Chapter 43 — INFANTS AND JUVENILES
1,209 sections in this chapter.
Neb. Rev. Stat. § 43-1412 Paternity; action to establish; procedure; public hearings prohibited; evidence; default judgment; decree; payment of costs and fees.
2.7K chars
(1) The method of trial shall be the same as that in other civil proceedings, except that the trial shall be by the court without a jury unless a jury is requested (a) by the alleged father, in a proceeding instituted by the mother or the guardian or next friend, or (b) by the mo…
Neb. Rev. Stat. § 43-1412.01 Legal determination of paternity set aside; when; guardian ad litem; court orders.
1.6K chars
(1) An individual may file a complaint for relief and the court may set aside a final judgment, court order, administrative order, obligation to pay child support, or any other legal determination of paternity if a scientifically reliable genetic test performed in accordance with…
Neb. Rev. Stat. § 43-1413 Child born out of wedlock; term substituted for other terms.
0.3K chars
In any local law, ordinance or resolution, or in any public or judicial proceeding, or in any process, notice, order, decree, judgment, record or other public document or paper, the terms bastard or illegitimate child shall not be used but the term child born out of wedlock shall…
Neb. Rev. Stat. § 43-1414 Genetic testing; procedure; confidentiality; violation; penalty.
4.5K chars
(1)(a) In any proceeding to establish paternity, the court may, on its own motion, or shall, on a timely request of a party, after notice and hearing, require the child, the mother, and the alleged father to submit to genetic testing to be performed on blood or any other appropri…
Neb. Rev. Stat. § 43-1415 Results of genetic tests; admissible evidence; rebuttable presumption.
0.7K chars
(1) The results of the tests, including the statistical probability of paternity, shall be admissible evidence and, except as provided in subsection (2) of this section, shall be weighed along with other evidence of paternity. (2) When the results of tests, whether or not such te…
Neb. Rev. Stat. § 43-1416 Genetic tests; chain of custody; competent evidence.
0.3K chars
The chain of custody of blood or tissue specimens shall be competent evidence and admissible by stipulation or by a verified written report, without the need for foundation testimony or other proof of authenticity, unless a timely written request for testimony is made at least th…
Neb. Rev. Stat. § 43-1417 Additional genetic testing; when.
0.3K chars
If the result of genetic testing or the expert's analysis of inherited characteristics is disputed, the court, upon reasonable request of a party, shall order that additional testing be done by the same laboratory or an independent laboratory at the expense of the party requestin…
Neb. Rev. Stat. § 43-1418 Genetic testing; costs.
0.4K chars
In cases where the court orders genetic testing at the request of a party, the requesting party shall initially pay such expense. In cases where the court orders genetic testing in the absence of a request of any party, the assessment of the cost of such testing shall be determin…
Neb. Rev. Stat. § 43-142 Department or agency; file report with clerk.
0.5K chars
The department or an agency which receives information as provided in section 43-138 shall file a written report with the clerk of the court within nine months of receipt of the information. The report shall indicate whether the relative has been located and whether a contact bet…
Neb. Rev. Stat. § 43-143 Adoptive parent; notice of nonconsent; filing.
0.5K chars
For adoptions in which the relinquishment or consent for adoption was given prior to July 20, 2002: An adoptive parent or parents may at any time, if they desire, file a notice of nonconsent with the department stating that at no time prior to his or her death or the death of bot…
Neb. Rev. Stat. § 43-144 Adoptive parent; nonconsent form.
1.2K chars
The nonconsent form provided for in section 43-143 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. § 43-145 Adoptive parent; revocation of nonconsent; form.
0.8K chars
At any time after signing the notice of nonconsent provided for in section 43-143, the adoptive 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 revo…
Neb. Rev. Stat. § 43-146 Forms; notarized; filing.
0.2K chars
The forms provided by sections 43-132, 43-134, 43-143, and 43-145 shall be notarized and filed with the department which shall keep such forms with all other records of an individual adopted person.
Neb. Rev. Stat. § 43-146.01 Sections; applicability.
0.8K chars
(1) Sections 43-106.02, 43-121, 43-123.01, and 43-146.02 to 43-146.16 shall provide the procedures for gaining access to information concerning an adopted person when a relinquishment or consent for an adoption is given on or after September 1, 1988. (2) Sections 43-119 to 43-142…
Neb. Rev. Stat. § 43-146.02 Medical history; requirements.
0.5K chars
A child placement agency, the department, or a private agency handling the adoption, as the case may be, shall maintain and shall provide to the adopting parents upon placement of the person with such parents and to the adopted person, upon his or her request, the available medic…
Neb. Rev. Stat. § 43-146.03 Information on original birth certificate; release; when.
0.7K chars
If at any time an individual licensed to practice medicine and surgery pursuant to the Medicine and Surgery Practice Act or licensed to engage in the practice of psychology pursuant to the Psychology Practice Act, through his or her professional relationship with an adopted perso…
Neb. Rev. Stat. § 43-146.04 Adopted person; request for information; form.
0.3K chars
An adopted person twenty-one years of age or older born in this state who desires access to the names of relatives or access to his or her original certificate of birth shall file a written request for such information with the department. The department shall provide a form for …
Neb. Rev. Stat. § 43-146.05 Release of information; procedure.
1.2K chars
(1) Upon receipt of a request for information made under section 43-146.04, the department shall check the records of the adopted person to determine whether an unrevoked nonconsent form is on file from a biological parent pursuant to section 43-146.06. (2) If no nonconsent form …
Neb. Rev. Stat. § 43-146.06 Biological parent; notice of nonconsent; filing; failure to sign; effect.
0.5K chars
A biological parent may at any time file a notice of nonconsent with the department stating that at no time prior to his or her death may any information on the adopted person's original birth certificate or any other identifying information, except medical histories as provided …
Neb. Rev. Stat. § 43-146.07 Biological parent; nonconsent form.
1.4K chars
The nonconsent form provided for in section 43-146.06 shall be designed by the department and 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 rel…
Neb. Rev. Stat. § 43-146.08 Biological parent; revocation of nonconsent; form.
0.6K chars
At any time after signing the notice of nonconsent provided for in section 43-146.06, the biological parent 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…
Neb. Rev. Stat. § 43-146.09 Biological parent; deceased; release of information.
0.5K chars
If the department has verified information indicating that both biological parents of the adopted person are deceased or if only one biological parent is known and verified information indicates that such parent is deceased, all information on the adopted person's original birth …
Neb. Rev. Stat. § 43-146.10 Adopted person; contact child placement agency or department; when.
0.4K chars
If an adopted person twenty-one years of age or older, after following the procedures set forth in sections 43-146.04 and 43-146.05, is unable to obtain information about the adopted person's relatives and there is no unrevoked nonconsent form as provided in section 43-146.06 on …
Neb. Rev. Stat. § 43-146.11 Department or agency; acquire information in court or department records; disclosure requirements.
0.8K chars
After being contacted by an adopted person as provided in section 43-146.10, the department or agency, as the case may be, shall verify that no unrevoked nonconsent form is on file with the department. If an unrevoked nonconsent form is not on file, the department or agency, as t…
Neb. Rev. Stat. § 43-146.12 Court or department records provided; record required.
0.3K chars
When any information is provided to the department or agency pursuant to section 43-146.11, 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 d…
Neb. Rev. Stat. § 43-146.13 Department or agency; contact relative; release of information; condition.
0.4K chars
(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) Information about the relative shall not be released to …
Neb. Rev. Stat. § 43-146.14 Department or agency; fees; department; rules and regulations.
0.6K chars
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 43-146.10 to 43-146.13. The department or agency shall use the fees to defray costs incurred to carry ou…
Neb. Rev. Stat. § 43-146.15 Department or agency; written report; contents.
0.5K chars
The department or an agency which receives information as provided in section 43-146.11 shall file a written report with the clerk of the court or department within nine months of receipt of the information. The report shall indicate whether the relative has been located and whet…
Neb. Rev. Stat. § 43-146.16 Forms; notarized; filing.
0.2K chars
The forms provided by sections 43-146.06 and 43-146.08 shall be notarized and filed with the department which shall keep such forms with all other records of the adopted person.
Neb. Rev. Stat. § 43-146.17 Heir of adopted person; access to information; when; fee.
2.3K chars
(1) Notwithstanding sections 43-119 to 43-146.16 and except as otherwise provided in this section, an heir twenty-one years of age or older of an adopted person shall have access to all information on file at the Department of Health and Human Services related to such adopted per…
Neb. Rev. Stat. § 43-147 Legislative findings.
0.5K chars
The Legislature finds that: (1) Finding adoptive families for children for whom state assistance is provided pursuant to sections 43-117 to 43-118 and 43-118.02 and assuring the protection of the interests of the children affected during the entire assistance period require speci…
Neb. Rev. Stat. § 43-148 Purposes of sections.
0.4K chars
The purposes of sections 43-147 to 43-154 are to: (1) Authorize the department to enter into interstate agreements with agencies of other states for the protection of children on whose behalf adoption assistance is being provided by the department; and (2) Provide procedures for …
Neb. Rev. Stat. § 43-149 Terms, defined.
0.5K chars
As used in sections 43-147 to 43-154, unless the context otherwise requires: (1) Adoption assistance state shall mean the state that is signatory to an adoption assistance agreement in a particular case; (2) Department shall mean the Department of Health and Human Services; and (…
Neb. Rev. Stat. § 43-150 Interstate compact; department; powers; effect.
0.4K chars
The department may develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in sections 43-147 to 43-154. When entered into and for so long as…
Neb. Rev. Stat. § 43-1501 Act, how cited.
0.1K chars
Sections 43-1501 to 43-1524 shall be known and may be cited as the Nebraska Indian Child Welfare Act.
Neb. Rev. Stat. § 43-1502 Purpose of act.
1.1K chars
The purpose of the Nebraska Indian Child Welfare Act is to clarify state policies and procedures regarding the implementation by the State of Nebraska of the federal Indian Child Welfare Act. It shall be the policy of the state to cooperate fully with Indian tribes in Nebraska in…
Neb. Rev. Stat. § 43-1503 Terms, defined.
10.2K chars
For purposes of the Nebraska Indian Child Welfare Act, except as may be specifically provided otherwise: (1) Active efforts shall mean and include, but not be limited to: (a) A concerted level of casework, both prior to and after the removal of an Indian child, exceeding the leve…
Neb. Rev. Stat. § 43-1504 Custody proceeding; jurisdiction of tribe; transfer of proceedings; rights of tribe; tribal proceedings; effect.
3.0K chars
(1) An Indian tribe shall have jurisdiction exclusive as to this state over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of such tribe, except when such jurisdiction is otherwise vested in the state by existing federal …
Neb. Rev. Stat. § 43-1505 Foster care placement; termination of parental rights; procedures; rights.
4.5K chars
(1) In any involuntary proceeding in a state court, when the court knows or has reason to know that an Indian child is involved, the party seeking the foster care placement of, or termination of parental rights to, an Indian child shall send a notice conforming to the requirement…
Neb. Rev. Stat. § 43-1505.01 Notice of involuntary proceeding in state court; contents; filing with court.
1.3K chars
(1) Notice of an involuntary proceeding in state court involving an Indian child shall conform with the requirements of 25 C.F.R. 23.11 and shall contain the following additional information, to the extent it is known, and if this additional information is unknown, a statement in…
Neb. Rev. Stat. § 43-1505.02 Permanency plan changes; termination of parental rights; notice to Indian child's tribe; when required.
1.9K chars
(1)(a) For any recommendation or request that the court change an Indian child's permanency plan to anything other than returning the child to the parent or home, the requestor or movant shall send notice of such recommendation or request to the Indian child's tribe. (b) The noti…
Neb. Rev. Stat. § 43-1506 Voluntary proceeding; consent; when valid; initiation of voluntary services; notice; department or state; duties; findings required; withdrawal of consent.
6.0K chars
(1) When any parent or Indian custodian voluntarily consents (a) to a foster care placement or (b) to relinquishment or termination of parental rights, such consent shall not be valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and …
Neb. Rev. Stat. § 43-1507 Petition to invalidate actions in violation of law.
0.4K chars
Any Indian child who is the subject of any action for foster care placement or termination of parental rights under state law, any parent or Indian custodian from whose custody such child was removed, and the Indian child's primary tribe may petition any court of competent jurisd…
Neb. Rev. Stat. § 43-1508 Placement guidelines; preferences; records.
3.9K chars
(1) In any adoptive placement of an Indian child under state law, a preference shall be given, in the absence of good cause to the contrary, to a placement with the following in descending priority order: (a) A member of the Indian child's extended family; (b) Other members of th…
Neb. Rev. Stat. § 43-1509 Return of custody; removal from foster care; procedures.
0.9K chars
(1) Notwithstanding any other state law to the contrary, whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian …
Neb. Rev. Stat. § 43-151 Interstate compact; requirements.
1.3K chars
A compact entered into pursuant to sections 43-147 to 43-154 shall include: (1) A provision making it available for joinder by all states; (2) A provision for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the not…
Neb. Rev. Stat. § 43-1510 Adopted individual; access to information.
0.4K chars
Upon application by an Indian individual who has reached the age of eighteen and who was the subject of an adoptive placement, the court which entered the final decree shall inform such individual of the tribal affiliation, if any, of the individual's biological parents and provi…
Neb. Rev. Stat. § 43-1511 Agreements with state agencies; authorized.
0.7K chars
(1) The appropriate departments and agencies of this state are authorized to enter into agreements with Indian tribes respecting care and custody of Indian children and jurisdiction over child custody proceedings, including agreements which may provide for orderly transfer of jur…
Neb. Rev. Stat. § 43-1512 Improper removal from custody; effect.
0.5K chars
When any petitioner in an Indian child custody proceeding before a state court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline ju…
Neb. Rev. Stat. § 43-1513 Higher federal standard of protection; when applicable.
0.3K chars
In any case when federal law applicable to a child custody proceeding provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under the Nebraska Indian Child Welfare Act, the state court shall apply the …