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2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-263 - Issuance of process; summons.

43-263.
Issuance of process; summons.
Upon the filing of the petition, a summons with a copy of the petition attached shall issue requiring the person who has custody of the juvenile or with whom the juvenile may be staying to appear personally and, unless the court orders otherwise, to bring the juvenile before the court at the time and place stated. Service of the summons shall be effected not less than seventy-two hours prior to the hearing set therein, except that service may be waived by the parties. Every summons sent shall comply with the Nebraska Indian Child Welfare Act, if applicable.
Source
Laws 1981, LB 346, § 19;
Laws 1985, LB 255, § 33.
Cross References
Nebraska Indian Child Welfare Act, see section 43-1501.
Annotations
When a child’s unmarried but known adjudicated or biological father has provided regular and substantial financial support for his child and the State initiates juvenile proceedings for abuse, neglect, or dependency, due process requires the State to notify the father of the proceedings. In that circumstance, the State must comply with the notification procedures that are statutorily required for other noncustodial parents—before the dispositional phase. This section and section 43-265 cannot be constitutionally applied to avoid this notification. But if the State shows that an unmarried, biological father’s whereabouts are unknown and that he has not supported his child, then he is not a parent entitled to notice and an opportunity to be heard in a juvenile proceeding involving his child born out of wedlock. Michael E. v. State, 286 Neb. 532, 839 N.W.2d 542 (2013).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-264 - Summons; service.

43-264.
Summons; service.
If a juvenile court petition is filed that alleges that the juvenile is a juvenile as described in subdivision (1), (2), (3)(b), or (4) of section 43-247, a summons with a copy of the petition attached shall be served as provided in section 43-263 on such juvenile and his or her parent, guardian, or custodian requiring the juvenile and such parent, guardian, or custodian to appear personally at the time and place stated. When so ordered by the court, personal service shall be obtained upon such juvenile notwithstanding any other provisions of the Nebraska Juvenile Code.
Source
Laws 1981, LB 346, § 20;
Laws 1985, LB 447, § 20;
Laws 2014, LB464, § 15.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-265 - Summons; notice to parent, guardian, or relative required; appointment of guardian ad litem.

43-265.
Summons; notice to parent, guardian, or relative required; appointment of guardian ad litem.
If the person so summoned under section 43-263 is other than a parent or guardian of the juvenile, then the parent or guardian or both, if their residence is known, shall also be notified of the pendency of the case and of the time and place appointed; if there is neither a parent nor guardian, or if his or her residence is not known, then some relative, if there be one and his or her residence is known, shall be notified, except that in any case the court may appoint a guardian ad litem to act in behalf of the juvenile.
Source
Laws 1981, LB 346, § 21;
Laws 2000, LB 1167, § 18.
Annotations
When a child’s unmarried but known adjudicated or biological father has provided regular and substantial financial support for his child and the State initiates juvenile proceedings for abuse, neglect, or dependency, due process requires the State to notify the father of the proceedings. In that circumstance, the State must comply with the notification procedures that are statutorily required for other noncustodial parents—before the dispositional phase. Section 43-263 and this section cannot be constitutionally applied to avoid this notification. But if the State shows that an unmarried, biological father’s whereabouts are unknown and that he has not supported his child, then he is not a parent entitled to notice and an opportunity to be heard in a juvenile proceeding involving his child born out of wedlock. Michael E. v. State, 286 Neb. 532, 839 N.W.2d 542 (2013).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-266 - Immediate custody of juvenile; when.

43-266.
Immediate custody of juvenile; when.
If it appears that the juvenile is in such condition or surroundings that his or her welfare requires that his or her custody be immediately assumed by the court, the court may, by endorsement upon the summons provided under section 43-263, order the officer serving it to take the juvenile into custody at once.
Source
Laws 1981, LB 346, § 22.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-267 - Subpoena; notice of subsequent hearing.

43-267.
Subpoena; notice of subsequent hearing.
(1) As provided under sections 43-263 to 43-266, subpoenas may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary.
(2) Notice of the time, date, place, and purpose of any juvenile court hearing subsequent to the initial hearing, for which a summons or notice has been served or waived, shall be given to all parties either in court, by mail, or in such other manner as the court may direct.
Source
Laws 1981, LB 346, § 23.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-268 - Summons, notice, subpoena; manner given; time.

43-268.
Summons, notice, subpoena; manner given; time.
(1) Service of summons shall be made by the delivery of a copy of the summons to the person summoned or by leaving one at his or her usual place of residence with some person of suitable age and discretion residing therein.
(2) Except as provided in section 43-264, notice, when required, shall be given in the manner provided for service of a summons in a civil action. Any published notice shall simply state that a proceeding concerning the juvenile is pending in the court and that an order making an adjudication and disposition will be entered therein. If the names of one or both parents or the guardian are unknown, he, she, or they may be notified as the parent or parents, or guardian of (naming or describing the juvenile) found (stating address or place where the juvenile was found). Such notice shall be published once each week for three weeks, the last publication of which shall be at least five days before the time of hearing.
(3) Personal or residence service shall be effected at least seventy-two hours before the time set for the hearing, but upon cause shown the court shall grant additional time to prepare for a hearing. A guardian ad litem, one of the parents, the person having custody if there be no guardian ad litem, or the attorney for such juvenile may waive such service for the juvenile, if such juvenile concurs in open court duly noted on the records of the court. Registered or certified mail shall be mailed at least five days before the time of the hearing.
(4) Service of summons, notice, or subpoena may be made by any suitable person under the direction of the court.
Source
Laws 1981, LB 346, § 24;
Laws 1983, LB 447, § 51.
Annotations
Service by publication under this provision can only be made after a reasonably diligent search fails to locate the party to be served. A reasonably diligent search for the purpose of justifying service by publication does not require the use of all possible or conceivable means of discovery, but is such an inquiry as a reasonably prudent person would make in view of the circumstances and must extend to those places where information is likely to be obtained and to those persons who, in the ordinary course of events, would be likely to receive news of or from the absent person. In re Interest of A.W., 224 Neb. 764, 401 N.W.2d 477 (1987).
Notice of an adjudication hearing must be given to the biological father as well as the biological mother of the children. In re Interest of B.J.M. et al., 1 Neb. App. 851, 510 N.W.2d 418 (1993).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-269 - Failure to comply with summons or subpoena; contempt.

43-269.
Failure to comply with summons or subpoena; contempt.
If the person summoned or subpoenaed as provided in sections 43-262 to 43-268 shall without reasonable cause fail to appear and abide the order of the court or bring the juvenile, he or she may be proceeded against as in the case of contempt of court.
Source
Laws 1981, LB 346, § 25.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-270 - Warrant; when issued.

43-270.
Warrant; when issued.
In case the summons cannot be served or the parties fail to obey the summons and, in any case when it shall be made to appear to the court that such summons would be ineffectual, a warrant may issue on the order of the court, either against the parent or guardian or the person having custody of the juvenile, or with whom the juvenile may be, or against the juvenile himself or herself.
Source
Laws 1981, LB 346, § 26.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-271 - Prompt hearing and disposition; detention review hearing.

43-271.
Prompt hearing and disposition; detention review hearing.
(1)(a) A juvenile taken into custody pursuant to sections 43-248, 43-250, and 43-253 shall be brought before the court for adjudication as soon as possible after the petition is filed. On the return of the summons or other process, or mailing of the notice in lieu of summons, or as soon thereafter as legally may be, the court shall proceed to hear and dispose of the case as provided in section 43-279.
(b) The hearing as to a juvenile in custody of the probation officer or the court shall be held as soon as possible but, in all cases, within a six-month period after the petition is filed, and as to a juvenile not in such custody as soon as practicable but, in all cases, within a six-month period after the petition is filed. The computation of the six-month period provided for in this section shall be made as provided in section 29-1207, as applicable.
(2) Any juvenile taken into custody pursuant to sections 43-248, 43-250, and 43-253 may request a detention review hearing. The detention review hearing shall be conducted within forty-eight hours after the request.
Source
Laws 1981, LB 346, § 27;
Laws 1982, LB 787, § 11;
Laws 2006, LB 1113, § 39.
Annotations
This section and section 43-278 confer a statutory right to a prompt adjudication hearing to all juveniles within section 43-247(1), (2), (3)(b), and (4). This section and section 43-278 are directory and do not require absolute discharge of a juvenile not adjudicated within the prescribed time period. In re Interest of Brandy M. et al., 250 Neb. 510, 550 N.W.2d 17 (1996).
An appellate court's criminal speedy trial jurisprudence with respect to the calculations of the running of the speedy trial clock is applicable in the juvenile context. In re Interest of Shaquille H., 20 Neb. App. 141, 819 N.W.2d 741 (2012).
Juveniles being held in custody are to receive an adjudication hearing as soon as possible, whereas juveniles not being held in custody are to receive an adjudication hearing as soon as practicable; both sets of juveniles should receive an adjudication hearing within a 6-month period after the petition is filed pursuant to this section, but a statutory scheduling preference is granted to those juveniles that are in custody pending adjudication. In re Interest of Shaquille H., 20 Neb. App. 141, 819 N.W.2d 741 (2012).
This section provides a statutory right to a prompt adjudication hearing for all juveniles, but absolute discharge for the State's failure to comply with the 6-month period is not mandated and is within the discretion of the juvenile court, taking into consideration the best interests of the juvenile, the factors set forth in this section and section 43-278, the right of the juvenile to a prompt and fair adjudication, and the future treatment and rehabilitation of the juvenile in the event of an adjudication. In re Interest of Britny S., 11 Neb. App. 704, 659 N.W.2d 831 (2003).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-272.02 - Court appointed special advocate volunteer.

43-272.02.
Court appointed special advocate volunteer.
The court may appoint a court appointed special advocate volunteer pursuant to the Court Appointed Special Advocate Act.
Source
Laws 2000, LB 1167, § 22.
Cross References
Court Appointed Special Advocate Act, see section 43-3701.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-273 - Appointed counsel and guardians ad litem; fees; allowance.

43-273.
Appointed counsel and guardians ad litem; fees; allowance.
Counsel and guardians ad litem appointed outside of the guardian ad litem division as provided in section 43-272 shall apply to the court before which the proceedings were had for fees for services performed. The court upon hearing the application shall fix reasonable fees. The county board of the county wherein the proceedings were had shall allow the account, bill, or claim presented by any attorney or guardian ad litem for services performed under section 43-272 in the amount determined by the court. No such account, bill, or claim shall be allowed by the county board until the amount thereof shall have been determined by the court.
Source
Laws 1981, LB 346, § 29;
Laws 2016, LB894, § 15.
Annotations
Orders fixing fees for a court-appointed counsel in juvenile cases are final orders because they are made in a special proceeding and affect a substantial right. In re Claim of Roberts for Attorney Fees, 307 Neb. 346, 949 N.W.2d 299 (2020).
This section does not require that a county be notified when a fee application is filed by court-appointed counsel, nor does it require that an evidentiary hearing be routinely held on such an application. In re Claim of Roberts for Attorney Fees, 307 Neb. 346, 949 N.W.2d 299 (2020).
When a juvenile case is appealed, the appointed counsel should apply to the juvenile court, not the appellate court, for payment of services performed on appeal. In re Claim of Roberts for Attorney Fees, 307 Neb. 346, 949 N.W.2d 299 (2020).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-275 - Petition, complaint, or restorative justice program consent form; filing; time.

43-275.
Petition, complaint, or restorative justice program consent form; filing; time.
Whenever a juvenile is detained or placed in custody under the provisions of section 43-253, a petition, complaint, or restorative justice program consent form must be filed within forty-eight hours excluding nonjudicial days.
Source
Laws 1981, LB 346, § 31;
Laws 1998, LB 1073, § 21;
Laws 2019, LB595, § 29.
Annotations
Failure to file a petition within forty-eight hours, as provided in this section, after a juvenile has been taken into custody pursuant to section 43-248 does not deprive the juvenile court of jurisdiction. In re Interest of S.S.L., 219 Neb. 911, 367 N.W.2d 710 (1985).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-277 - Juvenile in custody; adjudication hearing; requirements.

43-277.
Juvenile in custody; adjudication hearing; requirements.
Except as provided in sections 43-254.01 and 43-277.01 and unless sooner released, a juvenile taken into custody or remaining in custody under sections 43-248, 43-250, 43-253, and 43-254 shall be brought before the juvenile court for an adjudication hearing as soon as possible but, in all cases, within a six-month period after a petition is filed. If the juvenile is not brought before the juvenile court within such period of time, he or she shall be released from custody, except that such hearing shall not be had until there is before the court the juvenile when charged under subdivision (1), (2), (3)(b), or (4) of section 43-247, and in all cases the juvenile's custodian or person with whom he or she may be, or his or her parent or guardian, or, if they fail to appear, and in all cases under subdivision (3)(a) of section 43-247, a guardian ad litem. The computation of the six-month period provided for in this section shall be made as provided in section 29-1207, as applicable.
Source
Laws 1981, LB 346, § 33;
Laws 1982, LB 787, § 14;
Laws 1997, LB 622, § 69.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-277.01 - Mental health hearing; requirements.

43-277.01.
Mental health hearing; requirements.
All hearings concerning a juvenile court petition filed pursuant to subdivision (3)(c) of section 43-247 shall be closed to the public except at the request of the juvenile or the juvenile's parent or guardian. Such hearings shall be held in a courtroom or at any convenient and suitable place designated by the juvenile court judge. The proceeding may be conducted where the juvenile is currently residing if the juvenile is unable to travel.
Source
Laws 1997, LB 622, § 70.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-280 - Adjudication; effect; use of in-court statements.

43-280.
Adjudication; effect; use of in-court statements.
No adjudication by the juvenile court upon the status of a juvenile shall be deemed a conviction nor shall the adjudication operate to impose any of the civil disabilities ordinarily resulting from conviction. The adjudication and the evidence given in the court shall not operate to disqualify such juvenile in any future civil or military service application or appointment. Any admission, answer of no contest, confession, or statement made by the juvenile in court and admitted by the court, in a proceeding under section 43-279, shall be inadmissible against such juvenile in any criminal or civil proceeding but may be considered by a court as part of a presentence investigation involving a subsequent transaction.
Source
Laws 1981, LB 346, § 36;
Laws 2023, LB50, § 22.
Effective Date: September 2, 2023
Cross References
Juvenile adjudication, inadmissible for purpose of attacking credibility of witness, see section 27-609.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-282 - Juvenile court; transfer case and records to court of domicile.

43-282.
Juvenile court; transfer case and records to court of domicile.
If a petition alleging a juvenile to be within the jurisdiction of the Nebraska Juvenile Code is filed in a county other than the county where the juvenile is presently living or domiciled, the court, at any time after adjudication and prior to final termination of jurisdiction, may transfer the proceedings to the county where the juvenile lives or is domiciled and the court having juvenile court jurisdiction therein shall thereafter have sole charge of such proceedings and full authority to enter any order it could have entered had the adjudication occurred therein.
All documents, social histories, and records, or certified copies thereof, on file with the court pertaining to the case shall accompany the transfer.
Source
Laws 1981, LB 346, § 38;
Laws 1985, LB 447, § 24.
Annotations
Because venue is immaterial in juvenile proceedings, a court should not grant a motion to dismiss based on an allegation of improper venue. Pursuant to the statutory language, a juvenile court should first hold an adjudication hearing, and after the adjudication hearing, it should determine whether it would be proper to transfer the proceedings to a court in the county where the juvenile resides. In re Interest of Breana M., 18 Neb. App. 910, 795 N.W.2d 660 (2011).
This section allows an adjudication proceeding to be filed in any county and allows for discretionary transfer, after adjudication, to the county where the juvenile is living or domiciled. In re Interest of Tegan V., 18 Neb. App. 857, 794 N.W.2d 190 (2011).
This section makes venue immaterial in addition to setting up a procedure for discretionary transfer. In re Interest of Tegan V., 18 Neb. App. 857, 794 N.W.2d 190 (2011).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-283 - Dispositional hearing; rules of evidence.

43-283.
Dispositional hearing; rules of evidence.
Strict rules of evidence shall not be applied at any dispositional hearing.
Source
Laws 1981, LB 346, § 39.
Annotations
This section is applicable at a hearing to determine who shall have custody of a juvenile pending an adjudication; thus, relaxed rules of evidence may be followed. In re Interest of R.G., 238 Neb. 405, 470 N.W.2d 780 (1991).
Although strict rules of evidence do not apply at a dispositional hearing, a proceeding to terminate parental rights must employ fundamentally fair procedures satisfying the requirements of due process. In re Interest of Tabitha J., 5 Neb. App. 609, 561 N.W.2d 252 (1997).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-284.01 - Juvenile voluntarily relinquished; custody; alternative disposition; effect.

43-284.01.
Juvenile voluntarily relinquished; custody; alternative disposition; effect.
Any juvenile adjudged to be under subdivision (7) of section 43-247 shall remain in the custody of the Department of Health and Human Services or the licensed child placement agency to whom the juvenile has been relinquished unless the court finds by clear and convincing evidence that the best interests of the juvenile require that an alternative disposition be made. If the court makes such finding, then alternative disposition may be made as provided under section 43-284. Such alternative disposition shall relieve the department or licensed child placement agency of all responsibility with regard to such juvenile.
Source
Laws 1985, LB 447, § 9;
Laws 1989, LB 182, § 11;
Laws 1996, LB 1044, § 131;
Laws 2013, LB561, § 21.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-284.02 - Ward of the department; appointment of guardian; payments allowed.

43-284.02.
Ward of the department; appointment of guardian; payments allowed.
The Department of Health and Human Services may make payments as needed on behalf of a child who has been a ward of the department after the appointment of a guardian for the child. Such payments to the guardian may include maintenance costs, medical and surgical expenses, and other costs incidental to the care of the child. All such payments shall terminate on or before the child's nineteenth birthday unless the child is eligible for extended guardianship assistance and medical care from the department pursuant to section 43-4511. The child under guardianship shall be a child for whom the guardianship would not be possible without the financial aid provided under this section.
The Department of Health and Human Services shall adopt and promulgate rules and regulations for the administration of this section.
Source
Laws 1986, LB 600, § 14;
Laws 1996, LB 1044, § 132;
Laws 2007, LB296, § 108;
Laws 2014, LB853, § 22;
Laws 2014, LB908, § 4;
Laws 2015, LB243, § 10.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-287 - Impoundment of license or permit issued under Motor Vehicle Operator's License Act; other powers of court; copy of abstract to Department of Motor Vehicles; fine for excessive absenteeism from school; not eligible for ignition interlock permit.

43-287.
Impoundment of license or permit issued under Motor Vehicle Operator's License Act; other powers of court; copy of abstract to Department of Motor Vehicles; fine for excessive absenteeism from school; not eligible for ignition interlock permit.
(1) When a juvenile is adjudged to be a juvenile described in subdivision (1), (2), (3)(b), or (4) of section 43-247, the juvenile court may:
(a) If such juvenile holds any license or permit issued under the Motor Vehicle Operator's License Act, impound any such license or permit for thirty days; or
(b) If such juvenile does not have a permit or license issued under the Motor Vehicle Operator's License Act, prohibit such juvenile from obtaining any permit or any license pursuant to the act for which such juvenile would otherwise be eligible until thirty days after the date of such order.
(2) A copy of an abstract of the juvenile court's adjudication shall be transmitted to the Director of Motor Vehicles pursuant to sections 60-497.01 to 60-497.04 if a license or permit is impounded or a juvenile is prohibited from obtaining a license or permit under subsection (1) of this section. If a juvenile whose operator's license or permit has been impounded by a juvenile court operates a motor vehicle during any period that he or she is subject to the court order not to operate any motor vehicle or after a period of impoundment but before return of the license or permit, such violation shall be handled in the juvenile court and not as a violation of section 60-4,108.
(3) When a juvenile is adjudged to be a juvenile described in subdivision (3)(a) of section 43-247 for excessive absenteeism from school, the juvenile court may issue the parents or guardians of such juvenile a fine not to exceed five hundred dollars for each offense or order such parents or guardians to complete specified hours of community service. For community service ordered under this subsection, the juvenile court may require that all or part of the service be performed for a public school district or nonpublic school if the court finds that service in the school is appropriate under the circumstances.
(4) A juvenile who holds any license or permit issued under the Motor Vehicle Operator's License Act and has violated subdivision (3)(b) or (c) of section 28-306, subdivision (3)(b) or (c) of section 28-394, or section 28-1254, 60-6,196, 60-6,197, 60-6,197.06, or 60-6,198 shall not be eligible for an ignition interlock permit.
Source
Laws 2010, LB800, § 24;
Laws 2012, LB751, § 5;
Laws 2019, LB269, § 1.
Cross References
Motor Vehicle Operator's License Act, see section 60-462.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-288 - Order allowing juvenile to return or remain at home; conditions and requirements.

43-288.
Order allowing juvenile to return or remain at home; conditions and requirements.
If the court's order of disposition permits the juvenile to remain in his or her own home as provided by section 43-284 or 43-286, the court may, as a condition or conditions to the juvenile's continuing to remain in his or her own home, or in cases under such sections when the juvenile is placed or detained outside his or her home, as a condition of the court allowing the juvenile to return home, require the parent, guardian, or other custodian to:
(1) Eliminate the specified conditions constituting or contributing to the problems which led to juvenile court action;
(2) Provide adequate food, shelter, clothing, and medical care and for other needs of the juvenile;
(3) Give adequate supervision to the juvenile in the home;
(4) Take proper steps to insure the juvenile's regular school attendance;
(5) Cease and desist from specified conduct and practices which are injurious to the welfare of the juvenile; and
(6) Resume proper responsibility for the care and supervision of the juvenile.
The terms and conditions imposed in any particular case shall relate to the acts or omissions of the juvenile, the parent, or other person responsible for the care of the juvenile which constituted or contributed to the problems which led to the juvenile court action in such case. The maximum duration of any such term or condition shall be one year unless the court finds that at the conclusion of that period exceptional circumstances require an extension of the period for an additional year.
Source
Laws 1981, LB 346, § 44;
Laws 1982, LB 787, § 19.
Annotations
A juvenile court's order that children under its jurisdiction have their immunizations brought up to date was within the power of that court, even where the Department of Health and Human Services did not indicate concern about the children's health or immunization history. In re Interest of Becka P. et al., 298 Neb. 98, 902 N.W.2d 697 (2017).
A juvenile court order that adopts a case plan with a material change in the conditions for reunification with a parent’s child is a crucial step in child protection proceedings that could possibly lead to the termination of parental rights, and thus, such orders affect a parent’s substantial right in a special proceeding and are appealable. In re Interest of Mya C. & Sunday C., 286 Neb. 1008, 840 N.W.2d 493 (2013).
This section gives the juvenile court explicit statutory authority to require the custodian of the juveniles to eliminate the specified conditions contributing to the problems which led to juvenile court action and to require the custodian to give adequate supervision to the juveniles in the home. In re Interest of Crystal T. et al., 7 Neb. App. 921, 586 N.W.2d 479 (1998).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-289 - Juvenile committed; release from confinement upon reaching age of majority; hospital treatment; custody in state institutions; discharge.

43-289.
Juvenile committed; release from confinement upon reaching age of majority; hospital treatment; custody in state institutions; discharge.
In no case shall a juvenile committed under the terms of the Nebraska Juvenile Code be confined after he or she reaches the age of majority. The court may, when the health or condition of any juvenile adjudged to be within the terms of such code shall require it, cause the juvenile to be placed in a public hospital or institution for treatment or special care or in an accredited and suitable private hospital or institution which will receive the juvenile for like purposes. Whenever any juvenile has been committed to the Department of Health and Human Services, the department shall follow the court's orders, if any, concerning the juvenile's specific needs for treatment or special care for his or her physical well-being and healthy personality. If the court finds any such juvenile to be a person with an intellectual disability, the court may, upon attaching a physician's certificate and a report as to the mental capacity of such person, commit such juvenile directly to an authorized and appropriate state or local facility or home.
The marriage of any juvenile committed to a state institution under the age of nineteen years shall not make such juvenile of the age of majority.
A juvenile committed to any such institution shall be subject to the control of the superintendent thereof, and the superintendent, with the advice and consent of the Department of Health and Human Services, shall adopt and promulgate rules and regulations for the promotion, paroling, and final discharge of residents such as shall be considered mutually beneficial for the institution and the residents. Upon final discharge of any resident, such department shall file a certified copy of the discharge with the court which committed the resident.
Source
Laws 1981, LB 346, § 45;
Laws 1985, LB 447, § 26;
Laws 1986, LB 1177, § 18;
Laws 1989, LB 182, § 15;
Laws 1996, LB 1044, § 141;
Laws 2013, LB23, § 10.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-290.01 - Costs; payment.

43-290.01.
Costs; payment.
(1) Payment of costs for juveniles described in or alleged to be described in subdivision (1), (2), (3)(b), or (4) of section 43-247, except as ordered by the court pursuant to section 43-290, shall be paid by:
(a) The county for the period of time prior to adjudication, except as provided in subdivision (1)(b) of this section. Such costs paid for by the county include, but are not limited to, the costs of detention, services, detention alternatives, treatment, voluntary services, and transportation;
(b) The Office of Probation Administration for:
(i) The period of time after adjudication until termination of court jurisdiction, including, but not limited to, the costs of evaluations, detention, services, placement that is not detention, detention alternatives, treatment, voluntary services, and transportation, other than transportation paid under subdivision (1)(c) of this section;
(ii) The time period prior to adjudication for a juvenile who is on probation and is alleged to have committed a new violation or is a juvenile who is subject to a motion to revoke probation; and
(iii) Preadjudication evaluations and preadjudication placements that are not detention; and
(c) The Office of Juvenile Services for any period of time from when the court commits the juvenile to the Office of Juvenile Services until the juvenile is discharged by the Office of Juvenile Services, including, but not limited to, the costs of evaluations, placement, services, detention including detention costs prior to placement, and transportation to and from the youth rehabilitation and treatment center.
(2) For payment of costs involved in the adjudication and disposition of juveniles, other than those described in subsection (1) or (3) of this section:
(a) The Department of Health and Human Services shall pay the costs incurred during an evaluation or placement with the department that is ordered by the court except as otherwise ordered by the court pursuant to section 43-290;
(b) Payment of costs for juveniles with a court adjudication or disposition under section 43-284: Upon a determination by the court that there are no parental, private, or other funds available for the care, custody, education, and maintenance of the juvenile, the court may order a reasonable sum for the care, custody, education, and maintenance of the juvenile to be paid out of a fund appropriated annually by the county where the petition is filed until suitable provisions are made for the juvenile without such payment. The amount to be paid by a county for education shall not exceed the average cost for education of a public school student in the county in which the juvenile is placed and shall be paid only for education in kindergarten through grade twelve; and
(c) Other costs shall be as provided in section 43-290.
(3) Payment of costs of medical expenses of juveniles under the Nebraska Juvenile Code shall be as provided in section 43-290.
Source
Laws 2014, LB464, § 21.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-291 - Termination of parental rights; proceedings.

43-291.
Termination of parental rights; proceedings.
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 endorsed on the summons and notice that the proceeding is one to terminate parental rights, shall set the time and place for the hearing, and shall cause summons and notice, with a copy of the petition, supplemental petition, or motion attached, to be given in the same manner as required in other cases before the juvenile court.
Source
Laws 1981, LB 346, § 47.
Annotations
The Nebraska Juvenile Code provides for the filing of an original petition seeking termination of parental rights under this section. Subsection (6) of section 43-247 and this section indicate that the juvenile court may properly acquire jurisdiction over an original action to terminate parental rights as provided in the Nebraska Juvenile Code without prior juvenile court action, including adjudication. The plain and ordinary meaning of this section and section 43-292, taken together, is that parental rights may be terminated in an original proceeding. In re Interest of Joshua M. et al., 256 Neb. 596, 591 N.W.2d 557 (1999).
Notice of action to terminate parental rights is required under this section. In re Interest of D.J. et al., 224 Neb. 226, 397 N.W.2d 616 (1986).
Although there may have been no prior juvenile court action, including adjudication, the juvenile court acquires jurisdiction to terminate parental rights when a motion to terminate parental rights containing the grounds for termination is filed under subsections (1) through (5) of section 43-292. In re Interest of Brook P. et al., 10 Neb. App. 577, 634 N.W.2d 290 (2001).
In a hearing on the termination of parental rights without a prior adjudication, where such termination is sought under subsections (1) through (5) of section 43-292, such proceedings must be accompanied by due process safeguards, as statutory provisions cannot abrogate constitutional rights. In re Interest of Brook P. et al., 10 Neb. App. 577, 634 N.W.2d 290 (2001).
Although adjudication and disposition proceedings may be combined, the adjudication proceeding may not be omitted altogether. In re Interest of Joelyann H., 6 Neb. App. 472, 574 N.W.2d 185 (1998).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).