Nebraska Child Abuse Laws

Nebraska state laws provide comprehensive protection for children against abuse, exploitation, and neglect. The state's Child Protection and Family Safety Act establishes the legal framework that protects children’s well-being while respecting parental rights.

This article provides an overview of child abuse laws in Nebraska, including how the state defines child abuse, who the state identifies as mandatory reporters, and related criminal penalties.

If you suspect a child is being abused, it's essential to report it right away. Nebraska law requires anyone who has reasonable cause to believe a child is experiencing abuse or neglect to file a report with the Department of Health and Human Services. You can report by phone or online.

If you or someone you know is facing criminal charges related to child abuse in Nebraska, consider speaking with a local criminal defense attorney as soon as possible. The penalties for a conviction are severe in these cases, so it's important to have someone on your side to protect your rights.

Overview of Child Abuse Laws in Nebraska

Under Nebraska Revised Statutes §28-710, child abuse includes various forms of harm committed against a minor. The state law particularly addresses the following:

• Physical abuse
• Sexual abuse or exploitation
• Emotional abuse
• Neglect
• Abandonment

Below, we'll get into some of the details.

What Constitutes Child Abuse in Nebraska?

Nebraska law (Neb. Rev. Stat. §28-707) defines child abuse as the act of knowingly, intentionally, or negligently allowing or causing a minor child to be:

• In a situation that endangers the child’s life, physical or mental health
• Cruelly punished or confined
• Deprived of necessary clothing, food, shelter, or care
• Sexually abused or exploited
• Made a victim of sex trafficking

State law also specifically prohibits leaving a child unattended in a motor vehicle if they are under six years old.

Mandatory Reporters in Nebraska

Mandatory reporters are people required by law to report suspected child abuse. Many states limit mandatory reporting to certain professionals who often interact with children. Common examples of mandatory reporters include:

• Healthcare providers such as physicians, nurses, and other medical personnel
• Mental health professionals
• Social workers
• School employees
• Childcare workers

However, Nebraska state law requires everyone to report suspected cases of child abuse or neglect. Anyone who has reasonable cause to believe a child is experiencing abuse or neglect must file a report.

Where Can I Report Child Abuse?

You can file a report to the following:

• The Nebraska Department of Health and Human Services (DHHS)
• Local law enforcement agencies
• Child Abuse and Neglect Hotline: 1-800-652-1999 or online

The Child Abuse and Neglect hotline is toll-free and available 24 hours a day, 7 days a week. However, if the situation requires immediate assistance, call 911.

State law protects a reporter's identity. Your name and address will not be included in any release of information outside of DHHS or the county attorney's office. The child's parent will not be told who reported them.

Charges and Penalties

Nebraska state law imposes strict penalties on those found guilty of child abuse or neglect. Many child abuse charges are classified as felonies in Nebraska.

• Negligent child abuse: Class I misdemeanor, punishable by up to one year in prison, a $1,000 fine, or both

• Negligent child abuse that results in serious bodily injury or death: Class IIA felony, punishable by up to 20 years in prison

• Knowing or intentional child abuse: Class IIIA felony, punishable by up to three years in prison, a $10,000 fine, or both

• Knowing or intentional child abuse resulting in serious bodily injury: Class II felony, punishable by a minimum of one year and a maximum of 50 years in prison

• Knowing and intentional child abuse resulting in death: Class IB felony, punishable by a minimum of 20 years and up to life imprisonment

In this context, “negligent” refers to criminal negligence under Nebraska law. It means that the person knew or should have known the dangers involved, yet they acted recklessly concerning the child’s health and safety.

Seek Legal Help

If you or someone you know is dealing with domestic violence or child abuse in Nebraska, seek help right away. Call 911 if anyone is at immediate risk of harm. For legal advice, contact a qualified Nebraska family law attorney who can help you navigate the complexities of child abuse laws. They can help you file protective orders and advocate for the best interests of all parties involved.

If you are accused of child abuse or neglect, seek legal advice from a criminal defense attorney. They can help evaluate the evidence against you and identify potential legal defenses. They can also help in minimizing the serious legal consequences that child abuse charges can bring to your future, particularly the possible impact on custody rights and employment.