Chapter 43 — INFANTS AND JUVENILES
1,209 sections in this chapter.
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed. Laws 2007, LB 554, § 49.
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[Repealed or reserved.]
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…
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
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…
Repealed. Laws 2015, LB219, § 35.
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[Repealed or reserved.]
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…
Repealed. Laws 2008, LB 1014, § 81.
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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…