Chapter 43 — INFANTS AND JUVENILES
1,209 sections in this chapter.
Neb. Rev. Stat. § 43-1514 Emergency removal or placement of child; appropriate action; hotline representative; duty.
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(1) Nothing in the Nebraska Indian Child Welfare Act shall be construed to prevent the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from his or her parent or Indian custodian or the emerge…
Neb. Rev. Stat. § 43-1515 Applicability of act; exceptions.
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None of the provisions of the Nebraska Indian Child Welfare Act, except subsection (1) of section 43-1504 and section 43-1511, shall affect a proceeding under state law for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement which w…
Neb. Rev. Stat. § 43-1516 Adoptive placement; information made available.
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Any state court entering a final decree or order in any Indian child adoptive placement after September 6, 1985, shall provide the secretary with a copy of such decree or order together with such other information as may be necessary to show: (1) The name and tribal affiliation o…
Neb. Rev. Stat. § 43-1517 Rules and regulations.
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The department or the state, in consultation with Indian tribes, shall adopt and promulgate rules and regulations to establish standards and procedures for the department's or the state's review of cases subject to the Nebraska Indian Child Welfare Act and methods for monitoring …
Neb. Rev. Stat. § 43-1518 Tribal customary adoption; temporary concurrent jurisdiction in tribal court; finalizing adoption; department; duties.
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(1) If a state court finds that tribal customary adoption is an appropriate permanency plan under section 43-1312 and is in the best interests of an Indian child and the Indian child's tribe consents in writing to the tribal customary adoption, the state court shall grant tempora…
Neb. Rev. Stat. § 43-1519 Tribal customary adoption; adoptive home study.
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(1) An Indian tribe participating in a tribal customary adoption may conduct the adoptive home study required by section 43-107, or designate another party to conduct such study in consultation with the tribe, so long as the study meets the nationally accepted standards for triba…
Neb. Rev. Stat. § 43-152 Interstate compact; discretionary provisions.
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A compact entered into pursuant to sections 43-147 to 43-154 may contain provisions in addition to those required pursuant to section 43-151, including: (1) Provisions establishing procedures and entitlements to medical, developmental, child care, or other social services for the…
Neb. Rev. Stat. § 43-1520 Tribal customary adoption; written adoption assistance agreement; access to resources.
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The tribe of an Indian child who is subject to a pending tribal customary adoption may work in consultation with the department as the department works with the proposed tribal customary adoptive parents to finalize the written adoption assistance agreement as described in sectio…
Neb. Rev. Stat. § 43-1521 Tribal customary adoption; tribal court; duties; transfer to state court; extensions; full faith and credit required; decree of adoption; parents' rights; petition not required; adoption complete; effect.
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(1)(a) Within one hundred twenty days after receiving notice of the transfer of concurrent jurisdiction under section 43-1518, the tribal court shall: (i) Finalize the order or judgment of tribal customary adoption; (ii) Transfer proceedings back to state court; and (iii) Provide…
Neb. Rev. Stat. § 43-1522 Tribal customary adoption; transfers to tribal court.
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Nothing in sections 43-1518 to 43-1521 is intended to prevent the transfer of proceedings to a tribal court when transfer is otherwise permitted under applicable law.
Neb. Rev. Stat. § 43-1523 Tribal customary adoption; full faith and credit accorded.
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A tribal customary adoption shall be accorded full faith and credit by the courts of this state and shall be treated in all respects as any other adoption for all other purposes under Nebraska law, except to the extent otherwise provided for in the Nebraska Indian Child Welfare A…
Neb. Rev. Stat. § 43-1524 Tribal customary adoption; department; rules and regulations; Supreme Court; rules and forms.
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(1) The department may adopt and promulgate rules and regulations to carry out sections 43-1505.02 and 43-1518 to 43-1523 and the changes to other sections made by Laws 2026, LB1032. (2) The Supreme Court may adopt rules and forms to assist in the carrying out of sections 43-1505…
Neb. Rev. Stat. § 43-153 Child with special needs; medical assistance identification; how obtained; payment; violations; penalty.
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(1) A child with special needs residing in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon the filing with the department of a certified copy of the adoption…
Neb. Rev. Stat. § 43-154 State plan; administer federal aid.
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Consistent with federal law, the department, in connection with the administration of sections 43-147 to 43-154 and any compact entered into pursuant to such sections, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980, Public L…
Neb. Rev. Stat. § 43-155 Legislative intent.
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The Legislature finds that there are children in temporary foster care situations who would benefit from the stability of adoption. It is the intent of the Legislature that such situations be accommodated through the use of adoptions involving exchange-of-information contracts be…
Neb. Rev. Stat. § 43-156 Terms, defined.
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For purposes of sections 43-155 to 43-160, unless the context otherwise requires: (1) Adoption involving exchange of information shall mean an adoption of a child in which one or both of the child's biological parents contract with the department for information about the child o…
Neb. Rev. Stat. § 43-157 Determination by department.
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The department may, when planning the placement of a child for adoption, determine whether the best interests of such child might be served by placing the child in an adoption involving exchange of information.
Neb. Rev. Stat. § 43-158 Information included; effect on visitation.
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When the department determines that an adoption involving exchange of information would serve a child's best interests, it may enter into agreements with the child's proposed adoptive parent or parents for the exchange of information. The nature of the information promised to be …
Neb. Rev. Stat. § 43-159 Alteration.
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When, after placement of a child for adoption, it is determined by the department, in consultation with the adoptive parent or parents, that certain or all exchanges of information are no longer in the best interests of the child, the department may enter into an agreement with t…
Neb. Rev. Stat. § 43-160 Effect; enforcement.
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The existence of any agreement or agreements of the kind specified in section 43-158 shall not operate to impair the validity of any relinquishment or any decree of adoption entered by a court of the State of Nebraska. The violation of the terms of any agreement or agreements of …
Repealed. Laws 1989, LB 265, § 7.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 265, § 7.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 265, § 7.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 265, § 7.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 265, § 7.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 265, § 7.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 265, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-1608 Legislative findings.
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The Legislature finds that matters relating to the establishment, modification, and enforcement of child, spousal, or medical support should be handled by the district courts, separate juvenile courts, and county courts in an expeditious manner so that parties may obtain needed o…
Neb. Rev. Stat. § 43-1609 Child support referee; appointment; when; qualifications; oath or affirmation; removal; contracts authorized.
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(1) Child support referees shall be appointed when necessary by the district courts, separate juvenile courts, and county courts to meet the requirements of federal law relating to expediting the establishment, modification, enforcement, and collection of child, spousal, or medic…
Neb. Rev. Stat. § 43-161 Client records; maintained by Department of Health and Human Services; access.
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All client records from the Nebraska Industrial Home at Milford shall be maintained by the Department of Health and Human Services as confidential records but shall be accessible as provided by statute or by the rules and regulations of the department.
Neb. Rev. Stat. § 43-1610 Salaries, offices, staff, equipment.
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Salaries, offices, support staff, equipment, furnishings, and supplies for a child support referee shall be provided by the county and state through funds appropriated by the county and state to the district court, separate juvenile court, and county court. If the Supreme Court a…
Neb. Rev. Stat. § 43-1611 Support and paternity matters; protection orders; referral or assignment.
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A district court, separate juvenile court, or county court may by rule or order refer or assign any and all matters regarding the establishment, modification, enforcement, and collection of child, spousal, or medical support, paternity matters, and domestic abuse protection order…
Neb. Rev. Stat. § 43-1612 Hearing; procedure.
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(1) A hearing before a child support referee shall be conducted in the same manner as a hearing before the district court, separate juvenile court, or county court. A child support referee shall have the power to summon and enforce the attendance of parties and witnesses, adminis…
Neb. Rev. Stat. § 43-1613 Findings and recommendations; exceptions; review by court.
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In any and all cases referred to a child support referee by the district court, separate juvenile court, or county court, the parties shall have the right to take exceptions to the findings and recommendations made by the referee and to have a further hearing before such court fo…
Neb. Rev. Stat. § 43-162 Communication or contact agreement; authorized; approval.
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The prospective adoptive parent or parents and the birth parent or parents of a prospective adoptee may enter into an agreement regarding communication or contact after the adoption between or among the prospective adoptee and his or her birth parent or parents if the prospective…
Neb. Rev. Stat. § 43-163 Guardian ad litem; appointment; order approving agreement; considerations.
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(1) Before approving an agreement under section 43-162, the court shall appoint a guardian ad litem if the prospective adoptee is not already represented by a guardian ad litem, and the guardian ad litem of the prospective adoptee shall represent the best interests of the child c…
Neb. Rev. Stat. § 43-164 Failure to comply with court order; effect.
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Failure to comply with the terms of an order entered pursuant to section 43-163 shall not be grounds for setting aside an adoption decree, for revocation of a written consent to adoption after the consent has been approved by the court, or for revocation of a relinquishment of pa…
Neb. Rev. Stat. § 43-165 Enforcement of order; modification; when.
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An order entered pursuant to section 43-163 may be enforced by a civil action, and the prevailing party may be awarded, as part of the costs of the action, reasonable attorney's fees. The court shall not modify an order issued under such section unless it finds that the modificat…
Neb. Rev. Stat. § 43-166 Communication and contact agreement; authorized; adoptee consent, when required; court approval; enforcement; civil action authorized; monetary award not allowed.
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(1) The adoptive parent or parents and the parent or parents relinquishing a child for adoption may enter into a written agreement to permit continuing communication and contact after the placement of an adoptee between the adoptive parent or parents and the relinquishing parent …
Neb. Rev. Stat. § 43-1701 Act, how cited.
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Sections 43-1701 to 43-1743 shall be known and may be cited as the Income Withholding for Child Support Act.
Neb. Rev. Stat. § 43-1702 Purpose of act.
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It is the intent of the Legislature to encourage the use of all proven techniques for the collection of child, spousal, and medical support and monetary judgments. While income withholding is the preferred technique, other techniques such as liens on property and contempt proceed…
Neb. Rev. Stat. § 43-1703 Definitions, where found.
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For purposes of the Income Withholding for Child Support Act, unless the context otherwise requires, the definitions found in sections 43-1704 to 43-1717 shall be used.
Neb. Rev. Stat. § 43-1704 Authorized attorney, defined.
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Authorized attorney shall mean an attorney (1) employed by the county subject to the approval of the county board, (2) employed by the Department of Health and Human Services, or (3) appointed by the court, who is authorized to investigate and prosecute child, spousal, and medica…
Neb. Rev. Stat. § 43-1705 Child support, defined.
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Child support shall mean support for one or more children.
Neb. Rev. Stat. § 43-1706 Department, defined.
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Department shall mean the Department of Health and Human Services.
Neb. Rev. Stat. § 43-1707 Disposable income, defined.
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Disposable income shall mean that part of the income of any individual remaining after the deduction from such income of any amounts required by law to be withheld, excepting the amounts required to be deducted and withheld pursuant to the Income Withholding for Child Support Act…
Neb. Rev. Stat. § 43-1708 Employee or payee, defined.
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Employee or payee shall mean any person who is compensated by or receives income from an employer or other payor, regardless of how such income is denominated.
Neb. Rev. Stat. § 43-1709 Employer or other payor, defined.
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Employer or other payor shall mean any person, partnership, limited liability company, firm, corporation, association, political subdivision, or department or agency of the state or federal government in possession of income and shall include an obligor if he or she is self-emplo…
Neb. Rev. Stat. § 43-1710 Foreign support order, defined.
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Foreign support order shall mean a support order issued by a court or agency of another jurisdiction.
Neb. Rev. Stat. § 43-1711 Income, defined.
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Income shall mean (1) compensation paid, payable, due, or to be due for personal services, whether denominated as wages, salary, earnings, income, commission, bonus, or otherwise, and shall include any periodic payments pursuant to a pension or a retirement program and dividends,…