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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 926
Introduced by Andersen, 49.
Read first time January 09, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to public assistance; to amend sections 43-5121
and 68-1724, Revised Statutes Cumulative Supplement, 2024; to change2
provisions relating to transitional assistance under the aid to3
dependent children program; to change the maximum time limit for4
receipt of cash assistance; to eliminate provisions relating to5
reimbursement for child care expenses and extreme hardship under the6
Welfare Reform Act; to redefine a term; to change provisions7
relating to the receipt of cash assistance by minor parents; to8
harmonize provisions; and to repeal the original sections.9
Be it enacted by the people of the State of Nebraska,10
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Section 1. Section 43-512, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
43-512 (1) Any dependent child as defined in section 43-504 or any3
relative or eligible caretaker of such a dependent child may file with4
the Department of Health and Human Services a written application for5
financial assistance for such child on forms furnished by the department.6
(2) The department, through its agents and employees, shall make7
such investigation pursuant to the application as it deems necessary or8
as may be required by the county attorney or authorized attorney. If the9
investigation or the application for financial assistance discloses that10
such child has a parent or stepparent who is able to contribute to the11
support of such child and has failed to do so, a copy of the finding of12
such investigation and a copy of the application shall immediately be13
filed with the county attorney or authorized attorney.14
(3) The department shall make a finding as to whether the15
application referred to in subsection (1) of this section should be16
allowed or denied. If the department finds that the application should be17
allowed, the department shall further find the amount of monthly18
assistance which should be paid with reference to such dependent child.19
Except as may be otherwise provided, payments shall be made by unit size20
and shall be consistent with subdivisions (1)(p), (1)(q), (1)(t), (1)(u),21
and (1)(v) of section 68-1713. Beginning on August 30, 2015, the maximum22
payment level for monthly assistance shall be fifty-five percent of the23
standard of need described in section 43-513. 24
No payments shall be made for amounts totaling less than ten dollars25
per month except in the recovery of overpayments. 26
(4) The amount which shall be paid as assistance with respect to a27
dependent child shall be based in each case upon the conditions disclosed28
by the investigation made by the department. An appeal shall lie from the29
finding made in each case to the chief executive officer of the30
department or his or her designated representative. Such appeal may be31
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taken by any taxpayer or by any relative of such child. Proceedings for1
and upon appeal shall be conducted in the same manner as provided for in2
section 68-1016. 3
(5)(a) For the purpose of preventing dependency, the department4
shall adopt and promulgate rules and regulations providing for services5
to former and potential recipients of aid to dependent children and6
medical assistance benefits. The department shall adopt and promulgate7
rules and regulations establishing programs and cooperating with programs8
of work incentive, work experience, job training, and education. The9
provisions of this section with regard to determination of need, amount10
of payment, maximum payment, and method of payment shall not be11
applicable to families or children included in such programs. Income and12
assets described in section 68-1201 shall not be included in13
determination of need under this section. 14
(b) If a recipient of aid to dependent children becomes ineligible15
for aid to dependent children as a result of increased hours of16
employment or increased income from employment after having participated17
in any of the programs established pursuant to subdivision (a) of this18
subsection, the recipient may be eligible for the following benefits, as19
provided in rules and regulations of the department in accordance with20
sections 402, 417, and 1925 of the federal Social Security Act, as21
amended, Public Law 100-485, in order to help the family during the22
transition from public assistance to independence:23
(i) An ongoing transitional payment that is intended to meet the24
family's ongoing basic needs which may include food, clothing, shelter,25
utilities, household goods, personal care items, and general incidental26
expenses during the five months following the time the family becomes27
ineligible for assistance under the aid to dependent children program, if28
the family's earned income is at or below one hundred eighty-five percent29
of the federal poverty level at the time the family becomes ineligible30
for the aid to dependent children program. Payments shall be made in five31
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monthly payments, each equal to one-fifth of the aid to dependent1
children payment standard for the family's size at the time the family2
becomes ineligible for the aid to dependent children program. If during3
the five-month period, (A) the family's earnings exceed one hundred4
eighty-five percent of the federal poverty level, (B) the family members5
are no longer working, (C) the family ceases to be Nebraska residents,6
(D) there is no longer a minor child in the family's household, or (E)7
the family again becomes eligible for the aid to dependent children8
program, the family shall become ineligible for any remaining9
transitional benefits under this subdivision; and 10
(ii) Child care as provided in subdivision (1)(c) of section11
68-1724; and 12
(ii) (iii) Except as may be provided in accordance with subsection13
(2) of section 68-1713 and subdivision (1)(c) of section 68-1724, medical14
assistance for up to twelve months after the month the recipient becomes15
employed and is no longer eligible for aid to dependent children.16
(6) For purposes of sections 43-512 to 43-512.18:17
(a) Authorized attorney shall mean an attorney, employed by the18
county subject to the approval of the county board, employed by the19
department, or appointed by the court, who is authorized to investigate20
and prosecute child, spousal, and medical support cases. An authorized21
attorney shall represent the state as provided in section 43-512.03;22
(b) Child support shall be defined as provided in section 43-1705;23
(c) Medical support shall include all expenses associated with the24
birth of a child, cash medical support as defined in section 42-369,25
health care coverage as defined in section 44-3,144, and medical and26
hospital insurance coverage or membership in a health maintenance27
organization or preferred provider organization; 28
(d) Spousal support shall be defined as provided in section 43-1715;29
(e) State Disbursement Unit shall be defined as provided in section30
43-3341; and 31
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(f) Support shall be defined as provided in section 43-3313.1
Sec. 2. Section 68-1724, Revised Statutes Cumulative Supplement,2
2024, is amended to read: 3
68-1724 (1) Cash assistance shall be provided for a period or4
periods of time not to exceed a total of thirty-six sixty months for5
recipient families with children subject to the following:6
(a) If the state fails to meet the specific terms of the self-7
sufficiency contract developed under section 68-1719, the thirty-six-8
month sixty-month time limit established in this section shall be9
extended; and 10
(b) The thirty-six-month sixty-month time period for cash assistance11
shall begin within the first month of eligibility. ;12
(c) When no longer eligible to receive cash assistance, assistance13
shall be available to reimburse work-related child care expenses even if14
the recipient family has not achieved economic self-sufficiency. The15
amount of such assistance shall be based on a cost-shared plan between16
the recipient family and the state which shall provide assistance up to17
two hundred percent of the federal poverty level prior to October 1,18
2026, or one hundred eighty-five percent of the federal poverty level on19
and after October 1, 2026. A recipient family may be required to20
contribute up to twenty percent of such family's gross income for child21
care. It is the intent of the Legislature that transitional health care22
coverage be made available on a sliding-scale basis to individuals and23
families with incomes up to one hundred eighty-five percent of the24
federal poverty level if other health care coverage is not available; and25
(d) The self-sufficiency contract shall be revised and cash26
assistance extended when there is no job available for adult members of27
the recipient family. It is the intent of the Legislature that available28
job shall mean a job which results in an income of at least equal to the29
amount of cash assistance that would have been available if receiving30
assistance minus unearned income available to the recipient family.31
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The department shall develop policy guidelines to allow for cash1
assistance to persons who have received the maximum cash assistance2
provided by this section and who face extreme hardship without additional3
assistance. For purposes of this section, extreme hardship means a4
recipient family does not have adequate cash resources to meet the costs5
of the basic needs of food, clothing, and housing without continuing6
assistance or the child or children are at risk of losing care by and7
residence with their parent or parents. 8
(2) Cash assistance conditions under the Welfare Reform Act shall be9
as follows: 10
(a) Adults in recipient families shall mean individuals at least11
nineteen years of age living with and related to a child eighteen years12
of age or younger and shall include parents , and siblings, uncles,13
aunts, cousins, or grandparents, whether the relationship is biological,14
adoptive, or step; 15
(b) The payment standard shall be based upon family size;16
(c) The adults in the recipient family shall ensure that the minor17
children regularly attend school. Education is a valuable personal18
resource. The cash assistance provided to the recipient family may be19
reduced when the parent or parents have failed to take reasonable action20
to encourage the minor children of the recipient family ages sixteen and21
under to regularly attend school. No reduction of assistance shall be22
such as may result in extreme hardship. It is the intent of the23
Legislature that a process be developed to insure communication between24
the case manager, the parent or parents, and the school to address issues25
relating to school attendance; 26
(d) Two-parent families which would otherwise be eligible under27
section 43-504 or a federally approved waiver shall receive cash28
assistance under this section; 29
(e) For minor parents, the assistance payment shall be based on the30
minor parent's income. If the minor parent lives with at least one31
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parent, the family's income shall be considered in determining1
eligibility and cash assistance payment levels for the minor parent. If2
the minor parent lives independently, support shall be pursued from the3
parents of the minor parent. If the absent parent of the minor's child is4
a minor, support from his or her parents shall be pursued. Support from5
parents as allowed under this subdivision shall not be pursued when the6
family income is less than two three hundred percent of the federal7
poverty guidelines; and 8
(f) For adults who are not biological or adoptive parents or9
stepparents of the child or children in the family, if assistance is10
requested for the entire family, including the adults, a self-sufficiency11
contract shall be entered into as provided in section 68-1719. If12
assistance is requested for only the child or children in such a family,13
such children shall be eligible after consideration of the family's14
income and if (i) the family cooperates in pursuing child support and15
(ii) the minor children of the family regularly attend school.16
Sec. 3. Original sections 43-512 and 68-1724, Revised Statutes17
Cumulative Supplement, 2024, are repealed. 18
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