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2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2620 - Collaboration of activities; duties.

43-2620.
Collaboration of activities; duties.
The Department of Health and Human Services and the State Department of Education shall collaborate in their activities and may:
(1) Encourage the development of comprehensive systems of child care programs and early childhood education programs which promote the wholesome growth and educational development of children, regardless of the child's level of ability;
(2) Encourage and promote the provision of parenting education, developmentally appropriate activities, and primary prevention services by program providers;
(3) Facilitate cooperation between the private and public sectors in order to promote the expansion of child care;
(4) Promote continuing study of the need for child care and early childhood education and the most effective methods by which these needs can be served through governmental and private programs;
(5) Coordinate activities with other state agencies serving children and families;
(6) Strive to make the state a model employer by encouraging the state to offer a variety of child care benefit options to its employees;
(7) Provide training for early childhood education providers as authorized in sections 79-1101 to 79-1103;
(8) Develop and support resource and referral services for parents and providers that will be in place statewide by January 1, 1994;
(9) Promote the involvement of businesses and communities in the development of child care throughout the state by providing technical assistance to providers and potential providers of child care;
(10) Establish a voluntary accreditation process for public and private child care and early childhood education providers, which process promotes program quality;
(11) At least biennially, develop an inventory of programs and early childhood education programs provided to children in Nebraska and identify the number of children receiving and not receiving such services, the types of programs under which the services are received, and the reasons children not receiving the services are not being served; and
(12) Support the identification and recruitment of persons to provide child care for children with special needs.
Source
Laws 1991, LB 836, § 20;
Laws 1995, LB 401, § 19;
Laws 1996, LB 900, § 1052;
Laws 1996, LB 1044, § 229;
Laws 1997, LB 307, § 99;
Laws 1999, LB 594, § 26;
Laws 2000, LB 1135, § 10;
Laws 2007, LB296, § 152.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2620.01 - State Board of Education; voluntary accreditation process; rules and regulations.

43-2620.01.
State Board of Education; voluntary accreditation process; rules and regulations.
The State Board of Education may adopt and promulgate reasonable rules and regulations to establish the voluntary accreditation process referred to in subdivision (10) of section 43-2620.
Source
Laws 1995, LB 401, § 21.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2622 - Child Care Grant Fund; established; use; investment.

43-2622.
Child Care Grant Fund; established; use; investment.
The Child Care Grant Fund is hereby established to be administered by the Department of Health and Human Services. The fund shall be used to make grants pursuant to section 43-2624. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1991, LB 836, § 23;
Laws 1994, LB 1066, § 29;
Laws 1996, LB 1044, § 230;
Laws 1997, LB 307, § 100.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2623 - Appropriation to Child Care Grant Fund; legislative intent.

43-2623.
Appropriation to Child Care Grant Fund; legislative intent.
The Legislature recognizes that a shortage of quality, affordable, and accessible child care exists to the detriment of families and employers throughout the state. Workers are unable to enter or remain in the work force due to a shortage of child care resources. The high costs of starting or expanding a child care business creates a barrier to the creation of additional space, especially for infants and children with special needs. It is the intent of the Legislature to appropriate two hundred fifty thousand dollars annually to the Child Care Grant Fund from funds designated by the State of Nebraska under the Child Care and Development Block Grant Act of 1990.
Source
Laws 1991, LB 836, § 22.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2624 - Child care grants.

43-2624.
Child care grants.
The Department of Health and Human Services shall award grants to persons, community-based organizations, or schools needing assistance to start or improve a child care program or needing assistance to provide staff training for a child care program. No grant shall exceed ten thousand dollars. A recipient of a grant shall not be eligible for a grant more than once in a three-year period. Child care grants shall be awarded on the basis of need for the proposed services in the community. Grants shall be given only to grantees who do not discriminate against children with disabilities or children whose care is funded by any state or federal funds. When considering grant applications of equal merit, the department shall award the grant to the applicant which has not previously received a grant from the Child Care Grant Fund.
Source
Laws 1991, LB 836, § 24;
Laws 1995, LB 401, § 20;
Laws 1996, LB 1044, § 231;
Laws 1997, LB 307, § 101;
Laws 1998, LB 1073, § 32.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2625 - Child care grants; rules and regulations.

43-2625.
Child care grants; rules and regulations.
The Department of Health and Human Services shall adopt and promulgate rules and regulations setting forth criteria, application procedures, and methods to assure compliance with the criteria for grants to be awarded pursuant to section 43-2624.
Source
Laws 1991, LB 836, § 25;
Laws 1996, LB 1044, § 232;
Laws 1997, LB 307, § 102.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2702 - Definitions.

43-2702.
Definitions.
For purposes of the Nebraska Uniform Transfers to Minors Act:
(1) Adult means an individual who has attained the age of twenty-one years;
(2) Benefit plan means an employer's plan for the benefit of an employee, member, or partner;
(3) Broker means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others;
(4) Conservator means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions;
(5) Court means the county court;
(6) Custodial property means (a) any interest in property transferred to a custodian under the Nebraska Uniform Transfers to Minors Act and (b) the income from and proceeds of that interest in property;
(7) Custodian means a person so designated under section 43-2710 or a successor or substitute custodian designated under section 43-2719;
(8) Financial institution means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law;
(9) Legal representative means an individual's personal representative or conservator;
(10) Member of the minor's family means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption;
(11) Minor means an individual who has not attained the age of twenty-one years;
(12) Person means an individual, corporation, limited liability company, organization, or other legal entity;
(13) Personal representative means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions;
(14) State means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States;
(15) Transfer means a transaction that creates custodial property under section 43-2710;
(16) Transferor means a person who makes a transfer under the Nebraska Uniform Transfers to Minors Act; and
(17) Trust company means a financial institution, corporation, limited liability company, or other legal entity, authorized to exercise general trust powers.
Source
Laws 1992, LB 907, § 2;
Laws 1993, LB 121, § 218.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2703 - Scope and jurisdiction.

43-2703.
Scope and jurisdiction.
(1) The Nebraska Uniform Transfers to Minors Act applies to a transfer that refers to the Nebraska Uniform Transfers to Minors Act in the designation under subsection (1) of section 43-2710 by which the transfer is made if at the time of the transfer the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to the Nebraska Uniform Transfers to Minors Act despite a subsequent change in residence of a transferor, the minor, or the custodian or the removal of custodial property from this state.
(2) A person designated as custodian under the Nebraska Uniform Transfers to Minors Act is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
(3) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
Source
Laws 1992, LB 907, § 3.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2704 - Nomination of custodian.

43-2704.
Nomination of custodian.
(1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: as custodian for ............. (name of minor) under the Nebraska Uniform Transfers to Minors Act. The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(2) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under subsection (1) of section 43-2710.
(3) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under section 43-2710. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to section 43-2710.
Source
Laws 1992, LB 907, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2705 - Transfer by gift or exercise of power of appointment.

43-2705.
Transfer by gift or exercise of power of appointment.
A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 43-2710.
Source
Laws 1992, LB 907, § 5.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2706 - Transfer authorized by will or trust.

43-2706.
Transfer authorized by will or trust.
(1) A personal representative or trustee may make an irrevocable transfer pursuant to section 43-2710 to a custodian for the benefit of a minor as authorized in the governing will or trust.
(2) If the testator or settlor has nominated a custodian under section 43-2704 to receive the custodial property, the transfer must be made to that person.
(3) If the testator or settlor has not nominated a custodian under section 43-2704, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection (1) of section 43-2710.
Source
Laws 1992, LB 907, § 6.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2707 - Other transfer by fiduciary.

43-2707.
Other transfer by fiduciary.
(1) Subject to subsection (3) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 43-2710, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(2) Subject to subsection (3) of this section, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to section 43-2710.
(3) A transfer under subsection (1) or (2) of this section may be made only if (a) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor, (b) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, and (c) the transfer is authorized by the court if it exceeds ten thousand dollars in value.
Source
Laws 1992, LB 907, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2708 - Transfer by obligor.

43-2708.
Transfer by obligor.
(1) Subject to subsections (2) and (3) of this section, a person not subject to section 43-2706 or 43-2707 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to section 43-2710.
(2) If a person having the right to do so under section 43-2704 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
(3) If no custodian has been nominated under section 43-2704 or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds ten thousand dollars in value.
Source
Laws 1992, LB 907, § 8.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2709 - Receipt for custodial property.

43-2709.
Receipt for custodial property.
A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to the Nebraska Uniform Transfers to Minors Act.
Source
Laws 1992, LB 907, § 9.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2711 - Single custodianship.

43-2711.
Single custodianship.
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under the Nebraska Uniform Transfers to Minors Act by the same custodian for the benefit of the same minor constitutes a single custodianship.
Source
Laws 1992, LB 907, § 11.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2712 - Validity and effect of transfer.

43-2712.
Validity and effect of transfer.
(1) The validity of a transfer made in a manner prescribed in the Nebraska Uniform Transfers to Minors Act is not affected by:
(a) Failure of the transferor to comply with subsection (3) of section 43-2710 concerning possession and control;
(b) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection (1) of section 43-2710; or
(c) Death or incapacity of a person nominated under section 43-2704 or designated under section 43-2710 as custodian or the disclaimer of the office by that person.
(2) A transfer made pursuant to section 43-2710 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in the Nebraska Uniform Transfers to Minors Act, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in the act.
(3) By making a transfer, the transferor incorporates in the disposition all the provisions of the Nebraska Uniform Transfers to Minors Act and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in the act.
Source
Laws 1992, LB 907, § 12.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2713 - Care of custodial property.

43-2713.
Care of custodial property.
(1) A custodian shall:
(a) Take control of custodial property;
(b) Register or record title to custodial property if appropriate; and
(c) Collect, hold, manage, invest, and reinvest custodial property.
(2) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
(3) A custodian may invest in or pay premiums on life insurance or endowment policies on (a) the life of the minor only if the minor or the minor's estate is the sole beneficiary or (b) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian is the irrevocable beneficiary.
(4) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: as a custodian for ............ (name of minor) under the Nebraska Uniform Transfers to Minors Act.
(5) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of fourteen years.
Source
Laws 1992, LB 907, § 13.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2714 - Powers of custodian.

43-2714.
Powers of custodian.
(1) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(2) This section does not relieve a custodian from liability for breach of section 43-2713.
Source
Laws 1992, LB 907, § 14.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2715 - Use of custodial property.

43-2715.
Use of custodial property.
(1) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor without court order and without regard to (a) the duty or ability of the custodian personally or of any other person to support the minor or (b) any other income or property of the minor which may be applicable or available for that purpose.
(2) On petition of an interested person or the minor if the minor has attained the age of fourteen years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(3) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
Source
Laws 1992, LB 907, § 15.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2716 - Custodian's expenses, compensation, and bond.

43-2716.
Custodian's expenses, compensation, and bond.
(1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
(2) Except for one who is a transferor under section 43-2705, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(3) Except as provided in subsection (6) of section 43-2719, a custodian need not give a bond.
Source
Laws 1992, LB 907, § 16.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2717 - Exemption of third person from liability.

43-2717.
Exemption of third person from liability.
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1) The validity of the purported custodian's designation;
(2) The propriety of or the authority under the Nebraska Uniform Transfers to Minors Act for any act of the purported custodian;
(3) The validity or propriety under the Nebraska Uniform Transfers to Minors Act of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) The propriety of the application of any property of the minor delivered to the purported custodian.
Source
Laws 1992, LB 907, § 17.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2718 - Liability to third persons.

43-2718.
Liability to third persons.
(1) A claim based on (a) a contract entered into by a custodian acting in a custodial capacity, (b) an obligation arising from the ownership or control of custodial property, or (c) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
(2) A custodian is not personally liable:
(a) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(b) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(3) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
Source
Laws 1992, LB 907, § 18.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2720 - Accounting by and determination of liability of custodian.

43-2720.
Accounting by and determination of liability of custodian.
(1) A minor who has attained the age of fourteen years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court (a) for an accounting by the custodian or the custodian's legal representative or (b) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 43-2718 to which the minor or the minor's legal representative was a party.
(2) A successor custodian may petition the court for an accounting by the predecessor custodian.
(3) The court, in a proceeding under the Nebraska Uniform Transfers to Minors Act or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
(4) If a custodian is removed under subsection (6) of section 43-2719, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
Source
Laws 1992, LB 907, § 20.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2721 - Termination of custodianship.

43-2721.
Termination of custodianship.
The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:
(1) The minor's attainment of twenty-one years of age with respect to custodial property transferred under section 43-2705 or 43-2706;
(2) The minor's attainment of majority under section 43-2101 with respect to custodial property transferred under section 43-2707 or 43-2708; or
(3) The minor's death.
Source
Laws 1992, LB 907, § 21.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2722 - Applicability.

43-2722.
Applicability.
The Nebraska Uniform Transfers to Minors Act applies to a transfer within the scope of section 43-2703 made after July 15, 1992, if:
(1) The transfer purports to have been made under the Nebraska Uniform Gifts to Minors Act or sections 43-2301 to 43-2305 as such act or sections existed on July 15, 1992; or
(2) The instrument by which the transfer purports to have been made uses in substance the designation as custodian under the Uniform Gifts to Minors Act of any other state or as custodian under the Uniform Transfers to Minors Act of any other state, and the application of the Nebraska Uniform Transfers to Minors Act is necessary to validate the transfer.
Source
Laws 1992, LB 907, § 22.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2723 - Effect on existing custodianships.

43-2723.
Effect on existing custodianships.
(1) Any transfer of custodial property as defined in the Nebraska Uniform Transfers to Minors Act made before July 15, 1992, is validated notwithstanding that there was no specific authority in the Nebraska Uniform Gifts to Minors Act or sections 43-2301 to 43-2305 as such act or sections existed prior to such date for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(2) The Nebraska Uniform Transfers to Minors Act applies to all transfers made before July 15, 1992, in a manner and form prescribed in the Nebraska Uniform Gifts to Minors Act or sections 43-2301 to 43-2305 as such act or sections existed prior to such date except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on such date.
(3) Sections 43-2702 and 43-2721 with respect to the age of a minor for whom custodial property is held under the Nebraska Uniform Transfers to Minors Act do not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of nineteen years before July 15, 1992.
(4) To the extent that the Nebraska Uniform Transfers to Minors Act, by virtue of subsection (2) of this section, does not apply to transfers made in a manner prescribed in the Nebraska Uniform Gifts to Minors Act or sections 43-2301 to 43-2305 as such act or sections existed prior to July 15, 1992, or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the Nebraska Uniform Gifts to Minors Act and sections 43-2301 to 43-2305 as such act and sections existed prior to such date does not affect those transfers or those powers, duties, and immunities.
Source
Laws 1992, LB 907, § 23.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2724 - Uniformity of application and construction.

43-2724.
Uniformity of application and construction.
The Nebraska Uniform Transfers to Minors Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the Uniform Transfers to Minors Act among states enacting it.
Source
Laws 1992, LB 907, § 24.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2920 - Act, how cited.

43-2920.
Act, how cited.
Sections 43-2920 to 43-2943 shall be known and may be cited as the Parenting Act.
Source
Laws 2007, LB554, § 1;
Laws 2011, LB673, § 2.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2921 - Legislative findings.

43-2921.
Legislative findings.
The Legislature finds that it is in the best interests of a child that a parenting plan be developed in any proceeding under Chapter 42 involving custody, parenting time, visitation, or other access with a child and that the parenting plan establish specific individual responsibility for performing such parenting functions as are necessary and appropriate for the care and healthy development of each child affected by the parenting plan.
The Legislature further finds that it is in the best interests of a child to have a safe, stable, and nurturing environment. The best interests of each child shall be paramount and consideration shall be given to the desires and wishes of the child if of an age of comprehension regardless of chronological age, when such desires and wishes are based on sound reasoning.
In any proceeding involving a child, the best interests of the child shall be the standard by which the court adjudicates and establishes the individual responsibilities, including consideration in any custody, parenting time, visitation, or other access determinations as well as resolution of conflicts affecting each child. The state presumes the critical importance of the parent-child relationship in the welfare and development of the child and that the relationship between the child and each parent should be equally considered unless it is contrary to the best interests of the child.
Given the potential profound effects on children from witnessing child abuse or neglect or domestic intimate partner abuse, as well as being directly abused, the courts shall recognize the duty and responsibility to keep the child or children safe when presented with a preponderance of the evidence of child abuse or neglect or domestic intimate partner abuse, including evidence of a child being used by the abuser to establish or maintain power and control over the victim. In domestic intimate partner abuse cases, the best interests of each child are often served by keeping the child and the victimized partner safe and not allowing the abuser to continue the abuse. When child abuse or neglect, domestic intimate partner abuse, or unresolved parental conflict prevents the best interests of the child from being served in the parenting arrangement, then the safety and welfare of the child is paramount in the resolution of those conflicts.
Source
Laws 2007, LB554, § 2.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2924 - Applicability of act.

43-2924.
Applicability of act.
(1) The Parenting Act shall apply to proceedings or modifications filed on or after January 1, 2008, in which parenting functions for a child are at issue (a) under Chapter 42, including, but not limited to, proceedings or modification of orders for dissolution of marriage and child custody and (b) under sections 43-1401 to 43-1418. The Parenting Act may apply to proceedings or modifications in which parenting functions for a child are at issue under Chapter 30 or 43. The Parenting Act shall also apply to subsequent modifications of bridge orders entered under section 43-246.02 by a separate juvenile court or county court sitting as a juvenile court and docketed in a district court.
(2) The Parenting Act does not apply in any action filed by a county attorney or authorized attorney pursuant to his or her duties under section 42-358, 43-512 to 43-512.18, or 43-1401 to 43-1418, the Income Withholding for Child Support Act, the Revised Uniform Reciprocal Enforcement of Support Act before January 1, 1994, or the Uniform Interstate Family Support Act for purposes of the establishment of paternity and the establishment and enforcement of child and medical support or a bridge order entered under section 43-246.02 by a separate juvenile court or county court sitting as a juvenile court and docketed in a district court. A county attorney or authorized attorney shall not participate in the development of or court review of a parenting plan under the Parenting Act. If both parents are parties to a paternity or support action filed by a county attorney or authorized attorney, the parents may proceed with a parenting plan.
Source
Laws 2007, LB554, § 5;
Laws 2008, LB1014, § 57;
Laws 2017, LB180, § 3.
Cross References
Income Withholding for Child Support Act, see section 43-1701.
Revised Uniform Reciprocal Enforcement of Support Act, applicability, see section 42-7,105.
Uniform Interstate Family Support Act, see section 42-701.
Annotations
In a paternity case subject to the Parenting Act where neither party has requested joint custody, if the court determines that joint custody is, or may be, in the best interests of the child, the court shall give the parties notice and an opportunity to be heard by holding an evidentiary hearing on the issue of joint custody. State ex rel. Amanda M. v. Justin T., 279 Neb. 273, 777 N.W.2d 565 (2010).
The Parenting Act applied because the action was filed after January 1, 2008, and because parenting functions for a child were at issue. Citta v. Facka, 19 Neb. App. 736, 812 N.W.2d 917 (2012).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2925 - Proceeding in which parenting functions for child are at issue; information provided to parties; filing required.

43-2925.
Proceeding in which parenting functions for child are at issue; information provided to parties; filing required.
(1) In any proceeding under Chapter 30 or 43 in which the parenting functions for a child are at issue, except any proceeding under the Revised Uniform Reciprocal Enforcement of Support Act or the Uniform Interstate Family Support Act, subsequent to the initial filing or upon filing of an application for modification of a decree, the parties shall receive from the clerk of the court information regarding the parenting plan, the mediation process, and resource materials, as well as the availability of mediation through court conciliation programs or approved mediation centers.
(2) In any proceeding under Chapter 42 and the Parenting Act in which the parenting functions for a child are at issue, subsequent to the filing of such proceeding all parties shall receive from the clerk of the court information regarding:
(a) The litigation process;
(b) A dissolution or separation process timeline;
(c) Healthy parenting approaches during and after the proceeding;
(d) Information on child abuse or neglect, domestic intimate partner abuse, and unresolved parental conflict;
(e) Mediation, specialized alternative dispute resolution, and other alternative dispute resolution processes available through court conciliation programs and approved mediation centers;
(f) Resource materials identifying the availability of services for victims of child abuse or neglect and domestic intimate partner abuse; and
(g) Intervention programs for batterers or abusers.
(3) The clerk of the court and counsel for represented parties shall file documentation of compliance with this section. Development of these informational materials and the implementation of this section shall be accomplished through the State Court Administrator.
Source
Laws 2007, LB554, § 6.
Cross References
Revised Uniform Reciprocal Enforcement of Support Act, applicability, see section 42-7,105.
Uniform Interstate Family Support Act, see section 42-701.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2926 - State Court Administrator; create information sheet; contents; parenting plan mediation; distribution of information sheet.

43-2926.
State Court Administrator; create information sheet; contents; parenting plan mediation; distribution of information sheet.
The State Court Administrator shall create an information sheet for parties in a proceeding in which parenting functions for a child are at issue under the Parenting Act that includes information regarding parenting plans, child custody, parenting time, visitation, and other access and that informs the parties that they are required to attend a basic level parenting education course. The information sheet shall also state (1) that the parties have the right to agree to a parenting plan arrangement, (2) that before July 1, 2010, if they do not agree, they may be required, and on and after July 1, 2010, if they do not agree, they shall be required to participate in parenting plan mediation, and (3) that if mediation does not result in an agreement, the court will be required to create a parenting plan. The information sheet shall also provide information on how to obtain assistance in resolving a custody case, including, but not limited to, information on finding an attorney, information on accessing court-based self-help services if they are available, information about domestic violence service agencies, information about mediation, and information regarding other sources of assistance in developing a parenting plan. The State Court Administrator shall adopt this information sheet as a statewide form and take reasonable steps to ensure that it is distributed statewide and made available to parties in parenting function matters.
Source
Laws 2007, LB554, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2927 - Training; screening guidelines and safety procedures; State Court Administrator's office; duties.

43-2927.
Training; screening guidelines and safety procedures; State Court Administrator's office; duties.
(1) Mediators involved in proceedings under the Parenting Act shall participate in training approved by the State Court Administrator to recognize child abuse or neglect, domestic intimate partner abuse, and unresolved parental conflict and its potential impact upon children and families.
(2) Screening guidelines and safety procedures for cases involving conditions identified in subsection (1) of section 43-2939 shall be devised by the State Court Administrator. Such screening shall be conducted by mediators using State Court Administrator-approved screening tools.
(3) Such screening shall be conducted as a part of the individual initial screening session for each case referred to mediation under the Parenting Act prior to setting the case for mediation to determine whether or not it is appropriate to proceed in mediation or to proceed in a form of specialized alternative dispute resolution.
(4) The State Court Administrator's office, in collaboration with professionals in the fields of domestic abuse services, child and family services, mediation, and law, shall develop and approve curricula for the training required under subsection (1) of this section, as well as develop and approve rules, procedures, and forms for training and screening for child abuse or neglect, domestic intimate partner abuse, and unresolved parental conflict.
Source
Laws 2007, LB554, § 8;
Laws 2008, LB1014, § 58.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2928 - Attendance at basic level parenting education course; delay or waiver; second-level parenting education course; State Court Administrator; duties; costs.

43-2928.
Attendance at basic level parenting education course; delay or waiver; second-level parenting education course; State Court Administrator; duties; costs.
(1) The court shall order all parties to a proceeding under the Parenting Act to attend a basic level parenting education course. Participation in the course may be delayed or waived by the court for good cause shown. Failure or refusal by any party to participate in such a course as ordered by the court shall not delay the entry of a final judgment or an order modifying a final judgment in such action by more than six months and shall in no case be punished by incarceration.
(2) The court may order parties under the act to attend a second-level parenting education course subsequent to completion of the basic level course when screening or a factual determination of child abuse or neglect, domestic intimate partner abuse, or unresolved parental conflict has been identified.
(3) The State Court Administrator shall approve all parenting education courses under the act.
(4) The basic level parenting education course pursuant to this section shall be designed to educate the parties about the impact of the pending court action upon the child and appropriate application of parenting functions. The course shall include, but not be limited to, information on the developmental stages of children, adjustment of a child to parental separation, the litigation and court process, alternative dispute resolution, conflict management, stress reduction, guidelines for parenting time, visitation, or other access, provisions for safety and transition plans, and information about parents and children affected by child abuse or neglect, domestic intimate partner abuse, and unresolved parental conflict.
(5) The second-level parenting education course pursuant to this section shall include, but not be limited to, information about development of provisions for safety and transition plans, the potentially harmful impact of domestic intimate partner abuse and unresolved parental conflict on the child, use of effective communication techniques and protocols, resource and referral information for victim and perpetrator services, batterer intervention programs, and referrals for mental health services, substance abuse services, and other community resources.
(6) Each party shall be responsible for the costs, if any, of attending any court-ordered parenting education course. At the request of any party, or based upon screening or recommendation of a mediator, the parties shall be allowed to attend separate courses or to attend the same course at different times, particularly if child abuse or neglect, domestic intimate partner abuse, or unresolved parental conflict is or has been present in the relationship or one party has threatened the other party.
Source
Laws 2007, LB554, § 9;
Laws 2008, LB1014, § 59.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2934 - Restraining order, protection order, or criminal no-contact order; effect; court findings; court powers and duties.

43-2934.
Restraining order, protection order, or criminal no-contact order; effect; court findings; court powers and duties.
(1) Whenever custody, parenting time, visitation, or other access is granted to a parent in a case in which domestic intimate partner abuse is alleged and a restraining order, protection order, or criminal no-contact order has been issued, the custody, parenting time, visitation, or other access order shall specify the time, day, place, and manner of transfer of the child for custody, parenting time, visitation, or other access to limit the child's exposure to potential domestic conflict or violence and to ensure the safety of all family members. If the court finds that a party is staying in a place designated as a shelter for victims of domestic abuse or other confidential location, the time, day, place, and manner of transfer of the child for custody, parenting time, visitation, or other access shall be designed to prevent disclosure of the location of the shelter or other confidential location.
(2) When making an order or parenting plan for custody, parenting time, visitation, or other access in a case in which domestic abuse is alleged and a restraining order, protection order, or criminal no-contact order has been issued, the court shall consider whether the best interests of the child, based upon the circumstances of the case, require that any custody, parenting time, visitation, or other access arrangement be limited to situations in which a third person, specified by the court, is present, or whether custody, parenting time, visitation, or other access should be suspended or denied.
(3) When required by the best interests of the child, the court may enter a custody, parenting time, visitation, or other access order that is inconsistent with an existing restraining order, protection order, or criminal no-contact order. However, it may do so only if it has jurisdiction and authority to do so.
(4) If the court lacks jurisdiction or is otherwise unable to modify the restraining order, protection order, or criminal no-contact order, the court shall require that a certified copy of the custody, parenting time, visitation, or other access order be placed in the court file containing the restraining order, protection order, or criminal no-contact order.
Source
Laws 2007, LB554, § 15;
Laws 2008, LB1014, § 63.