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2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-417 - Discharge from youth rehabilitation and treatment center; considerations.

43-417.
Discharge from youth rehabilitation and treatment center; considerations.
In determining whether to discharge a juvenile from a youth rehabilitation and treatment center, the Office of Juvenile Services shall consider whether (1) the juvenile has completed the goals of his or her individualized treatment plan or received maximum benefit from institutional treatment, (2) the juvenile would benefit from continued services under community supervision, (3) the juvenile can function in a community setting, (4) there is reason to believe that the juvenile will not commit further violations of law, and (5) there is reason to believe that the juvenile will comply with the conditions of probation.
Source
Laws 1998, LB 1073, § 49;
Laws 2013, LB561, § 37;
Laws 2020, LB1188, § 9.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-420 - Hearing officer; requirements.

43-420.
Hearing officer; requirements.
Any hearing required or permitted for juveniles in the custody of the Office of Juvenile Services shall be conducted by a hearing officer who is an attorney licensed to practice law in the State of Nebraska and may be an employee of the Department of Health and Human Services or an attorney who is an independent contractor. If the hearing officer is an employee of the department, he or she shall not be assigned to any duties requiring him or her to give ongoing legal advice to any person employed by or who is a contractor with the office.
Source
Laws 1998, LB 1073, § 52;
Laws 2013, LB561, § 40;
Laws 2020, LB1188, § 10.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-424 - Assault, escape, or attempt to escape; documentation required; copy to court and county attorney.

43-424.
Assault, escape, or attempt to escape; documentation required; copy to court and county attorney.
If a juvenile assaults an employee of a youth rehabilitation and treatment center or another juvenile who has been committed to the youth rehabilitation and treatment center or escapes or attempts to escape from a youth rehabilitation and treatment center, the chief executive officer of the youth rehabilitation and treatment center shall document the assault, escape, or attempt to escape and send a copy of such documentation to the committing court and the county attorney of the county in which the committing court is located as soon as possible after the determination that such assault, escape, or attempt to escape has occurred. Such documentation may be offered as evidence presented at any hearing conducted pursuant to section 43-2,106.03.
Source
Laws 2012, LB972, § 6.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-426 - Visitation and communication; use as consequence or sanction; prohibited.

43-426.
Visitation and communication; use as consequence or sanction; prohibited.
In-person visitation and other forms of communication, including telephone calls and electronic communication, with a juvenile's relatives, including, but not limited to, parents, guardians, grandparents, siblings, and children, shall not be limited or prohibited as a consequence or sanction.
Source
Laws 2020, LB1188, § 12.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-428 - Youth rehabilitation and treatment center; emergency plan.

43-428.
Youth rehabilitation and treatment center; emergency plan.
(1) The Department of Health and Human Services shall develop an emergency plan for the Youth Rehabilitation and Treatment Center-Geneva, the Youth Rehabilitation and Treatment Center-Kearney, and any other facility operated and utilized as a youth rehabilitation and treatment center in compliance with state law.
(2) Each emergency plan shall:
(a) Identify and designate temporary placement facilities for the placement of juveniles in the event a youth rehabilitation and treatment center must be evacuated due to an emergency as defined in section 43-403. The administrator of a proposed temporary placement facility shall consent to be designated as a temporary placement facility in the emergency plan. A criminal detention facility or a juvenile detention facility shall only be designated as a temporary placement facility pursuant to section 43-430;
(b) Identify barriers to implementation of an effective emergency plan, including necessary administrative or legislative changes;
(c) Include procedures for the Office of Juvenile Services to provide reliable, effective, and timely notification that an emergency plan is to be implemented to:
(i) Staff at the youth rehabilitation and treatment center where the emergency plan is implemented and the administrator and staff at the temporary placement facility;
(ii) Juveniles placed at the youth rehabilitation and treatment center;
(iii) Families and legal guardians of juveniles placed at the youth rehabilitation and treatment center;
(iv) The State Court Administrator, in a form and manner prescribed by the State Court Administrator;
(v) The committing court of each juvenile placed at the youth rehabilitation and treatment center;
(vi) The chairperson of the Health and Human Services Committee of the Legislature; and
(vii) The office of Public Counsel and the office of Inspector General of Nebraska Child Welfare;
(d) Detail the plan for transportation of juveniles to a temporary placement facility; and
(e) Include methods and schedules for implementing the emergency plan.
(3) Each emergency plan shall be developed on or before December 15, 2020.
Source
Laws 2020, LB1140, § 6.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-429 - Emergency plan; requirements.

43-429.
Emergency plan; requirements.
(1) The Department of Health and Human Services shall ensure that the administrator of each temporary placement facility described in an emergency plan required under section 43-428 consents to the temporary placement of juveniles placed in such facility pursuant to the emergency plan. Prior to inclusion in an emergency plan as a temporary placement facility, the department and the administrator of the temporary placement facility shall agree on a cost-reimbursement plan for the temporary placement of juveniles at such facility.
(2) If an emergency plan required under section 43-428 is implemented, the Office of Juvenile Services shall, at least twenty-four hours prior to implementation, if practical, and otherwise within twenty-four hours after implementation of such emergency plan, notify the persons and entities listed in subdivision (2)(c) of section 43-428.
Source
Laws 2020, LB1140, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-430 - Criminal detention facility; juvenile detention facility; emergency use.

43-430.
Criminal detention facility; juvenile detention facility; emergency use.
In the event of an emergency and only after all other temporary placement options have been exhausted, the Office of Juvenile Services may provide for the placement of a juvenile for a period not to exceed seven days at a criminal detention facility, if allowed by law, or a juvenile detention facility, as such terms are defined in section 83-4,125.
Source
Laws 2020, LB1140, § 8.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-431 - Transportation of juveniles; policies and procedures; applicable to private contractor.

43-431.
Transportation of juveniles; policies and procedures; applicable to private contractor.
Policies and procedures of the Department of Health and Human Services regarding the transportation of juveniles placed at the youth rehabilitation and treatment centers shall apply to any private contractor utilized by the Office of Juvenile Services to transport juveniles placed at the youth rehabilitation and treatment centers.
Source
Laws 2020, LB1140, § 10.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-501 - Sections, how construed.

43-501.
Sections, how construed.
Sections 43-501 to 43-526 shall be construed to be new, supplemental, and independent legislation upon the subjects of assistance and services for delinquent, dependent, and medically handicapped children, and all provisions of law in regard thereto shall be and remain in full force and effect.
Source
Laws 1935, Spec. Sess., c. 30, § 1, p. 180;
C.S.Supp.,1941, § 43-501;
R.S.1943, § 43-501;
Laws 1982, LB 522, § 11;
Laws 1988, LB 790, § 25.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-503 - Department of Health and Human Services; duty to cooperate with other agencies.

43-503.
Department of Health and Human Services; duty to cooperate with other agencies.
The Department of Health and Human Services shall cooperate and coordinate its child and maternal welfare activities with those of state institutions, the vocational rehabilitation division of the State Department of Education, courts, county boards, charities and all other organizations, societies and agencies, state and national, to promote child welfare and health.
Source
Laws 1935, Spec. Sess., c. 30, § 3, p. 180;
C.S.Supp.,1941, § 43-503;
R.S.1943, § 43-503;
Laws 1969, c. 342, § 2, p. 1204;
Laws 1996, LB 1044, § 151.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-504.01 - Conditions of eligibility; partially or totally unemployed parent or needy caretaker.

43-504.01.
Conditions of eligibility; partially or totally unemployed parent or needy caretaker.
As a condition of eligibility for aid for children included in section 43-504, a partially or totally unemployed parent or needy caretaker shall participate in the employment preparation or training program for aid to dependent children, unless considered exempt under rules and regulations adopted and promulgated by the Department of Health and Human Services, and any totally or partially unemployed parent or needy caretaker who fails or refuses without good cause to participate in the employment preparation or training program or who refuses without good cause to accept employment in which he or she is able to engage which will increase his or her ability to maintain himself or herself and his or her family shall be deemed by such refusal to have rendered his or her children ineligible for further aid until he or she has complied with this section.
The requirements of this section shall also apply to any dependent child unless he or she is under age sixteen or attending, full time, an elementary, secondary, or vocational school.
Source
Laws 1965, c. 242, § 2, p. 692;
Laws 1981, Spec. Sess., LB 7, § 2;
Laws 1996, LB 1044, § 152;
Laws 1997, LB 864, § 3;
Laws 2007, LB296, § 111.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-507 - Mentally and physically handicapped children; Department of Health and Human Services; duties.

43-507.
Mentally and physically handicapped children; Department of Health and Human Services; duties.
The Department of Health and Human Services, on behalf of mentally and physically handicapped children, shall (1) obtain admission to state and other suitable schools, hospitals, or other institutions or care in their own homes or in family, free, or boarding homes for such children in accordance with the provisions of the existing law, (2) maintain medical supervision over such mentally or physically handicapped children, and (3) provide necessary medical or surgical care in a suitable hospital, sanitarium, preventorium, or other institution or in the child's own home or a home for any medically handicapped child needing such care and pay for such care from public funds, if necessary.
Source
Laws 1935, Spec. Sess., c. 30, § 7, p. 184;
C.S.Supp.,1941, § 43-507;
R.S.1943, § 43-507;
Laws 1965, c. 243, § 1, p. 693;
Laws 1967, c. 251, § 2, p. 662;
Laws 1988, LB 790, § 27;
Laws 1996, LB 1044, § 153;
Laws 2007, LB296, § 112.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-508 - Department of Health and Human Services; cooperation with state institutions.

43-508.
Department of Health and Human Services; cooperation with state institutions.
The Department of Health and Human Services shall cooperate with the state institutions for delinquent and mentally and physically handicapped children to ascertain the conditions of the home and the character and habits of the parents of a child, before his or her discharge from a state institution, and make recommendations as to the advisability of returning the child to his or her home. In case the department deems it unwise to have any such child returned to his or her former home, such state institution may, with the consent of the department, place such child into the care of the department.
Source
Laws 1935, Spec. Sess., c. 30, § 8, p. 184;
C.S.Supp.,1941, § 43-508;
R.S.1943, § 43-508;
Laws 1989, LB 22, § 4;
Laws 1996, LB 1044, § 154;
Laws 2007, LB296, § 113.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-509 - Religious faith of children; preservation.

43-509.
Religious faith of children; preservation.
The religious faith of children coming under the jurisdiction of public welfare officials shall be preserved and protected.
Source
Laws 1935, Spec. Sess., c. 30, § 9, p. 184;
C.S.Supp.,1941, § 43-509;
R.S.1943, § 43-509.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-510 - Children eligible for assistance.

43-510.
Children eligible for assistance.
In order to be eligible for assistance, a child must be a bona fide resident of the State of Nebraska.
Source
Laws 1935, Spec. Sess., c. 30, § 10, p. 184;
C.S.Supp.,1941, § 43-510;
R.S.1943, § 43-510;
Laws 1951, c. 129, § 1, p. 548;
Laws 1969, c. 343, § 2, p. 1206.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-511 - Benefits extended to children in rural districts.

43-511.
Benefits extended to children in rural districts.
The Department of Health and Human Services shall extend the assistance and services herein provided for to all children in rural districts throughout this state, in order that the same benefits and facilities shall be available to children in such districts as in urban areas.
Source
Laws 1935, Spec. Sess., c. 30, § 11, p. 184;
C.S.Supp.,1941, § 43-511;
R.S.1943, § 43-511;
Laws 1982, LB 522, § 12;
Laws 1996, LB 1044, § 155;
Laws 2007, LB296, § 114.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-512.01 - County attorney or authorized attorney; duty to take action against nonsupporting parent or stepparent; when.

43-512.01.
County attorney or authorized attorney; duty to take action against nonsupporting parent or stepparent; when.
It shall be the duty of the county attorney or authorized attorney when a copy of the finding of investigation or the application for financial assistance has been filed with him or her as provided in section 43-512, or when an application has been made pursuant to section 43-512.02, to immediately take action against the nonsupporting parent or stepparent of the dependent child. It shall be the duty of the county attorney or authorized attorney to initiate a child support enforcement action. If the county attorney initiates an action, he or she shall file either a criminal complaint for nonsupport under section 28-706 or a civil complaint against the nonsupporting parent or stepparent under section 43-512.03. If the attorney who initiates a child support enforcement action is an authorized attorney, he or she shall file a civil complaint against the nonsupporting parent or stepparent pursuant to section 43-512.03.
Source
Laws 1947, c. 158, § 2, p. 437;
Laws 1951, c. 79, § 6, p. 241;
Laws 1969, c. 343, § 4, p. 1207;
Laws 1976, LB 926, § 4;
Laws 1977, LB 425, § 2;
Laws 1978, LB 748, § 28;
Laws 1981, LB 345, § 1;
Laws 1983, LB 371, § 13;
Laws 1984, LB 845, § 33;
Laws 1985, Second Spec. Sess., LB 7, § 66;
Laws 2004, LB 1207, § 36.
Annotations
In civil child support action by county attorney, father's counterclaim requesting custody did not create conflict of interest for county attorney and the trial court erred in appointing a special prosecutor to replace the county attorney. State on behalf of Garcia v. Garcia, 238 Neb. 455, 471 N.W.2d 388 (1991).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-512.05 - Child, spousal, and medical support payments; district court clerks; furnish information; cooperative agreements; reimbursement for costs incurred.

43-512.05.
Child, spousal, and medical support payments; district court clerks; furnish information; cooperative agreements; reimbursement for costs incurred.
(1) It shall be the duty of the clerks of the district courts to furnish the Department of Health and Human Services monthly statistical information and any other information required by the department to properly account for child, spousal, and medical support payments. The clerk of each district court shall negotiate and enter into a written agreement with the department in order to receive reimbursement for the costs incurred in carrying out sections 43-512 to 43-512.10 and 43-512.12 to 43-512.18.
(2) The department and the governing board of the county, county attorney, or authorized attorney may enter into a written agreement regarding the determination of paternity and child, spousal, and medical support enforcement for the purpose of implementing such sections. Paternity shall be established when it can be determined that the collection of child support is feasible.
(3) The department shall adopt and promulgate rules and regulations regarding the rate and manner of reimbursement for costs incurred in carrying out such sections, taking into account relevant federal law, available federal funds, and any appropriations made by the Legislature. Any reimbursement funds shall be added to the budgets of those county officials who have performed the services as called for in the cooperative agreements and carried over from year to year as required by law.
Source
Laws 1976, LB 926, § 7;
Laws 1978, LB 960, § 2;
Laws 1981, LB 345, § 4;
Laws 1983, LB 371, § 16;
Laws 1983, LB 417, § 1;
Laws 1985, Second Spec. Sess., LB 7, § 69;
Laws 1991, LB 457, § 9;
Laws 1991, LB 715, § 9;
Laws 1996, LB 1044, § 159;
Laws 1997, LB 307, § 61.
Annotations
To the extent that a county board has already appropriated sufficient funding to pay the necessary salaries and expenses for performing child support enforcement duties, the board is entitled to deposit federal reimbursement funds into its general fund. But for any reimbursement funds that the county is not entitled to keep, subsection (3) of this section plainly requires such funds to be carried over from year to year in the county attorney's budget when his or her office is performing all of the child support enforcement duties. Wetovick v. County of Nance, 279 Neb. 773, 782 N.W.2d 298 (2010).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-512.06 - Locating absent parents; determining income and employer; access to information; assistance; purpose.

43-512.06.
Locating absent parents; determining income and employer; access to information; assistance; purpose.
(1) Notwithstanding any other provisions of law regarding confidentiality of records, every department and agency of state, county, and city government and every employer or other payor as defined in section 43-1709 shall assist and cooperate with the Department of Health and Human Services in locating absent parents, determining an absent parent's income and health insurance information, and identifying an absent parent's employer only for the purposes of establishing and collecting child, spousal, and medical support and of conducting reviews under sections 43-512.12 to 43-512.18. Such information shall be used for no other purpose. An action may be filed in district court to enforce this subsection.
(2) Notwithstanding any other provision of law regarding confidentiality of records, every public, private, or municipal utility shall, upon request, furnish to any county attorney, authorized attorney, or the Department of Health and Human Services a subscriber's name, social security number, and mailing and residence addresses only for the purposes of establishing and collecting child, spousal, and medical support and of conducting reviews under sections 43-512.12 to 43-512.18. Such information shall be used for no other purpose. An action may be filed in district court to enforce this subsection. For purposes of this subsection, utility shall mean any entity providing electrical, gas, water, telephone, garbage disposal, or waste disposal service, including, but not limited to, any district or corporation organized under Chapter 70.
Source
Laws 1976, LB 926, § 8;
Laws 1985, Second Spec. Sess., LB 7, § 70;
Laws 1991, LB 457, § 10;
Laws 1991, LB 715, § 10;
Laws 1994, LB 1224, § 53;
Laws 1996, LB 1044, § 160;
Laws 1997, LB 307, § 62.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-512.08 - Intervention in matters relating to child, spousal, or medical support; when authorized.

43-512.08.
Intervention in matters relating to child, spousal, or medical support; when authorized.
The county attorney or authorized attorney, acting for or on behalf of the State of Nebraska, may intervene without leave of the court in any proceeding for dissolution of marriage, paternity, separate maintenance, or child, spousal, or medical support for the purpose of securing an order for child, spousal, or medical support, modifying an order for child or medical support, or modifying an order for child support as the result of a review of such order under sections 43-512.12 to 43-512.18. Such proceedings shall be limited only to the determination of child or medical support. Except in cases in which the intervention is the result of a review under such sections, the county attorney or authorized attorney shall so act only when it appears that the children are not otherwise represented by counsel.
Source
Laws 1976, LB 926, § 10;
Laws 1985, Second Spec. Sess., LB 7, § 72;
Laws 1991, LB 457, § 12;
Laws 1991, LB 715, § 11;
Laws 1994, LB 1224, § 54;
Laws 2007, LB554, § 41.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-512.09 - Garnishment for collection of child support or medical support; where filed.

43-512.09.
Garnishment for collection of child support or medical support; where filed.
A garnishment for the collection of child support or medical support may be filed in any jurisdiction where any property or credits of the defendant may be found irrespective of the residence of the creditors or the place where the debt is payable.
Source
Laws 1976, LB 926, § 11;
Laws 1991, LB 457, § 13.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-512.10 - Sections, how construed.

43-512.10.
Sections, how construed.
Sections 43-512 to 43-512.10 and 43-512.12 to 43-512.18 shall be interpreted so as to facilitate the determination of paternity, child, spousal, and medical support enforcement, and the conduct of reviews under such sections.
Source
Laws 1976, LB 926, § 12;
Laws 1978, LB 960, § 3;
Laws 1981, LB 345, § 6;
Laws 1985, Second Spec. Sess., LB 7, § 73;
Laws 1991, LB 457, § 14;
Laws 1991, LB 715, § 12.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-512.11 - Work and education programs; department; report.

43-512.11.
Work and education programs; department; report.
The Department of Health and Human Services shall submit electronically an annual report, not later than February 1 of each year, to the Legislature regarding the effectiveness of programs established pursuant to subdivision (5)(a) of section 43-512. The report shall include, but not be limited to:
(1) The number of program participants;
(2) The number of program participants who become employed, whether such employment is full time or part time or subsidized or unsubsidized, and whether the employment was retained for at least thirty days;
(3) Supportive services provided to participants in the program;
(4) Grant reductions realized; and
(5) A cost and benefit statement for the program.
Source
Laws 1988, LB 518, § 2;
Laws 1996, LB 1044, § 162;
Laws 2007, LB296, § 116;
Laws 2012, LB782, § 45.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-512.13 - Title IV-D child support order; review; notice requirements; additional review.

43-512.13.
Title IV-D child support order; review; notice requirements; additional review.
(1) When review of a child support order pursuant to section 43-512.12 has been requested by one of the parents or initiated by the Department of Health and Human Services, the department shall send notice of the pending review to each parent affected by the order at the parent's last-known mailing address thirty days before the review is conducted. Such review shall require the parties to submit financial information as provided in sections 43-512.14 and 43-512.17.
(2) After the department completes the review of the child support order in accordance with section 43-512.12, it shall send notice to each parent of the determination to refer or not refer the order to the county attorney or authorized attorney for filing of an application for modification of the order in the district court. Each parent shall be allowed thirty days to submit to the department a written request for a review of such determination. The parent requesting review shall submit the request in writing to the department, stating the reasons for the request and providing written evidence to support the request. The department shall review the available verifiable financial information and make a final determination whether or not to refer the order to the county attorney or authorized attorney for filing of an application for modification of the child support order. Written notice of such final determination shall be sent to each parent affected by the order at the parent's last-known mailing address. A final determination under this subsection shall not be considered a contested case for purposes of the Administrative Procedure Act.
Source
Laws 1991, LB 715, § 14;
Laws 1996, LB 1044, § 164;
Laws 1997, LB 307, § 65.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-512.14 - Title IV-D child support order; financial information; duty to provide; failure; effect; referral of order; effect.

43-512.14.
Title IV-D child support order; financial information; duty to provide; failure; effect; referral of order; effect.
Each parent requesting review shall provide the financial information as provided in section 43-512.17 to the Department of Health and Human Services upon request of the department. The parent requesting review shall also provide an affidavit regarding the financial circumstances of the nonrequesting parent upon the request of the department. Failure by a nonrequesting parent to provide adequate financial information shall create a rebuttable presumption that such parent's income has changed for purposes of section 43-512.12.
Referral of an order to a county attorney or authorized attorney under this section shall create a rebuttable presumption that there has been a material change in financial circumstances of one of the parents such that the child support obligation shall be increased at least ten percent if there is inadequate financial information regarding the noncustodial parent or that the child support obligation shall be decreased at least ten percent if there is inadequate financial information regarding the custodial parent. Such referral shall also be sufficient to rebut the presumption specified in section 42-364.16, and the court, after notice and an opportunity to be heard, may order a decrease or an increase of at least ten percent in the child support obligation as provided in this section.
Source
Laws 1991, LB 715, § 15;
Laws 1993, LB 523, § 9;
Laws 1996, LB 1044, § 165;
Laws 1997, LB 307, § 66.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-512.15 - Title IV-D child support order; modification; when; procedures.

43-512.15.
Title IV-D child support order; modification; when; procedures.
(1) The county attorney or authorized attorney, upon referral from the Department of Health and Human Services, shall file a complaint to modify a child support order unless the attorney determines in the exercise of independent professional judgment that:
(a) The variation from the Supreme Court child support guidelines pursuant to section 42-364.16 is based on material misrepresentation of fact concerning any financial information submitted to the attorney;
(b) The variation from the guidelines is due to a voluntary reduction in net monthly income. Incarceration may not be treated as voluntary unemployment in establishing or modifying support orders; or
(c) When the amount of the order is considered with all the other undisputed facts in the case, no variation from the criteria set forth in subdivisions (1)(a) and (b) of section 43-512.12 exists.
(2) The proceedings to modify a child support order shall comply with section 42-364, and the county attorney or authorized attorney shall represent the state in the proceedings.
(3) After a complaint to modify a child support order is filed, any party may choose to be represented personally by private counsel. Any party who retains private counsel shall so notify the county attorney or authorized attorney in writing.
Source
Laws 1991, LB 715, § 16;
Laws 1993, LB 523, § 10;
Laws 1996, LB 1044, § 166;
Laws 1997, LB 307, § 67;
Laws 2004, LB 1207, § 39;
Laws 2007, LB554, § 42;
Laws 2008, LB1014, § 43;
Laws 2009, LB288, § 11;
Laws 2010, LB712, § 26;
Laws 2018, LB702, § 3.
Annotations
An individual who has been incarcerated for the minimum period of time specified in this section may file a complaint seeking modification of his or her child support obligation upon the basis that his or her incarceration is an involuntary reduction of income, unless the circumstances contained in subsection (1)(b) of this section are met. Rouse v. Rouse, 18 Neb. App. 128, 775 N.W.2d 457 (2009).
The statutory minimum period of incarceration is not limited to that occurring after sentencing, because a person continuously jailed while awaiting trial faces the same reduction in income as a person continuously incarcerated after sentencing. Rouse v. Rouse, 18 Neb. App. 128, 775 N.W.2d 457 (2009).
A child support obligor's incarceration is considered an involuntary reduction in income for purposes of modification when the obligor has been incarcerated for the statutorily specified minimum period of time, unless the circumstances contained in subsection (1)(b) of this section are met. Hopkins v. Stauffer, 18 Neb. App. 116, 775 N.W.2d 462 (2009).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-512.16 - Title IV-D child support order; review of health care coverage provisions.

43-512.16.
Title IV-D child support order; review of health care coverage provisions.
The county attorney or authorized attorney shall review the health care coverage provisions contained in any child support order which is subject to review under section 43-512.12 and shall include in any application for modification a request that the court order health care coverage or cash medical support as provided in subsection (2) of section 42-369.
Source
Laws 1991, LB 715, § 17;
Laws 2009, LB288, § 12.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-512.17 - Title IV-D child support order; financial information; disclosure; contents.

43-512.17.
Title IV-D child support order; financial information; disclosure; contents.
Any financial information provided to the Department of Health and Human Services, the county attorney, or the authorized attorney by either parent for the purpose of facilitating a modification proceeding under sections 43-512.12 to 43-512.18 may be disclosed to the other parties to the case or to the court. Financial information shall include the following:
(1) An affidavit of financial status provided by the party requesting review;
(2) An affidavit of financial status of the nonrequesting party provided by the nonrequesting party or by the requesting party at the request of the county attorney or authorized attorney;
(3) Supporting documentation such as state and federal income tax returns, paycheck stubs, W-2 forms, 1099 forms, bank statements, and other written evidence of financial status; and
(4) Information relating to health care coverage as provided in subsection (2) of section 42-369.
Source
Laws 1991, LB 715, § 18;
Laws 1993, LB 523, § 11;
Laws 1996, LB 1044, § 167;
Laws 1996, LB 1296, § 23;
Laws 1997, LB 307, § 68;
Laws 2009, LB288, § 13.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-512.18 - Title IV-D child support order; communication technology; use authorized.

43-512.18.
Title IV-D child support order; communication technology; use authorized.
A court may use any available technology that would allow the parties to communicate with each other to conduct a hearing or any proceeding required pursuant to sections 43-512.12 to 43-512.17.
Source
Laws 1991, LB 715, § 19.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-513 - Aid to dependent children; standard of need; adjustment; limitation.

43-513.
Aid to dependent children; standard of need; adjustment; limitation.
The standard of need for aid to dependent children payments shall be adjusted on July 1 of every second year beginning July 1, 1997. The adjustment shall be made on the basis of the rate of growth of the Consumer Price Index as determined by the United States Department of Labor, Bureau of Labor Statistics, for the two previous calendar years. The aid to dependent children payment made shall not be greater than the amount specified by section 43-512.
Source
Laws 1995, LB 455, § 19.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-514 - Payments; to whom made.

43-514.
Payments; to whom made.
Payments of assistance with respect to any dependent child shall be made to any person or persons in whose home the residence of such child is maintained.
Source
Laws 1935, Spec. Sess., c. 30, § 14, p. 186;
C.S.Supp.,1941, § 43-514;
R.S.1943, § 43-514;
Laws 1969, c. 344, § 2, p. 1210;
Laws 1973, LB 159, § 2;
Laws 1982, LB 522, § 15.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-515 - Department of Health and Human Services; investigations; approval or disapproval of application; notice.

43-515.
Department of Health and Human Services; investigations; approval or disapproval of application; notice.
In each case the Department of Health and Human Services shall make such investigation and reinvestigations as may be necessary to determine family circumstances and eligibility for assistance payments. Each applicant and recipient shall be notified in writing as to the approval or disapproval of any application, as to the amount of payments awarded, as to any change in the amount of payments awarded, and as to the discontinuance of payments.
Source
Laws 1935, Spec. Sess., c. 30, § 5, p. 186;
Laws 1939, c. 114, § 2, p. 491;
C.S.Supp.,1941, § 43-515;
R.S.1943, § 43-515;
Laws 1967, c. 253, § 1, p. 673;
Laws 1977, LB 312, § 1;
Laws 1982, LB 522, § 16;
Laws 1996, LB 1044, § 168;
Laws 2007, LB296, § 117.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-516 - Department of Health and Human Services; participants in aid to dependent children; collect data and information.

43-516.
Department of Health and Human Services; participants in aid to dependent children; collect data and information.
The Department of Health and Human Services shall collect the following data and information yearly:
(1) The total number of participants in the aid to dependent children program described in section 43-512 pursuing an associate degree;
(2) Graduation rates of such participants, the number of participants that are making satisfactory progress in their educational pursuits, and the length of time participants participate in education to fulfill their work requirement under the program;
(3) The monthly earnings, educational level attained, and employment status of such participants at six months and at twelve months after terminating participation in the aid to dependent children program; and
(4) A summary of activities performed by the department to promote postsecondary educational opportunities to participants in the aid to dependent children program.
Source
Laws 2012, LB842, § 2.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-517 - Department of Health and Human Services; report; public record.

43-517.
Department of Health and Human Services; report; public record.
(1) The Department of Health and Human Services shall provide a report to the Governor and the Legislature no later than December 1 each year regarding the data and information collected pursuant to section 43-516, including a summary of such data and information. The report submitted to the Legislature shall be submitted electronically.
(2) The data and information collected under such section shall be considered a public record under section 84-712.01.
Source
Laws 2012, LB842, § 3;
Laws 2013, LB222, § 8.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-522 - State assistance funds; how expended; medical care.

43-522.
State assistance funds; how expended; medical care.
The Department of Health and Human Services shall expend state assistance funds allocated for medically handicapped children to supplement other state, county, and municipal, benevolent, fraternal, and charitable expenditures, to extend and improve, especially in rural areas and in areas suffering from severe economic distress, services for locating physically and medically handicapped children and for providing medical, surgical, correction, and other services and care, and facilities for diagnosis, hospitalization, and aftercare, for children who are physically or medically handicapped or who are suffering from conditions which lead to medical handicaps. Expenditures and services shall be uniformly distributed so far as possible or practicable under conditions and circumstances which may be found to exist.
Source
Laws 1935, Spec. Sess., c. 30, § 22, p. 188;
C.S.Supp.,1941, § 43-522;
R.S.1943, § 43-522;
Laws 1988, LB 790, § 28;
Laws 1996, LB 1044, § 169;
Laws 2006, LB 994, § 54;
Laws 2007, LB296, § 118.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-523 - Department of Health and Human Services; reports.

43-523.
Department of Health and Human Services; reports.
The Department of Health and Human Services shall make such reports to the Department of Health and Human Services of the United States in such form and containing such information as such department may from time to time require, and the department shall comply with such provisions as necessary to assure the correctness of such reports.
Source
Laws 1935, Spec. Sess., c. 30, § 23, p. 188;
C.S.Supp.,1941, § 43-523;
R.S.1943, § 43-523;
Laws 1961, c. 204, § 2, p. 612;
Laws 1961, c. 415, § 4, p. 1246;
Laws 1996, LB 1044, § 170;
Laws 2007, LB296, § 119.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-524 - Department of Health and Human Services; duty to cooperate with other welfare agencies.

43-524.
Department of Health and Human Services; duty to cooperate with other welfare agencies.
The Department of Health and Human Services shall cooperate with medical, health, nursing, and welfare groups and organizations and with any agency in the state charged with providing for local rehabilitation of physically handicapped children.
Source
Laws 1935, Spec. Sess., c. 30, § 24, p. 188;
C.S.Supp.,1941, § 43-524;
R.S.1943, § 43-524;
Laws 1996, LB 1044, § 171;
Laws 2006, LB 994, § 55;
Laws 2007, LB296, § 120.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-525 - Child welfare services; state assistance funds; expenditure.

43-525.
Child welfare services; state assistance funds; expenditure.
The Department of Health and Human Services shall expend state assistance funds allocated for child welfare services in establishing, extending, and strengthening, especially in rural areas, child welfare services mentioned in sections 43-501 to 43-526, for which other funds are not specifically or sufficiently made available by such sections or other laws of this state.
Source
Laws 1935, Spec. Sess., c. 30, § 25, p. 189;
C.S.Supp.,1941, § 43-525;
R.S.1943, § 43-525;
Laws 1982, LB 522, § 17;
Laws 1996, LB 1044, § 172;
Laws 2007, LB296, § 121.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-526 - State agencies; distribution of funds; uniformity; assumption of obligations; limit.

43-526.
State agencies; distribution of funds; uniformity; assumption of obligations; limit.
The state agencies provided for herein shall distribute and cause said funds to be used in as uniform and equal a manner as practicable for the benefit of the children to be assisted by such services, taking into consideration the health, moral surroundings, sanitary conditions, parental responsibility, mentality and other circumstances of each case. Obligations assumed shall not exceed income of the fund for child welfare for any given month, plus any balance remaining from a preceding month in such fund.
Source
Laws 1935, Spec. Sess., c. 30, § 26, p. 189;
C.S.Supp.,1941, § 43-526;
R.S.1943, § 43-526.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-529 - Aid to dependent children; needs of persons with whom child is living; payment; requirements.

43-529.
Aid to dependent children; needs of persons with whom child is living; payment; requirements.
(1) Payments with respect to any dependent child, including payments to meet the needs of the relative with whom such child is living, such relative's spouse, and the needs of any other individual living in the same home as such child and relative if such needs are taken into account in making the determination for eligibility of such child to receive aid to families with dependent children, may be made on behalf of such child, relative, and other person to either (a) another individual who, in accordance with standards set by the Department of Health and Human Services, is interested in or concerned with the welfare of such child or relative, or (b) directly to a person or entity furnishing food, living accommodations, or other goods, services, or items to or for such child, relative, or other person, or (c) both such individual and such person or entity.
(2) No such payments shall be made unless all of the following conditions are met: (a) The department has determined that the relative of such child with respect to whom such payments are made has such inability to manage funds that making payments to him or her would be contrary to the welfare of the child and that it is therefor necessary to provide such aid with respect to such child and relative through payments described above to another interested individual, (b) the department has made arrangements for undertaking and continuing special efforts to develop greater ability on the part of the relative to manage funds in such a manner as to protect the welfare of the family, and (c) the department has approved a plan that provides for a periodic review to ascertain whether conditions justifying such payments still exist, with provision for termination of such payments if such conditions no longer exist and for judicial appointment of a guardian or conservator if it appears that the need for such special payments is continuing or is likely to continue beyond a period specified by the department.
Source
Laws 1969, c. 553, § 1, p. 2242;
Laws 1982, LB 522, § 18;
Laws 1996, LB 1044, § 173;
Laws 2007, LB296, § 122.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-532 - Family policy; declaration; legislative findings.

43-532.
Family policy; declaration; legislative findings.
(1) The Legislature finds and declares that children develop their unique potential in relation to a caring social unit, usually the family, and other nurturing environments, especially the schools and the community. The Legislature further finds that the state shall declare a family policy to guide the actions of state government in dealing with problems and crises involving children and families.
(2) When children and families require assistance from a department, agency, institution, committee, or commission of state government, the health and safety of the child is the paramount concern and reasonable efforts shall be made to provide such assistance in the least intrusive and least restrictive method consistent with the needs of the child and to deliver such assistance as close to the home community of the child or family requiring assistance as possible. The policy set forth in this subsection shall be (a) interpreted in conjunction with all relevant laws, rules, and regulations of the state and shall apply to all children and families who have need of services or who, by their circumstances or actions, have violated the laws, rules, or regulations of the state and are found to be in need of treatment or rehabilitation and (b) implemented through the cooperative efforts of state, county, and municipal governments, legislative, judicial, and executive branches of government, and other public and private resources.
(3) The family policy objectives prescribed in this section and section 43-533 shall not be construed to mean that a child shall be left in the home when it is shown that continued residence in the home places the child at risk and does not make the health and safety of the child of paramount concern.
Source
Laws 1987, LB 637, § 1;
Laws 1989, LB 330, § 14;
Laws 1998, LB 1041, § 33;
Laws 2016, LB746, § 17.
Annotations
State policy is to assist juveniles in the least restrictive method consistent with their needs. In re Interest of Skylar E., 20 Neb. App. 725, 831 N.W.2d 358 (2013).