Neb.
Rev. Stat. § 43-247
Nebraska Revised Statutes
of 1943
Chapter
43. Infants and Juveniles
Article
2. Juvenile Code
(B)
General Provisions
§
43-247. Juvenile court; jurisdiction.
The
juvenile court shall have exclusive original jurisdiction as to any
juvenile defined in subdivision (1) of this section who is
under the age of sixteen, as to any juvenile defined
in subdivision (3) of this section, and as to the
parties and proceedings provided in subdivisions (5), (6), and (8)
of this section. As used in this section, all references
to the juvenile's age shall be the age at the
time the act which occasioned the juvenile court action occurred.
The juvenile court shall have concurrent original jurisdiction with the
district court as to any juvenile defined in subdivision (2)
of this section. The juvenile court shall have concurrent original
jurisdiction with the district court and county court as to
any juvenile defined in subdivision (1) of this section who
is age sixteen or seventeen, any juvenile defined in subdivision
(4) of this section, and any proceeding under subdivision (7)
or (11)
of this section. The juvenile court shall have concurrent original
jurisdiction with the county court as to any proceeding under
subdivision (9) or (10) of this section. Notwithstanding any disposition
entered by the juvenile court under the Nebraska Juvenile Code,
the juvenile court's jurisdiction over any individual adjudged to be
within the provisions of this section shall continue until the
individual reaches the age of majority or the court otherwise
discharges the individual from its jurisdiction.
The
juvenile court in each county as herein provided shall have
jurisdiction of:
(1)
Any juvenile who has committed an act other than a
traffic offense which would constitute a misdemeanor or an infraction
under the laws of this state, or violation of a
city or village ordinance;
(2)
Any juvenile who has committed an act which would constitute
a felony under the laws of this state;
(3)
Any juvenile (a) who is homeless or destitute, or without
proper support through no fault of his or her parent,
guardian, or custodian; who is abandoned
by his or her parent, guardian, or custodian; who
lacks proper parental care by reason of the fault or
habits of his or her parent, guardian, or custodian;
whose parent, guardian, or custodian neglects or refuses to provide
proper or necessary subsistence, education, or other care necessary for
the health, morals, or well-being of such juvenile; whose
parent, guardian, or custodian is unable to provide or neglects
or refuses to provide special care made necessary by the
mental condition of the juvenile; or who is in
a situation or engages in an occupation dangerous to life
or limb or injurious to the health or morals of
such juvenile, (b) who, by reason of being wayward or
habitually disobedient, is uncontrolled by his or her parent, guardian,
or custodian; who deports himself or herself so as
to injure or endanger seriously the morals or health of
himself, herself, or others; or who is habitually truant
from home or school, or (c) who is mentally ill
and dangerous as defined in section 71-908;
(4)
Any juvenile who has committed an act which would constitute
a traffic offense as defined in section 43-245;
(5)
The parent, guardian, or custodian who has custody of any
juvenile described in this section;
(6)
The proceedings for termination of parental rights as provided in
the Nebraska Juvenile Code;
(7)
The proceedings for termination of parental rights as provided in
section 42-364;
(8)
Any juvenile who has been voluntarily relinquished, pursuant to section
43- 106.01, to the Department of Health and Human Services
or any child placement agency licensed by the Department of
Health and Human Services;
(9)
Any juvenile who was a ward of the juvenile court
at the inception of his or her guardianship and whose
guardianship has been disrupted or terminated;
(10)
The adoption or guardianship proceedings for a child over which
the juvenile court already has jurisdiction under another provision of
the Nebraska Juvenile Code; and
(11)
The paternity determination for a child over which the juvenile
court already has jurisdiction.
Notwithstanding
the provisions of the Nebraska Juvenile Code, the determination of
jurisdiction over any Indian child as defined in section 43-1503
shall be subject to the Nebraska Indian Child Welfare Act; and the district court shall have exclusive jurisdiction
in proceedings brought pursuant to section 71-510.
Source:
Laws 1981, LB 346, §
3; Laws 1982, LB 215, §
2; Laws 1982, LB 787, §
2; Laws 1984, LB 13, §
77; Laws 1985, LB 255, §
32; Laws 1985, LB 447, §
13; Laws 1996, LB 1044, §
127; Laws 1997, LB 307, §
58; Laws 1997, LB 622, §
63; Laws 1998, LB 1041, §
22; Laws 2001, LB 23, §
1; Laws 2004, LB 1083, §
92; Laws 2006, LB 1115, §
31. Operative date July 14, 2006.
Neb.
Rev. St. §
43-247, NE ST §
43-247 |