Adult and child protective services registry changes advance

Lawmakers gave first-round approval Jan. 20 to a bill that would establish an appeals process for individuals before their names are added to either of two state registries dealing with abuse, neglect or exploitation of vulnerable adults and children.

Current Nebraska law requires the state Department of Health and Human Services to keep records of individuals whom the department or courts have found responsible for abuse or neglect of a child or vulnerable adult in what is known as the central registry.

The registry includes both the Adult Protective Services Central Registry and Central Registry of Child Protection Cases.

LB668, sponsored by Sen. Tanya Storer of Whitman, would prohibit an individual from being entered on the registry prior to being notified of the right to contest the determination.

The bill would require notification by certified mail at least 14 calendar days prior to a person’s entry on the central registry, offering them an opportunity for appeal pursuant to the Administrative Procedure Act.

The measure also would increase the fee cap from $3 to $5 per request to check the registry.

Storer said the measure would ensure that the process of adding someone’s name to the state’s central registry is just.

“LB668 strengthens due process protections for the accused and allows DHHS the opportunity to review its decision regarding placing an individual on that registry,” she said.

As introduced, the bill also would allow DHHS to use contracted case management for prevention cases. A prevention case is defined as one in which:

• at least one juvenile in the home is a candidate for foster care;
• ongoing child welfare services are not required to maintain the child’s safety; and
• the family is voluntarily engaging with services through community resources.

Currently, case management must be provided by a DHHS employee.

Storer offered an amendment to remove the provision allowing contracted case management for prevention cases.

The amendment instead further clarifies what qualifies as a prevention case. It also would allow DHHS to provide families with information about community resources to assist them in situations that are alleged in a report but that an investigation finds do not require further action by the department.

Storer said the amendment is aimed at family situations that don’t rise to the level of DHHS involvement, but in which families could benefit from being connected to community services that already exist, such as parenting programs and mental health and substance abuse prevention and treatment.

“The underlying intent here with allowing caseworkers to make those referrals is about prevention,” Storer said.

Gering Sen. Brian Hardin supported the bill and the amendment. He said the measure would allow more Nebraska families to access local services without formal entry into the child welfare system.

Following the 36-0 adoption of the Storer amendment, lawmakers advanced LB668 to select file 43-0.