43-3804. Ward of department; department; determination required; information provided to minor and parent or custodian; notify consulate; release of information.

419 words·~2 min read·/ne/chapter-43/43-3804

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)When a court makes a minor a ward of the department, the department shall determine whether the minor is a foreign national minor or a minor having multiple nationalities. If such minor is a foreign national minor or a minor having multiple nationalities, the department shall provide such minor and his or her parent or custodian with the following information:

(a)Written information in English and the minor's native language, explaining the juvenile court process and the rights of the minor and his or her parents or custodian; and

(b)The address and telephone number of the nearest consulate serving the minor.

(2)The department shall notify the appropriate consulate in writing within ten working days after

(a)the initial date the department takes custody of a foreign national minor or a minor having multiple nationalities or the date the department learns that a minor in its custody is a foreign national minor or a minor having multiple nationalities, whichever occurs first,

(b)the parent of a foreign national minor or a minor having multiple nationalities has requested that the consulate be notified, or

(c)the department determines that a noncustodial parent of a foreign national minor or a minor having multiple nationalities in its custody resides in the country represented by the consulate.

(3)The department shall provide the consulate with the name and date of birth of the foreign national minor or the minor having multiple nationalities, the name of his or her parent or custodian, and the name and telephone number of the departmental caseworker directly responsible for the case.

(4)If the consulate needs additional specific information regarding the case of the foreign national minor or the minor having multiple nationalities, the consulate may contact the department and the department may release any information not required to be kept confidential under the Nebraska Juvenile Code or other state or federal statutes.

This section does not create a jurisdictional prerequisite to a juvenile court's exercise of jurisdiction. In re Interest of Angelica L. & Daniel L., 277 Neb. 984, 767 N.W.2d 74 (2009).

The State's failure to comply with the notice requirements of subsection

(2)of this section does not result in a denial of due process when a father whose parental rights have been terminated had notice of the proceedings and did not show that he was prejudiced by the lack of notification to the foreign consulate. In re Interest of Antonio O. & Gisela O., 18 Neb. App. 449, 784 N.W.2d 457 (2010).