reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1246 - Information to be submitted to court.

43-1246.
Information to be submitted to court.
(a) Subject to local law providing for the confidentiality of procedures, addresses, and other identifying information, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit shall state whether the party:
(1) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;
(2) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions, and, if so, identify the court, the case number, and the nature of the proceeding; and
(3) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(b) If the information required by subsection (a) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in subdivisions (a)(1) through (a)(3) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information shall be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
Source
Laws 2003, LB 148, § 21.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1247 - Appearance of parties and child.

43-1247.
Appearance of parties and child.
(a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
(b) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to section 43-1233 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(d) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
Source
Laws 2003, LB 148, § 22.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1248 - Enforcement provisions; terms, defined.

43-1248.
Enforcement provisions; terms, defined.
In sections 43-1248 to 43-1264:
(1) Petitioner means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
(2) Respondent means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
Source
Laws 2003, LB 148, § 23.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1249 - Enforcement under Hague Convention.

43-1249.
Enforcement under Hague Convention.
Under sections 43-1248 to 43-1264 a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
Source
Laws 2003, LB 148, § 24.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1250 - Duty to enforce.

43-1250.
Duty to enforce.
(a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with the Uniform Child Custody Jurisdiction and Enforcement Act or the determination was made under factual circumstances meeting the jurisdictional standards of the act and the determination has not been modified in accordance with the act.
(b) A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in sections 43-1248 to 43-1264 are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
Source
Laws 2003, LB 148, § 25.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1251 - Temporary visitation.

43-1251.
Temporary visitation.
(a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:
(1) a visitation schedule made by a court of another state; or
(2) the visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.
(b) If a court of this state makes an order under subdivision (a)(2) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in sections 43-1238 to 43-1247. The order remains in effect until an order is obtained from the other court or the period expires.
Source
Laws 2003, LB 148, § 26.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1253 - Enforcement of registered determination.

43-1253.
Enforcement of registered determination.
(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.
(b) A court of this state shall recognize and enforce, but may not modify, except in accordance with sections 43-1238 to 43-1247, a registered child custody determination of a court of another state.
Source
Laws 2003, LB 148, § 28.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1254 - Simultaneous proceedings.

43-1254.
Simultaneous proceedings.
If a proceeding for enforcement under sections 43-1248 to 43-1264 is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under sections 43-1238 to 43-1247, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
Source
Laws 2003, LB 148, § 29.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1256 - Service of petition and order.

43-1256.
Service of petition and order.
Except as otherwise provided in section 43-1258, the petition and order shall be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child.
Source
Laws 2003, LB 148, § 31.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1257 - Hearing and order.

43-1257.
Hearing and order.
(a) Unless the court issues a temporary emergency order pursuant to section 43-1241, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1) the child custody determination has not been registered and confirmed under section 43-1252 and that:
(A) the issuing court did not have jurisdiction under sections 43-1238 to 43-1247;
(B) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under such sections; or
(C) the respondent was entitled to notice, but notice was not given in accordance with the standards of section 43-1233, in the proceedings before the court that issued the order for which enforcement is sought; or
(2) the child custody determination for which enforcement is sought was registered and confirmed under section 43-1252 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under sections 43-1238 to 43-1247.
(b) The court shall award the fees, costs, and expenses authorized under section 43-1259 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under sections 43-1248 to 43-1264.
Source
Laws 2003, LB 148, § 32.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1258 - Warrant to take physical custody of child.

43-1258.
Warrant to take physical custody of child.
(a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition shall be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant shall include the statements required by subsection (b) of section 43-1255.
(c) A warrant to take physical custody of a child shall:
(1) recite the facts upon which a conclusion of imminent serious physical harm or removal from the state is based;
(2) direct law enforcement officers to take physical custody of the child immediately; and
(3) provide for the placement of the child pending final relief.
(d) The respondent shall be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
Source
Laws 2003, LB 148, § 33.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1259 - Costs, fees, and expenses.

43-1259.
Costs, fees, and expenses.
(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care, during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than the Uniform Child Custody Jurisdiction and Enforcement Act.
Source
Laws 2003, LB 148, § 34.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1260 - Recognition and enforcement.

43-1260.
Recognition and enforcement.
A court of this state shall accord full faith and credit to an order issued by another state and consistent with the Uniform Child Custody Jurisdiction and Enforcement Act which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under sections 43-1238 to 43-1247.
Source
Laws 2003, LB 148, § 35.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1261 - Appeals.

43-1261.
Appeals.
An appeal may be taken from a final order in a proceeding under sections 43-1248 to 43-1264 in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 43-1241, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
Source
Laws 2003, LB 148, § 36.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1262 - Role of county attorney or Attorney General.

43-1262.
Role of county attorney or Attorney General.
(a) In a case arising under the Uniform Child Custody Jurisdiction and Enforcement Act or involving the Hague Convention on the Civil Aspects of International Child Abduction, a county attorney or the Attorney General may take any lawful action, including resort to a proceeding under sections 43-1248 to 43-1264 or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child custody determination if there is:
(1) an existing child custody determination;
(2) a request to do so from a court in a pending child custody proceeding;
(3) a reasonable belief that a criminal statute has been violated; or
(4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(b) A county attorney or the Attorney General acting under this section acts on behalf of the court and may not represent any party.
Source
Laws 2003, LB 148, § 37.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1263 - Role of law enforcement.

43-1263.
Role of law enforcement.
At the request of a county attorney or the Attorney General acting under section 43-1262, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a county attorney or the Attorney General with responsibilities under such section.
Source
Laws 2003, LB 148, § 38.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1264 - Costs and expenses.

43-1264.
Costs and expenses.
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by a county attorney or the Attorney General and law enforcement officers under section 43-1262 or 43-1263.
Source
Laws 2003, LB 148, § 39.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1265 - Application and construction.

43-1265.
Application and construction.
In applying and construing the Uniform Child Custody Jurisdiction and Enforcement Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source
Laws 2003, LB 148, § 40.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1266 - Motion or other request under prior law; how treated.

43-1266.
Motion or other request under prior law; how treated.
A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before January 1, 2004, is governed by the law in effect at the time the motion or other request was made.
Source
Laws 2003, LB 148, § 41.
Annotations
The Uniform Child Custody Jurisdiction and Enforcement Act became operative on January 1, 2004, and establishes that all motions made in a child custody proceeding commenced prior to this date are governed by the prior law in effect at that time. The law governing child custody jurisdiction prior to the effective date of the Uniform Child Custody Jurisdiction and Enforcement Act was the Nebraska Child Custody Jurisdiction Act. Floerchinger v. Floerchinger, 24 Neb. App. 120, 883 N.W.2d 419 (2016).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1301.01 - Entering foster care; determination of time.

43-1301.01.
Entering foster care; determination of time.
For the purpose of determining the timing of review hearings, permanency hearings, and other requirements under the Foster Care Review Act, a child is deemed to have entered foster care on the earlier of the date of the first judicial finding that the child has been subjected to child abuse or neglect or the date that is sixty days after the date on which the child is removed from the home.
Source
Laws 1998, LB 1041, § 35.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1304 - Local foster care review boards; members; powers and duties.

43-1304.
Local foster care review boards; members; powers and duties.
There shall be local foster care review boards to conduct the foster care file audit case reviews of children in foster care placement and carry out other powers and duties given to such boards under the Foster Care Review Act. The executive director of the office shall select members to serve on local boards from a list of applications submitted to the office. Each local board shall consist of not less than four and not more than ten members as determined by the executive director. The members of the local board shall reasonably represent the various social, economic, racial, and ethnic groups of the county or counties from which its members may be appointed. A person employed by the office, the Department of Health and Human Services, a residential child-caring agency, a child-placing agency, or a court shall not be appointed to a local board. A list of the members of each local board shall be sent to the department and the Office of Probation Administration.
Source
Laws 1982, LB 714, § 4;
Laws 1987, LB 239, § 3;
Laws 1996, LB 1044, § 196;
Laws 1999, LB 240, § 2;
Laws 2012, LB998, § 6;
Laws 2013, LB265, § 34;
Laws 2015, LB265, § 10.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1305 - Local board; terms; vacancy.

43-1305.
Local board; terms; vacancy.
All local board members shall be appointed for terms of three years. If a vacancy occurs on a local board, the executive director of the office shall appoint another person to serve the unexpired portion of the term. Appointments to fill vacancies on the local board shall be made in the same manner and subject to the same conditions as the initial appointments to such board. The term of each member shall expire on the second Monday in July of the appropriate year. Members shall continue to serve until a successor is appointed.
Source
Laws 1982, LB 714, § 5;
Laws 1999, LB 240, § 3;
Laws 2012, LB998, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1307 - Child placed in foster care; court; duties; office; provide information to local board.

43-1307.
Child placed in foster care; court; duties; office; provide information to local board.
(1) Each court which has placed a child in foster care shall send to the office (a) a copy of the plan or permanency plan, prepared by the person or court in charge of the child in accordance with section 43-1312, to effectuate rehabilitation of the foster child and family unit or permanent placement of the child and (b) a copy of the progress reports as they relate to the plan or permanency plan, including, but not limited to, the court order and the report and recommendations of the guardian ad litem.
(2) The office may provide the designated local board with copies of the information provided by the court under subsection (1) of this section.
Source
Laws 1982, LB 714, § 7;
Laws 1998, LB 1041, § 37;
Laws 2012, LB998, § 8.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1308 - Local board; powers and duties.

43-1308.
Local board; powers and duties.
(1) Except as otherwise provided in the Nebraska Indian Child Welfare Act, the designated local board shall:
(a) Conduct a foster care file audit case review at least once every six months for the case of each child in a foster care placement to determine what efforts have been made to carry out the plan or permanency plan for rehabilitation of the foster child and family unit or for permanent placement of such child pursuant to section 43-1312;
(b) Submit to the court having jurisdiction over such child for the purposes of foster care placement, within thirty days after the foster care file audit case review, its findings and recommendations regarding the efforts and progress made to carry out the plan or permanency plan established pursuant to section 43-1312 together with any other recommendations it chooses to make regarding the child. The findings and recommendations shall include whether there is a need for continued out-of-home placement, whether the current placement is safe and appropriate, the specific reasons for the findings and recommendations, including factors, opinions, and rationale considered in the foster care file audit case review, whether the grounds for termination of parental rights under section 43-292 appear to exist, and the date of the next foster care file audit case review by the designated local board;
(c) If the return of the child to his or her parents is not likely, recommend referral for adoption and termination of parental rights, guardianship, placement with a relative, or, as a last resort, another planned, permanent living arrangement; and
(d) Promote and encourage stability and continuity in foster care by discouraging unnecessary changes in the placement of foster children and by encouraging the recruitment of foster parents who may be eligible as adoptive parents.
(2) When the office or designated local board determines that the interests of a child in a foster care placement would be served thereby, the office or designated local board may request a court review hearing as provided for in section 43-1313.
(3) Due to the confidential and protected nature of child-specific and family-specific information regarding mental and behavioral health services, if such information is discussed at a local board meeting or a portion of a meeting, the portion of the meeting at which such information is discussed shall be exempt from the Open Meetings Act.
Source
Laws 1982, LB 714, § 8;
Laws 1985, LB 255, § 41;
Laws 1990, LB 1222, § 7;
Laws 1998, LB 1041, § 38;
Laws 2012, LB998, § 9;
Laws 2015, LB265, § 11.
Cross References
Nebraska Indian Child Welfare Act, see section 43-1501.
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1309 - Records; release; when.

43-1309.
Records; release; when.
Upon the request of the office or designated local board, any records pertaining to a case assigned to such local board shall be furnished to the office or designated local board by the Department of Health and Human Services, by any public official or employee of a political subdivision having relevant contact with the child, or, upon court order, by the Office of Probation Administration. Upon the request of the Foster Care Review Office or designated local board, and if such information is not obtainable elsewhere, the court having jurisdiction of the foster child shall release such information to the office or designated local board as the court deems necessary to determine the physical, psychological, and sociological circumstances of such foster child.
Source
Laws 1982, LB 714, § 9;
Laws 1990, LB 1222, § 8;
Laws 1996, LB 1044, § 197;
Laws 2012, LB998, § 10;
Laws 2015, LB265, § 12.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1310 - Records and information; confidential; unauthorized disclosure; penalty.

43-1310.
Records and information; confidential; unauthorized disclosure; penalty.
All records and information regarding foster children and their parents or relatives in the possession of the office or local board shall be deemed confidential. Unauthorized disclosure of such confidential records and information or any violation of the rules and regulations adopted and promulgated by the Department of Health and Human Services or the office shall be a Class III misdemeanor.
Source
Laws 1982, LB 714, § 10;
Laws 1990, LB 1222, § 9;
Laws 1996, LB 1044, § 198;
Laws 2012, LB998, § 11.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1311 - Child removed from home; person or court in charge of child; duties.

43-1311.
Child removed from home; person or court in charge of child; duties.
Except as otherwise provided in the Nebraska Indian Child Welfare Act, immediately following removal of a child from his or her home pursuant to section 43-284, the person or court in charge of the child shall:
(1) Conduct or cause to be conducted an investigation of the child's circumstances designed to establish a safe and appropriate plan for the rehabilitation of the foster child and family unit or permanent placement of the child;
(2) Require that the child receive a medical examination within two weeks of his or her removal from his or her home;
(3) Subject the child to such further diagnosis and evaluation as is necessary;
(4) Require that the child attend the same school as prior to the foster care placement unless the person or court in charge determines that attending such school would not be in the best interests of the child; and
(5) Notify the Department of Health and Human Services to identify, locate, and provide written notification to adult relatives of the child as provided in section 43-1311.01.
Source
Laws 1982, LB 714, § 11;
Laws 1985, LB 255, § 42;
Laws 1998, LB 1041, § 39;
Laws 2008, LB1014, § 44;
Laws 2011, LB177, § 4.
Cross References
Nebraska Indian Child Welfare Act, see section 43-1501.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1313 - Review of dispositional order; when; procedure.

43-1313.
Review of dispositional order; when; procedure.
When a child is in foster care placement, the court having jurisdiction over such child for the purposes of foster care placement shall review the dispositional order for such child at least once every six months. The court may reaffirm the order or direct other disposition of the child. Any review hearing by a court having jurisdiction over such child for purposes of foster care placement shall be conducted on the record as provided in sections 43-283 and 43-284, and any recommendations of the office or designated local board concerning such child shall be admissible in such proceedings if such recommendations have been provided to all other parties of record. The court shall review a case on the record more often than every six months and at any time following the original placement of the child if the office or local board requests a hearing in writing specifying the reasons for the review. Members of the office or local board or its designated representative may attend and be heard at any hearing conducted under this section and may participate through counsel at the hearing with the right to call and cross-examine witnesses and present arguments to the court.
Source
Laws 1982, LB 714, § 13;
Laws 1990, LB 1222, § 10;
Laws 2012, LB998, § 12;
Laws 2015, LB265, § 13.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1314.01 - Six-month case reviews; office; duties.

43-1314.01.
Six-month case reviews; office; duties.
(1) The office shall be the only entity responsible for the conduct of periodic foster care file audit case reviews which shall be identified as reviews which meet the federal requirements for six-month case reviews pursuant to the federal Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272. The office shall be fiscally responsible for any noncompliance sanctions imposed by the federal government related to the requirements for review outlined in the federal Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272.
(2) It is the intent of the Legislature that any six-month court review of a juvenile pursuant to sections 43-278 and 43-1313 shall be identified as a review which meets the federal requirements for six-month case reviews pursuant to the federal Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272.
(3) The office may assist the Department of Health and Human Services as to eligibility under Title IV-E for state wards and eligibility for Supplemental Security Income, Supplemental Security Disability Income, Veterans Administration, or aid to families with dependent children benefits, for child support orders of the court, and for medical insurance other than medicaid.
Source
Laws 1996, LB 642, § 1;
Laws 1997, LB 307, § 76;
Laws 1999, LB 240, § 4;
Laws 2012, LB998, § 14.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1314.02 - Caregiver information form; development; provided to caregiver.

43-1314.02.
Caregiver information form; development; provided to caregiver.
(1) The court shall provide a caregiver information form or directions on downloading such form from the Supreme Court Internet website to the foster parent, preadoptive parent, guardian, or relative providing care for the child when giving notice of a court review described in section 43-1314. The form is to be dated and signed by the caregiver and shall, at a minimum, request the following:
(a) The child's name, age, and date of birth;
(b) The name of the caregiver, his or her telephone number and address, and whether the caregiver is a foster parent, preadoptive parent, guardian, or relative;
(c) How long the child has been in the caregiver's care;
(d) A current picture of the child;
(e) The current status of the child's medical, dental, and general physical condition;
(f) The current status of the child's emotional condition;
(g) The current status of the child's education;
(h) Whether or not the child is a special education student and the date of the last individualized educational plan;
(i) A brief description of the child's social skills and peer relationships;
(j) A brief description of the child's special interests and activities;
(k) A brief description of the child's reactions before, during, and after visits;
(l) Whether or not the child is receiving all necessary services;
(m) The date and place of each visit by the caseworker with the child;
(n) A description of the method by which the guardian ad litem has acquired information about the child; and
(o) Whether or not the caregiver can make a permanent commitment to the child if the child does not return home.
(2) A caregiver information form shall be developed by the Supreme Court. Such form shall be made a part of the record in each court that reviews the child's foster care proceedings.
Source
Laws 2007, LB457, § 1;
Laws 2009, LB35, § 28.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1315 - Status and permanency plan review; placement order.

43-1315.
Status and permanency plan review; placement order.
In reviewing the foster care status and permanency plan of a child and in determining its order for disposition, the court shall continue placement outside the home upon a written determination that return of the child to his or her home would be contrary to the welfare of such child and that reasonable efforts to preserve and reunify the family, if required under section 43-283.01, have been made. In making this determination, the court shall consider the goals of the foster care placement and the safety and appropriateness of the foster care plan or permanency plan established pursuant to section 43-1312.
Source
Laws 1982, LB 714, § 15;
Laws 1987, LB 635, § 4;
Laws 1998, LB 1041, § 42.
Annotations
The Legislature intended that the issue of reasonable efforts required under section 43-283.01 must be reviewed by the juvenile court (1) when removing from the home a juvenile adjudged to be under subsections (3) or (4) of section 43-247 pursuant to section 43-284, (2) when the court continues a juvenile's out-of-home placement pending adjudication pursuant to section 43-254, (3) when the court reviews a juvenile's status and permanency planning pursuant to this section, and (4) when termination of parental rights to a juvenile is sought by the State under subsection (6) of section 43-292. In re Interest of DeWayne G., Jr. & Devon G., 263 Neb. 43, 638 N.W.2d 510 (2002).
This section only applies to situations where the foster care status of a child is being reviewed, not all orders which are dispositional in nature. In re Interest of Gloria F., 254 Neb. 531, 577 N.W.2d 296 (1998).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1316 - Status review; child's needs; determination.

43-1316.
Status review; child's needs; determination.
The court shall, when reviewing the foster care status of a child, determine whether the individual physical, psychological, and sociological needs of the child are being met. The health and safety of the child are of paramount concern in such review.
Source
Laws 1982, LB 714, § 16;
Laws 1998, LB 1041, § 43.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1317 - Training for local board members.

43-1317.
Training for local board members.
The office shall establish compulsory training for local board members which shall consist of initial training programs followed by periodic inservice training programs.
Source
Laws 1982, LB 714, § 17;
Laws 2012, LB998, § 15.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1318 - Act, how cited.

43-1318.
Act, how cited.
Sections 43-1301 to 43-1321 shall be known and may be cited as the Foster Care Review Act.
Source
Laws 1982, LB 714, § 18;
Laws 1996, LB 642, § 2;
Laws 1998, LB 1041, § 44;
Laws 2007, LB457, § 2;
Laws 2011, LB177, § 9;
Laws 2014, LB908, § 7;
Laws 2015, LB265, § 15;
Laws 2017, LB225, § 6.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1319 - Funds of Department of Health and Human Services; use.

43-1319.
Funds of Department of Health and Human Services; use.
Funds of the Department of Health and Human Services shall be used to defray the reasonable expenses incurred in the recruitment, training, and recognition of foster care providers and volunteers, including expenses incurred for community forums, public information sessions, and similar administrative functions.
Source
Laws 1990, LB 1222, § 14;
Laws 1996, LB 1044, § 199.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1321 - Foster Care Review Office Cash Fund; created; use; investment.

43-1321.
Foster Care Review Office Cash Fund; created; use; investment.
There is hereby created the Foster Care Review Office Cash Fund. The fund shall be administered by the Foster Care Review Office. The office shall remit revenue from the following sources to the State Treasurer for credit to the fund:
(1) Registration and other fees received for training, seminars, or conferences fully or partially sponsored or hosted by the office;
(2) Payments to offset printing, postage, and other expenses for books, documents, or other materials printed or published by the office; and
(3) Money received by the office as gifts, grants, reimbursements, or appropriations from any source intended for the purposes of the fund.
The fund shall be used for the administration of the Foster Care Review Office. The State Treasurer shall transfer any funds in the Foster Care Review Board Cash Fund on July 1, 2012, to the Foster Care Review Office Cash Fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1994, LB 1194, § 9;
Laws 1995, LB 7, § 38;
Laws 2012, LB998, § 16.
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 › 43-1401 - Terms, defined.

43-1401.
Terms, defined.
For purposes of sections 43-1401 to 43-1418:
(1) Child shall mean a child under the age of eighteen years born out of wedlock;
(2) Child born out of wedlock shall mean a child whose parents were not married to each other at the time of its birth, except that a child shall not be considered as born out of wedlock if its parents were married at the time of its conception but divorced at the time of its birth. The definition of legitimacy or illegitimacy for other purposes shall not be affected by the provisions of such sections; and
(3) Support shall include reasonable education.
Source
Laws 1941, c. 81, § 1, p. 322;
C.S.Supp.,1941, § 43-701;
R.S.1943, § 13-101;
R.S.1943, (1983), § 13-101;
Laws 1994, LB 1224, § 55.
Annotations
Since the child was conceived while the parties were still married, it was improper to bring a paternity action rather than an action to amend the dissolution decree in order to secure support from the father. State ex rel. Storz v. Storz, 235 Neb. 368, 455 N.W.2d 182 (1990).
In a proceeding under Chapter 13 (transferred to Chapter 43, article 14), the district court can modify the amount of a child support award if there is a change of circumstances. In a filiation proceeding under Chapter 13 (transferred to Chapter 43, article 14), an award of attorney fees is not allowed. State ex rel. Toledo v. Bockmann, 218 Neb. 428, 355 N.W.2d 521 (1984).
Married woman may be mother of child born out of wedlock. Gomez v. State ex rel. Larez, 157 Neb. 738, 61 N.W.2d 345 (1953).
1941 act sustained as constitutional. In re Application of Rozgall, 147 Neb. 260, 23 N.W.2d 85 (1946).
In the absence of a statute, a cause of action for the support of a child born out of wedlock does not survive against the personal representative of the alleged father. Carlson v. Bartels, 143 Neb. 680, 10 N.W.2d 671 (1941).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1403 - Support by county; conditions.

43-1403.
Support by county; conditions.
In case of the neglect or inability of the parents, or either of them, to support a child, it shall be supported by the county chargeable therewith under the provisions of Chapter 68. Nothing in this section shall be construed to make a child ineligible to receive relief to which it might otherwise be entitled under any law enacted for the relief of children.
Source
Laws 1941, c. 81, § 3, p. 323;
C.S.Supp.,1941, § 43-703;
R.S.1943, § 13-103;
R.S.1943, (1983), § 13-103.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1404 - Child support; liability of parents; discharge.

43-1404.
Child support; liability of parents; discharge.
The liability of the father or mother of a child for its support shall be discharged by compliance with the terms of a judicial decree for support or the terms of a judicially approved settlement or by the adoption of the child by some other person or persons.
Source
Laws 1941, c. 81, § 4, p. 323;
C.S.Supp.,1941, § 43-704;
R.S.1943, § 13-104;
R.S.1943, (1983), § 13-104.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1405 - Child support; liability of father; discharge by settlement; requirements.

43-1405.
Child support; liability of father; discharge by settlement; requirements.
A settlement provided for in section 43-1404 means a voluntary agreement between the father of the child and the mother or some person authorized to act in her behalf, or between the father and the next friend or guardian of the child, whereby the father promises to make adequate provision for the support of the child. In the event that such a settlement is made it shall be binding on all parties and shall bar all other remedies of the mother and child and the legal representatives of the child so long as it shall be performed by the father, if said settlement is approved by the court having jurisdiction to compel the support of the child. The court shall approve such settlement only if it shall find and determine that adequate provision is made for the support of the child and that the father shall have offered clear evidence of his willingness and ability to perform the agreement. The court, in its discretion, may require the father to furnish bond with proper sureties conditioned upon the performance of the settlement.
Source
Laws 1941, c. 81, § 5, p. 323;
C.S.Supp.,1941, § 43-705;
R.S.1943, § 13-105;
R.S.1943, (1983), § 13-105.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1407 - Expenses of mother; liability of father; enforcement; payment by medical assistance program; recovery; procedure.

43-1407.
Expenses of mother; liability of father; enforcement; payment by medical assistance program; recovery; procedure.
(1) The father of a child shall also be liable for the reasonable expenses of (a) the child that are associated with the birth of the child and (b) the mother of such child during the period of her pregnancy, confinement, and recovery. Such liability shall be determined and enforced in the same manner as the liability of the father for the support of the child.
(2) In cases in which any medical expenses associated with the birth of the child and the mother of such child during the period of her pregnancy, confinement, and recovery are paid by the medical assistance program, the county attorney or authorized attorney, as defined in section 43-1704, may petition the court for a judgment for all or a portion of the reasonable medical expenses paid by the medical assistance program. Any medical expenses associated with the birth of such child and the mother of such child during the period of her pregnancy, confinement, and recovery that are approved and paid by the medical assistance program shall be presumed to be medically reasonable. If the father challenges any such expenses as not medically reasonable, he has the burden of proving that such expenses were not medically reasonable.
(3) A civil proceeding to recover medical expenses pursuant to this section may be instituted within four years after the child's birth. Summons shall issue and be served as in other civil proceedings, except that such summons may be directed to the sheriff of any county in the state and may be served in any county.
Source
Laws 1941, c. 81, § 7, p. 324;
C.S.Supp.,1941, § 43-707;
R.S.1943, § 13-107;
R.S.1943, (1983), § 13-107;
Laws 2007, LB554, § 43.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1410 - Child support; decree or approved settlement; effect after death of parent.

43-1410.
Child support; decree or approved settlement; effect after death of parent.
Any judicially approved settlement or order of support made by a court having jurisdiction in the premises shall be binding on the legal representatives of the father or mother in the event of his or her death, to the same extent as other contractual obligations and judicial judgments or decrees.
Source
Laws 1941, c. 81, § 10, p. 325;
C.S.Supp.,1941, § 43-710;
R.S.1943, § 13-110;
R.S.1943, (1983), § 13-110.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1411.01 - Paternity or parental support; jurisdiction; termination of parental rights; provisions applicable.

43-1411.01.
Paternity or parental support; jurisdiction; termination of parental rights; provisions applicable.
(1) An action for paternity or parental support under sections 43-1401 to 43-1418 may be initiated by filing a complaint with the clerk of the district court as provided in section 25-2740. Such proceeding may be heard by the county court or the district court as provided in section 25-2740. A paternity determination under sections 43-1411 to 43-1418 may also be decided in a county court or separate juvenile court if the county court or separate juvenile court already has jurisdiction over the child whose paternity is to be determined.
(2) Whenever termination of parental rights is placed in issue in any case arising under sections 43-1401 to 43-1418, the Nebraska Juvenile Code and the Parenting Act shall apply to such proceedings.
(3) The court may stay the paternity action if there is a pending criminal allegation of sexual assault under section 28-319 or 28-320 or a law in another jurisdiction similar to either section 28-319 or 28-320 against the alleged father with regard to the conception of the child.
Source
Laws 1997, LB 229, § 38;
Laws 1998, LB 1041, § 46;
Laws 2004, LB 1207, § 40;
Laws 2008, LB1014, § 46;
Laws 2013, LB561, § 44;
Laws 2017, LB289, § 20.
Cross References
Nebraska Juvenile Code, see section 43-2,129.
Parenting Act, see section 43-2920.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1413 - Child born out of wedlock; term substituted for other terms.

43-1413.
Child born out of wedlock; term substituted for other terms.
In any local law, ordinance or resolution, or in any public or judicial proceeding, or in any process, notice, order, decree, judgment, record or other public document or paper, the terms bastard or illegitimate child shall not be used but the term child born out of wedlock shall be used in substitution therefor and with the same force and effect.
Source
Laws 1941, c. 81, § 14, p. 326;
C.S.Supp.,1941, § 43-714;
R.S.1943, § 13-115;
R.S.1943, (1983), § 13-115.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1415 - Results of genetic tests; admissible evidence; rebuttable presumption.

43-1415.
Results of genetic tests; admissible evidence; rebuttable presumption.
(1) The results of the tests, including the statistical probability of paternity, shall be admissible evidence and, except as provided in subsection (2) of this section, shall be weighed along with other evidence of paternity.
(2) When the results of tests, whether or not such tests were ordered pursuant to section 43-1414, show a probability of paternity of ninety-nine percent or more, there shall exist a rebuttable presumption of paternity.
(3) Such evidence may be introduced by verified written report without the need for foundation testimony or other proof of authenticity or accuracy unless there is a timely written request for personal testimony of the expert at least thirty days prior to trial.
Source
Laws 1984, LB 845, § 2;
Laws 1993, LB 500, § 55;
Laws 1994, LB 1224, § 62.
Annotations
When genetic tests show a probability of paternity of 99 percent or more, a rebuttable presumption is created without the need for any other evidence. State on behalf of Dady v. Snelling, 10 Neb. App. 740, 637 N.W.2d 906 (2001).