LB271 LB271
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 271
Introduced by McKinney, 11.
Read first time January 10, 2023
Committee: Judiciary
1 A BILL FOR AN ACT relating to child abuse and neglect; to amend sections
2 28-711, 28-714, 28-715, and 28-729, Reissue Revised Statutes of
3 Nebraska, and sections 28-710, 28-716, and 28-728, Revised Statutes
4 Cumulative Supplement, 2022; to define terms; to change reporting
5 requirements; to provide for training requirements for certain
6 reporters; and to repeal the original sections.
7 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 28-710, Revised Statutes Cumulative Supplement,
2 2022, is amended to read:
3 28-710 (1) Sections 28-710 to 28-727 shall be known and may be cited
4 as the Child Protection and Family Safety Act.
5 (2) For purposes of the Child Protection and Family Safety Act:
6 (a) Alternative response means a comprehensive assessment of (i)
7 child safety, (ii) the risk of future child abuse or neglect, (iii)
8 family strengths and needs, and (iv) the provision of or referral for
9 necessary services and support. Alternative response is an alternative to
10 traditional response and does not include an investigation or a formal
11 determination as to whether child abuse or neglect has occurred, and the
12 subject of the report shall not be entered into the central registry of
13 child protection cases maintained pursuant to section 28-718;
14 (b) Child abuse or neglect means knowingly, intentionally, or
15 negligently causing or permitting a minor child to be:
16 (i) Placed in a situation that endangers his or her life or physical
17 or mental health;
18 (ii) Cruelly confined or cruelly punished;
19 (iii) Deprived of necessary food, clothing, shelter, or care;
20 (iv) Left unattended in a motor vehicle if such minor child is six
21 years of age or younger;
22 (v) Placed in a situation to be sexually abused;
23 (vi) Placed in a situation to be sexually exploited through sex
24 trafficking of a minor as defined in section 28-830 or by allowing,
25 encouraging, or forcing such person to engage in debauchery, public
26 indecency, or obscene or pornographic photography, films, or depictions;
27 or
28 (vii) Placed in a situation to be a trafficking victim as defined in
29 section 28-830;
30 (c) Child advocacy center means a community-based organization that
31 (i) provides an appropriate site for conducting forensic interviews as
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1 defined in section 28-728 and referring victims of child abuse or neglect
2 and appropriate caregivers for such victims to needed evaluation,
3 services, and supports, (ii) assists county attorneys in facilitating
4 case reviews, developing and updating protocols, and arranging training
5 opportunities for the teams established pursuant to sections 28-728 and
6 28-729, and (iii) is a member, in good standing, of a state chapter as
7 defined in 34 U.S.C. 20302;
8 (d) Comprehensive assessment means an analysis of child safety, risk
9 of future child abuse or neglect, and family strengths and needs on a
10 report of child abuse or neglect using an evidence-informed and validated
11 tool. Comprehensive assessment does not include a finding as to whether
12 the child abuse or neglect occurred but does determine the need for
13 services and support, if any, to address the safety of children and the
14 risk of future abuse or neglect;
15 (e) Department means the Department of Health and Human Services;
16 (f) Investigation means fact gathering by the department, using an
17 evidence-informed and validated tool, or by law enforcement related to
18 the current safety of a child and the risk of future child abuse or
19 neglect that determines whether child abuse or neglect has occurred and
20 whether child protective services are needed;
21 (g) Kin caregiver means a person with whom a child in foster care
22 has been placed or with whom a child is residing pursuant to a temporary
23 living arrangement in a non-court-involved case, who has previously lived
24 with or is a trusted adult that has a preexisting, significant
25 relationship with the child or with a sibling of such child placed
26 pursuant to section 43-1311.02;
27 (h) Law enforcement agency means the police department or town
28 marshal in incorporated municipalities, the office of the sheriff in
29 unincorporated areas, and the Nebraska State Patrol;
30 (i) Medical professional means any individual engaged in the
31 examination, care, or treatment of persons and is lawfully practicing in
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1 Nebraska as a physician, doctor of osteopathy, resident, intern, medical
2 administrator or personnel, psychiatrist, psychologist, surgeon, dentist,
3 dental hygienist, physician assistant, emergency medical technician,
4 physical therapist, physical therapy assistant, occupational therapist,
5 occupational therapy assistant, acupuncturist, registered nurse, licensed
6 practical nurse, genetic counselor, respiratory care practitioner, home
7 health aide, or certified nursing assistant;
8 (j) (i) Non-court-involved case means an ongoing case opened by the
9 department following a report of child abuse or neglect in which the
10 department has determined that ongoing services are required to maintain
11 the safety of a child or alleviate the risk of future abuse or neglect
12 and in which the family voluntarily engages in child protective services
13 without a filing in a juvenile court;
14 (k) (j) Out-of-home child abuse or neglect means child abuse or
15 neglect occurring outside of a child's family home, including in day care
16 homes, foster homes, day care centers, residential child-caring agencies
17 as defined in section 71-1926, other child care facilities or
18 institutions, and the community. Out-of-home child abuse or neglect also
19 includes cases in which the subject of the report of child abuse or
20 neglect is not a member of the child's household, no longer has access to
21 the child, is unknown, or cannot be identified;
22 (l) Position of trust includes, but is not limited to:
23 (i) Any person who is a parent or acting in the place of a parent
24 and charged with parental rights, duties, or responsibilities for a
25 child, including a guardian or a person responsible for the general
26 supervision of a child's welfare; or
27 (ii) Any person charged with any duty or responsibility for the
28 health, education, welfare, or supervision of a child, including a
29 provider of foster care, child care, family care, or institutional care,
30 either independently or through another person, regardless of the amount
31 of time the person holds such duty or responsibility for the child;
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1 (m) (k) Relative caregiver means a person with whom a child is
2 placed by the department and who is related to the child, or to a sibling
3 of such child pursuant to section 43-1311.02, by blood, marriage, or
4 adoption or, in the case of an Indian child, is an extended family member
5 as defined in section 43-1503;
6 (n) (l) Report means any communication received by the department or
7 a law enforcement agency pursuant to the Child Protection and Family
8 Safety Act that describes child abuse or neglect and contains sufficient
9 content to identify the child who is the alleged victim of child abuse or
10 neglect;
11 (o) (m) Review, Evaluate, and Decide Team means an internal team of
12 staff within the department and shall include no fewer than two
13 supervisors or administrators and two staff members knowledgeable on the
14 policies and practices of the department, including, but not limited to,
15 the structured review process. County attorneys, child advocacy centers,
16 or law enforcement agency personnel may attend team reviews upon request
17 of a party;
18 (p) (n) School employee means a person nineteen years of age or
19 older who is employed by a public, private, denominational, or parochial
20 school approved or accredited by the State Department of Education;
21 (q) (o) Student means a person less than nineteen years of age
22 enrolled in or attending a public, private, denominational, or parochial
23 school approved or accredited by the State Department of Education, or
24 who was such a person enrolled in or who attended such a school within
25 ninety days of any violation of section 28-316.01;
26 (r) (p) Traditional response means an investigation by a law
27 enforcement agency or the department pursuant to section 28-713 which
28 requires a formal determination of whether child abuse or neglect has
29 occurred; and
30 (s) (q) Subject of the report of child abuse or neglect or subject
31 of the report means the person or persons identified in the report as
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1 responsible for the child abuse or neglect.
2 Sec. 2. Section 28-711, Reissue Revised Statutes of Nebraska, is
3 amended to read:
4 28-711 (1) Except as otherwise provided in this section, when When
5 any medical professional, mental health professional, physician, any
6 medical institution, any nurse, any school employee, any social worker,
7 child care provider, member of a law enforcement agency, clergy member,
8 or the Inspector General appointed under section 43-4317, in such
9 person's professional capacity or within the scope of such person's
10 employment, or any other person has knowledge of reasonable cause to
11 believe that a child has been subjected to child abuse or neglect or
12 observes a such child being subjected to conditions or circumstances
13 which reasonably would result from or in child abuse or neglect, he or
14 she shall report such knowledge or observation incident or cause a report
15 of child abuse or neglect to be made to the proper law enforcement agency
16 or to the department on the toll-free number established by subsection
17 (5) (2) of this section. Such report may be made orally by telephone with
18 the caller giving his or her name and address, shall be followed by a
19 written report, and to the extent available shall contain the address and
20 age of the abused or neglected child, the address of the person or
21 persons having custody of the abused or neglected child, the nature and
22 extent of the child abuse or neglect or the conditions and circumstances
23 which would reasonably result in such child abuse or neglect, any
24 evidence of previous child abuse or neglect including the nature and
25 extent, and any other information which in the opinion of the person may
26 be helpful in establishing the cause of such child abuse or neglect and
27 the identity of the perpetrator or perpetrators. Law enforcement agencies
28 receiving any reports of child abuse or neglect under this subsection
29 shall notify the department pursuant to section 28-718 on the next
30 working day by telephone or mail.
31 (2) Any other person who has knowledge of, or observes, a child
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1 being subjected to conditions or circumstances which reasonably would
2 result in child abuse or neglect, may report such knowledge or
3 observation pursuant to the procedure described in subsection (1) of this
4 section. This includes, but is not limited to, mandatory reporters not
5 acting in their professional capacity or within the scope of their
6 employment and volunteers of public or private organizations that employ
7 mandatory reporters.
8 (3) The reporting requirements described in subsection (1) of this
9 section shall not apply if:
10 (a) The person who is otherwise required to report, in using such
11 person's professional judgment, does not have reasonable cause to know or
12 suspect that the perpetrator of the suspected abuse or neglect:
13 (i) Has subjected, or is reasonably likely to subject, any other
14 child currently under nineteen years of age to abuse or neglect or to
15 circumstances or conditions that would likely result in abuse or neglect;
16 and
17 (ii) Is currently in a position of trust with regard to a child
18 under nineteen years of age;
19 (b) The victim of suspected child abuse or neglect is:
20 (i) Twelve years of age or older; and
21 (ii) Has requested that such knowledge or observation not be
22 reported; and
23 (c) The person who is otherwise required to report, in the person's
24 reasonable professional judgment, believes:
25 (i) Such request has not been coerced or made out of threats from
26 the suspected perpetrator or any other individual; and
27 (ii) The suspected harm would not be repeated with the suspected
28 victim or any other child under nineteen years of age.
29 (4) Whenever a person is required to report suspected child abuse or
30 neglect under subsection (1) of this section, while working in such
31 person's official capacity as an employee of an institution, including,
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1 but not limited to, a medical institution, school, or religious
2 organization, institution, facility, or agency, public or private, such
3 person may notify the individual in charge of such institution, or the
4 individual's designated agent, of such suspected child abuse or neglect.
5 Such person, or the designated agent, shall then make the report pursuant
6 to the procedure described in subsection (1) of this section. Nothing in
7 this section is intended to require more than one report from any such
8 organization, institution, facility, or agency.
9 (5) (2) The department shall establish a statewide toll-free number
10 to be used by any person any hour of the day or night, any day of the
11 week, to make reports of child abuse or neglect. Reports of child abuse
12 or neglect not previously made to or by a law enforcement agency shall be
13 made immediately to such agency by the department.
14 (6)(a) Beginning January 1, 2024, each person required to report
15 suspected child abuse or neglect under subsection (1) of this section
16 shall complete training within the first ninety days of beginning
17 employment or service in the person's official capacity as a mandatory
18 reporter of suspected child abuse or neglect and at least every two years
19 thereafter. The training shall include:
20 (i) Identification of child abuse and neglect;
21 (ii) Reporting of child abuse and neglect;
22 (iii) Trauma-informed responses to suspected child abuse and
23 neglect;
24 (iv) Implicit bias, cultural competency, and race-conscious
25 reporting; and
26 (v) Alternatives to child abuse and neglect reporting, including
27 available community resources and preventative services.
28 (b) No later than January 1, 2024, the department shall make
29 publicly available a free, online training for all persons required to
30 report suspected child abuse and neglect consistent with the requirements
31