Chapter 43 — INFANTS AND JUVENILES
1,209 sections in this chapter.
Neb. Rev. Stat. § 43-2404.01 Comprehensive juvenile services plan; contents; statewide system to evaluate fund recipients; Director of the Community-based Juvenile Services Aid Program; duties.
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(1) To be eligible for participation in either the Commission Grant Program or the Community-based Juvenile Services Aid Program, a comprehensive juvenile services plan shall be developed, adopted, and submitted to the commission in accordance with the federal act and rules and r…
Neb. Rev. Stat. § 43-2404.02 Community-based Juvenile Services Aid Program; created; use; reports.
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(1) There is created a separate and distinct budgetary program within the commission to be known as the Community-based Juvenile Services Aid Program. Funding acquired from participation in the federal act, state General Funds, and funding acquired from other sources which may be…
Neb. Rev. Stat. § 43-2404.03 Legislative intent.
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It is the intent of the Legislature to appropriate five million dollars to the Community-based Juvenile Services Aid Program.
Neb. Rev. Stat. § 43-2405 Grants under Commission Grant Program; application; requirements.
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(1) An eligible applicant may apply to the coalition for a grant under the Commission Grant Program in a manner and form prescribed by the commission for funds made available from the Commission Grant Program or the federal act. The application shall include a comprehensive juven…
Neb. Rev. Stat. § 43-2406 Grants; criteria.
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From amounts appropriated to the commission for the Commission Grant Program or funds available through the federal act, the commission shall award grants on a competitive basis to eligible applicants based upon criteria determined by the commission.
Repealed. Laws 2000, LB 1167, § 56.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-2408 Grants; use.
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(1) Grants provided under the Commission Grant Program may be used for developing programs under the Juvenile Services Act. (2) No grants from the Commission Grant Program shall be used to acquire, develop, build, or improve local correctional facilities.
Neb. Rev. Stat. § 43-2409 Eligible applicants; performance review; commission; powers; use of grants; limitation.
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(1) The coalition shall review periodically the performance of eligible applicants participating under the Commission Grant Program and the federal act to determine if substantial compliance criteria are being met. The commission shall establish criteria for defining substantial …
Repealed. Laws 1981, LB 346, § 88.
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[Repealed or reserved.]
Repealed. Laws 2000, LB 1167, § 56.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-2411 Nebraska Coalition for Juvenile Justice; created; members; terms; expenses; task forces or subcommittee; authorized.
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(1) The Nebraska Coalition for Juvenile Justice is created. Coalition members who are members of the judicial branch of government shall be nonvoting members of the coalition. The coalition members shall be appointed by the Governor and shall include the members required under su…
Neb. Rev. Stat. § 43-2412 Coalition; powers and duties.
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(1) Consistent with the purposes and objectives of the Juvenile Services Act and the federal act, the coalition shall: (a) Make recommendations to the commission on the awarding of grants under the Commission Grant Program to eligible applicants; (b) Prepare at least one report a…
Repealed. Laws 2018, LB670, § 21.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 296, § 815.
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[Repealed or reserved.]
Repealed. Laws 1981, LB 346, § 88.
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[Repealed or reserved.]
Repealed. Laws 1981, LB 346, § 88.
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[Repealed or reserved.]
Repealed. Laws 1981, LB 346, § 88.
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[Repealed or reserved.]
Repealed. Laws 1981, LB 346, § 88.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-245 Terms, defined.
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For purposes of the Nebraska Juvenile Code, unless the context otherwise requires: (1) Abandonment means a parent's intentionally withholding from a child, without just cause or excuse, the parent's presence, care, love, protection, and maintenance and the opportunity for the dis…
Neb. Rev. Stat. § 43-246 Code, how construed.
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Acknowledging the responsibility of the juvenile court to act to preserve the public peace and security, the Nebraska Juvenile Code shall be construed to effectuate the following: (1) To assure the rights of all juveniles to care and protection and a safe and stable living enviro…
Neb. Rev. Stat. § 43-246.01 Juvenile court; exclusive original and concurrent original jurisdiction.
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(1) The juvenile court shall have exclusive original jurisdiction as to: (a) Any juvenile described in subdivision (3) or (11) of section 43-247; (b) Any juvenile who was under sixteen years of age at the time the alleged offense was committed and the offense falls under subdivis…
Neb. Rev. Stat. § 43-246.02 Transfer of jurisdiction to district court; bridge order; criteria; records; modification.
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(1) A juvenile court may terminate its jurisdiction under subdivision (3)(a) of section 43-247 by transferring jurisdiction over the juvenile's custody, physical care, and visitation to the district court through a bridge order, if all of the following criteria are met: (a) The j…
Neb. Rev. Stat. § 43-247 Juvenile court; jurisdiction.
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The juvenile court in each county shall have jurisdiction of: (1) Any juvenile who has committed an act other than a traffic offense which would constitute a misdemeanor or an infraction under the laws of this state, or violation of a city or village ordinance, and who was eleven…
Transferred to section 43-247.03.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-247.02 Juvenile court; placement or commitment of juveniles; restrictions.
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(1) Notwithstanding any other provision of Nebraska law, a juvenile court shall not: (a) Place any juvenile adjudicated or pending adjudication under subdivision (1), (2), (3)(b), or (4) of section 43-247 with the Department of Health and Human Services or the Office of Juvenile …
Neb. Rev. Stat. § 43-247.03 Restorative justice practices; confidential; privileged communications.
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(1) In any juvenile case, the court may provide the parties the opportunity to address issues involving the child's care and placement, services to the family, and other concerns through restorative justice practices. Restorative justice practices may include, but are not limited…
Repealed. Laws 2024, LB1051, § 20.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-248 Temporary custody of juvenile without warrant; when.
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A peace officer may take a juvenile into temporary custody without a warrant or order of the court and proceed as provided in section 43-250 when: (1) A juvenile has violated a state law or municipal ordinance and such juvenile was eleven years of age or older at the time of the …
Neb. Rev. Stat. § 43-248.01 Juvenile in custody; right to call or consult an attorney.
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All law enforcement personnel or other governmental officials having custody of any person under eighteen years of age shall inform the person in custody, using developmentally appropriate language and without unnecessary delay, of such person's right to call or consult an attorn…
Neb. Rev. Stat. § 43-248.02 Juvenile offender civil citation pilot program; peace officer issue civil citation; contents; advisement; peace officer; duties; juvenile report to juvenile assessment center; failure to comply; effect.
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A juvenile offender civil citation pilot program as provided in this section and section 43-248.03 may be undertaken by the peace officers and county and city attorneys of a county containing a city of the metropolitan class. The pilot program shall be according to the following …
Neb. Rev. Stat. § 43-248.03 Civil citation form.
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To achieve uniformity, the Supreme Court shall prescribe the form of a civil citation which conforms to the requirements for a civil citation in section 43-248.02 and such other matter as the court deems appropriate. The civil citation shall not include a place for the cited juve…
Neb. Rev. Stat. § 43-249 Temporary custody; not an arrest; exception.
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No juvenile taken into temporary custody under section 43-248 shall be considered to have been arrested, except for the purpose of determining the validity of such custody under the Constitution of Nebraska or the United States.
Neb. Rev. Stat. § 43-250 Temporary custody; disposition; custody requirements.
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(1) A peace officer who takes a juvenile into temporary custody under section 29-401 or subdivision (1), (2), (3), or (7) of section 43-248 shall immediately take reasonable measures to notify the juvenile's parent, guardian, custodian, or relative and shall proceed as follows: (…
Neb. Rev. Stat. § 43-250.01 Juvenile probationer; custody; notify juvenile intake probation officer.
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If a peace officer takes a juvenile probationer into custody for a criminal violation as defined in section 43-286.01, the peace officer shall immediately take reasonable measures to notify a juvenile intake probation officer.
Neb. Rev. Stat. § 43-2501 Act, how cited.
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Sections 43-2501 to 43-2516 shall be known and may be cited as the Early Intervention Act.
Neb. Rev. Stat. § 43-2502 Legislative intent.
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It is the intent of the Legislature to assist in securing early intervention services to infants or toddlers with disabilities and their families in accordance with the federal early intervention program and whenever possible in concert with the family policy objectives prescribe…
Neb. Rev. Stat. § 43-2502.01 General findings and declarations.
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The Legislature hereby finds and declares that: (1) All families have strengths; (2) families strengthen communities; (3) families are the primary decisionmakers for their children; and (4) all families have needs that change over time and require the support of their communities…
Neb. Rev. Stat. § 43-2502.02 Legislative findings.
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The Legislature further finds that: (1) Many state initiatives for improving or reforming the current service delivery systems for children and their families have been identified and are currently underway within Nebraska; (2) there is a need to facilitate coordination and promo…
Neb. Rev. Stat. § 43-2502.03 Legislative declarations.
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The Legislature declares that it shall be the policy of the State of Nebraska to promote the development of a statewide system of comprehensive, coordinated, family-centered, community-based, and culturally competent services for children and their families to assure that service…
Neb. Rev. Stat. § 43-2502.04 Declaration of policy.
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The Legislature further declares that it shall be the policy of the State of Nebraska, through the implementation of the Early Intervention Act, to promote, facilitate, and support: (1) Healthy families, enhancing the well-being of each family member as well as that of the family…
Neb. Rev. Stat. § 43-2503 Purposes of act.
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The purposes of the Early Intervention Act shall be to: (1) Develop and implement a statewide system of comprehensive, coordinated, family-centered, community-based, and culturally competent early intervention services for infants or toddlers with disabilities and their families …
Repealed. Laws 1993, LB 520, § 31.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-2505 Terms, defined.
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For purposes of the Early Intervention Act: (1) Collaborating agencies means the Department of Health and Human Services and the State Department of Education; (2) Developmental delay has the definition found in section 79-1118.01; (3) Early intervention services may include serv…
Repealed. Laws 2000, LB 1135, § 34.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-2507 Collaborating agency; statewide system; components; duties; sharing information and data.
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(1) Planning for early intervention services shall be the responsibility of each collaborating agency. The planning shall address a statewide system of comprehensive, coordinated, family-centered, community-based, and culturally competent early intervention services to all eligib…
Neb. Rev. Stat. § 43-2507.01 Eligible infants and toddlers with disabilities; entitlements.
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(1) Infants or toddlers who are referred because of possible disabilities shall be entitled, at no cost to their families, to early identification of eligible infants or toddlers, evaluation and assessment in order to determine eligibility under the Special Education Act, and pro…
Neb. Rev. Stat. § 43-2507.02 State Department of Education; duties.
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The State Department of Education shall maintain its responsibility under the Special Education Act regarding special education and related services and may adopt and promulgate rules and regulations pursuant to section 43-2516 that meet the requirements of subchapter III of the …
Neb. Rev. Stat. § 43-2508 Department of Health and Human Services; duties.
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(1) The Department of Health and Human Services shall be responsible for providing or contracting for services. (2) Whenever possible, the medical assistance program prescribed in the Medical Assistance Act shall be used for payment of services coordination. (3) It is the intent …
Neb. Rev. Stat. § 43-2509 Department of Health and Human Services; duties.
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The Department of Health and Human Services is responsible for incorporating components required under the federal early intervention program into the state plans developed for the Special Supplemental Nutrition Program for Women, Infants, and Children, the Commodity Supplemental…
Neb. Rev. Stat. § 43-251 Preadjudication placement or detention; mental health placement; prohibitions.
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(1) When a juvenile is taken into custody pursuant to sections 43-248 and 43-250, the court or magistrate may take any action for preadjudication placement or detention prescribed in the Nebraska Juvenile Code. (2) Any juvenile taken into custody under the Nebraska Juvenile Code …