Acknowledging the responsibility of the juvenile court to act to preserve the public peace and security, the Nebraska Juvenile Code shall be construed to effectuate the following:
(1) To assure the rights of all juveniles to care and protection and a safe and stable living environment and to development of their capacities for a healthy personality, physical well-being, and useful citizenship and to protect the public interest;
(2) To provide for the intervention of the juvenile court in the interest of any juvenile who is within the provisions of the Nebraska Juvenile Code, with due regard to parental rights and capacities and the availability of nonjudicial resources;
(3) To remove juveniles who are within the Nebraska Juvenile Code from the criminal justice system whenever possible and to reduce the possibility of their committing future law violations through the provision of social and rehabilitative services to such juveniles and their families;
(4) To offer selected juveniles the opportunity to take direct personal responsibility for their individual actions by reconciling with the victims, or victim surrogates when appropriate, through restorative justice practices and fulfilling the terms of the resulting reparation plan which may require apologies, restitution, community service, or other agreed-upon means of making amends;
(5) To achieve the purposes of subdivisions (1) through (3) of this section in the juvenile's own home whenever possible, separating the juvenile from his or her parent when necessary for his or her welfare, the juvenile's health and safety being of paramount concern, or in the interest of public safety and, when temporary separation is necessary, to consider the developmental needs of the individual juvenile in all placements, to consider relatives as a preferred potential placement resource, and to make reasonable efforts to preserve and reunify the family if required under section 43-283.01;
(6) To promote adoption, guardianship, or other permanent arrangements for children in the custody of the Department of Health and Human Services who are unable to return home;
(7) To provide a judicial procedure through which these purposes and goals are accomplished and enforced in which the parties are assured a fair hearing and their constitutional and other legal rights are recognized and enforced;
(8) To assure compliance, in cases involving Indian children, with the Nebraska Indian Child Welfare Act; and
(9) To make any temporary placement of a juvenile in the least restrictive environment consistent with the best interests of the juvenile and the safety of the community.
Notes of Decisions
State v. Larry D., 590 N.W.2d 392 (Neb. 1999).
· cites it 12× “he unilateral actions undertaken to divest the State of Texas of jurisdiction in favor of the State of Nebraska; the preadjudication affidavits setting forth opinions and other *472 expressions of credibility, culpability, and guilt; and the ongoing process of promoting the…”
In Re Interest of Laurance S., 742 N.W.2d 484 (Neb. 2007).
· cites it 4× “See, also, Neb. Rev. Stat. § 43-246 (Reissue 2004) (allowing restorative approach by providing “(4) .”
In Re Interest of Daniel W., 529 N.W.2d 548 (Neb. Ct. App. 1995).
· cites it 22× “Section 43-246 states as follows: Code, how construed.”
In re Interest of A.A., 307 Neb. 817 (Neb. 2020).
· cites it 3× “43 Neb. Rev. Stat. § 43-246 (Supp. 2019) provides in relevant part that the juvenile code shall be construed to ensure the rights of all children to care and protection and a safe and stable living environment, “with due regard to parental rights.”
In Re Interest of Kevin K., 735 N.W.2d 812 (Neb. Ct. App. 2007).
· cites it 12× “Kevin has no daily program, is not enrolled in a GED program, is not employed and indeed has no significant work history whatsoever. Clearly such *815 a situation does not bode well for his "development of his capacity for a healthy personality, physical well-being, and useful…”
In re Interest of Jeremy U., 304 Neb. 734 (Neb. 2020).
· cites it 2× “19 The structure of the phrase is significant. In assessing whether a juvenile “lacks proper parental care by reason of the 14 In re Interest of Noah B.”
In Re DeWayne G., Jr., 638 N.W.2d 510 (Neb. 2002).
· cites it 2× “As enacted in 1981 and operative July 1, 1982, Neb. Rev. Stat. § 43-246 (Reissue 1984) stated that “sections 43-245 to 43-2,129 shall be construed .”
In Re Interest of Anaya, 758 N.W.2d 10 (Neb. 2008).
· cites it 2× “See Neb.Rev.Stat. § 43-246 (Reissue 2004). A proceeding brought under the juvenile code alleging and establishing a failure to test along with other indicators of neglect may be warranted and would be compatible with § 71-524.”
— Neb. Rev. Stat. § 43-246(1) — 5 cases
In Re Interest of Kevin K., 735 N.W.2d 812 (Neb. Ct. App. 2007).
“Kevin has no daily program, is not enrolled in a GED program, is not employed and indeed has no significant work history whatsoever. Clearly such *815 a situation does not bode well for his "development of his capacity for a healthy personality, physical well-being, and useful…”
— Neb. Rev. Stat. § 43-246(2) — 2 cases
In re Interest of A.A., 307 Neb. 817 (Neb. 2020).
“43 Neb. Rev. Stat. § 43-246 (Supp. 2019) provides in relevant part that the juvenile code shall be construed to ensure the rights of all children to care and protection and a safe and stable living environment, “with due regard to parental rights.”
— Neb. Rev. Stat. § 43-246(3) — 2 cases
— Neb. Rev. Stat. § 43-246(4) — 3 cases
State v. Larry D., 590 N.W.2d 392 (Neb. 1999).
“he unilateral actions undertaken to divest the State of Texas of jurisdiction in favor of the State of Nebraska; the preadjudication affidavits setting forth opinions and other *472 expressions of credibility, culpability, and guilt; and the ongoing process of promoting the…”
— Neb. Rev. Stat. § 43-246(5) — 2 cases
State v. Larry D., 590 N.W.2d 392 (Neb. 1999).
“he unilateral actions undertaken to divest the State of Texas of jurisdiction in favor of the State of Nebraska; the preadjudication affidavits setting forth opinions and other *472 expressions of credibility, culpability, and guilt; and the ongoing process of promoting the…”
— Neb. Rev. Stat. § 43-246(6) — 3 cases
— Neb. Rev. Stat. § 43-246(7) — 1 case
— Neb. Rev. Stat. § 43-246(l)(a) — 1 case
In Re Interest of Laurance S., 742 N.W.2d 484 (Neb. 2007).
“See, also, Neb. Rev. Stat. § 43-246 (Reissue 2004) (allowing restorative approach by providing “(4) .”
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