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680 sections in this chapter.
Neb. Rev. Stat. § 28-347 Dismemberment abortion; unlawful; when; medical emergency; Board of Medicine and Surgery; hearing; findings admissible at trial; persons not liable.
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(1) It shall be unlawful for any person to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless a dismemberment abortion is necessary due to a medical emergency as defined in subdivision (4) of section 28-3,103. (2) A person acc…
Neb. Rev. Stat. § 28-347.01 Dismemberment abortion; injunction; cause of action; who may maintain.
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(1) A cause of action for injunctive relief against a person who has performed a dismemberment abortion in violation of section 28-347 may be maintained by: (a) A woman upon whom such a dismemberment abortion was performed; (b) If the woman had not attained the age of nineteen ye…
Neb. Rev. Stat. § 28-347.02 Dismemberment abortion; damages; cause of action; who may maintain.
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(1) A cause of action for civil damages against a person who performed a dismemberment abortion in violation of section 28-347 may be maintained by: (a) Any woman upon whom a dismemberment abortion has been performed in violation of section 28-347; (b) The father of the unborn ch…
Neb. Rev. Stat. § 28-347.03 Dismemberment abortion; cause of action; judgment; attorney's fees.
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(1) If judgment is rendered in favor of the plaintiff in an action described in section 28-347.01 or 28-347.02, the court shall also render judgment for reasonable attorney's fees in favor of the plaintiff against the defendant. (2) If judgment is rendered in favor of the defenda…
Neb. Rev. Stat. § 28-347.04 Dismemberment abortion; penalty.
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The intentional and knowing performance of an unlawful dismemberment abortion in violation of section 28-347 is a Class IV felony.
Neb. Rev. Stat. § 28-347.05 Dismemberment abortion; action or proceeding; anonymity of woman; preserved; court order.
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In every civil, criminal, or administrative proceeding or action brought under sections 28-347 to 28-347.04, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted to be performed shall be preserved from public disclosure if …
Neb. Rev. Stat. § 28-347.06 Dismemberment abortion; sections, how construed.
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Nothing in sections 28-347 to 28-347.04 shall be construed as creating or recognizing a right to abortion or a right to a particular method of abortion.
Neb. Rev. Stat. § 28-348 Act, how cited.
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Sections 28-348 to 28-387 shall be known and may be cited as the Adult Protective Services Act.
Neb. Rev. Stat. § 28-349 Legislative intent.
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The Legislature recognizes the need for the investigation and provision of services to certain persons who are substantially impaired and are unable to protect themselves from abuse, neglect, or exploitation. Often such persons cannot find others able or willing to render assista…
Neb. Rev. Stat. § 28-350 Definitions, where found.
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For purposes of the Adult Protective Services Act, unless the context otherwise requires, the definitions found in sections 28-351 to 28-371 shall be used.
Neb. Rev. Stat. § 28-351 Abuse, defined.
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Abuse means any knowing or intentional act on the part of a caregiver or any other person which results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, or sexual exploitation of a vulnerable adult.
Neb. Rev. Stat. § 28-352 Adult protective services, defined.
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Adult protective services means those services provided by the department for the prevention, correction, or discontinuance of abuse, neglect, or exploitation. Such services shall be those necessary and appropriate under the circumstances to protect an abused, neglected, or explo…
Neb. Rev. Stat. § 28-352.01 Adult protective services official, defined.
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Adult protective services official means an individual who is employed by the department and who develops and implements adult protective services.
Neb. Rev. Stat. § 28-353 Caregiver, defined.
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Caregiver shall mean any person or entity which has assumed the responsibility for the care of a vulnerable adult voluntarily, by express or implied contract, or by order of a court of competent jurisdiction.
Neb. Rev. Stat. § 28-354 Cruel punishment, defined.
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Cruel punishment shall mean punishment which intentionally causes physical injury to a vulnerable adult.
Neb. Rev. Stat. § 28-356 Department, defined.
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Department shall mean the Department of Health and Human Services.
Neb. Rev. Stat. § 28-357 Essential services, defined.
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Essential services shall mean those services necessary to safeguard the person or property of a vulnerable adult. Such services shall include, but not be limited to, sufficient and appropriate food and clothing, temperate and sanitary shelter, treatment for physical needs, and pr…
Neb. Rev. Stat. § 28-358 Exploitation, defined.
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Exploitation means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relati…
Neb. Rev. Stat. § 28-358.01 Isolation, defined.
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(1) Isolation means intentional acts (a) committed for the purpose of preventing, and which do prevent, a vulnerable adult or senior adult from having contact with family, friends, or concerned persons; (b) committed to prevent a vulnerable adult or senior adult from receiving hi…
Neb. Rev. Stat. § 28-359 Law enforcement agency, defined.
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Law enforcement agency shall mean the police department or the town marshal in incorporated municipalities, the office of the sheriff in unincorporated areas, and the Nebraska State Patrol.
Neb. Rev. Stat. § 28-360 Least restrictive alternative, defined.
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Least restrictive alternative shall mean adult protective services provided in a manner no more restrictive of a vulnerable adult's liberty and no more intrusive than necessary to achieve and ensure essential services.
Neb. Rev. Stat. § 28-361 Living independently, defined.
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Living independently shall include, but not be limited to, using the telephone, shopping, preparing food, housekeeping, and administering medications.
Neb. Rev. Stat. § 28-361.01 Neglect, defined.
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Neglect means any knowing or intentional act or omission on the part of a caregiver to provide essential services or the failure of a vulnerable adult, due to physical or mental impairments, to perform self-care or obtain essential services to such an extent that there is actual …
Neb. Rev. Stat. § 28-362 Permit, defined.
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Permit shall mean to allow a vulnerable adult over whom one has a proximate or direct degree of control to perform an act or acts or be in a situation which the controlling person could have prevented by the reasonable exercise of such control.
Neb. Rev. Stat. § 28-363 Physical injury, defined.
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Physical injury shall mean damage to bodily tissue caused by nontherapeutic conduct, including, but not limited to, fractures, bruises, lacerations, internal injuries, or dislocations, and shall include, but not be limited to, physical pain, illness, or impairment of physical fun…
Neb. Rev. Stat. § 28-364 Proper supervision, defined.
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Proper supervision shall mean care and control of a vulnerable adult which a reasonable and prudent person would exercise under similar facts and circumstances.
Neb. Rev. Stat. § 28-365 Registry, defined.
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Registry shall mean the Adult Protective Services Central Registry established by section 28-376.
Neb. Rev. Stat. § 28-366 Self-care, defined.
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Self-care shall include, but not be limited to, personal hygiene, eating, and dressing.
Neb. Rev. Stat. § 28-366.01 Senior adult, defined.
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Senior adult means any person sixty-five years of age or older.
Neb. Rev. Stat. § 28-367 Sexual abuse, defined.
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Sexual abuse shall include sexual assault as described in section 28-319 or 28-320 and incest as described in section 28-703.
Neb. Rev. Stat. § 28-367.01 Sexual exploitation, defined.
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Sexual exploitation includes, but is not limited to, a violation of section 28-311.08 and causing, allowing, permitting, inflicting, or encouraging a vulnerable adult to engage in voyeurism, in exhibitionism, in prostitution, or in the lewd, obscene, or pornographic photographing…
Neb. Rev. Stat. § 28-368 Substantial functional impairment, defined.
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Substantial functional impairment shall mean a substantial incapability, because of physical limitations, of living independently or providing self-care as determined through observation, diagnosis, investigation, or evaluation.
Neb. Rev. Stat. § 28-369 Substantial mental impairment, defined.
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Substantial mental impairment shall mean a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, or ability to live independently or provide self-care as revealed by observation, diagnosis, investigation, or evaluation.
Neb. Rev. Stat. § 28-370 Unreasonable confinement, defined.
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Unreasonable confinement means confinement which intentionally causes physical injury to a vulnerable adult or false imprisonment as described in section 28-314 or 28-315.
Neb. Rev. Stat. § 28-371 Vulnerable adult, defined.
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Vulnerable adult means any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code.
Neb. Rev. Stat. § 28-372 Report of abuse, neglect, or exploitation; required; contents; notification; toll-free number established.
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(1) When any physician, psychologist, physician assistant, nurse, nurse aide, other medical, developmental disability, or mental health professional, law enforcement personnel, caregiver or employee of a caregiver, operator or employee of a sheltered workshop, owner, operator, or…
Neb. Rev. Stat. § 28-373 Report of abuse, neglect, or exploitation; law enforcement agency; duties.
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(1) Upon the receipt of a report concerning abuse, neglect, or exploitation pursuant to section 28-372, it shall be the duty of the law enforcement agency (a) to make an investigation if deemed warranted because of alleged violations of section 28-386, (b) to take immediate steps…
Neb. Rev. Stat. § 28-374 Alleged abuse, neglect, or exploitation; department; duties.
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(1) The department shall investigate each case of alleged abuse, neglect, or exploitation of a vulnerable adult and shall provide such adult protective services as are necessary and appropriate under the circumstances. (2) In each case of alleged abuse, neglect, or exploitation, …
Neb. Rev. Stat. § 28-374.01 Alleged abuse, neglect, or exploitation; completion of investigation; decision regarding entry into registry; notice; contents; right to amend or expunge information; appeal.
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(1) Upon completion of the investigation pursuant to sections 28-373 and 28-374, the person who allegedly abused, neglected, or exploited a vulnerable adult shall be given written notice of the determination of the investigation and whether the person who allegedly abused, neglec…
Neb. Rev. Stat. § 28-374.02 Adult protective services official; training; requirements.
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(1) The department shall require each adult protective services official to successfully complete training relating to caring for individuals with Alzheimer's disease and other dementia. Such training shall be no less than one hour in length. An adult protective services official…
Neb. Rev. Stat. § 28-375 Immunity from liability; when.
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Any person participating in an investigation or the making of a report pursuant to the Adult Protective Services Act or participating in a judicial proceeding resulting therefrom shall be immune from any liability except (1) as otherwise provided in the Adult Protective Services …
Neb. Rev. Stat. § 28-376 Adult Protective Services Central Registry; established; access; name-change order; treatment.
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(1) The department shall establish and maintain an Adult Protective Services Central Registry which shall contain any substantiated report regarding a person who has allegedly abused, neglected, or exploited a vulnerable adult. (2) Upon request, a vulnerable adult who is the subj…
Neb. Rev. Stat. § 28-377 Records relating to abuse; access.
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Except as otherwise provided in sections 28-376 to 28-380, no person, official, or agency shall have access to the records relating to abuse unless in furtherance of purposes directly connected with the administration of the Adult Protective Services Act and section 28-726. Perso…
Neb. Rev. Stat. § 28-378 Records relating to abuse; release of information; when.
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The department or appropriate law enforcement agency shall provide requested information to any person legally authorized by sections 28-376 to 28-380 to have access to records relating to abuse when ordered by a court of competent jurisdiction or upon compliance by such person w…
Neb. Rev. Stat. § 28-379 Report of abuse; summary by department; when provided.
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Upon request, a physician or the person in charge of an institution, facility, or agency making a legally mandated report shall receive a summary of the findings of and actions taken by the department in response to such report. The amount of detail such summary contains and the …
Neb. Rev. Stat. § 28-380 Amendment or expungement of records; inaccurate or inconsistent with act; procedure.
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At any time subsequent to the completion of the department's investigation, if a vulnerable adult, the guardian of a vulnerable adult, or a person who allegedly abused a vulnerable adult and who is mentioned in a report believes the information in the report is inaccurate or bein…
Neb. Rev. Stat. § 28-381 Amendment or expungement of records; good cause; notice.
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At any time, the department may amend, expunge, or remove from the registry any record upon good cause. Upon request, written notice of any amendment, expunction, or removal of any record made pursuant to the Adult Protective Services Act shall be served upon the vulnerable adult…
Neb. Rev. Stat. § 28-382 Law concerning confidentiality; applicability.
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(1) No rule of evidence or other provision of law concerning confidential communications shall apply to prevent reports made pursuant to the Adult Protective Services Act unless otherwise specifically mentioned in the act. (2) Evidence shall not be excluded from any judicial proc…
Neb. Rev. Stat. § 28-383 Treatment by spiritual means alone; not considered abuse.
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No person shall be considered to be abused for the sole reason that such person relies upon spiritual means alone for treatment in accordance with the tenets and practices of a recognized church or religious denomination in lieu of medical treatment.
Neb. Rev. Stat. § 28-384 Failure to make report; penalty.
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Any person who willfully fails to make any report required by the Adult Protective Services Act shall be guilty of a Class III misdemeanor.