Bill would ensure prompt delivery of child welfare records

Members of the Executive Board heard testimony Jan. 22 on a bill that would expedite delivery of confidential records to the inspector general of Nebraska child welfare.

A bill passed by the Legislature in 2015 expanded the jurisdiction of the inspector general to include the state’s juvenile services division of the Office of Probation Administration. It authorized the inspector general to access confidential information pertinent to investigations, including video testimony from victims of abuse.

LB954, introduced this year by Omaha Sen. Bob Krist, additionally would authorize the inspector general to submit written requests for access to records of juvenile probation officers. The bill would require that those records be delivered within five days of a juvenile court order.

Krist said the bill would go farther than the previous bill to compel local jurisdictions to respond to the inspector general while still maintaining the judicial branch’s independence.

“We passed [LB347 in 2015], the governor signed it into law and there was a total neglect in following that statute in jurisdictions across the state,” he said. “[LB954] would require each judge, each jurisdiction to do things a certain way while preserving constitutional separation of powers.”

Upon receipt of orders from the juvenile court or the Office of Probation Administration, the juvenile services division would grant direct computer access to all computerized records maintained by the division relevant to a specific case under investigation.

The bill also directs the inspector general to immediately notify the probation administrator of possible misconduct by an employee of the juvenile services division found during an investigation. Pertinent information regarding a potential personnel matter would be provided to the Office of Probation Administration.

Julie Rogers, inspector general of Nebraska child welfare, spoke in favor of the bill. She said that obtaining probation records has been incredibly difficult since the passage of LB347 last year.

“Except for the records we’ve received pursuant to court orders, our office has been unable to process complaints,” she said. “I’m anxious to get this process started, where we are able to do the work with which we’re charged.”

Tom McBride, representing the Nebraska Juvenile Justice Association, also supported the bill. He said that it’s important to focus on the positive without ignoring issues affecting the juvenile justice system.

“We should never be afraid of talking about addressing issues and making the juvenile justice system better,” McBride said. “We must realize that issues and concerns will arise, some more impactful than others, but that each entity is trying and believes its doing its very best.”

LB954 also directs the juvenile court to provide confidential record information to the Foster Care Review Office.

No one testified in opposition to the bill and the committee took no immediate action on it.