Chapter 43 — INFANTS AND JUVENILES
1,209 sections in this chapter.
Neb. Rev. Stat. § 43-251.01 Juveniles; placements and commitments; restrictions.
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All placements and commitments of juveniles for evaluations or as temporary or final dispositions are subject to the following: (1) No juvenile shall be confined in an adult correctional facility as a disposition of the court; (2) A juvenile who is found to be a juvenile as descr…
Neb. Rev. Stat. § 43-251.02 Referral to clinically credentialed community-based provider.
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A peace officer, upon making contact with a child who is in need of assistance, may refer the child and child's parent or parents or guardian to a clinically credentialed community-based provider for immediate crisis intervention, de-escalation, and respite care services.
Neb. Rev. Stat. § 43-251.03 Limitation on use of restraints; written findings.
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(1) Restraints shall not be used on a juvenile during a juvenile court proceeding and shall be removed prior to the juvenile's appearance before the juvenile court, unless the juvenile court makes a finding of probable cause that: (a) The use of restraints is necessary: (i) To pr…
Neb. Rev. Stat. § 43-2510 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 mental health and developmental disabilities planning responsibilities of the department. The department shall provide technical …
Neb. Rev. Stat. § 43-2511 Statewide billing system; establishment; participation required; implementation and administrative costs; how treated.
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There is hereby established a statewide billing system for accessing federal medicaid funds for special education and related services provided by school districts. The system shall apply to all students verified with disabilities from date of diagnosis to twenty-one years of age…
Neb. Rev. Stat. § 43-2511.01 Statewide services coordination system; development; implementation.
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The lead agencies shall develop and implement a statewide services coordination system for eligible infants or toddlers with disabilities and their families pursuant to the Early Intervention Act. The amount and duration of services coordination shall be based on need, as specifi…
Neb. Rev. Stat. § 43-2512 Interagency planning team; members; duties; Department of Health and Human Services; provide services coordination.
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Each region established pursuant to section 79-1135 shall establish an interagency planning team, which planning team shall include representatives from school districts, social services, health and medical services, parents, and mental health, developmental disabilities, Head St…
Neb. Rev. Stat. § 43-2513 Special grant funds; designation.
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For purposes of the general fund budget of expenditures as defined in section 79-1003, funds received to carry out the services coordination functions or designated as reimbursement for costs associated with the implementation and administration of the billing system pursuant to …
Repealed. Laws 1993, LB 520, § 31.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-2515 Federal medicaid funds; certification; appropriations; legislative intent.
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For years 1993 through 2015, on or before October 1, the Department of Health and Human Services and the State Department of Education shall jointly certify to the budget administrator of the budget division of the Department of Administrative Services the amount of federal medic…
Neb. Rev. Stat. § 43-2516 Rules and regulations.
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The lead agencies shall adopt and promulgate rules and regulations pursuant to the Early Intervention Act.
Neb. Rev. Stat. § 43-252 Fingerprints; when authorized; disposition.
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(1) The fingerprints of any juvenile less than fourteen years of age, who has been taken into custody in the investigation of a suspected unlawful act, shall not be taken unless the consent of any district, county, associate county, associate separate juvenile court, or separate …
Neb. Rev. Stat. § 43-253 Temporary custody; investigation; release; when.
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(1) Upon delivery to the probation officer of a juvenile who has been taken into temporary custody under section 29-401, 43-248, or 43-250, the probation officer shall immediately investigate the situation of the juvenile and the nature and circumstances of the events surrounding…
Neb. Rev. Stat. § 43-254 Placement or detention pending adjudication; restrictions; assessment of costs.
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(1) Pending the adjudication of any case, and subject to subdivision (5) of section 43-251.01, if it appears that the need for placement or further detention exists, the juvenile may be: (a) Placed or detained a reasonable period of time on order of the court in the temporary cus…
Neb. Rev. Stat. § 43-254.01 Temporary mental health placement; evaluation; procedure.
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(1) Any time a juvenile is temporarily placed at a mental health facility pursuant to subsection (6) of section 43-250 or by a court as a juvenile who is mentally ill and dangerous, a mental health professional as defined in section 71-906 shall evaluate the mental condition of t…
Neb. Rev. Stat. § 43-254.02 Temporary detention rules and regulations; Nebraska Commission on Law Enforcement and Criminal Justice; duties.
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The Nebraska Commission on Law Enforcement and Criminal Justice shall adopt, promulgate, and implement rules and regulations to harmonize state and federal law on the temporary detention of juveniles.
Neb. Rev. Stat. § 43-255 Detention or placement; release required; exceptions.
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Whenever a juvenile is detained or placed in an alternative to detention infringing upon the child's liberty interest under section 43-250 or 43-253, the juvenile shall be released unconditionally within forty-eight hours after the detention or placement order or the setting of b…
Neb. Rev. Stat. § 43-256 Continued placement, detention, or alternative to detention; probable cause hearing; release requirements; exceptions.
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(1) When the court enters an order continuing placement, detention, or an alternative to detention infringing upon the juvenile's liberty interest pursuant to section 43-253, upon request of the juvenile, or his or her parent, guardian, or attorney, the court shall hold a hearing…
Neb. Rev. Stat. § 43-257 Unlawful detention or placement; penalty.
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Any person who knowingly holds a juvenile in detention or placement in violation of any of the provisions of section 43-255 or 43-256 shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 43-258 Preadjudication physical and mental evaluation; placement; restrictions; reports; costs.
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(1) Pending the adjudication of any case under the Nebraska Juvenile Code, the court may order the juvenile examined by a physician, surgeon, psychiatrist, duly authorized community mental health service program, or psychologist to aid the court in determining (a) a material alle…
Neb. Rev. Stat. § 43-259 Evaluation; motion for release of juvenile in custody.
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The juvenile, his or her attorney, parent, guardian, or custodian may file a motion to release the juvenile from custody and request a hearing after the initial commitment order for evaluation provided in section 43-258 is entered. Pending the hearing on such application, the juv…
Neb. Rev. Stat. § 43-260 Standardized juvenile detention screening instrument.
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The Office of Probation Administration shall prepare and distribute to probation officers a standardized juvenile detention screening instrument. The types of risk factors to be included as well as the format of this standardized juvenile detention screening instrument shall be d…
Neb. Rev. Stat. § 43-260.01 Detention; factors.
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The need for preadjudication placement, services, or supervision and the need for detention of a juvenile and whether detention or an alternative to detention is indicated shall be subject to subdivision (5) of section 43-251.01 and shall be determined as follows: (1) The standar…
Neb. Rev. Stat. § 43-260.02 Juvenile pretrial diversion program; authorized.
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A county attorney may establish a juvenile pretrial diversion program with the concurrence of the county board. If the county is part of a multicounty juvenile services plan under the Nebraska County Juvenile Services Plan Act, the county attorney may establish a juvenile pretria…
Neb. Rev. Stat. § 43-260.03 Juvenile pretrial diversion program; goals.
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The goals of a juvenile pretrial diversion program are: (1) To provide eligible juvenile offenders with an alternative program in lieu of adjudication through the juvenile court; (2) To reduce recidivism among diverted juvenile offenders; (3) To reduce the costs and caseload burd…
Neb. Rev. Stat. § 43-260.04 Juvenile pretrial diversion program; requirements.
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A juvenile pretrial diversion program shall: (1) Be an option available for the county attorney or city attorney based upon his or her determination under this subdivision. The county attorney or city attorney may use the following information: (a) The juvenile's age; (b) The nat…
Neb. Rev. Stat. § 43-260.05 Juvenile pretrial diversion program; optional services.
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A juvenile pretrial diversion program may: (1) Provide screening services to the court and county attorney or city attorney to help identify likely candidates for the program; (2) Establish goals for diverted juvenile offenders and monitor performance of the goals; (3) Coordinate…
Neb. Rev. Stat. § 43-260.06 Juvenile diversion agreement; contents.
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A juvenile diversion agreement shall include, but not be limited to, one or more of the following: (1) A letter of apology; (2) Community service, not to be performed during school hours if the juvenile offender is attending school; (3) Restitution; (4) Attendance at educational …
Neb. Rev. Stat. § 43-260.07 Juvenile pretrial diversion program; data; duties.
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(1) On January 30 of each year, every county attorney or city attorney of a county or city which has a juvenile pretrial diversion program shall report to the Director of Juvenile Diversion Programs the information pertaining to the program required by rules and regulations adopt…
Neb. Rev. Stat. § 43-2601 Quality Child Care Act, how cited.
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Sections 43-2601 to 43-2625 shall be known and may be cited as the Quality Child Care Act.
Neb. Rev. Stat. § 43-2602 Legislative intent.
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It is the intent of the Legislature to promote the growth and development of a comprehensive child care system which meets the needs of families in Nebraska by encouraging high-quality, affordable, and accessible child care services that are educationally and developmentally appr…
Neb. Rev. Stat. § 43-2603 Legislative declarations.
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The Legislature declares that it shall be the policy of the State of Nebraska to: (1) Recognize the family as the most important social and economic unit of society and support the central role parents play in raising children. All parents are encouraged to care for and nurture t…
Neb. Rev. Stat. § 43-2604 Legislative findings and priorities.
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The Legislature finds that since the majority of children of prekindergarten age will continue to be served in private child care settings and programs, an investment of public resources in upgrading the training levels of staff will be an investment in all the children of the st…
Neb. Rev. Stat. § 43-2605 Terms, defined.
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For purposes of the Quality Child Care Act: (1) Child care shall mean the care and supervision of children in lieu of parental care and supervision and shall include programs; and (2) Programs shall mean the programs listed in subdivision (2) of section 71-1910.
Neb. Rev. Stat. § 43-2606 Providers of child care and school-age-care programs; training requirements; use of Nebraska Early Childhood Professional Record System.
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(1) The Department of Health and Human Services shall adopt and promulgate rules and regulations for mandatory training requirements for providers of child care and school-age-care programs. Such requirements shall include preservice orientation and at least four hours of annual …
Neb. Rev. Stat. § 43-2607 Early Childhood Program Training Fund; created; use; investment; contracts authorized.
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There is hereby created the Early Childhood Program Training Fund. The fund shall be administered by the State Department of Education and shall be used to enhance, provide, and coordinate training for providers of programs. Emphasis shall be placed on the coordination of and dis…
Neb. Rev. Stat. § 43-2608 Toll-free hotline for providers; established.
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The Department of Health and Human Services shall establish a statewide toll-free hotline to provide immediate responses to the needs of providers of programs. Such hotline may be operated by the department, or the department may contract with a state agency or with any other pub…
Neb. Rev. Stat. § 43-2609 Family child care homes; voluntary registration; department; powers and duties; payments; restricted.
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(1) The Legislature finds that a system of voluntary registration would provide a mechanism for participation in the food programs offered by the United States Department of Agriculture, for eligibility to receive funds under the federal Child Care Subsidy program, for support an…
Neb. Rev. Stat. § 43-261 Juvenile court petition; contents; filing.
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(1)(a) A juvenile court petition and all subsequent proceedings shall be entitled In the Interest of ........................., a Juvenile, inserting the juvenile's name in the blank. The written petition shall be signed by the county attorney, specify which subdivision of sectio…
Neb. Rev. Stat. § 43-261.01 Juvenile court petition; felony or crime of domestic violence; court provide explanation of firearm possession consequences.
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(1) When the petition alleges the juvenile committed an act which would constitute a felony or an act which would constitute a misdemeanor crime of domestic violence, the court shall explain the specific legal consequences that an adjudication for such an act will have on the juv…
Repealed. Laws 2000, LB 1135, § 34.
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[Repealed or reserved.]
Repealed. Laws 2000, LB 1135, § 34.
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[Repealed or reserved.]
Repealed. Laws 2000, LB 1135, § 34.
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[Repealed or reserved.]
Repealed. Laws 2000, LB 1135, § 34.
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[Repealed or reserved.]
Repealed. Laws 2000, LB 1135, § 34.
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[Repealed or reserved.]
Repealed. Laws 2000, LB 1135, § 34.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-2616 Family child care home; location.
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Notwithstanding any other provision of law, including section 71-1914, family child care homes licensed by the Department of Health and Human Services pursuant to section 71-1911 or by a city, village, or county pursuant to subsection (2) of section 71-1914 may be established and…
Neb. Rev. Stat. § 43-2617 Program provider; communicable disease; notice to parents.
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A provider of a program shall notify the parents of enrolled children of the outbreak of any communicable disease in any child in the program on the same day the provider is informed of or observes the outbreak. The Department of Health and Human Services shall develop appropriat…
Neb. Rev. Stat. § 43-2618 Family child care homes; inspections.
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All family child care homes which are registered pursuant to section 43-2609 shall be inspected within sixty days of registration. All family child care homes registered under section 43-2609 shall be inspected at least every two years after the initial inspection. It is the inte…
Neb. Rev. Stat. § 43-2619 Office for child development and early childhood education services.
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There is hereby created within the State Department of Education an office for child development and early childhood education services.