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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 928
Introduced by von Gillern, 4.
Read first time January 09, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to children and families; to amend sections1
43-1311, 43-1311.01, and 71-1901, Reissue Revised Statutes of2
Nebraska; to require notifications by the Department of Health and3
Human Services to fictive kin of a child who has been removed from4
home; to define and redefine terms; to change provisions relating to5
foster care licensure; to harmonize provisions; and to repeal the6
original sections. 7
Be it enacted by the people of the State of Nebraska,8
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Section 1. Section 43-1311, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
43-1311 Except as otherwise provided in the Nebraska Indian Child3
Welfare Act, immediately following removal of a child from his or her4
home pursuant to section 43-284, the person or court in charge of the5
child shall: 6
(1) Conduct or cause to be conducted an investigation of the child's7
circumstances designed to establish a safe and appropriate plan for the8
rehabilitation of the foster child and family unit or permanent placement9
of the child; 10
(2) Require that the child receive a medical examination within two11
weeks of his or her removal from his or her home; 12
(3) Subject the child to such further diagnosis and evaluation as is13
necessary; 14
(4) Require that the child attend the same school as prior to the15
foster care placement unless the person or court in charge determines16
that attending such school would not be in the best interests of the17
child; and 18
(5) Notify the Department of Health and Human Services to identify,19
locate, and provide written notification to adult relatives and fictive20
kin of the child as provided in section 43-1311.01.21
Sec. 2. Section 43-1311.01, Reissue Revised Statutes of Nebraska, is22
amended to read: 23
43-1311.01 (1) When notified pursuant to section 43-1311 or upon24
voluntary placement of a child, the Department of Health and Human25
Services shall, as provided in this section, identify, locate, and26
provide written notification of the removal of the child from his or her27
home, within thirty days after removal, to any noncustodial parent and to28
all grandparents, all parents who have legal custody of a sibling of the29
child, and all adult siblings, adult aunts, adult uncles, adult cousins,30
and adult relatives, and fictive kin of the child suggested by the child,31
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or the child's parents, or relatives of the child except when that1
relative's history of family or domestic violence makes notification2
inappropriate. For purposes of this section, sibling means an individual3
who is considered by Nebraska law to be a sibling or who would have been4
considered a sibling under Nebraska law but for a termination of parental5
rights or other disruption in parental rights such as the death of a6
parent. If the child is an Indian child as defined in section 43-1503 ,7
the child's extended family members as defined in such section shall be8
notified. Such notification shall include all of the following9
information: 10
(a) The child has been or is being removed from the custody of the11
parent or parents of the child; 12
(b) An explanation of the options the relative or fictive kin has13
under federal, state, and local law to participate in the care and14
placement of the child, including any options that may be lost by failing15
to respond to the notice; 16
(c) A description of the requirements for the relative or fictive17
kin to serve as a foster care provider or other type of care provider for18
the child and the additional services, training, and other support19
available for children receiving such care; and 20
(d) Information concerning the option to apply for guardianship21
assistance payments. 22
(2) The department shall investigate the names and locations of the23
relatives and fictive kin, including, but not limited to, asking the24
child in an age-appropriate manner about relatives and fictive kin25
important to the child and obtaining information regarding the location26
of the relatives and fictive kin. 27
(3) The department shall provide to the court, within thirty28
calendar days after removal of the child, the names and relationship to29
the child of all relatives and fictive kin contacted, the method of30
contact, and the responses received from the relatives and fictive kin.31
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(4) For purposes of this section: 1
(a) Indian child has the same meaning as in section 43-1503;2
(b) Fictive kin has the same meaning as in section 71-1901; and3
(c) Sibling means an individual who is considered by Nebraska law to4
be a sibling or who would have been considered a sibling under Nebraska5
law but for a termination of parental rights or other disruption in6
parental rights such as the death of a parent. 7
Sec. 3. Section 71-1901, Reissue Revised Statutes of Nebraska, is8
amended to read: 9
71-1901 For purposes of sections 71-1901 to 71-1906.01:10
(1) Person includes a partnership, limited liability company, firm,11
agency, association, or corporation; 12
(1) (2) Child means an unemancipated minor; 13
(2) (3) Child-placing agency has the definition found in section14
71-1926; 15
(3) (4) Department means the Department of Health and Human16
Services; 17
(4) Fictive kin means an adult who is not related to a child by18
blood, marriage, or adoption, but who: 19
(a) Has previously lived with the child; or 20
(b) Is a trusted adult that has a preexisting, significant21
relationship with the child; 22
(5) Foster care means engaged in the service of exercising twenty-23
four-hour daily care, supervision, custody, or control over children, for24
compensation or hire, in lieu of the care or supervision normally25
exercised by parents in their own home. Foster care does not include26
casual care at irregular intervals or programs as defined in section27
71-1910; 28
(6) Foster family home means a home which provides foster care to a29
child or children pursuant to a foster care placement as defined in30
section 43-1301. Foster family homes include licensed homes where the31
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primary caretaker has no significant prior relationship with the child or1
children in his or her care and both licensed and unlicensed relative and2
kinship homes; 3
(7) Kinship home means a home where a child or children receive4
foster care and at least one of the primary caretakers is fictive kin of5
has previously lived with or is a trusted adult that has a preexisting,6
significant relationship with the child or children or a sibling of such7
child or children pursuant to section 43-1311.02; 8
(8) Native American means a person who is a member of an Indian9
tribe or eligible for membership in an Indian tribe;10
(9) Person includes a partnership, limited liability company, firm,11
agency, association, or corporation; 12
(10) (9) Relative home means a home where a child or children13
receive foster care and at least one of the primary caretakers is related14
to the child or children, or to a sibling of such child or children15
pursuant to section 43-1311.02, in his or her care by blood, marriage, or16
adoption or, in the case of an Indian child, at least one of the primary17
caretakers is an extended family member as defined in section 43-1503;18
and 19
(11) (10) Residential child-caring agency has the definition found20
in section 71-1926. 21
Sec. 4. Original sections 43-1311, 43-1311.01, and 71-1901, Reissue22
Revised Statutes of Nebraska, are repealed. 23
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