Nebraska Statutes 43-4327. Inspector General’s report of investigation; contents; distribution
(1) The Inspector General‘s report of an investigation shall be in writing to the Public Counsel and shall contain recommendations. The report may recommend systemic reform or case-specific action, including a recommendation for discharge or discipline of employees or for sanctions against a foster parent, private agency, licensed child care facility, or other provider of child welfare services or juvenile justice services. All recommendations to pursue discipline shall be in writing and signed by the Inspector General. A report of an investigation shall be presented to the director, the probation administrator, or the executive director within fifteen days after the report is presented to the Public Counsel.
Terms Used In Nebraska Statutes 43-4327
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Administrator: means a person charged with administration of a program, an office, or a division of the department or administration of a private agency or licensed child care facility, the probation administrator, or the executive director. See Nebraska Statutes 43-4304
- Commission: means the Nebraska Commission on Law Enforcement and Criminal Justice. See Nebraska Statutes 43-4304.02
- Department: means the Department of Health and Human Services. See Nebraska Statutes 43-4305
- Director: means the chief executive officer of the department. See Nebraska Statutes 43-4306
- Executive director: means the executive director of the commission. See Nebraska Statutes 43-4306.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Inspector General: means the Inspector General of Nebraska Child Welfare appointed under section 43-4317. See Nebraska Statutes 43-4307
- Juvenile services division: means the Juvenile Services Division of the Office of Probation Administration. See Nebraska Statutes 43-4307.01
- Licensed child care facility: means a facility or program licensed under the Child Care Licensing Act, the Children's Residential Facilities and Placing Licensure Act, or sections 71-1901 to 71-1906. See Nebraska Statutes 43-4308
- Malfeasance: means a wrongful act that the actor has no legal right to do or any wrongful conduct that affects, interrupts, or interferes with performance of an official duty. See Nebraska Statutes 43-4309
- Misfeasance: means the improper performance of some act that a person may lawfully do. See Nebraska Statutes 43-4311
- 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
- Private agency: means a child welfare agency that contracts with the department or the Office of Probation Administration or contracts to provide services to another child welfare agency that contracts with the department or the Office of Probation Administration. See Nebraska Statutes 43-4314
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Statute: A law passed by a legislature.
(2) Any person receiving a report under this section shall not further distribute the report or any confidential information contained in the report beyond the entity that is the subject of the report. The Inspector General, upon notifying the Public Counsel and the director, the probation administrator, or the executive director, may distribute the report, to the extent that it is relevant to a child’s welfare, to the guardian ad litem and attorneys in the juvenile court in which a case is pending involving the child or family who is the subject of the report. The report shall not be distributed beyond the parties except through the appropriate court procedures to the judge.
(3) A report that identifies misconduct, misfeasance, malfeasance, or violation of statute, rules, or regulations by an employee of the department, the juvenile services division, the commission, a private agency, a licensed child care facility, or another provider that is relevant to providing appropriate supervision of an employee may be shared with the employer of such employee. The employer may not further distribute the report or any confidential information contained in the report.