reglab/housing_qa huggingface dataset:
NE Code § 43-104.20 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.20 - Child born out of wedlock; guardian ad litem for biological father; investigation; hearing.

43-104.20.  Child born out of wedlock; guardian ad litem for biological father; investigation; hearing.The guardian ad litem for the biological father shall complete the investigation of the interests of the biological father within twenty days after appointment unless the court finds reasonable cause to extend the time period. The court shall hold a hearing as soon as practicable to determine whether the child was born out of wedlock, to determine the identity of the biological father, if possible, and to determine the rights of the biological father. The court may exercise its contempt powers with respect to any individual who admits having knowledge of information regarding the paternity of the child but who refuses to disclose that information to the guardian ad litem or to the court.Source  Laws 1995, LB 712, § 13.
NE Code § 43-104.21 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.21 - Child born out of wedlock; guardian ad litem for biological father; hearing; notice; when.

43-104.21.  Child born out of wedlock; guardian ad litem for biological father; hearing; notice; when.(1) Notice of the hearing under section 43-104.20 shall be given to every person identified by the guardian ad litem as the biological father or a possible biological father. Notice shall be given in the manner appropriate under the rules of civil procedure for the service of process in this state and in any additional manner that the court directs. Proof of notice shall be filed with the court before the hearing.(2) Notice is not required to be given to a person who may be the father of a child conceived as a result of a sexual assault or incest or if notification is likely to result in a threat to the safety of the biological mother or the child.Source  Laws 1995, LB 712, § 14.
NE Code § 43-104.23 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.23 - Child born out of wedlock; order finalizing adoption without biological father's notification; when; appeal.

43-104.23.  Child born out of wedlock; order finalizing adoption without biological father's notification; when; appeal.If, after viewing the evidence submitted to support a petition to finalize an adoption or any evidence submitted by a guardian ad litem if one is appointed, the court determines that no biological father can be identified, or that no identified father can be notified without likely threat to the safety of the biological mother or the child, or upon a finding of due diligence and substantial compliance with sections 43-104.08 to 43-104.16 and a finding that no biological father has timely filed under section 43-104.02, the court shall enter an order finalizing the adoption of the child. Subject to the disposition of an appeal, upon the expiration of thirty days after an order is issued under this section, the order shall not be reversed, vacated, or modified in any manner or upon any ground including fraud, misrepresentation, or failure to provide notice under sections 43-104.12 to 43-104.14.Source  Laws 1995, LB 712, § 16.
NE Code § 43-104.24 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.24 - Child born out of wedlock; proceedings; court priority.

43-104.24.  Child born out of wedlock; proceedings; court priority.All proceedings pursuant to sections 43-104.08 to 43-104.23 have the highest priority and shall be advanced on the court docket to provide for their earliest practical disposition. An adjournment or continuance of a proceeding pursuant to sections 43-104.08 to 43-104.23 shall not be granted without a showing of good cause.Source  Laws 1995, LB 712, § 17.
NE Code § 43-104.25 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.25 - Child born out of wedlock; biological father; applicability of sections.

43-104.25.  Child born out of wedlock; biological father; applicability of sections.With respect to any person who has been adjudicated by a Nebraska court of competent jurisdiction to be the biological father of a child born out of wedlock who is the subject of a proposed adoption:(1) Such person shall not be construed to be a putative father for purposes of sections 43-104.01 to 43-104.05 and shall not be subject to the provisions of such sections as applied to such fathers; and(2)(a) If the adjudicated biological father has been provided notice in substantial compliance with section 43-104.12 or section 43-104.14, whichever notice is earlier, and he has not executed a valid relinquishment or consent to the adoption, the mother or lawful custodian of the child or his or her agent shall file a motion in the court with jurisdiction of the custody of the child for a hearing to determine whether such father's consent to the adoption is required and whether the court shall give its consent to the adoption;(b) Notice of the motion and hearing shall be served on the adjudicated biological father in the manner provided for service of process under applicable state law; and(c) Within thirty days after service of notice under subdivision (b) of this subdivision, the court shall conduct an evidentiary hearing to determine whether the adjudicated biological father's consent to the adoption is required and whether the court shall give its consent to the adoption. Whether such father's consent is required for the proposed adoption shall be determined pursuant to section 43-104.22.Source Laws 2007, LB247, § 18.
NE Code § 43-106 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-106 - Consents; signature; witnesses; acknowledgment; certified copy of orders.

43-106.  Consents; signature; witnesses; acknowledgment; certified copy of orders.Consents required to be given under sections 43-104 and 43-105, except under subdivision (1)(b) of section 43-104, must be acknowledged before an officer authorized to acknowledge deeds in this state and signed in the presence of at least one witness, in addition to the officer. Consents under subdivision (1)(b) of section 43-104 shall be shown by a duly certified copy of order of the court required to grant such consent.Source   Laws 1943, c. 104, § 4(3), p. 351;   R.S.1943, § 43-106;   Laws 1951, c. 128, § 1, p. 547;   Laws 1965, c. 233, § 1, p. 678;  Laws 2007, LB247, § 20. Annotations  Acknowledgment held valid, no particular form of acknowledgment being specified. Batt v. Nebraska Children's Home Society, 185 Neb. 124, 174 N.W.2d 88 (1970). Consent to adoption must be witnessed and acknowledged. McCauley v. Stewart, 177 Neb. 759, 131 N.W.2d 174 (1964).
NE Code § 43-106.02 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-106.02 - Relinquishment of child; presentation of nonconsent form required.

43-106.02.  Relinquishment of child; presentation of nonconsent form required.Prior to the relinquishment of a child for adoption, a representative of the Department of Health and Human Services or of any child placement agency licensed by the department or an attorney and a witness shall present a copy or copies of the nonconsent form as provided in section 43-146.06 to the relinquishing parent or parents and explain the effects of signing such form.Source   Laws 1988, LB 372, § 3;   Laws 1996, LB 1044, § 112;   Laws 1997, LB 307, § 20.
NE Code § 43-108 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-108 - Personal appearance of parties; exceptions.

43-108.  Personal appearance of parties; exceptions.The minor child to be adopted, unless such child is over fourteen years of age, and the person or persons desiring to adopt the child must appear in person before the judge at the time of hearing, except that when the petitioners are husband and wife and one of them is present in court, the court, in its discretion, may accept the affidavit of an absent spouse who is in the armed forces of the United States and it appears to the court the absent spouse will not be able to be present in court for more than a year because of his or her military assignment, which affidavit sets forth that the absent spouse favors the adoption.Source   Laws 1943, c. 104, § 6, p. 351;   R.S.1943, § 43-108;   Laws 1969, c. 340, § 1, p. 1199;   Laws 1998, LB 1041, § 11.
NE Code § 43-109 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-109 - Decree; conditions; content.

43-109.  Decree; conditions; content.(1) If, upon the hearing, the court finds that such adoption is for the best interests of such minor child or such adult child, a decree of adoption shall be entered. No decree of adoption shall be entered unless (a) it appears that the child has resided with the person or persons petitioning for such adoption for at least six months next preceding the entering of the decree of adoption, except that such residency requirement shall not apply in an adoption of an adult child, (b) the medical histories required by subsection (2) of section 43-107 have been made a part of the court record, (c) the court record includes an affidavit or affidavits signed by the relinquishing biological parent, or parents if both are available, in which it is affirmed that, pursuant to section 43-106.02, prior to the relinquishment of the child for adoption, the relinquishing parent was, or parents if both are available were, (i) presented a copy or copies of the nonconsent form provided for in section 43-146.06 and (ii) given an explanation of the effects of filing or not filing the nonconsent form, and (d) if the child to be adopted is committed to the Department of Health and Human Services, the document required by subsection (3) of section 43-107 is a part of the court record. Subdivisions (b) and (c) of this subsection shall only apply when the relinquishment or consent for an adoption is given on or after September 1, 1988.(2) If the adopted child was born out of wedlock, that fact shall not appear in the decree of adoption.(3) The court may decree such change of name for the adopted child as the petitioner or petitioners may request.Source   Laws 1943, c. 104, § 7, p. 351;   R.S.1943, § 43-109;   Laws 1984, LB 510, § 4;   Laws 1985, LB 255, § 22;   Laws 1988, LB 372, § 2;   Laws 1988, LB 301, § 8;   Laws 1989, LB 231, § 2;  Laws 1999, LB 594, § 19;  Laws 2011, LB94, § 2;  Laws 2012, LB768, § 2. Annotations  The issue of the children's best interests in the context of adoption is within the dominion of the county court. Smith v. Smith, 242 Neb. 812, 497 N.W.2d 44 (1993). A decision as to whether or not to permit adoption is required to be based on the best interests of the child. Nebraska Children's Home Soc. v. Collins, 195 Neb. 531, 239 N.W.2d 258 (1976). Child must reside with adoptive parents at least six months preceding the rendition of decree. Hiatt v. Menendez, 157 Neb. 914, 62 N.W.2d 123 (1954). Decree of adoption should be granted only if it will be for best interests of child. Krell v. Jenkins, 157 Neb. 554, 60 N.W.2d 613 (1953).
NE Code § 43-110 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-110 - Decree; effect as between parties.

43-110.  Decree; effect as between parties.After a decree of adoption is entered, the usual relation of parent and child and all the rights, duties and other legal consequences of the natural relation of child and parent shall thereafter exist between such adopted child and the person or persons adopting such child and his, her or their kindred.Source   Laws 1943, c. 104, § 8, p. 351;   R.S.1943, § 43-110. Annotations  No distinction between adult and minor adoptees will be made for the purposes of this section. Satterfield v. Bonyhady, 233 Neb. 513, 446 N.W.2d 214 (1989). Under the provisions of this section an adopted child, in the absence of specific testamentary directions to the contrary, inherits from the antecedents of an adoptive parent to the same extent as do the adoptive parent's natural children. In re Trust Estate of Darling, 219 Neb. 705, 365 N.W.2d 821 (1985). Habeas corpus petition of natural parents for children who had been in adoptive home over five years was properly dismissed. Syrovatka ex rel. Syrovatka v. Graham, 190 Neb. 355, 208 N.W.2d 281 (1973). The next of kin of adoptive parents have the same right to inherit property from an adoptive child as from a natural child of the adoptive parents. Neil v. Masterson, 187 Neb. 364, 191 N.W.2d 448 (1971).
NE Code § 43-111.01 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-111.01 - Denial of petition; court; powers.

43-111.01.  Denial of petition; court; powers.Except as otherwise provided in the Nebraska Indian Child Welfare Act, if, upon a hearing, the court shall deny a petition for adoption, the court may take custody of the child involved and determine whether or not it is in the best interests of the child to remain in the custody of the proposed adopting parents. The court may also, on its own motion, appoint a legal guardian over the person and property of such minor and make disposition in the best interests of the child without further notice, relinquishments, or consents as may otherwise be required by sections 43-102 to 43-112.Source   Laws 1965, c. 231, § 1, p. 674;   Laws 1971, LB 384, § 1;   Laws 1985, LB 255, § 24.  Cross References  Nebraska Indian Child Welfare Act, see section 43-1501.Annotations Where abandonment is found so as to permit substitute consent to be given, the county court may still refuse to allow the adoption, in which case the parental rights remain intact until a decree of adoption is in fact granted. In re Guardianship of Sain, 211 Neb. 508, 319 N.W.2d 100 (1982).
NE Code § 43-112 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-112 - Decree; appeal.

43-112.  Decree; appeal.An appeal shall be allowed from any final order, judgment, or decree, rendered under the authority of sections 43-101 to 43-115, from the county court to the Court of Appeals in the same manner as an appeal from district court to the Court of Appeals.An appeal may be taken by any party and may also be taken by any person against whom the final judgment or final order may be made or who may be affected thereby. The judgment of the Court of Appeals shall not vacate the judgment of the county court. The judgment of the Court of Appeals shall be certified without cost to the county court for further proceedings consistent with the determination of the Court of Appeals.Source   Laws 1943, c. 104, § 10, p. 352;   R.S.1943, § 43-112;   Laws 1981, LB 42, § 22;   Laws 1995, LB 538, § 8.
NE Code § 43-113 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-113 - Adoption records; access; retention.

43-113.  Adoption records; access; retention.Except as otherwise provided in the Nebraska Indian Child Welfare Act, court adoption records may not be inspected by the public and shall be permanently retained as a preservation duplicate in the manner provided in section 84-1208 or in their original form in accordance with the Records Management Act. No person shall have access to such records except that:(1) Access shall be provided on the order of the judge of the court in which the decree of adoption was entered on good cause shown or as provided in sections 43-138 to 43-140 or 43-146.11 to 43-146.13; or(2) The clerk of the court shall provide three certified copies of the decree of adoption to the parents who have adopted a child born in a foreign country and not then a citizen of the United States within three days after the decree of adoption is entered. A court order is not necessary to obtain these copies. Certified copies shall only be provided upon payment of applicable fees.Source   Laws 1943, c. 104, § 11, p. 352;   R.S.1943, § 43-113;   Laws 1980, LB 992, § 29;   Laws 1985, LB 255, § 25;   Laws 1988, LB 372, § 4;   Laws 1989, LB 229, § 2;   Laws 1997, LB 80, § 1;   Laws 1998, LB 1041, § 12;  Laws 2021, LB355, § 4.   Effective Date: August 28, 2021  Cross References   Birth certificate, adoptive, see sections 71-626 and 71-627.02.  Nebraska Indian Child Welfare Act, see section 43-1501.  Records Management Act, see section 84-1220.  Report of adoption, court required to file, see section 71-626.
NE Code § 43-115 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-115 - Prior adoptions.

43-115.  Prior adoptions.No adoption heretofore lawfully made shall be affected by the enactment of sections 43-101 to 43-115, but such adoptions shall continue in effect and operation according to the terms thereof.Source   Laws 1943, c. 104, § 13, p. 352;   R.S.1943, § 43-115.
NE Code § 43-116 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-116 - Validity of decrees.

43-116.  Validity of decrees.When any court in the State of Nebraska shall (1) have entered of record a decree of adoption prior to August 27, 1949, it shall be conclusively presumed that such adoption and all instruments and proceedings in connection therewith are valid in all respects notwithstanding some defect or defects may appear on the face of the record, or the absence of any record of such court, unless an action shall be brought within two years from August 27, 1949, attacking its validity, or (2) hereafter enter of record such a decree of adoption, it shall in like manner be conclusively presumed that the adoption and all instruments and proceedings in connection therewith are valid in all respects notwithstanding some defect or defects may appear on the face of the record, or the absence of any record of such court, unless an action is brought within two years from the entry of such decree of adoption attacking its validity.Source   Laws 1949, c. 130, § 1, p. 340;   Laws 1998, LB 1041, § 13.  Annotations  Any action to set aside an adoption must be brought under this section. The matter of adoption is statutory, and the manner of procedure and terms are all specifically prescribed and must be followed. In re Adoption of Hemmer, 260 Neb. 827, 619 N.W.2d 848 (2000). All instruments and proceedings connected with adoption are conclusively presumed valid unless decree is attacked within two years. Syrovatka ex rel. Syrovatka v. Graham, 190 Neb. 355, 208 N.W.2d 281 (1973). After two years from entry of decree of adoption, there is conclusive presumption of validity of decree of adoption. Hiatt v. Menendez, 157 Neb. 914, 62 N.W.2d 123 (1954). Natural parents are barred from collaterally challenging the adoption of their natural children once the statutory period of two years had passed for a direct appeal of the adoption order. Syrovatka v. Erlich, 608 F.2d 307 (8th Cir. 1979).
NE Code § 43-117 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-117 - Adoptive parents; assistance; medical assessment of child.

43-117.  Adoptive parents; assistance; medical assessment of child.(1) The Department of Health and Human Services may make payments as needed, after the legal completion of an adoption, on behalf of a child who immediately preceding the adoption was (a) a ward of the department with special needs or (b) the subject of a state-subsidized guardianship. Such payments to adoptive parents may include maintenance costs, medical and surgical expenses, and other costs incidental to the care of the child. Payments for maintenance and medical care shall terminate on or before the child's twentieth birthday.(2) The Department of Health and Human Services shall pay the treatment costs for the care of an adopted minor child which are the result of an illness or condition if within three years after the decree of adoption is entered the child is diagnosed as having a physical or mental illness or condition which predates the adoption and the child was adopted through the department, the department did not inform the adopting parents of such condition prior to the adoption, and the condition is of such nature as to require medical, psychological, or psychiatric treatment and is more extensive than ordinary childhood illness.(3) The Department of Health and Human Services shall conduct a medical assessment of the mental and physical needs of any child to be adopted through the department.Source   Laws 1971, LB 425, § 1;   Laws 1996, LB 1044, § 114;   Laws 1997, LB 788, § 1;  Laws 2009, LB91, § 1.
NE Code § 43-117.01 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-117.01 - Ward of a child placement agency; adoptive parents; assistance.

43-117.01.  Ward of a child placement agency; adoptive parents; assistance.The Department of Health and Human Services may make payments as needed on behalf of a ward of a child placement agency with special needs after the legal completion of the child's adoption as authorized by the federal adoption assistance program, 42 U.S.C. 673. Such payments to adoptive parents may include maintenance costs, medical and surgical expenses, and other costs incidental to the care of the child. Payments for maintenance and medical care shall terminate on or before the child's nineteenth birthday.Source   Laws 1990, LB 1070, § 1;   Laws 1996, LB 1044, § 115.
NE Code § 43-117.02 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-117.02 - Child with special needs; adoptive parents; reimbursement for adoption expenses.

43-117.02.  Child with special needs; adoptive parents; reimbursement for adoption expenses.The Department of Health and Human Services may make a payment of up to two thousand dollars on behalf of a child with special needs after the legal completion of the child's adoption. The payment to the adoptive parents shall be a reimbursement for nonrecurring adoption expenses, including reasonable and necessary adoption fees, court costs, attorney's fees, and other expenses which are directly related to the legal adoption of the child, which are not incurred in violation of law, and which have not been reimbursed from any other source or funds.Source   Laws 1990, LB 1070, § 2;   Laws 1996, LB 1044, § 116.
NE Code § 43-117.03 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-117.03 - Adoption assistance payments; cease; when; exceptions.

43-117.03.  Adoption assistance payments; cease; when; exceptions.Payment of adoption assistance provided for by section 43-117 ceases upon the death of the adoptive parent or parents except (1) in cases in which the adoption assistance agreement provides for assignment to a guardian or conservator or (2) for up to six months pending the appointment of a guardian or conservator if the child is placed in the temporary custody of a family member or other individual.Payment of adoption assistance provided by section 43-117 ceases upon placement of the child with the Department of Health and Human Services or a child placement agency.Source Laws 2012, LB1062, § 2.
NE Code § 43-118 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-118 - Assistance; conditions.

43-118.  Assistance; conditions.All actions of the Department of Health and Human Services under the programs authorized by sections 43-117 to 43-117.03 and 43-118.02 shall be subject to the following criteria:(1) The child so adopted shall have been a child for whom adoption would not have been possible without the financial aid provided for by sections 43-117 to 43-117.03 and 43-118.02; and(2) The department shall adopt and promulgate rules and regulations for the administration of sections 43-117 to 43-118 and 43-118.02.Source   Laws 1971, LB 425, § 2;   Laws 1990, LB 1070, § 3;   Laws 1996, LB 1044, § 117;  Laws 2007, LB296, § 68;  Laws 2012, LB1062, § 3.