Nebraska

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel in abuse/neglect proceedings, and must be informed of this right.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to a GAL who is an attorney in abuse/neglect caases.

Appointment of Counsel: categorical Qualified: no

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel upon request for a minor seeking to bypass the parental consent requirement for abortion.

Appointment of Counsel: categorical Qualified: no

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Child Support Enforcement (Civil Contempt)

Litigation

Key_development Question_mark

Right to counsel

The Nebraska Supreme Court found a federal constitutional right to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

Indigent respondents have a right to counsel in civil commitment cases.

Appointment of Counsel: categorical Qualified: no

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Civil Forfeiture

Legislation

Key_development Question_mark

Nebraska authorizes appointment of counsel in civil forfeiture cases

04/19/2016

A new law authorizes appointment of counsel for a person (other than the defendant) claiming an interest in property subject to forfeiture.

Appointment of Counsel: discretionary Qualified: yes

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Consumer Debt

Legislation

Legislation: debt collection proceedings

06/21/2017

This bill would have, among other things, required appointment of counsel for contempt proceedings related to debt collection.

 

Nccrc_involvement_icon The NCCRC submitted testimony in support of the bill.

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Legislation: debt collection

02/22/2017

This bill would have required appointment of counsel for contempt proceedings related to debt collection.

 

Nccrc_involvement_icon The NCCRC submitted testimony to the Judiciary Committee in support of the bill.

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Custody Disputes - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for a child in a private custody dispute.

Appointment of Counsel: discretionary Qualified: no

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Divorce

Legislation

Key_development Question_mark

Discretionary appointment of counsel - divorce

A court must appoint a GAL or attorney or both in divorce proceedings where a spouse is mentally ill.

Appointment of Counsel: categorical Qualified: yes

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Domestic Violence - Alleged Victim

Legislation

Key_development Question_mark

Right to counsel

In DV cases, the state must provide some emergency legal counseling to victims.

Appointment of Counsel: categorical Qualified: yes

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for the proposed ward in various kinds of guardianship proceedings.

Appointment of Counsel: discretionary Qualified: no

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Paternity - Defendant/Respondent

Litigation

Key_development Question_mark

Right to counsel

The Nebraska Supreme Court found a state/federal constitutional right to counsel in state-initiated paternity proceedings.

Appointment of Counsel: categorical Qualified: yes

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Sexually Dangerous Persons - Commitment

Legislation

Key_development Question_mark

Right to counsel

Indigent respondents have a right to counsel in sex offender commitment cases.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to a guardian ad litem who is an attorney in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parents in termination of parental rights cases, and they must be informed of this right.

Appointment of Counsel: categorical Qualified: no

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Litigation

Key_development Question_mark

Right to counsel

There is a constitutional right to counsel in state-initiated termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

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Right to counsel

The Nebraska Supreme Court found a due process right to counsel in termination of parental rights cases, but its holding is questionable.

Appointment of Counsel: categorical Qualified: yes

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Other Subject Areas

Legislation

Right to counsel - youth transitioning out of foster care

Nebraska law provides a right to appointed counsel for a ward of the state who is aging out of foster care and still needs services.

Appointment of Counsel: categorical Qualified: no

Read more about this

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