395 Neb. Admin. Code, ch. 2, § 002

Current through September 17, 2024
Section 395-2-002 - CONFIDENTIALITY AND RELEASE OF INFORMATION

Information will be provided based on the individual's need to know and the individual's involvement with the child or family.

002.01 Information will be provided based on the individual's need to know and the individual's involvement with the child or family. RELEASE OF INFORMATION WITHIN THE DEPARTMENT. Information shared within the Department does not require a signed release.
002.02RELEASE OF INFORMATION TO LAW ENFORCEMENT.

All reports regarding child abuse or neglect will be released to the appropriate law enforcement agency. The name and identity of the reporting party will be released to the investigating law enforcement agency. The name and identity of the reporting party will be released to the county attorney upon request. When the Attorney General's Office is assessing a case for prosecution or preparing to prosecute a criminal case, the name of the reporting party will be released to them upon request.

The Department will not release the name of the reporting party to anyone other than law enforcement, the county attorney, or Attorney General's Office.

002.03RELEASE OF INFORMATION REGARDING STATE WARDS.

Once a child is placed in the custody of the Department, parental consent for release of information about the child is no longer required, and the Department will authorize the release of information related solely to the child when it is determined by the Department to be in the child's best interest. Information related to the report of child abuse or neglect will be released in accordance with 395 Nebraska Administrative Code (NAC) Chapter 3.

002.04FORMER WARD INFORMATION REQUESTS.

The Department will release information regarding the former ward upon written request from the former ward or his or her legal guardian. Information solely regarding other family members will not be provided. If the former ward was adopted, the Department will not release any information identifying the birth family.

002.05ADOPTION INFORMATION REQUESTS.

Once an adoption decree has been issued by the court and the case is closed, the Department file is closed. Birth family identity will be kept confidential and only be released as permitted by law.

002.06FORMER WARD ADOPTEE REQUESTS FOR NON-IDENTIFYING INFORMATION.

The Department will release nonidentifying child welfare case record information when a written request is received from a former ward adoptee who has reached the age of majority or from the former ward adoptee's adoptive parents.

002.07BRIDGE TO INDEPENDENCE PROGRAM REQUESTS FOR INFORMATION.

The Department will release information regarding the Young Adult upon written request from the Young Adult or his or her legal guardian.

395 Neb. Admin. Code, ch. 2, § 002

Adopted effective 6/5/2018