Child Abuse Reporting Laws for Nebraska

State and Statute: Nebraska, Stats. §§ 28-710 et seq.

What Is Reportable "Abuse": Physical, sexual, sexual exploitation, or mental abuse or neglect. [28- 710(2)(b)]

Mandatory Reporters: Any person having reasonable cause to believe that a child has been subjected to abuse or neglect. [28-711(1)]

How and Where to Report: Orally by telephone to the Department of Health and Human Services, a law enforcement agency, or the state's 24-hour, toll-free hotline (1-800-652-1999), followed by a written report. [28-711(1)(2)]

Timeline to Report: Immediately. [28-711(2)]

Clergy Privilege: "The privileged communication between patient and physician, between client and professional counselor, and between husband and wife shall not be a ground for excluding evidence in any judicial proceeding resulting from a [child abuse report]." [28-714]

Penalty for Knowingly Failing to Report: Class III misdemeanor. [28-717]

Civil Liability for Failure to Report Recognized? No statute recognizes civil liability. Consult with legal counsel to ensure no recent court decisions in Nebraska have recognized civil liability.

Immunity for Inaccurate Report: "Any person participating in … the making of a report of child abuse or neglect … shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, except for maliciously false statements." [28-716]

Disclosure of Mandatory Reporter’s Identity: Reporter's identity not to be included in any statutory access to records. [28-719] Absent a court order, no disclosure to alleged perpetrator, victim, or victim's guardian when reporter made a good-faith report. [28-722]