(1) Except as otherwise provided in the Nebraska Indian Child Welfare Act, a petition shall be filed on behalf of the state to terminate the parental rights of the juvenile's parents or, if such a petition has been filed by another party, the state shall join as a party to the petition, and the state shall concurrently identify, recruit, process, and approve a qualified family for an adoption of the juvenile, if:
(a) A juvenile has been in foster care under the responsibility of the state for fifteen or more months of the most recent twenty-two months; or
(b) A court of competent jurisdiction has determined the juvenile to be an abandoned infant or has made a determination that the parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of the parent, aided or abetted, attempted, conspired, or solicited to commit murder, or aided or abetted voluntary manslaughter of the juvenile or another child of the parent, or committed a felony assault that has resulted in serious bodily injury to the juvenile or another minor child of the parent. For purposes of this subdivision, infant means a child eighteen months of age or younger.
(2) A petition shall not be filed on behalf of the state to terminate the parental rights of the juvenile's parents or, if such a petition has been filed by another party, the state shall not join as a party to the petition if the sole factual basis for the petition is that (a) the parent or parents of the juvenile are financially unable to provide health care for the juvenile or (b) the parent or parents of the juvenile are incarcerated. The fact that a qualified family for an adoption of the juvenile has been identified, recruited, processed, and approved shall have no bearing on whether parental rights shall be terminated.
(3) The petition is not required to be filed on behalf of the state or if a petition is filed the state shall not be required to join in a petition to terminate parental rights or to concurrently find a qualified family to adopt the juvenile under this section if:
(a) The child is being cared for by a relative;
(b) The Department of Health and Human Services has documented in the case plan or permanency plan, which shall be available for court review, a compelling reason for determining that filing such a petition would not be in the best interests of the juvenile; or
(c) The family of the juvenile has not had a reasonable opportunity to avail themselves of the services deemed necessary in the case plan or permanency plan approved by the court if reasonable efforts to preserve and reunify the family are required under section 43-283.01.
(4) Except as otherwise provided in the Nebraska Indian Child Welfare Act, if a child is conceived by the victim of a sexual assault, a petition for termination of parental rights of the perpetrator shall be granted if such termination is in the best interests of the child and (a) the perpetrator has been convicted of or pled guilty or nolo contendere to sexual assault of the child's birth parent under section 28-319 or 28-320 or a law in another jurisdiction similar to either section 28-319 or 28-320 or (b) the perpetrator has fathered the child or given birth to the child as a result of such sexual assault.
(5) A petition for termination of parental rights is not required to be filed on behalf of the state or, if a petition is filed, the state shall not be required to join in the petition, if the juvenile is an Indian child who may be eligible for a tribal customary adoption as defined in section 43-1503.
Notes of Decisions
Cited in
34
cases (
18 in the last 5 years), 1999–2025 · leading case:
State v. Wendy A., 742 N.W.2d 758 (Neb. 2007).
State v. Wendy A., 742 N.W.2d 758 (Neb. 2007).
· cites it 16× “We granted Wendy’s petition to clarify an inconsistency between case law and Neb. Rev. Stat. § 43-292.02 (2) (Reissue 2004).”
Christine W. v. Trevor W., 303 Neb. 245 (Neb. 2019).
· cites it 7× “" Neb. Rev. Stat. § 43-292.02 (Cum. Supp. 2018) provides: (1) A petition shall be filed on behalf of the state to terminate the parental rights of the juvenile's parents or, if such a petition has been filed by another party, the state shall join as a party to the petition, and…”
In Re Interest of Clifford M., 626 N.W.2d 549 (Neb. 2001).
· cites it 15× “03 Hearing The mother argues that her due process rights were violated by the failure of the juvenile court to conduct an exception hearing pursuant to Neb. Rev. Stat. § 43-292.03 (Reissue 1998), which was added to the juvenile code by 1998 Neb.”
In Re Interest of Anthony R., 651 N.W.2d 231 (Neb. 2002).
· cites it 15× “One of these amendments, codified at Neb. Rev. Stat. § 43-292.02 (Reissue 1998), requires the State to file a petition to terminate parental rights in the case of a juvenile who has been in foster care under the responsibility of the State for 15 or more months of the most…”
In Re Interest of Mainor T., 674 N.W.2d 442 (Neb. 2004).
· cites it 3× “” See, Neb. Rev. Stat. § 43-292.02 (3)(c) (Reissue 1998) (excusing State’s requirement to file termination petition for enumerated exceptions, one of which is parents’ lack of opportunity to avail themselves of services deemed necessary if reasonable efforts are required); Neb.”
In re Interest of Brelynn E., 30 Neb. Ct. App. 723 (Neb. Ct. App. 2022).
· cites it 16× “The purpose of an exception hearing is to determine whether the State may be excused from the mandatory requirement of Neb. Rev. Stat. § 43-292.02 (1) (Cum. Supp.”
In re Interest of Jessalina M., 315 Neb. 535 (Neb. 2023).
· cites it 3× “The Court of Appeals also provided a “See” cite to Neb. Rev. Stat. § 43-292.02 (Cum. Supp. 2022), which provides, in part, that a “petition shall be filed on behalf of the state to terminate the parental rights of the juvenile’s parents .”
In Re Interest of Sarah K., 601 N.W.2d 780 (Neb. 1999).
· cites it 7× “Also operative July 1, Neb. Rev. Stat. § 43-292.02 (Reissue 1998) requires that termination of parental rights proceedings be instituted where a juvenile has been in foster care for 15 or more of the most recent 22 months, or that the State establish at an exception hearing that…”
In re Interest of Mateo L., 309 Neb. 565 (Neb. 2021).
· cites it 13× “” The juvenile court, despite acknowledging that “[o]n its face, the State certainly prevails on this allegation,” concluded that the § 43-292(7) criteria were unsatisfied because of two “excep- tions” to the statute.”
Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007).
· cites it 2× “However, in June 2005 a juvenile court judge ordered that absent an applicable exception under Neb.Rev.Stat. § 43-292.02(3)(a)(b) or (c), the State must file a Motion or Petition to Terminate Parental Rights.”
State v. Larry P., 669 N.W.2d 658 (Neb. 2003).
· cites it 2× “Following a hearing, in a journal entry and order filed May 13, 2002, the court rejected Larry’s challenge to the constitutionality of these statutes. In a written order filed October 25, 2002, the court found that the State had proved by clear and convincing evidence the…”
— Neb. Rev. Stat. § 43-292.02(1) — 8 cases
In Re Interest of Clifford M., 626 N.W.2d 549 (Neb. 2001).
“03 Hearing The mother argues that her due process rights were violated by the failure of the juvenile court to conduct an exception hearing pursuant to Neb. Rev. Stat. § 43-292.03 (Reissue 1998), which was added to the juvenile code by 1998 Neb.”
In Re Interest of Anthony R., 651 N.W.2d 231 (Neb. 2002).
“One of these amendments, codified at Neb. Rev. Stat. § 43-292.02 (Reissue 1998), requires the State to file a petition to terminate parental rights in the case of a juvenile who has been in foster care under the responsibility of the State for 15 or more months of the most…”
In re Interest of Brelynn E., 30 Neb. Ct. App. 723 (Neb. Ct. App. 2022).
“The purpose of an exception hearing is to determine whether the State may be excused from the mandatory requirement of Neb. Rev. Stat. § 43-292.02 (1) (Cum. Supp.”
In re Interest of Mateo L., 309 Neb. 565 (Neb. 2021).
“” The juvenile court, despite acknowledging that “[o]n its face, the State certainly prevails on this allegation,” concluded that the § 43-292(7) criteria were unsatisfied because of two “excep- tions” to the statute.”
— Neb. Rev. Stat. § 43-292.02(1)(a) — 1 case
— Neb. Rev. Stat. § 43-292.02(2) — 4 cases
State v. Wendy A., 742 N.W.2d 758 (Neb. 2007).
“We granted Wendy’s petition to clarify an inconsistency between case law and Neb. Rev. Stat. § 43-292.02 (2) (Reissue 2004).”
In re Interest of Mateo L., 309 Neb. 565 (Neb. 2021).
“” The juvenile court, despite acknowledging that “[o]n its face, the State certainly prevails on this allegation,” concluded that the § 43-292(7) criteria were unsatisfied because of two “excep- tions” to the statute.”
— Neb. Rev. Stat. § 43-292.02(2)(b) — 4 cases
In re Interest of Mateo L., 309 Neb. 565 (Neb. 2021).
“” The juvenile court, despite acknowledging that “[o]n its face, the State certainly prevails on this allegation,” concluded that the § 43-292(7) criteria were unsatisfied because of two “excep- tions” to the statute.”
— Neb. Rev. Stat. § 43-292.02(3) — 7 cases
Christine W. v. Trevor W., 303 Neb. 245 (Neb. 2019).
“" Neb. Rev. Stat. § 43-292.02 (Cum. Supp. 2018) provides: (1) A petition shall be filed on behalf of the state to terminate the parental rights of the juvenile's parents or, if such a petition has been filed by another party, the state shall join as a party to the petition, and…”
In Re Interest of Clifford M., 626 N.W.2d 549 (Neb. 2001).
“03 Hearing The mother argues that her due process rights were violated by the failure of the juvenile court to conduct an exception hearing pursuant to Neb. Rev. Stat. § 43-292.03 (Reissue 1998), which was added to the juvenile code by 1998 Neb.”
In re Interest of Mateo L., 309 Neb. 565 (Neb. 2021).
“” The juvenile court, despite acknowledging that “[o]n its face, the State certainly prevails on this allegation,” concluded that the § 43-292(7) criteria were unsatisfied because of two “excep- tions” to the statute.”
— Neb. Rev. Stat. § 43-292.02(3)(a) — 1 case
— Neb. Rev. Stat. § 43-292.02(3)(a)(b) — 1 case
Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007).
“However, in June 2005 a juvenile court judge ordered that absent an applicable exception under Neb.Rev.Stat. § 43-292.02(3)(a)(b) or (c), the State must file a Motion or Petition to Terminate Parental Rights.”
— Neb. Rev. Stat. § 43-292.02(3)(b) — 2 cases
In Re Interest of Sarah K., 601 N.W.2d 780 (Neb. 1999).
“Also operative July 1, Neb. Rev. Stat. § 43-292.02 (Reissue 1998) requires that termination of parental rights proceedings be instituted where a juvenile has been in foster care for 15 or more of the most recent 22 months, or that the State establish at an exception hearing that…”
In Re Interest of Anthony R., 651 N.W.2d 231 (Neb. 2002).
“One of these amendments, codified at Neb. Rev. Stat. § 43-292.02 (Reissue 1998), requires the State to file a petition to terminate parental rights in the case of a juvenile who has been in foster care under the responsibility of the State for 15 or more months of the most…”
— Neb. Rev. Stat. § 43-292.02(3)(c) — 3 cases
In Re Interest of Mainor T., 674 N.W.2d 442 (Neb. 2004).
“” See, Neb. Rev. Stat. § 43-292.02 (3)(c) (Reissue 1998) (excusing State’s requirement to file termination petition for enumerated exceptions, one of which is parents’ lack of opportunity to avail themselves of services deemed necessary if reasonable efforts are required); Neb.”
In re Interest of Mateo L., 309 Neb. 565 (Neb. 2021).
“” The juvenile court, despite acknowledging that “[o]n its face, the State certainly prevails on this allegation,” concluded that the § 43-292(7) criteria were unsatisfied because of two “excep- tions” to the statute.”
— Neb. Rev. Stat. § 43-292.02(l)(a) — 2 cases
In Re Interest of Anthony R., 651 N.W.2d 231 (Neb. 2002).
“One of these amendments, codified at Neb. Rev. Stat. § 43-292.02 (Reissue 1998), requires the State to file a petition to terminate parental rights in the case of a juvenile who has been in foster care under the responsibility of the State for 15 or more months of the most…”
In Re Interest of Sarah K., 601 N.W.2d 780 (Neb. 1999).
“Also operative July 1, Neb. Rev. Stat. § 43-292.02 (Reissue 1998) requires that termination of parental rights proceedings be instituted where a juvenile has been in foster care for 15 or more of the most recent 22 months, or that the State establish at an exception hearing that…”
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