Nebraska Revised Statute 71-3417

Chapter 71

71-3417.

Team; purpose; duties; powers; confidentiality.

(1) The purpose of the team shall be to prevent future domestic abuse deaths by:

(a) Conducting investigations to understand the contributing factors in domestic abuse deaths;

(b) Examining the incidence, causes, and contributing factors of domestic abuse deaths; and

(c) Developing recommendations for changes within communities, public and private agencies, institutions, and systems, based on an analysis of the causes and contributing factors of domestic abuse deaths.

(2) The team shall:

(a) Develop protocols for investigations and to maintain the confidentiality of information made available to the team;

(b) Meet a minimum of four times per year and upon the call of the team coordinator selected under section 71-3416, the request of a state agency, or as determined by a majority of the team;

(c) Provide the Governor, the Legislature, and the Attorney General with an annual electronic report on or before August 15 each year beginning with the fiscal year ending June 30, 2024. The report shall not contain personal identifying information of any decedent victim, associated victim, or perpetrator. The report shall be available to the public and include the following:

(i) The causes, manner, and contributing factors of domestic abuse deaths in Nebraska, including trends and patterns and an analysis of information obtained through investigations; and

(ii) Recommendations regarding the prevention of future domestic abuse deaths for changes within communities, public and private agencies, institutions, and systems, based on an analysis of such causes and contributing factors. Such recommendations shall include recommended changes to laws, rules and regulations, policies, training needs, or service gaps to prevent future domestic abuse deaths;

(d) When appropriate, advise and consult with relevant agencies and organizations represented on the team or involved in domestic abuse deaths regarding the recommendations to prevent future domestic abuse deaths; and

(e) When appropriate, educate the public regarding the incidence of domestic abuse deaths, the public role in preventing domestic abuse deaths, and specific steps the public can take to prevent domestic abuse deaths. The team may enlist the support of civic, philanthropic, and public service organizations in the performance of its educational duties.

(3) The team may invite other individuals to participate on the team on an ad hoc basis for a particular investigation. Such individuals may include those with expertise that would aid in the investigation and representatives from organizations or agencies that had contact with, or provided services to, the decedent victim or associated victim. If the domestic abuse death occurred on tribal lands or if the domestic abuse death involves a member of a federally recognized Indian tribe, additional agencies and tribal representatives may be invited to participate.

(4) The team shall require any person appearing before it to sign a confidentiality agreement to ensure that all the confidentiality provisions of section 71-3421 are satisfied.

(5) The team shall enter into confidentiality agreements with social service agencies, nonprofit organizations, and private agencies to obtain otherwise confidential information and to ensure that all confidentiality provisions of section 71-3421 are satisfied.

(6) The team may enter into consultation agreements with relevant experts to evaluate the information and records collected by the team. All of the confidentiality provisions of section 71-3421 shall apply to the activities of a consulting expert.

(7) The team may enter into written agreements with entities to provide for the secure storage of electronic data based on information and records collected by the team as part of an investigation, including data that contains personal or incident identifiers. Such agreements shall provide for the protection of the security and confidentiality of the information, including access limitations, storage, and destruction of the information. The confidentiality provisions of section 71-3421 shall apply to the activities of the data storage entity.

(8) The team may consult and share information with the State Child Death Review Team or the State Maternal Death Review Team when the decedent victim or any associated victim is also the subject of an investigation of a child death or investigation of a maternal death under the Child and Maternal Death Review Act. The confidentiality provisions of sections 71-3411 and 71-3421 shall apply to the sharing of information between these teams.

Cross References

  • Child and Maternal Death Review Act, see section 71-3404.