reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4332 - Disclosure of information by employee; personnel actions prohibited.

43-4332.
Disclosure of information by employee; personnel actions prohibited.
Any person who has authority to recommend, approve, direct, or otherwise take or affect personnel action shall not, with respect to such authority:
(1) Take personnel action against an employee because of the disclosure of information by the employee to the office which the employee reasonably believes evidences wrongdoing under the Office of Inspector General of Nebraska Child Welfare Act;
(2) Take personnel action against an employee as a reprisal for the submission of an allegation of wrongdoing under the act to the office by such employee; or
(3) Take personnel action against an employee as a reprisal for providing information or testimony pursuant to an investigation by the office.
Source
Laws 2017, LB207, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4401 - Terms, defined.

43-4401.
Terms, defined.
For purposes of sections 43-4401 to 43-4407:
(1) Department means the Department of Health and Human Services; and
(2) Service area means a geographic area administered by the department and designated pursuant to section 81-3116.
Source
Laws 2012, LB1160, § 1;
Laws 2022, LB1173, § 11.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4402 - Legislative findings.

43-4402.
Legislative findings.
The Legislature finds that the department needs a uniform electronic data collection system to collect and evaluate data regarding children served, the quality of child welfare services provided, and the outcomes produced by such child welfare services.
Source
Laws 2012, LB1160, § 2;
Laws 2022, LB1173, § 12.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4403 - Legislative intent.

43-4403.
Legislative intent.
It is the intent of the Legislature:
(1) To provide for (a) legislative oversight of the child welfare system through an improved electronic data collection system, (b) improved child welfare outcome measurements through increased reporting by the department, and (c) an independent evaluation of the child welfare system; and
(2) To develop an electronic data collection system to integrate child welfare information into one system to more effectively manage, track, and share information, especially in child welfare case management.
Source
Laws 2012, LB1160, § 3;
Laws 2022, LB1173, § 13.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4405 - Statewide automated child welfare information system; report; contents.

43-4405.
Statewide automated child welfare information system; report; contents.
On or before December 1, 2012, the department, with assistance from other agencies as necessary, including the data coordinator for the State Foster Care Review Board or a successor entity to the powers and duties of the board, shall report in writing to the Legislature on a plan for the statewide automated child welfare information system described in section 43-4404. The report shall include a review of the design, development, implementation, and cost of the system. The report shall describe the requirements of the system and all available options and compare costs of the options. The report shall include, but not be limited to, a review of the options for (1) system functionality, (2) the potential of the system's use of shared services in areas including, but not limited to, intake, rules, financial information, and reporting, (3) integration, (4) maintenance costs, (5) application architecture to enable flexibility and scalability, (6) deployment costs, (7) licensing fees, (8) training requirements, and (9) operational costs and support needs. The report shall compare the costs and benefits of a custom-built system and a commercial off-the-shelf system, the total cost of ownership, including both direct and indirect costs, and the costs of any other options considered. In conjunction with the report, the department shall prepare the advance planning document required to qualify for federal funding for the statewide automated child welfare information system pursuant to 45 C.F.R. 1355.50 through 1355.57, implementing section 474(a)(3)(C) and (D) of Title IV-E of the federal Social Security Act, 42 U.S.C. 674(a)(3)(C) and (D), as such regulations and section existed on January 1, 2012. The advance planning document shall describe the proposed plan for managing the design, development, and operations of a statewide automated child welfare information system that meets such federal requirements and the state's needs in an efficient, comprehensive, and cost-effective manner.
Source
Laws 2012, LB1160, § 5.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4407 - Service area administrator; annual survey; duties; reports.

43-4407.
Service area administrator; annual survey; duties; reports.
(1) Each service area administrator shall annually survey children, parents, foster parents, judges, guardians ad litem, attorneys representing parents, and service providers involved with the child welfare system to monitor satisfaction with (a) adequacy of communication by the case manager, (b) response by the department to requests and problems, (c) transportation issues, (d) medical and psychological services for children and parents, (e) visitation schedules, (f) payments, (g) support services to foster parents, (h) adequacy of information about foster children provided to foster parents, and (i) the case manager's fulfillment of his or her responsibilities. A summary of the survey shall be reported electronically to the Health and Human Services Committee of the Legislature on September 15, 2012, and each September 15 thereafter.
(2) Each service area administrator shall provide monthly reports to the child advocacy center that corresponds with the geographic location of the child regarding the services provided through the department when the child is identified as a voluntary or non-court-involved child welfare case. The monthly report shall include the plan implemented by the department for the child and family and the status of compliance by the family with the plan. The child advocacy center shall report electronically to the Health and Human Services Committee of the Legislature on September 15, 2012, and every September 15 thereafter, or more frequently if requested by the committee.
Source
Laws 2012, LB1160, § 7;
Laws 2013, LB222, § 14;
Laws 2022, LB1173, § 15.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4410 - Contract to provide child welfare services; evidence of financial stability and liquidity required; prohibited acts.

43-4410.
Contract to provide child welfare services; evidence of financial stability and liquidity required; prohibited acts.
(1) Any entity seeking to enter into a contract with the Department of Health and Human Services to provide child welfare services shall provide evidence of financial stability and liquidity prior to executing such contract.
(2) An entity contracting with the department to provide child welfare services shall not require any subcontractor or employee of such contractor or subcontractor to sign an agreement not to compete with such contractor as a condition of subcontracting or employment.
Source
Laws 2013, LB269, § 10.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4411 - Child welfare system; legislative findings and intent.

43-4411.
Child welfare system; legislative findings and intent.
(1) The Legislature finds that the State of Nebraska, in order to support the well-being, permanency, and safety of children and families in Nebraska's communities, needs to comprehensively transform its child welfare system. The Legislature further finds that this comprehensive transformation will require an integrated model addressing all aspects of the system and strong partnerships among the legislative, executive, and judicial branches of government and community stakeholders.
(2) It is the intent of the Legislature to:
(a) Establish an intersectoral child welfare practice model work group;
(b) Establish appropriate strategic leadership and guidance for practice and finance model development from across the three branches of government; and
(c) Appropriate funds for contractual support to build the practice and finance model for Nebraska.
Source
Laws 2022, LB1173, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4412 - Child welfare system; terms, defined.

43-4412.
Child welfare system; terms, defined.
For purposes of sections 43-4411 to 43-4416:
(1) Child welfare system means children and families receiving, and persons providing or effecting:
(a) In-home and out-of-home child welfare case management services;
(b) Physical and behavioral health care;
(c) Youth rehabilitation and treatment center services;
(d) Adoption or guardianship assistance services;
(e) Prevention services;
(f) Post-adoption or post-guardianship related services; and
(g) Public or private education and training services;
(2) Individual with lived experience in the child welfare system means an individual who has previously received services from the child welfare system, currently receives such services, or is at risk of needing such services and who has valuable insight to contribute;
(3) Practice and finance model means an evidence-based or evidence-informed approach to the practice and financing of the child welfare system across the State of Nebraska;
(4) Strategic leadership group means the child welfare strategic leadership group created in section 43-4414; and
(5) Work group means the child welfare practice model work group created in section 43-4413.
Source
Laws 2022, LB1173, § 2.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4413 - Child welfare system; work group; established; duties.

43-4413.
Child welfare system; work group; established; duties.
(1) There is hereby established a child welfare practice model work group. The work group may include, but is not limited to:
(a) The Director of Behavioral Health of the Division of Behavioral Health or the director's designee;
(b) The Director of Children and Family Services of the Division of Children and Family Services or the director's designee;
(c) The Director of Developmental Disabilities of the Division of Developmental Disabilities or the director's designee;
(d) The Director of Medicaid and Long-Term Care of the Division of Medicaid and Long-Term Care or the director's designee;
(e) The Director of Public Health of the Division of Public Health or the director's designee;
(f) The Commissioner of Education or the commissioner's designee;
(g) The State Court Administrator;
(h) A representative of the state judicial branch to be appointed by the Chief Justice; and
(i) Representatives from each federally recognized Indian tribe within the State of Nebraska, appointed by each tribe's Tribal Council or Executive Committee.
(2) The work group shall develop a practice and finance model for child welfare system transformation in Nebraska, with consultation from key stakeholders, judges from separate juvenile courts and judges of county courts sitting as juvenile courts, private child welfare providers, individuals with lived experience in the child welfare system, the Nebraska Children's Commission, the Inspector General of Nebraska Child Welfare, the Foster Care Review Office, child advocacy centers, law enforcement, and county attorneys. The practice and finance model shall include, but not be limited to:
(a) Development of a statewide mission and vision for the child welfare system in Nebraska;
(b) Development of values and practice priorities for the child welfare system in Nebraska;
(c) Development of statewide program goals and a practice and finance model for child welfare system case management and service delivery;
(d) Development of engagement strategies to support community involvement in child welfare system transformation;
(e) Development of strategies that strengthen relationships across the court system, probation, executive branch agencies, the State Department of Education, and community partners;
(f) Development of strategies that support integration across agencies;
(g) Development of accountabilities across the entire child welfare system;
(h) Evaluation of the state's Title IV-E claiming practices and identification of appropriate steps to optimize federal reimbursement for child welfare system expenditures;
(i) Opportunities and financial mechanisms for providers to pilot innovative solutions to meet program goals; and
(j) Development of a strategy for data collection and outcome monitoring.
(3) The work group shall provide monthly updates to the strategic leadership group.
Source
Laws 2022, LB1173, § 3.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4414 - Child welfare system; strategic leadership group; members.

43-4414.
Child welfare system; strategic leadership group; members.
There is hereby established a child welfare strategic leadership group. The strategic leadership group shall be a nonvoting group that exists for purposes of receiving updates on the work group's activities. The strategic leadership group shall consist of:
(1) The chairperson of the Judiciary Committee of the Legislature;
(2) The chairperson of the Health and Human Services Committee of the Legislature;
(3) The Chief Justice or the Chief Justice's designee; and
(4) The chief executive officer of the Department of Health and Human Services or such officer's designee.
Source
Laws 2022, LB1173, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4415 - Child welfare system; work group; consultant; submit practice and finance model framework.

43-4415.
Child welfare system; work group; consultant; submit practice and finance model framework.
(1) The Department of Health and Human Services shall contract with an outside consultant with expertise in child welfare system transformation by December 15, 2022. The consultant shall assist the work group with the development of a written framework for the practice and finance model.
(2) On or before December 1, 2023, the work group shall electronically submit the written practice and finance model framework to the Health and Human Services Committee of the Legislature.
Source
Laws 2022, LB1173, § 5.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4416 - Child welfare system; work group; strategic leadership group; termination.

43-4416.
Child welfare system; work group; strategic leadership group; termination.
The work group and strategic leadership group shall terminate on December 31, 2023.
Source
Laws 2022, LB1173, § 6.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4501 - Act, how cited.

43-4501.
Act, how cited.
Sections 43-4501 to 43-4514 shall be known and may be cited as the Young Adult Bridge to Independence Act.
Source
Laws 2013, LB216, § 1;
Laws 2014, LB853, § 30;
Laws 2015, LB243, § 14.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4502 - Purpose of act.

43-4502.
Purpose of act.
The purpose of the Young Adult Bridge to Independence Act is to provide support for former state or tribal wards, and for other youth who are exiting state care, who are disconnected from family support, and who are at risk of homelessness, as they transition to adulthood, become self-sufficient, and create permanent relationships. The bridge to independence program shall at all times recognize and respect the autonomy of the young adult. Nothing in the Young Adult Bridge to Independence Act shall be construed to abrogate any other rights that a person who has attained eighteen or nineteen years of age may have as an adult under state or tribal law.
Source
Laws 2013, LB216, § 2;
Laws 2014, LB853, § 31;
Laws 2020, LB848, § 3;
Laws 2023, LB50, § 25.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4503 - Terms, defined.

43-4503.
Terms, defined.
For purposes of the Young Adult Bridge to Independence Act:
(1) Age of eligibility means:
(a) Nineteen years of age; or
(b) Eighteen years of age if the young adult has attained the age of majority under tribal law;
(2) Bridge to independence program means the extended services and support available to a young adult under the Young Adult Bridge to Independence Act other than extended guardianship assistance described in section 43-4511 and extended adoption assistance described in section 43-4512;
(3) Child means an individual who has not attained twenty-one years of age;
(4) Department means the Department of Health and Human Services;
(5) Supervised independent living setting means an independent supervised setting, consistent with 42 U.S.C. 672(c). Supervised independent living settings shall include, but not be limited to, single or shared apartments, houses, host homes, college dormitories, or other postsecondary educational or vocational housing;
(6) Voluntary services and support agreement means a voluntary placement agreement as defined in 42 U.S.C. 672(f) between the department and a young adult as his or her own guardian; and
(7) Young adult means an individual who has attained the age of eligibility but who has not attained twenty-one years of age.
Source
Laws 2013, LB216, § 3;
Laws 2014, LB853, § 32;
Laws 2015, LB243, § 15;
Laws 2020, LB848, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4504 - Bridge to independence program; availability.

43-4504.
Bridge to independence program; availability.
The bridge to independence program is available, on a voluntary basis, to a young adult:
(1) Who has attained the age of eligibility;
(2) Who was adjudicated to be a juvenile described in:
(a) Subdivision (3)(a) of section 43-247 or the equivalent under tribal law;
(b) Subdivision (8) of section 43-247 or the equivalent under tribal law if the young adult's guardianship or state-funded adoption assistance agreement was disrupted or terminated after he or she had attained the age of sixteen years and (i) who, upon attaining the age of eligibility, was in an out-of-home placement or had been discharged to independent living or (ii) with respect to whom a kinship guardianship assistance agreement or an adoption assistance agreement was in effect pursuant to 42 U.S.C. 673 if the young adult had attained sixteen years of age before the agreement became effective or with respect to whom a state-funded guardianship assistance agreement or a state-funded adoption assistance agreement was in effect if the young adult had attained sixteen years of age before the agreement became effective; or
(c) Subdivision (1), (2), or (3)(b) of section 43-247 and (i) after January 1, 2025, upon one day prior to attaining nineteen years of age or the age of majority under relevant tribal law, was in a court-ordered out-of-home placement and (ii) such placement had been authorized or reauthorized in the six months prior to the juvenile attaining nineteen years of age in a court order finding that it would be contrary to the welfare of the juvenile to remain in or return to the juvenile's family home;
(3) Who is:
(a) Completing secondary education or an educational program leading to an equivalent credential;
(b) Enrolled in an institution which provides postsecondary or vocational education;
(c) Employed for at least eighty hours per month;
(d) Participating in a program or activity designed to promote employment or remove barriers to employment; or
(e) Incapable of doing any of the activities described in subdivisions (3)(a) through (d) of this section due to a medical condition, which incapacity is supported by regularly updated information in the case plan of the young adult;
(4) Who is a Nebraska resident, except that this requirement shall not disqualify a young adult who was a Nebraska resident but was placed outside Nebraska pursuant to the Interstate Compact for the Placement of Children; and
(5) Who does not meet the level of care for a nursing facility as defined in section 71-424, for a skilled nursing facility as defined in section 71-429, or for an intermediate care facility for persons with developmental disabilities as defined in section 71-421.
Source
Laws 2013, LB216, § 4;
Laws 2014, LB853, § 33;
Laws 2015, LB243, § 16;
Laws 2019, LB600, § 11;
Laws 2020, LB848, § 5;
Laws 2023, LB50, § 26.
Effective Date: September 2, 2023
Cross References
Interstate Compact for the Placement of Children, see section 43-1103.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4506 - Participation in bridge to independence program; voluntary services and support agreement; contents; services provided; independence coordinator; department; duties.

43-4506.
Participation in bridge to independence program; voluntary services and support agreement; contents; services provided; independence coordinator; department; duties.
(1) If a young adult chooses to participate in the bridge to independence program and is eligible under section 43-4504, the young adult and the department shall sign, and the young adult shall be provided a copy of, a voluntary services and support agreement that includes, at a minimum, information regarding all of the following:
(a) The requirement that the young adult continue to be eligible under section 43-4504 for the duration of the voluntary services and support agreement and any other expectations of the young adult;
(b) The services and support the young adult shall receive through the bridge to independence program;
(c) The voluntary nature of the young adult's participation and the young adult's right to terminate the voluntary services and support agreement at any time; and
(d) Conditions that may result in the termination of the voluntary services and support agreement and the young adult's early discharge from the bridge to independence program as described in section 43-4507.
(2) As soon as the young adult and the department sign the voluntary services and support agreement and the department determines that the young adult is eligible for the bridge to independence program under section 43-4504, but not longer than fifteen days after signing the agreement, the department shall provide services and support to the young adult in accordance with the voluntary services and support agreement.
(3) A young adult participating in the bridge to independence program shall be assigned an independence coordinator to provide case management services for the young adult. Independence coordinators and their supervisors shall be specialized in primarily providing services for young adults in the bridge to independence program or shall, at minimum, have specialized training in providing transition services and support to young adults.
(4) The department shall provide continued efforts at achieving permanency and creating permanent connections for a young adult participating in the bridge to independence program.
(5) The department shall fulfill all case plan obligations consistent with 42 U.S.C. 675(1).
(6) As soon as possible after the young adult is determined eligible for the bridge to independence program under section 43-4504 and signs the voluntary services and support agreement, the department shall conduct a determination of income eligibility for purposes of Title IV-E of the federal Social Security Act, 42 U.S.C. 672.
Source
Laws 2013, LB216, § 6;
Laws 2014, LB853, § 35;
Laws 2015, LB243, § 18.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4508.01 - Permanency review or case review; independence coordinator; duties.

43-4508.01.
Permanency review or case review; independence coordinator; duties.
At least thirty days prior to each permanency review or case review, the independence coordinator shall meet with the young adult to notify the young adult of the date, time, and location of the review, to explain the purpose of the review, and to identify additional persons the young adult would like to attend the review and assist in making arrangements for their attendance.
Source
Laws 2014, LB853, § 38.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4509 - Department; periodic case reviews; written notice; contents.

43-4509.
Department; periodic case reviews; written notice; contents.
(1) The department and at least one person who is not responsible for case management, in collaboration with the young adult and additional persons identified by the young adult, shall conduct periodic case reviews consistent with 42 U.S.C. 675(5)(B) not less than once every one hundred eighty days to evaluate progress made toward meeting the goals set forth in the case plan. The department is not required to have legal counsel present at such reviews. The department shall utilize a team approach in conducting such reviews and shall seek to facilitate the participation of the young adult. Reviews shall be conducted in an informal manner and, whenever possible, scheduled at times that allow for the attendance and participation of the young adult.
(2) At the end of each case review, the reviewer conducting the periodic case review shall notify the young adult of his or her right to request a client-directed attorney and an additional permanency review and shall provide the young adult with a clear and developmentally appropriate written notice regarding the young adult's right to request a client-directed attorney, the benefits and role of such attorney, the specific steps to take to request that an attorney be appointed, the young adult's right to request an additional permanency review hearing, the potential benefits and purpose of such a hearing, and the specific steps to take to request an additional permanency review hearing.
Source
Laws 2013, LB216, § 9;
Laws 2014, LB853, § 39.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4510 - Court-appointed attorney; continuation of guardian ad litem or defense counsel; independence coordinator; duties; notice; court appointed special advocate volunteer.

43-4510.
Court-appointed attorney; continuation of guardian ad litem or defense counsel; independence coordinator; duties; notice; court appointed special advocate volunteer.
(1) If desired by the young adult, the young adult shall be provided a court-appointed attorney who has received training appropriate to the role. The attorney's representation of the young adult shall be client-directed. The attorney shall protect the young adult's legal rights and vigorously advocate for the young adult's wishes and goals, including assisting the young adult as necessary to ensure that the bridge to independence program is providing the young adult with the services and support required under the Young Adult Bridge to Independence Act. For young adults who were appointed a guardian ad litem or defense counsel before the young adult attained the age of eligibility, the guardian ad litem's or defense counsel's appointment may be continued, with consent from the young adult, but under a client-directed model of representation. Before entering into a voluntary services and support agreement and at least sixty days prior to each permanency and case review, the independence coordinator shall notify the young adult of his or her right to request a client-directed attorney if the young adult would like an attorney to be appointed and shall provide the young adult with a clear and developmentally appropriate written notice regarding the young adult's right to request a client-directed attorney, the benefits and role of such attorney, and the specific steps to take to request that an attorney be appointed if the young adult would like an attorney appointed.
(2) The court has discretion to appoint a court appointed special advocate volunteer or continue the appointment of a previously appointed court appointed special advocate volunteer with the consent of the young adult.
Source
Laws 2013, LB216, § 10;
Laws 2014, LB853, § 40;
Laws 2020, LB848, § 6;
Laws 2023, LB50, § 29.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4511 - Extended guardianship assistance and medical care; eligibility; use.

43-4511.
Extended guardianship assistance and medical care; eligibility; use.
(1) The department shall provide extended guardianship assistance and medical care under the medical assistance program for a young adult who has attained the age of eligibility but is less than twenty-one years of age and with respect to whom a kinship guardianship assistance agreement was in effect pursuant to 42 U.S.C. 673 if the young adult had attained sixteen years of age before the agreement became effective or with respect to whom a state-funded guardianship assistance agreement was in effect if the young adult had attained sixteen years of age before the agreement became effective and if the young adult meets at least one of the following conditions for eligibility:
(a) The young adult is completing secondary education or an educational program leading to an equivalent credential;
(b) The young adult is enrolled in an institution that provides postsecondary or vocational education;
(c) The young adult is employed for at least eighty hours per month;
(d) The young adult is participating in a program or activity designed to promote employment or remove barriers to employment; or
(e) The young adult is incapable of doing any part of the activities in subdivisions (1)(a) through (d) of this section due to a medical condition, which incapacity must be supported by regularly updated information in the case plan of the young adult.
(2) The guardian shall ensure that any guardianship assistance funds provided by the department and received by the guardian shall be used for the benefit of the young adult. The department shall adopt and promulgate rules and regulations defining services and supports encompassed by such benefit.
(3) The changes made to this section by Laws 2015, LB243, become operative on July 1, 2015.
Source
Laws 2013, LB216, § 11;
Laws 2014, LB853, § 41;
Laws 2015, LB243, § 20;
Laws 2020, LB848, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4511.01 - Participation in extended guardianship or bridge to independence program; participation in extended adoption assistance or bridge to independence program; choice of participant; notice; contents; department; duties.

43-4511.01.
Participation in extended guardianship or bridge to independence program; participation in extended adoption assistance or bridge to independence program; choice of participant; notice; contents; department; duties.
(1)(a) Young adults who are eligible to participate under both extended guardianship assistance as provided in section 43-4511 and the bridge to independence program as provided in subdivision (2)(b)(ii) of section 43-4504 may choose to participate in either program.
(b) Young adults who are eligible to participate under both extended adoption assistance as provided in section 43-4512 and the bridge to independence program as provided in subdivision (2)(b)(ii) of section 43-4504 may choose to participate in either program.
(2) The department shall create a clear and developmentally appropriate written notice discussing the rights of young adults who are eligible under both extended guardianship assistance and the bridge to independence program and a notice for young adults who are eligible under both extended adoption assistance and the bridge to independence program. The notice shall explain the benefits and responsibilities and the process to apply. The department shall provide the written notice and make efforts to provide a verbal explanation to a young adult with respect to whom a kinship guardianship assistance agreement or an adoption assistance agreement was in effect pursuant to 42 U.S.C. 673 if the young adult had attained sixteen years of age before the agreement became effective or with respect to whom a state-funded guardianship assistance agreement or state-funded adoption assistance agreement was in effect if the young adult had attained sixteen years of age before the agreement became effective. The department shall provide the notice yearly thereafter until such young adult reaches nineteen years of age and not later than ninety days prior to the young adult attaining nineteen years of age.
Source
Laws 2015, LB243, § 21;
Laws 2019, LB600, § 13;
Laws 2023, LB50, § 30.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4512 - Extended adoption assistance and medical care; eligibility; use.

43-4512.
Extended adoption assistance and medical care; eligibility; use.
(1) The department shall provide extended adoption assistance and medical care under the medical assistance program for a young adult who has attained the age of eligibility but is less than twenty-one years of age and with respect to whom an adoption assistance agreement was in effect if the young adult had attained sixteen years of age before the agreement became effective and who meets at least one of the following conditions of eligibility:
(a) The young adult is completing secondary education or an educational program leading to an equivalent credential;
(b) The young adult is enrolled in an institution that provides postsecondary or vocational education;
(c) The young adult is employed for at least eighty hours per month;
(d) The young adult is participating in a program or activity designed to promote employment or remove barriers to employment; or
(e) The young adult is incapable of doing any part of the activities in subdivisions (1)(a) through (d) of this section due to a medical condition, which incapacity must be supported by regularly updated information in the case plan of the young adult.
(2) The adoptive parent or parents shall ensure that any adoption assistance funds provided by the department and received by the adoptive parent shall be used for the benefit of the young adult. The department shall adopt and promulgate rules and regulations defining services and supports encompassed by such benefit.
Source
Laws 2013, LB216, § 12;
Laws 2014, LB853, § 42;
Laws 2015, LB243, § 22;
Laws 2020, LB848, § 8.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4513 - Bridge to Independence Advisory Committee; created; members; terms; duties; report; contents.

43-4513.
Bridge to Independence Advisory Committee; created; members; terms; duties; report; contents.
(1) The Bridge to Independence Advisory Committee is created within the Nebraska Children's Commission to advise and make recommendations to the Legislature and the Nebraska Children's Commission regarding ongoing implementation of the bridge to independence program, extended guardianship assistance described in section 43-4511, and extended adoption assistance described in section 43-4512. The Bridge to Independence Advisory Committee shall provide a written report regarding ongoing implementation, including participation in the bridge to independence program, extended guardianship assistance described in section 43-4511, and extended adoption assistance described in section 43-4512 and early discharge rates and reasons obtained from the department, to the Nebraska Children's Commission, the Health and Human Services Committee of the Legislature, the department, and the Governor by September 1 of each year. The report to the Health and Human Services Committee of the Legislature shall be submitted electronically.
(2) The members of the Bridge to Independence Advisory Committee shall include, but not be limited to, (a) representatives from all three branches of government, and the representatives from the legislative and judicial branches of government shall be nonvoting, ex officio members, (b) no less than three young adults currently or previously in foster care, which may be filled on a rotating basis by members of Project Everlast or a similar youth support or advocacy group, (c) one or more representatives from a child welfare advocacy organization, (d) one or more representatives from a child welfare service agency, and (e) one or more representatives from an agency providing independent living services.
(3) Members of the committee shall be appointed for terms of two years. The Nebraska Children's Commission shall appoint the chairperson of the committee and may fill vacancies on the committee as they occur.
Source
Laws 2013, LB216, § 13;
Laws 2014, LB853, § 43;
Laws 2015, LB243, § 23;
Laws 2018, LB732, § 4;
Laws 2019, LB600, § 14.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4514 - Department; submit amended state plan amendment to seek federal funding; department; duties; rules and regulations; references to United States Code; how construed.

43-4514.
Department; submit amended state plan amendment to seek federal funding; department; duties; rules and regulations; references to United States Code; how construed.
(1) The department shall submit an amended state plan amendment by October 1, 2023, to seek federal Title IV-E funding under 42 U.S.C. 672 for any newly eligible young adult who was adjudicated to be a juvenile described in subdivision (1), (2), or (3)(b) of section 43-247 and who meets the requirements under subdivision (2)(c) of section 43-4504.
(2) The department shall implement the bridge to independence program, extended guardianship assistance described in section 43-4511, and extended adoption assistance described in section 43-4512 in accordance with the federal Fostering Connections to Success and Increasing Adoptions Act of 2008, 42 U.S.C. 673 and 42 U.S.C. 675(8)(B) and in accordance with requirements necessary to obtain federal Title IV-E funding under 42 U.S.C. 672 and 42 U.S.C. 673.
(3) The department shall adopt and promulgate rules and regulations as needed to carry out this section by July 1, 2024.
(4) All references to the United States Code in the Young Adult Bridge to Independence Act refer to sections of the code as such sections existed on January 1, 2015.
Source
Laws 2013, LB216, § 14;
Laws 2014, LB853, § 44;
Laws 2015, LB243, § 24;
Laws 2019, LB600, § 15;
Laws 2023, LB50, § 31.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4601 - Act, how cited.

43-4601.
Act, how cited.
Sections 43-4601 to 43-4630 shall be known and may be cited as the Uniform Deployed Parents Custody and Visitation Act.
Source
Laws 2015, LB219, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4603 - Remedies for noncompliance.

43-4603.
Remedies for noncompliance.
In addition to other remedies under the law of this state other than the Uniform Deployed Parents Custody and Visitation Act, if a court finds that a party to a proceeding under the act has acted in bad faith or intentionally failed to comply with the act or a court order issued under the act, the court may assess reasonable attorney's fees and costs against the party and order other appropriate relief.
Source
Laws 2015, LB219, § 3.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4604 - Jurisdiction.

43-4604.
Jurisdiction.
(a) A court may issue an order regarding custodial responsibility under the Uniform Deployed Parents Custody and Visitation Act only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
(b) If a court has issued a temporary order regarding custodial responsibility pursuant to sections 43-4613 to 43-4623, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act during the deployment.
(c) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to sections 43-4608 to 43-4612, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(d) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(e) This section does not prevent a court from exercising temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
Source
Laws 2015, LB219, § 4.
Cross References
Uniform Child Custody Jurisdiction and Enforcement Act, see section 43-1226.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4605 - Notification required of deploying parent.

43-4605.
Notification required of deploying parent.
(a) Except as otherwise provided in subsection (d) of this section and subject to subsection (c) of this section, a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within the seven days, the deploying parent shall give the notification as soon as reasonably possible.
(b) Except as otherwise provided in subsection (d) of this section and subject to subsection (c) of this section, each parent shall provide in a record the other parent with a plan for fulfilling that parent's share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection (a) of this section.
(c) If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under subsection (a) of this section, or notification of a plan for custodial responsibility during deployment under subsection (b) of this section, may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
(d) Notification in a record under subsection (a) or (b) of this section is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.
(e) In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent's efforts to comply with this section.
Source
Laws 2015, LB219, § 5.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4606 - Duty to notify of change of address.

43-4606.
Duty to notify of change of address.
(a) Except as otherwise provided in subsection (b) of this section, an individual to whom custodial responsibility has been granted during deployment pursuant to sections 43-4608 to 43-4612 or 43-4613 to 43-4623 shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual's mailing address or residence until the grant is terminated. The individual shall provide the notice to any court that has issued a custody or child support order concerning the child which is in effect.
(b) If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under subsection (a) of this section may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted.
Source
Laws 2015, LB219, § 6.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4607 - General consideration in custody proceeding of parent's military service.

43-4607.
General consideration in custody proceeding of parent's military service.
In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of the child of the parent's past or possible future deployment.
Source
Laws 2015, LB219, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4608 - Form of agreement.

43-4608.
Form of agreement.
(a) The parents of a child may enter into a temporary agreement under sections 43-4608 to 43-4612 granting custodial responsibility during deployment.
(b) An agreement under subsection (a) of this section must be:
(1) in writing; and
(2) signed by both parents and any nonparent to whom custodial responsibility is granted.
(c) Subject to subsection (d) of this section, an agreement under subsection (a) of this section, if feasible, must:
(1) identify the destination, duration, and conditions of the deployment that is the basis for the agreement;
(2) specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent;
(3) specify any decisionmaking authority that accompanies a grant of caretaking authority;
(4) specify any grant of limited contact to a nonparent;
(5) if under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
(6) specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;
(7) specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;
(8) acknowledge that any party's child-support obligation cannot be modified by the agreement, and that changing the terms of the obligation during deployment requires modification in the appropriate court;
(9) provide that the agreement will terminate according to the procedures under sections 43-4624 to 43-4627 after the deploying parent returns from deployment; and
(10) if the agreement must be filed pursuant to section 43-4612, specify which parent is required to file the agreement.
(d) The omission of any of the items specified in subsection (c) of this section does not invalidate an agreement under this section.
Source
Laws 2015, LB219, § 8.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4609 - Nature of authority created by agreement.

43-4609.
Nature of authority created by agreement.
(a) An agreement under sections 43-4608 to 43-4612 is temporary and terminates pursuant to sections 43-4624 to 43-4627 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under section 43-4610. The agreement does not create an independent, continuing right to caretaking authority, decisionmaking authority, or limited contact in an individual to whom custodial responsibility is given.
(b) A nonparent who has caretaking authority, decisionmaking authority, or limited contact by an agreement under sections 43-4608 to 43-4612 has standing to enforce the agreement until it has been terminated by court order, by modification under section 43-4610, or under sections 43-4624 to 43-4627.
Source
Laws 2015, LB219, § 9.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-4610 - Modification of agreement.

43-4610.
Modification of agreement.
(a) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to sections 43-4608 to 43-4612.
(b) If an agreement is modified under subsection (a) of this section before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
(c) If an agreement is modified under subsection (a) of this section during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
Source
Laws 2015, LB219, § 10.