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NE ST § 43-247
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Neb.Rev.St. § 43-247
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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 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 or custody 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.
CREDIT(S)
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; Laws 2008, LB 280, § 3, eff. July 18,
2008; Laws
2008, LB 1014, § 37, eff. July 18,
2008.
HISTORICAL AND STATUTORY NOTES
Laws 2008, LB 280, in subsec. (11), inserted "or custody" following "The paternity".
Laws 2008, LB 1014, in subsec. (5), deleted "who has custody".
Laws 2008, LB 1014, § 75 provides:
"Sec.
75. If any section in this act or any part of any section is declared
invalid or unconstitutional, the declaration shall not affect the
validity or
constitutionality of the remaining
portions."
Laws
2008, LB 280, § 3, and Laws 2008, LB 1014, § 37, both amended the same
section. Under § 49-769, the Revisor of Statutes has the authority to
reconcile two or more bills
amending the same section to reflect all amendments.
Neb. Rev. St. § 43-247, NE ST § 43-247