Chapter 43 — INFANTS AND JUVENILES
1,209 sections in this chapter.
Neb. Rev. Stat. § 43-1303 Office; registry; reports required; foster care file audit case reviews; rules and regulations; local board; report; court; report; visitation of facilities; executive director; powers and duties.
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(1) The office shall maintain the statewide register of all foster care placements occurring within the state, and there shall be a weekly report made to the registry of all foster care placements by the Department of Health and Human Services, any child-placing agency, or any co…
Neb. Rev. Stat. § 43-1304 Local foster care review boards; members; powers and duties.
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There shall be local foster care review boards to conduct the foster care file audit case reviews of children in foster care placement and carry out other powers and duties given to such boards under the Foster Care Review Act. The executive director of the office shall select me…
Neb. Rev. Stat. § 43-1305 Local board; terms; vacancy.
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All local board members shall be appointed for terms of three years. If a vacancy occurs on a local board, the executive director of the office shall appoint another person to serve the unexpired portion of the term. Appointments to fill vacancies on the local board shall be made…
Repealed. Laws 2025, LB2, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-1307 Child placed in foster care; court; duties; office; provide information to local board.
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(1) Each court which has placed a child in foster care shall send to the office (a) a copy of the plan or permanency plan, prepared by the person or court in charge of the child in accordance with section 43-1312, to effectuate rehabilitation of the foster child and family unit o…
Neb. Rev. Stat. § 43-1308 Local board; powers and duties.
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(1) Except as otherwise provided in the Nebraska Indian Child Welfare Act, the designated local board shall: (a) Conduct a foster care file audit case review at least once every six months for the case of each child in a foster care placement to determine what efforts have been m…
Neb. Rev. Stat. § 43-1309 Records; release; when.
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Upon the request of the office or designated local board, any records pertaining to a case assigned to such local board shall be furnished to the office or designated local board by the Department of Health and Human Services, by any public official or employee of a political sub…
Neb. Rev. Stat. § 43-131 Release of information; procedure.
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(1) Upon receipt of a request for information, the department shall check the records of the adopted person making the request to determine whether the consent form provided by section 43-124 has been signed and filed by any relative of the adopted person and whether an unrevoked…
Neb. Rev. Stat. § 43-1310 Records and information; confidential; unauthorized disclosure; penalty.
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All records and information regarding foster children and their parents or relatives in the possession of the office or local board shall be deemed confidential. Unauthorized disclosure of such confidential records and information or any violation of the rules and regulations ado…
Neb. Rev. Stat. § 43-1311 Child removed from home; person or court in charge of child; duties.
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Except as otherwise provided in the Nebraska Indian Child Welfare Act, immediately following removal of a child from his or her home pursuant to section 43-284, the person or court in charge of the child shall: (1) Conduct or cause to be conducted an investigation of the child's …
Neb. Rev. Stat. § 43-1311.01 Child removed from home; notice to noncustodial parent and certain relatives; when; information provided; department; duties.
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(1) When notified pursuant to section 43-1311 or upon voluntary placement of a child, the Department of Health and Human Services shall, as provided in this section, identify, locate, and provide written notification of the removal of the child from his or her home, within thirty…
Neb. Rev. Stat. § 43-1311.02 Placement of child and siblings; sibling visitation or ongoing interaction; motions authorized; court review; department; duties; right of sibling to intervene.
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(1)(a) Reasonable efforts shall be made to place a child and the child's siblings in the same foster care placement or adoptive placement, unless such placement is contrary to the safety or well-being of any of the siblings. This requirement applies even if the custody orders of …
Neb. Rev. Stat. § 43-1311.03 Written independent living transition proposal; development; contents; transition team; department; duties; information regarding Young Adult Bridge to Independence Act; notice; contents; out-of-home placement; hearing, when held.
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(1) When a child placed in foster care turns fourteen years of age or enters foster care and is at least fourteen years of age, a written independent living transition proposal shall be developed by the Department of Health and Human Services at the direction and involvement of t…
Neb. Rev. Stat. § 43-1312 Plan or permanency plan for foster child; contents; investigation; hearing; court; duties.
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(1) Following the investigation conducted pursuant to section 43-1311 and immediately following the initial placement of the child, the person or court in charge of the child shall cause to be established a safe and appropriate plan for the child. The plan shall contain at least …
Neb. Rev. Stat. § 43-1312.01 Placement of child; order granting guardianship; court retain jurisdiction over child; termination of guardianship; when; effect of guardianship.
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(1) If the permanency plan for a child established pursuant to section 43-1312 does not recommend return of the child to his or her parent or that the child be placed for adoption, including a tribal customary adoption as defined in section 43-1503, the juvenile court may place t…
Neb. Rev. Stat. § 43-1313 Review of dispositional order; when; procedure.
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When a child is in foster care placement, the court having jurisdiction over such child for the purposes of foster care placement shall review the dispositional order for such child at least once every six months. The court may reaffirm the order or direct other disposition of th…
Neb. Rev. Stat. § 43-1314 Court review or hearing; right to participate; notice.
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(1) Except as otherwise provided in the Nebraska Indian Child Welfare Act, notice of the court review or hearing and the right of participation in all court reviews and hearings pertaining to a child in a foster care placement shall be provided by the court having jurisdiction ov…
Neb. Rev. Stat. § 43-1314.01 Six-month case reviews; office; duties.
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(1) The office shall be the only entity responsible for the conduct of periodic foster care file audit case reviews which shall be identified as reviews which meet the federal requirements for six-month case reviews pursuant to the federal Adoption Assistance and Child Welfare Ac…
Neb. Rev. Stat. § 43-1314.02 Caregiver information form; development; provided to caregiver.
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(1) The court shall provide a caregiver information form or directions on downloading such form from the Supreme Court Internet website to the foster parent, preadoptive parent, guardian, or relative providing care for the child when giving notice of a court review described in s…
Neb. Rev. Stat. § 43-1315 Status and permanency plan review; placement order.
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In reviewing the foster care status and permanency plan of a child and in determining its order for disposition, the court shall continue placement outside the home upon a written determination that return of the child to his or her home would be contrary to the welfare of such c…
Neb. Rev. Stat. § 43-1316 Status review; child's needs; determination.
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The court shall, when reviewing the foster care status of a child, determine whether the individual physical, psychological, and sociological needs of the child are being met. The health and safety of the child are of paramount concern in such review.
Neb. Rev. Stat. § 43-1317 Training for local board members.
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The office shall establish compulsory training for local board members which shall consist of initial training programs followed by periodic inservice training programs.
Neb. Rev. Stat. § 43-1318 Act, how cited.
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Sections 43-1301 to 43-1321 shall be known and may be cited as the Foster Care Review Act.
Neb. Rev. Stat. § 43-1319 Funds of Department of Health and Human Services; use.
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Funds of the Department of Health and Human Services shall be used to defray the reasonable expenses incurred in the recruitment, training, and recognition of foster care providers and volunteers, including expenses incurred for community forums, public information sessions, and …
Neb. Rev. Stat. § 43-132 Biological parent; notice of nonconsent; filing.
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A biological parent or parents may at any time, if they desire, file a notice of nonconsent with the department stating that at no time after his or her death and prior to the death of his or her spouse, if such spouse is not a biological parent, may any information on the adopte…
Neb. Rev. Stat. § 43-1320 Foster parents; liability protection; Foster Parent Liability and Property Damage Fund; created; use; investment; unreimbursed liability and damage; claim.
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(1) The Legislature finds and declares that foster parents are a valuable resource providing an important service to the citizens of Nebraska. The Legislature recognizes that the current insurance crisis has adversely affected some foster parents in several ways. Foster parents h…
Neb. Rev. Stat. § 43-1321 Foster Care Review Office Cash Fund; created; use; investment.
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There is hereby created the Foster Care Review Office Cash Fund. The fund shall be administered by the Foster Care Review Office. The office shall remit revenue from the following sources to the State Treasurer for credit to the fund: (1) Registration and other fees received for …
Repealed. Laws 2017, LB225, § 20.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-133 Biological parent; nonconsent form.
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The nonconsent form provided for in section 43-132 shall contain the following information: (1) The name of the person completing the form and, if different, the name of such person at the time of birth of the adopted person; (2) The relationship of the person to the adopted pers…
Neb. Rev. Stat. § 43-134 Biological parent; revocation of nonconsent; form.
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At any time after signing the notice of nonconsent provided for in section 43-132, the parent or parents may revoke such notice. A form of revocation shall be provided by the department and shall take effect at the time of filing of the form with the department. The revocation fo…
Neb. Rev. Stat. § 43-135 Biological parent; deceased; release of information.
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If the department has information indicating that both biological parents of the adopted person are deceased, or if only one biological parent is known and information indicates that such parent is deceased, and no nonconsent form, as provided in section 43-132 or 43-143, has bee…
Neb. Rev. Stat. § 43-136 Release of original birth certificate; when.
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If a consent form has been signed and filed by both biological parents or by the biological mother of a child born out of wedlock, and no nonconsent form, as provided in section 43-143, has been filed, a copy of the adopted person's original birth certificate shall be provided to…
Neb. Rev. Stat. § 43-137 Adopted person; contact child placement agency or department; when.
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If an adopted person twenty-five years of age or older, after following the procedures set forth in sections 43-130 and 43-131 is not able to obtain information about such person's relatives, such person may then contact the child placement agency which handled the adoption if th…
Neb. Rev. Stat. § 43-138 Department or agency; acquire information in court or department records; disclosure requirements.
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After being contacted by an adopted person, if no valid nonconsent form, as provided in section 43-132 or 43-143, is on file, the department or agency as the case may be shall apply to the clerk of the court which issued the adoption decree or the department for any information i…
Neb. Rev. Stat. § 43-139 Court or department records provided; record required.
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When any information is provided to the department or agency pursuant to section 43-138, the person providing the information shall record in the records of the adopted person the nature of the information disclosed, to whom the information was disclosed, and the date of the disc…
Neb. Rev. Stat. § 43-140 Department or agency; contact relative; limitations; reunion or release of information; when.
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(1) Upon determining the identity and location of the relative being sought, the department or agency shall attempt to contact the relative to determine such relative's willingness to be contacted by the adopted person. (2) In contacting the relative, the department or agency sha…
Neb. Rev. Stat. § 43-1401 Terms, defined.
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(1) For purposes of sections 43-1401 to 43-1418: (a) Child means a child who is under the age of eighteen years and who: (i) Except as provided in sections 43-1411 and 43-1414, was born out of wedlock; or (ii) Has been adopted by a second adult person under subdivision (1)(c) of …
Neb. Rev. Stat. § 43-1402 Child support; liability of parents.
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The father of a child whose paternity is established either by judicial proceedings or by acknowledgment as hereinafter provided shall be liable for the child's support to the same extent and in the same manner as the father of a child born in lawful wedlock is liable for the chi…
Neb. Rev. Stat. § 43-1403 Support by county; conditions.
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In case of the neglect or inability of the parents, or either of them, to support a child, it shall be supported by the county chargeable therewith under the provisions of Chapter 68. Nothing in this section shall be construed to make a child ineligible to receive relief to which…
Neb. Rev. Stat. § 43-1404 Child support; liability of parents; discharge.
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The liability of the parent for support of a child shall be discharged by compliance with the terms of a judicial decree for support or the terms of a judicially approved settlement or by the adoption of the child by some other person or persons.
Neb. Rev. Stat. § 43-1405 Child support; liability of parents; discharge by settlement; requirements.
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(1) A settlement provided for in section 43-1404 means a voluntary agreement: (a) That is between: (i) The father of the child and the mother or some person authorized to act in her behalf; (ii) The father and the next friend or guardian of the child; (iii) A parent of a child ad…
Neb. Rev. Stat. § 43-1406 Determination of paternity by other state or Indian tribe; full faith and credit; legitimacy of child.
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(1) A determination of paternity made by any other state or by an Indian tribe as defined in section 43-1503, whether established through voluntary acknowledgment, genetic testing, tribal law, or administrative or judicial processes, shall be given full faith and credit by this s…
Neb. Rev. Stat. § 43-1407 Expenses of mother; liability of father; enforcement; payment by medical assistance program; recovery; procedure.
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(1) The father of a child shall also be liable for the reasonable expenses of (a) the child that are associated with the birth of the child and (b) the mother of such child during the period of her pregnancy, confinement, and recovery. Such liability shall be determined and enfor…
Repealed. Laws 1991, LB 457, § 47.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-1408.01 Notarized acknowledgment of paternity; execution by alleged father; form; filing with Department of Health and Human Services; payment.
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(1) During the period immediately before or after the in-hospital birth of a child whose mother was not married at the time of either conception or birth of the child or at any time between conception and birth of the child, the person in charge of such hospital or his or her des…
Neb. Rev. Stat. § 43-1409 Notarized acknowledgment of paternity; rebuttable presumption; admissibility; rescission.
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(1) The signing of a notarized acknowledgment, whether under section 43-1408.01 or otherwise, by the alleged father shall create a rebuttable presumption of paternity as against the alleged father. (2) The signed, notarized acknowledgment is subject to the right of any signatory …
Neb. Rev. Stat. § 43-141 Department or agency; fees; rules and regulations.
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The department or agency may charge a reasonable fee in an amount established by the department or agency in rules and regulations to recover expenses in carrying out sections 43-137 to 43-140. The department or agency shall use the fees to defray costs incurred to carry out such…
Neb. Rev. Stat. § 43-1410 Child support; decree or approved settlement; effect after death of parent.
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Any judicially approved settlement or order of support made by a court having jurisdiction in the premises shall be binding on the legal representatives of the parent in the event of his or her death, to the same extent as other contractual obligations and judicial judgments or d…
Neb. Rev. Stat. § 43-1411 Paternity; action to establish; venue; limitation; summons; person claiming to be biological father; action to establish; genetic testing.
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(1) A civil proceeding to establish the paternity of a child may be instituted, in the court of the district where the child is domiciled or found or, for cases under the Uniform Interstate Family Support Act, where the alleged father is domiciled, by: (a) The mother or the alleg…
Neb. Rev. Stat. § 43-1411.01 Paternity or parental support; jurisdiction; termination of parental rights; provisions applicable.
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(1) An action for paternity or parental support under sections 43-1401 to 43-1418 may be initiated by filing a complaint with the clerk of the district court as provided in section 25-2740. Such proceeding may be heard by the county court or the district court as provided in sect…