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851 sections in this chapter.
Neb. Rev. Stat. § 43-2,108.01 Sealing of records; juveniles eligible.
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(1) Sections 43-2,108.01 to 43-2,108.05 apply only to persons who were under the age of eighteen years when the offense took place and, after being taken into custody, arrested, cited in lieu of arrest, or referred for prosecution without citation, the county attorney or city att…
Neb. Rev. Stat. § 43-2,108.02 Sealing of records; notice to juvenile; contents.
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(1) By January 1, 2020, the Supreme Court shall promulgate a written notice that: (a) States in developmentally appropriate language that, for a juvenile described in section 43-2,108.01, the juvenile's record will be automatically sealed if (i) no charges are filed as a result o…
Neb. Rev. Stat. § 43-2,108.03 Sealing of records; county attorney or city attorney; duties; motion to seal record authorized.
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(1)(a) If a juvenile described in section 43-2,108.01 was taken into custody, arrested, cited in lieu of arrest, or referred for prosecution without citation but no juvenile petition or criminal complaint was filed against the juvenile with respect to the arrest or custody, the c…
Neb. Rev. Stat. § 43-2,108.04 Sealing of records; notification of proceedings; order of court; hearing; notice; findings; considerations.
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(1) When a proceeding to seal the record is initiated, the court shall promptly notify the county attorney or city attorney involved in the case that is the subject of the proceeding to seal the record of the proceedings, and shall promptly notify the Department of Health and Hum…
Neb. Rev. Stat. § 43-2,108.05 Sealing of record; court; duties; effect; inspection of records; prohibited acts; violation; contempt of court.
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(1) If the court orders the record of a juvenile sealed, the court shall: (a) Order that all records, including any information or other data concerning any proceedings relating to the offense, including the arrest, taking into custody, petition, complaint, indictment, informatio…
Neb. Rev. Stat. § 43-2,109 County board of visitors; appointment; duties; reports; expenses.
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In each county the judge presiding over the juvenile court may appoint a board of four reputable residents, who shall serve without compensation, to constitute a board of visitation whose duty it shall be to visit at least once a year all institutions, societies, and associations…
Neb. Rev. Stat. § 43-2,110 Detention homes; power of county boards to provide.
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The several county boards of counties of Nebraska shall have the power and authority to appropriate the funds necessary to establish and maintain detention homes in connection with the juvenile courts of this state.
Neb. Rev. Stat. § 43-2,111 Establishment; when; court of record.
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Each county of this state having a population of seventy-five thousand or more inhabitants shall constitute a separate juvenile court judicial district. There shall be established in each such juvenile court judicial district of this state a separate juvenile court whenever the e…
Neb. Rev. Stat. § 43-2,112 Establishment; petition; election; clerk of county court; duties.
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The question of whether or not there shall be established a separate juvenile court in any county having a population of seventy-five thousand or more inhabitants shall be submitted to the registered voters of any such county at the first statewide general election or at any spec…
Neb. Rev. Stat. § 43-2,113 Rooms and offices; jurisdiction; powers and duties.
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(1) In counties where a separate juvenile court is established, the county board of the county shall provide suitable rooms and offices for the accommodation of the judge of the separate juvenile court and the officers and employees appointed by such judge or by the probation adm…
Neb. Rev. Stat. § 43-2,114 Judge; nomination; appointment; retention; vacancy.
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All judges of separate juvenile courts shall be nominated, appointed, and retained in office in accordance with the provisions of Article V, section 21, of the Constitution of Nebraska. Each of such judges shall hold office until his or her successor is selected and qualified. An…
Neb. Rev. Stat. § 43-2,115 Judge; retention in office; how determined.
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After May 6, 1963, the right of any judge of any separate juvenile court to continue in office for another term shall be determined by the electorate in the manner provided by Article V, section 21, of the Constitution of Nebraska and the laws of this state.
Neb. Rev. Stat. § 43-2,116 Judge; term of office.
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The term of office of judges of any separate juvenile court, who are approved by the electorate, shall be for six years beginning on the first Thursday after the first Tuesday in January following his or her approval by the electorate. Any judge of any separate juvenile court app…
Neb. Rev. Stat. § 43-2,117 Judicial nominating commission; selection; provisions applicable.
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Judicial nominating commissions for the office of judge of the separate juvenile court shall be selected in the manner and subject to all of the terms and provisions of law relating to judicial nominating commissions generally, as provided by the Constitution of Nebraska and the …
Neb. Rev. Stat. § 43-2,118 Judge; qualifications.
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No person shall be eligible to the office of judge of a separate juvenile court unless he or she (1) is thirty years of age, (2) is a citizen of the United States, (3) has been engaged in the practice of law in the State of Nebraska for at least five years, which may include prio…
Neb. Rev. Stat. § 43-2,119 Judges; number; presiding judge.
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(1) The number of judges of the separate juvenile court in counties which have established a separate juvenile court shall be: (a) Two judges in counties having seventy-five thousand inhabitants but less than three hundred thousand inhabitants; (b) Four judges in counties having …
Neb. Rev. Stat. § 43-2,120 Judge; salary; source of payment.
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The salary of a judge of a separate juvenile court shall be as provided in section 24-301.01 and shall be paid out of the General Fund of the state.
Neb. Rev. Stat. § 43-2,121 Judge; salary increase; when effective.
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Sections 24-301.01 and 43-2,120 shall be so interpreted as to effectuate their general purpose to provide, in the public interest, adequate compensation for judges of the separate juvenile courts as soon as such change may become operative under the Constitution of Nebraska.
Neb. Rev. Stat. § 43-2,122 Clerk; no additional compensation; custodian of seal.
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The clerk of the district court in a county having a separate juvenile court shall serve ex officio as clerk of the separate juvenile court. Such clerk shall not receive any additional compensation for performing the duties of such office. He or she shall keep the seal of the cou…
Neb. Rev. Stat. § 43-2,123 Judge; personal staff; appointment; salary.
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Each judge of a separate juvenile court shall appoint his or her own court reporter, bailiff, and other necessary personal staff. Each court reporter shall be well-skilled in the art of stenography and capable of reporting verbatim the oral proceedings had in court. The salaries …
Neb. Rev. Stat. § 43-2,123.01 Probation officers; appointment prohibited.
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Separate juvenile courts shall be prohibited from appointing juvenile probation officers after December 31, 1984.
Neb. Rev. Stat. § 43-2,125 Designation of alternative judge; when authorized.
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Whenever any judge of a separate juvenile court is disabled or disqualified to act in any cause before him or her or is temporarily absent from the county or whenever it would be beneficial to the administration of justice, a judge of the district court may agree to serve as judg…
Neb. Rev. Stat. § 43-2,127 Abolition; petition; election; transfer of dockets.
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After a separate juvenile court has been established, the question of whether it should be abolished shall be submitted to the registered voters of any county having adopted same at the first general state election held not less than four months after the filing with the Secretar…
Neb. Rev. Stat. § 43-2,128 Code, how construed.
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The Nebraska Juvenile Code shall be liberally construed to the end that its purpose may be carried out as provided in section 43-246.
Neb. Rev. Stat. § 43-2,129 Code, how cited.
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Sections 43-245 to 43-2,129 shall be known and may be cited as the Nebraska Juvenile Code.
Neb. Rev. Stat. § 43-2001 Act, how cited.
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Sections 43-2001 to 43-2012 shall be known and may be cited as the Missing Children Identification Act.
Neb. Rev. Stat. § 43-2002 Legislative findings.
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Each year Nebraska children are reported missing. The Legislature is seeking a procedure whereby it can help locate such missing children through school records and birth certificates filed with the schools and the Department of Health and Human Services.
Neb. Rev. Stat. § 43-2003 Terms, defined.
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As used in the Missing Children Identification Act, unless the context otherwise requires: (1) County agency means any agency in a county that records and maintains birth certificates; (2) Department means the Department of Health and Human Services; (3) Missing person means a pe…
Neb. Rev. Stat. § 43-2004 Missing person; notification.
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Upon notification to a local law enforcement agency of the disappearance of a missing person, such agency shall immediately notify the patrol which shall notify the school in which such missing person is enrolled and the department. The department shall notify the county agency i…
Neb. Rev. Stat. § 43-2005 Flagging birth certificate.
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If a missing person was born in Nebraska, the department shall flag such person's birth certificate, and if such person was born in a county where a county agency records and maintains birth certificates, such agency shall also flag the birth certificate in its custody.
Neb. Rev. Stat. § 43-2006 Flagged birth certificate; inquiry and request; how handled.
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(1) If an inquiry is made regarding the flagged birth certificate, the department or county agency shall not furnish any information to such requesting person and shall request the name of the inquirer, address, and any other pertinent information. The department and such county …
Neb. Rev. Stat. § 43-2007 Schools; exempt school; duties.
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(1) Upon notification by the patrol of a missing person, any school in which the missing person is currently or was previously enrolled shall flag the school records of such person in such school's possession. The school shall report immediately any request concerning a flagged r…
Neb. Rev. Stat. § 43-2008 Flag; requirements.
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The flag on such birth certificate or school record shall be large enough so that any personnel looking at such birth certificate or record shall be alerted to the fact that such birth certificate or record is of a missing person.
Neb. Rev. Stat. § 43-2009 Removal of flag.
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Upon notification of recovery of such missing person, the department, the county agency, and any school pursuant to section 43-2007 shall remove the flag from such person's record.
Neb. Rev. Stat. § 43-2010 Local law enforcement agency; duties.
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Any local law enforcement agency notified pursuant to the Missing Children Identification Act of the request for the birth certificate, school record, or other information concerning a missing person shall immediately notify the patrol of such request and shall investigate such m…
Neb. Rev. Stat. § 43-2011 Immunity from liability.
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Any school or any person acting on behalf of a school shall be immune from civil and criminal liability for any acts or omissions which occur as a result of the requirements of the Missing Children Identification Act.
Neb. Rev. Stat. § 43-2012 Department; patrol; adopt rules and regulations.
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The department and the patrol shall adopt and promulgate rules and regulations necessary to carry out their responsibilities under the Missing Children Identification Act.
Neb. Rev. Stat. § 43-2101 Persons under nineteen years of age declared minors; marriage, effect; person eighteen years of age or older; rights and responsibility.
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(1) All persons under nineteen years of age are declared to be minors, but in case any person marries under the age of nineteen years, his or her minority ends. (2) Upon becoming the age of majority, a person is considered an adult and acquires all rights and responsibilities gra…
Neb. Rev. Stat. § 43-2201 Legislative intent.
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It is the intent of the Legislature to: (1) Promote kinship care and lifelong connections through the process of family finding when a child has been removed from the legal custody of the child's parents; (2) Prevent recurrence of abuse, neglect, exploitation, or other maltreatme…
Neb. Rev. Stat. § 43-2202 Terms, defined.
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For purposes of sections 43-2201 to 43-2209: (1) Department means the Department of Health and Human Services; (2) Family finding means the process described in section 43-2203; (3) Family member means: (a) A person related to a child by blood, adoption, or affinity within the fi…
Neb. Rev. Stat. § 43-2203 Pilot project participants; duties.
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The department, its contracted providers of family finding services, and family members of children involved in cases which are part of the pilot project created in section 43-2204 shall participate in family finding. Family finding is the process of engagement, searching, prepar…
Neb. Rev. Stat. § 43-2204 Pilot project; created; department; duties; termination of project.
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A pilot project is created to provide family finding services within at least two service areas. The department shall contract with providers of family finding services to carry out the family finding services pilot project. A provider may contract within multiple service areas. …
Neb. Rev. Stat. § 43-2205 Department; duties; collaboration.
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(1) Under the pilot project created under section 43-2204, the department shall refer a portion of all cases involving children who are wards of the state in foster care or participating in the bridge to independence program as defined in section 43-4503, or both, to providers of…
Neb. Rev. Stat. § 43-2206 Legislative intent.
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It is the intent of the Legislature to appropriate seven hundred fifty thousand dollars from the General Fund for each of fiscal years 2015-16 and 2016-17 and one million five hundred thousand dollars from the General Fund for each of fiscal years 2017-18 and 2018-19 to the depar…
Neb. Rev. Stat. § 43-2207 Data collection system.
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The department shall establish a data collection system and collect data from participating providers annually. Such data shall be divided by service area and shall include (1) the number of participating children and youth, (2) the ages of the participating children and youth, (…
Neb. Rev. Stat. § 43-2208 Independent evaluation of pilot project.
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The department shall contract with an academic institution to complete an independent evaluation of the pilot project created under section 43-2204. The evaluation shall assess the effectiveness of the pilot project in achieving the purposes described in section 43-2201 and the o…
Neb. Rev. Stat. § 43-2209 Rules and regulations.
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The department may adopt and promulgate rules and regulations to carry out sections 43-2201 to 43-2208.
Neb. Rev. Stat. § 43-2401 Act, how cited.
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Sections 43-2401 to 43-2412 shall be known and may be cited as the Juvenile Services Act.
Neb. Rev. Stat. § 43-2402 Terms, defined.
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For purposes of the Juvenile Services Act: (1) Coalition means the Nebraska Coalition for Juvenile Justice established pursuant to section 43-2411; (2) Commission means the Nebraska Commission on Law Enforcement and Criminal Justice; (3) Commission Grant Program means grants prov…
Neb. Rev. Stat. § 43-2403 Legislative findings; purposes of act.
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The Legislature hereby finds that the incarceration of juveniles in adult jails, lockups, and correctional facilities is contrary to the best interests and well-being of juveniles and frequently inconsistent with state and federal law requiring intervention by the least restricti…