Chapter 43 — INFANTS AND JUVENILES
1,209 sections in this chapter.
Neb. Rev. Stat. § 43-3718 Court Appointed Special Advocate Fund; created; termination.
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The Court Appointed Special Advocate Fund is created. The fund terminates on July 1, 2026, and the State Treasurer shall transfer any money in the fund on such date to the General Fund. This section terminates on January 1, 2027.
Repealed. Laws 2026, LB952, § 9.
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[Repealed or reserved.]
Repealed. Laws 2026, LB952, § 9.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-3801 Purpose of sections.
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(1) The purpose of sections 43-3801 to 43-3812 is to protect foreign national minors or minors having multiple nationalities within the State of Nebraska. (2) The Legislature recognizes that: (a) Foreign national minors and minors having multiple nationalities are essential to th…
Neb. Rev. Stat. § 43-3802 Terms, defined.
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For purposes of sections 43-3801 to 43-3812: (1) Agency means the agency in a foreign country charged with ensuring the welfare of minors who are nationals of that country or who have multiple nationalities in that country and the United States; (2) Custodian means the nonparenta…
Neb. Rev. Stat. § 43-3803 Early identification; department; duties.
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The department, in conjunction with the appropriate consulate, shall provide a method of early identification of foreign national minors and minors having multiple nationalities and their families in order to provide services which assure all the protections afforded by all appli…
Neb. Rev. Stat. § 43-3804 Ward of department; department; determination required; information provided to minor and parent or custodian; notify consulate; release of information.
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(1) When a court makes a minor a ward of the department, the department shall determine whether the minor is a foreign national minor or a minor having multiple nationalities. If such minor is a foreign national minor or a minor having multiple nationalities, the department shall…
Neb. Rev. Stat. § 43-3805 Interview by consular representative.
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A consular representative may interview a foreign national minor or minor having multiple nationalities who is a citizen of the country represented by the consulate. The consular representative shall contact the department to arrange for an interview of a foreign national minor o…
Neb. Rev. Stat. § 43-3806 Ward of department; special immigrant juvenile status; documentation.
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If a court makes a foreign national minor or a minor having multiple nationalities a ward of the department and the minor has become eligible for special immigrant juvenile status as defined in 8 U.S.C. 1101(a)(27)(J), the consulate will assist the department in obtaining the nec…
Neb. Rev. Stat. § 43-3807 Minor in custody of department; birth certificate; application.
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The department may obtain a birth certificate from the appropriate country for a foreign national minor or a minor having multiple nationalities in the custody of the department. The department may request the assistance of the consulate in obtaining the necessary documentation t…
Neb. Rev. Stat. § 43-3808 Home studies; other steps to ensure minor's welfare; department; duties.
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(1) Upon notification to a consulate pursuant to section 43-3804, the department shall request that the consulate obtain through the agency the appropriate home studies of potential families in such country who may be involved in the case and forward the information to the depart…
Neb. Rev. Stat. § 43-3809 Court appearance; cooperation of consulate.
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The department will request the cooperation of the appropriate consulate in order to notify a person who resides in a foreign country and is required to appear in a court in this state regarding the case of a foreign national minor or a minor having multiple nationalities.
Neb. Rev. Stat. § 43-3810 Coordination of activities; chief executive officer of the department; duties.
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The chief executive officer of the department or his or her designee shall meet as necessary with consular officials to discuss, clarify, and coordinate activities, ideas and concerns of a high-profile nature, timely media attention, and joint prevention efforts regarding the pro…
Neb. Rev. Stat. § 43-3811 Rules and regulations.
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The department may adopt and promulgate rules and regulations to carry out sections 43-3801 to 43-3810.
Neb. Rev. Stat. § 43-3812 Sections; how construed.
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Nothing in sections 43-3801 to 43-3811 shall be construed as a waiver of immunities to which a consulate and its consular agents are entitled under international law, the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. 1602 et seq., and international treaties in force between…
Neb. Rev. Stat. § 43-3901 Act, how cited.
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Sections 43-3901 to 43-3912 may be cited as the Uniform Child Abduction Prevention Act.
Neb. Rev. Stat. § 43-3902 Definitions.
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For purposes of the Uniform Child Abduction Prevention Act: (1) Abduction means the wrongful removal or wrongful retention of a child; (2) Child means an unemancipated individual who is less than eighteen years of age; (3) Child custody determination means a judgment, decree, or …
Neb. Rev. Stat. § 43-3903 Cooperation and communication among courts.
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Sections 43-1235, 43-1236, and 43-1237 apply to cooperation and communications among courts in proceedings under the Uniform Child Abduction Prevention Act.
Neb. Rev. Stat. § 43-3904 Actions for abduction prevention measures.
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(a) A court on its own motion may order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. (b) A party to a child custody determination or another individual or entity having a ri…
Neb. Rev. Stat. § 43-3905 Jurisdiction.
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(a) A petition under the Uniform Child Abduction Prevention Act may be filed only in a court that has jurisdiction to make a child custody determination with respect to the child at issue under the Uniform Child Custody Jurisdiction and Enforcement Act. (b) A court of this state …
Neb. Rev. Stat. § 43-3906 Contents of petition.
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A petition under the Uniform Child Abduction Prevention Act must be verified and include a copy of any existing child custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in section 43-3907. Subjec…
Neb. Rev. Stat. § 43-3907 Factors to determine risk of abduction.
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(a) In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent: (1) has previously abducted or attempted to abduct the child; (2) has threatened to abduct the child; (3) has recently engaged in …
Neb. Rev. Stat. § 43-3908 Provisions and measures to prevent abduction.
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(a) If a petition is filed under the Uniform Child Abduction Prevention Act, the court may enter an order that must include: (1) the basis for the court's exercise of jurisdiction; (2) the manner in which notice and opportunity to be heard were given to the persons entitled to no…
Neb. Rev. Stat. § 43-3909 Warrant to take physical custody of child.
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(a) If a petition under the Uniform Child Abduction Prevention Act contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child. …
Neb. Rev. Stat. § 43-3910 Duration of abduction prevention order.
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An abduction prevention order remains in effect until the earliest of: (1) the time stated in the order; (2) the emancipation of the child; (3) the child's attaining eighteen years of age; or (4) the time the order is modified, revoked, vacated, or superseded by a court with juri…
Neb. Rev. Stat. § 43-3911 Uniformity of application and construction.
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In applying and construing the Uniform Child Abduction Prevention Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Neb. Rev. Stat. § 43-3912 Relation to federal Electronic Signatures in Global and National Commerce Act.
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The Uniform Child Abduction Prevention Act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of such act, 15 U.S.C. 7001(c), of such act or author…
Repealed. Laws 2026, LB905, § 69.
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[Repealed or reserved.]
Repealed. Laws 2020, LB1188, § 21.
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[Repealed or reserved.]
Repealed. Laws 2025, LB346, § 73.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-401 Act, how cited.
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Sections 43-401 to 43-431 shall be known and may be cited as the Health and Human Services, Office of Juvenile Services Act.
Neb. Rev. Stat. § 43-402 Legislative intent; juvenile justice system; goal.
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It is the intent of the Legislature that the juvenile justice system provide individualized accountability and individualized treatment for juveniles in a manner consistent with public safety to those juveniles who violate the law. The juvenile justice system shall also promote p…
Neb. Rev. Stat. § 43-403 Terms, defined.
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For purposes of the Health and Human Services, Office of Juvenile Services Act: (1) Aftercare means the control, supervision, and care exercised over juveniles who have been discharged from commitment; (2) Committed means an order by a court committing a juvenile to the care and …
Neb. Rev. Stat. § 43-404 Office of Juvenile Services; created; powers and duties.
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There is created within the Department of Health and Human Services the Office of Juvenile Services. The office shall have oversight and control of the youth rehabilitation and treatment centers. The Administrator of the Office of Juvenile Services shall be appointed by the chief…
Neb. Rev. Stat. § 43-405 Office of Juvenile Services; administrative duties.
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The administrative duties of the Office of Juvenile Services are to: (1) Manage, establish policies for, and administer the office, including all facilities and programs operated by the office or provided through the office by contract with a provider; (2) Supervise employees of …
Neb. Rev. Stat. § 43-406 Office of Juvenile Services; individualized treatment plan; case classification and management; requirements.
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The Office of Juvenile Services shall utilize: (1) Evidence-based and validated risk and needs assessment instruments for use in determining the individualized treatment plan for each juvenile committed to the office; (2) A case classification process to include levels of treatme…
Neb. Rev. Stat. § 43-407 Office of Juvenile Services; programs and treatment services; individualized treatment plan; placement; procedure; case management and coordination process; funding utilization; intent; evidence-based services, policies, practices, and procedures; report; contents; Executive Board of Legislative Council; powers.
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(1) The Office of Juvenile Services shall design and make available programs and treatment services through youth rehabilitation and treatment centers. The programs and treatment services shall be evidence-based and based upon the individual or family evaluation process using evi…
Neb. Rev. Stat. § 43-408 Office of Juvenile Services; committing court; powers and duties; commitment review; hearing; immediate change of placement; procedure; annual review of commitment and placement; review status; when.
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(1) Whenever any juvenile is committed to the Office of Juvenile Services, the juvenile shall also be considered committed to the care and custody of the Department of Health and Human Services for the purpose of obtaining health care and treatment services. (2) The committing co…
Neb. Rev. Stat. § 43-409 Office of Juvenile Services; access to records; immunity.
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The Office of Juvenile Services shall have access to and may obtain copies of all records pertaining to a juvenile committed to it or placed with it, including, but not limited to, school records, medical records, juvenile court records, probation records, test results, treatment…
Neb. Rev. Stat. § 43-410 Juvenile absconding; authority to apprehend.
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(1) Any peace officer or direct care staff member of the Office of Juvenile Services has the authority to apprehend and detain a juvenile who has absconded or is attempting to abscond from commitment to the Office of Juvenile Services and shall cause the juvenile to be returned t…
Neb. Rev. Stat. § 43-4101 Nebraska Juvenile Service Delivery Project; established; purpose; evaluation; reimbursement for costs; Department of Health and Human Services; duties.
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(1) The Nebraska Juvenile Service Delivery Project shall be established as a pilot program administered by the Office of Probation Administration. The pilot program shall be evaluated by the University of Nebraska Medical Center's College of Public Health. The project may be expa…
Neb. Rev. Stat. § 43-4102 Nebraska Juvenile Service Delivery Project; expansion; funding; information-sharing process; established.
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(1) It is the intent of the Legislature that the Nebraska Juvenile Service Delivery Project, established as a pilot program under section 43-4101 within the Office of Probation Administration, be expanded statewide in a three-step, phase-in process beginning July 1, 2013, with fu…
Neb. Rev. Stat. § 43-411 Detainers for apprehension and detention; authorized; detention; limitations.
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The chief executive officer of the Department of Health and Human Services shall have the authority, and may delegate the authority only to the Administrator of the Office of Juvenile Services and the superintendents of the youth rehabilitation and treatment centers, to issue det…
Neb. Rev. Stat. § 43-412 Commitment to Office of Juvenile Services; discharge of juvenile; effect of discharge; notice of discharge.
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(1) Every juvenile committed to the Office of Juvenile Services pursuant to the Nebraska Juvenile Code shall remain committed until he or she attains the age of nineteen or is legally discharged. (2) Upon attainment of the age of nineteen or absent a continuing order of intensive…
Repealed. Laws 2015, LB 605, § 112.
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[Repealed or reserved.]
Repealed. Laws 2020, LB1188, § 21.
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[Repealed or reserved.]
Repealed. Laws 2020, LB1188, § 21.
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[Repealed or reserved.]
Repealed. Laws 2020, LB1188, § 21.
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[Repealed or reserved.]
Neb. Rev. Stat. § 43-417 Discharge from youth rehabilitation and treatment center; considerations.
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In determining whether to discharge a juvenile from a youth rehabilitation and treatment center, the Office of Juvenile Services shall consider whether (1) the juvenile has completed the goals of his or her individualized treatment plan or received maximum benefit from institutio…
Repealed. Laws 2020, LB1188, § 21.
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[Repealed or reserved.]