43-3001 Child in state custody; court records and information; court order authorized; information confidential; immunity from liability; school records as evidence; violation; penalty.
43-3001. Child in statecustody; court records and information; court order authorized; informationconfidential; immunity from liability; school records as evidence; violation;penalty.(1) Notwithstanding any other provisionof law regarding the confidentiality of records and when not prohibited bythe federal Privacy Act of 1974, as amended, juvenile court records and anyother pertinent information that may be in the possession of school districts, school personnel, county attorneys,the Attorney General, law enforcement agencies, child advocacy centers, stateprobation personnel, state parole personnel, youth detention facilities, medicalpersonnel, treatment or placement programs, the Department of Health and HumanServices, the Department of Correctional Services, the State Foster Care ReviewBoard, child abuse and neglect investigation teams, child abuse and neglecttreatment teams, or other multidisciplinary teams for abuse, neglect, or delinquencyconcerning a child who is in the custody of the state may be shared with individualsand agencies who have been identified in a court order authorized by thissection.(2) In any judicial proceeding concerning a child who iscurrently, or who may become at the conclusion of the proceeding, a ward ofthe court or state or under the supervision of the court, an order may beissued which identifies individuals and agencies who shall be allowed to receiveotherwise confidential information concerning the child for legitimate andofficial purposes. The individuals and agencies who may be identified in thecourt order are the child's attorney or guardian ad litem, the parents' attorney,foster parents, appropriate school personnel, county attorneys, the AttorneyGeneral, authorized court personnel, law enforcement agencies, state probationpersonnel, state parole personnel, youth detention facilities, medical personnel, court appointed special advocate volunteers, treatmentor placement programs, the Department of Health and Human Services, the Officeof Juvenile Services, the Department of Correctional Services, the State FosterCare Review Board, child abuse and neglect investigation teams, child abuseand neglect treatment teams, othermultidisciplinary teams for abuse, neglect, or delinquency, and other individuals and agencies for which the courtspecifically finds, in writing, that it would be in the best interest of thejuvenile to receive such information. Unless the order otherwisestates, the order shall be effective until the child leaves the custody ofthe state or until a new order is issued.(3) All information acquired by an individual or agency pursuantto this section shall be confidential and shall not be disclosed except toother persons who have a legitimate and official interest in the informationand are identified in the court order issued pursuant to this section withrespect to the child in question. A person who receives such information orwho cooperates in good faith with other individuals and agencies identifiedin the appropriate court order by providing information or records about achild shall be immune from any civil or criminal liability. The provisionsof this section granting immunity from liability shall not be extended toany person alleged to have committed an act of child abuse or neglect.(4) In any proceeding under this section relating to a childof school age, certified copies of school records relating to attendance andacademic progress of such child are admissible in evidence.(5) Except as provided in subsection (4) of this section,any person who publicly discloses information received pursuant to this sectionshall be guilty of a Class III misdemeanor. SourceLaws 1993, LB 719, § 1; Laws 1994, LB 988, § 27; Laws 1996, LB 1044, § 233; Laws 2006, LB 1113, § 42; Laws 2008, LB1014, § 67; Laws 2009, LB35, § 29.