reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-117.02 - Child with special needs; adoptive parents; reimbursement for adoption expenses.

43-117.02.
Child with special needs; adoptive parents; reimbursement for adoption expenses.
The Department of Health and Human Services may make a payment of up to two thousand dollars on behalf of a child with special needs after the legal completion of the child's adoption. The payment to the adoptive parents shall be a reimbursement for nonrecurring adoption expenses, including reasonable and necessary adoption fees, court costs, attorney's fees, and other expenses which are directly related to the legal adoption of the child, which are not incurred in violation of law, and which have not been reimbursed from any other source or funds.
Source
Laws 1990, LB 1070, § 2;
Laws 1996, LB 1044, § 116.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-117.03 - Adoption assistance payments; cease; when; exceptions.

43-117.03.
Adoption assistance payments; cease; when; exceptions.
Payment of adoption assistance provided for by section 43-117 ceases upon the death of the adoptive parent or parents except (1) in cases in which the adoption assistance agreement provides for assignment to a guardian or conservator or (2) for up to six months pending the appointment of a guardian or conservator if the child is placed in the temporary custody of a family member or other individual.
Payment of adoption assistance provided by section 43-117 ceases upon placement of the child with the Department of Health and Human Services or a child placement agency.
Source
Laws 2012, LB1062, § 2.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-118 - Assistance; conditions.

43-118.
Assistance; conditions.
All actions of the Department of Health and Human Services under the programs authorized by sections 43-117 to 43-117.03 and 43-118.02 shall be subject to the following criteria:
(1) The child so adopted shall have been a child for whom adoption would not have been possible without the financial aid provided for by sections 43-117 to 43-117.03 and 43-118.02; and
(2) The department shall adopt and promulgate rules and regulations for the administration of sections 43-117 to 43-118 and 43-118.02.
Source
Laws 1971, LB 425, § 2;
Laws 1990, LB 1070, § 3;
Laws 1996, LB 1044, § 117;
Laws 2007, LB296, § 68;
Laws 2012, LB1062, § 3.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-118.01 - Ward of state; adoption assistance payment.

43-118.01.
Ward of state; adoption assistance payment.
(1) For adoptions decreed on or after January 1, 2000, and on or before October 1, 2002, every individual or couple that adopts a ward of the State of Nebraska shall be entitled to a payment of one thousand dollars for the year of adoption and for up to four succeeding years. Payments shall be made after approval of an application submitted by the adoptive parent or parents to the Department of Health and Human Services. The application shall be on a form prescribed by the department. An application shall be submitted during January of the year following the year for which the payment is sought. An applicant shall be eligible for payment for the year of adoption and for the earliest of four subsequent years or until the adopted child reaches the age of majority, is emancipated, or is no longer living in the home of the adoptive parent or parents. To be eligible for payment in the years subsequent to the adoption, the requirements of this section must be met for the entire year.
(2) The department shall review all applications for eligibility for payment. The department shall approve or deny payment within thirty days after receipt of the application. If approved, the department shall certify the necessary information to the Director of Administrative Services for the issuance of a warrant. Warrants shall be issued within thirty days after certification. Any person aggrieved by a decision of the department may appeal. The appeal shall be in accordance with the Administrative Procedure Act.
(3) The department shall adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2000, LB 482, § 1;
Laws 2002, Second Spec. Sess., LB 22, § 1.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-118.02 - Written adoption assistance agreement; required; contents.

43-118.02.
Written adoption assistance agreement; required; contents.
Before a final decree of adoption is issued, the Department of Health and Human Services and the adoptive parent or parents shall enter into a written adoption assistance agreement stating the terms of assistance as provided for by sections 43-117 to 43-118 if the child is eligible for such assistance and designating a guardian for the child in case of the death of the adoptive parent or parents.
Source
Laws 2012, LB1062, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-119 - Definitions, where found.

43-119.
Definitions, where found.
For purposes of sections 43-119 to 43-146.16, unless the context otherwise requires, the definitions found in sections 43-121 to 43-123.01 shall be used.
Source
Laws 1980, LB 992, § 1;
Laws 1988, LB 372, § 5;
Laws 1997, LB 307, § 22;
Laws 2007, LB296, § 69.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-123.01 - Medical history, defined.

43-123.01.
Medical history, defined.
Medical history shall mean medical history as defined by the department in its rules and regulations and shall include the race, ethnicity, nationality, Indian tribe when applicable and in compliance with the Nebraska Indian Child Welfare Act, or other cultural history of both biological parents, if available.
Source
Laws 1988, LB 372, § 22;
Laws 1996, LB 1044, § 120;
Laws 2007, LB296, § 71;
Laws 2011, LB124, § 2.
Cross References
Nebraska Indian Child Welfare Act, see section 43-1501.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-124 - Department; provide relative consent form.

43-124.
Department; provide relative consent form.
The department shall provide a form which may be signed by a relative indicating the fact that such relative consents to his or her name being released to such relative's adopted person as provided by sections 43-113, 43-119 to 43-146.16, 71-626, 71-626.01, and 71-627.02. Such consent shall be effective as of the time of filing the form with the department.
Source
Laws 1980, LB 992, § 6;
Laws 1997, LB 307, § 24;
Laws 2007, LB296, § 72.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-125 - Relative consent form.

43-125.
Relative consent form.
The form provided by section 43-124 shall contain the following information:
(1) The name of the person completing the form and, if different, the name of such person at the time of birth of the adopted person;
(2) The relationship of the person to the adopted person;
(3) The date of birth of the adopted person;
(4) The sex of the adopted person;
(5) The place of birth of the adopted person;
(6) Authorization that the name, last-known address, and last-known telephone number of the relative and the original birth certificate of the adopted person may be released to the adopted person as provided by sections 43-113, 43-119 to 43-146.16, 71-626, 71-626.01, and 71-627.02; and
(7) A notice in the following form:
IMPORTANT NOTICE
You do not have to sign this form. If you do sign it, you are entitled to a copy of it. Your signature on this form allows the Department of Health and Human Services to give your name and other information to the adopted person designated, upon his or her written request after reaching twenty-five years of age. You may file additional copies of this consent if your name or address changes. You may revoke this consent at any time by filing a revocation of consent with the Department of Health and Human Services.
Source
Laws 1980, LB 992, § 7;
Laws 1997, LB 307, § 25;
Laws 2007, LB296, § 73.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-126 - Relative; revocation of consent; form.

43-126.
Relative; revocation of consent; form.
At any time after signing the consent form, a relative may revoke such consent form. A form for revocation of consent shall be provided by the department. The revocation shall be effective as of the time of filing the form with the department. The revocation form shall contain the following notice:
IMPORTANT NOTICE
You do not have to sign this form. If you do sign it, you are entitled to a copy of it. Your signature on this form means that the Department of Health and Human Services will not disclose your name or address to any person without a court order. If you sign this form and later decide you do want your name and address given to a relative properly requesting the information, you may file another consent for that purpose.
Source
Laws 1980, LB 992, § 8;
Laws 1997, LB 307, § 26;
Laws 2007, LB296, § 74.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-127 - Relative; consent and revocation forms; notarized; filing.

43-127.
Relative; consent and revocation forms; notarized; filing.
The forms provided by sections 43-124 and 43-126 shall be notarized and filed with the department which shall keep such forms with all other records of an individual adopted person.
Source
Laws 1980, LB 992, § 9;
Laws 1997, LB 307, § 27;
Laws 2007, LB296, § 75.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-128 - Medical history; access; contents.

43-128.
Medical history; access; contents.
A child placement agency shall maintain, and shall provide to the adopting parents upon placement of the person with such parents and to the adopted person upon his or her request, the available medical history of the person placed for adoption and of the biological parents. The medical history shall not include the names of the biological parents of the adopted person or the place of birth of the adopted person.
Source
Laws 1980, LB 992, § 10;
Laws 1983, LB 146, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-129 - Original birth certificate; access by medical professionals; when.

43-129.
Original birth certificate; access by medical professionals; when.
If at any time an individual licensed to practice medicine and surgery pursuant to the Medicine and Surgery Practice Act or licensed to engage in the practice of psychology pursuant to the Psychology Practice Act, through his or her professional relationship with an adopted person, determines that information contained on the original birth certificate of the adopted person may be necessary for the treatment of the health of the adopted person, whether physical or mental in nature, he or she may petition a court of competent jurisdiction for the release of the information contained on the original birth certificate, and the court may release the information on good cause shown.
Source
Laws 1980, LB 992, § 11;
Laws 1988, LB 372, § 23;
Laws 1994, LB 1210, § 6;
Laws 1999, LB 366, § 5;
Laws 2007, LB463, § 1131.
Cross References
Medicine and Surgery Practice Act, see section 38-2001.
Psychology Practice Act, see section 38-3101.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-130 - Adopted person; request for information; form.

43-130.
Adopted person; request for information; form.
Except as otherwise provided in the Nebraska Indian Child Welfare Act, an adopted person twenty-five years of age or older born in this state who desires access to the names of relatives or access to his or her original certificate of birth shall file a written request for such information with the department. The department shall provide a form for making such a request.
Source
Laws 1980, LB 992, § 12;
Laws 1985, LB 255, § 26;
Laws 1997, LB 307, § 28;
Laws 2007, LB296, § 76.
Cross References
Nebraska Indian Child Welfare Act, see section 43-1501.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-131 - Release of information; procedure.

43-131.
Release of information; procedure.
(1) Upon receipt of a request for information, the department shall check the records of the adopted person making the request to determine whether the consent form provided by section 43-124 has been signed and filed by any relative of the adopted person and whether an unrevoked nonconsent form is on file from a biological parent or parents pursuant to section 43-132 or from an adoptive parent or parents pursuant to section 43-143.
(2) If the consent form has been signed and filed and has not been revoked and if no nonconsent form has been filed by an adoptive parent or parents pursuant to section 43-143, the department shall release the information on such form to the adopted person.
(3) If no consent forms have been filed, or if the consent form has been revoked, and if no nonconsent form has been filed pursuant to section 43-143, the following information shall be released to the adopted person:
(a) The name and address of the court which issued the adoption decree;
(b) The name and address of the child placement agency, if any, involved in the adoption; and
(c) The fact that an agency may assist the adopted person in searching for relatives as provided in sections 43-132 to 43-141.
(4) The provisions of this section shall not apply to persons subject to the Nebraska Indian Child Welfare Act.
Source
Laws 1980, LB 992, § 13;
Laws 1985, LB 255, § 27;
Laws 1997, LB 307, § 29;
Laws 2007, LB296, § 77.
Cross References
Nebraska Indian Child Welfare Act, see section 43-1501.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-132 - Biological parent; notice of nonconsent; filing.

43-132.
Biological parent; notice of nonconsent; filing.
A biological parent or parents may at any time, if they desire, file a notice of nonconsent with the department stating that at no time after his or her death and prior to the death of his or her spouse, if such spouse is not a biological parent, may any information on the adopted person's original birth certificate be released to such adopted person. The provisions of this section shall not apply to persons subject to the Nebraska Indian Child Welfare Act.
Source
Laws 1980, LB 992, § 14;
Laws 1985, LB 255, § 28;
Laws 1997, LB 307, § 30;
Laws 2007, LB296, § 78.
Cross References
Nebraska Indian Child Welfare Act, see section 43-1501.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-133 - Biological parent; nonconsent form.

43-133.
Biological parent; nonconsent form.
The nonconsent form provided for in section 43-132 shall contain the following information:
(1) The name of the person completing the form and, if different, the name of such person at the time of birth of the adopted person;
(2) The relationship of the person to the adopted person;
(3) The date of birth of the adopted person;
(4) The sex of the adopted person;
(5) The place of birth of the adopted person;
(6) A statement that no information concerning the information contained in the original birth certificate of the adopted person shall be released following the death of the parent or parents signing the form and such information shall not be released to the adopted person prior to the death of the spouse of such parent or parents, if such spouse is not a biological parent; and
(7) A notice in the following form:
IMPORTANT NOTICE
You do not have to sign this form. If you do sign it, you are entitled to a copy of it. Your signature on this form means that the Department of Health and Human Services will not disclose any information contained on the birth certificate of the adopted person to any person following your death and prior to the death of your spouse, if such spouse is not a biological parent, without a court order. If you later decide that you do not object to the release of such information you may file a form stating that purpose.
Source
Laws 1980, LB 992, § 15;
Laws 1997, LB 307, § 31;
Laws 2007, LB296, § 79.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-134 - Biological parent; revocation of nonconsent; form.

43-134.
Biological parent; revocation of nonconsent; form.
At any time after signing the notice of nonconsent provided for in section 43-132, the parent or parents may revoke such notice. A form of revocation shall be provided by the department and shall take effect at the time of filing of the form with the department. The revocation form shall contain the following notice:
IMPORTANT NOTICE
You do not have to sign this form. If you do sign it, you are entitled to a copy of it. Your signature on this form means that the Department of Health and Human Services may disclose any information contained on the birth certificate of the adopted person following your death. If you sign this form and later decide you do not want this information released following your death and prior to the death of your spouse, if such spouse is not a biological parent, you may file another form for that purpose.
Source
Laws 1980, LB 992, § 16;
Laws 1997, LB 307, § 32;
Laws 2007, LB296, § 80.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-135 - Biological parent; deceased; release of information.

43-135.
Biological parent; deceased; release of information.
If the department has information indicating that both biological parents of the adopted person are deceased, or if only one biological parent is known and information indicates that such parent is deceased, and no nonconsent form, as provided in section 43-132 or 43-143, has been filed, all information on the adopted person's original birth certificate regarding such deceased parent or parents shall be released to the adopted person notwithstanding the fact that no consent form was signed and filed by such deceased parent or parents prior to death.
Source
Laws 1980, LB 992, § 17;
Laws 1997, LB 307, § 33;
Laws 2007, LB296, § 81.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-136 - Release of original birth certificate; when.

43-136.
Release of original birth certificate; when.
If a consent form has been signed and filed by both biological parents or by the biological mother of a child born out of wedlock, and no nonconsent form, as provided in section 43-143, has been filed, a copy of the adopted person's original birth certificate shall be provided to the adopted person.
Source
Laws 1980, LB 992, § 18.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-137 - Adopted person; contact child placement agency or department; when.

43-137.
Adopted person; contact child placement agency or department; when.
If an adopted person twenty-five years of age or older, after following the procedures set forth in sections 43-130 and 43-131 is not able to obtain information about such person's relatives, such person may then contact the child placement agency which handled the adoption if the name of the agency has been given to the adopted person by the department. If it is not feasible for the adopted person to contact the agency, such person may contact the department.
Source
Laws 1980, LB 992, § 19;
Laws 1997, LB 307, § 34;
Laws 2007, LB296, § 82.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-138 - Department or agency; acquire information in court or department records; disclosure requirements.

43-138.
Department or agency; acquire information in court or department records; disclosure requirements.
After being contacted by an adopted person, if no valid nonconsent form, as provided in section 43-132 or 43-143, is on file, the department or agency as the case may be shall apply to the clerk of the court which issued the adoption decree or the department for any information in the records of the court or the department regarding the adopted person or his or her relatives, including names, locations, and any birth, marriage, divorce, or death certificates. Any information which is available shall be given only to the department or agency. The department or agency shall keep such information confidential and shall not disclose it either directly or indirectly to the adopted person. The provisions of this section shall not apply to persons subject to the Nebraska Indian Child Welfare Act.
Source
Laws 1980, LB 992, § 20;
Laws 1985, LB 255, § 29;
Laws 1993, LB 205, § 1;
Laws 1997, LB 307, § 35;
Laws 1998, LB 1041, § 14;
Laws 2007, LB296, § 83.
Cross References
Nebraska Indian Child Welfare Act, see section 43-1501.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-139 - Court or department records provided; record required.

43-139.
Court or department records provided; record required.
When any information is provided to the department or agency pursuant to section 43-138, the person providing the information shall record in the records of the adopted person the nature of the information disclosed, to whom the information was disclosed, and the date of the disclosure.
Source
Laws 1980, LB 992, § 21;
Laws 1993, LB 205, § 2;
Laws 1997, LB 307, § 36;
Laws 2007, LB296, § 84.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-140 - Department or agency; contact relative; limitations; reunion or release of information; when.

43-140.
Department or agency; contact relative; limitations; reunion or release of information; when.
(1) Upon determining the identity and location of the relative being sought, the department or agency shall attempt to contact the relative to determine such relative's willingness to be contacted by the adopted person.
(2) In contacting the relative, the department or agency shall not discuss or reveal in any other manner to any person other than that particular relative who is being sought the nature of the contact, the name, nature, or business of the adoption agency, or any other information which might indicate or imply that such relative is the biological parent of an adopted person.
(3) In contacting the relative, the department or agency shall not reveal the identity or any other information about the adopted person.
(4) No reunion of a relative and an adopted person shall be arranged, nor shall any information about the relative be released to the adopted person until such relative has signed the consent form provided by section 43-124 and the form has been filed with the department.
Source
Laws 1980, LB 992, § 22;
Laws 1997, LB 307, § 37;
Laws 2007, LB296, § 85.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-141 - Department or agency; fees; rules and regulations.

43-141.
Department or agency; fees; rules and regulations.
The department or agency may charge a reasonable fee in an amount established by the department or agency in rules and regulations to recover expenses in carrying out sections 43-137 to 43-140. The department or agency shall use the fees to defray costs incurred to carry out such sections. The department or agency may waive the fee if the requesting party shows that the fee would work an undue financial hardship on the party.
The department may adopt and promulgate rules and regulations to carry out such sections.
Source
Laws 1980, LB 992, § 23;
Laws 1993, LB 205, § 3;
Laws 1997, LB 307, § 38;
Laws 2007, LB296, § 86.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-142 - Department or agency; file report with clerk.

43-142.
Department or agency; file report with clerk.
The department or an agency which receives information as provided in section 43-138 shall file a written report with the clerk of the court within nine months of receipt of the information. The report shall indicate whether the relative has been located and whether a contact between the relative and the adopted person has been arranged or has occurred. If the relative has not been located, the report shall set forth the efforts made to identify and locate the relative.
Source
Laws 1980, LB 992, § 24;
Laws 1997, LB 307, § 39;
Laws 2007, LB296, § 87.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-143 - Adoptive parent; notice of nonconsent; filing.

43-143.
Adoptive parent; notice of nonconsent; filing.
For adoptions in which the relinquishment or consent for adoption was given prior to July 20, 2002: An adoptive parent or parents may at any time, if they desire, file a notice of nonconsent with the department stating that at no time prior to his or her death or the death of both parents if each signed the form may any information on the adopted person's original birth certificate be released to such adopted person. The provisions of this section shall not apply to persons subject to the Nebraska Indian Child Welfare Act.
Source
Laws 1980, LB 992, § 25;
Laws 1985, LB 255, § 30;
Laws 1997, LB 307, § 40;
Laws 2002, LB 952, § 3;
Laws 2007, LB296, § 88.
Cross References
Nebraska Indian Child Welfare Act, see section 43-1501.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-144 - Adoptive parent; nonconsent form.

43-144.
Adoptive parent; nonconsent form.
The nonconsent form provided for in section 43-143 shall contain the following information:
(1) The name of the person completing the form and, if different, the name of such person at the time of birth of the adopted person;
(2) The relationship of the person to the adopted person;
(3) The date of birth of the adopted person;
(4) The sex of the adopted person;
(5) The place of birth of the adopted person;
(6) A statement that no information concerning the information contained in the original birth certificate of the adopted person shall be released prior to the death of the adoptive parent or parents signing the form; and
(7) A notice in the following form:
IMPORTANT NOTICE
You do not have to sign this form. If you do sign it, you are entitled to a copy of it. Your signature on this form means that the Department of Health and Human Services will not disclose any information contained on the birth certificate of the adopted person to any person prior to your death and the death of your spouse, if he or she signed the form, without a court order. If you later decide that you do not object to the release of such information you may file a form stating that purpose.
Source
Laws 1980, LB 992, § 26;
Laws 1997, LB 307, § 41;
Laws 2007, LB296, § 89.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-145 - Adoptive parent; revocation of nonconsent; form.

43-145.
Adoptive parent; revocation of nonconsent; form.
At any time after signing the notice of nonconsent provided for in section 43-143, the adoptive parent or parents may revoke such notice. A form of revocation shall be provided by the department and shall take effect at the time of filing of the form with the department. The revocation form shall contain the following notice:
IMPORTANT NOTICE
You do not have to sign this form. If you do sign it, you are entitled to a copy of it. Your signature on this form means that the Department of Health and Human Services may disclose any information contained on the birth certificate of the adopted person pursuant to sections 43-113, 43-119 to 43-146.16, 71-626, 71-626.01, and 71-627.02. If you sign this form and later decide you do not want this information released prior to your death you may file another form for that purpose.
Source
Laws 1980, LB 992, § 27;
Laws 1997, LB 307, § 42;
Laws 2007, LB296, § 90.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146 - Forms; notarized; filing.

43-146.
Forms; notarized; filing.
The forms provided by sections 43-132, 43-134, 43-143, and 43-145 shall be notarized and filed with the department which shall keep such forms with all other records of an individual adopted person.
Source
Laws 1980, LB 992, § 28;
Laws 1997, LB 307, § 43;
Laws 2007, LB296, § 91.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.01 - Sections; applicability.

43-146.01.
Sections; applicability.
(1) Sections 43-106.02, 43-121, 43-123.01, and 43-146.02 to 43-146.16 shall provide the procedures for gaining access to information concerning an adopted person when a relinquishment or consent for an adoption is given on or after September 1, 1988.
(2) Sections 43-119 to 43-142 shall remain in effect for a relinquishment or consent for an adoption which is given prior to September 1, 1988.
(3) Except as otherwise provided in subsection (2) of section 43-107 and subsection (4) of this section: Sections 43-101 to 43-118, 43-143 to 43-146, 43-146.17, 71-626, 71-626.01, and 71-627.02 shall apply to all adoptions.
(4) Sections 43-143 to 43-146 shall not apply to adopted persons for whom a relinquishment or consent for adoption was given on and after July 20, 2002.
Source
Laws 1988, LB 372, § 6;
Laws 1988, LB 301, § 9;
Laws 2002, LB 952, § 4;
Laws 2011, LB94, § 3;
Laws 2012, LB768, § 3;
Laws 2022, LB741, § 30.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.02 - Medical history; requirements.

43-146.02.
Medical history; requirements.
A child placement agency, the department, or a private agency handling the adoption, as the case may be, shall maintain and shall provide to the adopting parents upon placement of the person with such parents and to the adopted person, upon his or her request, the available medical history of the person placed for adoption and of the biological parents. The medical history shall not include the names of the biological parents of the adopted person or any other identifying information.
Source
Laws 1988, LB 372, § 7;
Laws 1997, LB 307, § 44;
Laws 2007, LB296, § 92.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.03 - Information on original birth certificate; release; when.

43-146.03.
Information on original birth certificate; release; when.
If at any time an individual licensed to practice medicine and surgery pursuant to the Medicine and Surgery Practice Act or licensed to engage in the practice of psychology pursuant to the Psychology Practice Act, through his or her professional relationship with an adopted person, determines that information contained on the original birth certificate of the adopted person may be necessary for the treatment of the health of the adopted person, whether physical or mental in nature, he or she may petition a court of competent jurisdiction for the release of the information contained on the original birth certificate, and the court may release the information on good cause shown.
Source
Laws 1988, LB 372, § 8;
Laws 1994, LB 1210, § 7;
Laws 1999, LB 366, § 6;
Laws 2007, LB463, § 1132.
Cross References
Medicine and Surgery Practice Act, see section 38-2001.
Psychology Practice Act, see section 38-3101.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.04 - Adopted person; request for information; form.

43-146.04.
Adopted person; request for information; form.
An adopted person twenty-one years of age or older born in this state who desires access to the names of relatives or access to his or her original certificate of birth shall file a written request for such information with the department. The department shall provide a form for making such request.
Source
Laws 1988, LB 372, § 9;
Laws 1997, LB 307, § 45;
Laws 2007, LB296, § 93.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.05 - Release of information; procedure.

43-146.05.
Release of information; procedure.
(1) Upon receipt of a request for information made under section 43-146.04, the department shall check the records of the adopted person to determine whether an unrevoked nonconsent form is on file from a biological parent pursuant to section 43-146.06.
(2) If no nonconsent form has been filed pursuant to section 43-146.06, the following information shall be released to the adopted person:
(a) The name and address of the court which issued the adoption decree;
(b) The name and address of the child placement agency, if any, involved in the adoption;
(c) The fact that an agency or the department may assist the adopted person in searching for relatives as provided in sections 43-146.10 to 43-146.14;
(d) A copy of the person's original birth certificate; and
(e) A copy of the person's medical history and any medical records on file.
(3) If an unrevoked nonconsent form has been filed pursuant to section 43-146.06, no information may be released to the adopted person except a copy of the person's medical history as provided in section 43-107 if requested. The medical history shall not include the names of the biological parents or relatives of the adopted person or any other identifying information.
Source
Laws 1988, LB 372, § 10;
Laws 1997, LB 307, § 46;
Laws 2007, LB296, § 94.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.06 - Biological parent; notice of nonconsent; filing; failure to sign; effect.

43-146.06.
Biological parent; notice of nonconsent; filing; failure to sign; effect.
A biological parent may at any time file a notice of nonconsent with the department stating that at no time prior to his or her death may any information on the adopted person's original birth certificate or any other identifying information, except medical histories as provided in section 43-107, be released to such adopted person. Failure by a biological parent to sign the notice of nonconsent shall be deemed a notice of consent by such parent to release the adopted person's original birth certificate to such adopted person.
Source
Laws 1988, LB 372, § 11;
Laws 1997, LB 307, § 47;
Laws 2007, LB296, § 95.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.07 - Biological parent; nonconsent form.

43-146.07.
Biological parent; nonconsent form.
The nonconsent form provided for in section 43-146.06 shall be designed by the department and shall contain the following information:
(1) The name of the person completing the form and, if different, the name of such person at the time of birth of the adopted person;
(2) The relationship of the person to the adopted person;
(3) The date of birth of the adopted person;
(4) The sex of the adopted person;
(5) The place of birth of the adopted person;
(6) A statement that no information contained in the original birth certificate or any other identifying information, except medical histories as provided in section 43-107, shall be released prior to the death of the parent signing the form;
(7) A statement that the person signing understands the effect and consequences of filing or not filing a nonconsent form; and
(8) A notice in the following form:
IMPORTANT NOTICE
You do not have to sign this form. If you do sign it, you are entitled to a copy of it. Your signature on this form means that the Department of Health and Human Services will not disclose any information contained in the original birth certificate of the adopted person or any other identifying information to any person prior to your death without a court order. If you later decide that you do not object to the release of such information, you may file a form stating that purpose.
Source
Laws 1988, LB 372, § 12;
Laws 1997, LB 307, § 48;
Laws 2007, LB296, § 96.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.08 - Biological parent; revocation of nonconsent; form.

43-146.08.
Biological parent; revocation of nonconsent; form.
At any time after signing the notice of nonconsent provided for in section 43-146.06, the biological parent may revoke such notice. A form of revocation shall be provided by the department and shall take effect at the time of filing of the form with the department. The revocation form shall contain the following notice:
IMPORTANT NOTICE
You do not have to sign this form. If you do sign it, you are entitled to a copy of it. Your signature on this form means that the Department of Health and Human Services may at any time disclose to the adopted person any information contained on the original birth certificate of the adopted person.
Source
Laws 1988, LB 372, § 13;
Laws 1997, LB 307, § 49;
Laws 2007, LB296, § 97.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.09 - Biological parent; deceased; release of information.

43-146.09.
Biological parent; deceased; release of information.
If the department has verified information indicating that both biological parents of the adopted person are deceased or if only one biological parent is known and verified information indicates that such parent is deceased, all information on the adopted person's original birth certificate regarding such deceased parent or parents shall be released to the adopted person upon request. The department shall establish a policy for verifying information about the death of the biological parent or parents.
Source
Laws 1988, LB 372, § 14;
Laws 1997, LB 307, § 50;
Laws 2007, LB296, § 98.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.10 - Adopted person; contact child placement agency or department; when.

43-146.10.
Adopted person; contact child placement agency or department; when.
If an adopted person twenty-one years of age or older, after following the procedures set forth in sections 43-146.04 and 43-146.05, is unable to obtain information about the adopted person's relatives and there is no unrevoked nonconsent form as provided in section 43-146.06 on file with the department, such person may then contact the child placement agency which handled the adoption or the department.
Source
Laws 1988, LB 372, § 15;
Laws 1997, LB 307, § 51;
Laws 2007, LB296, § 99.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.11 - Department or agency; acquire information in court or department records; disclosure requirements.

43-146.11.
Department or agency; acquire information in court or department records; disclosure requirements.
After being contacted by an adopted person as provided in section 43-146.10, the department or agency, as the case may be, shall verify that no unrevoked nonconsent form is on file with the department. If an unrevoked nonconsent form is not on file, the department or agency, as the case may be, shall apply to the clerk of the court which issued the adoption decree or the department for any information in the court or department records regarding the adopted person or his or her relatives, including names, locations, and any birth, marriage, divorce, or death certificates. Any information which is available shall be given by the court or department only to the department or agency. The department or agency shall keep such information confidential.
Source
Laws 1988, LB 372, § 16;
Laws 1993, LB 205, § 4;
Laws 1997, LB 307, § 52;
Laws 1998, LB 1041, § 15;
Laws 2007, LB296, § 100.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.12 - Court or department records provided; record required.

43-146.12.
Court or department records provided; record required.
When any information is provided to the department or agency pursuant to section 43-146.11, the person providing the information shall record in the records of the adopted person the nature of the information disclosed, to whom the information was disclosed, and the date of the disclosure.
Source
Laws 1988, LB 372, § 17;
Laws 1993, LB 205, § 5;
Laws 1997, LB 307, § 53;
Laws 2007, LB296, § 101.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.13 - Department or agency; contact relative; release of information; condition.

43-146.13.
Department or agency; contact relative; release of information; condition.
(1) Upon determining the identity and location of the relative being sought, the department or agency shall attempt to contact the relative to determine such relative's willingness to be contacted by the adopted person.
(2) Information about the relative shall not be released to the adopted person by the department or agency unless such relative agrees to be contacted by the adopted person.
Source
Laws 1988, LB 372, § 18;
Laws 1997, LB 307, § 54;
Laws 2007, LB296, § 102.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.14 - Department or agency; fees; department; rules and regulations.

43-146.14.
Department or agency; fees; department; rules and regulations.
The department or agency may charge a reasonable fee in an amount established by the department or agency in rules and regulations to recover expenses in carrying out sections 43-146.10 to 43-146.13. The department or agency shall use the fees to defray costs incurred to carry out such sections. The department or agency may waive the fee if the requesting party shows that the fee would work an undue financial hardship on the party.
The department may adopt and promulgate rules and regulations to carry out sections 43-123.01 and 43-146.01 to 43-146.16.
Source
Laws 1988, LB 372, § 19;
Laws 1993, LB 205, § 6;
Laws 1997, LB 307, § 55;
Laws 2007, LB296, § 103.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.15 - Department or agency; written report; contents.

43-146.15.
Department or agency; written report; contents.
The department or an agency which receives information as provided in section 43-146.11 shall file a written report with the clerk of the court or department within nine months of receipt of the information. The report shall indicate whether the relative has been located and whether a contact between the relative and the adopted person has been arranged or has occurred. If the relative has not been located, the report shall set forth the efforts made to identify and locate the relative.
Source
Laws 1988, LB 372, § 20;
Laws 1997, LB 307, § 56;
Laws 2007, LB296, § 104.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.16 - Forms; notarized; filing.

43-146.16.
Forms; notarized; filing.
The forms provided by sections 43-146.06 and 43-146.08 shall be notarized and filed with the department which shall keep such forms with all other records of the adopted person.
Source
Laws 1988, LB 372, § 21;
Laws 1997, LB 307, § 57;
Laws 2007, LB296, § 105.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-146.17 - Heir of adopted person; access to information; when; fee.

43-146.17.
Heir of adopted person; access to information; when; fee.
(1) Notwithstanding sections 43-119 to 43-146.16 and except as otherwise provided in this section, an heir twenty-one years of age or older of an adopted person shall have access to all information on file at the Department of Health and Human Services related to such adopted person, including information contained in the original birth certificate of the adopted person, if: (a)(i) The adopted person is deceased, (ii) both biological parents of the adopted person are deceased or, if only one biological parent is known, such parent is deceased, and (iii) each spouse of the biological parent or parents of the adopted person, if any, is deceased, if such spouse is not a biological parent; or (b) at least one hundred years has passed since the birth of the adopted person.
(2) The following information relating to an adopted person shall not be released to the heir of such person under this section: (a) Tests conducted for the human immunodeficiency virus or acquired immunodeficiency syndrome; (b) the revocation of a license to practice medicine in the State of Nebraska; (c) child protective services reports or records; (d) adult protective services reports or records; (e) information from the central registry of child protection cases and the Adult Protective Services Central Registry; or (f) law enforcement investigative reports.
(3) The department shall provide a form that an heir of an adopted person may use to request information under this section. The department may charge a reasonable fee in an amount established by rules and regulations of the department to recover expenses incurred by the department in carrying out this section. Such fee may be waived if the requesting party shows that the fee would work an undue financial hardship on the party. When any information is provided to an heir of an adopted person under this section, the disclosure of such information shall be recorded in the records of the adopted person, including the nature of the information disclosed, to whom the information was disclosed, and the date of the disclosure.
(4) For purposes of this section, an heir of an adopted person means a direct biological descendent of such adopted person.
(5) The department may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2002, LB 952, § 1;
Laws 2005, LB 61, § 1;
Laws 2007, LB296, § 106;
Laws 2014, LB853, § 20.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-147 - Legislative findings.

43-147.
Legislative findings.
The Legislature finds that:
(1) Finding adoptive families for children for whom state assistance is provided pursuant to sections 43-117 to 43-118 and 43-118.02 and assuring the protection of the interests of the children affected during the entire assistance period require special measures when the adoptive parents move to other states or are residents of another state; and
(2) Providing medical and other necessary services for children, with state assistance, is more difficult when the services are provided in other states.
Source
Laws 1985, LB 447, § 1;
Laws 2012, LB1062, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-148 - Purposes of sections.

43-148.
Purposes of sections.
The purposes of sections 43-147 to 43-154 are to:
(1) Authorize the department to enter into interstate agreements with agencies of other states for the protection of children on whose behalf adoption assistance is being provided by the department; and
(2) Provide procedures for interstate children's adoption assistance payments, including medical payments.
Source
Laws 1985, LB 447, § 2.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-149 - Terms, defined.

43-149.
Terms, defined.
As used in sections 43-147 to 43-154, unless the context otherwise requires:
(1) Adoption assistance state shall mean the state that is signatory to an adoption assistance agreement in a particular case;
(2) Department shall mean the Department of Health and Human Services; and
(3) State shall mean a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.
Source
Laws 1985, LB 447, § 3;
Laws 1996, LB 1044, § 121.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-150 - Interstate compact; department; powers; effect.

43-150.
Interstate compact; department; powers; effect.
The department may develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in sections 43-147 to 43-154. When entered into and for so long as it shall remain in force, such a compact shall have the force and effect of law.
Source
Laws 1985, LB 447, § 4.