Who is mandated to report?

Are all health clinicians mandated to report?

  • Yes.

Who else is a mandated reporter?

  • Medical institutions
  • Nurses
  • School employees
  • Social workers

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

When is the reporting duty triggered?

What is the standard?

  • A report is required when:
    • A reporter has reasonable cause to believe that a child has been subjected to child abuse or neglect.
    • A reporter observes a child being subjected to conditions or circumstances that reasonably would result in abuse or neglect

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

What must be reported?

How does state law define child abuse and neglect for reporting purposes?

  • Mandated reporters must report child abuse or neglect as defined by Nebraska statute 28-710 and legal guidance interpreting the statute.
    • Child abuse or neglect means knowingly, intentionally, or negligently causing or permitting a minor child to be:
      • Placed in a situation that endangers his or her life or physical or mental health;
      • Cruelly confined or cruelly punished;
      • Deprived of necessary food, clothing, shelter, or care;
      • Left unattended in a motor vehicle if such minor child is six years of age or younger;
      • Sexually abused; or
      • Sexually exploited by allowing, encouraging, or forcing such person to solicit for or engage in prostitution, debauchery, public indecency, or obscene or pornographic photography, films, or depictions

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?

For the most current definitions of these terms, refer to Nebraska Revised Statutes at the Nebraska Legislature website and the Justia US Law website.

How to report:

What is the method of reporting?

  • When a mandated reporter has reasonable cause to believe that a child has been subjected to abuse or neglect, he or she shall report to the proper law enforcement agency or the Department of Health and Human Services on the toll-free number.
  • The report may be made orally by telephone with the caller giving his or her name and address and shall be followed by a written report.

For more information, refer to Making and Screening Reports for Child Abuse and Neglect at the Child Welfare Information Gateway.

What is the timeline in which to report?

  • A report is to be made when a mandated reporter has reason to believe a child is being subjected to abuse and/or neglect. An oral report is to be followed up with a written report.

For more information, refer to Making and Screening Reports for Child Abuse and Neglect at the Child Welfare Information Gateway.

To whom are reports made?

  • The department shall establish a statewide toll-free number to be used by any person any hour of the day or night, any day of the week, to make reports of child abuse or neglect.

For more information, refer to Making and Screening Reports for Child Abuse and Neglect at the Child Welfare Information Gateway.

State/County Hotline?

  • Adult and Child Abuse and Neglect Hotline
  • 1-800-652-1999

Confidentiality:

What federal confidentiality laws apply to health information collected during a Title X visit?

  • Title X regulations 42 CFR 59.11
  • HIPAA 45 CFR 164.502

Is there an exception in federal confidentiality law that allows a clinician to comply with mandatory child abuse reporting laws?

  • Yes.