42-1302. Legislative intent; petition to compel visitation; court findings.

(1) It is the intent of the Legislature that, in order to allow family members to remain connected, a caregiver may not arbitrarily deny visitation to a family member of a resident, whether or not the caregiver is related to such family member, unless such action is authorized by a nursing home administrator pursuant to section 71-6021.

(2) If a family member is being denied visitation with a resident, the family member may petition the county court to compel visitation with the resident. If the resident has been appointed a guardian under the jurisdiction of a county court in Nebraska, the petition shall be filed in the county court having such jurisdiction. If there is no such guardianship, the petition shall be filed in the county court for the county in which the resident resides. The court may not issue an order compelling visitation if the court finds any of the following:

(a) The resident, while having the capacity to evaluate and communicate decisions regarding visitation, expresses a desire to not have visitation with the petitioner; or

(b) Visitation between the petitioner and the resident is not in the best interests of the resident.

Source:Laws 2017, LB122, ยง 2.
Effective Date: August 24, 2017