reglab/housing_qa huggingface dataset:
NE Code § 43-292.01 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-292.01 - Termination of parental rights; appointment of guardian ad litem; when.

43-292.01.  Termination of parental rights; appointment of guardian ad litem; when.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, for any party. The guardian ad litem shall be paid a reasonable fee set by the court and paid from the general fund of the county.Source  Laws 1998, LB 1041, § 28. Annotations  Where section 43-292(5) is one of multiple statutory grounds alleged to support termination of parental rights, the failure of the trial court to appoint a guardian ad litem for the parent is error, but the error may or may not be prejudicial, depending upon the specific facts of the case. Wayne G. v. Jacqueline W., 288 Neb. 262, 847 N.W.2d 85 (2014). A guardian ad litem appointed for a parent is entitled to participate fully in the proceeding to terminate parental rights. In re Interest of D.S. and T.S., 236 Neb. 413, 461 N.W.2d 415 (1990). Appointment of a guardian ad litem for parents whose parental rights are sought to be terminated under subdivision (5) of section 43-292 is mandatory. Failure to appoint a guardian ad litem to protect the interests of such a parent is plain error which requires that the judgment be reversed. In re Interest of M.M., C.M., and D.M., 230 Neb. 388, 431 N.W.2d 611 (1988). Supreme Court urges appointments of an attorney and of a guardian ad litem be separated. In re Interest of C.W., 226 Neb. 719, 414 N.W.2d 277 (1987). A guardian ad litem appointed for a parent pursuant to this section is entitled to participate fully in the proceeding to terminate parental rights. In re Interest of Emerald C. et al., 19 Neb. App. 608, 810 N.W.2d 750 (2012). Appointment of a guardian ad litem for a parent who is allegedly incompetent because of mental illness or mental deficiency is mandatory, and the failure to appoint a guardian ad litem is plain error which requires reversal of an order terminating the parent's rights. In re Interest of Presten O., 18 Neb. App. 259, 778 N.W.2d 759 (2010).
NE Code § 43-292.03 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-292.03 - Termination of parental rights; state; Department of Health and Human Services; duties.

43-292.03.  Termination of parental rights; state; Department of Health and Human Services; duties.(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 particular case. If there is no exception, the state shall proceed as provided in subsection (1) of section 43-292.02.(2) The Department of Health and Human Services shall submit on a timely basis, to the court in which the petition to place the juvenile in an out-of-home placement was filed and to the county attorney who filed the petition, a list of the name of each juvenile who has been in an out-of-home placement for fifteen or more months of the most recent twenty-two months.Source  Laws 1998, LB 1041, § 30. Annotations  An order entered pursuant to this section referring the matter to the State for filing of a petition to terminate parental rights is not a final, appealable order. In re Interest of Anthony R. et al., 264 Neb. 699, 651 N.W.2d 231 (2002). Failure of the juvenile court to conduct an exception hearing pursuant to this section does not deny a parent due process of law. In re Interest of Clifford M. et al., 261 Neb. 862, 626 N.W.2d 549 (2001).
NE Code § 43-293 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-293 - Termination of parental rights; effect; adoption; consent.

43-293.  Termination of parental rights; effect; adoption; consent.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 to authorize any court having jurisdiction to enter a legal decree of adoption of such juvenile. When the care of such juvenile is awarded to an individual or association and the parental rights have been terminated by the juvenile court, such individual or association may consent, only when authorized by order of such juvenile court, to the legal adoption of such juvenile and no other consent shall be required to authorize any court having jurisdiction to enter a legal decree of adoption of such juvenile. An order terminating the parent-juvenile relationship shall divest the parent and juvenile of all legal rights, privileges, duties, and obligations with respect to each other and the parents shall have no rights of inheritance with respect to such juvenile. The order terminating parental rights shall be final and may be appealed in the same manner as other final judgments of a juvenile court.Source   Laws 1981, LB 346, § 49;   Laws 1996, LB 1044, § 144. Cross References  Adoption of child, substitute consents, see sections 43-105 and 43-906.Annotations  Under the Nebraska Juvenile Code, in order to terminate parental rights, the court must take judicial action. In re Interest of Donald B. & Devin B., 304 Neb. 239, 933 N.W.2d 864 (2019). When parental rights of the surviving parent have been terminated under section 43-295, that parent's parents lack standing to request visitation rights. In re Interest of Ditter, 212 Neb. 855, 326 N.W.2d 675 (1982). According to this section, an order terminating the parent‑juvenile relationship shall divest the parent and juvenile of all legal rights, privileges, duties, and obligations with respect to each other. In re Interest of Stacey D. & Shannon D., 12 Neb. App. 707, 684 N.W.2d 594 (2004).
NE Code § 43-294 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-294 - Termination of parental rights; custodian; rights; obligations.

43-294.  Termination of parental rights; custodian; rights; obligations.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 the armed forces of the United States may be given by a custodian, other than the Department of Health and Human Services, with approval of the juvenile court, or by the department, as to juveniles in its custody, without further court authority. The authority of a custodian appointed by a juvenile court shall terminate when the individual under legal custody reaches nineteen years of age, is legally adopted, or the authority is terminated by order of the juvenile court. When an adoption has been granted by a court of competent jurisdiction as to any such juvenile, such fact shall be reported immediately by such custodian to the juvenile court. If the adoption is denied the jurisdiction over the juvenile shall immediately revert to the court which authorized placement of the juvenile for adoption. Any association or individual receiving the care or custody of any such juvenile shall be subject to visitation or inspection by the Department of Health and Human Services, or any probation officer of such court or any person appointed by the court for such purpose, and the court may at any time require from such association or person a report or reports containing such information or statements as the judge shall deem proper or necessary to be fully advised as to the care, maintenance, and moral and physical training of the juvenile, as well as the standing and ability of such association or individual to care for such juvenile. The custodian so appointed by the court shall have standing as a party in that case to file any pleading or motion, to be heard by the court with regard to such filings, and to be granted any review or relief requested in such filings consistent with Chapter 43, article 2.Source   Laws 1981, LB 346, § 50;   Laws 1984, LB 845, § 32;   Laws 1996, LB 1044, § 145.
NE Code § 43-295 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-295 - Juvenile court; continuing jurisdiction; exception.

43-295.  Juvenile court; continuing jurisdiction; exception.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 at any time it is made to appear to the court that it would be for the best interests of the juvenile to make such change.Source   Laws 1981, LB 346, § 51;   Laws 1985, LB 447, § 27. Annotations  A juvenile court, except where an adjudicated child has been legally adopted, may always order a change in the juvenile's custody or care when the change is in the best interests of the juvenile. In re Interest of Karlie D., 283 Neb. 581, 811 N.W.2d 214 (2012). A separate juvenile court retains jurisdiction to order a temporary change in custody if it is in the child's best interests. In re Interest of Jedidiah P., 267 Neb. 258, 673 N.W.2d 553 (2004). Any order regarding the disposition of a juvenile pending the resolution of an appeal of the adjudication can only be made on a temporary basis upon a finding by the court that such disposition would be in the best interests of the juvenile. In re Interest of Jedidiah P., 267 Neb. 258, 673 N.W.2d 553 (2004). The exercise of a separate juvenile court's jurisdiction pending an appeal must be determined by the facts of each case. Pending an appeal from an adjudication, the juvenile court does not have the power to enter a permanent dispositional order. In re Interest of Jedidiah P., 267 Neb. 258, 673 N.W.2d 553 (2004). When parental rights of the surviving parent have been terminated under this section, that parent's parents lack standing to request visitation rights. In re Interest of Ditter, 212 Neb. 855, 326 N.W.2d 675 (1982). While an appeal is pending, this section provides for the juvenile court's continuing jurisdiction over the custody or care of the child, which includes visitation. In re Interest of Angeleah M. & Ava M., 23 Neb. App. 324, 871 N.W.2d 49 (2015). A juvenile court's commitment of a juvenile to a youth rehabilitation treatment center does not constitute a discharge within the meaning of section 43-247, and therefore, the juvenile court retains jurisdiction. In re Interest of David C., 6 Neb. App. 198, 572 N.W.2d 392 (1997). The continuing jurisdiction of a juvenile court under this section does not include the power to terminate parental rights pending an appeal. In re Interest of Joshua M., et al., 4 Neb. App. 659, 548 N.W.2d 348 (1996).
NE Code § 43-296 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-296 - Associations receiving juveniles; supervision by Department of Health and Human Services; certificate; reports; statements.

43-296.  Associations receiving juveniles; supervision by Department of Health and Human Services; certificate; reports; statements.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 department to pass annually upon the fitness of every such association as may receive or desire to receive juveniles under the provisions of such code. Upon the department being satisfied that such association is competent and has adequate facilities to care for such juveniles, it shall issue to such association a certificate to that effect, which certificate shall continue in force for one year unless sooner revoked by the department. No juvenile shall be committed to any such association which has not received such a certificate within the fifteen months immediately preceding the commitment. The court may at any time require from any association receiving or desiring to receive juveniles under the provisions of the Nebraska Juvenile Code such reports, information, and statements as the judge shall deem proper and necessary for his or her action, and the court shall in no case be required to commit a juvenile to any association whose standing, conduct, or care of juveniles or ability to care for the same is not satisfactory to the court.Source   Laws 1981, LB 346, § 52;   Laws 1985, LB 447, § 28;   Laws 1996, LB 1044, § 146;  Laws 2012, LB1160, § 11;  Laws 2013, LB222, § 6;  Laws 2017, LB417, § 5.  Cross References  Department of Health and Human Services, supervisory powers, see section 43-707.
NE Code § 43-297 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-297 - Juveniles in need of assistance; placement with association or institution; agreements; effect.

43-297.  Juveniles in need of assistance; placement with association or institution; agreements; effect.It shall be lawful for the parent, guardian, or other person having the right to dispose of a juvenile defined in subdivision (3)(a) of section 43-247 to enter into an agreement with any association or institution incorporated under any public or private law of this state or any other state, for the purpose of aiding, caring for, or placing such juveniles in homes and, subject to approval as provided in this section, to surrender such juveniles to such association or institution, to be taken and cared for by such association or institution, or put into a family home. Such agreement may contain any and all proper stipulations to that end and may authorize the association or institution by its attorney or agent to appear in any proceeding for the legal adoption of such juvenile, and consent to such juvenile's adoption; and the order of the court, made upon such consent, shall be binding upon the juvenile and his or her parents or guardian, or other person, the same as if such person were personally in court and consented thereto, whether made party to the proceeding or not. All the publication or notice necessary for the adoption of any such juveniles shall be that the institution or parties having charge of such juveniles by court decree, or to whom a relinquishment of the juvenile was given, shall know that such legal adoption is being made.Source  Laws 1981, LB 346, § 53.
NE Code § 43-298 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-298 - Commitment of juvenile; religious preference considered.

43-298.  Commitment of juvenile; religious preference considered.The court in committing juveniles under the Nebraska Juvenile Code shall place them as far as practicable in the care and custody of some individual holding the same religious belief as the parents of the juvenile or with some association which is controlled by persons of like religious faith of the parents of the juvenile.Source   Laws 1981, LB 346, § 54;   Laws 1985, LB 447, § 29.
NE Code § 43-299 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-299 - Code, how construed.

43-299.  Code, how construed.Nothing in the Nebraska Juvenile Code shall be construed to repeal any portion of the act to aid the youth rehabilitation and treatment centers for juveniles.Source   Laws 1981, LB 346, § 55;   Laws 1985, LB 447, § 30;   Laws 1994, LB 988, § 23.  Cross References  Youth rehabilitation and treatment centers, see section 43-407.
NE Code § 43-2,100 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-2,100 - Department of Health and Human Services; acceptance of juveniles for observation and treatment; authorized.

43-2,100.  Department of Health and Human Services; acceptance of juveniles for observation and treatment; authorized.The Department of Health and Human Services may receive any juvenile for observation and treatment from any public institution other than a state institution or from any private or charitable institution or person having legal custody thereof upon such terms as such department may deem proper.Source   Laws 1981, LB 346, § 56;   Laws 1996, LB 1044, § 147.
NE Code § 43-2,101 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-2,101 - Costs of transporting juvenile to department; payment by county; when.

43-2,101.  Costs of transporting juvenile to department; payment by county; when.Unless otherwise ordered by the court pursuant to section 43-290, each county shall bear all the expenses incident to the transportation of each juvenile from such county to the Department of Health and Human Services, together with such fees and costs as are allowed by law in similar cases. The fees, costs, and expenses shall be paid from the county treasury upon itemized vouchers certified by the judge of the juvenile court.Source   Laws 1981, LB 346, § 57;   Laws 1987, LB 638, § 8;   Laws 1996, LB 1044, § 148.
NE Code § 43-2,106 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-2,106 - Proceeding in county court sitting as juvenile court; jurisdiction; appeals.

43-2,106.  Proceeding in county court sitting as juvenile court; jurisdiction; appeals.When a juvenile court proceeding has been instituted before a county court sitting as a juvenile court, the original jurisdiction of the county court shall continue until the final disposition thereof and no appeal shall stay the enforcement of any order entered in the county court. After appeal has been filed, the appellate court, upon application and hearing, may stay any order, judgment, or decree on appeal if suitable arrangement is made for the care and custody of the juvenile. The county court shall continue to exercise supervision over the juvenile until a hearing is had in the appellate court and the appellate court enters an order making other disposition. If the appellate court adjudges the juvenile to be a juvenile meeting the criteria established in subdivision (1), (2), (3), or (4) of section 43-247, the appellate court shall affirm the disposition made by the county court unless it is shown by clear and convincing evidence that the disposition of the county court is not in the best interest of such juvenile. Upon determination of the appeal, the appellate court shall remand the case to the county court for further proceedings consistent with the determination of the appellate court.Source   Laws 1981, LB 346, § 63;   Laws 1986, LB 529, § 48;   Laws 1989, LB 182, § 17;   Laws 1991, LB 732, § 103;   Laws 1994, LB 1106, § 7.  Annotations Disposition order entered while child's adjudication order pending on appeal went beyond exercise of "supervision" and was outside county court's authority. In re Interest of Andrew H. et al., 5 Neb. App. 716, 564 N.W.2d 611 (1997).
NE Code § 43-2,106.02 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-2,106.02 - Power of court to vacate or modify judgments or orders.

43-2,106.02.  Power of court to vacate or modify judgments or orders.The separate juvenile court and the county court sitting as a juvenile court shall have the power to vacate or modify its own judgments or orders during or after the term at which such judgments or orders were made in the same manner as provided for actions filed in the district court.Source Laws 2006, LB 1115, § 33.Annotations  Courts have the power to vacate or modify their own judgments and orders at any time during the term at which they were pronounced. But this power may not be used to circumvent the Legislature's power to fix the time limit to take an appeal. A court may not vacate an order or judgment and reinstate it at a later date just for the purpose of extending the time for appeal. One exception to this rule against using a court's power to vacate as a tool to extend the time for appeal is where a clerk fails to provide notice of a judgment to a party, thereby impairing the party's ability to appeal. In re Interest of Luz P. et al., 295 Neb. 814, 891 N.W.2d 651 (2017). Juvenile courts have the power to vacate or modify their own judgments and orders during or after the term in which they were made in the same manner as provided for district courts under section 25-2001. In re Interest of Luz P. et al., 295 Neb. 814, 891 N.W.2d 651 (2017).
NE Code § 43-2,106.03 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-2,106.03 - Rehabilitative services; hearing; court order; use.

43-2,106.03.  Rehabilitative services; hearing; court order; use.Any time after the disposition of a juvenile described in subdivision (1), (2), (3)(b), or (4) of section 43-247, upon the motion of any party or the court on its own motion, a hearing may be held regarding the amenability of the juvenile to the rehabilitative services that can be provided under the Nebraska Juvenile Code. The court may enter an order, based upon evidence presented at the hearing, finding that a juvenile is not amenable to rehabilitative services that can be provided under the Nebraska Juvenile Code. The reasons for such a finding shall be stated in the order. Such an order shall be considered by the county attorney in making a future determination under section 43-276 regarding such juvenile and by the court when considering a future transfer motion under section 29-1816 or 43-274 or any future charge or petition regarding such juvenile.Source  Laws 2008, LB1014, § 41;  Laws 2014, LB464, § 24.
NE Code § 43-2,107 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-2,107 - Court; control conduct of a person; notice; hearing; temporary order; violation of order; penalty.

43-2,107.  Court; control conduct of a person; notice; hearing; temporary order; violation of order; penalty.On application of a party or on the court's own motion, the court may restrain or otherwise control the conduct of a person if a petition has been filed under the Nebraska Juvenile Code and the court finds that such conduct is or may be detrimental or harmful to the juvenile. Notice of the application or motion and an opportunity to be heard thereon shall be given to the person against whom such application or motion is directed, except that the court may enter a temporary order restraining or otherwise controlling the conduct of a person for the protection of a juvenile without prior notice if it appears to the court that it is necessary to issue such order forthwith. Such temporary order shall be effective not to exceed ten days and shall not be binding against any person unless he or she has received a copy of such order. Any individual who violates an order restraining or otherwise controlling his or her conduct under this section shall be guilty of a Class II misdemeanor and may be proceeded against as described in sections 42-928 and 42-929.Source   Laws 1981, LB 346, § 62;   Laws 1985, LB 447, § 31;   Laws 1992, LB 1184, § 16.  Annotations Before an order is issued under this section, the juvenile court must accord the person affected due process. This section requires that the person to be restrained or whose conduct is to be controlled receives (1) notice that such an order is requested or contemplated and (2) an opportunity to be heard on the propriety of issuing such an order. The opportunity to be heard, described in this section, means a meaningful opportunity to be heard. In re Interest of G.G. et al., 237 Neb. 306, 465 N.W.2d 752 (1991).