Nebraska Revised Statute 43-2,113

Chapter 43 Section 2,113

43-2,113.

Rooms and offices; jurisdiction; powers and duties.

(1) In counties where a separate juvenile court is established, the county board of the county shall provide suitable rooms and offices for the accommodation of the judge of the separate juvenile court and the officers and employees appointed by such judge or by the probation administrator pursuant to subsection (4) of section 29-2253. Such separate juvenile court and the judge, officers, and employees of such court shall have the same and exclusive jurisdiction, powers, and duties that are prescribed in the Nebraska Juvenile Code, concurrent jurisdiction under section 83-223, and such other jurisdiction, powers, and duties as specifically provided by law.

(2) A juvenile court created in a separate juvenile court judicial district or a county court sitting as a juvenile court in all other counties shall have and exercise jurisdiction within such juvenile court judicial district or county court judicial district with the county court and district court in all matters arising under Chapter 42, article 3, when the care, support, custody, or control of minor children under the age of eighteen years is involved. Such cases shall be filed in the county court and district court and may, with the consent of the juvenile judge, be transferred to the docket of the separate juvenile court or county court.

(3) All orders issued by a separate juvenile court or a county court which provide for child support or spousal support as defined in section 42-347 shall be governed by sections 42-347 to 42-381 and 43-290 relating to such support. Certified copies of such orders shall be filed by the clerk of the separate juvenile or county court with the clerk of the district court who shall maintain a record as provided in subsection (4) of section 42-364. There shall be no fee charged for the filing of such certified copies.

Source

  • Laws 1959, c. 189, § 3, p. 684;
  • Laws 1961, c. 205, § 2, p. 618;
  • Laws 1963, c. 527, § 1, p. 1653;
  • R.S.1943, (1978), § 43-230;
  • Laws 1981, LB 499, § 41;
  • Laws 1981, LB 346, § 70;
  • Laws 1984, LB 13, § 78;
  • Laws 1984, LB 973, § 3;
  • Laws 1985, LB 447, § 33;
  • Laws 1985, Second Spec. Sess., LB 7, § 64;
  • Laws 1986, LB 529, § 49;
  • Laws 1986, LB 600, § 11;
  • Laws 1991, LB 830, § 30;
  • Laws 1993, LB 435, § 2;
  • Laws 1994, LB 490, § 2;
  • Laws 1996, LB 1296, § 21;
  • Laws 1997, LB 229, § 35;
  • Laws 2007, LB554, § 40.

Annotations

  • The concurrent, original jurisdiction conferred on a county court under section 24-517(7) is more expansive than the jurisdiction conferred by section 25-2740(3) on a county court sitting as a juvenile court or a separate juvenile court. The jurisdiction conferred by section 25-2740(3) is neither exclusive nor original, because the conditions of this section must first be satisfied. Those conditions require a district court to transfer the case to juvenile court and the juvenile court to consent to the transfer. Molczyk v. Molczyk, 285 Neb. 96, 825 N.W.2d 435 (2013).

  • Under subsection (2) of this section, if a juvenile court judge consents to a transfer of a custody case and the district court transfers the case to juvenile court, the case is “filed” with the county court, sitting as a juvenile court, or the separate juvenile court when a certified copy of the district court’s transfer order is filed in the juvenile court. Molczyk v. Molczyk, 285 Neb. 96, 825 N.W.2d 435 (2013).

  • Separate juvenile court has exclusive jurisdiction over neglected, dependent, and delinquent children. Miller v. Department of Public Welfare, 182 Neb. 155, 153 N.W.2d 737 (1967).