Nebraska Revised Statutes of 1943

Chapter 43. Infants and Juveniles

Article 1. Adoption Procedures

(A) General Provisions

§ 43-111.01. Denial of petition; court; powers.

Except as otherwise provided in the Nebraska Indian Child Welfare Act, if, upon a hearing, the court shall deny a petition for adoption, the court may take custody of the child involved and determine whether or not it is in the best interests of the child to remain in the custody of the proposed adopting parents. The court may also, on its own motion, appoint a legal guardian over the person and property of such minor and make disposition in the best interests of the child without further notice, relinquishments, or consents as may otherwise be required by sections 43-102 to 43-112.

Source: Laws 1965, c. 231, § 1, p. 674; Laws 1971, LB 384, § 1; Laws 1985, LB 255, § 24.

CROSS REFERENCE

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

NOTES OF DECISIONS

Where abandonment is found so as to permit substitute consent to be given, the county court may still refuse to allow the adoption, in which case the parental rights remain intact until a decree of adoption is in fact granted. In re Guardianship of Sain, 211 Neb. 508, 319 N.W.2d 100 (1982).