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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 995
Introduced by Rountree, 3.
Read first time January 13, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to juvenile justice; to amend sections 43-272,1
43-279, and 43-3102, Revised Statutes Cumulative Supplement, 2024;2
to require appointment of counsel for juveniles as prescribed; to3
require juvenile courts to present written materials concerning the4
right to counsel to parties as prescribed; to change provisions5
relating to waivers of the right to counsel; to harmonize6
provisions; and to repeal the original sections.7
Be it enacted by the people of the State of Nebraska,8
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Section 1. Section 43-272, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
43-272 (1)(a) In counties having a population of less than one3
hundred fifty thousand inhabitants: 4
(i) When any juvenile court petition is filed alleging jurisdiction5
of a juvenile pursuant to subdivision (2) of section 43-247, counsel6
shall be appointed for such juvenile; and 7
(ii) In any other instance in which a juvenile is brought without8
counsel before a juvenile court, the court shall advise such juvenile and9
his or her parent or guardian of their right to retain counsel and shall10
inquire of such juvenile and his or her parent or guardian as to whether11
they desire to retain counsel. 12
(1)(a) When (b) In counties having a population of one hundred fifty13
thousand or more inhabitants, when any juvenile court petition is filed14
alleging jurisdiction of a juvenile pursuant to subdivision (1), (2), (3)15
(b), or (4) of section 43-247, counsel shall be appointed for such16
juvenile. At any subsequent hearing or proceeding before the juvenile17
court concerning such allegations, such juvenile shall have the right to18
counsel appointed under this subsection. 19
(b) In any case not described in subdivision (1)(a) of this section,20
if a juvenile is brought without counsel before a juvenile court, the21
court shall advise such juvenile and his or her parent or guardian of22
their right to retain counsel and shall inquire of such juvenile and his23
or her parent or guardian as to whether they desire to retain counsel.24
(c) The court shall inform any juvenile described in subdivision (1)25
(a) of this section this subsection and his or her parent or guardian of26
such juvenile's right to counsel at county expense if none of them is27
able to afford counsel. If the juvenile or his or her parent or guardian28
desires to have counsel appointed for such juvenile, or the parent or29
guardian of such juvenile cannot be located, and the court ascertains30
that none of such persons are able to afford an attorney, the court shall31
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forthwith appoint an attorney to represent such juvenile for all1
proceedings before the juvenile court, except that if an attorney is2
appointed to represent such juvenile and the court later determines that3
a parent of such juvenile is able to afford an attorney, the court shall4
order such parent or juvenile to pay for services of the attorney to be5
collected in the same manner as provided by section 43-290. If the parent6
willfully refuses to pay any such sum, the court may commit him or her7
for contempt, and execution may issue at the request of the appointed8
attorney or the county attorney or by the court without a request.9
(2) The court, on its own motion or upon application of a party to10
the proceedings, shall appoint a guardian ad litem for the juvenile: (a)11
If the juvenile has no parent or guardian of his or her person or if the12
parent or guardian of the juvenile cannot be located or cannot be brought13
before the court; (b) if the parent or guardian of the juvenile is14
excused from participation in all or any part of the proceedings; (c) if15
the parent is a juvenile or an incompetent; (d) if the parent is16
indifferent to the interests of the juvenile; or (e) in any proceeding17
pursuant to the provisions of subdivision (3)(a) of section 43-247.18
A guardian ad litem shall have the duty to protect the interests of19
the juvenile for whom he or she has been appointed guardian, and shall be20
deemed a parent of the juvenile as to those proceedings with respect to21
which his or her guardianship extends. 22
(3) The court shall appoint an attorney as guardian ad litem. A23
guardian ad litem shall act as his or her own counsel and as counsel for24
the juvenile, unless there are special reasons in a particular case why25
the guardian ad litem or the juvenile or both should have separate26
counsel. In such cases the guardian ad litem shall have the right to27
counsel, except that the guardian ad litem shall be entitled to appointed28
counsel without regard to his or her financial ability to retain counsel.29
Whether such appointed counsel shall be provided at the cost of the30
county shall be determined as provided in subsection (1) of this section.31
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(4) By July 1, 2015, the Supreme Court shall provide by court rule1
standards for guardians ad litem for juveniles in juvenile court2
proceedings. 3
(5) By July 1, 2017, the Supreme Court shall provide guidelines4
setting forth standards for all attorneys who practice in juvenile court.5
Sec. 2. Section 43-279, Revised Statutes Cumulative Supplement,6
2024, is amended to read: 7
43-279 (1) The adjudication portion of hearings shall be conducted8
before the court without a jury, applying the customary rules of evidence9
in use in trials without a jury. When the petition alleges the juvenile10
to be within the provisions of subdivision (1), (2), (3)(b), or (4) of11
section 43-247 and the juvenile or his or her parent, guardian, or12
custodian appears with or without counsel, the court shall:13
(a) Inform inform the parties: 14
(i) (a) Of the nature of the proceedings and the possible15
consequences or dispositions pursuant to sections 43-284 to 43-286,16
43-289, and 43-290 that may apply to the juvenile's case following an17
adjudication of jurisdiction; 18
(ii) (b) Of such juvenile's right to counsel as provided in sections19
43-272 and 43-273; 20
(iii) (c) Of the privilege against self-incrimination by advising21
the juvenile, parent, guardian, or custodian that the juvenile may remain22
silent concerning the charges against the juvenile and that anything said23
may be used against the juvenile; 24
(iv) (d) Of the right to confront anyone who testifies against the25
juvenile and to cross-examine any persons who appear against the26
juvenile; 27
(v) (e) Of the right of the juvenile to testify and to compel other28
witnesses to attend and testify in his or her own behalf;29
(vi) (f) Of the right of the juvenile to a speedy adjudication30
hearing; and 31
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(vii) (g) Of the right to appeal and have a transcript for such1
purpose; and . 2
(b) Provide each such person with written materials explaining the3
juvenile's right to counsel. Such materials shall be written at a level4
understandable to the juvenile and shall be developed using best5
practices designed to ensure comprehension by the juvenile.6
(2) After informing the parties and providing the written materials7
as required by subsection (1) of this section giving such warnings and8
admonitions, the court may accept an in-court admission or answer of no9
contest by the juvenile of all or any part of the allegations in the10
petition if the court has determined from examination of the juvenile and11
those present that such admission or answer of no contest is12
intelligently, voluntarily, and understandingly made and with an13
affirmative waiver of rights and that a factual basis for such admission14
or answer of no contest exists. The waiver of the right to counsel shall15
satisfy section 43-3102. The court may base its adjudication provided in16
subsection (3) (2) of this section on such admission or answer of no17
contest. 18
(3) (2) If the juvenile denies the petition or stands mute the court19
shall first allow a reasonable time for preparation if needed and then20
consider only the question of whether the juvenile is a person described21
by section 43-247. After hearing the evidence on such question, the court22
shall make a finding and adjudication, to be entered on the records of23
the court, whether or not the juvenile is a person described by24
subdivision (1), (2), (3)(b), or (4) of section 43-247 based upon proof25
beyond a reasonable doubt. If an Indian child is involved, the standard26
of proof shall be in compliance with the Nebraska Indian Child Welfare27
Act, if applicable. 28
(4) (3) If the court shall find that the juvenile named in the29
petition is not within the provisions of section 43-247, it shall dismiss30
the case. If the court finds that the juvenile named in the petition is31
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such a juvenile, it shall make and enter its findings and adjudication1
accordingly, designating which subdivision or subdivisions of section2
43-247 such juvenile is within; the court shall allow a reasonable time3
for preparation if needed and then proceed to an inquiry into the proper4
disposition to be made of such juvenile. 5
Sec. 3. Section 43-3102, Revised Statutes Cumulative Supplement,6
2024, is amended to read: 7
43-3102 (1) In any court proceeding, any waiver of the right to8
counsel by a juvenile shall be made in open court, shall be recorded, and9
shall be confirmed in a writing signed by the juvenile.10
(2) A court shall not accept a juvenile's waiver of the right to11
counsel unless: 12
(a) The the waiver satisfies subsection (1) of this section;13
(b) The waiver and is an affirmative waiver that is made14
intelligently, voluntarily, and understandingly. In determining whether15
such waiver was made intelligently, voluntarily, and understandingly, the16
court shall consider, among other things: (i) (a) The age, intelligence,17
and education of the juvenile, (ii) (b) the juvenile's emotional18
stability, and (iii) (c) the complexity of the proceedings; and .19
(c) The juvenile has been provided the written materials required by20
subdivision (1)(b) of section 43-279. 21
(3) On or before July 1, 2022, the Supreme Court shall provide, by22
court rule, a process to ensure that a juvenile has consulted with23
counsel, and if not, is provided the opportunity to consult with counsel24
prior to the juvenile exercising their right to waive their right to25
counsel. 26
(4) The court shall ensure that a juvenile represented by an27
attorney consults with his or her attorney before any waiver of counsel.28
(5) No parent, guardian, custodian, or other person may waive the29
juvenile's right to counsel. 30
(6) A juvenile's right to be represented by counsel may not be31
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waived in the following circumstances: 1
(a) If the juvenile is under the age of fourteen;2
(b) For a detention hearing; 3
(c) For any dispositional hearing where out-of-home placement is4
sought; or 5
(d) If there is a motion to transfer the juvenile from juvenile6
court to county court or district court. 7
Sec. 4. Original sections 43-272, 43-279, and 43-3102, Revised8
Statutes Cumulative Supplement, 2024, are repealed.9
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