Nebraska Statutes 28-374. Alleged abuse, neglect, or exploitation; department; duties
(1) The department shall investigate each case of alleged abuse, neglect, or exploitation of a vulnerable adult and shall provide such adult protective services as are necessary and appropriate under the circumstances.
Terms Used In Nebraska Statutes 28-374
- Abuse: means any knowing or intentional act on the part of a caregiver or any other person which results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, or sexual exploitation of a vulnerable adult. See Nebraska Statutes 28-351
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Adult protective services: means those services provided by the department for the prevention, correction, or discontinuance of abuse, neglect, or exploitation. See Nebraska Statutes 28-352
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Department: shall mean the Department of Health and Human Services. See Nebraska Statutes 28-356
- Exploitation: means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult. See Nebraska Statutes 28-358
- Law enforcement agency: shall mean the police department or the town marshal in incorporated municipalities, the office of the sheriff in unincorporated areas, and the Nebraska State Patrol. See Nebraska Statutes 28-359
- Neglect: means any knowing or intentional act or omission on the part of a caregiver to provide essential services or the failure of a vulnerable adult, due to physical or mental impairments, to perform self-care or obtain essential services to such an extent that there is actual physical injury to a vulnerable adult or imminent danger of the vulnerable adult suffering physical injury or death. See Nebraska Statutes 28-361.01
- Registry: shall mean the Adult Protective Services Central Registry established by section Nebraska Statutes 28-365
- Vulnerable adult: means any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code. See Nebraska Statutes 28-371
(2) In each case of alleged abuse, neglect, or exploitation, the department may make a request for further assistance from the appropriate law enforcement agency or initiate such action as may be appropriate under the circumstances.
(3) The department shall make a written report or case summary to the appropriate law enforcement agency and to the registry of all reported cases of abuse, neglect, or exploitation and action taken.
(4) The department shall deliver a written report or case summary to the appropriate county attorney if the investigation indicates a reasonable cause to believe that a violation of section 28-386 has occurred.