LB 928

LB928  LB928
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                         LEGISLATURE OF NEBRASKA
                      ONE HUNDRED NINTH LEGISLATURE
                                SECOND SESSION
                  LEGISLATIVE BILL 928
   Introduced by von Gillern, 4.
   Read first time January 09, 2026
   Committee: Health and Human Services
1    A BILL FOR AN ACT relating to children and families; to amend sections
243-1311,   43-1311.01,    and   71-1901,   Reissue   Revised   Statutes   of
3Nebraska; to require notifications by the Department of Health and
4Human Services to fictive kin of a child who has been removed from
5home; to define and redefine terms; to change provisions relating to
6foster care licensure; to harmonize provisions; and to repeal the
7original sections.
8   Be it enacted by the people of the State of Nebraska,
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1Section 1. Section 43-1311, Reissue Revised Statutes of Nebraska, is
2   amended to read:
343-1311 Except as otherwise provided in the Nebraska Indian Child
4   Welfare Act, immediately following removal of a child from his or her
5    home pursuant to section 43-284, the person or court in charge of the
6    child shall:
7(1) Conduct or cause to be conducted an investigation of the child's
8   circumstances designed to establish a safe and appropriate plan for the
9    rehabilitation of the foster child and family unit or permanent placement
10    of the child;
11(2) Require that the child receive a medical examination within two
12   weeks of his or her removal from his or her home;
13(3) Subject the child to such further diagnosis and evaluation as is
14    necessary;
15(4) Require that the child attend the same school as prior to the
16    foster care placement unless the person or court in charge determines
17   that attending such school would not be in the best interests of the
18   child; and
19(5) Notify the Department of Health and Human Services to identify,
20    locate, and provide written notification to adult relatives and fictive
21    kin of the child as provided in section 43-1311.01.
22Sec. 2. Section 43-1311.01, Reissue Revised Statutes of Nebraska, is
23    amended to read:
2443-1311.01 (1) When notified pursuant to section 43-1311 or upon
25   voluntary    placement    of   a   child,   the    Department    of   Health   and   Human
26    Services    shall,   as   provided    in    this   section,     identify,   locate,    and
27    provide written notification of the removal of the child from his or her
28    home, within thirty days after removal, to any noncustodial parent and to
29    all grandparents, all parents who have legal custody of a sibling of the
30    child, and all adult siblings, adult aunts, adult uncles, adult cousins,
31    and adult relatives, and fictive kin of the child suggested by the child,
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1    or the child's parents, or relatives of the child except when that
2   relative's history of family or domestic violence makes notification
3    inappropriate. For purposes of this section, sibling means an individual
4    who is considered by Nebraska law to be a sibling or who would have been
5    considered a sibling under Nebraska law but for a termination of parental
6   rights or other disruption in parental rights such as the death of a
7   parent. If the child is an Indian child as defined in section 43-1503,
8   the child's extended family members as defined in such section shall be
9   notified.     Such      notification      shall    include      all   of     the    following
10   information:
11(a) The child has been or is being removed from the custody of the
12    parent or parents of the child;
13(b) An explanation of the options the relative or fictive kin has
14   under federal, state, and local law to participate in the care and
15   placement of the child, including any options that may be lost by failing
16   to respond to the notice;
17(c) A description of the requirements for the relative or fictive
18    kin to serve as a foster care provider or other type of care provider for
19   the   child    and    the   additional    services,    training,      and    other    support
20   available for children receiving such care; and
21(d)    Information    concerning     the    option   to    apply     for   guardianship
22    assistance payments.
23(2) The department shall investigate the names and locations of the
24    relatives and fictive kin, including, but not limited to, asking the
25   child   in    an   age-appropriate     manner     about    relatives       and   fictive   kin
26   important to the child and obtaining information regarding the location
27   of the relatives and fictive kin.
28(3)    The     department   shall    provide    to   the    court,     within   thirty
29    calendar days after removal of the child, the names and relationship to
30   the child of all relatives and fictive kin contacted, the method of
31   contact, and the responses received from the relatives and fictive kin.
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1(4) For purposes of this section:
2(a) Indian child has the same meaning as in section 43-1503;
3(b) Fictive kin has the same meaning as in section 71-1901; and
4(c) Sibling means an individual who is considered by Nebraska law to
5    be a sibling or who would have been considered a sibling under Nebraska
6    law but for a termination of parental rights or other disruption in
7    parental rights such as the death of a parent.
8Sec. 3. Section 71-1901, Reissue Revised Statutes of Nebraska, is
9    amended to read:
1071-1901 For purposes of sections 71-1901 to 71-1906.01:
11(1) Person includes a partnership, limited liability company, firm,
12    agency, association, or corporation;
13(1) (2) Child means an unemancipated minor;
14(2) (3) Child-placing agency has the definition found in section
15    71-1926;
16(3)     (4)    Department  means   the     Department       of   Health   and   Human
17    Services;
18(4) Fictive kin means an adult who is not related to a child by
19    blood, marriage, or adoption, but who:
20(a) Has previously lived with the child; or
21(b)     Is    a    trusted    adult       that    has    a    preexisting,       significant
22   relationship with the child;
23(5) Foster care means engaged in the service of exercising twenty-
24    four-hour daily care, supervision, custody, or control over children, for
25   compensation      or   hire,     in    lieu    of    the   care   or    supervision    normally
26    exercised by parents in their own home. Foster care does not include
27    casual care at irregular intervals or programs as defined in section
28    71-1910;
29(6) Foster family home means a home which provides foster care to a
30    child or children pursuant to a foster care placement as defined in
31   section 43-1301. Foster family homes include licensed homes where the
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1    primary caretaker has no significant prior relationship with the child or
2    children in his or her care and both licensed and unlicensed relative and
3    kinship homes;
4(7) Kinship home means a home where a child or children receive
5    foster care and at least one of the primary caretakers is fictive kin of
6    has previously lived with or is a trusted adult that has a preexisting,
7    significant relationship with the child or children or a sibling of such
8    child or children pursuant to section 43-1311.02;
9(8) Native American means a person who is a member of an Indian
10    tribe or eligible for membership in an Indian tribe;
11(9) Person includes a partnership, limited liability company, firm,
12    agency, association, or corporation;
13(10)   (9)    Relative   home   means   a   home   where   a   child   or   children
14    receive foster care and at least one of the primary caretakers is related
15   to the child or children, or to a sibling of such child or children
16    pursuant to section 43-1311.02, in his or her care by blood, marriage, or
17    adoption or, in the case of an Indian child, at least one of the primary
18   caretakers is an extended family member as defined in section 43-1503;
19   and
20(11) (10) Residential child-caring agency has the definition found
21    in section 71-1926.
22Sec. 4.      Original sections 43-1311, 43-1311.01, and 71-1901, Reissue
23   Revised Statutes of Nebraska, are repealed.
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