Nebraska Revised Statutes

Neb. Rev. Stat. § 43-245 (2026)

Terms, defined

✓ current as of July 2026

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For purposes of the Nebraska Juvenile Code, unless the context otherwise requires:

(1) Abandonment means a parent's intentionally withholding from a child, without just cause or excuse, the parent's presence, care, love, protection, and maintenance and the opportunity for the display of parental affection for the child;

(2) Age of majority means nineteen years of age;

(3) Alternative to detention means a program or directive that increases supervision of a youth in the community in an effort to ensure the youth attends court and refrains from committing a new law violation. Alternative to detention includes, but is not limited to, electronic monitoring, day and evening reporting centers, house arrest, tracking, family crisis response, and temporary shelter placement. Except for the use of manually controlled delayed egress of not more than thirty seconds, placements that utilize physical construction or hardware to restrain a youth's freedom of movement and ingress and egress from placement are not considered alternatives to detention;

(4) Approved center means a center that has applied for and received approval from the Director of the Office of Dispute Resolution under section 25-2909;

(5) Civil citation means a noncriminal notice which cannot result in a criminal record and is described in section 43-248.02;

(6) Cost or costs means (a) the sum or equivalent expended, paid, or charged for goods or services, or expenses incurred, or (b) the contracted or negotiated price;

(7) Criminal street gang means a group of three or more people with a common identifying name, sign, or symbol whose group identity or purposes include engaging in illegal activities;

(8) Criminal street gang member means a person who willingly or voluntarily becomes and remains a member of a criminal street gang;

(9) Custodian means a nonparental caretaker having physical custody of the juvenile and includes an appointee described in section 43-294;

(10) Detention means the temporary care of a juvenile in a physically restrictive facility designed with constructions or fixtures to control the movement of the juvenile to secure the juvenile's lawful custody;

(11) Guardian means a person, other than a parent, who has qualified by law as the guardian of a juvenile pursuant to testamentary or court appointment, but excludes a person who is merely a guardian ad litem;

(12) Juvenile means any person under the age of eighteen;

(13) Juvenile court means the separate juvenile court where it has been established pursuant to sections 43-2,111 to 43-2,127 and the county court sitting as a juvenile court in all other counties. Nothing in the Nebraska Juvenile Code shall be construed to deprive the district courts of their habeas corpus, common-law, or chancery jurisdiction or the county courts and district courts of jurisdiction of domestic relations matters as defined in section 25-2740;

(14) Juvenile detention facility has the same meaning as in section 83-4,125;

(15) Legal custody has the same meaning as in section 43-2922;

(16) Mental health facility means a treatment facility as defined in section 71-914 or a government, private, or state hospital which treats mental illness;

(17) Nonoffender means a juvenile who is subject to the jurisdiction of the juvenile court for reasons other than legally prohibited conduct, including, but not limited to, juveniles described in subdivision (3)(a) of section 43-247;

(18) Parent means one or both parents or stepparents when the stepparent is married to a parent who has physical custody of the juvenile as of the filing of the petition;

(19) Parties means the juvenile as described in section 43-247 and his or her parent, guardian, or custodian;

(20) Physical custody has the same meaning as in section 43-2922;

(21) Except in proceedings under the Nebraska Indian Child Welfare Act, relative means father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece;

(22) Restorative justice means practices, programs, or services that emphasize repairing the harm caused to victims and the community by persons who have caused the harm or committed an offense. Restorative justice practices may include, but are not limited to, victim youth conferencing, victim-offender mediation, youth or community dialogue, panels, circles, and truancy mediation;

(23) Restorative justice facilitator means a qualified individual who has been trained to facilitate restorative justice practices. A qualified individual shall be approved by the referring county attorney, city attorney, or juvenile or county court judge. Factors for approval may include, but are not limited to, an individual's education and training in restorative justice principles and practices; experience in facilitating restorative justice sessions; understanding of the necessity to do no harm to either the victim or the person who harmed the victim; and proven commitment to ethical practices;

(24) Seal a record means that a record shall not be available to the public except upon the order of a court upon good cause shown;

(25) Secure detention means detention in a highly structured, residential, hardware-secured facility designed to restrict a juvenile's movement;

(26) Staff secure juvenile facility means a juvenile residential facility operated by a political subdivision (a) which does not include construction designed to physically restrict the movements and activities of juveniles who are in custody in the facility, (b) in which physical restriction of movement or activity of juveniles is provided solely through staff, (c) which may establish reasonable rules restricting ingress to and egress from the facility, and (d) in which the movements and activities of individual juvenile residents may, for treatment purposes, be restricted or subject to control through the use of intensive staff supervision. Staff secure juvenile facility does not include any institution operated by the Department of Correctional Services;

(27) Status offender means a juvenile who has been charged with or adjudicated for conduct which would not be a crime if committed by an adult, including, but not limited to, juveniles charged under subdivision (3)(b) of section 43-247 and sections 53-180.01 and 53-180.02;

(28) Traffic offense means any nonfelonious act in violation of a law or ordinance regulating vehicular or pedestrian travel, whether designated a misdemeanor or a traffic infraction; and

(29) Young adult means an individual older than eighteen years of age but under twenty-one years of age.

Notes of Decisions

Cited in 96 cases (13 in the last 5 years), 1982–2026 · leading case: State v. J.K. (In Re Interest of J.K.), 300 Neb. 510 (Neb. 2018).

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State v. J.K. (In Re Interest of J.K.), 300 Neb. 510 (Neb. 2018). · cites it 4× “had initially only told officers that she went home to her 1 See Neb. Rev. Stat. §§ 43-245 to 43-2,129 (Reissue 2008 & Cum.”

In re Interest of Nizigiyimana R., 889 N.W.2d 362 (Neb. 2016). · cites it 5× “22 See Neb. Rev. Stat. § 43-245 (21) (Reissue 2016).”

Nateesha B. v. Samuel C. (In Re Interest of Kamiya C.), 302 Neb. 226 (Neb. 2019). · cites it 4× “Neb. Rev. Stat. § 43-245 (12) (Reissue 2016) provides in part: "Nothing in the Nebraska Juvenile Code shall be construed to deprive the district courts of their habeas corpus, common-law, or chancery jurisdiction or the county courts and district courts of jurisdiction of…”

Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007). · cites it 10× “However, if the child was subject to the juvenile court’s jurisdiction at the age of eighteen, the court’s jurisdiction continues until the child turns nineteen or is married.”

Christine W. v. Trevor W., 303 Neb. 245 (Neb. 2019). · cites it 3× “Neb. Rev. Stat. §§ 43-245 to 43-2,129 (Reissue 2016 & Cum.”

In Re Interest of Destiny S., 639 N.W.2d 400 (Neb. 2002). · cites it 6× “iling to recognize her right to intervene as a foster parent; (3) failing to allow her to intervene as a person who stood in loco parentis to Destiny; (4) failing to recognize that she had a justiciable interest in the controversy, thus giving her the right to intervene; (5)…”

In re Adoption of Madysen S., 879 N.W.2d 34 (Neb. 2016). · cites it 2× “30 See, In re Guardianship of Sain, supra note 1 ; Neb. Rev. Stat. § 43-245 (Supp. 2015). - 657 - Nebraska A dvance Sheets 293 Nebraska R eports IN RE ADOPTION OF MADYSEN S.”

State v. Aldana Cardenas, 990 N.W.2d 915 (Neb. 2023). · cites it 5× “” The State also cites Neb. Rev. Stat. § 43-245 (Cum. Supp. 2022), which provides definitions for purposes of the Nebraska Juvenile Code, and in particular § 43-245(11), which defines “juvenile” as “any person under the age of eighteen.”

In Re Interest of Ethan M., 723 N.W.2d 363 (Neb. Ct. App. 2006). · cites it 5× “For purposes of our analysis of these cases, the answer is provided by Neb. Rev. Stat. § 43-245 (11) (Reissue 2004), which *156 says that “[p]arent means one or both parents or a stepparent when such stepparent is married to the custodial parent as of the filing of the petition.”

In re Interest of Luz P., 295 Neb. 814 (Neb. 2017). · cites it 2× “10 The power to issue nunc pro tunc orders is not only conveyed by statute, but is inherent in the power of the courts.”

In Re Interest of Steven K., 661 N.W.2d 320 (Neb. Ct. App. 2003). · cites it 10× “Chapter 43 of the Nebraska Revised Statutes contains a series of statutes pertaining to infants and juveniles, including the Nebraska Juvenile Code, Neb.Rev.Stat. § 43-245 et seq. (Reissue 1998 & Cum.”

In Re Interest of DMB, 481 N.W.2d 905 (Neb. 1992). · cites it 4× “Neb.Rev.Stat. § 43-245 (Reissue 1988). It is noted that the amended petition does not allege that T.”

Show all 96 citing cases →

— Neb. Rev. Stat. § 43-245(1) — 4 cases

Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007). “However, if the child was subject to the juvenile court’s jurisdiction at the age of eighteen, the court’s jurisdiction continues until the child turns nineteen or is married.”

In Re Interest of Steven K., 661 N.W.2d 320 (Neb. Ct. App. 2003). “Chapter 43 of the Nebraska Revised Statutes contains a series of statutes pertaining to infants and juveniles, including the Nebraska Juvenile Code, Neb.Rev.Stat. § 43-245 et seq. (Reissue 1998 & Cum.”

J.M.N. v. Nebraska Dep't of Soc. Servs., 464 N.W.2d 811 (Neb. 1991).

In re Guardianship of Jaime G. (Neb. Ct. App. 2017).

— Neb. Rev. Stat. § 43-245(11) — 5 cases

In Re Interest of Ethan M., 723 N.W.2d 363 (Neb. Ct. App. 2006). “For purposes of our analysis of these cases, the answer is provided by Neb. Rev. Stat. § 43-245 (11) (Reissue 2004), which *156 says that “[p]arent means one or both parents or a stepparent when such stepparent is married to the custodial parent as of the filing of the petition.”

In Re Interest of Destiny S., 639 N.W.2d 400 (Neb. 2002). “iling to recognize her right to intervene as a foster parent; (3) failing to allow her to intervene as a person who stood in loco parentis to Destiny; (4) failing to recognize that she had a justiciable interest in the controversy, thus giving her the right to intervene; (5)…”

State v. Aldana Cardenas, 990 N.W.2d 915 (Neb. 2023). “” The State also cites Neb. Rev. Stat. § 43-245 (Cum. Supp. 2022), which provides definitions for purposes of the Nebraska Juvenile Code, and in particular § 43-245(11), which defines “juvenile” as “any person under the age of eighteen.”

State v. Emmanuel A., 33 Neb. Ct. App. 810 (Neb. Ct. App. 2025).

State v. Burris, 30 Neb. Ct. App. 109 (Neb. Ct. App. 2021).

— Neb. Rev. Stat. § 43-245(12) — 3 cases

Christine W. v. Trevor W., 303 Neb. 245 (Neb. 2019). “Neb. Rev. Stat. §§ 43-245 to 43-2,129 (Reissue 2016 & Cum.”

Christine W. v. Trevor W., 303 Neb. 245 (Neb. 2019).

In re Interest of Sarah H. (Neb. Ct. App. 2013).

— Neb. Rev. Stat. § 43-245(13) — 1 case

In re Interest of Danajah G. (Neb. Ct. App. 2015).

— Neb. Rev. Stat. § 43-245(15) — 1 case

— Neb. Rev. Stat. § 43-245(19) — 2 cases

In re Interest of Nizigiyimana R., 889 N.W.2d 362 (Neb. 2016). “22 See Neb. Rev. Stat. § 43-245 (21) (Reissue 2016).”

In re Interest of Sloane O., 291 Neb. 892 (Neb. 2015).

— Neb. Rev. Stat. § 43-245(2) — 4 cases

In Re Interest of Kayle C., 574 N.W.2d 473 (Neb. 1998).

State v. Burris, 30 Neb. Ct. App. 109 (Neb. Ct. App. 2021).

State v. Emmanuel A., 33 Neb. Ct. App. 810 (Neb. Ct. App. 2025).

— Neb. Rev. Stat. § 43-245(20) — 1 case

In re Interest of Danajah G. (Neb. Ct. App. 2015).

— Neb. Rev. Stat. § 43-245(4) — 4 cases

State v. Goodwin, 774 N.W.2d 733 (Neb. 2009).

In Interest of Roman, 327 N.W.2d 36 (Neb. 1982).

— Neb. Rev. Stat. § 43-245(5) — 1 case

Ramos v. Nebraska, 396 F. Supp. 2d 1053 (D. Neb. 2005).

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