Nebraska Revised Statutes

Neb. Rev. Stat. § 43-1308 (2026)

Local board; powers and duties

✓ current as of July 2026

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(1) Except as otherwise provided in the Nebraska Indian Child Welfare Act, the designated local board shall:

(a) Conduct a foster care file audit case review at least once every six months for the case of each child in a foster care placement to determine what efforts have been made to carry out the plan or permanency plan for rehabilitation of the foster child and family unit or for permanent placement of such child pursuant to section 43-1312;

(b) Submit to the court having jurisdiction over such child for the purposes of foster care placement, within thirty days after the foster care file audit case review, its findings and recommendations regarding the efforts and progress made to carry out the plan or permanency plan established pursuant to section 43-1312 together with any other recommendations it chooses to make regarding the child. The findings and recommendations shall include whether there is a need for continued out-of-home placement, whether the current placement is safe and appropriate, the specific reasons for the findings and recommendations, including factors, opinions, and rationale considered in the foster care file audit case review, whether the grounds for termination of parental rights under section 43-292 appear to exist, and the date of the next foster care file audit case review by the designated local board;

(c) If the return of the child to his or her parents is not likely, recommend referral for adoption and termination of parental rights, guardianship, placement with a relative, or, as a last resort, another planned, permanent living arrangement; and

(d) Promote and encourage stability and continuity in foster care by discouraging unnecessary changes in the placement of foster children and by encouraging the recruitment of foster parents who may be eligible as adoptive parents.

(2) When the office or designated local board determines that the interests of a child in a foster care placement would be served thereby, the office or designated local board may request a court review hearing as provided for in section 43-1313.

(3) Due to the confidential and protected nature of child-specific and family-specific information regarding mental and behavioral health services, if such information is discussed at a local board meeting or a portion of a meeting, the portion of the meeting at which such information is discussed shall be exempt from the Open Meetings Act.

Notes of Decisions

Cited in 4 cases, 1995–2009 · leading case: Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007).

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Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007). · cites it 9× “Neb.Rev.Stat. § 43-1308(LEXIS 2005). See also filing 73, ex.”

In Re Interest of Mainor T., 674 N.W.2d 442 (Neb. 2004). · cites it 2× “See Neb. Rev. Stat. § 43-1308 (Reissue 1998) (requiring FCRB to review foster care cases every 6 months and submit its findings and recommendations to court with jurisdiction).”

In Re Interest of John T., 538 N.W.2d 761 (Neb. Ct. App. 1995). · cites it 3× “Section 43-1308(2) gives the Board the right to request the court to hold a review hearing.”

OMNI Behavioral Health v. Nebraska Foster Care Review Bd., 764 N.W.2d 398 (Neb. 2009). “CONCLUSION For the reasons discussed, we affirm the judgment of the district court.”

— Neb. Rev. Stat. § 43-1308(1)(b) — 1 case

OMNI Behavioral Health v. Nebraska Foster Care Review Bd., 764 N.W.2d 398 (Neb. 2009). “CONCLUSION For the reasons discussed, we affirm the judgment of the district court.”

— Neb. Rev. Stat. § 43-1308(2) — 1 case

In Re Interest of John T., 538 N.W.2d 761 (Neb. Ct. App. 1995). “Section 43-1308(2) gives the Board the right to request the court to hold a review hearing.”

— Neb. Rev. Stat. § 43-1308(d) — 1 case

Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007). “Neb.Rev.Stat. § 43-1308(LEXIS 2005). See also filing 73, ex.”

— Neb. Rev. Stat. § 43-1308(l)(b) — 2 cases

Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007). “Neb.Rev.Stat. § 43-1308(LEXIS 2005). See also filing 73, ex.”

In Re Interest of John T., 538 N.W.2d 761 (Neb. Ct. App. 1995). “Section 43-1308(2) gives the Board the right to request the court to hold a review hearing.”

— Neb. Rev. Stat. § 43-1308(l)(c) — 1 case

Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007). “Neb.Rev.Stat. § 43-1308(LEXIS 2005). See also filing 73, ex.”

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