28-716. Person participating in an investigation or the making of a report or providing information or assistance; immune from liability; civil or criminal.
191 words·~1 min read·
/ne/chapter-28/28-716A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any person participating in an investigation or the making of a report of child abuse or neglect required by section 28-711 pursuant to or participating in a judicial proceeding resulting therefrom or providing information or assistance, including a medical evaluation or consultation in connection with an investigation, a report, or a judicial proceeding pursuant to a report of child abuse or neglect, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, except for maliciously false statements.
The immunity from liability under state law provided by this section does not apply to a claim advanced under federal law, even if that claim is litigated in a Nebraska court. Shearer v. Leuenberger, 256 Neb. 566, 591 N.W.2d 762 (1999).
The immunity provision set forth in this section which relates to mandatory reporting of suspected child abuse or neglect does not prohibit the juvenile court from acquiring jurisdiction of juveniles determined to be within the meaning of section 43-247(3)(a), even when such reporting is made by the parent of the subject juvenile(s). In re Interest of B.B. et al., 29 Neb. App. 1, 951 N.W.2d 526 (2020).