§ 28-713.01. Cases of child abuse or neglect; completion of investigation; notice; when; right to appeal; right to amend or expunge information; appeal.

(1) Upon completion of the investigation pursuant to section 28-713: (a) In situations of alleged out-of-home child abuse or neglect, the person or persons having custody of the allegedly abused or neglected child or children shall be given written notice of the results of the investigation and any other information the law enforcement agency or department deems necessary. Such notice and information shall be sent by first-class mail; (b) Prior to the entry of the subject's name on the central registry of child protection cases maintained pursuant to section 28-718, the subject of the report of child abuse or neglect shall be given written notice of the determination of the case and whether the subject of the report of child abuse or neglect will be entered into the central registry of child protection cases maintained pursuant to section 28-718 under the criteria provided in section 28-720; (c) If the subject of the report of child abuse or neglect is a school employee and the child is a student in the school to which such school employee is assigned for work, the notice described in subdivision (1)(b) of this section shall also be sent to the Commissioner of Education; and (d) If the subject of the report of child abuse or neglect is a member of a military family, the notice described in subdivision (1)(b) of this section shall also be sent to the appropriate military installation as provided in section 28-712.02. (2) If the subject of the report will be entered into the central registry, the notice to the subject shall be sent by certified mail with return receipt requested or first-class mail to the last-known address of the subject of the report of child abuse or neglect and shall include: (a) The nature of the report; (b) The classification of the report under section 28-720; (c) Notification of the right of the subject of the report of child abuse or neglect to request: (i) An appeal within fourteen calendar days after the date of the notice of the department's determination is sent to the person who allegedly abused or neglected a child and (ii) the department to amend or expunge identifying information from the report or to remove the substantiated report from the central registry in accordance with section 28-723; (d) If the subject of the report of child abuse or neglect is a minor child who is twelve years of age or older but younger than nineteen years of age: (i) Notification of the mandatory expungement hearing to be held according to section 28-721, a waiver form to waive the hearing, and an explanation of the hearing process; (ii) An explanation of the implications of being entered in the central registry as a subject; (iii) Notification of any other procedures determined appropriate in rules and regulations adopted and promulgated by the department; and (iv) Provision of a copy of all notice materials required to be provided to the subject under this subsection to the minor child's attorney of record, parent or guardian, and guardian ad litem, if applicable; and (e) Any notification required by this section shall be sent to the subject at least fourteen days prior to the date the subject's name will be entered on the central registry of child protection cases. No person shall be entered on the central registry of child protection cases without first being notified of the right to contest the case determination. (3) If the subject of the report will not be entered into the central registry, the notice to the subject shall be sent by first-class mail and shall include: (a) The nature of the report; and (b) The classification of the report under section 28-720. (4) The subject of the report may appeal the decision of the department under this section. The appeal shall be pursuant to the Administrative Procedure Act. History: Laws 1994, LB 1035, § 3; Laws 1997, LB 119, § 3; Laws 2005, LB 116, § 4; Laws 2012, LB1051, § 17; Laws 2014, LB853, § 6; Laws 2015, LB292, § 1; Laws 2020, LB881, § 11; Laws 2025, LB80, § 33; Laws 2026, LB668, § 4.