Nebraska Statutes 28-713.01. Cases of child abuse or neglect; completion of investigation; notice; when; right to amend or expunge information
(1) Upon completion of the investigation pursuant to section 28-713 :
Terms Used In Nebraska Statutes 28-713.01
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
(a) In situations of alleged out-of-home child abuse or neglect, the person or persons having custody of the allegedly abused or neglected child or children shall be given written notice of the results of the investigation and any other information the law enforcement agency or department deems necessary. Such notice and information shall be sent by first-class mail;
(b) The subject of the report of child abuse or neglect shall be given written notice of the determination of the case and whether the subject of the report of child abuse or neglect will be entered into the central registry of child protection cases maintained pursuant to section 28-718 under the criteria provided in section 28-720 ; and
(c) If the subject of the report of child abuse or neglect is a school employee and the child is a student in the school to which such school employee is assigned for work, the notice described in subdivision (1)(b) of this section shall also be sent to the Commissioner of Education.
(2) If the subject of the report will be entered into the central registry, the notice to the subject shall be sent by certified mail with return receipt requested or first-class mail to the last-known address of the subject of the report of child abuse or neglect and shall include:
(a) The nature of the report;
(b) The classification of the report under section 28-720 ;
(c) Notification of the right of the subject of the report of child abuse or neglect to request the department to amend or expunge identifying information from the report or to remove the substantiated report from the central registry in accordance with section 28-723 ; and
(d) If the subject of the report of child abuse or neglect is a minor child who is twelve years of age or older but younger than nineteen years of age:
(i) Notification of the mandatory expungement hearing to be held according to section 28-721, a waiver form to waive the hearing, and an explanation of the hearing process;
(ii) An explanation of the implications of being entered in the central registry as a subject;
(iii) Notification of any other procedures determined appropriate in rules and regulations adopted and promulgated by the department; and
(iv) Provision of a copy of all notice materials required to be provided to the subject under this subsection to the minor child’s attorney of record, parent or guardian, and guardian ad litem, if applicable.
(3) If the subject of the report will not be entered into the central registry, the notice to the subject shall be sent by first-class mail and shall include:
(a) The nature of the report; and
(b) The classification of the report under section 28-720.