Chapter 43 — INFANTS AND JUVENILES
1,209 sections in this chapter.
Neb. Rev. Stat. § 43-4601 Act, how cited.
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Sections 43-4601 to 43-4630 shall be known and may be cited as the Uniform Deployed Parents Custody and Visitation Act.
Neb. Rev. Stat. § 43-4602 Terms, defined.
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In the Uniform Deployed Parents Custody and Visitation Act: (1) Adult means an individual who has attained nineteen years of age or an emancipated minor; (2) Caretaking authority means the right to live with and care for a child on a day-to-day basis. The term includes physical c…
Neb. Rev. Stat. § 43-4603 Remedies for noncompliance.
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In addition to other remedies under the law of this state other than the Uniform Deployed Parents Custody and Visitation Act, if a court finds that a party to a proceeding under the act has acted in bad faith or intentionally failed to comply with the act or a court order issued …
Neb. Rev. Stat. § 43-4604 Jurisdiction.
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(a) A court may issue an order regarding custodial responsibility under the Uniform Deployed Parents Custody and Visitation Act only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. (b) If a court has issued a temporary order regardi…
Neb. Rev. Stat. § 43-4605 Notification required of deploying parent.
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(a) Except as otherwise provided in subsection (d) of this section and subject to subsection (c) of this section, a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably …
Neb. Rev. Stat. § 43-4606 Duty to notify of change of address.
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(a) Except as otherwise provided in subsection (b) of this section, an individual to whom custodial responsibility has been granted during deployment pursuant to sections 43-4608 to 43-4612 or 43-4613 to 43-4623 shall notify the deploying parent and any other individual with cust…
Neb. Rev. Stat. § 43-4607 General consideration in custody proceeding of parent's military service.
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In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of t…
Neb. Rev. Stat. § 43-4608 Form of agreement.
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(a) The parents of a child may enter into a temporary agreement under sections 43-4608 to 43-4612 granting custodial responsibility during deployment. (b) An agreement under subsection (a) of this section must be: (1) in writing; and (2) signed by both parents and any nonparent t…
Neb. Rev. Stat. § 43-4609 Nature of authority created by agreement.
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(a) An agreement under sections 43-4608 to 43-4612 is temporary and terminates pursuant to sections 43-4624 to 43-4627 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under section 43-461…
Neb. Rev. Stat. § 43-4610 Modification of agreement.
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(a) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to sections 43-4608 to 43-4612. (b) If an agreement is modified under subsection (a) of this section before deployment of a deploying parent, the modification mu…
Neb. Rev. Stat. § 43-4611 Power of attorney.
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A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than the Uniform Deployed Parents Custody and Visi…
Neb. Rev. Stat. § 43-4612 Filing agreement or power of attorney with court.
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An agreement or power of attorney under sections 43-4608 to 43-4612 must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power. Th…
Neb. Rev. Stat. § 43-4613 Close and substantial relationship, defined.
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In sections 43-4613 to 43-4623, close and substantial relationship means a relationship in which a significant bond exists between a child and a nonparent.
Neb. Rev. Stat. § 43-4614 Proceeding for temporary custody order.
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(a) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. appendix sections 521 and 522, as the act exis…
Neb. Rev. Stat. § 43-4615 Expedited hearing.
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If a motion to grant custodial responsibility is filed under subsection (b) of section 43-4614 before a deploying parent deploys, the court shall conduct an expedited hearing.
Neb. Rev. Stat. § 43-4616 Testimony by electronic means.
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In a proceeding under sections 43-4613 to 43-4623, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.
Neb. Rev. Stat. § 43-4617 Effect of prior judicial order or agreement.
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In a proceeding for a grant of custodial responsibility pursuant to sections 43-4613 to 43-4623, the following rules apply: (1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the require…
Neb. Rev. Stat. § 43-4618 Grant of caretaking or decisionmaking authority to nonparent.
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(a) On a motion of a deploying parent and in accordance with the laws of this state, other than the Uniform Deployed Parents Custody and Visitation Act, if it is in the best interests of the child, a court may grant caretaking authority to a nonparent who is an adult family membe…
Neb. Rev. Stat. § 43-4619 Grant of limited contact.
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On motion of a deploying parent, and in accordance with the law of this state other than the Uniform Deployed Parents Custody and Visitation Act, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a …
Neb. Rev. Stat. § 43-4620 Nature of authority created by temporary custody order.
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(a) A grant of authority under sections 43-4613 to 43-4623 is temporary and terminates under sections 43-4624 to 43-4627 after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an in…
Neb. Rev. Stat. § 43-4621 Content of temporary custody order.
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(a) An order granting custodial responsibility under sections 43-4613 to 43-4623 must: (1) designate the order as temporary; and (2) identify to the extent feasible the destination, duration, and conditions of the deployment. (b) If applicable, an order for custodial responsibili…
Neb. Rev. Stat. § 43-4622 Order for child support.
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If a court has issued an order granting caretaking authority under sections 43-4613 to 43-4623, or an agreement granting caretaking authority has been executed under sections 43-4608 to 43-4612, the court may enter a temporary order for child support consistent with law of this s…
Neb. Rev. Stat. § 43-4623 Modifying or terminating grant of custodial responsibility to nonparent.
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(a) Except for an order under section 43-4617, except as otherwise provided in subsection (b) of this section, and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. appendix sections 521 and 522, as the act exists on January 1, 2015, on motion of a deploying or other…
Neb. Rev. Stat. § 43-4624 Procedure for terminating temporary grant of custodial responsibility established by agreement.
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(a) At any time after return from deployment, a temporary agreement granting custodial responsibility under sections 43-4608 to 43-4612 may be terminated by an agreement to terminate signed by the deploying parent and the other parent. (b) A temporary agreement under sections 43-…
Neb. Rev. Stat. § 43-4625 Consent procedure for terminating temporary grant of custodial responsibility established by court order.
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At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under sections 43-4613 to 43-4623. After an agreement has been filed, th…
Neb. Rev. Stat. § 43-4626 Visitation before termination of temporary grant of custodial responsibility.
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After a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility established under sections 43-4608 to 43-4612 or 43-4613 to 43-4623 is terminated, the court shall issue a temporary order granting the deploying parent reasonable c…
Neb. Rev. Stat. § 43-4627 Termination by operation of law of temporary grant of custodial responsibility established by court order.
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(a) If an agreement between the parties to terminate a temporary order for custodial responsibility under sections 43-4613 to 43-4623 has not been filed, the order terminates sixty days after the deploying parent gives notice to the other parent and any nonparent granted custodia…
Neb. Rev. Stat. § 43-4628 Uniformity of application and construction.
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In applying and construing the Uniform Deployed Parents Custody and Visitation 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. § 43-4629 Relation to Electronic Signatures in Global and National Commerce Act.
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The Uniform Deployed Parents Custody and Visitation Act modifies, limits, or supersedes the 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 that act, 15 U.S.C. 7001(c), or authorize elec…
Neb. Rev. Stat. § 43-4630 Savings clause.
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The Uniform Deployed Parents Custody and Visitation Act does not affect the validity of a temporary court order concerning custodial responsibility during deployment which was entered before January 1, 2016.
Neb. Rev. Stat. § 43-4701 Act, how cited.
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Sections 43-4701 to 43-4716 shall be known and may be cited as the Nebraska Strengthening Families Act.
Neb. Rev. Stat. § 43-4702 Legislative findings and intent.
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The Legislature finds that every day a parent makes important decisions about his or her child’s participation in activities and that a caregiver for a child in out-of-home care is faced with making the same decisions for a child in his or her care. The Legislature also finds tha…
Neb. Rev. Stat. § 43-4703 Terms, defined.
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For purposes of the Nebraska Strengthening Families Act: (1) Age or developmentally appropriate means activities or items that are generally accepted as suitable for a child of the same chronological age or level of maturity or that are determined to be developmentally appropriat…
Neb. Rev. Stat. § 43-4704 Rights of child; requirements for a driver's license.
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(1) Every child placed by the department in a foster family home or child-care institution shall be entitled to access to reasonable opportunities to participate in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. (2) A child in fos…
Neb. Rev. Stat. § 43-4705 Caregiver; use reasonable and prudent parent standard; considerations.
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Each caregiver shall use the reasonable and prudent parent standard in determining whether to give permission for a child to participate in extracurricular, enrichment, cultural, and social activities. When using the reasonable and prudent parent standard, the caregiver shall con…
Neb. Rev. Stat. § 43-4706 Department; duties; contract requirements; caregiver; duties; written notice posted; normalcy plan; contents; normalcy report; contents.
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(1) The department shall ensure that each foster family home and child-care institution has policies consistent with this section and that such foster family home and child-care institution promote and protect the ability of children to participate in age or developmentally appro…
Neb. Rev. Stat. § 43-4707 Training for foster parents.
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The department shall adopt and promulgate rules and regulations regarding training for foster parents so that foster parents will be prepared adequately with the appropriate knowledge and skills relating to the reasonable and prudent parent standard for the participation of the c…
Neb. Rev. Stat. § 43-4708 Caregiver; liability.
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A caregiver is not liable for harm caused to a child who participates in an activity approved by the caregiver or by a child who participates in an activity approved by a caregiver if the caregiver has acted in accordance with the reasonable and prudent parent standard. This sect…
Neb. Rev. Stat. § 43-4709 Parental rights; consultation with parent; documentation; family team meeting.
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(1) Nothing in the Nebraska Strengthening Families Act or the application of the reasonable and prudent parent standard shall affect the parental rights of a parent whose parental rights have not been terminated pursuant to section 43-292 with respect to his or her child. (2) To …
Neb. Rev. Stat. § 43-4710 Department; report; contents.
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The department shall document in the report pursuant to subsection (3) of section 43-285 the steps the department is taking to ensure that: (1) The child’s caregiver is following the reasonable and prudent parent standard; (2) The child has regular, ongoing opportunities to engag…
Neb. Rev. Stat. § 43-4711 Juvenile court; determination; findings or orders.
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(1) At every dispositional, review, or permanency planning hearing, the juvenile court shall make a determination regarding: (a) The steps the department is taking to ensure the child’s foster family home or child-care institution is following the reasonable and prudent parent st…
Neb. Rev. Stat. § 43-4712 Department; courts; collaboration.
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The department and the courts shall work collaboratively to remove or reduce barriers to a child’s participation in age or developmentally appropriate activities.
Neb. Rev. Stat. § 43-4713 Plan for child; contents; document; copy to child; public posting by child-care institution.
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(1) The plan as provided in subsection (2) of section 43-285 for any child in a foster family home or child-care institution who has attained fourteen years of age shall include: (a) A document that describes the rights of the child with respect to education, health, visitation, …
Neb. Rev. Stat. § 43-4714 Rules and regulations.
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The department shall adopt and promulgate rules and regulations to carry out the Nebraska Strengthening Families Act and shall revoke any rules or regulations inconsistent with the act by October 15, 2017.
Neb. Rev. Stat. § 43-4715 Missing child; department and probation; duties.
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The department and probation shall establish procedures for the immediate dissemination of a current picture and information about a child who is missing from a foster care or out-of-home placement to appropriate third parties, which may include law enforcement agencies or person…
Neb. Rev. Stat. § 43-4716 Nebraska Strengthening Families Act Committee; created; duties; members; term; vacancy; report; contents.
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(1) The Nebraska Strengthening Families Act Committee is created. (2) The Nebraska Strengthening Families Act Committee shall monitor and make recommendations regarding the implementation in Nebraska of the federal Preventing Sex Trafficking and Strengthening Families Act, Public…
Neb. Rev. Stat. § 43-4801 Procedure.
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Sections 43-4801 to 43-4812 provide a procedure for judicial emancipation of a minor.
Neb. Rev. Stat. § 43-4802 Petition authorized.
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A minor who is at least sixteen years of age, who is married or living apart from his or her parents or legal guardian, and who is a legal resident may file a petition in the district court of his or her county of residence for a judgment of emancipation. The petition shall be si…
Neb. Rev. Stat. § 43-4803 Petition; contents.
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A petition for emancipation filed pursuant to section 43-4802 shall state: (1) The name, age, and address of the minor; (2) The names and addresses of the parents of the minor, if known; (3) The name and address of any legal guardian of the minor, if known; (4) If the name or add…
Neb. Rev. Stat. § 43-4804 Hearing.
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Upon the filing of a petition for emancipation, the court shall fix a time for a hearing on the petition. The hearing shall be held not less than forty-five days and not more than sixty days after the filing of such petition unless any party for good cause shown requests a contin…