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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1213
Introduced by McKinney, 11.
Read first time January 21, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to foster care; to adopt the Case Management1
Licensure Act. 2
Be it enacted by the people of the State of Nebraska,3
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Section 1. Sections 1 to 10 of this act shall be known and may be1
cited as the Case Management Licensure Act. 2
Sec. 2. (1) The Legislature finds that: 3
(a) Inconsistent and ineffective case management within child4
welfare systems can cause irreversible harm to children and families;5
(b) Data from the department demonstrates that inefficient case6
management has contributed to: (i) The loss or jeopardization of federal7
Title IV-E funding administered through the Children's Bureau of the8
United States Department of Labor; (ii) increased and unnecessary public9
expenditures related to mental health services and trauma responses10
arising from unsubstantiated abuse and neglect investigations; and (iii)11
prolonged neglect of children and families due to excessive caseloads and12
inadequate oversight; 13
(c) Existing complaint and accountability mechanisms are laborious14
and insufficient and may expose complainants to retaliation; and15
(d) Establishing a licensure, oversight, and accountability16
framework for individuals performing case management functions will17
promote professionalism, consistency, and public trust.18
(2) It is the intent of the Legislature to improve child welfare19
outcomes by strengthening accountability, improving compliance,20
protecting due process, and safeguarding federal funding streams.21
Sec. 3. For purposes of the Case Management Licensure Act:22
(1) Case manager means a social worker, investigator, supervisor, or23
other individual employed by, or contracted with, the department who24
performs case management, investigative, or supervisory functions related25
to child welfare, child protective services, or foster care;26
(2) Complainant means an individual affected by, or reporting27
conduct subject to, review under the Case Management Licensure Act;28
(3) Department means the Department of Health and Human Services;29
(4) Licensure means the certification granted under the Case30
Management Licensure Act authorizing an individual to perform case31
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management duties in the state; 1
(5) Malfeasance means intentional misconduct or wrongful conduct,2
including falsification of records or abuse of authority;3
(6) Negligence means a failure to exercise reasonable care4
consistent with professional standards; and 5
(7) Office means the Foster Care Review Office.6
Sec. 4. (1) No individual shall perform case management in the7
child welfare system unless licensed pursuant to the Case Management8
Licensure Act. 9
(2) Licensure shall be valid for a period of two years and shall be10
subject to renewal upon compliance with standards established by the11
office. 12
(3) The licensure requirement shall apply to all case managers13
regardless of employment classification, including employees,14
contractors, or subcontractors. 15
Sec. 5. (1) The office shall serve as the licensure and oversight16
authority under the Case Management Licensure Act.17
(2) The office may: (a) Adopt and promulgate rules and regulations18
necessary to administer and enforce the Case Management Licensure Act;19
(b) establish professional standards and standard operating procedures20
for licensed case managers; (c) receive, investigate, and adjudicate21
complaints; (d) impose disciplinary actions, including suspension or22
revocation of licensure; and (e) develop and administer the appeal23
process described in section 6 of this act. 24
Sec. 6. (1) The office shall establish a formal process for25
reviewing complaints and licensure infractions, suspensions, and26
revocations. 27
(2) An appeal of an initial office finding shall be reviewed within28
sixty days after the date the appeal is filed. 29
(3) The office shall issue a written decision within thirty days30
after the date the appeal review is completed, which may include (a)31
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affirmation of the original finding, (b) amendment of the finding, or (c)1
a determination that the complaint is unfounded. 2
(4) A request for amendment of an office decision shall be filed3
within ten days after the date the decision is issued.4
(5) Amendments shall be granted only upon submission of additional5
evidence demonstrating that (a) the scope of harm or impact is less than6
originally determined or (b) the case manager has rectified or reversed7
the impact of the conduct to the satisfaction of affected parties.8
Sec. 7. (1) If the office determines that a licensed case manager9
has engaged in misconduct, including, but not limited to (a)10
falsification or alteration of documents, (b) submission or use of11
inaccurate, misleading, or incomplete information, whether verbal or12
written, (c) knowingly providing false statements through emails, text13
messages, reports, or other case-related materials, or (d) any act or14
omission intended to improperly influence, delay, or affect the outcome15
of an open or closed case, the office shall impose disciplinary action.16
(2) Disciplinary action under this section may include (a)17
suspension of licensure for a defined period, (b) revocation of18
licensure, (c) conditions for reinstatement, including additional19
training, supervision, or a corrective action plan, or (d) permanent20
disqualification from licensure. 21
(3) Revocation of licensure shall be mandatory when the office finds22
that the misconduct was intentional, reckless, or resulted in substantial23
harm to a child, a family, a foster parent, or the integrity of the child24
welfare system. 25
(4) Loss of licensure under this section shall prohibit the26
individual from serving in any case management, investigative, or27
supervisory capacity in the child welfare system. 28
(5) Nothing in this section shall be construed to limit the29
authority of any other state entity to act within its lawful30
jurisdiction. 31
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Sec. 8. (1) Nothing in the Case Management Licensure Act shall be1
construed to create state liability for acts or omissions of licensed2
case managers. 3
(2) Each licensed case manager, investigator, and supervisor shall4
have an independent duty to act with prudence, diligence, integrity, and5
fairness as a representative of the state and the department.6
Sec. 9. The office, in consultation with the department, shall7
adopt standards to: (1) Reduce the duration of investigations; (2)8
require timely notice to families and foster parents of investigations,9
except where prohibited by law; (3) require weekly updates and clear10
expectations during the life cycle of an investigation; (4) clearly11
define conditions under which investigations may remain open; (5)12
prohibit placing foster homes on hold during investigations unless there13
is definitive evidence of violence or malfeasance, while allowing respite14
care where appropriate; and (6) require consideration and documentation15
of foster parent input. 16
Sec. 10. The office shall electronically submit an annual report to17
the Legislature and publish the report on the department's website. The18
report shall include: (1) Licensure activity and disciplinary actions;19
(2) trends in complaints and investigations; (3) estimated fiscal impacts20
of unsubstantiated removals, malicious prosecution, or case management21
misconduct; and (4) progress toward improving efficiency, compliance, and22
federal Title IV-E funding eligibility. 23
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