Chapter 43 — INFANTS AND JUVENILES
1,209 sections in this chapter.
Repealed. Laws 2009, LB 237, § 5.
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[Repealed or reserved.]
Repealed. Laws 2009, LB 237, § 5.
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[Repealed or reserved.]
Repealed. Laws 2009, LB 237, § 5.
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[Repealed or reserved.]
Repealed. Laws 2009, LB 237, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-1005 Expense of returning juvenile to state; how paid.
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The expense of returning juveniles to this state pursuant to the Interstate Compact for Juveniles shall be paid as follows: (1) In the case of a runaway, the court making the requisition shall inquire summarily regarding the financial ability of the petitioner to bear the expense…
Repealed. Laws 2009, LB 237, § 5.
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[Repealed or reserved.]
Repealed. Laws 2009, LB 237, § 5.
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[Repealed or reserved.]
Repealed. Laws 2009, LB 237, § 5.
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[Repealed or reserved.]
Repealed. Laws 2009, LB 237, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-101 Children eligible for adoption; conditions.
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(1) Subject to sections 43-101 to 43-115 and except as otherwise provided in the Nebraska Indian Child Welfare Act and subsections (4) and (5) of this section: (a) Any minor child may be adopted by any adult person or persons; (b) Any minor child may be adopted by the spouse of s…
Neb. Rev. Stat. § 43-101.01 Terms, defined.
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For purposes of sections 43-101 to 43-115: (1) Acknowledged father means an individual who has: (a) Executed a valid acknowledgment of paternity; or (b) Acknowledged paternity through establishment of a familial relationship with the child for a period of at least six months; (2)…
Repealed. Laws 2009, LB 237, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-1011 Interstate Compact for Juveniles.
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ARTICLE I PURPOSE The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervis…
Neb. Rev. Stat. § 43-102 Petition requirements; decree; jurisdiction; filings.
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(1) Any person or persons desiring to adopt a minor child or an adult child shall file a petition for adoption signed and sworn to by the person or persons desiring to adopt. The following shall be filed prior to the hearing required under section 43-103: (a) The consent or conse…
Neb. Rev. Stat. § 43-102.01 Military personnel; deemed residents; when.
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For purposes of adoption, persons serving in the armed forces of the United States, who have been continuously stationed at any military base or installation in the State of Nebraska for the period of one year immediately preceding the filing of a petition for adoption shall be d…
Neb. Rev. Stat. § 43-103 Petition; hearing; notice.
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Except as otherwise provided in the Nebraska Indian Child Welfare Act, upon the filing of a petition for adoption the court shall fix a time for hearing the same. The hearing shall be held not less than four weeks nor more than eight weeks after the filing of such petition unless…
Neb. Rev. Stat. § 43-104 Adoption; consent required; exceptions; petition requirements; private adoption; requirements.
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(1) Except as otherwise provided in this section and in the Nebraska Indian Child Welfare Act, no adoption shall be decreed unless written consents thereto are filed in the county court of the county in which the person or persons desiring to adopt reside or in the county court i…
Neb. Rev. Stat. § 43-104.01 Child born out of wedlock; putative father registry; Department of Health and Human Services; duties.
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(1) The Department of Health and Human Services shall establish a putative father registry. The department shall maintain such registry and shall record the names and addresses of (a) any person adjudicated by a court of this state or by a court of another state or territory of t…
Neb. Rev. Stat. § 43-104.02 Child born out of wedlock; Notice of Objection to Adoption and Intent to Obtain Custody; filing requirements.
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(1) A Notice of Objection to Adoption and Intent to Obtain Custody shall be filed with the putative father registry under section 43-104.01 on forms provided by the Department of Health and Human Services: (a) At any time during the pregnancy and no later than ten business days a…
Neb. Rev. Stat. § 43-104.03 Child born out of wedlock; filing with putative father registry; department; notice; to whom given.
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Within three days after the filing of a Request for Notification of Intended Adoption or a Notice of Objection to Adoption and Intent to Obtain Custody with the putative father registry pursuant to sections 43-104.01 and 43-104.02, the Department of Health and Human Services shal…
Neb. Rev. Stat. § 43-104.04 Child born out of wedlock; failure to file notice; effect.
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If a Notice of Objection to Adoption and Intent to Obtain Custody is not timely filed with the putative father registry pursuant to section 43-104.02, the mother of a child born out of wedlock or an agent specifically designated in writing by the mother may request, and the Depar…
Neb. Rev. Stat. § 43-104.05 Child born out of wedlock; notice; filed; petition for adjudication of paternity; trial; guardian ad litem; court; jurisdiction.
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(1)(a) A putative, acknowledged, or adjudicated father objecting to a proposed adoption may file a petition objecting to the adoption and seeking a determination of whether the objecting father's consent to the proposed adoption is required. A putative father may only file such p…
Repealed. Laws 1995, LB 712, § 31.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-104.07 Child born in a foreign country; requirements.
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The petition for adoption of a child born in a foreign country shall be accompanied by: (1) A document or documents from a court, official department, or government agency of the country of origin stating that the parent has consented to the adoption, stating that the parental ri…
Neb. Rev. Stat. § 43-104.08 Child born out of wedlock; identify and inform biological father.
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Whenever a child is claimed to be born out of wedlock and the biological mother contacts an adoption agency or attorney to relinquish her rights to the child, or the biological mother joins in a petition for adoption to be filed by a second adult person, the agency or attorney co…
Neb. Rev. Stat. § 43-104.09 Child born out of wedlock; biological mother; affidavit; form.
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In all cases of adoption of a minor child born out of wedlock, the biological mother, or an individual acting on behalf of the biological mother and who possesses information provided by the biological mother if the biological mother is unavailable due to death, incapacity, aband…
Neb. Rev. Stat. § 43-104.10 Child born out of wedlock; agency or attorney; duty to inform biological mother.
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The agency or attorney representing the biological mother shall inform the mother of the legal and medical need to determine, whenever possible, the paternity of the child prior to an adoption and that her failure or refusal to accurately identify the biological father or possibl…
Neb. Rev. Stat. § 43-104.11 Child born out of wedlock; father's relinquishment and consent; when effective.
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If the biological mother's affidavit, required by section 43-104.09, identifies only one possible biological father of the child and states that there are no other possible biological fathers of the child, and if the named father executes a valid relinquishment and consent to ado…
Neb. Rev. Stat. § 43-104.12 Child born out of wedlock; agency or attorney; duty to inform biological father.
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In order to attempt to inform the biological father or possible biological fathers, whether putative, acknowledged, or adjudicated, of the right to execute a relinquishment and consent to adoption or a denial of paternity and waiver of rights, the agency or attorney representing …
Neb. Rev. Stat. § 43-104.13 Child born out of wedlock; notice to biological father; contents.
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The notice sent by the agency or attorney pursuant to section 43-104.12 shall be served sufficiently in advance of the birth of the child, whenever possible, to allow compliance with subdivision (1)(a) of section 43-104.02 and shall state: (1) The biological mother's name, the fa…
Neb. Rev. Stat. § 43-104.14 Child born out of wedlock; agency or attorney; duty to notify biological father by publication; when.
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(1) If the agency or attorney representing the biological mother is unable through reasonable efforts to locate and serve notice on the biological father or possible biological fathers as contemplated in sections 43-104.12 and 43-104.13, the agency or attorney shall notify the bi…
Neb. Rev. Stat. § 43-104.15 Child born out of wedlock; notification to biological father; exceptions.
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The notification procedure set forth in sections 43-104.12 to 43-104.14 shall, whenever possible, be completed prior to a child being placed in an adoptive home. If the information provided in the biological mother's affidavit prepared pursuant to section 43-104.09 presents clear…
Neb. Rev. Stat. § 43-104.16 Child born out of wedlock; notice requirements; affidavit by agency or attorney.
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In all cases involving the adoption of a minor child born out of wedlock, the agency or attorney representing the biological mother shall execute an affidavit stating that due diligence was used to identify and give actual or constructive notice to the biological father or possib…
Neb. Rev. Stat. § 43-104.17 Child born out of wedlock; petition; evidence of compliance required; notice to biological father; when.
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In all cases of adoption of a minor child born out of wedlock, the petition for adoption shall specifically allege compliance with sections 43-104.08 to 43-104.16, and all documents which are evidence of such compliance shall be filed with the court prior to the hearing on the pe…
Neb. Rev. Stat. § 43-104.18 Child born out of wedlock; failure to establish compliance with notice requirements; court powers.
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If a petition for adoption is filed and fails to establish substantial compliance with sections 43-104.08 to 43-104.16, the court shall receive evidence by affidavit of the facts and circumstances of the biological mother's relationship with the biological father or possible biol…
Repealed. Laws 2022, LB741, § 56.
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Repealed. Laws 2022, LB741, § 56.
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[Repealed or reserved.]
Repealed. Laws 2022, LB741, § 56.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-104.22 Child born out of wedlock; hearing; paternity of child; father's consent not required; when; determination of custody.
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At any hearing to determine the parental rights of an acknowledged father, an adjudicated father, or a putative father of a minor child born out of wedlock and whether such father's consent is required for the adoption of such child, the county court or juvenile court having juri…
Neb. Rev. Stat. § 43-104.23 Child born out of wedlock; decree finalizing adoption without biological father's notification; when; appeal.
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(1) The court shall enter a decree finalizing the adoption of the child if, after viewing the evidence submitted to support a petition for adoption, the court determines that: (a) No biological father can be identified; (b) No identified father can be notified without likely thre…
Neb. Rev. Stat. § 43-104.24 Child born out of wedlock; proceedings; court priority.
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All proceedings pursuant to sections 43-104.08 to 43-104.23 have the highest priority and shall be advanced on the court docket to provide for their earliest practical disposition. An adjournment or continuance of a proceeding pursuant to sections 43-104.08 to 43-104.23 shall not…
Repealed. Laws 2022, LB741, § 56.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-105 Substitute consents.
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(1) If consent is not required of both parents of a child born in lawful wedlock if living, the surviving parent of a child born in lawful wedlock, or the mother or mother and father of a child born out of wedlock, because of the provisions of subdivision (1)(b) of section 43-104…
Neb. Rev. Stat. § 43-106 Relinquishments and consents; signature; witnesses; acknowledgment.
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Relinquishments and consents required to be given under sections 43-104 and 43-105 must be acknowledged before an officer authorized to acknowledge deeds in this state and signed in the presence of at least one witness, in addition to the officer.
Neb. Rev. Stat. § 43-106.01 Relinquishment; relief from parental duties; no impairment of right to inherit.
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When a child shall have been relinquished by written instrument, as provided by sections 43-104 and 43-106, to the Department of Health and Human Services or to a licensed child placement agency and the agency has, in writing, accepted full responsibility for the child, the perso…
Neb. Rev. Stat. § 43-106.02 Relinquishment of child; presentation of nonconsent form required.
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Prior to the relinquishment of a child for adoption, a representative of the Department of Health and Human Services or of any child placement agency licensed by the department or an attorney and a witness shall present a copy or copies of the nonconsent form as provided in secti…
Neb. Rev. Stat. § 43-107 Adoptive home studies required; when; medical history; required; contents; exceptions; report required; case file; access; department; duties.
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(1)(a) A preplacement adoptive home study shall be filed with the court prior to the hearing required in section 43-103. Such study shall be completed by the Department of Health and Human Services or a licensed child placement agency within one year before the date on which the …
Neb. Rev. Stat. § 43-108 Personal appearance of parties; exceptions.
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(1) The minor child to be adopted, unless such child is over fourteen years of age, and the person or persons desiring to adopt the child must appear in person before the judge at the time of hearing, except that when the petitioners are married and one of them is present in cour…
Neb. Rev. Stat. § 43-109 Decree; conditions; content.
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(1) Except as otherwise provided in the Nebraska Indian Child Welfare Act, if, upon the hearing, the court finds that such adoption is for the best interests of such minor child or such adult child, a decree of adoption shall be entered. No decree of adoption shall be entered unl…
Neb. Rev. Stat. § 43-110 Decree; effect as between parties.
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Except as otherwise provided in the Nebraska Indian Child Welfare Act, after a decree of adoption is entered, the usual relation of parent and child and all the rights, duties and other legal consequences of the natural relation of child and parent shall thereafter exist between …