Nebraska Revised Statute 68-115

Chapter 68

68-115.

Legal settlement, defined; exclusions; minors; termination.

(1) The term legal settlement for all public assistance programs shall be taken and considered to mean as follows:

Every person, except those hereinafter mentioned, who has resided one year continuously in any county, shall be deemed to have a legal settlement in such county.

Every person who has resided one year continuously within the state, but not in any one county shall have a legal settlement in the county in which he or she has resided six months continuously.

(2) The time during which a person has been an inmate of any public or private charitable or penal institution, or has received care at public expense in any type of care home, nursing home, or board and room facility licensed as such and caring for more than one patient or guest, and each month during which he or she has received relief from private charity or the poor fund of any county shall be excluded in determining the time of residence hereunder, as referred to in subsection (1) of this section.

(3) Every minor who is not emancipated and settled in his or her own right shall have the same legal settlement as the parent with whom he or she has resided.

(4) A legal settlement in this state shall be terminated and lost by (a) acquiring a new one in another state or by (b) voluntary and uninterrupted absence from this state for the period of one year with intent to abandon residence in Nebraska.

Source

  • R.S.1866, c. 40, § 15, p. 277;
  • R.S.1913, § 5809;
  • C.S.1922, § 5154;
  • C.S.1929, § 68-115;
  • Laws 1933, c. 118, § 9, p. 483;
  • C.S.Supp.,1941, § 68-115;
  • R.S.1943, § 68-115;
  • Laws 1953, c. 229, § 1, p. 800;
  • Laws 1961, c. 327, § 1, p. 1034;
  • Laws 1975, LB 165, § 1;
  • Laws 1982, LB 522, § 24;
  • Laws 1982, LB 602, § 3;
  • Laws 1983, LB 604, § 20.

Annotations

  • The county where pauper has legal settlement is the county of ultimate liability for his maintenance and care. Miller v. Banner County, 135 Neb. 549, 283 N.W. 206 (1939).

  • Absence of unemancipated minor child from home of parents does not affect his settlement. Miller v. Banner County, 127 Neb. 690, 256 N.W. 639 (1934), affirming 127 Neb. 1, 254 N.W. 669 (1934).

  • One's residence is where he has his established home and to which, when absent, he intends to return. State ex rel. Vale v. School Dist. of City of Superior, 55 Neb. 317, 75 N.W. 855 (1898).