Neb. Rev. Stat. » Chapter 43
Nebraska Revised Statutes

Neb. Rev. Stat. § 43-292 (2026)

Termination of parental rights; grounds

✓ current as of July 2026
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Except as otherwise provided in the Nebraska Indian Child Welfare Act, the court may terminate all parental rights between the parents or the mother of a juvenile born out of wedlock and such juvenile when the court finds such action to be in the best interests of the juvenile and it appears by the evidence that one or more of the following conditions exist:

(1) The parents have abandoned the juvenile for six months or more immediately prior to the filing of the petition;

(2) The parents have substantially and continuously or repeatedly neglected and refused to give the juvenile or a sibling of the juvenile necessary parental care and protection;

(3) The parents, being financially able, have willfully neglected to provide the juvenile with the necessary subsistence, education, or other care necessary for his or her health, morals, or welfare or have neglected to pay for such subsistence, education, or other care when legal custody of the juvenile is lodged with others and such payment ordered by the court;

(4) The parents are unfit by reason of debauchery, habitual use of intoxicating liquor or narcotic drugs, or repeated lewd and lascivious behavior, which conduct is found by the court to be seriously detrimental to the health, morals, or well-being of the juvenile;

(5) The parents are unable to discharge parental responsibilities because of mental illness or mental deficiency and there are reasonable grounds to believe that such condition will continue for a prolonged indeterminate period;

(6) Following a determination that the juvenile is one as described in subdivision (3)(a) of section 43-247, reasonable efforts to preserve and reunify the family if required under section 43-283.01, under the direction of the court, have failed to correct the conditions leading to the determination;

(7) The juvenile has been in an out-of-home placement for fifteen or more months of the most recent twenty-two months;

(8) The parent has inflicted upon the juvenile, by other than accidental means, serious bodily injury;

(9) The parent of the juvenile has subjected the juvenile or another minor child to aggravated circumstances, including, but not limited to, abandonment, torture, chronic abuse, or sexual abuse;

(10) The parent has (a) committed murder of another child of the parent, (b) committed voluntary manslaughter of another child of the parent, (c) 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 (d) committed a felony assault that resulted in serious bodily injury to the juvenile or another minor child of the parent; or

(11) One parent has been convicted of felony sexual assault of the other parent under section 28-319.01 or 28-320.01 or a comparable crime in another state.

Notes of Decisions
Cited in 602 cases (185 in the last 5 years), 1982–2026 · leading case: In Re Sir Messiah T., 782 N.W.2d 320 (Neb. 2010).
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In Re Sir Messiah T., 782 N.W.2d 320 (Neb. 2010). · cites it 52× “Section 43-292 states: The court may terminate all parental rights between the parents or the mother of a juvenile born out of wedlock and such juvenile when the court finds such action to be in the best interests of the juvenile and it appears by the evidence that one or more…”
In re Interest of Jessalina M., 315 Neb. 535 (Neb. 2023). · cites it 49× “The existence of the statutory basis alleged under Neb. Rev. Stat. § 43-292 (7) (Reissue 2016) should be determined as of the date the petition or motion to terminate is filed.”
In re Interest of Isabel P., 875 N.W.2d 848 (Neb. 2016). · cites it 26× “So long as a parent was afforded due process of law, a defect during the adjudication phase does not preclude consideration of termination of parental rights pursu- ant to Neb. Rev. Stat. § 43-292 (1) through (5) (Cum.”
In re Interest of Becka P., 27 Neb. Ct. App. 489 (Neb. Ct. App. 2019). · cites it 25× “For a juvenile court to ter- minate parental rights under Neb. Rev. Stat. § 43-292 (Reissue 2016), it must find that one or more of the statutory grounds listed in this section have been satisfied and that such termination is in the child’s best interests.”
In Re Interest of Clifford M., 577 N.W.2d 547 (Neb. Ct. App. 1998). · cites it 70× “The guardian ad litem asserted in the motion that Suzette's parental rights should be terminated pursuant to § 43-292(2) and alleged as follows: [The children] come within the meaning of § 43-292 (2) ... because the natural parent, Suzette M[.”
State v. Mitzi M., 591 N.W.2d 557 (Neb. 1999). · cites it 56× “Based on statutory construction, we conclude as a matter of law that when accompanied by due process safeguards, an adjudication is not required prior to termination of parental rights under Neb. Rev. Stat. § 43-292 (1) through (5) (Cum.”
In re Interest of Leyton C. & Landyn C., 307 Neb. 529 (Neb. 2020). · cites it 18× “In order to terminate an individual’s parental rights, the State must prove by clear and convincing evidence that one of the statutory grounds enumerated in Neb. Rev. Stat. § 43-292 (Reissue 2016) exists and that termination is in the children’s best interests.”
In Re Interest of Ty M., 655 N.W.2d 672 (Neb. 2003). · cites it 21× “The petition alleged that grounds for termination existed under Neb. Rev. Stat. § 43-292 (6) (Reissue 1998) because (1) the children had been determined to be children under § 43-247(3)(a) and (2) following that determination, reasonable efforts had been made to preserve and…”
In Re Interest of Phoenix L., 708 N.W.2d 786 (Neb. 2006). · cites it 25× “, pursuant to Neb. Rev. Stat. § 43-292 (Reissue 2004), subsections (2) (neglect), (6) (failure to correct conditions leading to adjudication), and (7) (out-of-home placement).”
In re Interest of Alec S., 884 N.W.2d 701 (Neb. 2016). · cites it 12× “In order to terminate parental rights, a court must find by clear and convincing evidence that one of the statutory grounds enumerated in Neb. Rev. Stat. § 43-292 (Cum. Supp. 2014) exists and that the termination is in the child’s best interests.”
In Re Interest of Joshua, 558 N.W.2d 548 (Neb. 1997). · cites it 30× “The county attorney alleged that these four children had been adjudicated to be within the meaning of § 43-247(3)(a) and that the children were within the meaning of Neb. Rev. Stat. § 43-292 (6) (Reissue *619 1993).”
In re Interest of Denzel D., 314 Neb. 631 (Neb. 2023). · cites it 23× “To terminate parental rights, the State has the burden to show by clear and convincing evidence both that one of the statutory bases enumerated in Neb. Rev. Stat. § 43-292 (Reissue 2016) exists and that termination is in the child’s best interests.”
Show all 602 citing cases →
— Neb. Rev. Stat. § 43-292(1) — 125 cases
In re Interest of Isabel P., 875 N.W.2d 848 (Neb. 2016). “So long as a parent was afforded due process of law, a defect during the adjudication phase does not preclude consideration of termination of parental rights pursu- ant to Neb. Rev. Stat. § 43-292 (1) through (5) (Cum.”
In Re Interest of Josiah T., 773 N.W.2d 161 (Neb. Ct. App. 2009).
In Re Interest of LV, 482 N.W.2d 250 (Neb. 1992).
In re Interest of Austin G., 24 Neb. Ct. App. 773 (Neb. Ct. App. 2017).
In Re Interest of Dustin H., 608 N.W.2d 580 (Neb. 2000).
— Neb. Rev. Stat. § 43-292(10) — 5 cases
In Re Interest of Anthony V, 680 N.W.2d 221 (Neb. Ct. App. 2004).
In re Interest of Ky'Ari J., 29 Neb. Ct. App. 124 (Neb. Ct. App. 2020).
State v. Germai M., 714 N.W.2d 780 (Neb. Ct. App. 2006).
In Re Interest of Hailey M., 726 N.W.2d 576 (Neb. Ct. App. 2007).
In Re Hailey M., 726 N.W.2d 576 (Neb. Ct. App. 2007).
— Neb. Rev. Stat. § 43-292(10)(c) — 2 cases
In Re Interest of Hailey M., 726 N.W.2d 576 (Neb. Ct. App. 2007).
In Re Hailey M., 726 N.W.2d 576 (Neb. Ct. App. 2007).
— Neb. Rev. Stat. § 43-292(10)(d) — 3 cases
In re Interest of Ky'Ari J., 29 Neb. Ct. App. 124 (Neb. Ct. App. 2020).
In Re Interest of Natasha H., 602 N.W.2d 439 (Neb. 1999).
In re Interest of Lyndel W. (Neb. Ct. App. 2020).
— Neb. Rev. Stat. § 43-292(2) — 374 cases
In Re Sir Messiah T., 782 N.W.2d 320 (Neb. 2010). “Section 43-292 states: The court may terminate all parental rights between the parents or the mother of a juvenile born out of wedlock and such juvenile when the court finds such action to be in the best interests of the juvenile and it appears by the evidence that one or more…”
In Re Interest of Clifford M., 577 N.W.2d 547 (Neb. Ct. App. 1998). “The guardian ad litem asserted in the motion that Suzette's parental rights should be terminated pursuant to § 43-292(2) and alleged as follows: [The children] come within the meaning of § 43-292 (2) ... because the natural parent, Suzette M[.”
In Re Interest of Clifford M., 626 N.W.2d 549 (Neb. 2001).
In Re Interest of Phoenix L., 708 N.W.2d 786 (Neb. 2006). “, pursuant to Neb. Rev. Stat. § 43-292 (Reissue 2004), subsections (2) (neglect), (6) (failure to correct conditions leading to adjudication), and (7) (out-of-home placement).”
In Re Interest of Azia B., 626 N.W.2d 602 (Neb. Ct. App. 2001).
— Neb. Rev. Stat. § 43-292(3) — 21 cases
State v. Larry P., 669 N.W.2d 658 (Neb. 2003).
Benjamin S. v. Crystal S., 986 N.W.2d 492 (Neb. 2023).
State v. Mitzi M., 591 N.W.2d 557 (Neb. 1999). “Based on statutory construction, we conclude as a matter of law that when accompanied by due process safeguards, an adjudication is not required prior to termination of parental rights under Neb. Rev. Stat. § 43-292 (1) through (5) (Cum.”
In re Interest of Madison T., 970 N.W.2d 122 (Neb. Ct. App. 2022).
State v. Deanna J., 712 N.W.2d 289 (Neb. Ct. App. 2006).
— Neb. Rev. Stat. § 43-292(3)(a) — 2 cases
In re Interest of Darryn C., 295 Neb. 358 (Neb. 2016).
In re Interest of Carmello W. & Zavion W. (Neb. Ct. App. 2018).
— Neb. Rev. Stat. § 43-292(4) — 62 cases
State v. Mitzi M., 591 N.W.2d 557 (Neb. 1999). “Based on statutory construction, we conclude as a matter of law that when accompanied by due process safeguards, an adjudication is not required prior to termination of parental rights under Neb. Rev. Stat. § 43-292 (1) through (5) (Cum.”
In Re Interest of Michael B., 604 N.W.2d 405 (Neb. 2000).
In Re Interest of JS, 417 N.W.2d 147 (Neb. 1987).
State v. Angela R., 657 N.W.2d 209 (Neb. 2003).
In Re DeWayne G., Jr., 638 N.W.2d 510 (Neb. 2002).
— Neb. Rev. Stat. § 43-292(5) — 53 cases
In re Interest of Zanaya W., 291 Neb. 20 (Neb. 2015).
State v. Angela W., 649 N.W.2d 899 (Neb. Ct. App. 2002).
In Re Interest of Natasha H., 602 N.W.2d 439 (Neb. 1999).
In Re Interest of Michael B., 604 N.W.2d 405 (Neb. 2000).
In Re Interest of JNV, 395 N.W.2d 758 (Neb. 1986).
— Neb. Rev. Stat. § 43-292(6) — 249 cases
In Re Interest of Joshua, 558 N.W.2d 548 (Neb. 1997). “The county attorney alleged that these four children had been adjudicated to be within the meaning of § 43-247(3)(a) and that the children were within the meaning of Neb. Rev. Stat. § 43-292 (6) (Reissue *619 1993).”
In Re Interest of Ty M., 655 N.W.2d 672 (Neb. 2003). “The petition alleged that grounds for termination existed under Neb. Rev. Stat. § 43-292 (6) (Reissue 1998) because (1) the children had been determined to be children under § 43-247(3)(a) and (2) following that determination, reasonable efforts had been made to preserve and…”
In Re Xavier H., 740 N.W.2d 13 (Neb. 2007).
In Re Interest of Azia B., 626 N.W.2d 602 (Neb. Ct. App. 2001).
State v. Mitzi M., 591 N.W.2d 557 (Neb. 1999). “Based on statutory construction, we conclude as a matter of law that when accompanied by due process safeguards, an adjudication is not required prior to termination of parental rights under Neb. Rev. Stat. § 43-292 (1) through (5) (Cum.”
— Neb. Rev. Stat. § 43-292(7) — 295 cases
In re Interest of Jessalina M., 315 Neb. 535 (Neb. 2023). “The existence of the statutory basis alleged under Neb. Rev. Stat. § 43-292 (7) (Reissue 2016) should be determined as of the date the petition or motion to terminate is filed.”
In Re Interest of Clifford M., 577 N.W.2d 547 (Neb. Ct. App. 1998). “The guardian ad litem asserted in the motion that Suzette's parental rights should be terminated pursuant to § 43-292(2) and alleged as follows: [The children] come within the meaning of § 43-292 (2) ... because the natural parent, Suzette M[.”
In Re Interest of Aaron D., 691 N.W.2d 164 (Neb. 2005).
In re Interest of Becka P., 27 Neb. Ct. App. 489 (Neb. Ct. App. 2019). “For a juvenile court to ter- minate parental rights under Neb. Rev. Stat. § 43-292 (Reissue 2016), it must find that one or more of the statutory grounds listed in this section have been satisfied and that such termination is in the child’s best interests.”
In Re Interest of Kenna S., 766 N.W.2d 424 (Neb. Ct. App. 2009).
— Neb. Rev. Stat. § 43-292(8) — 3 cases
In re Interest of Ky'Ari J., 29 Neb. Ct. App. 124 (Neb. Ct. App. 2020).
State v. Selina N., 669 N.W.2d 429 (Neb. 2003).
State v. Deanna J., 712 N.W.2d 289 (Neb. Ct. App. 2006).
— Neb. Rev. Stat. § 43-292(9) — 40 cases
State v. Selina N., 669 N.W.2d 429 (Neb. 2003).
In re Interest of Ky'Ari J., 29 Neb. Ct. App. 124 (Neb. Ct. App. 2020).
Child. Under 18 Years of Age. State v. Benjamin T. (In Re Interest Jade H.), 25 Neb. Ct. App. 678 (Neb. Ct. App. 2018).
In re Interest of Luz P., 295 Neb. 814 (Neb. 2017).
In re Interest of Angelina G., 20 Neb. Ct. App. 646 (Neb. Ct. App. 2013).
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