Central registry, prevention case changes approved

Lawmakers gave final approval Feb. 12 to a bill that establishes 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, prohibits an individual from being entered on the registry prior to being notified of the right to contest the determination.

The bill requires 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.

LB668 also allows DHHS to provide information to families with prevention cases about community resources to assist them in situations that are alleged in a report but that an investigation has found do not require further action by the department.

A prevention case is defined as one in which:
• at least one juvenile in the home is a candidate for foster care;
• there is not an ongoing juvenile court case or a case with the department;
• ongoing child welfare services are not required to maintain the child’s safety; and
• the family is voluntarily engaging with services through community resources.

The measure passed on a 47-0 vote.