Nebraska § 28-723 Subject of report;
request to amend, expunge, or remove information; denied; hearing; decision;
appeal

Nebraska Statutes

§ 28-723 — Subject of report; request to amend, expunge, or remove information; denied; hearing; decision; appeal

Nebraska § 28-723

Ch. 28Crimes and Punishments

This text of Nebraska § 28-723 (Subject of report; request to amend, expunge, or remove information; denied; hearing; decision; appeal) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 28-723 (2026).

Text

At any time subsequent to the completion
of the department's investigation, the subject of the report of child abuse
or neglect may request the department to amend, expunge identifying information
from, or remove the record of the report from the central registry of
child protection cases maintained pursuant to section  28-718 . If the department
refuses to do so or does not act within thirty days, the subject of the report
of child abuse or neglect shall have the right to a fair hearing within the
department to determine whether the record of the report of child abuse or
neglect should be amended, expunged, or removed on the grounds that it is
inaccurate or that it is being maintained in a manner inconsistent with the
Child Protection and Family
Safety Act. Such fair hearing shall be held

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At any time subsequent to the completion
of the department's investigation, the subject of the report of child abuse
or neglect may request the department to amend, expunge identifying information
from, or remove the record of the report from the central registry of
child protection cases maintained pursuant to section 28-718 . If the department
refuses to do so or does not act within thirty days, the subject of the report
of child abuse or neglect shall have the right to a fair hearing within the
department to determine whether the record of the report of child abuse or
neglect should be amended, expunged, or removed on the grounds that it is
inaccurate or that it is being maintained in a manner inconsistent with the
Child Protection and Family
Safety Act. Such fair hearing shall be held within a reasonable
time after the subject's request and at a reasonable place and hour. In such
hearings, the burden of proving the accuracy and consistency of the record
shall be on the department. A juvenile court finding of child abuse or child
neglect shall be presumptive evidence that the report was not unfounded. The
hearing shall be conducted by the chief executive officer of
the department or his or her designated agent, who is hereby authorized and
empowered to order the amendment, expunction, or removal of the record to
make it accurate or consistent with the requirements of the act. The decision
shall be made in writing, at the close of the hearing or within thirty days thereof, and shall state
the reasons upon which it is based. Decisions of the department may be appealed
under the
Administrative Procedure Act.

Legislative History

Source: Laws 1979, LB 505, § 11; Laws 1982, LB 522, § 6; Laws 2005, LB 116, § 15; Laws 2014, LB853, § 13. Cross References: Administrative Procedure Act, see section 84-920. Annotations: The Department of Health and Human Services Regulation and Licensure must prove the accuracy and consistency of a central registry report of child abuse or neglect by a preponderance of the evidence in a hearing to expunge, amend, or remove a report under this section. Benitez v. Rasmussen, 261 Neb. 806, 626 N.W.2d 209 (2001).