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2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1729 - Foreign support order; acceptance; procedure.

43-1729.
Foreign support order; acceptance; procedure.
Upon receiving a foreign support order and the documentation specified in section 43-1730 from an agency of another jurisdiction, an obligee, an obligor, or an attorney for either, the department shall transmit such order and documents to be filed with the clerk of the district court in the jurisdiction within this state in which income withholding is being sought. The clerk of the district court shall accept the documents filed, and such acceptance shall constitute entry of the foreign support order for purposes of income withholding.
The filing process required by this section shall not be construed as requiring an application, petition, answer, and hearing as might be required for the filing or registration of foreign judgments by the Nebraska Uniform Enforcement of Foreign Judgments Act or the Uniform Interstate Family Support Act.
Source
Laws 1985, Second Spec. Sess., LB 7, § 49;
Laws 1993, LB 458, § 13;
Laws 1993, LB 500, § 56;
Laws 2000, LB 972, § 26.
Cross References
Nebraska Uniform Enforcement of Foreign Judgments Act, see section 25-1587.01.
Uniform Interstate Family Support Act, see section 42-701.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1730 - Entry of foreign support order; documentation required.

43-1730.
Entry of foreign support order; documentation required.
The following documentation shall be required for the entry of a foreign support order:
(1) A certified copy of the foreign support order with all modifications;
(2) A certified copy of an income withholding order or notice, if any, still in effect;
(3) A copy of the portion of the income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining an income withholding order or notice under the law of such jurisdiction;
(4) A sworn statement of the obligee or certified statement of the requesting agency of the arrearages of child, spousal, or medical support payments and the assignment of the support rights, if any;
(5) A statement of the name, address, and social security number of the obligor, if known;
(6) A statement of the name and address of the obligor's employer or other payor or of any other source of income of the obligor derived in this state from which income withholding is sought; and
(7) A statement of the name and address of the agency or person to whom support payments collected by income withholding shall be transmitted.
Source
Laws 1985, Second Spec. Sess., LB 7, § 50;
Laws 1991, LB 457, § 38.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1731 - Documentation; remedy of defects.

43-1731.
Documentation; remedy of defects.
If the documentation received by the department does not conform to the requirements of section 43-1730, the department shall remedy any defect which it can without the assistance of the requesting agency or person. If the department is unable to make such corrections, the requesting agency or person shall immediately be notified of the necessary additions or corrections. In neither case shall the original documentation be returned. The department and the receiving court shall accept the documentation required by section 43-1730 even if it is not in the usual form required by state or local law or rules so long as the substantive requirements of such section are met.
Source
Laws 1985, Second Spec. Sess., LB 7, § 51.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1732 - Foreign support order; how enforced.

43-1732.
Foreign support order; how enforced.
A foreign support order entered pursuant to section 43-1729 shall be enforceable by withholding from income derived in this state in the manner and with the same effect as income withholding based on a support order of this state, except that any hearing requested by the obligor to contest any proposed income withholding shall be held by a court as provided in section 43-1733 instead of by the department. Entry of the order shall not confer jurisdiction on the courts of this state for any purpose other than income withholding.
Source
Laws 1985, Second Spec. Sess., LB 7, § 52.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1733 - Foreign support order; income withholding notice; contents; hearing; when held.

43-1733.
Foreign support order; income withholding notice; contents; hearing; when held.
Unless a foreign support order requires income withholding regardless of whether or not payment pursuant to such order is in arrears, within ten days after the date a foreign support order is entered pursuant to section 43-1729 the county attorney or authorized attorney shall serve upon the obligor notice of proposed income withholding in accordance with section 43-1720. The notice shall also advise the obligor that income withholding was requested on the basis of a foreign support order.
If the obligor seeks a hearing to contest the proposed income withholding, the county attorney or authorized attorney shall immediately notify the obligee and obligor or their attorneys of the date, time, and place of the hearing.
Any such hearing shall be held by the appropriate court in the same manner as a civil action except as provided otherwise in sections 43-1734 to 43-1737.
Source
Laws 1985, Second Spec. Sess., LB 7, § 53;
Laws 1993, LB 523, § 22.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1734 - Foreign support order; validity; prima facie evidence; allowable defenses.

43-1734.
Foreign support order; validity; prima facie evidence; allowable defenses.
At any hearing contesting a proposed income withholding based on a foreign support order entered under section 43-1729, the entered order, the certified copy of an income withholding order or notice, if any, still in effect, and the sworn or certified statement concerning arrearages and any assignment of rights shall constitute prima facie evidence, without further proof or foundation, that the support order is valid, that the amount of current support payments and arrearages is as stated, and that the obligee would be entitled to income withholding under the law of the jurisdiction which issued the support order.
Once a prima facie case has been established, the obligor may raise only the following defenses:
(1) That withholding is not proper because of a mistake of fact, that is not res judicata, concerning matters such as an error in the amount of current support owed or the arrearage that has accrued, mistaken identity of the obligor, or error in the amount of income to be withheld;
(2) That the court or agency which issued the support order lacked personal jurisdiction over the obligor;
(3) That the support order was obtained by fraud; or
(4) That the statute of limitations, as provided in subsection (3) of section 43-1742, precludes enforcement of all or part of the arrearages.
The burden shall be on the obligor to establish such defenses.
Source
Laws 1985, Second Spec. Sess., LB 7, § 54;
Laws 1991, LB 457, § 39.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1735 - Foreign support order; continuance; undisputed amount; withholding.

43-1735.
Foreign support order; continuance; undisputed amount; withholding.
If the obligor presents evidence which constitutes a full or partial defense under section 43-1734, the court shall, on the request of the obligee, continue the case to permit further evidence relative to the defense to be adduced by either party, except that if the obligor acknowledges liability sufficient to entitle the obligee to income withholding, the court shall require such withholding for the payment of current child, spousal, or medical support payments under the foreign support order and of so much of any arrearage as is not in dispute, while continuing the case with respect to those matters still in dispute. The court shall determine such matters as soon as possible and if appropriate shall modify the withholding order to conform to its determination.
Source
Laws 1985, Second Spec. Sess., LB 7, § 55;
Laws 1991, LB 457, § 40.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1736 - Foreign support order; discovery; testimony; evidence; voluntary testimony.

43-1736.
Foreign support order; discovery; testimony; evidence; voluntary testimony.
(1) In addition to other procedural devices available to a party, any party to an income withholding proceeding based on a foreign support order or a guardian ad litem or other representative of the child may adduce testimony of witnesses in another state, including the parties and any of the children, by deposition, by written discovery, by electronic discovery such as videotaped depositions, or by personal appearance before the court by telephone or electronic means. The court on its own motion may direct that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony shall be taken.
(2) A court of this state may request the appropriate court or agency of another state to hold a hearing to adduce evidence, to permit a deposition to be taken before the court or agency, to order a party to produce or give evidence under other procedures of that state, and to forward to the court of this state certified copies of the evidence adduced in compliance with the request.
(3) Upon request of a court or agency of another state, the courts of this state which are competent to hear support matters may order a person in this state to appear at a hearing or deposition before the court to adduce evidence or to produce or give evidence under other procedures available in this state. A certified copy of the evidence adduced, such as a transcript or videotape, shall be forwarded by the clerk of the court to the requesting court or agency.
(4) A person within this state may voluntarily testify by statement or affidavit in this state for use in a proceeding to obtain income withholding outside this state.
Source
Laws 1985, Second Spec. Sess., LB 7, § 56.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1737 - Income withholding; when effective.

43-1737.
Income withholding; when effective.
If the obligor does not request a hearing in the time provided or if the foreign support order provides for income withholding regardless of whether or not payment pursuant to such order is in arrears, the income withholding notice shall take effect and the obligor's employer or other payor shall be notified pursuant to section 43-1723. If a hearing is held and it is determined that the obligee has been or is entitled to income withholding under the local law of the jurisdiction which issued the foreign support order, the court shall issue an income withholding order to the obligor's employer or other payor in the same manner as the notice provided for in section 43-1723.
Source
Laws 1985, Second Spec. Sess., LB 7, § 57;
Laws 1986, LB 600, § 7;
Laws 1991, LB 457, § 41;
Laws 1993, LB 523, § 23.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1738 - Foreign support order entry; effect; amounts credited.

43-1738.
Foreign support order entry; effect; amounts credited.
A foreign support order entered pursuant to section 43-1729 shall not nullify and shall not be nullified by a support order made by a court of this state pursuant to any other law or by any other foreign support order. Amounts collected by any income withholding shall be credited against the amounts accruing or accrued for any period under any support order issued by this state which is the subject of an income withholding notice or any other foreign support order which is the subject of an income withholding order pursuant to section 43-1737.
Source
Laws 1985, Second Spec. Sess., LB 7, § 58.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1739 - Foreign support order; receipt of amendment or modification; effect.

43-1739.
Foreign support order; receipt of amendment or modification; effect.
Upon receiving a certified copy of any amendment or modification to a foreign support order entered pursuant to section 43-1729, the department shall initiate necessary procedures to amend or modify the income withholding order of this state which was based upon the foreign support order in the same manner as if it were a support order of this state.
Source
Laws 1985, Second Spec. Sess., LB 7, § 59.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1740 - Foreign support order; obligor; new or additional income or employment; county or authorized attorney; duties.

43-1740.
Foreign support order; obligor; new or additional income or employment; county or authorized attorney; duties.
If the county attorney or authorized attorney determines that an obligor subject to a foreign support order has obtained employment in another state or has a new or additional source of income in another state, he or she shall notify the agency or person who requested the income withholding of the changes and shall forward to such agency or person all information he or she has or can obtain with respect to the obligor's new address and the name and address of the obligor's new employer or other payor or other source of income. The county attorney or authorized attorney shall include with the notice a certified copy of the income withholding order or notice in effect in this state.
Source
Laws 1985, Second Spec. Sess., LB 7, § 60;
Laws 1991, LB 457, § 42.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1741 - Foreign support order; voluntary income withholding; procedure.

43-1741.
Foreign support order; voluntary income withholding; procedure.
Any person who is the obligor on a foreign support order may obtain voluntary income withholding by filing with the court a request for such withholding and a certified copy of the foreign support order. The court shall issue an income withholding order pursuant to section 43-1737. Payment shall be made to the State Disbursement Unit.
Source
Laws 1985, Second Spec. Sess., LB 7, § 61;
Laws 2000, LB 972, § 27.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1742 - Foreign support order; applicability of law.

43-1742.
Foreign support order; applicability of law.
(1) Except as provided in subsections (2) and (3) of this section, the local law of this state shall apply in all actions and proceedings concerning the issuance, enforcement, and duration of income withholding orders issued by a court of this state based upon a foreign support order entered pursuant to section 43-1729.
(2) The local law of the jurisdiction which issued the foreign support order shall govern the following:
(a) The interpretation of the support order including amount of support, form of payment, and duration of support;
(b) The amount of support arrearages necessary to require the issuance of an income withholding order or notice; and
(c) The definition of what costs, in addition to the periodic support obligation, are included as arrearages which are enforceable by income withholding, including, but not limited to, interest, attorney's fees, court costs, and costs of paternity testing.
(3) The court shall apply the statute of limitations for maintaining an action on arrearages of support payments of either the local law of this state or of the state which issued the foreign support order, whichever provides the longer period of time.
Source
Laws 1985, Second Spec. Sess., LB 7, § 62.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1743 - Consent to income withholding; when allowed; procedure.

43-1743.
Consent to income withholding; when allowed; procedure.
Nothing in the Income Withholding for Child Support Act shall be construed as prohibiting a person from consenting to an income withholding order as part of a property settlement agreement incorporated into a decree dissolving a marriage or by agreement in a proceeding in the county court, district court, county court sitting as a juvenile court, or separate juvenile court in which the payment of child, spousal, or medical support is an issue. Any such order or agreement shall be filed with the clerk of the district court who shall notify the person's employer or other payor, if any, of the order or agreement by first-class mail and file a record of such mailing in the court. The income withholding shall be treated in all other respects the same as an income withholding initiated pursuant to section 43-1720.
Source
Laws 1985, Second Spec. Sess., LB 7, § 63;
Laws 1991, LB 457, § 43;
Laws 1996, LB 1296, § 25.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1801 - Grandparent, defined.

43-1801.
Grandparent, defined.
As used in sections 43-1801 to 43-1803, unless the context otherwise requires, grandparent shall mean the biological or adoptive parent of a minor child's biological or adoptive parent. Such term shall not include a biological or adoptive parent of any minor child's biological or adoptive parent whose parental rights have been terminated.
Source
Laws 1986, LB 105, § 1.
Annotations
Under this section, "context" means the context of the statutory language and not the factual circumstances of an individual's case. As such, persons who acted as grandparents but were not the "biological or adoptive parent of [the] minor child's biological or adoptive parent" have no right to grandparent visitation under the grandparent visitation statutes. Heiden v. Norris, 300 Neb. 171, 912 N.W.2d 758 (2018).
Although the Nebraska grandparent visitation statutes recognize the interests of the child in the continuation of the grandparent relationship, under Nebraska's grandparent visitation statutes as a whole, the best interests of the child consideration does not deprive the parent of sufficient protection, because visitation will not be awarded where such visitation would adversely interfere with the parent-child relationship. Hamit v. Hamit, 271 Neb. 659, 715 N.W.2d 512 (2006).
Nebraska's grandparent visitation statutes are not unconstitutional on their face. Hamit v. Hamit, 271 Neb. 659, 715 N.W.2d 512 (2006).
Grandparents' standing is predicated upon their satisfying the statutory definition of "grandparent" at the time they filed their action for grandparent visitation. Dean D. v. Rachel S., 26 Neb. App. 678, 923 N.W.2d 87 (2018).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1901 - Legislative findings.

43-1901.
Legislative findings.
The Legislature hereby finds that the large number of confirmed cases of child abuse and neglect places an enormous burden upon the citizens and government of Nebraska because victimized and maltreated children often bear the scars of abuse and neglect for many years and even throughout their lives. The Legislature recognizes that siblings, parents, and entire families suffer from the disruption and turmoil which accompany incidents of child abuse and neglect.
The Legislature further recognizes that the taxpaying public labors under the heavy economic burden of paying for the destructive effects of child abuse including subsequent juvenile delinquency, educational problems, adult criminal activity, mental illness, and poor parenting behavior.
The Legislature further recognizes that child abuse and neglect is a problem that should be approached through prevention efforts and that society presently possesses the ability to prevent many of these problems before the suffering and social costs begin to mount.
It is the expressed intent of sections 43-1901 to 43-1906 to make the prevention of child abuse and neglect a priority of this state and to establish the Nebraska Child Abuse Prevention Fund as a means to that end.
Source
Laws 1986, LB 333, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1902 - Terms, defined.

43-1902.
Terms, defined.
As used in sections 43-1901 to 43-1906, unless the context otherwise requires:
(1) Board means the Nebraska Child Abuse Prevention Fund Board;
(2) Department means the Department of Health and Human Services; and
(3) Fund means the Nebraska Child Abuse Prevention Fund.
Source
Laws 1986, LB 333, § 2;
Laws 1996, LB 1044, § 206;
Laws 2007, LB296, § 132.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1903 - Nebraska Child Abuse Prevention Fund Board; created; members; terms; vacancies; officers; expenses; removal.

43-1903.
Nebraska Child Abuse Prevention Fund Board; created; members; terms; vacancies; officers; expenses; removal.
(1) There is hereby created within the department the Nebraska Child Abuse Prevention Fund Board which shall be composed of nine members as follows: Two representatives of the Department of Health and Human Services appointed by the chief executive officer and seven members to be appointed by the Governor with the approval of the Legislature. The Governor shall appoint two members from each of the three congressional districts and one member from the state at large. As a group, the appointed board members (a) shall demonstrate knowledge in the area of child abuse and neglect prevention, (b) shall be representative of the demographic composition of this state, and (c) to the extent practicable, shall be representative of all of the following categories (i) the business community, (ii) the religious community, (iii) the legal community, (iv) professional providers of child abuse and neglect prevention services, and (v) volunteers in child abuse and neglect prevention services.
(2) The term of each appointed board member shall be three years, except that of the board members first appointed, two, including the at-large member, shall serve for three years, three shall serve for two years, and two shall serve for one year. The Governor shall designate the term which each of the members first appointed shall serve when he or she makes the appointments. An appointed board member shall not serve more than two consecutive terms whether partial or full. A vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment.
(3) The board shall elect a chairperson from among the appointed board members who shall serve for a term of two years. The board may elect the other officers and establish committees as it deems appropriate.
(4) The members of the board shall not receive any compensation for their services but shall be reimbursed for expenses incurred in the performance of their duties as provided in sections 81-1174 to 81-1177. The reimbursement shall be paid from the fund. In any one fiscal year, no more than five percent of the annually available funds as provided in section 43-1906 shall be used for the purpose of reimbursement of board members.
(5) Any board member may be removed by the Governor for misconduct, incompetency, or neglect of duty after first being given the opportunity to be heard in his or her own behalf.
Source
Laws 1986, LB 333, § 3;
Laws 1996, LB 1044, § 207;
Laws 2007, LB296, § 133;
Laws 2020, LB381, § 31.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1904 - Board; powers and duties.

43-1904.
Board; powers and duties.
The board shall have the following powers and duties:
(1) To meet not less than twice annually at the call of the chairperson to conduct its official business;
(2) To require that at least five of the board members approve the awarding of grants made under subdivision (3)(b) of this section; and
(3) To develop, one year after the appointment of the original board and annually thereafter, a state plan for the distribution and disbursement of money in the fund. The plan developed under this subdivision shall assure that an equal opportunity exists for the establishment and maintenance of prevention programs and the receipt of money from the fund in all geographic areas of this state. The plan shall be transmitted to the department, the Governor, and the Legislature and made available to the general public. In carrying out a plan developed under this subdivision, the board shall establish procedures for:
(a) Developing and publicizing criteria for the awarding of grants for programs to be supported with money from the fund within the limits of appropriations made for that purpose;
(b) Awarding grants to agencies, organizations, or individuals for community-based child abuse prevention programs. The programs shall provide education, public awareness, or prevention services. In awarding grants under this subdivision, consideration shall be given by the board to factors such as need, geographic location, diversity, coordination with or improvement of existing services, and extensive use of volunteers;
(c) Supporting and encouraging the formation of local child abuse councils;
(d) Consulting with applicable state agencies, commissions, and boards to help determine probable effectiveness, fiscal soundness, and need for proposed community-based educational and service prevention programs;
(e) Facilitating information exchange among groups concerned with prevention programs; and
(f) Encouraging statewide educational and public awareness programs regarding the problems of families and children which (i) encourage professional persons and groups to recognize and deal with problems of families and children, (ii) make information regarding the problems of families and children and the prevention of such problems available to the general public in order to encourage citizens to become involved in the prevention of such problems, and (iii) encourage the development of community prevention programs.
Source
Laws 1986, LB 333, § 4;
Laws 2007, LB296, § 134.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1905 - Department; duties.

43-1905.
Department; duties.
The department shall:
(1) Have the power to deny any grant award, or portion of such award, made by the board;
(2) Review and monitor expenditures of money from the fund on a periodic basis; and
(3) Submit to the Governor and the Legislature an annual report of all receipts and disbursements of funds, including the recipients, the nature of the program funded, the dollar amount awarded, and the percentage of the total annually available funds the grant represents. The report submitted to the Legislature shall be submitted electronically. The report may be made available to the public upon request.
Source
Laws 1986, LB 333, § 5;
Laws 2007, LB296, § 135;
Laws 2012, LB782, § 46.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1906 - Nebraska Child Abuse Prevention Fund; established; investment; use.

43-1906.
Nebraska Child Abuse Prevention Fund; established; investment; use.
(1) There is hereby established the Nebraska Child Abuse Prevention Fund. The additional child abuse prevention fee as provided in section 33-106.03, the additional charge for supplying a certified copy of the record of any birth as provided in sections 71-612, 71-617.15, 71-627, and 71-628, and all amounts which may be received from grants, gifts, bequests, the federal government, or other sources granted or given for the purposes specified in sections 43-1901 to 43-1906 shall be remitted to the State Treasurer for credit to the Nebraska Child Abuse Prevention Fund. The fund shall be administered and disbursed by the department.
(2) 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.
(3) In any one fiscal year, no more than twenty percent of the annually appropriated funds shall be disbursed to any one agency, organization, or individual.
(4) Funds allocated from the fund shall only be used for purposes authorized under sections 43-1901 to 43-1906 and shall not be used to supplant any existing governmental program or service. No grants may be made to any state department or agency.
Source
Laws 1986, LB 333, § 6;
Laws 1995, LB 7, § 39;
Laws 2002, LB 1310, § 4;
Laws 2002, Second Spec. Sess., LB 48, § 2;
Laws 2017, LB307, § 4.
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 › 43-2002 - Legislative findings.

43-2002.
Legislative findings.
Each year Nebraska children are reported missing. The Legislature is seeking a procedure whereby it can help locate such missing children through school records and birth certificates filed with the schools and the Department of Health and Human Services.
Source
Laws 1987, LB 599, § 2;
Laws 1997, LB 307, § 82;
Laws 2007, LB296, § 136.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2003 - Terms, defined.

43-2003.
Terms, defined.
As used in the Missing Children Identification Act, unless the context otherwise requires:
(1) County agency means any agency in a county that records and maintains birth certificates;
(2) Department means the Department of Health and Human Services;
(3) Missing person means a person sixteen years of age or younger reported to any law enforcement agency as abducted or lost; and
(4) Patrol means the Nebraska State Patrol.
Source
Laws 1987, LB 599, § 3;
Laws 1996, LB 1044, § 208;
Laws 1997, LB 307, § 83;
Laws 2007, LB296, § 137.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2004 - Missing person; notification.

43-2004.
Missing person; notification.
Upon notification to a local law enforcement agency of the disappearance of a missing person, such agency shall immediately notify the patrol which shall notify the school in which such missing person is enrolled and the department. The department shall notify the county agency if such missing person was born in such county. Any information known to the patrol shall be supplied to the department.
Source
Laws 1987, LB 599, § 4;
Laws 1997, LB 307, § 84.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2005 - Flagging birth certificate.

43-2005.
Flagging birth certificate.
If a missing person was born in Nebraska, the department shall flag such person's birth certificate, and if such person was born in a county where a county agency records and maintains birth certificates, such agency shall also flag the birth certificate in its custody.
Source
Laws 1987, LB 599, § 5;
Laws 1997, LB 307, § 85.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2006 - Flagged birth certificate; inquiry and request; how handled.

43-2006.
Flagged birth certificate; inquiry and request; how handled.
(1) If an inquiry is made regarding the flagged birth certificate, the department or county agency shall not furnish any information to such requesting person and shall request the name of the inquirer, address, and any other pertinent information. The department and such county agency shall immediately notify the patrol of such inquiry.
(2) If a request is made in person from the department or such county agency for a flagged birth certificate, the department or such county agency shall:
(a) Immediately notify the patrol or local law enforcement agency;
(b) Have the person requesting the flagged birth certificate fill in a form requesting such person's name, address, telephone number, social security number, and relationship to the person whose birth certificate is being requested and the name, address, and birthdate of the person whose birth certificate is being requested;
(c) Try to obtain a photocopy of the driver's license of the person making the request;
(d) Inform the person making the request that the birth certificate will be mailed to him or her;
(e) Report the description of such person making the request and any other relevant information to the patrol or other law enforcement agency; and
(f) Provide the patrol with copies of such documents but retain the original in the office of the department or county agency.
(3) If a request is made for such birth certificate in writing, the department or county agency shall notify the patrol and provide the patrol with a copy of the request but retain the original request in the office of the department or county agency.
Source
Laws 1987, LB 599, § 6;
Laws 1997, LB 307, § 86.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2007 - Schools; exempt school; duties.

43-2007.
Schools; exempt school; duties.
(1) Upon notification by the patrol of a missing person, any school in which the missing person is currently or was previously enrolled shall flag the school records of such person in such school's possession. The school shall report immediately any request concerning a flagged record or any knowledge of the whereabouts of the missing person.
(2) Upon enrollment of a student for the first time in a public school district or private school system, the school of enrollment shall notify in writing the person enrolling the student that within thirty days he or she must provide either (a) a certified copy of the student's birth certificate or (b) other reliable proof of the student's identity and age accompanied by an affidavit explaining the inability to produce a copy of the birth certificate.
(3) Upon enrollment of a student who is receiving his or her education in an exempt school subject to sections 79-1601 to 79-1607, the parent or guardian of such student shall provide to the Commissioner of Education either (a) a certified copy of the student's birth certificate or (b) other reliable proof of the student's identity and age accompanied by an affidavit explaining the inability to produce a copy of the birth certificate.
(4) Upon failure of the person, parent, or guardian to comply with subsection (2) or (3) of this section, the school or Commissioner of Education shall notify such person, parent, or guardian in writing that unless he or she complies within ten days the matter shall be referred to the local law enforcement agency for investigation. If compliance is not obtained within such ten-day period, the school or commissioner shall immediately report such matter. Any affidavit received pursuant to subsection (2) or (3) of this section that appears inaccurate or suspicious in form or content shall be reported immediately to the local law enforcement agency by the school or commissioner.
(5) Any school requested to forward a copy of a transferred student's record shall not forward a copy of such record to the requesting school if the record has been flagged pursuant to subsection (1) of this section. If such record has been flagged, the school to whom such request is made shall notify the local law enforcement agency of the request and that such student is a reported missing person.
Source
Laws 1987, LB 599, § 7;
Laws 1991, LB 511, § 3;
Laws 1992, LB 245, § 9;
Laws 1996, LB 900, § 1047;
Laws 2009, LB549, § 2.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2008 - Flag; requirements.

43-2008.
Flag; requirements.
The flag on such birth certificate or school record shall be large enough so that any personnel looking at such birth certificate or record shall be alerted to the fact that such birth certificate or record is of a missing person.
Source
Laws 1987, LB 599, § 8.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2009 - Removal of flag.

43-2009.
Removal of flag.
Upon notification of recovery of such missing person, the department, the county agency, and any school pursuant to section 43-2007 shall remove the flag from such person's record.
Source
Laws 1987, LB 599, § 9;
Laws 1997, LB 307, § 87.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2010 - Local law enforcement agency; duties.

43-2010.
Local law enforcement agency; duties.
Any local law enforcement agency notified pursuant to the Missing Children Identification Act of the request for the birth certificate, school record, or other information concerning a missing person shall immediately notify the patrol of such request and shall investigate such matter.
Source
Laws 1987, LB 599, § 10.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2011 - Immunity from liability.

43-2011.
Immunity from liability.
Any school or any person acting on behalf of a school shall be immune from civil and criminal liability for any acts or omissions which occur as a result of the requirements of the Missing Children Identification Act.
Source
Laws 1987, LB 599, § 11.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2012 - Department; patrol; adopt rules and regulations.

43-2012.
Department; patrol; adopt rules and regulations.
The department and the patrol shall adopt and promulgate rules and regulations necessary to carry out their responsibilities under the Missing Children Identification Act.
Source
Laws 1987, LB 599, § 12;
Laws 1997, LB 307, § 88.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2101 - Persons under nineteen years of age declared minors; marriage, effect; person eighteen years of age or older; rights and responsibility.

43-2101.
Persons under nineteen years of age declared minors; marriage, effect; person eighteen years of age or older; rights and responsibility.
(1) All persons under nineteen years of age are declared to be minors, but in case any person marries under the age of nineteen years, his or her minority ends.
(2) Upon becoming the age of majority, a person is considered an adult and acquires all rights and responsibilities granted or imposed by statute or common law, except that a person:
(a) Eighteen years of age or older and who is not a ward of the state may:
(i) Enter into a binding contract or lease of whatever kind or nature and shall be legally responsible for such contract or lease, including legal responsibility to third parties;
(ii) Execute, sign, authorize, or otherwise authenticate (A) an effective financing statement, (B) a promissory note or other instrument evidencing an obligation to repay, or (C) a mortgage, trust deed, security agreement, financing statement, or other security instrument to grant a lien or security interest in real or personal property or fixtures, and shall be legally responsible for such document, including legal responsibility to third parties; and
(iii) Acquire or convey title to real property and shall have legal responsibility for such acquisition or conveyance, including legal responsibility to third parties; and
(b) Eighteen years of age or older may consent to mental health services for himself or herself without the consent of his or her parent or guardian.
Source
R.S.1866, c. 23, § 1, p. 178;
R.S.1913, § 1627;
Laws 1921, c. 247, § 1, p. 853;
C.S.1922, § 1576;
C.S.1929, § 38-101;
R.S.1943, § 38-101;
Laws 1965, c. 207, § 1, p. 613;
Laws 1969, c. 298, § 1, p. 1072;
Laws 1972, LB 1086, § 1;
R.S.1943, (1984), § 38-101;
Laws 1988, LB 790, § 6;
Laws 2010, LB226, § 2;
Laws 2018, LB982, § 1;
Laws 2019, LB55, § 5.
Cross References
Juvenile committed under Nebraska Juvenile Code, marriage under age of nineteen years does not make juvenile age of majority, see section 43-289.
Annotations
Unless married, persons under 19 years of age are declared to be minors pursuant to subsection (1) of this section. Johnson v. Johnson, 308 Neb. 623, 956 N.W.2d 261 (2021).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2201 - Legislative intent.

43-2201.
Legislative intent.
It is the intent of the Legislature to:
(1) Promote kinship care and lifelong connections through the process of family finding when a child has been removed from the legal custody of the child's parents;
(2) Prevent recurrence of abuse, neglect, exploitation, or other maltreatment of children;
(3) Reduce the length of time children spend in foster care;
(4) Reduce multiple placements of children in foster care;
(5) Remain in compliance with the federal Fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 110-351; and
(6) Create a pilot project for the process of locating and engaging family members in the life of a child who is a ward of the state or is participating in the bridge to independence program as defined in section 43-4503, or both, and in need of permanency through a lifelong network of support.
Source
Laws 2015, LB243, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2202 - Terms, defined.

43-2202.
Terms, defined.
For purposes of sections 43-2201 to 43-2209:
(1) Department means the Department of Health and Human Services;
(2) Family finding means the process described in section 43-2203;
(3) Family member means:
(a) A person related to a child by blood, adoption, or affinity within the fifth degree of kinship;
(b) A stepparent;
(c) A stepsibling;
(d) The spouse, widow, widower, or former spouse of any of the persons described in subdivisions (a) through (c) of this subdivision; and
(e) Any individual who is a primary caretaker or trusted adult in a kinship home and who, as a primary caretaker, has lived with the child or, as a trusted adult, has a preexisting, significant relationship with the child;
(4) Kinship home means a home in which a child receives foster care and at least one of the primary caretakers has previously lived with or is a trusted adult that has a preexisting, significant relationship with the child;
(5) Provider means an organization providing services as a child-placing agency; and
(6) Service area means a geographic area administered by the department and designated pursuant to section 81-3116.
Source
Laws 2015, LB243, § 2.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2203 - Pilot project participants; duties.

43-2203.
Pilot project participants; duties.
The department, its contracted providers of family finding services, and family members of children involved in cases which are part of the pilot project created in section 43-2204 shall participate in family finding. Family finding is the process of engagement, searching, preparation, planning, decisionmaking, lifetime network creation, healing, and permanency in order to:
(1) Search for and identify family members and engage them in planning and decisionmaking;
(2) Gain commitments from family members to support a child through nurturing relationships and to support the parent or parents, when appropriate; and
(3) Achieve a safe, permanent legal home or lifelong connection for the child, either through reunification or through permanent placement through legal guardianship or adoption.
Source
Laws 2015, LB243, § 3.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2204 - Pilot project; created; department; duties; termination of project.

43-2204.
Pilot project; created; department; duties; termination of project.
A pilot project is created to provide family finding services within at least two service areas. The department shall contract with providers of family finding services to carry out the family finding services pilot project. A provider may contract within multiple service areas. Each contracting provider shall be trained in and implement the steps described in section 43-2203. The family finding services pilot project shall terminate on June 30, 2019.
Source
Laws 2015, LB243, § 4;
Laws 2022, LB1173, § 9.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2205 - Department; duties; collaboration.

43-2205.
Department; duties; collaboration.
(1) Under the pilot project created under section 43-2204, the department shall refer a portion of all cases involving children who are wards of the state in foster care or participating in the bridge to independence program as defined in section 43-4503, or both, to providers of family finding services who or which shall (a) locate family members of the children, (b) engage and empower family members, and (c) create an individualized plan to achieve a safe, permanent legal home for the children when possible.
(2) The department shall provide administrative oversight of the contracts entered into pursuant to the pilot project created under section 43-2204.
(3) A child's departmental case manager, the child's foster parents, and the provider of family finding services shall collaborate together to maximize success throughout the family finding process.
(4) The department shall carry out the requirements of the Interstate Compact for the Placement of Children when achieving out-of-state placement of a ward of the court, including prompt submission of required paperwork to ensure that the family finding process moves forward in a timely manner.
Source
Laws 2015, LB243, § 5.
Cross References
Interstate Compact for the Placement of Children, see section 43-1103.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2206 - Legislative intent.

43-2206.
Legislative intent.
It is the intent of the Legislature to appropriate seven hundred fifty thousand dollars from the General Fund for each of fiscal years 2015-16 and 2016-17 and one million five hundred thousand dollars from the General Fund for each of fiscal years 2017-18 and 2018-19 to the department which shall pursue federal matching funds as applicable and allocate such funds to contracting providers of family finding services who or which shall use such funds to (1) provide family finding services pursuant to contracts with the department, (2) create and coordinate training initiatives for departmental case managers assigned to cases referred for family finding services to promote provider and family engagement and to train case managers on the principles of family finding services for successful outcomes, and (3) provide contract monitoring and oversight of the pilot project and pay evaluation costs.
Source
Laws 2015, LB243, § 6.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2207 - Data collection system.

43-2207.
Data collection system.
The department shall establish a data collection system and collect data from participating providers annually. Such data shall be divided by service area and shall include (1) the number of participating children and youth, (2) the ages of the participating children and youth, (3) the duration of each case, and (4) case outcomes, including permanency, guardianship, and family support. Data involving incomplete cases shall be included and identified as such.
Source
Laws 2015, LB243, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2208 - Independent evaluation of pilot project.

43-2208.
Independent evaluation of pilot project.
The department shall contract with an academic institution to complete an independent evaluation of the pilot project created under section 43-2204. The evaluation shall assess the effectiveness of the pilot project in achieving the purposes described in section 43-2201 and the overall fiscal impact. The evaluation shall begin after completion of the second year of the pilot project and shall be completed in the third year of the pilot project. The department shall electronically transmit the evaluation to the Health and Human Services Committee of the Legislature.
Source
Laws 2015, LB243, § 8.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2401 - Act, how cited.

43-2401.
Act, how cited.
Sections 43-2401 to 43-2412 shall be known and may be cited as the Juvenile Services Act.
Source
Laws 1990, LB 663, § 1;
Laws 2000, LB 1167, § 40;
Laws 2001, LB 640, § 2;
Laws 2018, LB670, § 9.