(1) Except as otherwise provided in the Nebraska Indian Child Welfare Act, notice of the court review or hearing and the right of participation in all court reviews and hearings pertaining to a child in a foster care placement shall be provided by the court having jurisdiction over such child for the purposes of foster care placement. The Department of Health and Human Services or contract agency shall have the contact information for all child placements available for all courts to comply with the notification requirements found in this section. The department or contract agency shall each have one telephone number by which any court seeking to provide notice may obtain up-to-date contact information of all persons listed in subdivisions (2)(a) through (h) of this section. All contact information shall be up-to-date within seventy-two hours of any placement change.
(2) Notice shall be provided to all of the following parties that are applicable to the case: (a) The person charged with the care of such child; (b) the child's parents or guardian unless the parental rights of the parents have been terminated by court action as provided in section 43-292 or 43-297; (c) the foster child if age fourteen or over; (d) the foster parent or parents of the foster child; (e) the guardian ad litem of the foster child; (f) the office and designated local board; (g) the preadoptive parent, including a preadoptive parent of a tribal customary adoption as defined in section 43-1503; and (h) the relative providing care for the child. Notice of all court reviews and hearings shall be mailed or personally delivered to the counsel or party, if the party is not represented by counsel, five full days prior to the review or hearing. The use of ordinary mail shall constitute sufficient compliance. Notice to the foster parent, preadoptive parent, or relative providing care shall not be construed to require that such foster parent, preadoptive parent, or relative is a necessary party to the review or hearing.
(3) The court shall inquire into the well-being of the foster child by asking questions, if present at the hearing, of any willing foster parent, preadoptive parent, or relative providing care for the child.
Notes of Decisions
In Re Interest of Destiny S., 639 N.W.2d 400 (Neb. 2002).
· cites it 16× “Further, as the majority notes, Neb.Rev.Stat. § 43-1314 (Reissue 1998) was amended in 1998 to provide that "notice" such as Dorothy received shall not be construed to require that an individual receiving such notice be made a party.”
In re Interest of Nizigiyimana R., 889 N.W.2d 362 (Neb. 2016).
· cites it 5× “7 They also claim they had standing to intervene as preadoptive parents under Neb. Rev. Stat. § 43-1314 (Reissue 2016) because it requires a juve- nile court to permit preadoptive parents to participate in review hearings.”
In re Interest of Enyce J. & Eternity M., 291 Neb. 965 (Neb. 2015).
· cites it 8× “We had previously held that in a private adoption, the adoptive family stands on equal ground with a natural mother with respect to a determination of custody.”
In re Interest of Nettie F., 887 N.W.2d 45 (Neb. 2016).
· cites it 5× “In 1998, however, the Legislature amended this statute to provide that the notice requirement “‘shall not be construed to require that such foster parent, preadoptive parent, or relative be made a party to the review solely on the basis of such notice and opportunity to be heard.”
Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007).
· cites it 2× “The court is required to provide the board with notice of any court review and the right to participate in hearings pertaining to a child in foster care placement, Neb.Rev.Stat. § 43-1314(LEXIS 2005). II. The Named Plaintiffs.”
In Re Interest of Jorius G., 546 N.W.2d 796 (Neb. 1996).
· cites it 3× “To this end, § 43-1314 provides: Except as otherwise provided in the Nebraska Indian Child Welfare Act, notice of the court review and the right *896 of participation in all court reviews pertaining to a child in a foster care placement shall be provided by the court having…”
In Re Interest of John T., 538 N.W.2d 761 (Neb. Ct. App. 1995).
· cites it 2× “Section 43-1314 requires the juvenile court to give notice to the Board of all reviews pertaining to a child in foster care placement and gives the Board the right to participate in such reviews.”
In re Interest of Carter P. & Isabel P. (Neb. Ct. App. 2017).
· cites it 2× “While foster parents do have a right to participate in review hearings under Neb. Rev. Stat. § 43-1314 (Reissue 2016), that ability to participate does not give them an interest sufficient to warrant intervention as a matter of right.”
— Neb. Rev. Stat. § 43-1314(2) — 2 cases
In re Interest of Nizigiyimana R., 889 N.W.2d 362 (Neb. 2016).
“7 They also claim they had standing to intervene as preadoptive parents under Neb. Rev. Stat. § 43-1314 (Reissue 2016) because it requires a juve- nile court to permit preadoptive parents to participate in review hearings.”
In re Interest of Enyce J. & Eternity M., 291 Neb. 965 (Neb. 2015).
“We had previously held that in a private adoption, the adoptive family stands on equal ground with a natural mother with respect to a determination of custody.”
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