5-015.30 Disclosure of Information
473 NAC 5-015.30
Information which becomes available to staff in the course of their protective services duties and to the Central Office for maintenance of the Central Registry is subject to confidentiality as defined by Nebraska Statues.
Staff shall release information regarding the abuse/neglect records within the Central Registry and/or the local unit only when court ordered or in compliance with Nebraska statute to individuals described within this subsection. The information released must not include the name and address of the complainant or information that would be harmful or detrimental to the subject of a report unless required by law. Central Office staff members shall document and maintain in the Central Registry dates and identifying information on individuals requesting information.
Upon request, the allegedly abused/neglected adult or his/her guardian (if the adult is legally incapacitated) is entitled to receive a copy of his/her Central Registry record, excluding the name of the reporter.
Staff shall disclose information contained within the Central Registry or local unit records to the following individuals:
1. A local service unit in the furtherance of its responsibilities;
2. A law enforcement agency investigating a report of known or suspected abuse/neglect;
3. A county attorney or other attorney preparing an abuse/neglect petition (e.g., involuntary mental health commitment);
4. A physician who has before him/her an adult s/he reasonably suspects may be abused/neglected;
5. An agency having the legal responsibility or authorization to care for, treat, or supervise the abused/neglected adult; or a parent or guardian responsible for the abused/ neglected adult;
6. Any individual engaged in bona fide research or auditing. Statistical or other non-identifying information may be released as long as there is no disclosure of the allegedly abused/neglected adult's name or any other identifying information; and
7. Defense counsel in preparation of the defense of a person charged with abuse.
Local unit staff shall inform the reporter that the information contained within the report will be released only to the appropriate law enforcement agency, the county attorney (if legal intervention is necessary), the Nebraska Department of Health (when the report involves facilities they license), or when otherwise required by law. In addition, staff shall advise the reporter that if the alleged abuse/neglect incident requires court intervention, it may be necessary for him/her to testify in court as to his/her knowledge of the alleged incident(s).
If a reporter inquires about the action taken on his/her report, staff may release only the following information:
1. Whether an investigation has been conducted; and
2. Whether the local service unit is remaining involved.
Local unit staff shall give no other information to the reporter except as it relates directly to the reporter's relationship with the adult. Upon request, a physician or the individual in charge of an institution, facility, or agency making a legally mandated report is entitled to a written summary of the information listed above.