LB458 LB458
2019 2019
LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 458
Introduced by Lathrop, 12.
Read first time January 18, 2019
Committee: Judiciary
1 A BILL FOR AN ACT relating to children and families; to amend sections
2 28-710, 28-710.01, 28-711, 28-713, 28-726, 28-728, 28-729, 28-730,
3 43-3001, and 43-4407, Reissue Revised Statutes of Nebraska; to
4 define and redefine terms; to restate legislative intent; to change
5 and provide duties of the Department of Health and Human Services
6 and law enforcement agencies relating to reports of child abuse or
7 neglect; to provide duties for child advocacy centers; to state
8 legislative intent regarding appropriations; to provide for access
9 to certain confidential information by child advocacy centers; to
10 change child abuse and neglect investigation teams and child abuse
11 and neglect treatment teams to multidisciplinary investigation teams
12 and multidisciplinary treatment teams; to change and provide duties
13 for county attorneys, multidisciplinary teams, and child advocacy
14 centers; to change training requirements for multidisciplinary team
15 members; to require reports; to require the department, the juvenile
16 courts, and the Nebraska Commission on Law Enforcement and Criminal
17 Justice to provide child advocacy centers with access to certain
18 records as prescribed; to change and provide duties relating to
19 monthly reports by service area administrators and the department to
20 child advocacy centers; to harmonize provisions; and to repeal the
21 original sections.
22 Be it enacted by the people of the State of Nebraska,
-1-
LB458 LB458
2019 2019
1 Section 1. Section 28-710, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 28-710 (1) Sections 28-710 to 28-731 and section 5 of this act
4 28-727 shall be known and may be cited as the Child Protection and Family
5 Safety Act.
6 (2) For purposes of the Child Protection and Family Safety Act:
7 (a) Alternative response means a comprehensive assessment of (i)
8 child safety, (ii) the risk of future child abuse or neglect, (iii)
9 family strengths and needs, and (iv) the provision of or referral for
10 necessary services and support. Alternative response is an alternative to
11 traditional response and does not include an investigation or a formal
12 determination as to whether child abuse or neglect has occurred, and the
13 subject of the report shall not be entered into the central registry of
14 child protection cases maintained pursuant to section 28-718;
15 (b) Child abuse or neglect means knowingly, intentionally, or
16 negligently causing or permitting a minor child to be:
17 (i) Placed in a situation that endangers his or her life or physical
18 or mental health;
19 (ii) Cruelly confined or cruelly punished;
20 (iii) Deprived of necessary food, clothing, shelter, or care;
21 (iv) Left unattended in a motor vehicle if such minor child is six
22 years of age or younger;
23 (v) Placed in a situation to be sexually Sexually abused; or
24 (vi) Placed in a situation to be sexually Sexually exploited by
25 through sex trafficking of a minor as defined in section 28-830 or actual
26 or attempted allowing, encouraging, or forcing such person to solicit for
27 or engage in prostitution, debauchery, public indecency, or obscene or
28 pornographic photography, films, or depictions; or
29 (vii) Placed in a situation to be a trafficking victim as defined in
30 section 28-830;
31 (c) Child advocacy center means a community-based organization that
-2-
LB458 LB458
2019 2019
1 is a member of the Nebraska chapter of child advocacy centers and is
2 nationally accredited or working toward national accreditation;
3 (d) (c) Comprehensive assessment means an analysis of child safety,
4 risk of future child abuse or neglect, and family strengths and needs on
5 a report of child abuse or neglect. Comprehensive assessment does not
6 include a determination as to whether the child abuse or neglect occurred
7 but does determine the need for services and support to address the
8 safety of children and the risk of future abuse or neglect;
9 (e) (d) Department means the Department of Health and Human
10 Services;
11 (f) Drug-endangered child means a minor child who lives in or is
12 exposed to an environment where controlled substances are unlawfully
13 used, possessed, distributed, delivered, dispensed, or manufactured and,
14 as a result of such environment:
15 (i) The child experiences, or is at risk of experiencing, physical,
16 sexual, or emotional abuse;
17 (ii) The child experiences, or is at risk of experiencing, medical,
18 educational, emotional, or physical harm or neglect, including harm
19 resulting from the inhalation, ingestion, or absorption of controlled
20 substances, including in utero exposure; or
21 (iii) The child is used in illegal or sexual activity in order to
22 obtain controlled substances;
23 (g) Forensic interview means a video-recorded interview of an
24 alleged child victim of abuse or neglect or a witness to a violent crime
25 conducted at a child advocacy center by a professional with specialized
26 training. Information obtained in forensic interviews may be used in
27 criminal or juvenile court proceedings or to provide referral to
28 appropriate services to the child and family;
29 (h) Hotline means the statewide toll-free number for making reports
30 of child abuse or neglect established by the department under section
31 28-711;
-3-
LB458 LB458
2019 2019
1 (i) (e) Investigation:
2 (i) When used in reference to an investigation conducted by the
3 department, means fact gathering related to the current safety of a child
4 and the risk of future child abuse or neglect that determines whether
5 child abuse or neglect has occurred and whether child protective services
6 are needed; and
7 (ii) When used in reference to an investigation conducted by a law
8 enforcement agency, means fact gathering related to whether child abuse
9 or neglect has occurred and whether law enforcement action is needed to
10 address the immediate safety of a child;
11 (j) (f) Law enforcement agency means the police department or town
12 marshal in incorporated municipalities, the office of the sheriff in
13 unincorporated areas, and the Nebraska State Patrol;
14 (k) Multidisciplinary investigation team means professionals
15 coordinated by a child advocacy center to facilitate a collaborative and
16 trauma-informed investigation and response to allegations of child abuse
17 or neglect. Multidisciplinary investigation teams shall, at a minimum,
18 include the county attorney and representatives from the department, each
19 law enforcement agency which has jurisdiction within the county or
20 contiguous group of counties, medical and mental health providers, and
21 victim advocates;
22 (l) Multidisciplinary treatment team means professionals coordinated
23 by a child advocacy center to facilitate the provision of high-quality,
24 trauma-informed services and support to victims of child abuse or
25 neglect, children at risk of involvement in the child welfare system or
26 juvenile justice system, and the families of such victims and children.
27 Multidisciplinary treatment teams shall, at a minimum, include
28 representatives from the department, juvenile probation, medical and
29 mental health providers, local school districts within the county or
30 contiguous group of counties, and a representative from a child advocacy
31 center;
-4-
LB458 LB458
2019 2019
1 (m) Nebraska chapter of child advocacy centers means a nationally
2 accredited membership organization responsible for providing technical
3 assistance, training, and support to child advocacy centers in Nebraska;
4 (n) (g) Out-of-home child abuse or neglect means child abuse or
5 neglect occurring outside of a child's family home, including in day care
6 homes, foster homes, day care centers, residential child-caring agencies
7 as defined in section 71-1926, and other child care facilities or
8 institutions, and the community. Out-of-home child abuse or neglect also
9 includes cases in which the subject of the report of child abuse or
10 neglect is not a member of the child’s household, no longer has access to
11 the child, or is unknown or cannot be identified;
12 (o) (h) Review, Evaluate, and Decide Team means an internal team of
13 staff within the department and shall include no fewer than two
14 supervisors or administrators and two staff members knowledgeable on the
15 policies and practices of the department, including, but not limited to,
16 the structured review process. County attorneys, child advocacy centers,
17 or law enforcement agency personnel may attend team reviews upon request
18 of a party;
19 (p) (i) Traditional response means an investigation by a law
20 enforcement agency or the department pursuant to section 28-713 which
21 requires a formal determination of whether child abuse or neglect has
22 occurred; and
23 (q) (j) Subject of the report of child abuse or neglect or subject
24 of the report means the person or persons identified in the report as
25 responsible for the child abuse or neglect.
26 Sec. 2. Section 28-710.01, Reissue Revised Statutes of Nebraska, is
27 amended to read:
28 28-710.01 (1) The Legislature declares that the public policy of the
29 State of Nebraska is to protect children whose health or welfare may be
30 jeopardized by abuse or neglect. The Legislature recognizes that most
31 families want to keep their children safe, but circumstances or
-5-
LB458 LB458
2019 2019
1 conditions sometimes interfere with their ability to do so. Families and
2 children are best served by interventions that engage their protective
3 capacities and address immediate safety concerns and ongoing risks of
4 child abuse or neglect. In furtherance of this public policy and the
5 family policy and principles set forth in sections 43-532 and 43-533, it
6 is the intent of the Legislature to strengthen the family and make the
7 home, school, and community safe for children by promoting responsible
8 child care in all settings and to provide, when necessary, a safe
9 temporary or permanent home environment for abused or neglected children.
10 (2) In addition, it is the policy of this state to: Require the
11 reporting of child abuse or neglect in home, school, and community
12 settings; provide for coordinated multidisciplinary investigations to
13 certain allegations of child abuse and neglect in every county; provide
14 for alternative response to reports as permitted by rules and regulations
15 of the department; provide for traditional response to reports as
16 required by rules and regulations of the department; and provide
17 protective and supportive services designed to preserve and strengthen
18 the family in appropriate cases; and provide for multidisciplinary teams
19 in every county or contiguous group of counties of this state to
20 strengthen services offered to victims of child abuse or neglect,
21 children at high risk of involvement in the child welfare system or
22 juvenile justice system involvement, and the families of such victims and
23 children.
24 Sec. 3. Section 28-711, Reissue Revised Statutes of Nebraska, is
25 amended to read:
26 28-711 (1) When any physician, any medical institution, any nurse,
27 any school employee, any social worker, the Inspector General appointed
28 under section 43-4317, or any other person has reasonable cause to
29 believe that a child has been subjected to child abuse or neglect or
30 observes such child being subjected to conditions or circumstances which
31 reasonably would result in child abuse or neglect, he or she shall report
-6-
LB458 LB458
2019 2019
1 such incident or cause a report of child abuse or neglect to be made to
2 the proper law enforcement agency or to the department on the hotline
3 toll-free number established by subsection (2) of this section. Such
4 report may be made orally by telephone with the caller giving his or her
5 name and address, shall be followed by a written report, and to the
6 extent available shall contain the address and age of the abused or
7 neglected child, the address of the person or persons having custody of
8 the abused or neglected child, the nature and extent of the child abuse
9 or neglect or the conditions and circumstances which would reasonably
10 result in such child abuse or neglect, any evidence of previous child
11 abuse or neglect including the nature and extent, and any other
12 information which in the opinion of the person may be helpful in
13 establishing the cause of such child abuse or neglect and the identity of
14 the perpetrator or perpetrators. Law enforcement agencies receiving any
15 reports of child abuse or neglect under this subsection shall notify the
16 department using the hotline by pursuant to section 28-718 on the next
17 working day by telephone or mail.
18 (2) The department shall establish a statewide toll-free hotline
19 number to be used by any person any hour of the day or night, any day of
20 the week, to make reports of child abuse or neglect. Reports of child
21 abuse or neglect not previously made to or by a law enforcement agency
22 shall be made immediately to such agency by the department.
23 Sec. 4. Section 28-713, Reissue Revised Statutes of Nebraska, is
24 amended to read:
25 28-713 Unless an intake is assigned to alternative response, upon
26 the receipt of a call reporting child abuse and neglect as required by
27 section 28-711:
28 (1) It is the duty of the law enforcement agency to investigate the
29 report, to take immediate steps to protect the child, and to institute
30 legal proceedings if appropriate. In situations of alleged out-of-home
31 child abuse or neglect if the person or persons to be notified have not
-7-
LB458 LB458
2019 2019
1 already been notified and the person to be notified is not the subject of
2 the report of child abuse or neglect, the law enforcement agency shall
3 immediately notify the person or persons having custody of each child who
4 has allegedly been abused or neglected that such report of alleged child
5 abuse or neglect has been made and shall provide such person or persons
6 with information of the nature of the alleged child abuse or neglect. The
7 law enforcement agency may request assistance from the department during
8 the investigation and shall, by the next working day, notify either the
9 hotline or the department of receipt of the report, including whether or
10 not an investigation is being undertaken by the law enforcement agency. A
11 copy of all reports, whether or not an investigation is being undertaken,
12 shall be provided to the hotline department;
13 (2) In situations of alleged out-of-home child abuse or neglect if
14 the person or persons to be notified have not al