Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 2 - DISCLOSURE OF INFORMANTION › Section 395-2-003 - CONFIDENTIALITY AND DISCLOSURE OF CHILD ABUSE AND NEGLECT CENTRAL REGISTRY INFORMATION

Current through June 17, 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.