Elder abuse in Nebraska is governed by the Adult Protective Services Act at Nebraska Revised Statutes 28-348 through 28-387, which protects anyone 65 or older (and vulnerable adults 18 and over) from abuse, neglect, and exploitation. Knowing and intentional abuse is a Class IIIA felony punishable by up to three years in prison and a $10,000 fine, and a broad list of professionals face criminal charges if they fail to report suspected abuse to the Department of Health and Human Services or law enforcement.1Nebraska Legislature. Nebraska Revised Statutes 28-348 to 28-387
Who the Law Protects
The Act covers two groups. A “senior adult” is anyone 65 or older, with no impairment requirement attached. A “vulnerable adult” is anyone 18 or older who has a substantial mental or functional impairment, or who has a court-appointed guardian or conservator under the Nebraska Probate Code.2Nebraska Legislature. Nebraska Revised Statutes 28-366.01 and 28-371
The distinction matters because the criminal statute at Section 28-386 applies to offenses against either group. A 70-year-old with no cognitive issues is protected the same as a 30-year-old with a severe developmental disability.
What Counts as Abuse, Neglect, and Exploitation
Under Section 28-351, abuse is a knowing or intentional act by a caregiver or any other person that results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, or sexual exploitation.3Nebraska Legislature. Nebraska Revised Statute 28-351 The word “intentional” is doing real work. Accidental harm may be actionable in other ways, but it does not meet the statutory definition of abuse.
Neglect is the failure to provide necessary care that results in harm or a risk of harm. Exploitation is the illegal or improper use of a protected person’s funds, property, or assets. Nebraska also defines “isolation” separately: intentionally cutting someone off from family, friends, mail, or phone calls, or physically restraining them to prevent social contact.4Nebraska Legislature. Nebraska Revised Statute 28-358.01
Common warning signs include unexplained bruises or injuries, dehydration or malnutrition, sudden changes in financial accounts, fearful or withdrawn behavior, and missing basics like medication, clean clothing, or food.5Omaha Police Department. Adult Protective Services Policy
How to Report Suspected Abuse
Reports go to the Nebraska Department of Health and Human Services or the appropriate law enforcement agency. DHHS runs a statewide toll-free abuse hotline that operates 24 hours a day, 7 days a week.6Nebraska Department of Health and Human Services. Abuse Hotline
You can report by phone and give your name and address. DHHS may ask for a written follow-up within 48 hours. A useful report includes:
- The adult’s name, address, and age
- The nature and extent of the suspected abuse, neglect, or exploitation
- Any evidence of previous incidents
- Any other information that could help investigators
Nebraska law grants immunity from civil and criminal liability to anyone who reports in good faith, so certainty is not the standard. If something seems wrong, report it. Reporter identity remains confidential unless a court or law enforcement agency with proper jurisdiction requests it.6Nebraska Department of Health and Human Services. Abuse Hotline
Who Must Report
Section 28-372 makes reporting mandatory for a defined group whenever they have reasonable cause to believe a vulnerable adult is being abused, neglected, or exploited:7Nebraska Legislature. Nebraska Revised Statute 28-372
- Physicians, psychologists, physician assistants, nurses, nurse aides, and other medical, developmental disability, and mental health professionals
- Law enforcement personnel
- Caregivers and their employees
- Sheltered workshop operators and employees
- Licensed facility operators and employees
- Human services professionals and paraprofessionals (clergy excluded)
Anyone outside that list can still report voluntarily through the same channels.
Penalties for Abuse and for Failing to Report
Under Section 28-386, knowingly and intentionally causing or permitting a vulnerable or senior adult to be physically injured, unreasonably confined, sexually abused, exploited, cruelly punished, neglected, or sexually exploited is a Class IIIA felony.8Nebraska Legislature. Nebraska Revised Statute 28-386 There is no tiered classification. Physical violence, financial exploitation, and neglect all carry the same charge.
A Class IIIA felony in Nebraska carries a maximum of three years in prison plus 18 months of post-release supervision, a fine of up to $10,000, or both. There is no mandatory minimum.9Nebraska Legislature. Nebraska Revised Statute 28-105 – Felony Penalties
Prosecutors have to prove the offender acted knowingly and intentionally, not merely carelessly. Careless acts that cause harm may support civil claims or other charges, but they do not satisfy Section 28-386.
A mandatory reporter who fails to report faces a Class III misdemeanor under Section 28-384, punishable by up to three months in jail, a fine of up to $500, or both.10Nebraska Legislature. Nebraska Revised Statute 28-106 – Misdemeanor Penalties The trigger is “reasonable cause to believe,” not proof. Waiting for certainty is itself a violation.
What Happens After a Report
DHHS must investigate every case of alleged abuse, neglect, or exploitation and arrange whatever adult protective services are appropriate. Reports that come in through law enforcement are shared with DHHS by the next working day, and reports to DHHS are shared with law enforcement.11Nebraska Legislature. Nebraska Revised Statutes 28-372 and 28-374
If the investigation finds reasonable cause to believe Section 28-386 was violated, DHHS delivers a written report to the county attorney for potential prosecution. Substantiated cases can also land the accused on the state’s Adult Protective Services registry, with certified-mail notice and rights to seek amendment or expungement.12Nebraska Legislature. Nebraska Revised Statutes 28-374.01 and 28-380
Protection Orders and Emergency Steps
Nebraska courts can issue protection orders barring an abuser from contacting or approaching the victim. Under Section 42-924, a victim of domestic abuse or someone acting on their behalf can petition the court. That statute sits in domestic abuse law rather than the APS Act itself, but many elder abuse cases fit because the abuser is often a family or household member. An order can remove the abuser from the home and impose a distance requirement while the criminal case or APS investigation proceeds.
When the person responsible for an elder’s care is also causing harm, a court may arrange a temporary guardianship. That takes a separate probate proceeding and is more involved than a protection order, but it can be necessary when day-to-day decision-making itself is compromised.
Nursing Homes and Assisted Living: The Ombudsman
If the adult in question lives in a nursing home or assisted living facility, Nebraska’s Long-Term Care Ombudsman program is a separate route that focuses specifically on residents’ rights. The Ombudsman investigates complaints, advocates for residents, and works on issues ranging from care quality to suspected abuse.13Nebraska Department of Health and Human Services. Long-Term Care Ombudsman
The program is required under the federal Older Americans Act, which charges every state Ombudsman with identifying, investigating, and resolving complaints affecting residents’ health, safety, welfare, or rights, including issues with guardians and representative payees.14Office of the Law Revision Counsel. 42 USC 3058g – State Long-Term Care Ombudsman Program
The Nebraska Ombudsman can be reached at (800) 942-7830 or DHHS.LTCOmbudsman@nebraska.gov. For suspected criminal abuse, report to APS or law enforcement as well.
Financial Exploitation and Federal Resources
Financial exploitation is often the most damaging form of elder abuse. Several federal channels supplement Nebraska’s state law.
The Social Security Administration investigates allegations that a representative payee is misusing a beneficiary’s benefits. If misuse is confirmed, SSA can remove the payee, arrange a replacement or direct payment, and attempt to recover stolen funds. The Representative Payee Fraud Prevention Act of 2015 specifically prohibits payees from diverting benefits for anything other than the beneficiary’s needs.15Social Security Administration. Fraud Prevention and Reporting
Banks and other financial institutions are directed by the Financial Crimes Enforcement Network to identify, prevent, and report elder financial exploitation to law enforcement and Adult Protective Services. Suspicious Activity Reports on customers 60 or older feed state and federal investigators.16Financial Crimes Enforcement Network. Advisory on Elder Financial Exploitation
The Federal Trade Commission reports that investment scams, romance scams, and impersonation scams drive the largest losses for adults 60 and older, with investment fraud causing more dollar losses than any other category.17Federal Trade Commission. FTC Issues Annual Report to Congress on Agency’s Actions to Protect Older Adults Reporting to Nebraska APS and to the FTC can trigger parallel state and federal responses.