NEBRASKA

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WHO:        ANY person MUST report if s/he has reasonable cause to believe that a child has been subjected to abuse or neglect, or observes a child in conditions or circumstances which reasonably would result in child abuse or neglect.  [Rev. Stat. § 28-711(1)]  

These are mandatory (MUST report): • Physicians, medical institutions, or nurses • School employees • Social workers • The appointed Inspector General of Nebraska Child Welfare (§ 43-4317).  [Rev. Stat. § 28-711]

·       STANDARD (for ALL reporters):  [Rev. Stat. §§ 28-711(1); 28-710(b); 43-2101]  Minor means under age 19 and never married. Child means minor child.

(1)   For all reporters: reasonable cause to believe that a child has been subjected to abuse or neglect OR (2) observation of a child being subjected to conditions or circumstances that reasonably would result in abuse or neglect.

·       PRIVILEGE:  Physician-patient, counselor-client, and husband-wife privileges are NOT grounds for excluding evidence from proceedings resulting from a mandated report of child abuse or neglect.  [Rev. Stat. § 28-714]

WHEN:      For all reporters: (1) IMMEDIATE phone report to DHHS if not already reported to law enforcement.  (2) Follow-on written report; unspecified timing.   [Rev. Stat. § 28-711(1),(2)] 

WHERE & HOW: Either (A) the proper law enforcement agency (below) OR (B) Department of Health and Human Services (DHHS) at its Child Protective Services (CPS) hotline. [Rev. Stat. § 28-711]  Ask the oral report-taking personnel where to send the written report.

·        To reach law enforcement: If danger is imminent, dial 911; report afterward. For a non-emergency directory, see:  https://www.usacops.com/ne/

o   The proper law enforcement agency is: (1) the police department or town marshal in incorporated municipalities; (2) the sheriff’s office in unincorporated areas; or (3) the Nebraska State Patrol. [Rev. Stat. § 28-710(f)]  

·        DHHS Child Abuse and Neglect Hotline:  800-652-1999, statewide toll-free, 24/7.

·        Questions may be emailed to DHHS.ChildrenandFamilyServices@nebraska.gov

·        An info site during business hours is:  http://dhhs.ne.gov/Pages/Child-Abuse.aspx.

·        Other DHHS contact info:  Nebraska Department of Health and Human Services, 301 Centennial Mall South, Lincoln, Nebraska 68509; phone 402-471-3121

OTHER ASPECTS:

·       REPORT DETAILS: (1) the reporter’s name and address are optional but reports MUST contain to the extent available: (2) the child’s address & age; (3) the address of the person with custody of him/her; (4) nature and extent of abuse or neglect, or conditions or circumstances that would reasonably result in abuse or neglect; (5) any evidence of previous abuse or neglect; and (6) any other info the reporter believes may help establish the cause and the perpetrator(s)’s identity.  [Rev. Stat. § 28-711(1)]  DHHS staff also want to know all available info on alleged victims and their household members: (7) child(ren)’s first and last names; (8) school(s) attended, if known; (9) names of others in the home, with their age(s) and phone number(s); (10) full name(s) and address(es) of any non-custodial parents, if known; (11) what is going on and is concerning; (12) how the children are unsafe; (13) specific incidents, with as much detail as possible; (14) where it happened; (15) when it happened; (16) who was there; (17) marks, bruises, or any other signs of physical abuse; (18) any illegal drug use, or misuse of prescription drugs, and how that makes the child(ren) unsafe; (19) any injury as a result of domestic violence, if applicable; and (20) how the child(ren) is/are affected.  [http://dhhs.ne.gov/Pages/Child-Abuse.aspx]

·       REPORTER PROTECTION: (1) The initial oral report MAY include the reporter’s name and address. [Rev. Stat. § 28-711(1)]  (2) The reporter’s name and address are not released.  [Rev. Stat. § 28-719]  (3) Any reporter is immune from civil and criminal liability except for maliciously false statements.  [Rev. Stat. § 28-716]

WHY:        (1) ANYONE who willfully fails to make a required report commits a class III misdemeanor.  [Rev. Stat. § 28-717] 

WHAT:      Nebraska defines child abuse or neglect as any of: endangerment to life or physical or mental health; cruel confinement or cruel punishment, neglect by deprivation or child alone in a vehicle; sexual abuse or sexual exploitation; or human trafficking.  [Rev. Stat. § 28-710(b)]   

Initial Screening Criteria: (a) whether allegations meet the definition of child abuse and neglect; (b) if allegations do NOT meet the definition, whether other agencies or DHHS programs exist to deal with the concern.  [Admin. R. & Regs. tit. 390, §§ 3-006.02]

Reportable: (a) a parent, guardian, relative, or other caregiver for endangering life or physical or mental health; cruelty in confining or punishing, neglect (deprivation; unattended child; exposure to domestic violence; abandonment; or substance abuse effects), sexual abuse, sexual exploitation in commercial sex or porn, or trafficking for commercial sex or hard labor; (b) a parent or stepparent for abandonment; (c) the birth mother for prenatal substance abuse; or (d) anyone (as a crime for legal follow-up) for endangering life or physical or mental health; cruelty in confining or punishing, depriving necessities, unattended young child in a vehicle, sexual abuse, sexual exploitation in commercial sex or porn, or trafficking for commercial sex or labor.  [See items below]

·     The statutory definitions are not limited by the perpetrator’s relationship except for abandonment. All maltreatment is reportable; law enforcement and DHHS split the follow-up depending on whether it is primarily a family matter or a serious crime.

Child Abuse or Neglect is knowingly, intentionally, or negligently causing or permitting a minor child to be: (a) in a situation that endangers his/her life or physical or mental health; (b) cruelly confined or cruelly punished; (c) deprived of necessary food, clothing, shelter, or care; (d) left unattended in a motor vehicle at age 6 or younger; (e) in a situation to be sexually abused; (f) in a situation to be sexually exploited by sex trafficking (§ 28-830) or by allowing, encouraging, or forcing him/her to engage in debauchery, public indecency, or obscene or porn photos, films, or depictions; or (g) in a trafficking situation (for commercial sex or other labor) (§ 28-830)    [Rev. Stat. §§ 28-710(b); 28-707(1)]   

Physical Abuse is non-accidental physical injury (from minor bruises to severe fractures or death) by punching, beating, kicking, biting, shaking, throwing, stabbing, choking, hitting (by hand, stick, strap or other object), burning or other harm, inflicted by a parent, caregiver or other person responsible for the child. It is abuse regardless of whether the caregiver intended injury.  [http://dhhs.ne.gov/Pages/Child-Abuse.aspx]

(A)     Caveat: physical discipline, such as spanking, is not abuse as long as it is reasonable and causes no bodily injury to the child. Never shake a baby: it injures the brain. As to spanking: DHHS advises doing it only a clothed bottom with an open hand to avoid leaving marks, and never spanking while angry.

(B)     Criminal cases: non-accidental injury by someone other than a parent, guardian, relative or other caregiver, is a crime (CPS doesn’t handle it).

Emotional Abuse is behavior that harms a child's emotional development or sense of self-worth. Examples: (a) constant criticism, threats, or rejection; and (b) withholding love, support, or guidance.  [http://dhhs.ne.gov/Pages/Child-Abuse.aspx]

Cruel Confinement or Cruel Punishment are not defined by the statutes reviewed, beyond the limitations on physical or emotional abuse or neglect of children.

Neglect as defined by DHHS clarifies what care is. Neglect is when: (a) a parent, guardian or other caregiver (b) fails to provide for (c) a child’s basic needs. These are: physical (food, [clothing], shelter, appropriate supervision); medical (medical or mental health treatment as needed); educational (education or special education as needed); and emotional (meeting emotional needs, psychological care as needed; not allowing the child to use alcohol or drugs).  [http://dhhs.ne.gov/Pages/Child-Abuse.aspx]

(A)     Factors in maltreatment may include both community standards of care and poverty, requiring information or assistance for families.

(B)     Whether a child should be left alone depends on maturity level. A child age 6 or younger should never be left alone. Baby sitters should be pre-checked as safe. Older children in charge of younger one should have emergency phone numbers.

(C)     Exposure to domestic violence is considered neglect, even if the children are believed to be asleep. Exposure to DV is traumatizing, with effects including hypervigilance, concentration problems, and emotional issues.

(D)     Abandonment is neglect, where a parent or stepparent abandons and neglects or refuses to provide for a child under age 16, for 3 consecutive months or more. It is immaterial whether the child is born in wedlock.  [Rev. Stat. § 28-705(1)-(3)]  But a child no more than 30 days old may be left in the custody of an employee on duty at a licensed hospital (Safe Haven law).  [http://dhhs.ne.gov/Pages/Child-Abuse.aspx]

(E)     Substance abuse may be neglect if it is any of: (a) prenatal exposure due to birth the mother’s use of an illegal drug or other substance; (b) manufacturing methamphetamine in a child’s presence; (c) selling, distributing, or giving illegal drugs or alcohol to a child, or allowing anyone else to do it, or leaving them in a child’s reach; or (d) being under the influence in a child’s presence from illegal drugs, misused prescription drugs, or drunkenness.

Sexual Offenses  [Rev. Stat. § 28-710(b); http://dhhs.ne.gov/Pages/Child-Abuse.aspx; 42 USC § 5106g(a)(4)]

(A)    Sexual abuse definition (DHHS citing federal CAPTA): (a) to employ, use, persuade, induce, entice, or coerce any child to do or assist any other person in, sexually explicit conduct or simulation to produce a visual depiction of it; or (b) the rape, or in caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other sexual exploitation of a child, or incest with him/her.

(B)    Sexual abuse examples include: (a) fondling a child's genitals; (b) penetration; (c) incest; (d) rape; (e) sodomy; (f) indecent exposure.

(1)        CONTEXT: AGE OF CONSENT is 16. A child age 12, 13, 14, or 15 may consent to another in the age range 12-18, because sexual assault (statutory rape) laws cite age 19 or more.  [Rev. Stat. §§ 28-319(1)(c); 28-319.01(1); 28-320.01(1)]

(2)        INCEST includes sexual penetration knowing the other person is one’s parent, child, grandparent or grandchild of any degree, brother or sister of half or whole blood, uncle, niece, aunt, or nephew. It includes sexual penetration between a stepparent and his/her stepchild under age 19. [Rev. Stat. §§ 28-702, 28-703(1)]

(C)    Sexual exploitation includes allowing, encouraging, or forcing the child to solicit for or engage in: (a) prostitution; (b) debauchery; (c) public indecency; or (d) obscene or pornographic photography, films, or depictions.

(D)    Sexual trafficking of a minor is to knowingly do or attempt to: (a) recruit, entice, harbor, transport, provide, solicit, or obtain by any means a minor (b) for, or to cause or try to cause the minor to engage in (c) commercial sexual activity, a sexually explicit performance, or production of pornography.  [Rev. Stat. §§ 28-830(12)]

(Human) Labor Trafficking of a Minor means to knowingly do or attempt to: (a) recruit, entice, harbor, transport, provide, or obtain by any means a minor (b) intending or knowing that the minor will be subjected to forced labor or services.  [Rev. Stat. § 28-830(8); http://dhhs.ne.gov/Pages/Human-Trafficking.aspx]

Note: trafficking in adults is also illegal for either sexual services or labor, but generally requires an element of force, fraud, or coercion whereas trafficking in minors does not.