Nebraska county courts set new adoption jurisdiction rules for local and juvenile cases

Legislature Bill 70, introduced in Nebraska on January 16, 2025, aims to streamline the adoption process by clarifying jurisdictional issues and residency requirements for prospective adoptive parents. The bill proposes that county courts will generally have jurisdiction over adoption proceedings, but if a juvenile court already has jurisdiction over the child, the juvenile court will share that authority. This dual jurisdiction is designed to simplify the legal landscape for adoptions, particularly for children already involved in the juvenile system.

One of the most significant changes proposed in LB70 is the removal of residency requirements for individuals wishing to adopt a child who is a ward of the state or under court jurisdiction. This means that non-residents of Nebraska can petition to adopt such children, potentially increasing the pool of adoptive parents and addressing the needs of children in state care more effectively.

Debate surrounding the bill has highlighted concerns about the implications of allowing non-residents to adopt. Proponents argue that it opens up more opportunities for children in need of homes, while opponents worry about the potential for out-of-state adoptions to complicate the integration of children into local communities.

The bill also emphasizes the necessity of written consent from relevant parties in the adoption process, ensuring that the rights of biological parents and the wishes of older children are respected. This provision aims to balance the interests of all parties involved in adoption proceedings.

As LB70 moves through the legislative process, its potential impact on Nebraska's adoption landscape is significant. Experts suggest that if passed, the bill could lead to an increase in adoptions, particularly for children who have been in the foster care system for extended periods. The bill's progress will be closely monitored by child welfare advocates and legal experts, as its outcomes could reshape the state's approach to adoption and child welfare.