Section 395-2-003 - CONFIDENTIALITY AND DISCLOSURE OF CHILD ABUSE AND NEGLECT CENTRAL REGISTRY INFORMATION003.01CONFIDENTIALITY. CONFIDENTIALITY. Information pertaining to or stemming from contacts, interviews, assessments, and allegation findings related to a report of child abuse or neglect is confidential and will not be released to any person except as authorized by state law or when ordered by a court of competent jurisdiction.
003.02PERSONS OR AGENCIES ALLOWED ACCESS TO RECORDS.The Department will provide copies of the appropriate Central Registry records to any person legally authorized under Nebraska law. Such request will be in writing, dated, signed, with proof of identity and will identify the person's authority to receive such records.
003.03FORMAT OF REQUEST.The request must be submitted utilizing the Department approved form and must describe with sufficient detail the information sought.
003.04REQUEST BY OR ON BEHALF OF A CHILD WHO IS THE SUBJECT OF A REPORT OF CHILD ABUSE OR NEGLECT. Upon written request, a subject of the report of child abuse or neglect or, if such subject is a minor or otherwise legally incompetent, the legal guardian or guardian ad litem of the subject, is entitled to receive a copy of all information contained in the Central Registry pertaining to his or her case. Proof of guardianship must be provided by the legal guardian.
The Department cannot provide all information contained in the Central Registry to a third party in lieu of the individual authorized to receive the information. The Department will provide the requested information directly to the person whose name appears on the Central Registry.
The Department will not release information that it determines to be harmful or detrimental to a child who is the subject of the report or that would identify or locate a person who, in good faith, made a report or cooperated in a subsequent investigation.
003.05SUMMARY OF FINDINGS AND ACTIONS.Upon request, a physician or the person in charge of an institution, school, facility, or agency making a legally mandated report of child abuse or neglect will receive a written summary of the findings and actions taken by the Department in response to such report. The summary will contain the following information:
2) Name of the alleged victim(s);3) Name of the alleged perpetrator(s);5) Whether the report was unfounded or substantiated.003.05(A)SUBSTANTIATED REPORTS. If the report is substantiated, the summary may include a description of services offered and provided by the Department.003.05(B)SUBSTANCE EXPOSED INFANTS. If a report made by a hospital or other medical facility includes information that a newborn infant has been affected by substance use, withdrawal symptoms from prenatal drug exposure or fetal alcohol spectrum disorder, the summary provided by the Department may include any additional information the Department deems necessary for the development of a plan of safe care for the child.003.06CHILD ABUSE AND NEGLECT CENTRAL REGISTRY CHECKS.003.06(A)REQUIREMENTS. Central Registry checks must be requested utilizing a process approved by the Department. The individual must use the Central Registry request check form or provide the following information: individual's name, current address, date of birth, social security number, the names of any children with whom the subject resided, all names the individual may have had or used, and former addresses (minimum of city and state). 003.06(A)(i)CENTRAL REGISTRY CHECK DEFINED. A Central Registry check is a review of the child abuse and neglect Central Registry, a review of the adult abuse and neglect Central Registry or a review of both registries. The individual authorizing the Central Registry request check must identify which review is being authorized.003.06(B)AUTHORIZATION. A Central Registry check will not be performed on an individual's name without the Department first having the authorization of the individual, unless otherwise provided for in the Nebraska Revised Statutes. 003.06(B)(ii)VERIFICATION OF IDENTITY. Every Central Registry request must include verification of the identity of the person authorizing the Central Registry request. The Central Registry request check form must be notarized or the individual must use the Department approved identity proofing process. Any Central Registry request made by or on behalf of an individual under the age of 19, must have the minor child's parent or legal guardian's identity verified.003.06(C)SELF CHECKS. Individuals may request a Central Registry check by completing and submitting the Central Registry request check form. The Central Registry request must include verification of the identity of the individual.003.06(D)CENTRAL REGISTRY CHECKS. Individuals who want to authorize a Central Registry check and have the results of the check sent directly to a third party must complete and submit the Central Registry request check form that identifies the third party with whom the results may be shared. The Central Registry request check form must include verification of the identity of the individual authorizing the check. 003.06(D)(i) Third parties must enroll with the Department in order to receive the results of a Central Registry check.003.06(E)RELEASING RESULTS. Information is released from the Central Registry only when a signed authorization to release information is obtained from the individual who is the subject of the Central Registry check.395 Neb. Admin. Code, ch. 2, § 003