§ 43-265 — Summons; notice to parent, guardian, or relative required; appointment of guardian ad litem

Nebraska § 43-265

• Jurisdiction: Nebraska
• Ch. 43: Infants and Juveniles

Text

If the person so summoned under section 43-263 is other than a parent or guardian of the juvenile, then the parent or guardian or both, if their residence is known, shall also be notified of the pendency of the case and of the time and place appointed; if there is neither a parent nor guardian, or if his or her residence is not known, then some relative, if there be one and his or her residence is known, shall be notified, except that in any case the court may appoint a guardian ad litem to act in behalf of the juvenile.

Legislative History

Source: Laws 1981, LB 346, § 21; Laws 2000, LB 1167, § 18. Annotations: When a child’s unmarried but known adjudicated or biological father has provided regular and substantial financial support for his child and the State initiates juvenile proceedings for abuse, neglect, or dependency, due process requires the State to notify the father of the proceedings. In that circumstance, the State must comply with the notification procedures that are statutorily required for other noncustodial parents—before the dispositional phase. Section 43-263 and this section cannot be constitutionally applied to avoid this notification. But if the State shows that an unmarried, biological father’s whereabouts are unknown and that he has not supported his child, then he is not a parent entitled to notice and an opportunity to be heard in a juvenile proceeding involving his child born out of wedlock. Michael E. v. State, 286 Neb. 532, 839 N.W.2d 542 (2013).