Nebraska
| Code | Subject Matter |
| Code § 28-728 | Offenses Involving The Family Relation: Legislative findings and intent; child abuse and neglect investigation team |
| Code § 28-729 | Offenses Involving The Family Relation: Teams; members; training; county attorney; duties; meetings; annual report |
| Code § 28-730 | Offenses Involving The Family Relation: Records and information; access; disclosure; limitation; review of cases; immunity; violation; penalty |
| Code § 28-731 | Offenses Involving The Family Relation: Teams; exempt from Open Meetings Act |
| Code § 28-732 | Offenses Involving The Family Relation: Failure to establish teams; requirements |
| Code § 43-2,108 | Juvenile court; files; how kept; certain reports and records not open to inspection without order of court; exception |
| Code § 43-402 | Office Of Juvenile Services: Legislative intent; juvenile justice system; goal |
| Code § 43-403 | Office Of Juvenile Services: Terms, defined |
| Code § 43-404 | Office of Juvenile Services; created; powers and duties |
| Code § 43-405 | Office of Juvenile Services; administrative duties |
| Code § 43-406 | Office of Juvenile Services; treatment programs, services, and systems; requirements |
| Code § 43-409 | Office of Juvenile Services; access to records; immunity |
| Code § 43-503 | Department of Health and Human Services; duty to cooperate with other agencies |
| Code § 43-3401 | Early Childhood Interagency Coordinating Council; created; membership; terms; expenses |
| Code § 43-3402 | Council; advisory duties |
| Code § 43-3403 | Council; Early Intervention Act; duties |
| Code § 43-3501 | County Juvenile Services Plan Act: Act, how cited |
| Code § 43-3503 | County Juvenile Services Plan Act: Legislative intent; county powers and duties |
| Code § 43-3504 | County Juvenile Services Plan Act: County juvenile services plan; multicounty plan; regional plan |
| Code § 43-3505 | County Juvenile Services Plan Act: County; powers; local juvenile justice advisory committee |
| Code § 43-3506 | County Juvenile Services Plan Act: County level data on juveniles |
| Code § 43-3001 | Child in state custody; court records and information; court order authorized; information confidential |
| Code § 43-3201 | McGruff House; law enforcement agency; obtain criminal history record information on residents; cost |
| Code § 79-269 | Long-term suspension, expulsion, or mandatory reassignment; hearing; procedure; hearing examiner; how designated; examination of records |
| Code § 79-2,104 | Access to school files; limitation; fees; disciplinary material; removed and destroyed; when |
| Code § 79-2,105 | School files; provided upon student's transfer |
CHAPTER 28. CRIMES AND PUNISHMENTS
ARTICLE 7. OFFENSES INVOLVING THE FAMILY RELATION
R.R.S. Neb. § 28-728 (2009)
§ 28-728. Legislative findings and intent; child abuse and neglect investigation team; child advocacy center; child abuse and neglect treatment team; powers and duties.
(1) The Legislature finds that child abuse and neglect are community problems requiring a cooperative complementary response by law enforcement, child advocacy centers, prosecutors, the Department of Health and Human Services, and other agencies or entities designed to protect children. It is the intent of the Legislature to create a child abuse and neglect investigation team in each county or contiguous group of counties and to create a child abuse and neglect treatment team in each county or contiguous group of counties.
(2) Each county or contiguous group of counties will be assigned by the Department of Health and Human Services to a child advocacy center. The purpose of a child advocacy center is to provide a child-focused response to support the physical, emotional, and psychological needs of children who are victims of abuse or neglect. Each child advocacy center shall meet accreditation criteria set forth by the National Children's Alliance. Nothing in this section shall prevent a child from receiving treatment or other services at a child advocacy center which has received or is in the process of receiving accreditation.
(3) Each county attorney or the county attorney representing a contiguous group of counties is responsible for convening the child abuse and neglect investigation team and ensuring that protocols are established and implemented. A representative of the child advocacy center assigned to the team shall assist the county attorney in facilitating case review, developing and updating protocols, and arranging training opportunities for the team. Each team must have protocols which, at a minimum, shall include procedures for:
(a) Conducting joint investigations of child abuse and other child abuse and neglect matters which the team deems necessary;
(b) Ensuring that a law enforcement agency will participate in the investigation;
(c) Conducting joint investigations of other child abuse and neglect matters which the team deems necessary;
(d) Arranging for a videotaped forensic interview at a child advocacy center for children sixteen years of age or younger who are alleging sexual abuse or serious physical abuse or neglect or who have witnessed a violent crime, been removed from a clandestine drug lab, or been recovered from a kidnapping;
(e) Reducing the risk of harm to child abuse and neglect victims;
(f) Ensuring that the child is in safe surroundings, including removing the perpetrator when necessary;
(g) Sharing of case information;
(h) How and when the team will meet; and
(i) Responding to drug-endangered children.
(4) Each county attorney or the county attorney representing a contiguous group of counties is responsible for convening the child abuse and neglect treatment team and ensuring that protocols are established and implemented. A representative of the child advocacy center appointed to the team shall assist the county attorney in facilitating case review, developing and updating protocols, and arranging training opportunities for the team. Each team must have protocols which, at a minimum, shall include procedures for:
(a) Case coordination and assistance, including the location of services available within the area;
(b) Case staffings and the coordination, development, implementation, and monitoring of treatment plans;
(c) Reducing the risk of harm to child abuse and neglect victims;
(d) Assisting those child abuse and neglect victims who are abused and neglected by perpetrators who do not reside in their homes;
(e) How and when the team will meet; and
(f) Working with multiproblem delinquent youth.
§ 28-729. Teams; members; training; county attorney; duties; meetings; annual report
(1) A child abuse and neglect investigation team shall include a representative from the county attorney's office, a child protective services representative from the Department of Health and Human Services, a representative from each law enforcement agency which has jurisdiction within the county or contiguous group of counties, a representative from the child advocacy center, and representatives from such other agencies as determined by the team.
(2) A child abuse and neglect treatment team shall include a child protective services representative from the Department of Health and Human Services, a juvenile probation officer, a representative from the mental health profession or medical profession actively practicing within the county or contiguous group of counties, a representative from each school district which provides services within the county or contiguous group of counties, a representative from the child advocacy center, and representatives from such other agencies as determined by the team. For purposes of this subsection, more than one school district may be represented by the same individual.
(3) The teams established pursuant to this section and section 28-728 shall be encouraged to expand their membership to include the various relevant disciplines which exist within the county or contiguous group of counties. The additional members shall have the requisite experience necessary as determined by the core members of the teams. Consistent with requirements set out by the teams, all members of both teams shall attend child abuse and neglect training on an annual basis. Such training shall be no less than eight hours annually and consist of the following components:
(a) Child abuse and neglect investigation procedures as provided by law enforcement standards;
(b) Legal requirements and procedures for successful prosecution of child abuse and neglect cases;
(c) Roles and responsibilities of child protective services, law enforcement agencies, county attorneys, the Attorney General, and judges;
(d) Characteristics of child development and family dynamics;
(e) Recognition of various types of abuse and neglect;
(f) Duty of public and private individuals and agencies, including schools, governmental agencies, physicians, and child advocates, to report suspected or known child abuse;
(g) Multidisciplinary approaches to providing services to children; and
(h) Weaknesses in the current child protection system.
(4) The representative of the county attorney shall report the name and address of each team member to the Nebraska Commission on Law Enforcement and Criminal Justice. If more than one county is part of a team, the representative of the participating county attorneys shall jointly and cooperatively report their results to the commission.
(5) Each team shall meet at a location agreed to by the team. The number of meetings of the team shall be secondary to the caseload of the team, but each team shall meet at least quarterly. The representative from the child advocacy center assigned to the team shall annually report to the commission the number of times the team met within a calendar year and any changes in team membership. Each team shall select a chairperson annually in the first quarter of each calendar year. Each team may substitute a telephone conference call among team members in lieu of meeting in person. If a team fails to convene, the commission shall notify the Child Protection Division of the office of the Attorney General and the division shall appoint the team members or convene the team pursuant to sections 28-728 to 28-730. Nothing in this section shall relieve the county attorney from ensuring that the teams meet as required by this section.
§ 28-730. Records and information; access; disclosure; limitation; review of cases; immunity; violation; penalty
(1) Notwithstanding any other provision of law regarding the confidentiality of records and when not prohibited by the federal Privacy Act of 1974, as amended, juvenile court records and any other pertinent information that may be in the possession of school districts, law enforcement agencies, county attorneys, the Attorney General, the Department of Health and Human Services, child advocacy centers, and other team members concerning a child whose case is being investigated or discussed by a child abuse and neglect investigation team or a child abuse and neglect treatment team shall be shared with the respective team members as part of the discussion and coordination of efforts for investigative or treatment purposes. Upon request by a team, any individual or agency with information or records concerning a particular child shall share all relevant information or records with the team as determined by the team pursuant to the appropriate team protocol. Only a team which has accepted the child's case for investigation or treatment shall be entitled to access to such information.
(2) All information acquired by a team member or other individuals pursuant to protocols developed by the team shall be confidential and shall not be disclosed except to the extent necessary to perform case consultations, to carry out a treatment plan or recommendations, or for use in a legal proceeding instituted by a county attorney or the Child Protection Division of the office of the Attorney General. Information, documents, or records otherwise available from the original sources shall not be immune from discovery or use in any civil or criminal action merely because the information, documents, or records were presented during a case consultation if the testimony sought is otherwise permissible and discoverable. Any person who presented information before the team or who is a team member shall not be prevented from testifying as to matters within the person's knowledge.
(3) Each team may review any case arising under the Nebraska Criminal Code when a child is a victim or any case arising under the Nebraska Juvenile Code. A member of a team who participates in good faith in team discussion or any person who in good faith cooperates with a team by providing information or records about a child whose case has been accepted for investigation or treatment by a team shall be immune from any civil or criminal liability. The provisions of this subsection or any other section granting or allowing the grant of immunity from liability shall not be extended to any person alleged to have committed an act of child abuse or neglect.
(4) A member of a team who publicly discloses information regarding a case consultation in a manner not consistent with sections 28-728 to 28-730 shall be guilty of a Class III misdemeanor.
§ 28-731. Teams; exempt from Open Meetings Act
The teams established by sections 28-728 to 28-730 shall not be considered a public body for purposes of the Open Meetings Act.
§ 28-732. Failure to establish teams; requirements
If a county or contiguous group of counties does not establish the teams required by sections 28-728 to 28-730, it shall establish a program of child abuse and neglect investigation and treatment services to accomplish the goals of section 28-728. Such program shall be submitted to the Nebraska Commission on Law Enforcement and Criminal Justice, prior to July 15, 1993, to ensure that such program meets the goals of section 28-728. If the commission does not recognize such program as meeting the goals of such section, the commission shall make recommendations for changes to the program and establish an appropriate time period for the changes to be adopted. In the event an agreement cannot be reached between the commission and the county or contiguous group of counties proposing the alternative program, sections 28-728 to 28-730 shall be met with implementation to begin within one year.
CHAPTER 43. INFANTS AND JUVENILES
ARTICLE 2. JUVENILE CODE
(i) MISCELLANEOUS PROVISIONS
R.R.S. Neb. § 43-2,108 (2009)
§ 43-2,108. Juvenile court; files; how kept; certain reports and records not open to inspection without order of court; exception
(1) The juvenile court judge shall keep a minute book in which he or she shall enter minutes of all proceedings of the court in each case, including appearances, findings, orders, decrees, and judgments, and any evidence which he or she feels it is necessary and proper to record. Juvenile court legal records shall be deposited in files and shall include the petition, summons, notice, certificates or receipts of mailing, minutes of the court, findings, orders, decrees, judgments, and motions.
(2) Except as provided in subsection (3) of this section, the medical, psychological, psychiatric, and social welfare reports and the records of juvenile probation officers as they relate to individual proceedings in the juvenile court shall not be open to inspection, without order of the court. Such records shall be made available to a district court of this state or the District Court of the United States on the order of a judge thereof for the confidential use of such judge or his or her probation officer as to matters pending before such court but shall not be made available to parties or their counsel; and such district court records shall be made available to a county court or separate juvenile court upon request of the county judge or separate juvenile judge for the confidential use of such judge and his or her probation officer as to matters pending before such court, but shall not be made available by such judge to the parties or their counsel.
(3) As used in this subsection, confidential record information shall mean all docket records, other than the pleadings, orders, decrees, and judgments; case files and records; reports and records of probation officers; and information supplied to the court of jurisdiction in such cases by any individual or any public or private institution, agency, facility, or clinic, which is compiled by, produced by, and in the possession of any court. In all cases under subdivision (3)(a) of section 43-247, access to all confidential record information in such cases shall be granted only as follows: (a) The court of jurisdiction may, subject to applicable federal and state regulations, disseminate such confidential record information to any individual, or public or private agency, institution, facility, or clinic which is providing services directly to the juvenile and such juvenile's parents or guardian and his or her immediate family who are the subject of such record information; (b) the court of jurisdiction may disseminate such confidential record information, with the consent of persons who are subjects of such information, or by order of such court after showing of good cause, to any law enforcement agency upon such agency's specific request for such agency's exclusive use in the investigation of any protective service case or investigation of allegations under subdivision (3)(a) of section 43-247, regarding the juvenile or such juvenile's immediate family, who are the subject of such investigation; and (c) the court of jurisdiction may disseminate such confidential record information to any court, which has jurisdiction of the juvenile who is the subject of such information upon such court's request.
(4) Nothing in subsection (3) of this section shall be construed to restrict the dissemination of confidential record information between any individual or public or private agency, institute, facility, or clinic, except any such confidential record information disseminated by the court of jurisdiction pursuant to this section shall be for the exclusive and private use of those to whom it was released and shall not be disseminated further without order of such court.
(5) (a) Any records concerning a juvenile court petition filed pursuant to subdivision (3)(c) of section 43-247 shall remain confidential except as may be provided otherwise by law. Such records shall be accessible to (i) the juvenile except as provided in subdivision (b) of this subsection, (ii) the juvenile's counsel, (iii) the juvenile's parent or guardian, and (iv) persons authorized by an order of a judge or court.
(b) Upon application by the county attorney or by the director of the facility where the juvenile is placed and upon a showing of good cause therefor, a judge of the juvenile court having jurisdiction over the juvenile or of the county where the facility is located may order that the records shall not be made available to the juvenile if, in the judgment of the court, the availability of such records to the juvenile will adversely affect the juvenile's mental state and the treatment thereof.
CHAPTER 43. INFANTS AND JUVENILES
ARTICLE 4. OFFICE OF JUVENILE SERVICES
R.R.S. Neb. § 43-402 (2009)
§ 43-402. Legislative intent; juvenile justice system; goal
It is the intent of the Legislature that the juvenile justice system provide individualized accountability and individualized treatment for juveniles in a manner consistent with public safety to those juveniles who violate the law. The juvenile justice system shall also promote prevention efforts which are community-based and involve all sectors of the community. Prevention efforts shall be provided through the support of programs and services designed to meet the needs of those juveniles who are identified as being at risk of violating the law and those whose behavior is such that they endanger themselves or others. The goal of the juvenile justice system shall be to provide a range of programs and services which:
(1) Retain and support juveniles within their homes whenever possible and appropriate;
(2) Provide the least restrictive and most appropriate setting for juveniles while adequately protecting them and the community;
(3) Are community-based and are provided in as close proximity to the juvenile's community as possible and appropriate;
(4) Provide humane, secure, and therapeutic confinement to those juveniles who present a danger to the community;
(5) Provide followup and aftercare services to juveniles when returned to their families or communities to ensure that progress made and behaviors learned are integrated and continued;
(6) Hold juveniles accountable for their unlawful behavior in a manner consistent with their long-term needs, stressing the offender's responsibility to victims and the community;
(7) Base treatment planning and service provision upon an individual evaluation of the juvenile's needs recognizing the importance of meeting the educational needs of the juvenile in the juvenile justice system;
(8) Are family focused and include the juvenile's family in assessment, case planning, treatment, and service provision as appropriate and emphasize parental involvement and accountability in the rehabilitation of their children;
(9) Provide supervision and service coordination, as appropriate, to implement and monitor treatment plans and to prevent reoffending;
(10) Provide integrated service delivery through appropriate linkages to other human service agencies; and
(11) Promote the development and implementation of community-based programs designed to prevent unlawful behavior and to effectively minimize the depth and duration of the juvenile's involvement in the juvenile justice system.
§ 43-403. Terms, defined
For purposes of the Health and Human Services, Office of Juvenile
Services Act:
(1) Aftercare means the control, supervision, and care exercised over juveniles who have been paroled;
(2) Committed means an order by a court committing a juvenile to the care and custody of the Office of Juvenile Services for treatment;
(3) Community supervision means the control, supervision, and care exercised over juveniles committed to the Office of Juvenile Services when a commitment to the level of treatment of a youth rehabilitation and treatment center has not been ordered by the court;
(4) Evaluation means assessment of the juvenile's social, physical, psychological, and educational development and needs, including a recommendation as to an appropriate treatment plan;
(5) Parole means a conditional release of a juvenile from a youth rehabilitation and treatment center to aftercare or transferred to Nebraska for parole supervision by way of interstate compact;
(6) Placed for evaluation means a placement with the Office of Juvenile Services or the Department of Health and Human Services for purposes of an evaluation of the juvenile; and
(7) Treatment means type of supervision, care, confinement, and rehabilitative services for the juvenile.
§ 43-404. Office of Juvenile Services; created; powers and duties.
There is created within the Department of Health and Human Services the Office of Juvenile Services. The office shall have oversight and control of state juvenile correctional facilities and programs other than the secure youth confinement facility which is under the control of the Department of Correctional Services. The Administrator of the Office of Juvenile Services shall be appointed by the chief executive officer of the department or his or her designee and shall be responsible for the administration of the facilities and programs of the office. The department may contract with a state agency or private provider to operate any facilities and programs of the Office of Juvenile Services.
§ 43-405. Office of Juvenile Services; administrative duties
The administrative duties of the Office of Juvenile Services are
to:
(1) Manage, establish policies for, and administer the office, including all facilities and programs operated by the office or provided through the office by contract with a provider;
(2) Supervise employees of the office, including employees of the facilities and programs operated by the office;
(3) Have separate budgeting procedures and develop and report budget information separately from the Department of Health and Human Services;
(4) Adopt and promulgate rules and regulations for the levels of treatment and for management, control, screening, evaluation, treatment, rehabilitation, parole, transfer, and discharge of juveniles placed with or committed to the Office of Juvenile Services;
(5) Ensure that statistical information concerning juveniles placed with or committed to facilities or programs of the office is collected, developed, and maintained for purposes of research and the development of treatment programs;
(6) Monitor commitments, placements, and evaluations at facilities and programs operated by the office or through contracts with providers and report its findings annually to the Legislature. The report shall include an assessment of the administrative costs of operating the facilities, the cost of programming, and the savings realized through reductions in commitments, placements, and evaluations;
(7) Coordinate the programs and services of the juvenile justice system with other governmental agencies and political subdivisions;
(8) Coordinate educational, vocational, and social counseling;
(9) Coordinate community-based services for juveniles and their families;
(10) Supervise and coordinate juvenile parole and aftercare services; and
(11) Exercise all powers and perform all duties necessary to carry out its responsibilities under the Health and Human Services, Office of Juvenile Services Act.
§ 43-406. Office of Juvenile Services; treatment programs, services, and systems; requirements
The Office of Juvenile Services shall utilize:
(1) Risk and needs assessment instruments for use in determining the level of treatment for the juvenile;
(2) A case classification process to include levels of treatment defined by rules and regulations and case management standards for each level of treatment. The process shall provide for a balance of accountability, public safety, and treatment;
(3) Case management for all juveniles committed to the office;
(4) A purchase-of-care system which will facilitate the development of a statewide community-based array of care with the involvement of the private sector and the local public sector. Care services may be purchased from private providers to provide a wider diversity of services. This system shall include accessing existing Title IV-E funds of the federal Social Security Act, as amended, medicaid funds, and other funding sources to support eligible community-based services. Such services developed and purchased shall include, but not be limited to, evaluation services. Services shall be offered and delivered on a regional basis;
(5) Community-based evaluation programs, supplemented by one or more residential evaluation programs. A residential evaluation program shall be provided in a county containing a city of the metropolitan class. Community-based evaluation services shall replace the residential evaluation services available at the Youth Diagnostic and Rehabilitation Center by December 31, 1999; and
(6) A management information system. The system shall be a unified, interdepartmental client information system which supports the management function as well as the service function.
§ 43-409. Office of Juvenile Services; access to records; immunity
The Office of Juvenile Services shall have access to and may obtain copies of all records pertaining to a juvenile committed to it or placed with it, including, but not limited to, school records, medical records, juvenile court records, probation records, test results, treatment records, evaluations, and examination reports. Any person who, in good faith, furnishes any records or information to the Office of Juvenile Services shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. The owners, officers, directors, employees, or agents of such medical office, school, court, office, corporation, partnership, or other such entity shall not be liable for furnishing such records or information.
CHAPTER 43. INFANTS AND JUVENILES
ARTICLE 5. ASSISTANCE FOR CERTAIN CHILDREN
R.R.S. Neb. § 43-503 (2009)
§ 43-503. Department of Health and Human Services; duty to cooperate with other agencies
The Department of Health and Human Services shall cooperate and coordinate its child and maternal welfare activities with those of state institutions, the vocational rehabilitation division of the State Department of Education, courts, county boards, charities and all other organizations, societies and agencies, state and national, to promote child welfare and health.
CHAPTER 43. INFANTS AND JUVENILES
ARTICLE 34. EARLY CHILDHOOD INTERAGENCY COORDINATING COUNCIL
R.R.S. Neb. § 43-3401 (2009)
§ 43-3401. Early Childhood Interagency Coordinating Council; created; membership; terms; expenses.
The Early Childhood Interagency Coordinating Council is created. The council shall advise and assist the collaborating agencies in carrying out the provisions of the Early Intervention Act, the Quality Child Care Act, sections 79-1101 to 79-1104, and other early childhood care and education initiatives under state supervision. Membership and activities of the council shall comply with all applicable provisions of federal law. Members of the council shall be appointed by the Governor and shall include, but not be limited to:
(1) Parents of children who require early intervention services, early childhood special education, and other early childhood care and education services; and
(2) Representatives of school districts, social services, health and medical services, family child care and center-based early childhood care and education programs, agencies providing training to staff of child care programs, resource and referral agencies, mental health services, developmental disabilities services, educational service units, Head Start, higher education, physicians, the Legislature, business persons, and the collaborating agencies.
Terms of the members shall be for three years, and a member shall not serve more than two consecutive three-year terms. Members shall be reimbursed for their actual and necessary expenses, including child care expenses, with funds provided for such purposes through the Early Intervention Act, the Quality Child Care Act, and sections 79-1101 to 79-1104.
Members of the Nebraska Interagency Coordinating Council serving on July 13, 2000, shall constitute the Early Childhood Interagency Coordinating Council and shall serve for the remainder of their terms. The Governor shall make additional appointments as required by this section and to fill vacancies as needed. The Governor shall set the initial terms of additional appointees to result in staggered terms for members of the council. The Department of Health and Human Services and the State Department of Education shall provide and coordinate staff assistance to the council.
§ 43-3402. Council; advisory duties.
With respect to the Early Intervention Act, the Quality Child Care Act, and sections 79-1101 to 79-1104, the Early Childhood Interagency Coordinating Council shall serve in an advisory capacity to state agencies responsible for early childhood care and education, including care for school-age children, in order to:
(1) Promote the policies set forth in the Early Intervention Act, the Quality Child Care Act, and sections 79-1101 to 79-1104;
(2) Facilitate collaboration with the federally administered Head Start program;
(3) Make recommendations to the Department of Health and Human Services, the State Department of Education, and other state agencies responsible for the regulation or provision of early childhood care and education programs on the needs, priorities, and policies relating to such programs throughout the state;
(4) Make recommendations to the lead agency or agencies which prepare and submit applications for federal funding;
(5) Review new or proposed revisions to rules and regulations governing the registration or licensing of early childhood care and education programs;
(6) Study and recommend additional resources for early childhood care and education programs; and
(7) Report biennially to the Governor and Legislature on the status of early intervention and early childhood care and education in the state. Such report shall include (a) the number of license applications received under section 71-1911, (b) the number of such licenses issued, (c) the number of such license applications denied, (d) the number of complaints investigated regarding such licensees, (e) the number of such licenses revoked, (f) the number and dollar amount of civil penalties levied pursuant to section 71-1920, and (g) information which may assist the Legislature in determining the extent of cooperation provided to the Department of Health and Human Services by other state and local agencies pursuant to section 71-1914.
§ 43-3403. Council; Early Intervention Act; duties
With respect to the Early Intervention Act, the Early Childhood
Interagency Coordinating Council and collaborating agencies shall make recommendations
to the lead agency or agencies relating to:
(1) The general administration, supervision, and monitoring of programs and activities receiving federal funds under the federal early intervention program to ensure compliance with federal law;
(2) The identification and coordination of all available resources within the state from federal, state, local, and private sources;
(3) The development of procedural safeguards, including procedures for complaints and appeals, to ensure that services coordination is provided to eligible infants or toddlers with disabilities or possible disabilities and their families in a timely manner pending the resolution of any disputes among public agencies or service providers;
(4) The entry into formal interagency agreements that include components necessary to ensure meaningful cooperation and coordination; and
(5) The coordination of interagency rules and regulations pursuant to the Early Intervention Act.
CHAPTER 43. INFANTS AND JUVENILES
ARTICLE 35. NEBRASKA COUNTY JUVENILE SERVICES PLAN ACT
R.R.S. Neb. § 43-3501 (2009)
Sections 43-3501 to 43-3507 shall be known and may be cited as the Nebraska County Juvenile Services Plan Act.
§ 43-3503. Legislative intent; county powers and duties
(1) It is the intent of the Legislature to encourage counties to develop a continuum of nonsecure detention services for the purpose of enhancing, developing, and expanding the availability of such services to juveniles requiring nonsecure detention.
(2) A county may enhance, develop, or expand nonsecure detention services as needed with private or public providers. Grants from the Commission Grant Program and aid from the County Juvenile Services Aid Program under the Juvenile Services Act and the federal Juvenile Justice and Delinquency Prevention Act of 1974 may be used to fund nonsecure detention services. Each county shall routinely review services provided by contract providers and modify services as needed.
§ 43-3504. County juvenile services plan; multicounty plan; regional plan
(1) Each county shall develop a county juvenile services plan by January 1, 2003. Two or more counties may establish a multicounty juvenile services plan. Such plan should include input from individuals comprising a local juvenile justice advisory committee as provided for in subdivision (1) of section 43-3505 or a similar committee or group of individuals. The plan shall be submitted to the Nebraska Commission on Law Enforcement and Criminal Justice and shall include:
(a) Identification of the risk factors for delinquency that exist in the county or counties and service needs;
(b) Identification of juvenile services available within the county or counties, including, but not limited to, programs for assessment and evaluation, the prevention of delinquent behavior, diversion, detention, shelter care, intensive juvenile probation services, restitution, family support services, and community centers for the care and treatment of juveniles in need of services;
(c) Identification of juvenile services within close proximity of the county or counties that may be utilized if community-based programs are not available within the county or counties;
(d) Identification of the facilities the county primarily uses for juvenile secure detention and for nonsecure detention, including the costs associated with use of such facilities; and
(e) A coordination plan and an enhancement, development, and expansion plan of community services within the county, counties, or region to help prevent delinquency by providing intervention services when behavior that leads to delinquency is first exhibited. Examples of intervention services include, but are not limited to, alternative schools, school truancy programs, volunteer programs, family preservation and counseling, drug and alcohol counseling, diversion programs, and Parents Anonymous.
(2) Following or in conjunction with the development of a county juvenile services plan, each county may develop regional service plans and establish regional juvenile services boards when appropriate. The regional service plan shall be submitted to the Nebraska Commission on Law Enforcement and Criminal Justice.
(3) Plans developed under this section shall be updated no less than every five years after the date the plan is submitted to the commission.
§ 43-3505. County; powers; local juvenile justice advisory committee
Each county may:
(1) Establish a local juvenile justice advisory committee for the purpose of meeting quarterly to discuss trends and issues related to juvenile offenders and service needs. Such committee should include representation from the courts, law enforcement, community service providers, schools, detention or shelter care, county elected and administrative officials, probation officials, health and human services representatives, and state officials or agency representatives. The committee should discuss state and local policy initiatives, use of detention and other regional services, commitment to state custody, and impacts of policy initiatives and trends on county juvenile justice systems. Notwithstanding any other provision of law regarding the confidentiality of records, information from the various representative agencies can be shared about juveniles under their supervision for the purposes of this subdivision. The information shared shall be in the form of statistical data which does not disclose the identity of any particular individual;
(2) Collect and review data on an ongoing basis to understand the service needs of the juvenile offender population; and
(3) Compile, review, and forward county level data collected pursuant to section 43-3506.
§ 43-3506. County level data on juveniles
County level data on juveniles shall be maintained and compiled by the Nebraska Commission on Law Enforcement and Criminal Justice on arrest rates; petition rates; detention rates and utilization; offender profile data, such as offense, race, age, and sex; and admissions to staff secure and temporary holdover facilities.
CHAPTER 43. INFANTS AND JUVENILES
ARTICLE 30. ACCESS TO INFORMATION AND RECORDS
R.R.S. Neb. § 43-3001 (2009)
§ 43-3001. Child in state custody; court records and information; court order authorized; information confidential; immunity from liability; school records as evidence; violation; penalty.
(1) Notwithstanding any other provision of law regarding the confidentiality of records and when not prohibited by the federal Privacy Act of 1974, as amended, juvenile court records and any other pertinent information that may be in the possession of school districts, county attorneys, the Attorney General, law enforcement agencies, child advocacy centers, state probation personnel, state parole personnel, youth detention facilities, medical personnel, treatment or placement programs, the Department of Health and Human Services, the Department of Correctional Services, the State Foster Care Review Board, child abuse and neglect investigation teams, child abuse and neglect treatment teams, or other multidisciplinary teams for abuse, neglect, or delinquency concerning a child who is in the custody of the state may be shared with individuals and agencies who have been identified in a court order authorized by this section.
(2) In any judicial proceeding concerning a child who is currently, or who may become at the conclusion of the proceeding, a ward of the court or state or under the supervision of the court, an order may be issued which identifies individuals and agencies who shall be allowed to receive otherwise confidential information concerning the child for legitimate and official purposes. The individuals and agencies who may be identified in the court order are the child's attorney or guardian ad litem, the parents' attorney, foster parents, appropriate school personnel, county attorneys, the Attorney General, authorized court personnel, law enforcement agencies, state probation personnel, state parole personnel, youth detention facilities, medical personnel, treatment or placement programs, the Department of Health and Human Services, the Office of Juvenile Services, the Department of Correctional Services, the State Foster Care Review Board, child abuse and neglect investigation teams, child abuse and neglect treatment teams, and other multidisciplinary teams for abuse, neglect, or delinquency. Unless the order otherwise states, the order shall be effective until the child leaves the custody of the state or until a new order is issued.
(3) All information acquired by an individual or agency pursuant to this section shall be confidential and shall not be disclosed except to other persons who have a legitimate and official interest in the information and are identified in the court order issued pursuant to this section with respect to the child in question. A person who receives such information or who cooperates in good faith with other individuals and agencies identified in the appropriate court order by providing information or records about a child shall be immune from any civil or criminal liability. The provisions of this section granting immunity from liability shall not be extended to any person alleged to have committed an act of child abuse or neglect.
(4) In any proceeding under this section relating to a child of school age, certified copies of school records relating to attendance and academic progress of such child are admissible in evidence.
(5) Except as provided in subsection (4) of this section, any person who publicly discloses information received pursuant to this section shall be guilty of a Class III misdemeanor.
CHAPTER 43. INFANTS AND JUVENILES
ARTICLE 32. MCGRUFF HOUSE
R.R.S. Neb. § 43-3201 (2009)
§ 43-3201. McGruff House; law enforcement agency; obtain criminal history record information on residents; cost
(1) For purposes of this section:
(a) McGruff House shall mean a house that has been designated as a temporary haven for school-age children by a McGruff House program; and
(b) McGruff House program shall mean a program organized by local law enforcement agencies and civic organizations to provide a temporary haven and sense of security to school-age children in emergency or threatening situations.
(2) A local law enforcement agency involved in establishing a McGruff House program may obtain criminal history record information maintained by the Nebraska State Patrol or any other law enforcement agency to investigate each person eighteen years of age or older residing in a house for which an application for designation as a McGruff House has been made.
(3) There shall be no cost to the applicant for the McGruff House designation or to the McGruff House program sponsoring the applicant for a criminal history record information check referred to in subsection (2) of this section utilizing Nebraska criminal history record information when the request involves only the electronic transfer of data from Nebraska criminal history record information maintained by the Nebraska State Patrol to the local law enforcement agency requesting the check on the applicant.
CHAPTER 79. SCHOOLS
ARTICLE 2. PROVISIONS RELATING TO STUDENTS
(g) STUDENT DISCIPLINE
R.R.S. Neb. § 79-269 (2009)
§ 79-269. Long-term suspension, expulsion, or mandatory reassignment; hearing; procedure; hearing examiner; how designated; examination of records
(1) If a hearing is requested within five school days after receipt of the notice as provided in section 79-268, the superintendent shall appoint a hearing examiner who shall, within two school days after being appointed, give written notice to the principal, the student, and the student's parent or guardian of the time and place for the hearing.
(2) The hearing examiner shall be any person designated by the school district's superintendent, school board or board of education, or counsel, if such person (a) has not brought the charges against the student, (b) shall not be a witness at the hearing, and (c) has no involvement in the charge.
(3) The hearing shall be scheduled within a period of five school days after it is requested, but such time may be changed by the hearing examiner for good cause. No hearing shall be held upon less than two school days' actual notice to the principal, the student, and the student's parent or guardian, except with the consent of all the parties.
(4) The principal or legal counsel for the school, the student, and the student's parent, guardian, or representative have the right to examine the records and written statements referred to in the Student Discipline Act as well as the statement of any witness in the possession of the school board or board of education at a reasonable time prior to the hearing.
CHAPTER 79. SCHOOLS
ARTICLE 2. PROVISIONS RELATING TO STUDENTS
(i) STUDENT FILES
R.R.S. Neb. § 79-2,104 (2009)
§ 79-2,104. Access to school files; limitation; fees; disciplinary material; removed and destroyed; when
(1) Any student in any public school or his or her parents, guardians, teachers, counselors, or school administrators shall have access to the school's files or records maintained concerning such student, including the right to inspect, review, and obtain copies of such files or records. No other person shall have access to such files or records, and the contents of such files or records shall not be divulged in any manner to any unauthorized person. All such files or records shall be maintained so as to separate academic and disciplinary matters, and all disciplinary material shall be removed and destroyed after a student's continuous absence from the school for a period of three years.
(2) Each public school may establish a schedule of fees representing a reasonable cost of reproduction for copies of a student's files or records for the parents or guardians of such student, except that the imposition of a fee shall not prevent parents of students from exercising their right to inspect and review the students' files or records and no fee shall be charged to search for or retrieve any student's files or records.
(3) This section does not preclude authorized representatives of (a) auditing officials of the United States, (b) auditing officials of this state, or (c) state educational authorities from having access to student or other records which are necessary in connection with the audit and evaluation of federally supported or state-supported education programs or in connection with the enforcement of legal requirements which relate to such programs, except that, when collection of personally identifiable data is specifically authorized by law, any data collected by such officials with respect to individual students shall be protected in a manner which shall not permit the personal identification of students and their parents by other than the officials listed in this subsection. Personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, or enforcement of legal requirements.
§ 79-2,105. School files; provided upon student's transfer
A copy of a public or private school's files or records concerning
a student shall be provided at no charge, upon request, to any public or private
school to which the student transfers.