Chapter 43 — INFANTS AND JUVENILES
1,209 sections in this chapter.
Neb. Rev. Stat. § 43-4805 Notice; service.
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(1) Upon filing a petition pursuant to section 43-4804, and at least thirty days prior to the hearing date, the petitioner shall serve a notice of filing, together with a copy of the petition for emancipation and a summons to appear at the hearing, upon: (a) The parents or legal …
Neb. Rev. Stat. § 43-4806 Summons to appear; service.
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Upon filing the petition, a notice of filing, together with a copy of the petition for emancipation and a summons to appear at the hearing, shall be served: (1)(a) Upon the parents or legal guardian of the minor or, if the parents or legal guardian cannot be found, the nearest kn…
Neb. Rev. Stat. § 43-4807 Hearing on merits of petition.
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The court shall hold a hearing on the merits of the petition no sooner than forty-five days after the date of filing but within sixty days after the date of its filing. The petitioner shall notify by certified mail the petitioner's parent or legal guardian or the petitioner’s nea…
Neb. Rev. Stat. § 43-4808 Objection to petition.
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The minor's parent or legal guardian and the minor’s legal custodian may file an objection to the petition for emancipation within thirty days of service of the notice of the hearing.
Neb. Rev. Stat. § 43-4809 Burden of proof; advisement by court; judgment of emancipation.
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(1) The minor has the burden of proving by clear and convincing evidence that the requirements for ordering emancipation under this section have been met. Prior to entering a judgment of emancipation, the court shall advise the minor of the consequences of emancipation, including…
Neb. Rev. Stat. § 43-4810 Judgment of emancipation; effect; certified copy; use by third party.
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(1) A judgment of emancipation removes the disability of minority insofar as that disability may affect: (a) Establishment of his or her own residence; (b) incurring indebtedness or contractual obligations of any kind; (c) consenting to medical, dental, or psychiatric care withou…
Neb. Rev. Stat. § 43-4811 Effect on prosecution of criminal offense.
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An emancipated minor shall not be considered an adult for prosecution of a criminal offense.
Neb. Rev. Stat. § 43-4812 Rescission; motion; grounds; when granted; hearing; notice; effect on prior order of custody, parenting time, or support.
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(1) A motion for rescission may be filed by any interested person or public agency in order to rescind a judgment of emancipation on the following grounds: (a) The minor has become indigent and has insufficient means of support; or (b) The judgment of emancipation was obtained by…
Neb. Rev. Stat. § 43-4901 Act, how cited.
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Sections 43-4901 to 43-4903 shall be known and may be cited as the Newborn Safe Haven Act.
Neb. Rev. Stat. § 43-4902 Public information program.
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(1) Subject to available funding, it is the intent of the Legislature to appropriate sixty-five thousand dollars to the Department of Health and Human Services for fiscal year 2024-25 and ten thousand dollars each fiscal year thereafter, to develop, implement, and maintain a publ…
Neb. Rev. Stat. § 43-4903 Leaving child at a hospital, a staffed fire station, a staffed law enforcement agency, or an emergency care provider; no prosecution for crime; custody of child; duty.
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(1) No person shall be prosecuted for any crime based solely upon the act of leaving a child ninety days old or younger in the custody of an employee on duty at: (a) A hospital licensed by the State of Nebraska; (b) a staffed fire station; (c) a staffed law enforcement agency; or…
Neb. Rev. Stat. § 43-501 Sections, how construed.
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Sections 43-501 to 43-526 shall be construed to be new, supplemental, and independent legislation upon the subjects of assistance and services for delinquent, dependent, and medically handicapped children, and all provisions of law in regard thereto shall be and remain in full fo…
Repealed. Laws 1953, c. 237, § 11.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-503 Department of Health and Human Services; duty to cooperate with other agencies.
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The Department of Health and Human Services shall cooperate and coordinate its child and maternal welfare activities with those of state institutions, the vocational rehabilitation division of the State Department of Education, courts, county boards, charities and all other organ…
Neb. Rev. Stat. § 43-504 Terms, defined; pregnancy; effect.
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(1) The term dependent child shall mean a child under the age of nineteen years who is living with a relative or with a caretaker who is the child's legal guardian or conservator in a place of residence maintained by one or more of such relatives or caretakers as his, her, or the…
Neb. Rev. Stat. § 43-504.01 Conditions of eligibility; partially or totally unemployed parent or needy caretaker.
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As a condition of eligibility for aid for children included in section 43-504, a partially or totally unemployed parent or needy caretaker shall participate in the employment preparation or training program for aid to dependent children, unless considered exempt under rules and r…
Repealed. Laws 1967, c. 250, § 1.
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[Repealed or reserved.]
Repealed. Laws 1982, LB 522, § 46.
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[Repealed or reserved.]
Repealed. Laws 1982, LB 522, § 46.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-507 Mentally and physically handicapped children; Department of Health and Human Services; duties.
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The Department of Health and Human Services, on behalf of mentally and physically handicapped children, shall (1) obtain admission to state and other suitable schools, hospitals, or other institutions or care in their own homes or in family, free, or boarding homes for such child…
Neb. Rev. Stat. § 43-508 Department of Health and Human Services; cooperation with state institutions.
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The Department of Health and Human Services shall cooperate with the state institutions for delinquent and mentally and physically handicapped children to ascertain the conditions of the home and the character and habits of the parents of a child, before his or her discharge from…
Neb. Rev. Stat. § 43-509 Religious faith of children; preservation.
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The religious faith of children coming under the jurisdiction of public welfare officials shall be preserved and protected.
Neb. Rev. Stat. § 43-510 Children eligible for assistance.
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In order to be eligible for assistance, a child must be a bona fide resident of the State of Nebraska.
Neb. Rev. Stat. § 43-511 Benefits extended to children in rural districts.
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The Department of Health and Human Services shall extend the assistance and services herein provided for to all children in rural districts throughout this state, in order that the same benefits and facilities shall be available to children in such districts as in urban areas.
Neb. Rev. Stat. § 43-512 Application for assistance; procedure; maximum monthly assistance; payment; transitional benefits; terms, defined.
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(1) Any dependent child as defined in section 43-504 or any relative or eligible caretaker of such a dependent child may file with the Department of Health and Human Services a written application for financial assistance for such child on forms furnished by the department. (2) T…
Neb. Rev. Stat. § 43-512.01 County attorney or authorized attorney; duty to take action against nonsupporting parent or stepparent; when.
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It shall be the duty of the county attorney or authorized attorney when a copy of the finding of investigation or the application for financial assistance has been filed with him or her as provided in section 43-512, or when an application has been made pursuant to section 43-512…
Neb. Rev. Stat. § 43-512.02 Child, spousal, and medical support collection; paternity determination; services available; application; fees; costs.
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(1) Any child or any relative, lawful custodian, guardian, or next friend of a child may file with the county attorney, authorized attorney, or other office designated by the Department of Health and Human Services an application for the same child, spousal, and medical support c…
Neb. Rev. Stat. § 43-512.03 County attorney or authorized attorney; duties; enumerated; department; powers; actions; real party in interest; representation; section, how construed.
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(1) The county attorney or authorized attorney shall: (a) On request by the Department of Health and Human Services as described in subsection (2) of this section or when the investigation or application filed under section 43-512 or 43-512.02 justifies, file a complaint against …
Neb. Rev. Stat. § 43-512.04 Child support or medical support; separate action allowed; procedure; presumption; decree; contempt.
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(1) An action for child support or medical support may be brought separate and apart from any action for dissolution of marriage. The complaint initiating the action shall be filed with the clerk of the district court and may be heard by the county court or the district court as …
Neb. Rev. Stat. § 43-512.05 Child, spousal, and medical support payments; district court clerks; furnish information; cooperative agreements; reimbursement for costs incurred.
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(1) It shall be the duty of the clerks of the district courts to furnish the Department of Health and Human Services monthly statistical information and any other information required by the department to properly account for child, spousal, and medical support payments. The cler…
Neb. Rev. Stat. § 43-512.06 Locating absent parents; determining income and employer; access to information; assistance; purpose.
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(1) Notwithstanding any other provisions of law regarding confidentiality of records, every department and agency of state, county, and city government and every employer or other payor as defined in section 43-1709 shall assist and cooperate with the Department of Health and Hum…
Neb. Rev. Stat. § 43-512.07 Assignment of child, spousal, or medical support payments; when; duration; notice; unpaid court-ordered support; how treated; pass-through amounts; how treated.
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(1) Any action, payment, aid, or assistance listed in this subsection shall constitute an assignment by operation of law to the Department of Health and Human Services of any right to spousal or medical support, when ordered by the court, and to child support, whether or not orde…
Neb. Rev. Stat. § 43-512.08 Intervention in matters relating to child, spousal, or medical support; when authorized.
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The county attorney or authorized attorney, acting for or on behalf of the State of Nebraska, may intervene without leave of the court in any proceeding for dissolution of marriage, paternity, separate maintenance, or child, spousal, or medical support for the purpose of securing…
Neb. Rev. Stat. § 43-512.09 Garnishment for collection of child support or medical support; where filed.
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A garnishment for the collection of child support or medical support may be filed in any jurisdiction where any property or credits of the defendant may be found irrespective of the residence of the creditors or the place where the debt is payable.
Neb. Rev. Stat. § 43-512.10 Sections, how construed.
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Sections 43-512 to 43-512.10 and 43-512.12 to 43-512.18 shall be interpreted so as to facilitate the determination of paternity, child, spousal, and medical support enforcement, and the conduct of reviews under such sections.
Neb. Rev. Stat. § 43-512.11 Work and education programs; department; report.
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The Department of Health and Human Services shall submit electronically an annual report, not later than December 1 of each year, to the Legislature regarding the effectiveness of programs established pursuant to subdivision (5)(a) of section 43-512. The report shall include, but…
Neb. Rev. Stat. § 43-512.12 Title IV-D child support order; review by Department of Health and Human Services; when; noncustodial parent incarcerated; review of child support order; notice to parents.
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(1) Child support orders in cases in which a party has applied for services under Title IV-D of the federal Social Security Act, as amended, shall be reviewed by the Department of Health and Human Services to determine whether to refer such orders to the county attorney or author…
Neb. Rev. Stat. § 43-512.13 Title IV-D child support order; review; notice requirements; additional reviews; procedure.
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(1)(a) When review of a child support order pursuant to subsection (1) or (2) of section 43-512.12 has been requested by one of the parents or initiated by the Department of Health and Human Services, the department shall send notice of the pending review to each parent affected …
Neb. Rev. Stat. § 43-512.14 Title IV-D child support order; financial information; duty to provide; failure; effect; referral of order; effect.
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Each parent requesting review shall provide the financial information as provided in section 43-512.17 to the Department of Health and Human Services upon request of the department. The parent requesting review shall also provide an affidavit regarding the financial circumstances…
Neb. Rev. Stat. § 43-512.15 Title IV-D child support order; modification; when; procedures.
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(1) The county attorney or authorized attorney, upon referral from the Department of Health and Human Services, shall file a complaint to modify a child support order unless the attorney determines in the exercise of independent professional judgment that: (a) The variation from …
Neb. Rev. Stat. § 43-512.16 Title IV-D child support order; review of health care coverage provisions.
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The county attorney or authorized attorney shall review the health care coverage provisions contained in any child support order which is subject to review under section 43-512.12 and shall include in any application for modification a request that the court order health care cov…
Neb. Rev. Stat. § 43-512.17 Title IV-D child support order; financial information; disclosure; contents.
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Any financial information provided to the Department of Health and Human Services, the county attorney, or the authorized attorney by either parent for the purpose of facilitating a modification proceeding under sections 43-512.12 to 43-512.18 may be disclosed to the other partie…
Neb. Rev. Stat. § 43-512.18 Title IV-D child support order; communication technology; use authorized.
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A court may use any available technology that would allow the parties to communicate with each other to conduct a hearing or any proceeding required pursuant to sections 43-512.12 to 43-512.17.
Neb. Rev. Stat. § 43-513 Aid to dependent children; standard of need; adjustment; limitation.
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The standard of need for aid to dependent children payments shall be adjusted on July 1 of every second year beginning July 1, 1997. The adjustment shall be made on the basis of the rate of growth of the Consumer Price Index as determined by the United States Department of Labor,…
Neb. Rev. Stat. § 43-513.01 Judgment for child support; death of judgment debtor.
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A judgment for child support shall not abate upon the death of the judgment debtor.
Neb. Rev. Stat. § 43-514 Payments; to whom made.
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Payments of assistance with respect to any dependent child shall be made to any person or persons in whose home the residence of such child is maintained.
Neb. Rev. Stat. § 43-515 Department of Health and Human Services; investigations; approval or disapproval of application; notice.
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In each case the Department of Health and Human Services shall make such investigation and reinvestigations as may be necessary to determine family circumstances and eligibility for assistance payments. Each applicant and recipient shall be notified in writing as to the approval …
Neb. Rev. Stat. § 43-516 Department of Health and Human Services; participants in aid to dependent children; collect data and information.
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The Department of Health and Human Services shall collect the following data and information yearly: (1) The total number of participants in the aid to dependent children program described in section 43-512 pursuing an associate degree; (2) Graduation rates of such participants, …
Neb. Rev. Stat. § 43-517 Department of Health and Human Services; report; public record.
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(1) The Department of Health and Human Services shall provide a report to the Governor and the Legislature no later than December 1 each year regarding the data and information collected pursuant to section 43-516, including a summary of such data and information. The report subm…
Repealed. Laws 1965, c. 394, § 6.
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[Repealed or reserved.]