Nebraska Revised Statutes

Neb. Rev. Stat. § 43-1301 (2026)

Terms, defined

✓ current as of July 2026

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For purposes of the Foster Care Review Act, unless the context otherwise requires:

(1) Local board means a local foster care review board created pursuant to section 43-1304;

(2) Office means the Foster Care Review Office created pursuant to section 43-1302;

(3) Foster care facility means any foster family home as defined in section 71-1901, residential child-caring agency as defined in section 71-1926, public agency, private agency, or any other person or entity receiving and caring for foster children;

(4) Foster care placements means (a) all types of placements of juveniles described in sections 43-245 and 43-247, (b) all types of placements of neglected, dependent, or delinquent children, including those made by the Department of Health and Human Services, by the court, by parents, or by third parties, (c) all types of placements of children who have been voluntarily relinquished pursuant to section 43-106.01 to the department or any child-placing agency as defined in section 71-1926 licensed by the department, and (d) all types of placements that are considered to be a trial home visit, including those made directly by the department or office;

(5) Person or court in charge of the child means (a) the Department of Health and Human Services, an association, or an individual who has been made the guardian of a neglected, dependent, or delinquent child by the court and has the responsibility of the care of the child and has the authority by and with the assent of the court to place such a child in a suitable family home or institution or has been entrusted with the care of the child by a voluntary placement made by a parent or legal guardian, (b) the court which has jurisdiction over the child, or (c) the entity having jurisdiction over the child pursuant to the Nebraska Indian Child Welfare Act;

(6) Voluntary placement means the placement by a parent or legal guardian who relinquishes the possession and care of a child to a third party, individual, or agency;

(7) Family unit means the social unit consisting of the foster child and the parent or parents or any person in the relationship of a parent, including a grandparent, and any siblings with whom the foster child legally resided prior to placement in foster care, except that for purposes of potential sibling placement, the child's family unit also includes the child's siblings even if the child has not resided with such siblings prior to placement in foster care;

(8) Residential child-caring agency has the definition found in section 71-1926;

(9) Child-placing agency has the definition found in section 71-1926;

(10) Siblings means biological siblings and legal siblings, including, but not limited to, half-siblings and stepsiblings; and

(11) Trial home visit means a placement of a court-involved juvenile who goes from a foster care placement back to his or her legal parent or parents or guardian but remains as a ward of the state.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1995–2022 · leading case: In re Interest of Nizigiyimana R., 889 N.W.2d 362 (Neb. 2016).

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In re Interest of Nizigiyimana R., 889 N.W.2d 362 (Neb. 2016). · cites it 6× “177, § 3 (codified at Neb. Rev. Stat. § 43-1301 (10) (Reissue 2016)).”

Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007). · cites it 8× “Neb.Rev.Stat. § 43-1301 et seq,(LEXIS 2005).”

In Re Interest of Destiny S., 639 N.W.2d 400 (Neb. 2002). · cites it 4× “Neb.Rev.Stat. §§ 43-1301 to 43-1318 (Reissue 1993).”

In Re Interest of Spencer O., 765 N.W.2d 443 (Neb. 2009). · cites it 3× “Thus, although § 43-1312(3) lists as an option the termination of parental rights, that was not a possibility in the State's delinquency case against Spencer.”

In re Interest of Jordon B., 981 N.W.2d 242 (Neb. 2022). · cites it 3× “Neb. Rev. Stat. § 43-1301 (1) (Reissue 2016) of the Act defines “[s]iblings” as “biological siblings and legal siblings, including, but not limited to, half-siblings and stepsiblings.”

In Re Interest of Jorius G., 546 N.W.2d 796 (Neb. 1996). · cites it 4× “) The Foster Care Review Act, Neb. Rev. Stat. §§ 43-1301 to 43-1318 (Reissue 1993), addresses the “placements of neglected, dependent, or delinquent children.”

In Re Interest of John T., 538 N.W.2d 761 (Neb. Ct. App. 1995). · cites it 2× “The Foster Care Review Act, Neb. Rev. Stat. §§ 43-1301 to 43-1318 (Reissue 1993), provides for a number of things which cause us to accord the Board’s opinion substantial weight.”

OMNI Behavioral Health v. Nebraska Foster Care Review Bd., 764 N.W.2d 398 (Neb. 2009). · cites it 2× “The evidence received in support of the motion for summary judgment shows that Stitt did not, as a matter of law, wrongfully interfere in her individual capacity with any contractual relationship between OMNI and the State of Nebraska, and the district court did not err in…”

— Neb. Rev. Stat. § 43-1301(1) — 1 case

In re Interest of Jordon B., 981 N.W.2d 242 (Neb. 2022). “Neb. Rev. Stat. § 43-1301 (1) (Reissue 2016) of the Act defines “[s]iblings” as “biological siblings and legal siblings, including, but not limited to, half-siblings and stepsiblings.”

— Neb. Rev. Stat. § 43-1301(10) — 1 case

In re Interest of Nizigiyimana R., 889 N.W.2d 362 (Neb. 2016). “177, § 3 (codified at Neb. Rev. Stat. § 43-1301 (10) (Reissue 2016)).”

— Neb. Rev. Stat. § 43-1301(3) — 1 case

In Re Interest of Spencer O., 765 N.W.2d 443 (Neb. 2009). “Thus, although § 43-1312(3) lists as an option the termination of parental rights, that was not a possibility in the State's delinquency case against Spencer.”

— Neb. Rev. Stat. § 43-1301(4) — 4 cases

Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007). “Neb.Rev.Stat. § 43-1301 et seq,(LEXIS 2005).”

In re Interest of Nizigiyimana R., 889 N.W.2d 362 (Neb. 2016). “177, § 3 (codified at Neb. Rev. Stat. § 43-1301 (10) (Reissue 2016)).”

In Re Interest of Jorius G., 546 N.W.2d 796 (Neb. 1996). “) The Foster Care Review Act, Neb. Rev. Stat. §§ 43-1301 to 43-1318 (Reissue 1993), addresses the “placements of neglected, dependent, or delinquent children.”

— Neb. Rev. Stat. § 43-1301(7) — 1 case

In re Interest of Nizigiyimana R., 889 N.W.2d 362 (Neb. 2016). “177, § 3 (codified at Neb. Rev. Stat. § 43-1301 (10) (Reissue 2016)).”

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