Nebraska Revised Statutes

Neb. Rev. Stat. § 43-1312 (2026)

Plan or permanency plan for foster child; contents; investigation; hearing; court; duties

✓ current as of July 2026

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(1) Following the investigation conducted pursuant to section 43-1311 and immediately following the initial placement of the child, the person or court in charge of the child shall cause to be established a safe and appropriate plan for the child. The plan shall contain at least the following:

(a) The purpose for which the child has been placed in foster care;

(b) The estimated length of time necessary to achieve the purposes of the foster care placement;

(c) A description of the services which are to be provided in order to accomplish the purposes of the foster care placement;

(d) The person or persons who are directly responsible for the implementation of such plan;

(e) A complete record of the previous placements of the foster child;

(f) The name of the school the child shall attend as provided in section 43-1311; and

(g) The efforts made to involve and engage the child in the development of such plan as provided in the Nebraska Strengthening Families Act.

(2)(a) Subject to subdivision (2)(b) of this section, if the return of the child to his or her parents is not likely based upon facts developed as a result of the investigation, the Department of Health and Human Services shall recommend termination of parental rights and referral for adoption, guardianship, placement with a relative, or, as a last resort, and only in the case of a child who has attained sixteen years of age, another planned permanent living arrangement. If the child is removed from his or her home, the department shall make reasonable efforts to accomplish joint-sibling placement or sibling visitation or ongoing interaction between the siblings as provided in section 43-1311.02.

(b) In the case of an Indian child who may be eligible for a tribal customary adoption as defined in section 43-1503, the department may recommend referral for a tribal customary adoption. If the department makes such a recommendation, the department shall not recommend termination of parental rights.

(3) Each child in foster care under the supervision of the state shall have a permanency hearing by a court, no later than twelve months after the date the child enters foster care and annually thereafter during the continuation of foster care. The court's order shall include the determinations required by section 43-4711 and a finding regarding the appropriateness of the permanency plan determined for the child and shall include whether, and if applicable when, the child will be:

(a) Returned to the parent;

(b) Referred to the state for filing of a petition for termination of parental rights;

(d) Referred for guardianship; or

(e) In cases where the state agency has documented to the court a compelling reason for determining that it would not be in the best interests of the child to return home, (i) referred for termination of parental rights, (ii) placed for adoption with a fit and willing relative, or (iii) placed with a guardian.

(4) As provided in the Nebraska Strengthening Families Act, in the case of any child age sixteen years of age or older for whom another planned permanent living arrangement is the recommended or court-approved permanency plan:

(a) The permanency plan shall include the identification of significant, supportive connections with identified adults willing to be consistently involved in the child's life as the child transitions to adulthood;

(b) The department shall document the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the department to return the child home or secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent; and

(i) Ask the child about the desired permanency outcome for the child;

(ii) Make a determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child and the compelling reasons why it continued to not be in the best interests of the child to return home, be placed for adoption, be placed with a legal guardian, or be placed with a fit and willing relative; and

(iii) Make a determination that the department has met the requirements in subdivisions (a) and (b) of this subsection before approving a permanency plan of another planned permanent living arrangement for a child sixteen years of age or older.

Notes of Decisions

Cited in 18 cases (2 in the last 5 years), 1998–2023 · leading case: In Re Interest of Spencer O., 765 N.W.2d 443 (Neb. 2009).

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In Re Interest of Spencer O., 765 N.W.2d 443 (Neb. 2009). · cites it 29× “He argued that the court should have interpreted subsection (3) with subsections (1) and (2) of § 43-1312 and limited permanency hearings to those children subject to the court's jurisdiction under § 43-247(3), (4), or (9).”

In re Interest of Nizigiyimana R., 889 N.W.2d 362 (Neb. 2016). · cites it 6× “However, Neb. Rev. Stat. § 43-1312 (2) (Reissue 2016) governs the Department’s duties when its investigation of a child’s circumstances reveals that a juvenile court is unlikely to return a child to parental custody.”

In Re DeWayne G., Jr., 638 N.W.2d 510 (Neb. 2002). · cites it 4× “(3) If continuation of reasonable efforts to preserve and reunify the family is determined to be inconsistent with the permanency plan determined for the juvenile in accordance with a permanency hearing under section 43-1312, efforts shall be made to place the juvenile in a…”

In Re Interest of Sarah K., 601 N.W.2d 780 (Neb. 1999). · cites it 9× “*54 Operative July 1, 1998, Neb. Rev. Stat. § 43-1312 (Reissue 1993) was amended to require, in pertinent part, that initial and periodic hearings be held to review permanency plans for juveniles who have been in state foster care for 12 months.”

In Re Interest of Mainor T., 674 N.W.2d 442 (Neb. 2004). · cites it 2× “, Neb. Rev. Stat. § 43-1312 (2) (Reissue 1998) (requiring DHHS to adopt case plan calling for adoption, guardianship, et cetera, when return of child to parents is unlikely based on investigation); In re Interest of Tabatha R.”

In re Interest of Denzel D., 314 Neb. 631 (Neb. 2023). · cites it 2× “01(1)(a) through (d) provide, inter alia: (1) If the permanency plan for a child established pur- suant to section 43-1312 does not recommend return of the child to his or her parent or that the child be placed for adoption, the juvenile court may place the child in a…”

In Re Tayla R., 767 N.W.2d 127 (Neb. Ct. App. 2009). · cites it 2× “01(3) (Reissue 2008) states: If continuation of reasonable efforts to preserve and reunify the family is determined to be inconsistent with the permanency plan determined for the juvenile in accordance with a permanency hearing under section 43-1312, efforts shall be made to…”

In re Interest of LeVanta S., 887 N.W.2d 502 (Neb. 2016). “- 162 - Nebraska Supreme Court A dvance Sheets 295 Nebraska R eports IN RE INTEREST OF LeVANTA S.”

Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007). · cites it 2× “” Neb.Rev.Stat. § 43-1312(l)(a) & (2)(LEXIS 2005).”

In Re Interest of Clifford M., 606 N.W.2d 743 (Neb. 2000). · cites it 2× “See Neb. Rev. Stat. § 43-1312 (Reissue 1998).”

Calkins Ex Rel. Antonio S. v. Nebraska Dep't of Health & Human Servs., 708 N.W.2d 614 (Neb. 2005). · cites it 2× “Neb. Rev. Stat. § 43-1312 (3) (Reissue 2004).”

Anthony K. v. State, 289 Neb. 523 (Neb. 2014). “01; and (6) as applied challenge of § 43-1312, which requires a plan or permanency plan for children placed in foster care.”

Show all 18 citing cases →

— Neb. Rev. Stat. § 43-1312(1) — 1 case

In Re Interest of Spencer O., 765 N.W.2d 443 (Neb. 2009). “He argued that the court should have interpreted subsection (3) with subsections (1) and (2) of § 43-1312 and limited permanency hearings to those children subject to the court's jurisdiction under § 43-247(3), (4), or (9).”

— Neb. Rev. Stat. § 43-1312(2) — 2 cases

In re Interest of Nizigiyimana R., 889 N.W.2d 362 (Neb. 2016). “However, Neb. Rev. Stat. § 43-1312 (2) (Reissue 2016) governs the Department’s duties when its investigation of a child’s circumstances reveals that a juvenile court is unlikely to return a child to parental custody.”

In re Interest of Estrellita L. (Neb. Ct. App. 2015).

— Neb. Rev. Stat. § 43-1312(3) — 5 cases

In Re Interest of Sarah K., 601 N.W.2d 780 (Neb. 1999). “*54 Operative July 1, 1998, Neb. Rev. Stat. § 43-1312 (Reissue 1993) was amended to require, in pertinent part, that initial and periodic hearings be held to review permanency plans for juveniles who have been in state foster care for 12 months.”

In re Interest of LeVanta S., 887 N.W.2d 502 (Neb. 2016). “- 162 - Nebraska Supreme Court A dvance Sheets 295 Nebraska R eports IN RE INTEREST OF LeVANTA S.”

In re Interest of Bently C. & Alianna C. (Neb. Ct. App. 2020).

— Neb. Rev. Stat. § 43-1312(l)(a) — 1 case

Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007). “” Neb.Rev.Stat. § 43-1312(l)(a) & (2)(LEXIS 2005).”

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