Nebraska Revised Statute 43-708

Chapter 43


Parent, guardian, or custodian; powers.

No official, agent, or representative of the Department of Health and Human Services shall, by virtue of sections 43-701 to 43-709, have any right to enter any home over the objection of the occupants thereof or to take charge of any child over the objection of the parents, or either of them, or of the person standing in loco parentis or having the custody of such child. Nothing in sections 43-701 to 43-709 shall be construed as limiting the power of a parent or guardian to determine what treatment or correction shall be provided for a child or the agency or agencies to be employed for such purposes.


  • Laws 1933, c. 123, § 4, p. 496;
  • C.S.Supp.,1941, § 81-5717;
  • R.S.1943, § 81-618;
  • Laws 1945, c. 170, § 8, p. 547;
  • Laws 1961, c. 204, § 12, p. 616;
  • Laws 1996, LB 1044, § 180;
  • Laws 1997, LB 307, § 74.


  • This section does not provide an agency standing in loco parentis with an affirmative right to inflict corporal punishment upon children residing in licensed child-caring facilities; it simply limits the Department of Social Services' power to forcibly remove a child from the home of his parents or guardian, or one standing in loco parentis prior to state intervention in the parent-child relationship. Cornhusker Christian Ch. Home v. Dept. of Soc. Servs., 227 Neb. 94, 416 N.W.2d 551 (1987).