Nebraska Revised Statute 43-245

Revised Statutes » Chapter 43 » 43-245
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43-245. Terms, defined.

For purposes of the Nebraska Juvenile Code, unless the context otherwise requires:

(1) Abandonment means a parent's intentionally withholding from a child, without just cause or excuse, the parent's presence, care, love, protection, and maintenance and the opportunity for the display of parental affection for the child;

(2) Age of majority means nineteen years of age;

(3) Approved center means a center that has applied for and received approval from the Director of the Office of Dispute Resolution under section 25-2909;

(4) Civil citation means a noncriminal notice which cannot result in a criminal record and is described in section 43-248.02;

(5) Cost or costs means (a) the sum or equivalent expended, paid, or charged for goods or services, or expenses incurred, or (b) the contracted or negotiated price;

(6) Criminal street gang means a group of three or more people with a common identifying name, sign, or symbol whose group identity or purposes include engaging in illegal activities;

(7) Criminal street gang member means a person who willingly or voluntarily becomes and remains a member of a criminal street gang;

(8) Custodian means a nonparental caretaker having physical custody of the juvenile and includes an appointee described in section 43-294;

(9) Guardian means a person, other than a parent, who has qualified by law as the guardian of a juvenile pursuant to testamentary or court appointment, but excludes a person who is merely a guardian ad litem;

(10) Juvenile means any person under the age of eighteen;

(11) Juvenile court means the separate juvenile court where it has been established pursuant to sections 43-2,111 to 43-2,127 and the county court sitting as a juvenile court in all other counties. Nothing in the Nebraska Juvenile Code shall be construed to deprive the district courts of their habeas corpus, common-law, or chancery jurisdiction or the county courts and district courts of jurisdiction of domestic relations matters as defined in section 25-2740;

(12) Juvenile detention facility has the same meaning as in section 83-4,125;

(13) Legal custody has the same meaning as in section 43-2922;

(14) Mediator for juvenile offender and victim mediation means a person who (a) has completed at least thirty hours of training in conflict resolution techniques, neutrality, agreement writing, and ethics set forth in section 25-2913, (b) has an additional eight hours of juvenile offender and victim mediation training, and (c) meets the apprenticeship requirements set forth in section 25-2913;

(15) Mental health facility means a treatment facility as defined in section 71-914 or a government, private, or state hospital which treats mental illness;

(16) Nonoffender means a juvenile who is subject to the jurisdiction of the juvenile court for reasons other than legally prohibited conduct, including, but not limited to, juveniles described in subdivision (3)(a) of section 43-247;

(17) Nonsecure detention means detention characterized by the absence of restrictive hardware, construction, and procedure. Nonsecure detention services may include a range of placement and supervision options, such as home detention, electronic monitoring, day reporting, drug court, tracking and monitoring supervision, staff secure and temporary holdover facilities, and group homes;

(18) Parent means one or both parents or stepparents when the stepparent is married to a parent who has physical custody of the juvenile as of the filing of the petition;

(19) Parties means the juvenile as described in section 43-247 and his or her parent, guardian, or custodian;

(20) Physical custody has the same meaning as in section 43-2922;

(21) Except in proceedings under the Nebraska Indian Child Welfare Act, relative means father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece;

(22) Seal a record means that a record shall not be available to the public except upon the order of a court upon good cause shown;

(23) Secure detention means detention in a highly structured, residential, hardware-secured facility designed to restrict a juvenile's movement;

(24) Staff secure juvenile facility has the same meaning as in section 83-4,125;

(25) Status offender means a juvenile who has been charged with or adjudicated for conduct which would not be a crime if committed by an adult, including, but not limited to, juveniles charged under subdivision (3)(b) of section 43-247 and sections 53-180.01 and 53-180.02; and

(26) Traffic offense means any nonfelonious act in violation of a law or ordinance regulating vehicular or pedestrian travel, whether designated a misdemeanor or a traffic infraction.

Source

    Laws 1981, LB 346, § 1;
    Laws 1985, LB 447, § 11;
    Laws 1987, LB 638, § 1;
    Laws 1989, LB 182, § 9;
    Laws 1996, LB 1296, § 20;
    Laws 1997, LB 622, § 62;
    Laws 1998, LB 1041, § 20;
    Laws 1998, LB 1073, § 11;
    Laws 2000, LB 1167, § 11;
    Laws 2004, LB 1083, § 91;
    Laws 2009, LB63, § 28;
    Laws 2010, LB800, § 12;
    Laws 2013, LB561, § 6;
    Laws 2014, LB464, § 7;
    Laws 2014, LB908, § 3.
    Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB464, section 7, with LB908, section 3, to reflect all amendments.
    Note: Changes made by LB908 became effective July 18, 2014. Changes made by LB464 became operative July 18, 2014.

Cross References

    Nebraska Indian Child Welfare Act, see section 43-1501.

Annotations

The language of subsection (2) (now subsection (11)) of this section is not exclusive; it merely identifies the necessary parties to a juvenile proceeding. The grandparents of a child subject to dependency proceedings under section 43-247 are entitled to intervene as a matter of right in the proceedings. In re Interest of Kayle C. & Kylee C., 253 Neb. 685, 574 N.W.2d 473 (1998).

A custodial parent's live-in boyfriend or girlfriend is not a "parent." In re Interest of Ethan M., 15 Neb. App. 148, 723 N.W.2d 363 (2006).