Gov. Heineman Signs Confidentiality Bill

Lincoln, Neb.) Gov. Dave Heineman today signed LB 782 into law, which updates state statute regarding the disclosure of child welfare information.

 The bill expands the type of information the Nebraska Department of Health and Human Services (DHHS) can release regarding cases of abuse and neglect. The bill contains an emergency clause and takes effect immediately.

 “With today’s signing, we’re making new progress in the effort to increase transparency and accountability at the Department of Health and Human Services,” Gov. Heineman said. “Confidentiality and public disclosure are important issues, but so is confidence and we worked hard to find that balance with this bill. The greater transparency created by LB 782 is an important step in increasing confidence and accountability in DHHS as it works to protect the children of Nebraska.”

 LB 782 allows the DHHS Chief Executive Officer (CEO) or Director of DHHS’s Division of Children and Family Services to disclose information regarding child abuse or neglect and the investigation of services provided to state wards. The bill stipulates that the release of information must be in the best interests of the child and must also involve one of the following circumstances:

·  the alleged perpetrator of abuse or neglect has been charged with a crime relating to the child;

·  a judge, law enforcement official, county attorney, or another investigative agency has publicly disclosed the services related to an investigation;

·  an individual who is the parent, custodian, foster parent, service provider, guardian or child victim over 14 years old has disclosed the abuse or neglect; or

·  a child in DHHS custody is missing from placement, in which case the CEO or Director may release the name and physical description of the child for the safety of the child or for purposes of community safety

The bill gives DHHS the authority to release information related to a child fatality or near fatality and to  confirm, clarify or correct information concerning an allegation or actual instance of child abuse or neglect disclosed by sources outside DHHS. Information will be released in a timely manner, but only when public disclosure does not impede a criminal investigation by a law enforcement agency.