§ 28-377 — Records relating to abuse; access

Except as otherwise provided in sections 28-376 to 28-380 , no person, official, or agency shall have access to the records relating to abuse unless in furtherance of purposes directly connected with the administration of the Adult Protective Services Act and section 28-726 . Persons, officials, and agencies having access to such records shall include, but not be limited to:
(1) A law enforcement agency investigating a report of known or suspected abuse;
(2) A county attorney in preparation of an abuse petition;
(3) A physician who has before him or her a person whom he or she reasonably suspects may be abused;
(4) An agency having the legal responsibility or authorization to care for, treat, or supervise an abused vulnerable adult;
(5) Defense counsel in preparation of the defense of a person charged with abuse;
(6) Any person engaged in bona fide research or auditing, except that no information identifying the subjects of the report shall be made available to the researcher or auditor. The researcher shall be charged for any costs of such research incurred by the department at a rate established by rules and regulations adopted and promulgated by the department;
(7) The designated protection and advocacy system authorized pursuant to the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. 6000, as the act existed on September 1, 2001, and the Protection and Advocacy for Mentally Ill Individuals Act, 42 U.S.C. 10801, as the act existed on September 1, 2001, acting upon a complaint received from or on behalf of a person with developmental disabilities or mental illness; and
(8) The department, as required or authorized by state law, federal law, federal regulation, or applicable federal program provisions and in furtherance of its programs.

Legislative History

Source: Laws 1988, LB 463, § 30; Laws 1992, LB 643, § 1; Laws 2001, LB 214, § 1; Laws 2007, LB296, § 33; Laws 2020, LB1148, § 1.