; no court review.
No report or other work product of an investigation by the Inspector General shall be reviewable in any court. Neither the Inspector General nor any member of his or her staff shall be required to testify or produce evidence in any judicial or administrative proceeding concerning matters within his or her official cognizance except in a proceeding brought to enforce the Office of Inspector General of Nebraska Child Welfare Act.
Source
Laws 2012, LB821, § 36.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4330 - Inspector General; investigation of complaints; priority and selection.

43-4330.
Inspector General; investigation of complaints; priority and selection.
The Office of Inspector General of Nebraska Child Welfare Act does not require the Inspector General to investigate all complaints. The Inspector General, with input from the Public Counsel, shall prioritize and select investigations and inquiries that further the intent of the act and assist in legislative oversight of the Nebraska child welfare system and juvenile justice system. If the Inspector General determines that he or she will not investigate a complaint, the Inspector General may recommend to the parties alternative means of resolution of the issues in the complaint.
Source
Laws 2012, LB821, § 37;
Laws 2015, LB347, § 22.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4331 - Summary of reports and investigations; contents.

43-4331.
Summary of reports and investigations; contents.
On or before September 15 of each year, the Inspector General shall provide to the Health and Human Services Committee of the Legislature, the Judiciary Committee of the Legislature, the Supreme Court, and the Governor a summary of reports and investigations made under the Office of Inspector General of Nebraska Child Welfare Act for the preceding year. The summary provided to the committees shall be provided electronically. The summaries shall detail recommendations and the status of implementation of recommendations and may also include recommendations to the committees regarding issues discovered through investigation, audits, inspections, and reviews by the office that will increase accountability and legislative oversight of the Nebraska child welfare system, improve operations of the department, the juvenile services division, the commission, and the Nebraska child welfare system, or deter and identify fraud, abuse, and illegal acts. Such summary shall include summaries of alternative response cases under alternative response implemented in accordance with sections 28-710.01, 28-712, and 28-712.01 reviewed by the Inspector General. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations.
Source
Laws 2012, LB821, § 38;
Laws 2013, LB222, § 12;
Laws 2014, LB853, § 29;
Laws 2015, LB347, § 23;
Laws 2020, LB1061, § 9.