| Neb.
Rev. Stat. § 43-102
Nebraska
Revised Statutes of 1943
Chapter
43. Infants and Juveniles
Article
1. Adoption Procedures
(A)
General Provisions
§
43-102. Petition requirements; decree; adoptive home study, when
required; jurisdiction; filings.
Except as otherwise provided
in the Nebraska Indian Child Welfare Act, any person or persons desiring
to adopt a minor child or an adult child shall file a petition for adoption
signed and sworn to by the person or persons desiring to adopt. The consent
or consents required by sections 43-104 and 43-105 or section 43-104.07,
the documents required by section 43-104.07 or the documents required
by sections 43-104.08 to 43-104.24, and a completed preplacement adoptive
home study if required by section 43-107 shall be filed prior to the hearing
required in section 43-103.
The county court of the
county in which the person or persons desiring to adopt the child reside
has jurisdiction of adoption proceedings, except that if a separate
juvenile court already has jurisdiction over the child to be adopted under
the Nebraska Juvenile Code, such separate juvenile court has concurrent
jurisdiction with the county court in such adoption proceeding. The petition
and all other court filings for an adoption proceeding shall be filed
with the clerk of the county court. The party shall state in the petition
whether such party requests that the proceeding be heard by the county
court or, in cases in which a separate juvenile court already has jurisdiction
over the child to be adopted under the Nebraska Juvenile Code, such separate
juvenile court. Such proceeding is considered a county court proceeding
even if heard by a separate juvenile court judge and an order of the separate
juvenile court in such adoption proceeding has the force and effect of
a county court order. The testimony in an adoption proceeding heard before
a separate juvenile court judge shall be preserved as in any other separate
juvenile court proceeding. The clerks of the district courts shall transfer
all adoption petitions and other adoption filings which were filed with
such clerks prior to August 28, 1999, to the clerk of the county court
where the separate juvenile court which heard the proceeding is situated.
The clerk of such county court shall file and docket such petitions and
other filings.
Except as set out in subdivisions
(1)(b)(ii), (iii), (iv), and (v) of section 43-107,
an adoption decree shall not be issued until at least six months after
an adoptive home study has been completed by the department or a licensed
child placement agency.
Source: Laws 1943, c.
104, § 2, p. 349; R.S.1943, § 43-102; Laws 1975, LB 224, §
1; Laws 1983, LB 146, § 1; Laws 1984, LB 510, § 2; Laws 1985,
LB 255, § 18; Laws 1993, LB 16, § 1; Laws 1995, LB 712, §
19; Laws 1996, LB 1001, § 1; Laws 1998, LB 1041, § 6; Laws 1999,
LB 375, § 2; Laws 1999, LB 594, § 9.
CROSS REFERENCES
Nebraska Indian Child
Welfare Act, see section 43-1501.
Nebraska Juvenile Code,
see section 43-2,129.
NOTES
OF DECISIONS
Failure to sign and verify
petition was not jurisdictional. Hiatt v. Menendez, 157 Neb. 914, 62 N.W.2d
123 (1954).
County court in adoption
proceeding determines question of permanent custody and control of minor.
Krell v. Jenkins, 157 Neb. 554, 60 N.W.2d 613 (1953).
Statutory procedure for
adoption must be followed. In re Petition of Ritchie, 155 Neb. 824, 53
N.W.2d 753 (1952).
|