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851 sections in this chapter.
Neb. Rev. Stat. § 43-282 Juvenile court; transfer case and records to court of domicile.
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If a petition alleging a juvenile to be within the jurisdiction of the Nebraska Juvenile Code is filed in a county other than the county where the juvenile is presently living or domiciled, the court, at any time after adjudication and prior to final termination of jurisdiction, …
Neb. Rev. Stat. § 43-283 Dispositional hearing; rules of evidence.
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Strict rules of evidence shall not be applied at any dispositional hearing.
Neb. Rev. Stat. § 43-283.01 Preserve and reunify the family; reasonable efforts; requirements.
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(1) In determining whether reasonable efforts have been made to preserve and reunify the family and in making such reasonable efforts, the juvenile's health and safety are the paramount concern. (2) Except as provided in subsections (4) and (5) of this section, reasonable efforts…
Neb. Rev. Stat. § 43-284 Juvenile in need of assistance or special supervision; care and custody; payments for support; removal from home; restrictions.
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(1) When any juvenile is adjudged to be under subdivision (3), (4), or (8) of section 43-247, the court may permit such juvenile to remain in his or her own home subject to supervision or may make an order committing the juvenile to: (a) The care of some suitable institution; (b)…
Neb. Rev. Stat. § 43-284.01 Juvenile voluntarily relinquished; custody; alternative disposition; effect.
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Any juvenile adjudged to be under subdivision (7) of section 43-247 shall remain in the custody of the Department of Health and Human Services or the licensed child placement agency to whom the juvenile has been relinquished unless the court finds by clear and convincing evidence…
Neb. Rev. Stat. § 43-284.02 Ward of the department; appointment of guardian; payments allowed.
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The Department of Health and Human Services may make payments as needed on behalf of a child who has been a ward of the department after the appointment of a guardian for the child. Such payments to the guardian may include maintenance costs, medical and surgical expenses, and ot…
Neb. Rev. Stat. § 43-285 Care of juvenile; duties; authority; placement plan and report; when; court proceedings; standing; Foster Care Review Office or local foster care review board; participation authorized; immunity.
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(1) When the court awards a juvenile to the care of the Department of Health and Human Services, an association, or an individual in accordance with the Nebraska Juvenile Code, the juvenile shall, unless otherwise ordered, become a ward and be subject to the legal custody and car…
Neb. Rev. Stat. § 43-286 Juvenile violator or juvenile in need of special supervision; disposition; violation of probation, supervision, or court order; procedure; discharge; procedure; notice; hearing; individualized reentry plan.
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(1) When any juvenile is adjudicated to be a juvenile described in subdivision (1), (2), or (4) of section 43-247: (a) The court may continue the dispositional portion of the hearing, from time to time upon such terms and conditions as the court may prescribe, including an order …
Neb. Rev. Stat. § 43-286.01 Juvenile probationers; graduated response; probation officer; duties; powers; county attorney; file action to revoke probation; when.
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(1) For purposes of this section: (a) Comprehensive supervision probationer means a juvenile designated as such under section 43-286.02; (b) Criminal violation means a violation of a condition of probation involving commission of a misdemeanor or felony. Criminal violation does n…
Neb. Rev. Stat. § 43-286.02 Comprehensive supervision probationer; designation; hearing; conditions; services; dual involvement; coordination.
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(1) If a juvenile court decides to place a juvenile on probation, the court shall conduct a hearing to determine whether the juvenile should be designated as a comprehensive supervision probationer. The hearing may be conducted together with the dispositional hearing or following…
Neb. Rev. Stat. § 43-286.03 Expiration of probation; progress report; probation officer; duty; revocation of probation; county attorney; powers; revocation hearing.
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(1) At least thirty calendar days before the expiration of any juvenile's term of probation, the probation officer shall send a progress report to the county attorney and to the juvenile's attorney of record. The progress report shall include all court orders relating to such ter…
Neb. Rev. Stat. § 43-286.04 List of juvenile probationers; Office of Probation Administration; duties.
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On or before the first day of each month, the Office of Probation Administration shall generate a list of all juvenile probationers in each county and provide such list to each law enforcement agency with jurisdiction.
Neb. Rev. Stat. § 43-287 Impoundment of license or permit issued under Motor Vehicle Operator's License Act; other powers of court; copy of abstract to Department of Motor Vehicles; fine for excessive absenteeism from school; not eligible for ignition interlock permit.
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(1) When a juvenile is adjudged to be a juvenile described in subdivision (1), (2), (3)(b), or (4) of section 43-247, the juvenile court may: (a) If such juvenile holds any license or permit issued under the Motor Vehicle Operator's License Act, impound any such license or permit…
Neb. Rev. Stat. § 43-288 Order allowing juvenile to return or remain at home; conditions and requirements.
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If the court's order of disposition permits the juvenile to remain in his or her own home as provided by section 43-284 or 43-286, the court may, as a condition or conditions to the juvenile's continuing to remain in his or her own home, or in cases under such sections when the j…
Neb. Rev. Stat. § 43-289 Juvenile committed; release from confinement upon reaching age of majority; hospital treatment; custody in state institutions; discharge.
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In no case shall a juvenile committed under the terms of the Nebraska Juvenile Code be confined after he or she reaches the age of majority. The court may, when the health or condition of any juvenile adjudged to be within the terms of such code shall require it, cause the juveni…
Neb. Rev. Stat. § 43-290 Costs of care and treatment; payment; procedure.
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It is the purpose of this section to promote parental responsibility and to provide for the most equitable use and availability of public money. Pursuant to a petition filed by a county attorney or city attorney having knowledge of a juvenile in his or her jurisdiction who appear…
Neb. Rev. Stat. § 43-290.01 Costs; payment.
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(1) Payment of costs for juveniles described in or alleged to be described in subdivision (1), (2), (3)(b), or (4) of section 43-247, except as ordered by the court pursuant to section 43-290, shall be paid by: (a) The county for the period of time prior to adjudication, except a…
Neb. Rev. Stat. § 43-291 Termination of parental rights; proceedings.
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Facts may also be set forth in the original petition, a supplemental petition, or motion filed with the court alleging that grounds exist for the termination of parental rights. After a petition, a supplemental petition, or motion has been filed, the court shall cause to be endor…
Neb. Rev. Stat. § 43-292 Termination of parental rights; grounds.
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Except as otherwise provided in the Nebraska Indian Child Welfare Act, the court may terminate all parental rights between the parents or the mother of a juvenile born out of wedlock and such juvenile when the court finds such action to be in the best interests of the juvenile an…
Neb. Rev. Stat. § 43-292.01 Termination of parental rights; appointment of guardian ad litem; when.
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When termination of the parent-juvenile relationship is sought under subdivision (5) of section 43-292, the court shall appoint a guardian ad litem for the alleged incompetent parent. The court may, in any other case, appoint a guardian ad litem, as deemed necessary or desirable,…
Neb. Rev. Stat. § 43-292.02 Termination of parental rights; state; duty to file petition; when.
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(1) Except as otherwise provided in the Nebraska Indian Child Welfare Act, a petition shall be filed on behalf of the state to terminate the parental rights of the juvenile's parents or, if such a petition has been filed by another party, the state shall join as a party to the pe…
Neb. Rev. Stat. § 43-292.03 Termination of parental rights; state; Department of Health and Human Services; duties.
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(1) Within thirty days after the fifteen-month period under subsection (1) of section 43-292.02, the court shall hold a hearing on the record and shall make a determination on the record as to whether there is an exception under subsection (3) of section 43-292.02 in this particu…
Neb. Rev. Stat. § 43-2920 Act, how cited.
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Sections 43-2920 to 43-2943 shall be known and may be cited as the Parenting Act.
Neb. Rev. Stat. § 43-2921 Legislative findings.
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The Legislature finds that it is in the best interests of a child that a parenting plan be developed in any proceeding under Chapter 42 involving custody, parenting time, visitation, or other access with a child and that the parenting plan establish specific individual responsibi…
Neb. Rev. Stat. § 43-2922 Terms, defined.
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For purposes of the Parenting Act: (1) Appropriate means reflective of the developmental abilities of the child taking into account any cultural traditions that are within the boundaries of state and federal law; (2) Approved mediation center means a mediation center approved by …
Neb. Rev. Stat. § 43-2923 Best interests of the child requirements.
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The best interests of the child require: (1) A parenting arrangement and parenting plan or other court-ordered arrangement which provides for a child's safety, emotional growth, health, stability, and physical care and regular and continuous school attendance and progress for sch…
Neb. Rev. Stat. § 43-2924 Applicability of act.
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(1) The Parenting Act shall apply to proceedings or modifications in which parenting functions for a child are at issue: (a) Under Chapter 42, including, but not limited to, proceedings or modification of orders for dissolution of marriage and child custody; (b) Under sections 43…
Neb. Rev. Stat. § 43-2925 Proceeding in which parenting functions for child are at issue; information provided to parties; filing required.
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(1) In any proceeding under Chapter 30 or 43 in which the parenting functions for a child are at issue, except any proceeding under the Revised Uniform Reciprocal Enforcement of Support Act or the Uniform Interstate Family Support Act, subsequent to the initial filing or upon fil…
Neb. Rev. Stat. § 43-2926 State Court Administrator; create information sheet; contents; parenting plan mediation; distribution of information sheet.
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The State Court Administrator shall create an information sheet for parties in a proceeding in which parenting functions for a child are at issue under the Parenting Act that includes information regarding parenting plans, child custody, parenting time, visitation, and other acce…
Neb. Rev. Stat. § 43-2927 Training; screening guidelines and safety procedures; State Court Administrator's office; duties.
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(1) Mediators involved in proceedings under the Parenting Act shall participate in training approved by the State Court Administrator to recognize child abuse or neglect, domestic intimate partner abuse, and unresolved parental conflict and its potential impact upon children and …
Neb. Rev. Stat. § 43-2928 Attendance at basic level parenting education course; delay or waiver; second-level parenting education course; State Court Administrator; duties; costs.
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(1) The court shall order all parties to a proceeding under the Parenting Act to attend a basic level parenting education course. Participation in the course may be delayed or waived by the court for good cause shown. Failure or refusal by any party to participate in such a cours…
Neb. Rev. Stat. § 43-2929 Parenting plan; developed; approved by court; contents.
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(1) In any proceeding in which parenting functions for a child are at issue under Chapter 42, a parenting plan shall be developed and shall be approved by the court. Court rule may provide for the parenting plan to be developed by the parties or their counsel, a court conciliatio…
Neb. Rev. Stat. § 43-293 Termination of parental rights; effect; adoption; consent.
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When the parental rights have been terminated under section 43-292 and the care of the juvenile is awarded to the Department of Health and Human Services, the department shall have authority to consent to the legal adoption of such juvenile and no other consent shall be required …
Neb. Rev. Stat. § 43-2930 Child information affidavit; when required; contents; hearing; temporary parenting order; contents; form; temporary support.
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(1) Each party to a contested proceeding for a temporary order relating to parenting functions or custody, parenting time, visitation, or other access shall offer a child information affidavit as an exhibit at the hearing before the court. The child information affidavit shall be…
Neb. Rev. Stat. § 43-2932 Parenting plan; limitations to protect child or child's parent from harm; effect of court determination; burden of proof.
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(1) When the court is required to develop a parenting plan: (a) If a preponderance of the evidence demonstrates, the court shall determine whether a parent who would otherwise be allocated custody, parenting time, visitation, or other access to the child under a parenting plan: (…
Neb. Rev. Stat. § 43-2933 Registered sex offender; other criminal convictions; limitation on or denial of custody or access to child; presumption; modification of previous order.
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(1)(a) No person shall be granted custody of, or unsupervised parenting time, visitation, or other access with, a child if the person is required to be registered as a sex offender under the Sex Offender Registration Act for an offense that would make it contrary to the best inte…
Neb. Rev. Stat. § 43-2934 Restraining order, protection order, or criminal no-contact order; effect; court findings; court powers and duties.
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(1) Whenever custody, parenting time, visitation, or other access is granted to a parent in a case in which domestic intimate partner abuse is alleged and a restraining order, protection order, or criminal no-contact order has been issued, the custody, parenting time, visitation,…
Neb. Rev. Stat. § 43-2935 Hearing; parenting plan; modification; court powers.
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(1) After a hearing on the record, the court shall determine whether the submitted parenting plan meets all of the requirements of the Parenting Act and is in the best interests of the child. If the parenting plan lacks any of the elements required by the act or is not in the chi…
Neb. Rev. Stat. § 43-2936 Request for mediation, specialized alternative dispute resolution, or other alternative dispute resolution process; information provided to parties.
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An individual party, a guardian ad litem, or a social service agency may request that a custody, parenting time, visitation, other access, or related matter proceed to mediation, specialized alternative dispute resolution, or other alternative dispute resolution process at any ti…
Neb. Rev. Stat. § 43-2937 Court referral to mediation or specialized alternative dispute resolution; temporary relief; specialized alternative dispute resolution rule; approval; mandatory court order; when; waiver.
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(1) In addition to those cases that are mandatorily referred to mediation or specialized alternative dispute resolution under subsection (3) of this section, a court may, at any time in the proceedings upon its own motion or upon the motion of either party, refer a case to mediat…
Neb. Rev. Stat. § 43-2938 Mediator; qualifications; training; approved specialized mediator; requirements.
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(1) A mediator under the Parenting Act may be a court conciliation program counselor, a court conciliation program mediator, an approved mediation center affiliated mediator, a mediator approved by the Office of Dispute Resolution, or an attorney as provided in subsection (4) of …
Neb. Rev. Stat. § 43-2939 Parenting Act mediator; duties; conflict of interest; report of child abuse or neglect; termination of mediation.
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(1) A Parenting Act mediator, including an attorney serving as a parenting plan mediator pursuant to subsection (4) of section 43-2938, prior to meeting with the parties in an initial mediation session, shall provide an individual initial screening session with each party to asse…
Neb. Rev. Stat. § 43-294 Termination of parental rights; custodian; rights; obligations.
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The custodian appointed by a juvenile court shall have charge of the person of the juvenile and the right to make decisions affecting the person of the juvenile, including medical, dental, surgical, or psychiatric treatment, except that consent to a juvenile marrying or joining t…
Neb. Rev. Stat. § 43-2940 Mediation; uniform standards of practice; State Court Administrator; duties; mediation conducted in private.
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(1) Mediation of cases under the Parenting Act shall be governed by uniform standards of practice adopted by the State Court Administrator. In adopting the standards of practice, the State Court Administrator shall consider standards developed by recognized associations of mediat…
Neb. Rev. Stat. § 43-2941 Mediation subject to other laws; claim of privilege; disclosures authorized.
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Mediation of a parenting plan shall be subject to the Uniform Mediation Act and the Dispute Resolution Act, to the extent such acts are not in conflict with the Parenting Act. Unsigned mediated agreements under the Parenting Act are not subject to a claim of privilege under subdi…
Neb. Rev. Stat. § 43-2942 Costs.
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The costs of the mediation process shall be paid by the parties. If the court orders the parties to mediation, the costs to the parties shall be charged according to a sliding fee scale as established by the State Court Administrator.
Neb. Rev. Stat. § 43-2943 Rules; Parenting Act Fund; created; use; investment.
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(1) The State Court Administrator may develop rules to implement the Parenting Act. (2) The Parenting Act Fund is created. The State Court Administrator, through the Office of Dispute Resolution, approved mediation centers, and court conciliation programs, shall use the fund to c…
Neb. Rev. Stat. § 43-295 Juvenile court; continuing jurisdiction; exception.
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Except when the juvenile has been legally adopted, the jurisdiction of the court shall continue over any juvenile brought before the court or committed under the Nebraska Juvenile Code and the court shall have power to order a change in the custody or care of any such juvenile if…
Neb. Rev. Stat. § 43-296 Associations receiving juveniles; supervision by Department of Health and Human Services; certificate; reports; statements.
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All associations receiving juveniles under the Nebraska Juvenile Code shall be subject to the same visitation, inspection, and supervision by the Department of Health and Human Services as are public charitable institutions of this state, and it shall be the duty of the departmen…
Neb. Rev. Stat. § 43-297 Juveniles in need of assistance; placement with association or institution; agreements; effect.
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It shall be lawful for the parent, guardian, or other person having the right to dispose of a juvenile defined in subdivision (3)(a) of section 43-247 to enter into an agreement with any association or institution incorporated under any public or private law of this state or any …