Establishment and Maintenance of Central Registries for Child Abuse or Neglect Reports - Nebraska

Date:

Establishment

Citation: Rev. Stat. § 28-718

There shall be a central registry of child protection cases maintained in the Department of Social Services.

Purpose

Citation: Rev. Stat. § 28-718

The central registry shall contain records of all reports of child abuse or neglect opened for investigation and classified as either court substantiated or agency substantiated.

Contents

Citation: Rev. Stat. § 28-720

All cases entered into the central registry shall be classified as one of the following:

  • Court substantiated, if a court of competent jurisdiction has entered a judgment of guilty against the subject of the report of child abuse or neglect upon a criminal complaint, indictment, or information, or there has been an adjudication of jurisdiction of a juvenile court over the child under § 43-247(3)(a) that pertains to the report of child abuse or neglect
  • Court pending, if a criminal complaint, indictment, or information or a juvenile petition under § 43-247(3)(a) that pertains to the subject of the report of abuse or neglect has been filed and is pending in a court of competent jurisdiction
  • Agency substantiated, if the department's determination of child abuse or neglect against the subject of the report of child abuse or neglect was supported by a preponderance of evidence and based upon an investigation pursuant to § 28-713

Maintenance

Citation: Rev. Stat. §§ 28-718; 28-720

The department shall determine whether a name-change order received from the clerk of a district court is for a person on the central registry of child protection cases 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.

All reports that are not court substantiated, court pending, or agency substantiated shall be considered unfounded and shall be maintained only in the tracking system of child protection cases pursuant to § 28-715 and not in the central registry.

A case shall not be entered into the central registry of child protection cases under the following circumstances:

  • The subject of the report of child abuse or neglect is a minor child who is younger age 12.
  • A juvenile petition filed under § 43-247(3)(a) indicates that the juvenile is without proper support through no fault of his or her parent, guardian, or custodian.

If the subject of the report of child abuse or neglect is a minor child who is age 12 or older but younger than age 19, the case shall not be classified as court pending in the central registry of child protection cases.