LB 298 — Provide for the Division of Legislative Oversight, the Director of Legislative Oversight, and the Legislative Oversight Committee and change provisions relating to the Public Counsel, the office of Inspector General of Nebraska Child Welfare, and the office of Inspector General of the Nebraska Correctional System

Section 81-8,242, Reissue Revised Statutes of Nebraska, is amended to read:

-1- LB298 LB298 2025 81-8,242 The Public Counsel shall be a person well equipped to analyze problems of law, administration, and public policy , and during such person's term of office shall not be actively involved in partisan affairs.

No person may serve as Public Counsel within two years of the last day on which such person served as a member of the Legislature , or while such person is a candidate for or holds any other state office , or while such person is engaged in any other occupation for reward or profit.

Sec.

5.

Section 81-8,243, Reissue Revised Statutes of Nebraska, is amended to read:

81-8,243 The Public Counsel shall serve for a term of six years, unless removed for cause as determined by a two-thirds vote by vote of two-thirds of the members of the Legislature or, if the Legislature is not in session, by a two-thirds vote of the members of the Legislative Council upon their determining that the Public Counsel has become incapacitated or has been guilty of neglect of duty or misconduct.

If the office of Public Counsel becomes vacant for any reason cause, the deputy public counsel shall serve as acting public counsel until a successor Public Counsel is has been appointed for a full term.

The Public Counsel shall receive such salary as is set by the Executive Board of the Legislative Council.

Sec.

6.

Section 81-8,244, Reissue Revised Statutes of Nebraska, is amended to read:

81-8,244 (1) (1)(a) The Public Counsel may select, appoint, and compensate as the Public Counsel he or she sees fit, within the amount available by appropriation, such assistants and employees as the Public Counsel he or she deems necessary to discharge the responsibilities under the Office of Public Counsel Act.

The Public Counsel sections 81-8,240 to 81-8,254.

He or she shall appoint and designate one assistant to be a deputy public counsel, one assistant to be a deputy public counsel for corrections, one assistant to be a deputy public counsel for institutions, and one assistant to be a deputy public counsel for public welfare services.

(2) (b) Such deputy public counsels shall be subject to the control and supervision of the Public Counsel.

(3) (c) The authority of the deputy public counsel for corrections shall extend to all facilities and parts of facilities, offices, houses of confinement, and institutions which are operated by the Department of Correctional Services and all county or municipal correctional or jail facilities.

(4) (d) The authority of the deputy public counsel for institutions shall extend to all mental health institutions and facilities operated by the Department of Health and Human Services, to all veterans institutions operated by the Department of Veterans' Affairs, and to all regional behavioral health authorities that provide services and all community-based behavioral health services providers that contract with a regional behavioral health authority to provide services, for any individual who was a patient within the prior twenty- four months of a state-owned and state-operated regional center, and to all complaints pertaining to administrative acts of the department, authority, or provider when those acts are concerned with the rights and interests of individuals placed within those institutions and facilities or receiving community-based behavioral health services.

(5) (e) The authority of the deputy public counsel for public welfare services shall extend to all complaints pertaining to administrative acts of administrative agencies when those acts are concerned with the rights and interests of individuals involved in the public welfare services system of the State of Nebraska.

(6) (f) The Public Counsel may delegate to members of the staff any authority or duty under the Office of Public Counsel Act sections 81-8,240 to 81-8,254 except the power of delegation and the duty of formally making recommendations to administrative agencies or reports to the Governor or the Legislature.

(2) The Public Counsel shall appoint the Inspector General of Nebraska Child Welfare as provided in section 43-4317.

The Inspector General of Nebraska Child Welfare shall have the powers and duties provided in the Office of Inspector General of Nebraska Child Welfare Act.

(3) The Public Counsel shall appoint the Inspector General of the Nebraska Correctional System as provided in section 47-904.

The Inspector General of the Nebraska Correctional System shall have the powers and duties provided in the Office of Inspector General of the Nebraska Correctional System Act.

Sec.

7.

Section 81-8,245, Reissue Revised Statutes of Nebraska, is amended to read:

81-8,245 The Public Counsel shall have the power to:

(1) Investigate, on complaint or on the Public Counsel's his or her own motion, any administrative act of any administrative agency;

(2) Prescribe the methods by which complaints are to be made, received, and acted upon;

determine the scope and manner of investigations to be made;

and, subject to the requirements of the Office of Public Counsel Act sections 81-8,240 to 81-8,254, determine the form, frequency, and distribution of the Public Counsel's his or her conclusions, recommendations, and proposals;

(3) Conduct inspections of the premises, or any parts of such premises thereof, of any administrative agency or any property owned, leased, or operated by any administrative agency as frequently as is necessary, in the Public Counsel's his or her opinion, to carry out duties prescribed under the Office of Public Counsel Act sections 81-8,240 to 81-8,254;

(4) Request and receive from each administrative agency, and such agency -2- LB298 LB298 2025 shall provide, the assistance and information the Public Counsel counsel deems necessary for the discharge of the Public Counsel's his or her responsibilities;

inspect and examine the records and documents of all administrative agencies notwithstanding any other provision of law;

and enter and inspect premises within any administrative agency's control;

(5) Request the issuance of Issue a subpoena, enforceable by action in an appropriate court, to compel any person to appear, give sworn testimony, or produce documentary or other evidence deemed relevant to a matter under the Public Counsel's his or her inquiry as provided in section 18 of this act .

A person thus required to provide information shall be paid the same fees and travel allowances and shall be accorded the same privileges and immunities as are extended to witnesses in the district courts of this state and shall also be entitled to have counsel present while being questioned;

(6) Undertake, participate in, or cooperate with general studies or inquiries, whether or not related to any particular administrative agency or any particular administrative act, if the Public Counsel he or she believes that such general studies or inquiries they may assist the Legislature in enhancing enhance knowledge about or making lead to improvements in the functioning of administrative agencies;

(7) Make investigations, reports, and recommendations necessary to carry out the Public Counsel's his or her duties under the State Government Effectiveness Act;

(8) Carry out his or her duties under the Office of Inspector General of Nebraska Child Welfare Act.

If any of the provisions of sections 81-8,240 to 81-8,254 conflict with provisions of the Office of Inspector General of Nebraska Child Welfare Act, the provisions of such act shall control;

(9) Carry out his or her duties under the Office of Inspector General of the Nebraska Correctional System Act.

If any of the provisions of sections 81-8,240 to 81-8,254 conflict with the provisions of the Office of Inspector General of the Nebraska Correctional System Act, the provisions of such act shall control;

(8) (10) Investigate allegations of violation of subsection (2) of section 84-908 by an administrative agency pursuant to a complaint made to the Public Counsel's his or her office and make a determination as to whether such administrative agency has violated such subsection.

The Public Counsel shall report the Public Counsel's his or her determination in writing to the Governor, the Secretary of State, the Attorney General, the Executive Board of the Legislative Council, and the director or chief executive officer of the agency.

The report to the executive board shall be submitted electronically;

and (9) (11) Investigate and address the complaint and case of:

(a) Any juvenile committed to the custody of a youth rehabilitation and treatment center;

and (b) Any juvenile released from a youth rehabilitation and treatment center for reentry into the community, while that juvenile is subject to the Community and Family Reentry Process and a service or treatment program in which the juvenile may be involved after the juvenile's his or her release from a youth rehabilitation and treatment center, whether that service or program is administrated by the Office of Juvenile Services or a private provider in the community.

The Office of Juvenile Services and private providers in the community shall cooperate with any investigation conducted by the Public Counsel pursuant to this subdivision and provide all documentation and information requested by the Public Counsel in connection with such an investigation.

Sec.

8.

Section 81-8,246, Reissue Revised Statutes of Nebraska, is amended to read:

81-8,246 (1) In selecting matters for attention, the Public Counsel shall particularly review an administrative act that might be:

(a) (1) Contrary to law or regulation;

(b) (2) Unreasonable, unfair, oppressive, or inconsistent with the general course of an administrative agency's judgments;

(c) (3) Mistaken in law or arbitrary in ascertainments of fact;

(d) (4) Improper in motivation or based on irrelevant considerations;

(e) (5) Unclear or inadequately explained when reasons should have been revealed;

or (f) (6) Inefficiently performed.

(2) The Public Counsel may also work to strengthen procedures and practices which lessen the risk that objectionable administrative acts will occur.

Sec.

9.

Section 81-8,247, Reissue Revised Statutes of Nebraska, is amended to read:

81-8,247 (1) The Public Counsel may receive a complaint from any person concerning an administrative act.

The Public Counsel shall conduct a suitable investigation into the things complained of unless the Public Counsel believes that:

(a) (1) The complainant has another remedy available which the complainant could reasonably be expected to use;

(b) (2) The grievance pertains to a matter outside the Public Counsel's power;

(c) (3) The complainant's interest is insufficiently related to the subject matter;

(d) (4) The complaint is trivial, frivolous, vexatious, or not made in good faith;

-3- LB298 LB298 2025 (e) (5) Other complaints are more worthy of attention;

(f) (6) The Public Counsel's resources are insufficient for adequate investigation;

or (g) (7) The complaint has been too long delayed to justify present examination of its merit.

(2) The Public Counsel's declining to investigate a complaint shall not bar the Public Counsel from proceeding on the Public Counsel's own motion to inquire into related problems.

After completing consideration of a complaint, whether or not it has been investigated, the Public Counsel shall suitably inform the complainant and the administrative agency involved.

Sec.

10.

Section 81-8,248, Reissue Revised Statutes of Nebraska, is amended to read:

81-8,248 Before announcing a conclusion or recommendation that expressly or impliedly criticizes an administrative agency or any person, the Public Counsel shall consult with such that agency or person.

Sec.

11.

Section 81-8,249, Reissue Revised Statutes of Nebraska, is amended to read:

81-8,249 (1) If, having considered a complaint and whatever material the Public Counsel deems pertinent, the Public Counsel is of the opinion that an administrative agency should (a) consider the matter further, (b) modify or cancel an administrative act, (c) alter a regulation or ruling, (d) explain more fully the administrative act in question, or (e) take any other step, the Public Counsel shall make recommendations to the administrative agency.

The If the Public Counsel so requests, the agency may shall, within the time specified, inform the Public Counsel about the action taken on such recommendations or the reasons for not complying with them.

(2) If the Public Counsel believes that an administrative action has been dictated by a statute creating whose results that are unfair or otherwise objectionable, the Public Counsel shall notify the Legislature of the Public Counsel's such views concerning desirable statutory change.

Sec.

12.

Section 81-8,250, Reissue Revised Statutes of Nebraska, is amended to read:

81-8,250 The Public Counsel may report conclusions and suggestions by transmitting them to the Governor, the Legislature or any of its committees, the press, and others who may be concerned.

When publishing an opinion adverse to an administrative agency, the Public Counsel shall include any statement the administrative agency may have made to the Public Counsel by way of explaining its past difficulties or its present rejection of the Public Counsel's proposals.

Sec.

13.

Section 81-8,251, Reissue Revised Statutes of Nebraska, is amended to read:

81-8,251 (1) In addition to whatever reports the Public Counsel he or she may make from time to time, the Public Counsel shall no later than on or about February 15 of each year report to the Clerk of the Legislature and to the Governor concerning the exercise of the Public Counsel's his or her functions during the preceding calendar year.

The report submitted to the Clerk of the Legislature shall be submitted electronically.

In discussing matters with which the Public Counsel he or she has dealt, the Public Counsel need not identify those immediately concerned if to do so would cause needless hardship.

If So far as the annual report criticizes any may criticize named agencies or officials, the report it must include also include the their replies of the named agencies or officials to such the criticism.

Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the Public Counsel.

(2) On or before December 15 of each year, the Public Counsel shall submit a report electronically to the Clerk of the Legislature as required under section 83-104 regarding state institutions.

Sec.

14.

Section 81-8,252, Reissue Revised Statutes of Nebraska, is amended to read:

81-8,252 If the Public Counsel has reason to believe that any public officer or employee has acted in a manner warranting criminal or disciplinary proceedings, the Public Counsel shall refer the matter to the appropriate authorities.

Sec.

15.

Section 81-8,253, Reissue Revised Statutes of Nebraska, is amended to read:

81-8,253 (1) No proceeding, opinion, or expression of the Public Counsel shall be reviewable in any court.

Neither the Public Counsel nor any member of the Public Counsel's staff shall be required to testify or produce evidence in any judicial or administrative proceeding concerning matters within the Public Counsel's official cognizance, except in a proceeding brought to enforce the Office of Public Counsel Act sections 81-8,240 to 81-8,254.

(2) Reports of investigations conducted by the Public Counsel are not public records for purposes of sections 84-712 to 84-712.09.

Sec.

16.

Section 81-8,254, Reissue Revised Statutes of Nebraska, is amended to read:

81-8,254 (1) A person who willfully obstructs or hinders the proper exercise of the Public Counsel's functions, or who willfully misleads or attempts to mislead the Public Counsel's inquiries, shall be guilty of a Class II misdemeanor.

No employee of the State of Nebraska , who files a complaint pursuant to the Office of Public Counsel Act sections 81-8,240 to 81-8,254, shall be subject to any penalties, sanctions, or restrictions in connection with such employee's employment because of such complaint.

(2) Consistent with the Nebraska Rules of Professional Conduct, counsel -4- LB298 LB298 2025 for the administrative agency that is the subject of an investigation by the office of Public Counsel shall not represent a witness.

A witness may request that agency counsel be present while being questioned, but the administrative agency shall not require a witness to make such a request.

If such a request is made, the administrative agency shall inform the witness that agency counsel does not represent the witness.

Sec.

17.

(1) Except as otherwise provided by law, any confidential information or confidential records shared with the office of Public Counsel shall remain confidential and shall not be shared by an employee of the office with any person who is not an employee of the office, including any member of the Legislative Oversight Committee.

(2) The office of Public Counsel and the Division of Legislative Oversight may share confidential information as necessary to carry out the responsibilities of such office and division.

Such sharing of confidential information shall include, but not be limited to, the sharing of confidential information when necessary to refer complaints between such office and division and to assist in investigations and the resolution of complaints.

The office of Public Counsel and the Division of Legislative Oversight, at the discretion of the Public Counsel and the Director of Legislative Oversight, may coordinate to work jointly on complaints and investigations in circumstances of overlapping jurisdiction.

(3) If any employee of the office of Public Counsel knowingly divulges or makes known, in any manner not permitted by law, confidential information or confidential records, it shall be grounds for dismissal.

Sec.

18.

 (1) At the request of the Public Counsel, the Executive Board of the Legislative Council, by a majority vote, may issue subpoenas in connection with a specific inquiry or investigation undertaken pursuant to the Office of Public Counsel Act to compel the production of records and information and sworn testimony or other evidence deemed relevant to such inquiry or investigation.

The executive board shall vote to determine whether to issue a subpoena within ten days after receipt of the request.

(2) When authorized to issue subpoenas under this section, the executive board may require any person to provide the records or information requested within thirty days after the request except as provided for in the subpoena or to appear at a hearing on the date set in the subpoena.

(3) Litigation to compel or quash compliance with the authority exercised pursuant to this section shall be advanced on the trial docket and heard and decided by the court as quickly as possible.

The court shall issue its decision no later than twenty days after the filing of the application or petition or a motion to quash, whichever is filed first.

Either party may appeal to the Court of Appeals within ten days after a decision is rendered.

(4) The district court of Lancaster County has jurisdiction over all litigation arising under this section.

In all such litigation, the executive board shall provide for legal representation for the office.

(5) In case of disobedience on the part of any person to comply with any subpoena issued pursuant to this section, the executive board shall vote on whether to find the person in contempt or to find that the failure to comply was not willful.

(6) If the executive board finds a person in contempt as provided in subsection (5) of this section, the executive board may, by application or petition to the district court of Lancaster County, request that the court compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court.

The application or petition shall be filed by the chairperson of the executive board.

(7) A person required to provide information under this section shall be paid the same fees and travel allowances and shall be accorded the same privileges and immunities as are extended to witnesses in the district courts of this state and shall also be entitled to have counsel present while being questioned.

Any fees associated with counsel present under this section shall not be the responsibility of the office of Public Counsel or the Legislative Council.

Sec.

19.

 The Legislature finds and declares that:

(1) It is within the inherent power of the Legislature to secure needed information in order to legislate, hold hearings, and conduct investigations of matters related to the operation of state government.

This power of inquiry is broad and indispensable;

(2) Article IV, section 23, of the Constitution of Nebraska specifically provides that the Legislature may at any time require that information be provided to it from the officers and employees of state agencies relating to the condition, management, and expenses of their respective offices;

and (3) In order to assist the members of the Legislature in exercising their inherent, constitutional, and statutory authority to conduct investigations and provide oversight of the various agencies, branches, departments, boards, bureaus, commissions, councils, subunits, and committees of Nebraska state government, and to assist in the development of legislation to improve and enhance the operation of state government, the Legislature created the Division of Legislative Oversight.

Sec.

20.

(1) The Division of Legislative Oversight is established within the Legislative Council.

The division shall be responsible for conducting assessments, investigations, audits, inspections, and other reviews of Nebraska state government to ensure the Legislature is able to carry out its responsibilities to secure needed information to legislate and appropriate.

The Director of Legislative Oversight shall be responsible for hiring, firing, and -5- LB298 LB298 2025 supervising division staff.

(2) Notwithstanding any other provision of law, the Division of Legislative Oversight shall have access to confidential information and confidential records necessary to carry out its responsibilities.

(3) Except as otherwise provided by law, any confidential information or confidential records shared with the Division of Legislative Oversight shall remain confidential and shall not be shared by an employee of the division with any person who is not an employee of the division, including any member of the Legislative Oversight Committee.

(4) The Division of Legislative Oversight and the office of Public Counsel may share confidential information as necessary to carry out the responsibilities of such division and office.

Such sharing of confidential information shall include, but not be limited to, the sharing of confidential information when necessary to refer complaints between such division and office and to assist in investigations and the resolution of complaints.

The Division of Legislative Oversight and the office of Public Counsel, at the discretion of the Director of Legislative Oversight and the Public Counsel, may coordinate to work jointly on complaints and investigations in circumstances of overlapping jurisdiction.

(5) If any employee of the Division of Legislative Oversight knowingly divulges or makes known, in any manner not permitted by law, confidential information or confidential records, it shall be grounds for dismissal.

Sec.

21.

(1) The Director of Legislative Oversight shall be appointed by the Legislature, with the vote of two-thirds of the members required for approval of such appointment, from nominations submitted by the Legislative Oversight Committee.

The director shall serve for a term of six years, unless removed by a two-thirds vote of the members of the Legislature or, if the Legislature is not in session, by a two-thirds vote of the members of the Legislative Council.

If the office of Director of Legislative Oversight becomes vacant for any reason, the chairperson of the Executive Board of the Legislative Council shall appoint an acting director until a successor Director of Legislative Oversight is appointed.

The director shall be selected without regard to political affiliation and on the basis of integrity, capability for strong leadership, commitment to government oversight, and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, investigation, or criminal justice administration or other closely related fields.

No person may serve as director within two years after the last day on which such person served as a member of the Legislature or while such person is a candidate for or holds any other state office.

The director shall receive such salary as is set by the Executive Board of the Legislative Council.

(2) The Director of Legislative Oversight shall:

(a) Develop key performance indicators, with the approval of the Legislative Oversight Committee, for both short-term and long-term legislative oversight of state agencies and programs;

(b) Make recommendations to the Legislative Oversight Committee and the Executive Board of the Legislative Council regarding the duties, responsibilities, and activities of the division and division staff;

(c) Ensure that all assessments, investigations, audits, inspections, and other reviews are conducted by the division without regard to special or partisan interest and in accordance with relevant standards or guidelines;

and (d) Carry out the director's duties under the Legislative Performance Audit Act, the Office of Inspector General of Nebraska Child Welfare Act, and the Office of Inspector General of the Nebraska Correctional System Act.

Sec.

22.

 (1) The Legislative Oversight Committee is hereby established as a special legislative committee to exercise the authority and perform the duties provided for in the Legislative Performance Audit Act, the Office of Inspector General of Nebraska Child Welfare Act, and the Office of Inspector General of the Nebraska Correctional System Act.

The committee shall be composed of the Speaker of the Legislature, the chairperson of the Executive Board of the Legislative Council, the chairperson of the Appropriations Committee of the Legislature, the chairperson of the Judiciary Committee of the Legislature, the chairperson of the Health and Human Services Committee of the Legislature, and four other members of the Legislature to be chosen by the Executive Board of the Legislature Council.

The executive board shall ensure that the Legislative Oversight Committee includes adequate geographic representation.

The chairperson and vice-chairperson of the Legislative Oversight Committee shall be elected by a majority vote of the committee.

(2) For purposes of tax incentive performance audits authorized under the Legislative Performance Audit Act, the committee shall also include as nonvoting members the chairperson of the Revenue Committee of the Legislature or his or her designee and one other member of the Revenue Committee, as selected by the Revenue Committee.

(3) The Legislative Oversight Committee shall be subject to all rules prescribed by the Legislature.

The committee shall be reconstituted at the beginning of each Legislature and shall meet as needed.

Sec.

23.

 The Legislative Oversight Committee shall:

(1) Oversee all aspects of the Division of Legislative Oversight without regard to special or partisan interests and in accordance with relevant standards and guidelines;

(2) Direct the work of the division through the approval of annual work plans and by ensuring that such work is carried out in accordance with relevant statutes;

-6- LB298 LB298 2025 (3) Approve key performance indicators for the division;

(4) Receive quarterly briefings from the Director of Legislative Oversight or other division staff;

and (5) Carry out the committee's duties under the Legislative Performance Audit Act, the Office of Inspector General of Nebraska Child Welfare Act, and the Office of Inspector General of the Nebraska Correctional System Act.

Sec.

24.

Section 43-4301, Revised Statutes Cumulative Supplement, 2024, is amended to read:

43-4301 Sections 24 to 44 of this act 43-4301 to 43-4332 shall be known and may be cited as the Office of Inspector General of Nebraska Child Welfare Act.

Sec.

25.

 The Legislature finds and declares that:

(1) It is within the inherent power of the Legislature to secure needed information in order to legislate, hold hearings, and conduct investigations of matters related to the operation of state government.

This power of inquiry is broad and indispensable;

(2) Article IV, section 23, of the Constitution of Nebraska specifically provides that the Legislature may at any time require that information be provided to it from the officers and employees of state agencies relating to the condition, management, and expenses of their respective offices;

and (3) In order to establish a full-time program of investigation and oversight of the Nebraska child welfare and juvenile justice systems and assist in the development of legislation related to such systems, the Legislature created the office of Inspector General of Nebraska Child Welfare.

Sec.

26.

Section 43-4302, Reissue Revised Statutes of Nebraska, is amended to read:

43-4302 (1) It is the intent of the Legislature that the Office of Inspector General of Nebraska Child Welfare to:

(a) Establish a full-time program of investigation and performance review to provide increased accountability and oversight of the Nebraska child welfare system;

(a) (b) Assist in improving operations of the Nebraska child welfare system;

(b) (c) Provide an independent form of inquiry for concerns regarding the actions of individuals and agencies responsible for the care and protection of children and youth in the Nebraska child welfare system.

Confusion of the roles, responsibilities, and accountability structures between individuals, private contractors, branches of government, and agencies in the current system make it difficult for the Legislature to monitor and oversee the Nebraska child welfare system;

and (c) (d) Provide a process for investigation and review to determine if individual complaints and issues of investigation and inquiry reveal a problem in the child welfare system, not just individual cases, that necessitates legislative action for improved policies and restructuring of the child welfare system.

(2) It is not the intent of the Legislature in enacting the Office of Inspector General of Nebraska Child Welfare Act to interfere with the duties of the Legislative Auditor or the Legislative Fiscal Analyst or to interfere with the statutorily defined investigative responsibilities or prerogatives of any officer, agency, board, bureau, commission, association, society, or institution of the executive or judicial branch of state government, except that the act does not preclude an inquiry on the sole basis that another agency has the same responsibility.

The act shall not be construed to interfere with or supplant the responsibilities or prerogatives of the Governor to investigate, monitor, and report on the activities of the agencies, boards, bureaus, commissions, associations, societies, and institutions of the executive branch under the Governor's his or her administrative direction.

Sec.

27.

Section 43-4303, Reissue Revised Statutes of Nebraska, is amended to read:

43-4303 For purposes of the Office of Inspector General of Nebraska Child Welfare Act:

, the definitions found in sections 43-4304 to 43-4316 apply.

(1) 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 or the executive director;

(2) Child welfare system means public and private agencies and parties that provide or effect services or supervision to system-involved children and their families;

(3) Commission means the Nebraska Commission on Law Enforcement and Criminal Justice;

(4) Department means the Department of Health and Human Services;

(5) Director means the chief executive officer of the department;

(6) Executive director means the executive director of the commission;

(7) Inspector General means the Inspector General of Nebraska Child Welfare appointed under section 28 of this act;

(8) Juvenile services division means the Juvenile Services Division of the Office of Probation Administration;

(9) 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 71-1906.01;

(10) 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;

(11) Management means supervision of subordinate employees;

-7- LB298 LB298 2025 (12) Misfeasance means the improper performance of some act that a person may lawfully do;

(13) Obstruction means hindering an investigation, preventing an investigation from progressing, stopping or delaying the progress of an investigation, or making the progress of an investigation difficult or slow;

(14) Office means the office of Inspector General of Nebraska Child Welfare and includes the Inspector General and other employees of the office;

(15) 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;

(16) Record means any recording, in written, audio, electronic transmission, or computer storage form, including, but not limited to, a draft, memorandum, note, report, computer printout, notation, or message, and includes, but is not limited to, medical records, mental health records, case files, clinical records, financial records, and administrative records.

Such term does not include any such materials used exclusively as part of a judge's deliberative process;

and (17) Responsible individual means a foster parent, a relative provider of foster care, or an employee of the department, the juvenile services division, the commission, a foster home, a private agency, a licensed child care facility, or another provider of child welfare programs and services responsible for the care or custody of records, documents, and files.

Sec.

28.

Section 43-4317, Reissue Revised Statutes of Nebraska, is amended to read:

43-4317 (1) The office of Inspector General of Nebraska Child Welfare is created within the Division of Legislative Oversight office of Public Counsel for the purpose of conducting investigations, audits, inspections, and other oversight reviews of the Nebraska child welfare system for the Legislature.

The Inspector General shall be appointed by the Director of Legislative Oversight Public Counsel with approval from the chairperson of the Executive Board of the Legislative Council, the chairperson of the Legislative Oversight Committee, and the chairperson of the Health and Human Services Committee of the Legislature.

(2) The Inspector General shall be appointed for a term of five years and may be reappointed.

The Inspector General shall be selected without regard to political affiliation and on the basis of integrity, capability for strong leadership, and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, investigation, or criminal justice administration or other closely related fields.

No former or current executive or manager of the department may be appointed Inspector General within five years after such former or current executive's or manager's period of service with the department.

Not later than two years after the date of appointment, the Inspector General shall obtain certification as a Certified Inspector General by the Association of Inspectors General, its successor, or another nationally recognized organization that provides and sponsors educational programs and establishes professional qualifications, certifications, and licensing for inspectors general.

During the Inspector General's his or her employment, the Inspector General shall not be actively involved in partisan affairs.

(3) The Inspector General shall employ such investigators and support staff as the Inspector General he or she deems necessary to carry out the duties of the office within the amount available by appropriation through the Division of Legislative Oversight office of Public Counsel for the office of Inspector General of Nebraska Child Welfare.

The Inspector General shall be subject to the control and supervision of the Director of Legislative Oversight Public Counsel, except that removal of the Inspector General shall require approval of the chairperson of the Legislative Oversight Committee Executive Board of the Legislative Council and the chairperson of the Health and Human Services Committee of the Legislature.

The Inspector General may also be removed by a two-thirds majority vote of the Legislative Oversight Committee.

Sec.

29.

Section 43-4318, Revised Statutes Cumulative Supplement, 2024, is amended to read:

43-4318 (1) The office shall investigate:

(a) Allegations or incidents of possible misconduct, misfeasance, malfeasance, or violations of statutes or of rules or regulations of:

(i) The department by an employee of or person under contract with the department, a private agency, a licensed child care facility, a foster parent, or any other provider of child welfare services or which may provide a basis for discipline pursuant to the Uniform Credentialing Act;

(ii) Subject to subsection (5) of this section, the juvenile services division by an employee of or person under contract with the juvenile services division, a private agency, a licensed facility, a foster parent, or any other provider of juvenile justice services;

(iii) The commission by an employee of or person under contract with the commission related to programs and services supported by the Nebraska County Juvenile Services Plan Act, the Community-based Juvenile Services Aid Program, juvenile pretrial diversion programs, or inspections of juvenile facilities;

and (iv) A juvenile detention facility and staff secure juvenile facility by an employee of or person under contract with such facilities;

(b) Death or serious injury in foster homes, private agencies, child care facilities, juvenile detention facilities, staff secure juvenile facilities, -8- LB298 LB298 2025 and other programs and facilities licensed by or under contract with the department or the juvenile services division when the office, upon review, determines the death or serious injury did not occur by chance;

and (c) Death or serious injury in any case in which services are provided by the department or the juvenile services division to a child or the child's his or her parents when the office upon review determines that the death or serious injury did not occur by chance;

(d) Death or serious injury in or any case involving an investigation under the Child Protection and Family Safety Act if the investigation took place within the twelve months prior to the death or serious injury , which case has been open for one year or less and if the office upon review determines the death or serious injury did not occur by chance;

and .

(e) Any other matter as provided in the annual work plans or key performance indicators approved by the Legislative Oversight Committee pursuant to section 23 of this act.

(2) The department, the juvenile services division, each juvenile detention facility, and each staff secure juvenile facility shall report to the office as soon as reasonably possible:

(a) All all cases of death or serious injury:

(i) Of of a child in a foster home, private agency, child care facility or program, or other program or facility licensed by the department or inspected through the commission;

(ii) In any case in which services are provided to a child or the child's parents;

and (iii) Involving an investigation under the Child Protection and Family Safety Act if the investigation took place within the twelve months prior to the death or serious injury and upon review determines the death or serious injury did not occur by chance;

and (b) All to the Inspector General as soon as reasonably possible after the department or the Office of Probation Administration learns of such death or serious injury and (b) all allegations of sexual abuse of a state ward, a juvenile on probation, a juvenile in a detention facility, and a juvenile in a residential child-caring agency.

For purposes of this subsection, serious injury means an injury or illness caused by suspected abuse, neglect, or maltreatment which leaves a child in critical or serious condition.

(3)(a) The Office of Juvenile Services shall report to the office of Inspector General of Nebraska Child Welfare as soon as reasonably possible after any of the following instances occur at a youth rehabilitation and treatment center:

(i) An assault;

(ii) An escape or elopement;

(iii) An attempted suicide;

(iv) Self-harm by a juvenile;

(v) Property damage not caused by normal wear and tear;

(vi) The use of mechanical restraints on a juvenile;

(vii) A significant medical event suffered by a juvenile;

and (viii) Internally substantiated violations of 34 U.S.C.

30301 et seq.

(b) The Office of Juvenile Services and the office of Inspector General of Nebraska Child Welfare shall, if requested by either party, work in collaboration to clarify the specific parameters to comply with subdivision (3) (a) of this section.

(4) The department shall notify the office of Inspector General of Nebraska Child Welfare of any leadership changes within the Office of Juvenile Services and the youth rehabilitation and treatment centers.

(5) With respect to any investigation conducted by the Inspector General pursuant to subdivision (1)(a) of this section that involves possible misconduct by an employee of the juvenile services division, the Inspector General shall immediately notify the probation administrator and provide the information pertaining to potential personnel matters to the Office of Probation Administration.

(6) Any investigation conducted by the Inspector General shall be independent of and separate from an investigation pursuant to the Child Protection and Family Safety Act.

The Inspector General and his or her staff are subject to the reporting requirements of the Child Protection and Family Safety Act.

(7) The department shall notify the Inspector General as soon as practicable when a criminal investigation involving a death or serious injury required to be reported to the office under subdivision (2)(a) of this section has commenced and when such criminal investigation has concluded.

(8) (7) Notwithstanding the fact that a criminal investigation, a criminal prosecution, or both are in progress, all law enforcement agencies and prosecuting attorneys may shall cooperate with any investigation conducted by the Inspector General and may shall, immediately upon request by the Inspector General, provide the Inspector General with copies of all law enforcement reports which are relevant to the Inspector General's investigation.

All law enforcement reports which have been provided to the Inspector General pursuant to this section are not public records for purposes of sections 84-712 to 84-712.09 and shall not be subject to discovery by any other person or entity.

Except to the extent that disclosure of information is otherwise provided for in the Office of Inspector General of Nebraska Child Welfare Act, the Inspector General shall maintain the confidentiality of all law enforcement reports received pursuant to its request under this section.

Law enforcement agencies and prosecuting attorneys may shall, when requested by the Inspector General, -9- LB298 LB298 2025 collaborate with the Inspector General regarding all other information relevant to the Inspector General's investigation.

The If the Inspector General in conjunction with the Public Counsel determines it appropriate, the Inspector General shall may, when requested to do so by a law enforcement agency or prosecuting attorney, suspend an investigation by the office until a criminal investigation or prosecution is completed or has proceeded to a point that, in the judgment of the Inspector General, reinstatement of the Inspector General's investigation will not impede or infringe upon the criminal investigation or prosecution.

Under no circumstance shall the Inspector General interview any minor who has already been interviewed by a law enforcement agency, personnel of the Division of Children and Family Services of the department, or staff of a child advocacy center in connection with a relevant ongoing investigation of a law enforcement agency.

(9) Consistent with the Nebraska Rules of Professional Conduct, counsel for the entity under investigation shall not represent a witness.

A witness may request that counsel for the entity under investigation be present while being questioned, but such entity shall not require a witness to make such a request.

If such a request is made, the entity under investigation shall inform the witness that such entity's counsel does not represent the witness.

For purposes of this subsection, entity under investigation means the entity that is the subject of an investigation under the Office of Inspector General of Nebraska Child Welfare Act and includes the department, the juvenile services division, the commission, a private agency, a licensed child care facility, a juvenile detention facility, a staff secure juvenile facility, or another provider of child welfare services or juvenile justice services.

(10) The office may conduct audits, inspections, investigations, and other oversight as necessary to perform the duties of the office and to carry out the purposes of the Office of Inspector General of Nebraska Child Welfare Act.

(11) For purposes of this section, serious injury means an injury or illness caused by suspected abuse, neglect, maltreatment, self-harm, or assault which requires urgent medical treatment.

Sec.

30.

Section 43-4320, Reissue Revised Statutes of Nebraska, is amended to read:

43-4320 (1) Complaints to the office may be made in writing.

The office shall also maintain a toll-free telephone line for complaints.

A complaint shall be evaluated to determine if it alleges possible misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations pursuant to section 29 of this act 43-4318.

All complaints shall be evaluated to determine whether a full investigation is warranted.

(2) The office shall not conduct a full investigation of a complaint unless:

(a) The complaint alleges misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations pursuant to section 29 of this act 43-4318;

(b) The complaint is against a person within the jurisdiction of the office;

and (c) The allegations can be independently verified through investigation.

(3) After receipt of a complaint, the The Inspector General shall determine within fourteen days after receipt of a complaint whether the office it will conduct a full investigation.

A complaint alleging facts which, if verified, would provide a basis for discipline under the Uniform Credentialing Act shall be referred to the appropriate credentialing board under the act.

(4) When a full investigation is opened on a private agency that contracts with the Office of Probation Administration, the Inspector General shall give notice of such investigation to the Office of Probation Administration.

Sec.

31.

Section 43-4321, Reissue Revised Statutes of Nebraska, is amended to read:

43-4321 (1) The office shall have access to all information and personnel necessary to perform the duties of the office and to carry out the Office of Inspector General of Nebraska Child Welfare Act.

(2) All employees of the department, the juvenile services division as directed by the juvenile court or the Office of Probation Administration, or the commission, all foster parents, and all owners, operators, managers, supervisors, and employees of private agencies, licensed child care facilities, juvenile detention facilities, staff secure juvenile facilities, and other providers of child welfare services or juvenile justice services shall cooperate with the office.

Cooperation includes, but is not limited to, the following:

(a) (1) Provision of full access to and production of records and information.

Providing access to and producing records and information for the office is not a violation of confidentiality provisions under any law, statute, rule, or regulation if done in good faith for purposes of an investigation under the Office of Inspector General of Nebraska Child Welfare Act;

(b) (2) Fair and honest disclosure of records and information reasonably requested by the office pursuant to in the course of an investigation under the act;

(c) (3) Encouraging employees to fully comply with reasonable requests of the office pursuant to in the course of an investigation under the act;

(d) (4) Prohibition of retaliation by owners, operators, or managers against employees for providing records or information or filing or otherwise making a complaint to the office;

(e) (5) Not requiring employees to gain supervisory approval prior to filing a complaint with or providing records or information to the office;

-10- LB298 LB298 2025 (f) Not requiring employees to report filing a complaint with or providing records or information to the office;

and (g) Not requiring employees to request that counsel for the employer be present while being questioned in the course of an investigation.

(6) Provision of complete and truthful answers to questions posed by the office in the course of an investigation;

and (7) Not willfully interfering with or obstructing the investigation.

Sec.

32.

Section 43-4322, Reissue Revised Statutes of Nebraska, is amended to read:

43-4322 Failure to cooperate with an investigation by the office may result in public disclosure of the failure to cooperate discipline or other sanctions.

Sec.

33.

Section 43-4323, Revised Statutes Cumulative Supplement, 2024, is amended to read:

43-4323 (1) At the request of the Inspector General, and after receiving prior approval by a majority vote of the Executive Board of the Legislative Council, the Legislative Oversight Committee may issue subpoenas in connection with a specific inquiry or investigation undertaken pursuant to the Office of Inspector General of Nebraska Child Welfare Act to compel the production of records and information and sworn testimony or other evidence relevant to such inquiry or investigation.

The committee shall vote to determine whether to issue a subpoena within ten days after receipt of the request.

(2) When authorized to issue subpoenas under this section, the committee may require any employees of the department, the juvenile services division, or the commission, any foster parents, or any owners, operators, managers, supervisors, and employees of private agencies, licensed child care facilities, juvenile detention facilities, staff secure juvenile facilities, and other providers of child welfare services or juvenile justice services to provide the records or information requested within thirty days after the request, except as otherwise provided for in the subpoena, or to appear at a hearing on the date set in the subpoena.

(3) Litigation to compel or quash compliance with the authority exercised pursuant to this section shall be advanced on the trial docket and heard and decided by the court as quickly as possible.

The court shall issue its decision no later than twenty days after the filing of the application or petition or a motion to quash, whichever is filed first.

Either party may appeal to the Court of Appeals within ten days after a decision is rendered.

(4) The district court of Lancaster County has jurisdiction over all litigation arising under this section.

In all such litigation, the executive board shall provide for legal representation for the committee.

(5) In case of disobedience on the part of any employees of the department, the juvenile services division, or the commission, any foster parents, or any owners, operators, managers, supervisors, and employees of private agencies, licensed child care facilities, juvenile detention facilities, staff secure juvenile facilities, and other providers of child welfare services or juvenile justice services to comply with any subpoena issued pursuant to this section, the committee shall vote on whether to find the person in contempt or to find that the failure to comply was not willful.

(6) If the committee finds a person in contempt as provided in subsection (5) of this section, the committee may, by application or petition to the district court of Lancaster County, request that the court compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court.

The application or petition shall be filed by the chairperson of the committee.

(7) The Inspector General may issue a subpoena, enforceable by action in an appropriate court, to compel any person to appear, give sworn testimony, or produce documentary or other evidence deemed relevant to a matter under his or her inquiry.

A person thus required to provide information under this section shall be paid the same fees and travel allowances and shall be accorded the same privileges and immunities as are extended to witnesses in the district courts of this state and shall also be entitled to have counsel present while being questioned.

Any fees associated with counsel present under this section shall not be the responsibility of the office or the Legislative Council of Inspector General of Nebraska Child Welfare.

Sec.

34.

Section 43-4324, Reissue Revised Statutes of Nebraska, is amended to read:

43-4324 (1) A full investigation conducted by the office shall consist of (a) access to, and retrieval of all, relevant records through compliance with a request of the office, by voluntary production, or by subpoena, (b) review of all relevant records, and (c) interviews of all relevant persons In conducting investigations, the office shall access all relevant records through subpoena, compliance with a request of the office, and voluntary production.

(2) The office may request or request the issuance of a subpoena for any record necessary for the investigation from the department, the juvenile services division as permitted by law, the commission, a foster parent, a licensed child care facility, a juvenile detention facility, a staff secure juvenile facility, or a private agency that is pertinent to an investigation.

All case files, licensing files, medical records, financial and administrative records, and records required to be maintained pursuant to applicable licensing rules shall be produced for review by the office in the course of an investigation.

(3) (2) Compliance with a request of the office includes:

(a) Production of all records requested;

-11- LB298 LB298 2025 (b) A diligent search to ensure that all appropriate records are included;

and (c) A continuing obligation to immediately forward to the office any relevant records received, located, or generated after the date of the request;

(d) Provision of complete and truthful answers to questions posed by the office in the course of an investigation;

and (e) Not willfully interfering with or obstructing an investigation.

(4) (3) The office shall seek access in a manner that respects the dignity and human rights of all persons involved, maintains the integrity of the investigation, and does not unnecessarily disrupt child welfare programs or services.

When advance notice to a foster parent or to an administrator or his or her designee is not provided, the office investigator shall, upon arrival at the departmental or division office, bureau, or division, the private agency, the licensed child care facility, the juvenile detention facility, the staff secure juvenile facility, or the location of another provider of child welfare services, request that an onsite employee notify the administrator or his or her designee of the investigator's arrival.

(5) (4) When required by circumstances of an audit, inspection, investigation, or other oversight require, the office may make an unannounced visit to a foster home, a departmental or division office, bureau, or division, a licensed child care facility, a juvenile detention facility, a staff secure juvenile facility, a youth rehabilitation and treatment center, a private agency, or another provider to request records relevant to an investigation.

The office may request relevant records during such visit.

(6) (5) A responsible individual or an administrator may be asked to sign a statement of record integrity and security when a record is secured by request as the result of a visit by the office, stating:

(a) That the responsible individual or the administrator has made a diligent search of the departmental or division office, bureau, division, private agency, licensed child care facility, juvenile detention facility, staff secure juvenile facility, or other provider's location to determine that all appropriate records in existence at the time of the request were produced;

(b) That the responsible individual or the administrator agrees to immediately forward to the office any relevant records received, located, or generated after the visit;

(c) The persons who have had access to the records since they were secured;

and (d) Whether, to the best of the knowledge of the responsible individual or the administrator, any records were removed from or added to the record since it was secured.

(7) (6) The office shall permit a responsible individual, an administrator, or an employee of a departmental or division office, bureau, or division, a private agency, a licensed child care facility, a juvenile detention facility, a staff secure juvenile facility, or another provider to make photocopies of the original records within a reasonable time in the presence of the office for purposes of creating a working record in a manner that assures confidentiality.

(8) (7) The office shall present to the responsible individual or the administrator or other employee of the departmental or division office, bureau, or division, private agency, licensed child care facility, juvenile detention facility, staff secure juvenile facility, or other service provider a copy of the request, stating the date and the titles of the records received.

(9) (8) If an original record is provided during an investigation, the office shall return the original record as soon as practical but no later than ten business working days after the date of the compliance request.

(9) All investigations conducted by the office shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution.

Sec.

35.

Section 43-4325, Revised Statutes Cumulative Supplement, 2024, is amended to read:

43-4325 (1) Reports of investigations conducted by the office shall not be distributed beyond the entity that is the subject of the report without the consent of the Inspector General.

(2) Except when a report is provided to a guardian ad litem or an attorney in the juvenile court pursuant to subsection (2) of section 37 of this act 43-4327, the office shall redact confidential information before distributing a report of an investigation.

(3) The office may disclose confidential information to the chairperson of the Legislative Oversight Committee at the chairperson's request.

The office may also disclose confidential information to the chairperson of the Legislative Oversight Committee, the chairperson of the Executive Board of the Legislative Council, the chairperson of the Health and Human Services Committee of the Legislature, or the chairperson of the Judiciary Committee of the Legislature when such disclosure is, in the judgment of the Director of Legislative Oversight Public Counsel, appropriate desirable to keep the Legislature chairperson informed of important events, issues, and developments in the Nebraska child welfare system.

(4) The office may also disclose such confidential information to the Legislative Oversight Committee when such disclosure is, in the judgment of the chairperson of the Legislative Oversight Committee, appropriate to keep the Legislature informed of important events, issues, and developments in the Nebraska child welfare system.

-12- LB298 LB298 2025 (5)(a) (3)(a) A summarized final report based on an investigation may be publicly released in order to bring awareness to systemic issues.

(b) Such report shall be released only:

(i) After a disclosure is made to the appropriate chairperson of the Legislative Oversight Committee or chairpersons pursuant to subsection (3) (2) of this section;

and (ii) If a determination is made by the Inspector General with the appropriate chairperson of the Legislative Oversight Committee that doing so would be in the best interest of the public.

(c) If there is disagreement about whether releasing the report would be in the best interest of the public, the chairperson of the Executive Board of the Legislative Council shall may be asked to make the final decision.

(d) The Legislative Oversight Committee shall be notified prior to a report of an investigation being publicly released under this section.

(6) (4) Records and documents, regardless of physical form, that are obtained or produced by the office in the course of an investigation are not public records for purposes of sections 84-712 to 84-712.09.

Reports of investigations conducted by the office are not public records for purposes of sections 84-712 to 84-712.09.

(7) (5) The office may withhold the identity of sources of information to protect from retaliation any person who files a complaint or provides information in good faith pursuant to the Office of Inspector General of Nebraska Child Welfare Act.

Sec.

36.

Section 43-4326, Reissue Revised Statutes of Nebraska, is amended to read:

43-4326 (1) The department shall provide the Director of Legislative Oversight Public Counsel and the office Inspector General with direct computer access to all computerized records, reports, and documents maintained by the department in connection with administration of the Nebraska child welfare system.

(2) The commission shall provide the office Inspector General with direct computer access to all computerized records, reports, and documents maintained in connection with administration of juvenile justice services.

(3) The juvenile services division, as directed by the juvenile court or the Office of Probation Administration, shall provide the office Inspector General with direct computer access to all computerized records, reports, and documents maintained by the juvenile services division in connection with a specific case under investigation.

(4) Information shall be provided in the most efficient and timely way, in a manner that is least burdensome to the department, commission, or juvenile services division, and in a manner which maintains the confidentiality of the information.

This may include providing information through secure electronic access to case files and secure access to information maintained electronically in databases and case management systems.

The office, by and through the Executive Board of the Legislative Council, may enter into information-sharing agreements with the department, the commission, or the juvenile services division to assist in the implementation of and compliance with the Office of Inspector General of Nebraska Child Welfare Act.

(5)(a) The department, commission, or juvenile services division may object to the production or disclosure of records, reports, and documents in writing on the grounds that such records, reports, and documents are legally privileged, identifying the specific grounds for such objection.

Following such objection, the office and the department, commission, or juvenile services division may negotiate terms of production or disclosure pursuant to this section.

(b) In the event that satisfactory terms of production or disclosure cannot be reached between the office and the department, commission, or juvenile services division, the office may request the issuance of a subpoena pursuant to section 33 of this act.

Sec.

37.

Section 43-4327, Revised Statutes Cumulative Supplement, 2024, is amended to read:

43-4327 (1) The Inspector General's report of an investigation shall be in writing to the Public Counsel and may shall contain recommendations for systemic reform.

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 of Legislative Oversight and the chairperson of the Legislative Oversight Committee.

The Inspector General shall present the report of an investigation to the director, the probation administrator, or the executive director within three business fifteen days after the report is presented to the Director of Legislative Oversight and the chairperson of the Legislative Oversight Committee Public Counsel.

(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 Director of Legislative Oversight 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 -13- LB298 LB298 2025 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 shall may not further distribute the report or any confidential information contained in the report.

Sec.

38.

Section 43-4328, Revised Statutes Cumulative Supplement, 2024, is amended to read:

43-4328 (1) Within fifteen business days after a report is presented to the director, the probation administrator, or the executive director under section 37 of this act 43-4327, the director, probation administrator, or executive director may he or she shall determine whether to accept, reject, or request in writing modification of the recommendations contained in the report.

Any The written response shall be in writing and may include corrections of factual errors.

The Inspector General, with input from the Director of Legislative Oversight Public Counsel, may consider any the director's, probation administrator's, or executive director's request for modifications but is not obligated to accept such request.

Such report shall become final (a) upon the decision of the director, the probation administrator, or the executive director to accept or reject the recommendations in the report, (b) within fifteen business days after or, if the director, the probation administrator, or the executive director requests modifications , within fifteen days after such request or after the Inspector General incorporates such modifications, whichever occurs earlier, or (c) fifteen days after the report is presented to the director, the probation administrator, or the executive director if no response is received by the Inspector General.

If the Inspector General does not accept a requested modification, the recommendation for which such modification was requested shall be considered to be rejected by the director, probation administrator, or executive director.

(2) After the recommendations have been accepted, rejected, or modified, the report shall be presented to the foster parent, private agency, licensed child care facility, or other provider of child welfare services or juvenile justice services that is the subject of the report and to persons involved in the implementation of the recommendations in the report.

Within fifteen business thirty days after receipt of the report, the foster parent, private agency, licensed child care facility, or other provider may submit a written response to the office to correct any factual errors in the report and may shall determine whether to accept, reject, or request in writing modification of the recommendations contained in the report.

The Inspector General, with input from the Director of Legislative Oversight Public Counsel, shall consider all materials submitted under this subsection to determine whether a corrected report shall be issued.

If the Inspector General determines that a corrected report is necessary, the corrected report shall be issued within fifteen business days after receipt of the written response.

(3) If the Inspector General does not issue a corrected report pursuant to subsection (2) of this section, or if the corrected report does not address all issues raised in the written response, the foster parent, private agency, licensed child care facility, or other provider may request that its written response, or portions of the response, be appended to the report or corrected report.

(4) A report which raises issues related to credentialing under the Uniform Credentialing Act shall be submitted to the appropriate credentialing board under the act.

Sec.

39.

Section 43-4329, Reissue Revised Statutes of Nebraska, is amended to read:

43-4329 No report or other work product of an investigation by the Inspector General shall be reviewable in any court.

Neither the Inspector General nor any member of the Inspector General's his or her staff shall be required to testify or produce evidence in any judicial or administrative proceeding concerning matters within such person's his or her official cognizance except in a proceeding brought to enforce the Office of Inspector General of Nebraska Child Welfare Act.

Sec.

40.

Section 43-4330, Reissue Revised Statutes of Nebraska, is amended to read:

43-4330 The Office of Inspector General of Nebraska Child Welfare Act does not require the Inspector General to investigate all complaints.

The Inspector General, with input from the Director of Legislative Oversight Public Counsel, shall prioritize and select investigations and inquiries that further the intent of the act and assist in legislative oversight of the Nebraska child welfare system and juvenile justice system.

If the Inspector General determines that the office he or she will not investigate a complaint, the Inspector General may recommend to the parties alternative means of resolution of the issues in the complaint.

Sec.

41.

Section 43-4331, Revised Statutes Cumulative Supplement, 2024, is amended to read:

43-4331 On or before September 15 of each year, the Inspector General shall provide to the Health and Human Services Committee of the Legislature, the Judiciary Committee of the Legislature, the Supreme Court, and the Governor a report that includes a summary of reports and investigations made under the Office of Inspector General of Nebraska Child Welfare Act for the preceding -14- LB298 LB298 2025 year.

The report to the Legislature summary provided to the committees shall be submitted provided electronically and filed with the Clerk of the Legislature.

The report summaries shall detail recommendations and the status of implementation of recommendations and may also include recommendations to the Legislature committees regarding issues discovered through investigation, audits, inspections, and reviews by the office that will (1) increase accountability and legislative oversight of the Nebraska child welfare system, (2) improve operations of the department, the juvenile services division, the commission, and the Nebraska child welfare system, or (3) deter and identify fraud, abuse, and illegal acts.

The report Such summary shall include summaries of alternative response cases under alternative response implemented in accordance with sections 28-710.01, 28-712, and 28-712.01 reviewed by the Inspector General.

The report summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations.

Sec.

42.

Section 43-4332, Revised Statutes Cumulative Supplement, 2024, is amended to read:

43-4332 Any person who has authority to recommend, approve, direct, or otherwise take or affect personnel action shall not, with respect to such authority:

(1) Take personnel action against an employee because of the disclosure of information by the employee to the office which the employee reasonably believes evidences wrongdoing under the Office of Inspector General of Nebraska Child Welfare Act;

(2) Take personnel action against an employee as a reprisal for the submission of an allegation of wrongdoing under the act to the office by such employee;

or (3) Take personnel action against an employee as a reprisal for providing information or testimony pursuant to actions initiated and undertaken an investigation by the office.

Sec.

43.

If the Inspector General has reason to believe that any public officer or employee has acted in a manner that warrants criminal or disciplinary action or proceedings, the Inspector General shall report the matter to the department, the juvenile services division, the commission, or other appropriate authorities.

Sec.

44.

 (1) Notwithstanding any other provision of law, the office shall have access to confidential information and confidential records necessary to carry out its responsibilities.

(2) Except as otherwise provided by law, any confidential information or confidential records shared with the office shall remain confidential and shall not be shared by an employee of the office with any person who is not an employee of the office, including any member of the Legislative Oversight Committee.