reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-533 - Family policy; guiding principles.

43-533.
Family policy; guiding principles.
The following principles shall guide the actions of state government and departments, agencies, institutions, committees, courts, and commissions which become involved with families and children in need of assistance or services:
(1) Prevention, early identification of problems, and early intervention shall be guiding philosophies when the state or a department, agency, institution, committee, court, or commission plans or implements services for families or children when such services are in the best interests of the child;
(2) When families or children request assistance, state and local government resources shall be utilized to complement community efforts to help meet the needs of such families or the needs and the safety and best interests of such children. The state shall encourage community involvement in the provision of services to families and children, including as an integral part, local government and public and private group participation, in order to encourage and provide innovative strategies in the development of services for families and children;
(3) To maximize resources the state shall develop methods to coordinate services and resources for families and children. Every child-serving department, agency, institution, committee, court, or commission shall recognize that the jurisdiction of such department, agency, institution, committee, court, or commission in serving multiple-need children is not mutually exclusive;
(4) When children are removed from their home, permanency planning shall be the guiding philosophy. It shall be the policy of the state (a) to make reasonable efforts to reunite the child with his or her family in a timeframe appropriate to the age and developmental needs of the child so long as the best interests of the child, the health and safety of the child being of paramount concern, and the needs of the child have been given primary consideration in making a determination whether or not reunification is possible, (b) when a child cannot remain with parents, to give preference to relatives as a placement resource, and (c) to minimize the number of placement changes for children in out-of-home care so long as the needs, health, safety, and best interests of the child in care are considered; and
(5) When families cannot be reunited and when active parental involvement is absent, adoption shall be aggressively pursued. Absent the possibility of adoption other permanent settings shall be pursued. In either situation, the health, safety, and best interests of the child shall be the overriding concern. Within that context, preference shall be given to relatives for the permanent placement of the child.
Source
Laws 1987, LB 637, § 2;
Laws 1995, LB 739, § 1;
Laws 1996, LB 1001, § 3;
Laws 1998, LB 1041, § 34.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-535 - Families; training and treatment programs; legislative findings.

43-535.
Families; training and treatment programs; legislative findings.
The Legislature hereby finds and declares that the family is the backbone of Nebraska and it is in the best interests of Nebraska to solidify, preserve, strengthen, and maintain the family unit. Often when a family member is afflicted with substance abuse or mental health problems all family members are affected and the family unit itself becomes fragmented and begins to deteriorate. It is the intent of the Legislature, through the appropriations prescribed in Laws 1988, LB 846, to use a portion of the funds to implement programs to train qualified personnel and to establish creative programs in the areas of family-centered counseling and the prevention and treatment of substance abuse or mental health problems within such families consistent with the findings and principles of sections 43-532 and 43-533. The personnel training and treatment programs shall be designed to aid each family member and the family unit by using counseling and any other necessary creative treatment programs which are the least intrusive and least restrictive on the family unit yet serve to repair and strengthen such unit.
Source
Laws 1988, LB 846, § 1;
Laws 2016, LB746, § 18.
Cross References
Nebraska Strengthening Families Act, see section 43-4701.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-536 - Child care reimbursement; market rate survey; adjustment of rate; participation in quality rating and improvement system; effect.

43-536.
Child care reimbursement; market rate survey; adjustment of rate; participation in quality rating and improvement system; effect.
In determining the rate of reimbursement for child care, the Department of Health and Human Services shall conduct a market rate survey of the child care providers in the state. The department shall adjust the reimbursement rate for child care every odd-numbered year at a rate not less than the sixtieth percentile and not to exceed the seventy-fifth percentile of the current market rate survey, except that (1) nationally accredited child care providers may be reimbursed at higher rates, (2) an applicable child care or early childhood education program, as defined in section 71-1954, that is participating in the quality rating and improvement system and has received a rating of step three or higher under the Step Up to Quality Child Care Act may be reimbursed at higher rates based upon the program's quality scale rating under the quality rating and improvement system, and (3) for the fiscal year beginning on July 1, 2017, such rate may not be less than the fiftieth percentile or the rate for the immediately preceding fiscal year and for the fiscal year beginning on July 1, 2018, such rate may not be less than the sixtieth percentile for the last three quarters of the fiscal year or the rate for the fiscal year beginning on July 1, 2016.
Source
Laws 1995, LB 455, § 20;
Laws 1996, LB 1044, § 174;
Laws 1997, LB 307, § 69;
Laws 1998, LB 1073, § 28;
Laws 2003, LB 414, § 1;
Laws 2007, LB296, § 123;
Laws 2011, LB464, § 1;
Laws 2013, LB507, § 14;
Laws 2017, LB335, § 1.
Cross References
Step Up to Quality Child Care Act, see section 71-1952.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-701 - License; when required; issuance; revocation.

43-701.
License; when required; issuance; revocation.
Except as otherwise provided in the Nebraska Indian Child Welfare Act, no person, other than a parent, shall (1) place, (2) assist in placing, (3) advertise a child for placement, or (4) give the care and custody of any child to any person or association for adoption or otherwise, except for temporary or casual care, unless such person shall be duly licensed by the Department of Health and Human Services under such rules and regulations as the department shall prescribe. The department may grant or revoke such a license and make all needful rules regarding the issuance or revocation thereof.
Source
Laws 1919, c. 190, tit. VI, art. II, div. XI, § 1, p. 789;
C.S.1922, § 8265;
C.S.1929, § 71-2601;
R.S.1943, § 71-801;
Laws 1945, c. 170, § 1, p. 545;
Laws 1961, c. 204, § 5, p. 613;
Laws 1985, LB 255, § 35;
Laws 1996, LB 1044, § 175;
Laws 1997, LB 307, § 70.
Cross References
Nebraska Indian Child Welfare Act, see section 43-1501.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-702 - Custodian of child; records required.

43-702.
Custodian of child; records required.
Persons or courts charged with the care of dependent and delinquent children who place out or give the care and custody of any child to any person or association shall keep and preserve such records as may be prescribed by the Department of Health and Human Services. The records shall be reported to the department on the first day of each month and shall include the (1) full name and actual or apparent age of such child, (2) names and residence of the child's parents, so far as known, and (3) name and residence of the person or association with whom such child is placed. If such person or court subsequently removes the child from the custody of the person or association with whom the child was placed, the fact of the removal and disposition of the child shall be entered upon such record.
Source
Laws 1919, c. 190, tit. VI, art. II, div. XI, § 2, p. 789;
C.S.1922, § 8266;
C.S.1929, § 71-2602;
R.S.1943, § 71-802;
Laws 1945, c. 170, § 2, p. 545;
Laws 1961, c. 204, § 6, p. 614;
Laws 1989, LB 22, § 5;
Laws 1996, LB 1044, § 176;
Laws 1997, LB 307, § 71.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-705 - Visitation; Department of Health and Human Services; power.

43-705.
Visitation; Department of Health and Human Services; power.
The Department of Health and Human Services, or such person as it may authorize, may visit any child so placed, who has not been legally adopted, with a view of ascertaining whether such child is being properly cared for and living under moral surroundings.
Source
Laws 1919, c. 190, tit. VI, art. II, div. XI, § 5, p. 790;
C.S.1922, § 8269;
C.S.1929, § 71-2605;
R.S.1943, § 71-805;
Laws 1945, c. 170, § 5, p. 546;
Laws 1961, c. 204, § 9, p. 615;
Laws 1996, LB 1044, § 177;
Laws 1997, LB 307, § 72.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-706 - Abuse or neglect by custodian; filing of complaint.

43-706.
Abuse or neglect by custodian; filing of complaint.
Whenever the Department of Health and Human Services has reason to believe that any person having the care or custody of a child placed out, and not legally adopted, is an improper person for such care or custody, or subjects such child to cruel treatment, or neglect, or immoral surroundings, it shall cause a complaint to be filed in the proper juvenile court.
Source
Laws 1919, c. 190, tit. VI, art. II, div. XI, § 6, p. 790;
C.S.1922, § 8270;
C.S.1929, § 71-2606;
R.S.1943, § 71-806;
Laws 1945, c. 170, § 6, p. 546;
Laws 1961, c. 204, § 10, p. 615;
Laws 1996, LB 1044, § 178.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-707 - Protection of children; Department of Health and Human Services; powers and duties.

43-707.
Protection of children; Department of Health and Human Services; powers and duties.
The Department of Health and Human Services shall have the power and it shall be its duty:
(1) To promote the enforcement of laws for the protection and welfare of children born out of wedlock, mentally and physically handicapped children, and dependent, neglected, and delinquent children, except laws the administration of which is expressly vested in some other state department or division, and to take the initiative in all matters involving such children when adequate provision therefor has not already been made;
(2) To visit and inspect public and private institutions, agencies, societies, or persons caring for, receiving, placing out, or handling children;
(3) To prescribe the form of reports required by law to be made to the department by public officers, agencies, and institutions;
(4) To exercise general supervision over the administration and enforcement of all laws governing the placing out and adoption of children;
(5) To advise with judges and probation officers of courts of domestic relations and juvenile courts of the several counties, with a view to encouraging, standardizing, and coordinating the work of such courts and officers throughout the state; and
(6) To regulate the issuance of certificates or licenses to such institutions, agencies, societies, or persons and to revoke such licenses or certificates for good cause shown. If a license is refused or revoked, the refusal or revocation may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1933, c. 123, § 2, p. 495;
C.S.Supp.,1941, § 81-5715;
R.S.1943, § 81-617;
Laws 1945, c. 170, § 7, p. 546;
Laws 1961, c. 204, § 11, p. 615;
Laws 1988, LB 352, § 34;
Laws 1989, LB 22, § 6;
Laws 1996, LB 1044, § 179;
Laws 1997, LB 307, § 73.
Cross References
Administrative Procedure Act, see section 84-920.
Associations receiving juveniles under the Nebraska Juvenile Code, supervision by Department of Health and Human Services, see section 43-296.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-708 - Parent, guardian, or custodian; powers.

43-708.
Parent, guardian, or custodian; powers.
No official, agent, or representative of the Department of Health and Human Services shall, by virtue of sections 43-701 to 43-709, have any right to enter any home over the objection of the occupants thereof or to take charge of any child over the objection of the parents, or either of them, or of the person standing in loco parentis or having the custody of such child. Nothing in sections 43-701 to 43-709 shall be construed as limiting the power of a parent or guardian to determine what treatment or correction shall be provided for a child or the agency or agencies to be employed for such purposes.
Source
Laws 1933, c. 123, § 4, p. 496;
C.S.Supp.,1941, § 81-5717;
R.S.1943, § 81-618;
Laws 1945, c. 170, § 8, p. 547;
Laws 1961, c. 204, § 12, p. 616;
Laws 1996, LB 1044, § 180;
Laws 1997, LB 307, § 74.
Annotations
This section does not provide an agency standing in loco parentis with an affirmative right to inflict corporal punishment upon children residing in licensed child-caring facilities; it simply limits the Department of Social Services' power to forcibly remove a child from the home of his parents or guardian, or one standing in loco parentis prior to state intervention in the parent-child relationship. Cornhusker Christian Ch. Home v. Dept. of Soc. Servs., 227 Neb. 94, 416 N.W.2d 551 (1987).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-709 - Violation; penalty.

43-709.
Violation; penalty.
Any person or agency who or which shall violate any of the provisions of sections 43-701 to 43-709 shall be guilty of a Class III misdemeanor, and this penalty shall apply to officers and employees of agencies.
Source
Laws 1919, c. 190, tit. VI, art. II, div. XI, § 7, p. 790;
C.S.1922, § 8271;
C.S.1929, § 71-2607;
R.S.1943, § 71-807;
Laws 1945, c. 170, § 9, p. 547;
Laws 1977, LB 40, § 229.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-801 - Destruction of property; infliction of personal injury; limitation.

43-801.
Destruction of property; infliction of personal injury; limitation.
The parents shall be jointly and severally liable for the willful and intentional infliction of personal injury to any person or destruction of real and personal property occasioned by their minor or unemancipated children residing with them, or placed by them under the care of other persons;
Provided,
that in the event of personal injuries willfully and intentionally inflicted by such child or children, damages shall be recoverable only to the extent of hospital and medical expenses incurred but not to exceed the sum of one thousand dollars for each occurrence.
Source
Laws 1951, c. 126, § 1, p. 545;
Laws 1969, c. 347, § 1, p. 1217.
Annotations
This section does not impose a fine or penalty within the meaning of U.S. Const. amend. VIII, Neb. Const. art. I, sec. 9, and Neb. Const. art. VII, sec. 5. Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846, 443 N.W.2d 566 (1989).
This section does not violate either the prohibition against special legislation contained in Neb. Const. art. III, sec. 18, or the equal protection clause of U.S. Const. amend. XIV on the ground that the liability of parents of children who intentionally inflict personal injury is limited and the liability of parents whose children intentionally inflict property damage is not. Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846, 443 N.W.2d 566 (1989).
This section may not be characterized as imposing punitive damages in contravention of Neb. Const. art. VII, sec. 5, as the damages for which parents may be held liable under this statute are "measured against," and in fact are limited by, the "actual injury" caused by their errant children. Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846, 443 N.W.2d 566 (1989).
This section violates neither the due process clause contained in Neb. Const. art. I, sec. 3, nor that contained in U.S. Const. amend. XIV on the ground that it imposes vicarious liability. Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846, 443 N.W.2d 566 (1989).
Action of trial court in dismissing action as to parents for tort of child upheld. Neill v. McGinn, 175 Neb. 369, 122 N.W.2d 65 (1963).
Four-year-old child is legally incapable of committing offense of willful and intentional destruction of property. Connors v. Pantano, 165 Neb. 515, 86 N.W.2d 367 (1957).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-903 - Court acting pursuant to Nebraska Juvenile Code; disposition of children.

43-903.
Court acting pursuant to Nebraska Juvenile Code; disposition of children.
Any court acting pursuant to the Nebraska Juvenile Code shall commit to the care of the Department of Health and Human Services or any regularly organized and incorporated society or institution, for the purpose of caring for and placing in good family homes, all children, except those already committed to the care of responsible persons or institutions, who have been decreed to be children as described in subdivision (3)(a) of section 43-247 and who for that reason must be removed from the care of their parents or legal guardians.
Source
Laws 1911, c. 62, § 9, p. 275;
R.S.1913, § 7233;
C.S.1922, § 6890;
C.S.1929, § 83-508;
R.S.1943, § 83-241;
Laws 1988, LB 790, § 29;
Laws 1996, LB 1044, § 183.
Cross References
Nebraska Juvenile Code, see section 43-2,129.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-906 - Adoption; consent.

43-906.
Adoption; consent.
Except as otherwise provided in the Nebraska Indian Child Welfare Act, the Department of Health and Human Services, or its duly authorized agent, may consent to the adoption of children committed to it upon the order of a juvenile court if the parental rights of the parents or of the mother of a child born out of wedlock have been terminated and if no father of a child born out of wedlock has timely asserted his paternity rights under section 43-104.02, or upon the relinquishment to such department by their parents or the mother and, if required under sections 43-104.08 to 43-104.24, the father of a child born out of wedlock. The parental rights of parents of a child born out of wedlock shall be determined pursuant to sections 43-104.05 and 43-104.08 to 43-104.24.
Source
Laws 1911, c. 62, § 7, p. 275;
R.S.1913, § 7231;
C.S.1922, § 6888;
C.S.1929, § 83-506;
R.S.1943, § 83-245;
Laws 1947, c. 333, § 2, p. 1052;
Laws 1955, c. 344, § 2, p. 1061;
Laws 1967, c. 248, § 5, p. 658;
Laws 1985, LB 255, § 36;
Laws 1995, LB 712, § 27;
Laws 1996, LB 1044, § 186;
Laws 2007, LB247, § 21;
Laws 2022, LB741, § 32.
Cross References
Adoption, substitute consents, see sections 43-105 and 43-293.
Nebraska Indian Child Welfare Act, see section 43-1501.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-908 - Child reaching age of majority; disposition of assets.

43-908.
Child reaching age of majority; disposition of assets.
An attempt shall be made by the Department of Health and Human Services to locate children who arrive at the age of majority for the purpose of delivering and transferring to any such child such funds or property as he or she may own. In the event that such child cannot be located within five years after the child arrives at the age of majority, any funds or assets owned by him or her shall be transferred to the state treasury of the State of Nebraska.
Source
Laws 1963, c. 245, § 2, p. 740;
Laws 1977, LB 312, § 7;
Laws 1996, LB 1044, § 188;
Laws 2007, LB296, § 126.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1005 - Expense of returning juvenile to state; how paid.

43-1005.
Expense of returning juvenile to state; how paid.
The expense of returning juveniles to this state pursuant to the Interstate Compact for Juveniles shall be paid as follows:
(1) In the case of a runaway, the court making the requisition shall inquire summarily regarding the financial ability of the petitioner to bear the expense and if it finds he or she is able to do so shall order that he or she pay all such expenses; otherwise the court shall arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile for his or her actual and necessary expenses; and the court may order that the petitioner reimburse the county for so much of said expense as the court finds he or she is able to pay. If the petitioner fails, without good cause, or refuses to pay such sum, he or she may be proceeded against for contempt.
(2) In the case of an escapee or absconder, if the juvenile is in the legal custody of the Department of Health and Human Services it shall bear the expense of his or her return; otherwise the appropriate court shall, on petition of the person entitled to his or her custody or charged with his or her supervision, arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for his or her actual and necessary expenses. In this subdivision appropriate court means the juvenile court which adjudged the juvenile to be delinquent or, if the juvenile is under supervision for another state, then the juvenile court of the county of the juvenile's residence during such supervision.
(3) In the case of a voluntary return of a runaway without requisition, the person entitled to his or her legal custody shall pay the expense of transportation and the actual and necessary expenses of the person, if any, who returns such juvenile; but if he or she is financially unable to pay all the expenses he or she may petition the juvenile court of the county of the petitioner's residence for an order arranging for the transportation as provided in subdivision (1) of this section. The court shall inquire summarily into the financial ability of the petitioner, and, if it finds he or she is unable to bear any or all of the expense, the court shall arrange for such transportation at the expense of the county and shall order the county to reimburse the person, if any, who returns the juvenile, for his or her actual and necessary expenses. The court may order that the petitioner reimburse the county for so much of said expense as the court finds he or she is able to pay. If the petitioner fails, without good cause, or refuses to pay such sum, he or she may be proceeded against for contempt.
Source
Laws 1963, c. 248, § 5, p. 756;
Laws 1996, LB 1044, § 192;
Laws 2009, LB237, § 2.
Cross References
Interstate Compact for Juveniles, see section 43-1011.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1226 - Act, how cited.

43-1226.
Act, how cited.
Sections 43-1226 to 43-1266 shall be known and may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.
Source
Laws 2003, LB 148, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1228 - Proceedings governed by other law.

43-1228.
Proceedings governed by other law.
The Uniform Child Custody Jurisdiction and Enforcement Act does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
Source
Laws 2003, LB 148, § 3.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1229 - Application to Indian tribes.

43-1229.
Application to Indian tribes.
(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., is not subject to the Uniform Child Custody Jurisdiction and Enforcement Act to the extent that it is governed by the Indian Child Welfare Act.
(b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying sections 43-1226 to 43-1247.
(c) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of the Uniform Child Custody Jurisdiction and Enforcement Act shall be recognized and enforced under sections 43-1248 to 43-1264.
Source
Laws 2003, LB 148, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1230 - International application of act.

43-1230.
International application of act.
(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying sections 43-1226 to 43-1247.
(b) Except as otherwise provided in subsection (c) or (d) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of the Uniform Child Custody Jurisdiction and Enforcement Act shall be recognized and enforced under sections 43-1248 to 43-1264.
(c) A court of this state need not apply the act if the child custody law of a foreign country violates fundamental principles of human rights.
(d) A court of this state need not recognize and enforce an otherwise valid child custody determination of a foreign court under the act if it determines (1) that the child is a habitual resident of Nebraska as defined under the provisions of the Hague Convention on the Civil Aspects of International Child Abduction, as implemented by the International Child Abduction Remedies Act, 42 U.S.C. 11601 et seq., and (2) that the child would be at significant and demonstrable risk of child abuse or neglect as defined in section 28-710 if the foreign child custody determination is recognized and enforced. Such a determination shall create a rebuttable presumption against recognition and enforcement of the foreign child custody determination and, thereafter, a court of this state may exercise child custody jurisdiction pursuant to subdivision (a)(1) and subsection (c) of section 43-1238.
(e) The changes made to this section by Laws 2007, LB 341, shall be deemed remedial and shall apply to all cases pending on or before February 2, 2007, and to all cases initiated subsequent thereto.
(f) A court of this state shall have initial and continuing jurisdiction to make any determinations and to grant any relief set forth in subsection (d) of this section upon the motion or complaint seeking such, filed by any parent or custodian of a child who is the subject of a foreign court's custody determination and a habitual resident of Nebraska. The absence or dismissal, either voluntary or involuntary, of an action for the recognition and enforcement of a foreign court's custody determination under subsection (b) of this section shall in no way deprive the court of jurisdiction set forth in this subsection. Subsection (c) of section 43-1238 shall apply to any proceeding under this subsection.
This subsection shall be deemed remedial and shall apply to all cases pending on or before March 6, 2009, and to all cases initiated subsequent thereto.
Source
Laws 2003, LB 148, § 5;
Laws 2007, LB341, § 13;
Laws 2009, LB201, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1231 - Effect of child custody determination.

43-1231.
Effect of child custody determination.
A child custody determination made by a court of this state that had jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 43-1233 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
Source
Laws 2003, LB 148, § 6.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1232 - Priority.

43-1232.
Priority.
If a question of existence or exercise of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act is raised in a child custody proceeding, the question, upon request of a party, shall be given priority on the calendar and handled expeditiously.
Source
Laws 2003, LB 148, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1233 - Notice to persons outside state.

43-1233.
Notice to persons outside state.
(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
Source
Laws 2003, LB 148, § 8.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1234 - Appearance and limited immunity.

43-1234.
Appearance and limited immunity.
(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c) The immunity granted by subsection (a) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under the Uniform Child Custody Jurisdiction and Enforcement Act committed by an individual while present in this state.
Source
Laws 2003, LB 148, § 9.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1235 - Communication between courts.

43-1235.
Communication between courts.
(a) A court of this state may communicate with a court in another state concerning a proceeding arising under the Uniform Child Custody Jurisdiction and Enforcement Act.
(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they shall be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(d) Except as otherwise provided in subsection (c) of this section, a record shall be made of a communication under this section. The parties shall be informed promptly of the communication and granted access to the record.
(e) For the purposes of this section, record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Source
Laws 2003, LB 148, § 10.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1236 - Taking testimony in another state.

43-1236.
Taking testimony in another state.
(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Source
Laws 2003, LB 148, § 11.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1237 - Cooperation between courts; preservation of records.

43-1237.
Cooperation between courts; preservation of records.
(a) A court of this state may request the appropriate court of another state to:
(1) hold an evidentiary hearing;
(2) order a person to produce or give evidence pursuant to procedures of that state;
(3) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
(5) order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a) of this section.
(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this section may be assessed against the parties according to the law of this state.
(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains eighteen years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
Source
Laws 2003, LB 148, § 12.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1239 - Exclusive, continuing jurisdiction.

43-1239.
Exclusive, continuing jurisdiction.
(a) Except as otherwise provided in section 43-1241, a court of this state which has made a child custody determination consistent with section 43-1238 or 43-1240 has exclusive, continuing jurisdiction over the determination until:
(1) a court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or
(2) a court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.
(b) A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 43-1238.
Source
Laws 2003, LB 148, § 14.
Annotations
Subsection (a) of this section provides the rules for continuing jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. Watson v. Watson, 272 Neb. 647, 724 N.W.2d 24 (2006).
Under subsection (a)(1) of this section, whether a court's exclusive and continuing jurisdiction has been lost is a determination to be made by a court of this state. Watson v. Watson, 272 Neb. 647, 724 N.W.2d 24 (2006).
When North Dakota made the initial child custody determination concerning a child in the parents' divorce, exclusive and continuing jurisdiction remained with that court under the Uniform Child Custody Jurisdiction and Enforcement Act, either until a determination was made under subsection (a) of this section or until the court declined to exercise jurisdiction under section 43-1244 on the basis of being an inconvenient forum. In re Interest of Kirsten H., 25 Neb. App. 909, 915 N.W.2d 815 (2018).
Exclusive and continuing jurisdiction remains with the district court under the Uniform Child Custody Jurisdiction and Enforcement Act either until jurisdiction is lost under subsection (a) of this section or until the court declines to exercise jurisdiction under section 43-1244 on the basis of being an inconvenient forum. Floerchinger v. Floerchinger, 24 Neb. App. 120, 883 N.W.2d 419 (2016).
The Uniform Child Custody Jurisdiction and Enforcement Act lists evidence concerning the child's care, protection, training, and personal relationships as relevant evidence regarding custody. Floerchinger v. Floerchinger, 24 Neb. App. 120, 883 N.W.2d 419 (2016).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1240 - Jurisdiction to modify determination.

43-1240.
Jurisdiction to modify determination.
Except as otherwise provided in section 43-1241, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under subdivision (a)(1) or (a)(2) of section 43-1238 and:
(1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under section 43-1239 or that a court of this state would be a more convenient forum under section 43-1244; or
(2) a court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
Source
Laws 2003, LB 148, § 15.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1241 - Temporary emergency jurisdiction.

43-1241.
Temporary emergency jurisdiction.
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(b) If there is no previous child custody determination that is entitled to be enforced under the Uniform Child Custody Jurisdiction and Enforcement Act and a child custody proceeding has not been commenced in a court of a state having jurisdiction under sections 43-1238 to 43-1240, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under such sections. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under such sections, a child custody determination made under this section becomes a final determination, if it so provides, and this state becomes the home state of the child.
(c) If there is a previous child custody determination that is entitled to be enforced under the act, or a child custody proceeding has been commenced in a court of a state having jurisdiction under sections 43-1238 to 43-1240, any order issued by a court of this state under this section shall specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under such sections. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d) A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under sections 43-1238 to 43-1240, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to such sections, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Source
Laws 2003, LB 148, § 16.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1242 - Notice; opportunity to be heard; joinder.

43-1242.
Notice; opportunity to be heard; joinder.
(a) Before a child custody determination is made under the Uniform Child Custody Jurisdiction and Enforcement Act, notice and an opportunity to be heard in accordance with the standards of section 43-1233 shall be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
(b) The act does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.
(c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under the act are governed by the law of this state as in child custody proceedings between residents of this state.
Source
Laws 2003, LB 148, § 17.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1243 - Simultaneous proceedings.

43-1243.
Simultaneous proceedings.
(a) Except as otherwise provided in section 43-1241, a court of this state may not exercise its jurisdiction under sections 43-1238 to 43-1247 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with the Uniform Child Custody Jurisdiction and Enforcement Act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under section 43-1244.
(b) Except as otherwise provided in section 43-1241, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to section 43-1246. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with the act, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with the act does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(c) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(1) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2) enjoin the parties from continuing with the proceeding for enforcement; or
(3) proceed with the modification under conditions it considers appropriate.
Source
Laws 2003, LB 148, § 18.
Annotations
Since a child custody proceeding had been commenced in North Dakota, the Nebraska court should have stayed its juvenile proceeding and communicated with the North Dakota court. In re Interest of Kirsten H., 25 Neb. App. 909, 915 N.W.2d 815 (2018).
The statutory provision to contact the out-of-state court is not mandatory but merely directory. Garcia v. Rubio, 12 Neb. App. 228, 670 N.W.2d 475 (2003).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1245 - Jurisdiction declined by reason of conduct.

43-1245.
Jurisdiction declined by reason of conduct.
(a) Except as otherwise provided in section 43-1241 or by other law of this state, if a court of this state has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2) a court of the state otherwise having jurisdiction under sections 43-1238 to 43-1240 determines that this state is a more appropriate forum under section 43-1244; or
(3) no court of any other state would have jurisdiction under the criteria specified in sections 43-1238 to 43-1240.
(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a) of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under sections 43-1238 to 43-1240.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this section, it may assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses 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 are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than the act.
Source
Laws 2003, LB 148, § 20.