Nebraska Statutes 71-1936. Alleged violation of act; complaint; investigation; department; duties; confidentiality; immunity; report
(1) Any person may submit a complaint to the department and request investigation of an alleged violation of the Children’s Residential Facilities and Placing Licensure Act or rules and regulations adopted and promulgated under the act. The department shall review all complaints, including complaints of such violations received pursuant to section 28-711, and determine whether to conduct an investigation within five working days after receiving the complaint. In making such determination, the department may consider factors such as:
Terms Used In Nebraska Statutes 71-1936
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Testify: Answer questions in court.
(a) Whether the complaint pertains to a matter within the authority of the department to enforce;
(b) Whether the circumstances indicate that a complaint is made in good faith;
(c) Whether the complaint is timely or has been delayed too long to justify present evaluation of its merit;
(d) Whether the complainant may be a necessary witness if action is taken and is willing to identify himself or herself and come forward to testify if action is taken; or
(e) Whether the information provided or within the knowledge of the complainant is sufficient to provide a reasonable basis to believe that a violation has occurred or to secure necessary evidence from other sources.
(2) A complaint submitted to the department shall be confidential. An individual submitting a complaint shall be immune from criminal or civil liability of any nature, whether direct or derivative, for submitting a complaint or for disclosure of documents, records, or other information to the department.
(3) If an investigation is conducted under this section, an investigation report shall be issued within sixty days after the determination is made to conduct the investigation, except that the final investigation report may be issued within ninety days after such determination if an interim report is issued within sixty days after such determination.