Nebraska Revised Statutes

Neb. Rev. Stat. § 43-292.01 (2026)

Termination of parental rights; appointment of guardian ad litem; when

✓ current as of July 2026
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When termination of the parent-juvenile relationship is sought under subdivision (5) of section 43-292, the court shall appoint a guardian ad litem for the alleged incompetent parent. The court may, in any other case, appoint a guardian ad litem, as deemed necessary or desirable, for any party. The guardian ad litem shall be paid a reasonable fee set by the court and paid from the general fund of the county.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1999–2022 · leading case: In Re Adoption of Kailynn D., 733 N.W.2d 856 (Neb. 2007).
In Re Adoption of Kailynn D., 733 N.W.2d 856 (Neb. 2007). · cites it 3× “” 10 In a brief filed in this appeal, Kohl calls our attention to Neb. Rev. Stat. § 43-292.01 (Reissue 2004), a provision of the Nebraska Juvenile Code, which states that a guardian ad litem appointed in a termination of parental rights case “shall be paid a reasonable fee set…”
In re Interest of Zanaya W., 291 Neb. 20 (Neb. 2015). · cites it 2× “We affirm the decision of the juvenile court as to Reon in case No. S-14-550. P’lar’e’s argument that the State violated her due process rights in cases Nos.”
State v. Tammie S., 705 N.W.2d 792 (Neb. Ct. App. 2005). · cites it 2× “*206 Guardians ad litem were appointed for Tammie and for Kindra pursuant to Neb. Rev. Stat. § 43-292.01 (Reissue 2004).”
In re Est. of Hutton, 306 Neb. 579 (Neb. 2020). · cites it 2× “We reasoned that because the Legislature expressly obligated a county to pay guardian ad litem or attor- ney fees in other statutes, such as Neb. Rev. Stat. § 43-292.01 (Reissue 2016), but not in the statute at issue, the Legislature did not intend to grant a court the authority…”
In Re Presten O., 778 N.W.2d 759 (Neb. Ct. App. 2010). · cites it 10× “Upon our de novo review of the record, we find that the county court erred in failing to appoint Crystal a guardian ad litem for the court proceedings pursuant to Neb.Rev.Stat. § 43-292.01 (Reissue 2008).”
In re Interest of Brelynn E., 30 Neb. Ct. App. 723 (Neb. Ct. App. 2022). “Instead, when there is a full opportunity to appear and present defenses at a hearing regarding the termination petition, a court does not deprive the parent’s due process rights.”
State v. Michael B., 594 N.W.2d 674 (Neb. Ct. App. 1999). · cites it 3× “However, it is true that it referenced her mental deficiency in addressing each of the other grounds for termination and in finding the evidence sufficient under each of those grounds as charged.”
Wayne G. v. Jacqueline W. (Neb. 2014). · cites it 12× “The guardian ad litem shall be paid a reason- able fee set by the court and paid from the general fund of the county.”
In Re Interest of Preston P., 698 N.W.2d 199 (Neb. Ct. App. 2005). · cites it 2× “See Neb. Rev. Stat. § 43-292.01 (Reissue 2004) (when termination of parent-juvenile relationship is sought under § 43-292(5), court shall appoint guardian ad litem for allegedly incompetent parent; court may, in any other case, appoint guardian ad litem, as deemed necessary or…”
In re Interest of Brittney Sue P. (Neb. Ct. App. 2020). · cites it 2× “01 (Reissue 2016), which provides that when termination of the parent-juvenile relationship is sought under § 43-292(5) (alleging mental illness or mental deficiency as ground for termination), the court is required to appoint a guardian ad litem for the alleged incompetent…”
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