Chapter 43 — INFANTS AND JUVENILES
1,209 sections in this chapter.
Neb. Rev. Stat. § 43-272 Right to counsel; appointment; payment; guardian ad litem; appointment; when; duties; standards for guardians ad litem; standards for attorneys who practice in juvenile court.
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(1)(a) In counties having a population of less than one hundred fifty thousand inhabitants: (i) When any juvenile court petition is filed alleging jurisdiction of a juvenile pursuant to subdivision (2) of section 43-247, counsel shall be appointed for such juvenile; and (ii) In a…
Neb. Rev. Stat. § 43-272.01 Guardian ad litem; appointment; powers and duties; consultation; payment of costs; compensation.
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(1) A guardian ad litem as provided for in subsections (2) and (3) of section 43-272 shall be appointed when a child is removed from his or her surroundings pursuant to subdivision (6) or (8) of section 43-248, subsection (5) of section 43-250, or section 43-251. If a county has …
Neb. Rev. Stat. § 43-272.02 Court appointed special advocate volunteer.
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The court may appoint a court appointed special advocate volunteer pursuant to the Court Appointed Special Advocate Act.
Neb. Rev. Stat. § 43-2720 Accounting by and determination of liability of custodian.
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(1) A minor who has attained the age of fourteen years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court (a) for an accounting by the custodian or the cus…
Neb. Rev. Stat. § 43-2721 Termination of custodianship.
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The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of: (1) The minor's attainment of twenty-one years of age with respect to custodial property transferred under section 43-2705 or 43-2706; (2) The m…
Neb. Rev. Stat. § 43-2722 Applicability.
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The Nebraska Uniform Transfers to Minors Act applies to a transfer within the scope of section 43-2703 made after July 15, 1992, if: (1) The transfer purports to have been made under the Nebraska Uniform Gifts to Minors Act or sections 43-2301 to 43-2305 as such act or sections e…
Neb. Rev. Stat. § 43-2723 Effect on existing custodianships.
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(1) Any transfer of custodial property as defined in the Nebraska Uniform Transfers to Minors Act made before July 15, 1992, is validated notwithstanding that there was no specific authority in the Nebraska Uniform Gifts to Minors Act or sections 43-2301 to 43-2305 as such act or…
Neb. Rev. Stat. § 43-2724 Uniformity of application and construction.
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The Nebraska Uniform Transfers to Minors Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the Uniform Transfers to Minors Act among states enacting it.
Neb. Rev. Stat. § 43-273 Appointed counsel and guardians ad litem; fees; allowance.
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(1) Counsel and guardians ad litem appointed outside of the guardian ad litem division as provided in section 43-272 shall apply to the court before which the proceedings were had for fees for services performed. The court upon hearing the application shall fix reasonable fees. T…
Neb. Rev. Stat. § 43-274 County attorney; city attorney; preadjudication powers and duties; petition, pretrial diversion, or restorative justice practice or service; transfer; procedures; appeal; admission, confession, or statement made by juvenile; inadmissible; when.
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(1) The county attorney or city attorney, having knowledge of a juvenile within his or her jurisdiction who appears to be a juvenile described in subdivision (1), (2), (3)(b), or (4) of section 43-247 and taking into consideration the criteria in section 43-276, may proceed as pr…
Neb. Rev. Stat. § 43-275 Petition, complaint, or restorative justice program consent form; filing; time.
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Whenever a juvenile is detained or placed in custody under the provisions of section 43-253, a petition, complaint, or restorative justice program consent form must be filed within forty-eight hours excluding nonjudicial days.
Neb. Rev. Stat. § 43-276 County attorney; city attorney; criminal charge, juvenile court petition, pretrial diversion, restorative justice, or transfer of case; determination; considerations; referral to community-based resources.
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(1) The county attorney or city attorney, in making the determination whether to file a criminal charge, file a juvenile court petition, offer juvenile pretrial diversion or restorative justice, or transfer a case to or from juvenile court, and the juvenile court, county court, o…
Neb. Rev. Stat. § 43-277 Juvenile in custody; adjudication hearing; requirements.
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Except as provided in sections 43-254.01 and 43-277.01 and unless sooner released, a juvenile taken into custody or remaining in custody under sections 43-248, 43-250, 43-253, and 43-254 shall be brought before the juvenile court for an adjudication hearing as soon as possible bu…
Neb. Rev. Stat. § 43-277.01 Mental health hearing; requirements.
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All hearings concerning a juvenile court petition filed pursuant to subdivision (3)(c) of section 43-247 shall be closed to the public except at the request of the juvenile or the juvenile's parent or guardian. Such hearings shall be held in a courtroom or at any convenient and s…
Neb. Rev. Stat. § 43-278 Adjudication hearing; held within ninety days after petition is filed; additional reviews; telephonic or videoconference hearing; authorized.
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Except as provided in sections 43-254.01 and 43-277.01, all cases filed under subdivision (3) of section 43-247 shall have an adjudication hearing not more than ninety days after a petition is filed. Upon a showing of good cause, the court may continue the case beyond the ninety-…
Neb. Rev. Stat. § 43-279 Juvenile violator or juvenile in need of special supervision; rights of parties; proceedings.
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(1) The adjudication portion of hearings shall be conducted before the court without a jury, applying the customary rules of evidence in use in trials without a jury. When the petition alleges the juvenile to be within the provisions of subdivision (1), (2), (3)(b), or (4) of sec…
Neb. Rev. Stat. § 43-279.01 Juvenile in need of assistance or termination of parental rights; rights of parties; appointment of counsel; court; powers; proceedings.
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(1) When the petition alleges the juvenile to be within the provisions of subdivision (3)(a) of section 43-247 or when termination of parental rights is sought pursuant to subdivision (6) of section 43-247 and the parent, custodian, or guardian appears with or without counsel, th…
Neb. Rev. Stat. § 43-280 Adjudication; effect; use of in-court statements.
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No adjudication by the juvenile court upon the status of a juvenile shall be deemed a conviction nor shall the adjudication operate to impose any of the civil disabilities ordinarily resulting from conviction. The adjudication and the evidence given in the court shall not operate…
Repealed. Laws 2001, LB 6, § 1.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 6, § 1.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 6, § 1.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 6, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-281 Adjudication of jurisdiction; evaluation; restrictions on placement; copy of report or evaluation.
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(1) Following an adjudication of jurisdiction and prior to final disposition, the court may provide for evaluation of a juvenile as provided in this section. (2) If the adjudication of jurisdiction is not under subdivision (1), (2), (3)(b), or (4) of section 43-247, the court may…
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…
Repealed. Laws 2010, LB 800, § 40.
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[Repealed or reserved.]
Repealed. Laws 2010, LB 800, § 40.
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[Repealed or reserved.]
Repealed. Laws 2010, LB 800, § 40.
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[Repealed or reserved.]
Repealed. Laws 2010, LB 800, § 40.
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[Repealed or reserved.]
Repealed. Laws 2010, LB 800, § 40.
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[Repealed or reserved.]
Repealed. Laws 2010, LB 800, § 40.
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[Repealed or reserved.]
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…
Repealed. Laws 2007, LB 554, § 49.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 554, § 49.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 554, § 49.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 554, § 49.
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[Repealed or reserved.]