Neb. Admin. Code tit. 174 — Vital Records

001. SCOPE . Compilation of the information submitted on the abortion reporting and consent forms to the Department of Health and Human Services will contain items of information based upon those required to be contained in the abortion reporting and consent forms pursuant to the provisions of Neb. Rev. Stat. §§ 28-343, 28-3,107, and 71-6909.

History

Effective 2022-10-16

Chapter 3 Viewing and Release of Vital Records

Neb. Admin. Code tit. 174, ch. 3 Viewing and Release of Vital Records {#sec-174-nac-3 omnilex-key=us-ne-regs-official--title-174--174 NAC 3}

TITLE 174 VITAL RECORDS

CHAPTER 3 VIEWING AND RELEASE OF VITAL RECORDS

001. SCOPE . These regulations govern access to and release of birth, death, marriage, and dissolution of marriage certificates under Nebraska Revised Statutes (Neb. Rev. Stat.) §§ 71-612(1), (6), (7), and (8) and 71-602(2).

002. DEFINITIONS . The definitions of Neb. Rev. Stat. § 71-601.01 and this chapter apply.

002.01 APPLICANT. A person requesting a certified copy, seeking to view a certificate, or requesting to view confidential information.

002.02 APPLICATION. A request for a record in writing containing information required by the Department.

002.03 CERTIFIED COPY. A certificate certified by the Department as provided by law.

002.04 LEGAL REPRESENTATIVE. The registrant's attorney, legal guardian or conservator, custodian, personal representative, executor, or executrix of the registrant's estate or other person showing lawful authority to act on the registrant’s behalf.

002.05 PROOF OF IDENTITY. Documentation issued by a federal, state, or local political subdivision, corporation, or other entity, that contains the applicant’s photograph, facts identifying the applicant, or other documentary evidence establishing identity.

002.06 PROOF OF QUALIFICATION. Written documentation establishing the credentials or authority of the applicant or facts required by these regulations to demonstrate a proper purpose.

002.07 REGISTRANT. The individual who is the subject of the vital record.

002.08 RESEARCH. A Systematic statistical study, conforming to or in accordance with generally accepted medical or scientific standards or principles, designed to develop or contribute to medical or scientific knowledge, and which does not identify the persons in the study.

003. VIEWING COPIES OF CERTIFICATES . Applicants who wish to view a copy of a certificate may do so in the Department’s office upon payment of the statutory fee.

003.01 CONTENTS OF VIEWING COPIES. Viewing copies will be stamped “NOT A LEGAL DOCUMENT – FOR REVIEW ONLY” and will not include social security numbers, information contained in the portion of the certificate titled “medical or health information” or “information for statistical purposes only,” or other statistical information not registering the vital event itself.

003.02 USE OF VIEWING COPIES. Copies may not be removed from the area provided for viewing, photocopied, photographed or electronically stored on any device, or otherwise reproduced by applicants. Copies must be returned to the Department before the applicant leaves the viewing area. Applicants may make and retain notes on the certificate’s contents.

004. CERTIFIED COPIES FOR APPLICANTS FOR ANY PROPER PURPOSE . Applicants for any proper purpose as defined in this chapter may obtain a certified copy of a birth, death, marriage, or dissolution of marriage record, except as otherwise provided by law or court order, upon approval of their application by the Department and payment of the statutory fee for each certified copy or search for a certified copy, whether or not the record is found, unless exempt from payment by law.

004.01 APPLICATIONS. Applications may be made in person or by mail or electronic means approved by the Department. Applicants must:

(A) Furnish sufficient information for the Department to locate and identify each certified copy requested;

(B) Provide the applicant’s name, address, telephone number, and proof of identity. More than 1 document proving identity may be required;

(C) Describe the purpose for each certified copy requested and provide proof satisfactory to the Department that the request is for a proper purpose as defined in this chapter; and

(D) If the applicant is involved in medical, scientific, law enforcement, government, genealogical, or historical research, provide the name of any entity that the applicant represents; the name of the principal investigator, if other than the applicant; the applicant’s qualifications, if appropriate; the location where the research will take place; and the means by which the research will take place.

004.02 SUPPLEMENTAL INFORMATION. Supplemental information may be accepted over the phone except when documentation is required and a record of such will be made by the Department.

004.03 BURDEN OF PROOF. Applicants have the burden of proving to the Department that a proper purpose exists. An application may be denied when, upon review of the application and the documentation provided by the applicant or the Department’s independent verification of some or all information or proof supplied by the applicant, the Department finds that:

(A) The reason for which the record is sought is not a proper purpose as defined in this chapter;

(B) An applicant cannot show proof of identity;

(D) The certificate or record requested is confidential, sealed, or protected by statute or court order;

(E) Information or documentation provided by the applicant does not provide the proof necessary for release for a proper purpose; and

(F) There is reason to believe that an applicant has provided inaccurate or false information.

005. PROPER PURPOSE . Proper purpose includes the following circumstances in this section.

005.01 PERSONAL USE. Personal use by registrants of their own certificate, or the registrants’ spouse, child, or parent with proof of the requestor’s relationship with the registrant.

005.02 LEGAL USE. Use by a registrant's legal representative of a certificate for a legal purpose that requires documentation of a vital event to obtain a legal right or privilege. A legal purpose includes, but is not limited to, the following:

(A) Establishing the fact of death or identity in a probate or estate action;

(B) Transferring title to a motor vehicle or other personal or real property;

(C) Obtaining government documents such as a driver's license, identification card, social security, passports, or other state or federal licenses, benefits, or certificates;

(D) Obtaining admission to school;

(E) Establishing a legal relationship with another person or property right, such as an inheritance, insurance, or dependency benefit; and

(F) Providing a copy of a certificate of birth resulting in stillbirth to the parent(s) as listed on the fetal death record.

005.03 CONSENSUAL USE. Use upon submission by the applicant of the notarized written consent of the registrant, or the parent or guardian of a minor registrant, to obtain the certificate.

005.04 SCIENTIFIC OR MEDICAL USE. Use by a researcher employed by a research organization, institution of higher education, institution, or government agency, higher education student, or self-employed researcher conducting scientific, medical, or public health research of a certificate, so long as there is no publication or disclosure of names or facts leading to the identity of any person included in the certificate.

005.05 LAW ENFORCEMENT USE. Use of a certificate by an employee of an agency of the federal government, state government, or political subdivision of the state, charged by law with the duty of detecting or prosecuting crime, enforcing child support, or establishing paternity.

005.06 GENEALOGICAL USE. Use of a certificate by a person engaged in genealogical research when the person whose certificate is requested has been deceased for 50 or more years, or with the written consent and proof of relationship of the registrant’s spouse, parent, child or grandchild in the case of registrants who are alive or have been deceased for less than 50 years.

005.07 HISTORICAL RESEARCH. Use by a historical researcher of a certificate upon proof that:

(A) Applicant possesses academic credentials as a historian from, or is currently pursuing a course of study in history in an accredited institution of higher education or nationally-recognized organization;

(B) Applicant is engaged in a historical research project; and

005.08 GOVERNMENTAL USE. Use of a certificate by employees of federal, state, or political subdivision government agencies for statistical purposes, disease control or prevention, health-related record keeping, and record keeping required by the agency in the course of its official duties.

005.09 MEDIA USE. Use of a certificate by employees of a newspaper, magazine, radio, or television station for the purpose of reporting news to the public.

005.10 FUNERAL HOME USE. Use of a death certificate by employees of a funeral home, for certified copies to be provided for decedents’ families. The request can be made up to one year from the file date of the death record.

006. RELEASE OF CONFIDENTIAL INFORMATION TO APPROVED RESEARCHERS . Researchers may be provided with confidential information as described in Neb. Rev. Stat. § 71-602(2) upon approval of an application as provided in this section or an application made pursuant to the terms of an agreement between the Department and a government health agency to which the Department releases such information under the authority of Neb. Rev. Stat. § 71-602(2).

006.01 APPLICATION. Applicants must submit:

(A) The qualifications of the applicant and the primary researcher;

(B) The purpose of the research project and anticipated time of completion;

(D) The funding resource for the project;

(E) The specific data being requested and the use of that data;

(F) Description of the measures being taken to secure the data and maintain the confidentiality of the data;

(G) How the data will be disposed of at the end of the project; and

(H) If an Institution’s Review Board approved the research, a copy of the approval must be provided.

006.02 DATA PROVIDED. The Department has discretion as to whether data is provided, the scope of any data provided, and the terms and conditions under which data may be used by the applicant.

History

Effective 2023-06-14

Chapter 4 Regulations Governing Amendment of Marriage and Dissolution of Marriage Records

Neb. Admin. Code tit. 174, ch. 4 Regulations Governing Amendment of Marriage and Dissolution of Marriage Records {#sec-174-nac-4 omnilex-key=us-ne-regs-official--title-174--174 NAC 4}

001. SCOPE OF REGULATIONS . A marriage or dissolution of marriage record filed with the Department of Health and Human Services (Department) may be amended only in accordance with the provisions of these regulations. For purposes of these regulations, record of marriage includes an abstract of marriage as provided in Nebraska Revised Statute (Neb. Rev. Stat.) § 71-601.01. Amendment of incomplete or erroneous information on records of marriage or dissolution may be made upon presentation of the same kinds and numbers of documents required to amend birth and death certificates.

002. APPLICATION FOR AMENDMENT . Application for amendment of a marriage record must be made by a spouse or by the county court required to file the record with the Department. Application for amendment of a dissolution of marriage record must be made by a plaintiff or by the clerk of the district court required to file the record with the Department.

003. AMENDMENT OF OBVIOUS ERRORS . Amendment of obvious errors, transposition of letters in words of common knowledge, or omissions on marriage or dissolution of marriage records may be made by the Department within the first year after the date of the event, either upon its own observation, upon query, or upon request of a person with a direct and tangible interest in the record.

004. EVIDENCE REQUIRED . All other amendments to a marriage or dissolution of marriage record made during the first year unless otherwise provided in these regulations must be supported by (a) an affidavit setting forth information to identify the record, the incorrect data as it is placed on the record, and the correct data as it should appear; and (b) one item of documentary evidence supporting the amendment.

005. APPLICATION FOR AMENDMENT MADE AFTER A YEAR . Application for an amendment to a marriage or dissolution of marriage record made one year or more after the event, unless otherwise provided in these regulations, must be supported by (a) an affidavit setting forth information to identify the record, the incorrect data as it is listed on the record, and the correct data as it should appear; and (b) two or more items of documentary evidence which support the alleged facts and which were established at least five years prior to the date of application for amendment or within seven years of the date of the event.

006. REQUIREMENTS FOR ADDITIONAL AMENDMENT . When an entry on a marriage or dissolution of marriage record has been amended, that entry will not be amended again unless it can be shown that the first amendment was made through mistake.

007. FEES . The fees charged by the Department for the making of amendments to marriage or dissolution of marriage records are identical to those charged for the making of amendments to birth or death records.

History

Effective 2022-09-28

Chapter 6 Release of Medical History, Original Birth Certificate, and Relative's Information Following the Adoption of a Nebraska Born Person

Neb. Admin. Code tit. 174, ch. 6 Release of Medical History, Original Birth Certificate, and Relative's Information Following the Adoption of a Nebraska Born Person {#sec-174-nac-6 omnilex-key=us-ne-regs-official--title-174--174 NAC 6}

001. SCOPE AND AUTHORITY . These regulations implement the laws governing the release of information to a person who was adopted or for whom relinquishment or consents for adoption were given pursuant to Nebraska Revised Statutes (Neb. Rev. Stat.) §§ 43-121 to 43-146.17, the Nebraska Indian Child Welfare Act, and Neb. Rev. Stat. § 43-107.

002. REQUIREMENTS FOR ACCESS TO RECORDS ABOUT PERSONS ADOPTED OR FOR WHOM A RELINQUISHMENT OR CONSENT FOR ADOPTION WAS GIVEN PRIOR TO SEPTEMBER 1, 1988 . To obtain access to names of relatives or his or her original certificate of birth for a person that was adopted or for whom a relinquishment or consent for adoption was given prior to September 1, 1988, the requester must meet the statutory requirements and must submit to the Department:

(A) A request on a form provided by the Department;

(B) Evidence of having attained at least the age of 25 years;

(D) The required search fee as established in this chapter.

003. REQUIREMENTS FOR ACCESS TO RECORDS ABOUT PERSONS ADOPTED OR FOR WHOM A RELINQUISHMENT OR CONSENT FOR ADOPTION WAS GIVEN ON OR AFTER SEPTEMBER 1, 1988 . To obtain access to the names of relatives or to his or her original birth certificate for a person that was adopted or for whom a relinquishment or consent for adoption was given on or after September 1, 1988, the requester must meet the statutory requirements and must submit to the Department:

(A) A request on a form provided by the Department;

(B) Evidence of having attained the age of 21 years;

(D) The required search fee as established in this chapter.

004. REQUIREMENTS FOR ACCESS BY AN ADOPTED PERSON’S HEIR TO ORIGINAL INFORMATION ABOUT THE ADOPTED PERSON . To obtain access to an adopted person’s original adoptive information the requester must meet the statutory requirements and must submit to the Department:

(A) A request on a form provided by the Department;

(B) Evidence that the requester is an heir of the adopted person;

(D) Evidence that the adopted person is deceased;

(E) Evidence that the adopted person’s biological parent(s) is or are deceased;

(F) Evidence that the spouse(s) of the biological parent(s) is or are deceased; and

(G) The required fee as established in this chapter.

005. REQUIREMENTS FOR ACCESS BY AN ADOPTED PERSON’S HEIR TO ORIGINAL INFORMATION ABOUT THE ADOPTED PERSON WHEN A 100 YEARS OR MORE HAS PASSED SINCE THE BIRTH OF THE ADOPTED PERSON . To obtain access to an adopted person’s original adoptive information the requester must meet the statutory requirements and must submit to the Department:

(A) A request on a form provided by the Department;

(B) Evidence that the requester is an heir of the adopted person;

(D) The required fee as established in this chapter.

006. SCHEDULE OF FEES . The following fees apply to this chapter:

(A) For each search of the files the fee as provided in Neb. Rev. Stat. § 71-612;

(B) For each certified copy of a birth certificate an additional fee of $1; and

(C) For each request by an heir of an adopted person for original birth information on the adopted person a fee of $100. This fee includes review of the request, correspondence with the heir, and up to four hours of research to link documents. If more than four hours of research time is required, a fee of $25 for each additional hour or partial hour will be charged.

History

Effective 2022-05-08

Chapter 7 Death, Marriage, and Dissolution of Marriage

Neb. Admin. Code tit. 174, ch. 7 Death, Marriage, and Dissolution of Marriage {#sec-174-nac-7 omnilex-key=us-ne-regs-official--title-174--174 NAC 7}

001. SCOPE . These regulations implement the provisions of Nebraska Revised Statutes (Neb. Rev. Stat.) §§ 71-602, 71-603, and 71-605 for the registration of deaths, marriages, and dissolutions of marriage that occurred in Nebraska.

002. REQUIREMENT FOR REGISTRATION OF DEATH . When a death occurs in Nebraska, a Certificate of Death Registration Form, provided by the Department, must be filed with the Department pursuant to requirements of Neb. Rev. Stat. § 71-605. The Department may refuse to accept for filing of a Death Registration Form that is incomplete.

003. FOR REGISTRATION OF MARRIAGE . When a marriage occurs in Nebraska, a Certificate of Marriage Registration Form, provided by the Department, must be filed with the Department pursuant to the requirements of Neb. Rev. Stat. § 71-602. The Department may refuse to accept for filing of a Marriage Registration Form that is incomplete.

004. REQUIREMENT FOR REGISTRATION OF DISSOLUTION OF MARRIAGE . When a dissolution of marriage occurs in Nebraska, a Certificate of Dissolution of Marriage Registration Form, provided by the Department, must be filed with the Department pursuant to requirements of Neb. Rev. Stat. § 71-602. The Department may refuse to accept for filing of a dissolution of Marriage Registration Form that is incomplete.

History

Effective 2022-05-08

Chapter 8 Report of Induced Abortion, Continuing Pregnancy After Mifepristone, Fetal Death, and Stillbirth

Neb. Admin. Code tit. 174, ch. 8 Report of Induced Abortion, Continuing Pregnancy After Mifepristone, Fetal Death, and Stillbirth {#sec-174-nac-8 omnilex-key=us-ne-regs-official--title-174--174 NAC 8}

001. SCOPE . These regulations implement the provisions of Nebraska Revised Statutes (Neb. Rev. Stats.) §§ 28-327.01, 28-343 through 28-345, 71-602, 71-603, and 71-606 for reporting induced abortions, continuing pregnancy after taking Mifepristone, and the registration of the fetal deaths and stillbirths that occurred in Nebraska.

002. REQUIREMENT FOR INDUCED ABORTION REPORTING . When an induced abortion occurs in Nebraska, an Induced Abortion Reporting Form, provided by the Department, must be filed with the Department pursuant to the requirements of Neb. Rev. Stat. §§ 28-343 through 28-345. The Department may refuse to accept the Report of Induced Reporting that is incomplete.

003. REQUIREMENT FOR CONTINUING PREGNANCY AFTER TAKING MIFEPRISTONE REPORTING . When pregnancy is continued after taking Mifepristone, a Report for Continuing Pregnancy After Taking Mifepristone, provided by the Department, must be filed with the Department pursuant to the requirements of Neb. Rev. Stat. § 28-327.01. The Department may refuse to accept a Report for Continuing Pregnancy After Taking Mifepristone that is incomplete.

004. REQUIREMENT FOR REGISTRATION OF FETAL DEATH AND STILLBRITH . When a fetal death occurs in Nebraska, a Certificate of Fetal Death Registration Form, provided by the Department, must be filed with the Department pursuant to requirements of Neb. Rev. Stat. § 71-606. The Department may refuse to accept a Fetal Death Registration Form that is incomplete.

History

Effective 2022-05-08

Chapter 9 Original and Delayed Birth Certificates

Neb. Admin. Code tit. 174, ch. 9 Original and Delayed Birth Certificates {#sec-174-nac-9 omnilex-key=us-ne-regs-official--title-174--174 NAC 9}

9-001 SCOPE : These regulations apply to the registration of the birth of newborn infants (as provided in Neb. Rev. Stat. § 71-604), for those persons who were born in Nebraska but whose births were not registered pursuant to Neb. Rev. Stat. § 71-604 (as provided in Neb. Rev. Stat. §§ 71-617.01 to 71-617.15), and for amending such records (as provided in Neb. Rev. Stat. §§ 71-634 to 71-644).

9-002 DEFINITIONS

Certificate of Delayed Birth Registration Form means the standard form prescribed by the Department for registering births under the Delayed Birth Registration Act, a copy of which is attached to these regulations as Attachment A and incorporated by this reference.

Certificate of Live Birth Registration Form means the standard form prescribed by the Department for registering live births occurring in this state, a copy of which is attached to these regulations as Attachment B and incorporated by this reference.

Department means the Nebraska Department of Health and Human Services.

Director means the Director of the Division of Public Health of the Nebraska Department of Health and Human Services or his or her designee.

Petition For The Issuance Of A Certificate Of Delayed Birth Registration Form means the standard form for an action under Neb. Rev. Stat. § 71-617.08, a copy of which is Attachment C, incorporated in these regulations by this reference.

Order For The Issuance Of A Certificate Of Delayed Birth Registration Form means the standard form order for use by a court to issue findings or orders under Neb. Rev. Stat. § 71-617.11, a copy of which is Attachment D, incorporated in these regulations by this reference.

9-003 REQUIREMENTS FOR REGISTRATION OF LIVE BIRTH : Within five business days of a live birth that occurs in Nebraska, a Certificate of Live Birth Registration Form must be filed with the Department or, for a birth in Douglas or Lancaster County, with the appropriate county health department, which within ten business days of the birth must file such certificate with the Department.

9-003.01 The Department may refuse to accept for filing a Certificate of Live Birth Registration Form that is incomplete, unless such form is accompanied by a disclosure or a satisfactory accounting for any omission.

9-004 CERTIFICATES OF DELAYED BIRTH REGISTRATION : Any birth registered under the Delayed Birth Registration Act shall be registered on a Certificate of Delayed Birth Registration Form, after submission of an application and all statutorily-required information.

9-004.01 The Department in its discretion may, instead of immediately denying a deficient application for a Certificate of Delayed Birth Registration, allow the applicant an opportunity to cure the deficiency or deficiencies. The Department will dismiss any application that has not been cured within one year of filing with the Department.

9-004.02 If the application is dismissed, the application fee will be returned by the Department to the applicant.

9-005 APPEALS : Department actions taken under this Chapter and the related statutes may be appealed in accordance with the appropriate procedures prescribed in those statutes and by 184 NAC 1.

History

Effective 2016-05-29

Neb. Admin. Code tit. 174 — Vital Records

Chapter 1 Compilation of Information Submitted on Abortion Reporting and Consent Forms

Neb. Admin. Code tit. 174, ch. 1 Compilation of Information Submitted on Abortion Reporting and Consent Forms {#sec-174-nac-1 omnilex-key=us-ne-regs-official--title-174--174 NAC 1}

Chapter 3 Viewing and Release of Vital Records

Neb. Admin. Code tit. 174, ch. 3 Viewing and Release of Vital Records {#sec-174-nac-3 omnilex-key=us-ne-regs-official--title-174--174 NAC 3}

Chapter 4 Regulations Governing Amendment of Marriage and Dissolution of Marriage Records

Neb. Admin. Code tit. 174, ch. 4 Regulations Governing Amendment of Marriage and Dissolution of Marriage Records {#sec-174-nac-4 omnilex-key=us-ne-regs-official--title-174--174 NAC 4}

Chapter 6 Release of Medical History, Original Birth Certificate, and Relative's Information Following the Adoption of a Nebraska Born Person

Neb. Admin. Code tit. 174, ch. 6 Release of Medical History, Original Birth Certificate, and Relative's Information Following the Adoption of a Nebraska Born Person {#sec-174-nac-6 omnilex-key=us-ne-regs-official--title-174--174 NAC 6}

Chapter 7 Death, Marriage, and Dissolution of Marriage

Neb. Admin. Code tit. 174, ch. 7 Death, Marriage, and Dissolution of Marriage {#sec-174-nac-7 omnilex-key=us-ne-regs-official--title-174--174 NAC 7}

Chapter 8 Report of Induced Abortion, Continuing Pregnancy After Mifepristone, Fetal Death, and Stillbirth

Neb. Admin. Code tit. 174, ch. 8 Report of Induced Abortion, Continuing Pregnancy After Mifepristone, Fetal Death, and Stillbirth {#sec-174-nac-8 omnilex-key=us-ne-regs-official--title-174--174 NAC 8}

Chapter 9 Original and Delayed Birth Certificates

Neb. Admin. Code tit. 174, ch. 9 Original and Delayed Birth Certificates {#sec-174-nac-9 omnilex-key=us-ne-regs-official--title-174--174 NAC 9}

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