Chapter 43 — INFANTS AND JUVENILES
1,209 sections in this chapter.
Neb. Rev. Stat. § 43-262 Issuance of process; notice in lieu of summons.
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No summons or notice shall be required to be served on any person who shall voluntarily appear before the court and whose appearance is noted on the records thereof. In actions involving a juvenile who may invoke the jurisdiction of the court under the Nebraska Juvenile Code, the…
Neb. Rev. Stat. § 43-2620 Collaboration of activities; duties.
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The Department of Health and Human Services and the State Department of Education shall collaborate in their activities and may: (1) Encourage the development of comprehensive systems of child care programs and early childhood education programs which promote the wholesome growth…
Neb. Rev. Stat. § 43-2620.01 State Board of Education; voluntary accreditation process; rules and regulations.
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The State Board of Education may adopt and promulgate reasonable rules and regulations to establish the voluntary accreditation process referred to in subdivision (10) of section 43-2620.
Neb. Rev. Stat. § 43-2621 Block grant funds; use.
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(1) Funds provided to the State of Nebraska pursuant to the Child Care and Development Block Grant Act of 1990, 42 U.S.C. 9857 et seq., as such act and sections existed on January 1, 2015, shall be used to implement the Quality Child Care Act, except as provided in subsections (3…
Neb. Rev. Stat. § 43-2622 Child Care Grant Fund; established; use; investment.
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The Child Care Grant Fund is hereby established to be administered by the Department of Health and Human Services. The fund shall be used to make grants pursuant to section 43-2624. Any money in the fund available for investment shall be invested by the state investment officer p…
Neb. Rev. Stat. § 43-2623 Appropriation to Child Care Grant Fund; legislative intent.
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The Legislature recognizes that a shortage of quality, affordable, and accessible child care exists to the detriment of families and employers throughout the state. Workers are unable to enter or remain in the work force due to a shortage of child care resources. The high costs o…
Neb. Rev. Stat. § 43-2624 Child care grants.
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The Department of Health and Human Services shall award grants to persons, community-based organizations, or schools needing assistance to start or improve a child care program or needing assistance to provide staff training for a child care program. A recipient of a grant shall …
Neb. Rev. Stat. § 43-2625 Child care grants; rules and regulations.
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The Department of Health and Human Services shall adopt and promulgate rules and regulations setting forth criteria, application procedures, and methods to assure compliance with the criteria for grants to be awarded pursuant to section 43-2624.
Neb. Rev. Stat. § 43-2626 Child Care Capacity Building and Workforce Act, how cited.
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Sections 43-2626 to 43-2639 shall be known and may be cited as the Child Care Capacity Building and Workforce Act.
Neb. Rev. Stat. § 43-2627 Legislative findings.
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The Legislature finds that: (1) There is a lack of licensed child care programs in Nebraska; (2) Providing incentives and support to the child care workforce will help maintain and increase the child care capacity in Nebraska; (3) An increased child care capacity will bolster Neb…
Neb. Rev. Stat. § 43-2628 Terms, defined.
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For purposes of the Child Care Capacity Building and Workforce Act: (1) Capacity means the number of children receiving care or services through an approved program; (2) Community foundation means a tax-exempt, nonprofit, autonomous, nonsectarian, philanthropic institution suppor…
Neb. Rev. Stat. § 43-2629 Child Care Capacity Building and Workforce Grant Program; department; statewide organization; duties.
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(1) The Child Care Capacity Building and Workforce Grant Program is created. (2) The department shall contract with a statewide organization that supports children and families to administer the program, which may include providing technical assistance to any grant recipient. Up …
Neb. Rev. Stat. § 43-263 Issuance of process; summons.
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Upon the filing of the petition, a summons with a copy of the petition attached shall issue requiring the person who has custody of the juvenile or with whom the juvenile may be staying to appear personally and, unless the court orders otherwise, to bring the juvenile before the …
Neb. Rev. Stat. § 43-2630 Grant; application.
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To be eligible to receive a grant under the Child Care Capacity Building and Workforce Grant Program, an eligible recipient shall complete the application form prescribed by the statewide organization and provide for a one-to-one match for the amount of the grant. The eligible re…
Neb. Rev. Stat. § 43-2631 Grant; use.
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A grant recipient under the Child Care Capacity Building and Workforce Grant Program may use the grant to provide financial or other support to: (1) The operation of a licensed child care program; (2) The operation of a license-exempt provider serving children enrolled in child c…
Neb. Rev. Stat. § 43-2632 Grant; match required; procedure.
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(1) Each grant recipient under the Child Care Capacity Building and Workforce Grant Program shall provide the one-to-one match prior to receiving any disbursement of grant proceeds under the program. (2) The department shall specify how a grant recipient may provide proof of a on…
Neb. Rev. Stat. § 43-2633 Grant; repayment.
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(1)(a) If the department determines that a grant recipient used the grant other than as provided in section 43-2631, the department may request the grant recipient to repay such grant and any remaining portion of the grant in the possession of the grant recipient to the departmen…
Neb. Rev. Stat. § 43-2634 Department; report.
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The department shall submit a report to the Legislature electronically on July 1, 2025, and each July 1 thereafter. Each report shall include the following: (1) For each grant awarded under the Child Care Capacity Building and Workforce Grant Program since July 19, 2024, for the …
Neb. Rev. Stat. § 43-2635 Family Child Care Home Grant Program; department; duties; grant; application; use.
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(1) The Family Child Care Home Grant Program is created and shall be administered by the department. (2) The department shall provide grants for new and existing licensed family child care home programs in residential and nonresidential facilities and to create regional facilitat…
Neb. Rev. Stat. § 43-2636 Family Child Care Home Grant Program; department; report; contents.
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The department shall submit a report to the Legislature electronically on July 1, 2025, and each July 1 thereafter. Each report shall include the following: (1) For each grant awarded under the Family Child Care Home Grant Program since July 19, 2024, for the first such report an…
Neb. Rev. Stat. § 43-2637 Child Care Capacity Building and Workforce Cash Fund; created; use; investment.
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(1) The Child Care Capacity Building and Workforce Cash Fund is created. The department shall administer the fund for purposes of the Child Care Capacity Building and Workforce Act. The fund may consist of transfers authorized by the Legislature and any gifts, grants, bequests, o…
Neb. Rev. Stat. § 43-2638 Grants; limitations.
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The total amount of grants awarded under the Child Care Capacity Building and Workforce Act shall be subject to the appropriation of funds from the Child Care Capacity Building and Workforce Cash Fund.
Neb. Rev. Stat. § 43-2639 Rules and regulations.
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The department may adopt and promulgate rules and regulations to administer the Child Care Capacity Building and Workforce Act.
Neb. Rev. Stat. § 43-264 Summons; service.
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If a juvenile court petition is filed that alleges that the juvenile is a juvenile as described in subdivision (1), (2), (3)(b), or (4) of section 43-247, a summons with a copy of the petition attached shall be served as provided in section 43-263 on such juvenile and his or her …
Neb. Rev. Stat. § 43-265 Summons; notice to parent, guardian, or relative required; appointment of guardian ad litem.
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If the person so summoned under section 43-263 is other than a parent or guardian of the juvenile, then the parent or guardian or both, if their residence is known, shall also be notified of the pendency of the case and of the time and place appointed; if there is neither a paren…
Neb. Rev. Stat. § 43-266 Immediate custody of juvenile; when.
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If it appears that the juvenile is in such condition or surroundings that his or her welfare requires that his or her custody be immediately assumed by the court, the court may, by endorsement upon the summons provided under section 43-263, order the officer serving it to take th…
Neb. Rev. Stat. § 43-267 Subpoena; notice of subsequent hearing.
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(1) As provided under sections 43-263 to 43-266, subpoenas may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary. (2) Notice of the time, date, place, and purpose of any juvenile court hearing subsequent to the initia…
Neb. Rev. Stat. § 43-268 Summons, notice, subpoena; manner given; time.
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(1) Service of summons shall be made by the delivery of a copy of the summons to the person summoned or by leaving one at his or her usual place of residence with some person of suitable age and discretion residing therein. (2) Except as provided in section 43-264, notice, when r…
Neb. Rev. Stat. § 43-269 Failure to comply with summons or subpoena; contempt.
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If the person summoned or subpoenaed as provided in sections 43-262 to 43-268 shall without reasonable cause fail to appear and abide the order of the court or bring the juvenile, he or she may be proceeded against as in the case of contempt of court.
Neb. Rev. Stat. § 43-270 Warrant; when issued.
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In case the summons cannot be served or the parties fail to obey the summons and, in any case when it shall be made to appear to the court that such summons would be ineffectual, a warrant may issue on the order of the court, either against the parent or guardian or the person ha…
Neb. Rev. Stat. § 43-2701 Act, how cited.
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Sections 43-2701 to 43-2724 shall be known and may be cited as the Nebraska Uniform Transfers to Minors Act.
Neb. Rev. Stat. § 43-2702 Definitions.
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For purposes of the Nebraska Uniform Transfers to Minors Act: (1) Adult means an individual who has attained the age of twenty-one years; (2) Benefit plan means an employer's plan for the benefit of an employee, member, or partner; (3) Broker means a person lawfully engaged in th…
Neb. Rev. Stat. § 43-2703 Scope and jurisdiction.
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(1) The Nebraska Uniform Transfers to Minors Act applies to a transfer that refers to the Nebraska Uniform Transfers to Minors Act in the designation under subsection (1) of section 43-2710 by which the transfer is made if at the time of the transfer the transferor, the minor, or…
Neb. Rev. Stat. § 43-2704 Nomination of custodian.
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(1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substanc…
Neb. Rev. Stat. § 43-2705 Transfer by gift or exercise of power of appointment.
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A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 43-2710.
Neb. Rev. Stat. § 43-2706 Transfer authorized by will or trust.
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(1) A personal representative or trustee may make an irrevocable transfer pursuant to section 43-2710 to a custodian for the benefit of a minor as authorized in the governing will or trust. (2) If the testator or settlor has nominated a custodian under section 43-2704 to receive …
Neb. Rev. Stat. § 43-2707 Other transfer by fiduciary.
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(1) Subject to subsection (3) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 43-2710, in the absence of a will or under a will or trust that does …
Neb. Rev. Stat. § 43-2708 Transfer by obligor.
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(1) Subject to subsections (2) and (3) of this section, a person not subject to section 43-2706 or 43-2707 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to …
Neb. Rev. Stat. § 43-2709 Receipt for custodial property.
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A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to the Nebraska Uniform Transfers to Minors Act.
Neb. Rev. Stat. § 43-271 Prompt hearing and disposition; detention review hearing.
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(1)(a) A juvenile taken into custody pursuant to sections 43-248, 43-250, and 43-253 shall be brought before the court for adjudication as soon as possible after the petition is filed. On the return of the summons or other process, or mailing of the notice in lieu of summons, or …
Neb. Rev. Stat. § 43-2710 Manner of creating custodial property and effecting transfer; designation of initial custodian; control.
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(1) Custodial property is created and a transfer is made whenever: (a) An uncertificated security or a certificated security in registered form is either: (i) Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance b…
Neb. Rev. Stat. § 43-2711 Single custodianship.
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A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under the Nebraska Uniform Transfers to Minors Act by the same custodian for the benefit of the same minor constitutes a single custodianship.
Neb. Rev. Stat. § 43-2712 Validity and effect of transfer.
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(1) The validity of a transfer made in a manner prescribed in the Nebraska Uniform Transfers to Minors Act is not affected by: (a) Failure of the transferor to comply with subsection (3) of section 43-2710 concerning possession and control; (b) Designation of an ineligible custod…
Neb. Rev. Stat. § 43-2713 Care of custodial property.
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(1) A custodian shall: (a) Take control of custodial property; (b) Register or record title to custodial property if appropriate; and (c) Collect, hold, manage, invest, and reinvest custodial property. (2) In dealing with custodial property, a custodian shall observe the standard…
Neb. Rev. Stat. § 43-2714 Powers of custodian.
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(1) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. (2) This section do…
Neb. Rev. Stat. § 43-2715 Use of custodial property.
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(1) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor without court order and without regard to (a) the duty or ability of the custodian persona…
Neb. Rev. Stat. § 43-2716 Custodian's expenses, compensation, and bond.
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(1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (2) Except for one who is a transferor under section 43-2705, a custodian has a noncumulative election during each calendar year to …
Neb. Rev. Stat. § 43-2717 Exemption of third person from liability.
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A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: (1) The va…
Neb. Rev. Stat. § 43-2718 Liability to third persons.
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(1) A claim based on (a) a contract entered into by a custodian acting in a custodial capacity, (b) an obligation arising from the ownership or control of custodial property, or (c) a tort committed during the custodianship, may be asserted against the custodial property by proce…
Neb. Rev. Stat. § 43-2719 Renunciation, resignation, death, or removal of custodian; designation of successor custodian.
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(1) A person nominated under section 43-2704 or designated under section 43-2710 as custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a t…