Review and Expunction of Central Registries and Reporting Records - Nebraska

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Right of the Reported Person to Review and Challenge Records

Citation: Rev. Stat. § 28-723

At any time subsequent to the completion of the investigation by the Department of Social Services, the subject of the report of child abuse or neglect may request the department to amend, expunge identifying information from, or remove the record of the report from the central registry of child protection cases maintained pursuant to § 28-718. If the department refuses to do so or does not act within 30 days, the subject of the report shall have the right to a fair hearing within the department to determine whether the record of the report of child abuse or neglect should be amended, expunged, or removed on the grounds that it is inaccurate or that it is being maintained in a manner inconsistent with the Child Protection and Family Safety Act.

Such fair hearing shall be held within a reasonable time after the subject's request and at a reasonable place and hour. In such hearings, the burden of proving the accuracy and consistency of the record shall be on the department. A juvenile court finding of child abuse or child neglect shall be presumptive evidence that the report was not unfounded.

The hearing shall be conducted by the chief executive officer of the department or his or her designated agent, who is hereby authorized and empowered to order the amendment, expunction, or removal of the record to make it accurate or consistent with the requirements of the act. The decision shall be made in writing, at the close of the hearing or within 30 days thereof, and shall state the reasons upon which it is based. Decisions of the department may be appealed under the provisions of the Administrative Procedure Act.

When Records Must Be Expunged

Citation: Rev. Stat. §§ 28-720; 28-721

If a case that has been classified as court pending is dismissed by the court or a juvenile petition under § 43-247(3)(a) is redesignated to indicate there is no fault on the part of the parent, guardian, or custodian, the case shall be immediately expunged from the central registry of child protection cases.

At any time, the department may amend, expunge, or remove from the central register of child protection cases any record upon good cause shown and upon notice to the subject of the report of child abuse or neglect and to the division.

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 subject is entered into the central registry, and the case involving that minor child is classified as court substantiated or agency substantiated, the department shall conduct a mandatory expunction hearing within 60 days after the subject receives the notification required under § 28-713.01, unless the subject and the subject's attorney of record, parent, guardian, or guardian ad litem sign and return a waiver form within 30 days after receipt. The department shall not, as guardian, sign a waiver form for any subject in its custody. If such subject remains on the central registry of child protection cases, the department shall conduct a second mandatory expunction hearing within 60 days after the subject's 19th birthday, unless the subject signs and returns a waiver form within 30 days after receipt.

If a mandatory expunction hearing is held regarding the subject of a report of child abuse or neglect who is a minor child and the subject is entered into the central registry, the subject may make a subsequent request under this section or § 28-723.