The Supreme Court establishes the following goals for the rules relating to the establishment and enforcement of child support and paternity:

   (A) The collection of a greater proportion of the child support owed to custodial parents.

   (B) The entry and enforcement of support orders within the time guidelines established by federal law.

   (C) The assurance that the Nebraska court system complies with federal rules and regulations relating to the establishment and enforcement of child support and paternity.

   The expedited judicial process established in these rules is mandatory for all court matters related to the establishment and enforcement of child support and paternity. The following time standards apply in actions to establish support orders and, if necessary, paternity.

   (A) In all cases needing support order establishment regardless of whether paternity has been established, action to establish support orders must be completed from the date of service to the time of disposition within the following timeframes:

   (1) Seventy-five percent of such cases shall be completed within 6 months of service of process.

   (2) Ninety percent of such cases shall be completed within 12 months of service of process.

   Note: In cases for the purpose of paternity and support order establishment that use long-arm jurisdiction and disposition occurs within 12 months of service of process on the alleged father or noncustodial parent, the case may be counted as a success within the 6-month tier of the timeframe, regardless of when disposition occurs in the 12-month period following the service of process.

   (A) Each clerk of the district court shall maintain records of payments for each child support order entered by the court in any pending case. Such records shall be created within 2 business days after the filing of the order in the clerk's office. The records shall show payments due, payments made, and the current arrearage. The records shall be updated within 1 business day after the day the payment is due and the day a payment is received. Interest may be calculated either each month or only when requested by the court or a party.

   (B) The clerk of the district court shall issue summons within 1 business day after receiving a request for summons. Summons shall be delivered immediately for service unless the court has been requested to issue an ex parte order which may be served with the summons. The clerk shall deliver summons for service no later than 3 business days after issuance.

   (C) The clerk of the district court shall determine whether a copy of the order has been furnished to the parties or their attorneys. If the clerk determines no copies have been furnished, the clerk shall mail copies to their last known mailing address by first class mail.

   The Supreme Court finds that matters related to the establishment, modification, enforcement, and collection of child or spousal support and to paternity should be handled by the court in an expeditious manner so that parties may obtain needed orders and other action as quickly as possible. It is determined that the appointment of statewide child support referees is necessary to aid the district courts in meeting the case progression standards established by Supreme Court rule and federal law.

   Each referee shall be appointed by order of the judges of the Supreme Court and shall be an attorney in good standing admitted to the practice of law in the State of Nebraska. The referee shall be sworn or affirmed, and the oath for judicial officer shall be administered. The referee may be removed at any time by the Supreme Court.

   The referee shall, in all judicial districts in this state, hear matters pertaining to (1) the establishment, modification, enforcement, and collection of child or spousal support and (2) paternity. The referee shall have the power to administer all necessary oaths, supervise pretrial preparation pursuant to the rules of discovery, grant continuances and adjournments, recommend the appointment of counsel for indigent parties, and carry out any other duties permitted by law as directed by the district court. The functions performed by the referee under expedited processes shall at a minimum include (1) taking testimony and establishing a record, (2) evaluating evidence and making recommendations to establish and enforce orders, (3) accepting voluntary acknowledgment of support liability and stipulated agreements setting the amount of support and accepting voluntary acknowledgment of paternity, and (4) recommending default orders if absent parents fail to respond within the time specified by law. Priority shall be given to those judicial districts which have not been granted an exemption from the federal requirement to implement expedited processes.

   Under the expedited processes established by this court rule:

   (A) The parties must be provided a copy of the recommendation of the referee and the ratified order;

   (B) To be enforceable, the referee's recommendations must be entered as an order by a judge;

   (C) If a case involves complex issues requiring judicial resolution, a temporary support obligation shall be recommended under these expedited processes and the unresolved issues shall be referred to the district court.

   A hearing before a child support referee shall be conducted in the same manner as a hearing before a district court. Testimony in such matters shall be preserved by tape recording or other prescribed measures and shall be in accordance with prescribed standards. Transcripts of all hearings shall be available upon request, and all costs of preparing the transcript shall be paid by the party for whom it is prepared.

   Upon the hearing of a matter, the child support referee shall prepare in writing his or her findings and recommendations to the parties or their attorneys and submit a report to the district court containing findings of fact and recommendations and any and all exceptions.

   In all cases referred by a child support referee, the parties shall have the right to take exception within 14 days to the findings and recommendations of the referee and to have a review by the district court before final disposition. Upon receiving the findings and recommendations, the district court shall conduct a review on the report of the referee and in the court's discretion may ratify or modify the recommendations of the referee and enter judgment based thereon, with the rights of appeal and to move for rehearing reserved to all parties.

   Actions to establish or enforce support obligations shall be completed in accordance with state and federal law.

   The main principle behind these guidelines is to recognize the equal duty of both parents to contribute to the support of their children in proportion to their respective net incomes.

   The guidelines are intended to be used for both temporary and permanent support determinations.

   The child support guidelines shall be applied as a rebuttable presumption. All orders for child support obligations shall be established in accordance with the provisions of the guidelines unless the court finds that one or both parties have produced sufficient evidence to rebut the presumption that the guidelines should be applied. All stipulated agreements for child support must be reviewed against the guidelines and if a deviation exists and is approved by the court, specific findings giving the reason for the deviation must be made. Findings must state the amount of support that would have been required under the guidelines and include a justification of why the order varies from the guidelines. Deviations must take into consideration the best interests of the child. In the event of a deviation, the reason for the deviation shall be contained in the findings portion of the decree or order, or worksheet 5 should be completed by the court and filed in the court file. Deviations from the guidelines are permissible under the following circumstances:

   (A) When there are extraordinary medical costs of either parent or child;

   (B) when special needs of a disabled child exist;

   (C) if total net income exceeds $20,000 monthly, child support for amounts in excess of $20,000 monthly may be more but shall not be less than the amount which would be computed using the $20,000 monthly income unless other permissible deviations exist. To assist the court and not as a rebuttable presumption, the court may use the amount at $20,000 plus: 10 percent of net income above $20,000 for one, two, and three children; 12 percent of net income above $20,000 for four children; 13 percent of net income for five children; and 14 percent of net income for six children. For example, if the combined net parental income is $30,000 monthly and there is one child, the schedule amount at $20,000 is $2,282. Ten percent of the net income above $20,000 is $2,000 ($20,000 times .10). Therefore, the basic obligation is $4,282 ($2,282 plus $2,000). If the obligor's share of the total net income is 85 percent, the obligor's share of the support is $3,640 ($4,282 times .85).

   (D) for juveniles placed in foster care; or

   (E) whenever the application of the guidelines in an individual case would be unjust or inappropriate.

All orders for child support, including modifications, must include a basic income and support calculation worksheet 1, and if used, worksheet 2 or 3.

Paragraph C amended Dec. 23, 1992; amended effective Jan. 1, 1996; amended effective July 1, 2007. Renumbered and codified as § 4-203, effective July 18, 2008; § 4-203(C) amended July 13, 2011, effective September 1, 2011.; § 4-203(C) amended September 25, 2019, effective January 1, 2020.

   (A) Total monthly income is the income of both parties derived from all sources, except all means-tested public assistance benefits which includes any earned income tax credit and payments received for children of prior marriages. This would include income that could be acquired by the parties through reasonable efforts. For instance, a court may consider as income the retained earnings in a closely-held corporation of which a party is a shareholder if the earnings appear excessive or inappropriate. All income should be annualized and divided by 12. For example, a party who receives a salary of $400 gross per week would have an annualized gross income of $20,800 ($400 times 52) and a monthly income of $1,733.33 ($20,800 divided by 12). If the person is paid $400 every 2 weeks, his or her annualized gross income would be $10,400 ($400 times 26) and monthly income would be $866.67 (10,400 divided by 12).

   (B) The court may consider overtime wages in determining child support if the overtime is a regular part of the employment and the employee can actually expect to regularly earn a certain amount of income from working overtime. In determining whether working overtime is a regular part of employment, the court may consider such factors as the work history of the employee for the employer, the degree of control the employee has over work conditions, and the nature of the employer's business or industry.

   (C) Depreciation calculated on the cost of ordinary and necessary assets may be allowed as a deduction from income of the business or farm to arrive at an annualized total monthly income. After an asset is shown to be ordinary and necessary, depreciation, if allowed by the trial court, shall be calculated by using the "straight-line" method, which allocates cost of an asset equally over its useful duration or life. An asset's life should be determined with reference to the Class-lives and Recovery Periods Table created pursuant to 26 CFR § 1.167(a)-11. A party claiming depreciation shall have the burden of establishing entitlement to its allowance as a deduction.

   (D) Copies of at least 2 years' tax returns, financial statements, and current wage stubs should be furnished to the court and the other party to the action at least 3 days before any hearing requesting relief. Any party claiming an allowance of depreciation as a deduction from income shall furnish to the court and the other party copies of a minimum of 5 years' tax returns at least 14 days before any hearing pertaining to the allowance of the deduction.

   (E) If applicable, earning capacity may be considered in lieu of a parent's actual, present income. Earning capacity is not limited to wage-earning capacity, but includes moneys available from all sources. When imputing income to a parent, the court shall take into consideration the specific circumstances of the parents, to the extent known. Those factors may include the parent's residence, employment and earnings history, job skills, educational attainment, literacy, age, health, and employment barriers, including criminal record, record of seeking work, prevailing local earning levels, and availability of employment.

   (F) Incarceration may not be treated as voluntary unemployment or underemployment in establishing or modifying child support orders.

Paragraph D amended Dec. 23, 1992; amended effective Jan. 1, 1996; amended effective Sept. 1, 2002. Renumbered and codified as § 4-204, effective July 18, 2008. § 4-204 amended September 16, 2015, effective January 1, 2016; § 4-204 amended September 25, 2019, effective January 1, 2020.

   The following deductions should be annualized to arrive at monthly net income:

   (A) Taxes. Standard deductions applicable to the number of exemptions provided by law will be used to establish the amount of federal and state income taxes.

   (B) FICA. Social Security deductions, or any other mandatory contributions in lieu of Social Security deductions including any self-employment tax paid.

   (C) Retirement. Individual contributions, in a minimum amount required by a mandatory retirement plan. Where no mandatory retirement plan exists, a deduction shall be allowed for a continuation of actual voluntary retirement contributions not to exceed 4 percent of the gross income from employment or 4 percent from the net income from self-employment.

   (D) Child Support. Child support previously ordered for other children.

   (E) Other Children. Subject to § 4-220, credit may be given for biological or adopted children for whom the obligor provides regular support.

   (F) Cost to the Parent for Health Insurance for Himself or Herself. A deduction shall be allowed for the monthly out-of-pocket cost to the parent for that particular parent's health insurance. This includes the cost of coverage for the parent only. It does not include the cost of health insurance for the child(ren), which is addressed in § 4-215(A). The parent requesting the deduction must submit proof of the cost actually incurred for health insurance coverage of the parent. The amount of the deduction for the cost to the parent for health insurance for himself or herself shall not exceed 5 percent of that parent's gross income.

Paragraph E amended effective Jan. 1, 1996; amended effective Sept. 1, 2002; amended effective July 1, 2007. Renumbered and codified as § 4-205, effective July 18, 2008. § 4-205(F) adopted September 16, 2015, effective January 1, 2016.

   The combined monthly net income of both parties from line 4 of worksheet 1 is compared to table 1. For example, if the combined monthly net income was $2,000 and there were three children, we would find $712 as the child support from table 1 (read across the table from $2,000 to the "Three Children" column to find $712).

Paragraph F amended effective Jan. 1, 1996; amended Nov. 26, 2003, effective Jan. 1, 2004. Renumbered and codified as § 4-206, effective July 18, 2008; § 4-206 amended September 25, 2019, effective January 1, 2020.

   This is the child support amount from line 7, worksheet 1 (or line 9 if applicable), multiplied by the percentage contribution of each parent from line 6, worksheet 1. In our example, if F had a monthly net income of $1,500 and M had a monthly income of $500, each parent's monthly share would be $534 for F (.75 times $712) and $178 for M (.25 times $712). F would be required to pay M $534 per month in the event M was awarded custody of the children.

Paragraph G amended effective Jan. 1, 1996; amended Nov. 26, 2003, effective Jan. 1, 2004; amended effective July 1, 2007. Renumbered and codified as § 4-207, effective July 18, 2008; § 4-207 amended September 25, 2019, effective January 1, 2020.

   If there is more than one child, the court's order should specify the amount of child support due for the children, with the amount recalculated and reduced as the obligation to support terminates for each child. The amount due for each possibility should be calculated separately from table 1. In our example, if M was awarded custody of the children, F would be required to pay $534 (.75 times $712) when there are three children, $431.25 (.75 times $575) when there are two children, and $290.25 (.75 times $387) when there is one child. See worksheet 4. The order should direct that child support continue only until each child reaches majority under Nebraska law, becomes emancipated, becomes self-supporting, marries, or dies, or until further order of the court.

Paragraph H amended Dec. 23, 1992; amended effective Jan. 1, 1996; amended Nov. 26, 2003, effective Jan. 1, 2004. Renumbered and codified as § 4-208, effective July 18, 2008; § 4-208 amended September 25, 2019, effective January 1, 2020.

   Even in very low income cases, except in cases of disability or incarceration where a lower amount may be justified, a minimum monthly support of $50, or 10 percent of the obligor's net income, whichever is greater, per month should be set. This will help to maintain information on such obligor, such as his or her address, employment, etc., and, hopefully, encourage such person to understand the necessity, duty, and importance of supporting his or her children.

Paragraph I amended Dec. 23, 1992; amended effective Sept. 1, 2002. Renumbered and codified as § 4-209, effective July 18, 2008; § 4-209 amended September 25, 2019, effective January 1, 2020.

   Visitation or parenting time adjustments or direct cost sharing should be specified in the support order. If child support is not calculated under § 4-212, an adjustment in child support may be made at the discretion of the court when visitation or parenting time substantially exceeds alternating weekends and holidays and 28 days or more in any 90-day period. During visitation or parenting time periods of 28 days or more in any 90-day period, support payments may be reduced by up to 80 percent. The amount of any reduction for extended parenting time shall be specified in the court's order and shall be presumed to apply to the months designated in the order. Any documented substantial and reasonable long-distance transportation costs directly associated with visitation or parenting time may be considered by the court and, if appropriate, allowed as a deviation from the guidelines.

Paragraph J amended effective Jan. 1, 1996; amended effective Sept. 1, 2002; amended effective July 1, 2007. Renumbered and codified as § 4-210, effective July 18, 2008.

   Split custody is defined as each parent having physical custody of one or more of the children. Worksheet 2 shows how to do this calculation.

   When a specific provision for joint physical custody is ordered and each party's parenting time exceeds 142 days per year, it is a rebuttable presumption that support shall be calculated using worksheet 3. When a specific provision for joint physical custody is ordered and one party's parenting time is 109 to 142 days per year, the use of worksheet 3 to calculate support is at the discretion of the court. If child support is determined under this paragraph, all reasonable and necessary direct expenditures made solely for the child(ren) such as clothing and extracurricular activities shall be allocated between the parents, but shall not exceed the proportion of the obligor's parental contributions (worksheet 1, line 6). For purposes of these guidelines, a "day" shall be generally defined as including an overnight period.

Paragraph L amended effective July 1, 2007. Renumbered and codified as § 4-212, effective July 18, 2008; § 4-212 amended July 13, 2011, effective September 1, 2011.

   These guidelines intend that spousal support be determined from income available to the parties after child support has been established.

   Childcare expenses are not specifically computed into the guidelines amount and are to be considered independently of any amount computed by use of these guidelines. Care expenses for the child for whom the support is being set, which are due to employment of either parent or to allow the parent to obtain training or education necessary to obtain a job or enhance earning potential, shall be allocated to the obligor parent as determined by the court, but shall not exceed the proportion of the obligor's parental contribution (worksheet 1, line 6) and shall be added to the basic support obligation computed under these guidelines. 

   The value of the federal income tax credit for child care shall be subtracted from actual costs to arrive at a figure for net childcare expenses. The Court may impute the value of the federal childcare tax credit using worksheet 6 if the parent incurring the childcare expense has monthly gross income above $2,600 for one child; $3,100 for two children; $3,400 for three children; $3,550 for four children; $3,650 for five children; and $3,800 for six children. The value shall be imputed at 25 percent of the childcare expense, not to exceed $62.50 per month for one child and 20 percent of the childcare expense, not to exceed $100 per month for two or more children.

Paragraph N amended effective Jan. 1, 1996; amended effective Sept. 1, 2002; amended effective July 1, 2007. Renumbered and codified as § 4-214, effective July 18, 2008. § 4-214 amended September 16, 2015, effective January 1, 2016.

   As required by Neb. Rev. Stat. § 42-369(2), the child support order shall address how the parents will provide for the child(ren)'s health care needs through health insurance as well as the nonreimbursed reasonable and necessary child(ren)'s health care costs that are not included in table 1 that are provided for in § 4-215(B).

   (A) Health Insurance. The increased cost to the parent for health insurance for the child(ren) of the parent shall be prorated between the parents. When worksheet 1 is used, it shall be added to the monthly support from line 7, then prorated between the parents to arrive at each party's share of monthly support on line 10 of worksheet 1. The parent requesting an adjustment for health insurance premiums must submit proof of the cost for health insurance coverage of the child(ren). The parent paying the premium receives a credit against his or her share of the monthly support. If not otherwise specified in the support order, "health insurance" includes coverage for medical, dental, orthodontic, optometric, substance abuse, and mental health treatment.

   (B) Health Care. Children's health care expenses are specifically included in the guidelines amount of up to $250 per child per year. Children's health care needs are to be met by requiring either parent to provide health insurance as required by state law. All nonreimbursed reasonable and necessary children's health care costs in excess of $250 per child per year shall be allocated to the obligor parent as determined by the court, but shall not exceed the proportion of the obligor's parental contribution (worksheet 1, line 6). If not otherwise specified in the support order, "health care costs" includes public or private coverage for medical, dental, orthodontic, optometric, substance abuse, and mental health treatment.

   (C) Cash Medical Support and Health Care Costs for Title IV-D Cases Only.

   (i) All child support orders in the Title IV-D program must address how the parties will provide for the child(ren)'s health care needs through public or private health care coverage and/or through cash medical support. Cash medical support or the cost of private health insurance is considered reasonable in cost if the cost to the party responsible for providing medical support for the child(ren) does not exceed 5 percent of his or her gross income. In applying the 5-percent standard, the cost is the cost of adding the child(ren) to existing health care coverage or the difference between self-only and the lesser of employee-plus-children or family health care coverage. Cash medical support payment shall not be ordered if, at the time that the order is issued or modified, the responsible party's income is, or such expense would reduce the responsible party's net income, below the basic subsistence limitation provided in § 4-218. If a court orders a parent to pay cash medical support, it shall be in lieu of, and not in addition to, requiring the parent to also pay reimbursement for reasonable and necessary children's health care costs as set forth in § 4-215(B).

   (ii) The amount of cash medical support ordered in the case shall be prorated between the parents. When worksheet 1 is used, it shall be added to the monthly support from line 7, then prorated between the parents to arrive at each party's share of monthly support on line 10 of worksheet 1. The parent paying the cash medical support receives a credit against his or her share of the monthly support.

Paragraph O amended effective Jan. 1, 1996; amended effective Sept. 1, 2002; amended Nov. 26, 2003, effective Jan. 1, 2004; amended effective July 1, 2007. Renumbered and codified as § 4-215, effective July 18, 2008; § 4-215 amended Sept. 16, 2009; § 4-215(C) adopted Sept. 16, 2009, effective Sept. 30, 2009; § 4-215 (all sections) amended July 13, 2011, effective September 1, 2011; § 4-215(B) and (C)(i) amended September 25, 2019, effective January 1, 2020.

   The State Court Administrator shall review the Nebraska Child Support Guidelines not less than every 4 years, beginning in October 1993, and recommend revisions, if any, to the Nebraska Supreme Court. In addition, the Supreme Court will review reports submitted to it by the Child Support Advisory Commission.

Paragraph P amended effective Jan. 1, 1996; amended effective Sept. 1, 2002; amended effective July 1, 2007. Renumbered and codified as § 4-216, effective July 18, 2008.

   Application of the child support guidelines which would result in a variation by 10 percent or more, but not less than $25, upward or downward, of the current child support obligation, child care obligation, or health care obligation, due to financial circumstances which have lasted 3 months and can reasonably be expected to last for an additional 6 months, establishes a rebuttable presumption of a material change of circumstances.

Paragraph Q amended effective Jan. 1, 1996; amended effective Sept. 1, 2002. Renumbered and codified as § 4-217, effective July 18, 2008.

   A parent's support, child care, and health care obligation shall not reduce his or her net income below the minimum of $1,255 net monthly for one person, or the poverty guidelines updated annually in the Federal Register by the U.S. Department of Health and Human Services under authority of 42 U.S.C. § 9902(2), except minimum support may be ordered as defined in § 4-209.

Paragraph R (previously Paragraph Q) adopted Dec. 23, 1992; amended effective Jan. 1, 1996; amended September 25, 1996; amended March 26, 1997; amended March 18, 1998; amended April 21, 1999; amended March 15, 2000; amended April 18, 2001; amended effective Sept. 1, 2002; amended February 26, 2003; amended March 10, 2004; amended March 9, 2005; amended March 1, 2006; amended February 27, 2008. Renumbered and codified as § 4-218, effective July 18, 2008; amended February 11, 2009; amended February 9, 2011; amended February 2, 2012; amended February 13, 2013; amended February 12, 2014; amended February 11, 2015; amended February 4, 2016; amended February 8, 2017; amended January 31, 2018; amended February 6, 2019; amended January 29, 2020; amended February 10, 2021; amended January 26, 2022; amended February 16, 2023; amended January 24, 2024.

   Under no circumstances shall there be an increase in support due from the obligor solely because of an increase in the income of the obligee.

Paragraph S effective Sept. 1, 2002. Renumbered and codified as § 4-219, effective July 18, 2008.

   An obligor shall not be allowed a reduction in an existing support order solely because of the birth, adoption, or acknowledgment of subsequent children of the obligor; however, a duty to provide regular support for subsequent children may be raised as a defense to an action for an upward modification of such existing support order.

Paragraph T effective Sept. 1, 2002. Renumbered and codified as § 4-220, effective July 18, 2008.

   Final child support should be rounded to the nearest dollar in all instances.

§ 4-221 adopted July 13, 2011, effective September 1, 2011.

   If the child is residing with a third party, the court shall order each of the parents to pay to the third party their respective amounts of child support as determined by the worksheet.

§ 4-222 adopted July 13, 2011, effective September 1, 2011.

   A petition for grandparent visitation pursuant to Neb. Rev. Stat. § 43-1803 shall be so captioned and shall contain the information required by statute. In other respects, the form of the petition and the form of all subsequent pleadings shall comply with the Nebraska Rules of Pleading in Civil Actions.

Adopted June 25, 1986; amended December 11, 2002. Renumbered and codified as § 4-301, effective July 18, 2008.

   (A) An attorney to be appointed by the courts as a guardian ad litem for a juvenile in a proceeding brought under Neb. Rev. Stat. § 43-247(3)(a) of the Nebraska Juvenile Code shall have completed six (6) hours of specialized training provided or approved by the Nebraska Supreme Court Attorney Services Division (see Appendix A). Thereafter, in order to maintain eligibility to be appointed and to serve as a guardian ad litem, an attorney shall complete three (3) hours of specialized training per year as provided by the Nebraska Supreme Court Attorney Services Division. Courts shall appoint attorneys trained under this rule in all § 43-247(3)(a) cases when available; provided, however, that if the judge determines that an attorney with the training required herein is unavailable within the county, he or she may appoint an attorney without such training and the attorney must agree to complete the six-hour on-line training within thirty (30) days of the appointment.

   (B) Commencing October 20, 2014, for an attorney appointed by the court under Neb. Rev. Stat. § 43-4510, the attorney shall have training appropriate to the role of the attorney under this statute. Such training shall be provided by the Nebraska Supreme Court Attorney Services Division. If the attorney has not had the appropriate training prior to the appointment, he or she shall obtain such training within 30 days of the appointment. The Nebraska Supreme Court Attorney Services Division shall make appropriate education available on-line to satisfy the statutory requirements for education. The Nebraska Supreme Court Attorney Services Division shall maintain a list of attorneys who are current in their required training and shall make such list available to all judges with juvenile court jurisdiction.

Adopted June 28, 2006; amended April 11, 2007, effective January 1, 2008. Renumbered and codified as § 4-401, effective July 18, 2008. § 4-401 amended June 17, 2014; § 4-401 amended September 24, 2014l § 4-401 amended March 20, 2019. 

   The Nebraska Supreme Court, through the Nebraska Supreme Court Attorney Services Division, shall develop the curriculum for the initial guardian ad litem education and provide specialized on-line training for guardians ad litem at a nominal cost. The Nebraska Supreme Court Attorney Services Division may approve the rendition of an in-the-classroom version of the initial six-hour curriculum it has developed in the event an outside vendor applies to the Nebraska Supreme Court Attorney Services Division to teach such a version of the curriculum.

   The Nebraska Supreme Court Attorney Services Division shall maintain a list of attorneys who are current in their required guardian ad litem training and shall make such list available to all judges with juvenile court jurisdiction.

   In addition to offering the initial six-hour course, the Nebraska Supreme Court Attorney Services Division shall determine the course work required of the attorney subsequent to the completion of the initial course. Courses may be made available to satisfy the annual three-hour requirement through the Nebraska Supreme Court Attorney Services Division, offered at a nominal fee and hosted on its Web site. In addition, the Nebraska Supreme Court Attorney Services Division may approve courses for the annual three-hour requirement that are offered by outside vendors if the courses meet the curriculum requirements and standards created by the Nebraska Supreme Court Attorney Services Division.

   Specialized training sessions shall provide training, information, and education regarding the role, duties, and responsibilities of a guardian ad litem, which shall include, but not be limited to, the following areas:

   (A) Overview of the Juvenile Court System;

   (B) Statutory duties and authority of a guardian ad litem, including any performance standards adopted by the Nebraska Supreme Court;

   (1) Requirements of guardian ad litem report.

   (2) Instructions for preparing a guardian ad litem report.

   (3) Ethical issues and the role of a guardian ad litem.

   (C) Issues which impact or impair the functioning of families, including but not limited to:

   (1) Dynamics of child abuse and neglect;

   (2) Substance abuse and mental health issues;

   (3) Poverty, employment, and housing;

   (4) Domestic violence;

   (5) Physical, psychological, and psychiatric health issues;

   (6) Education;

   (7) Visitation and demonstration of parental skills.

   (D) Training in the techniques of gathering relevant information and resources:

   (1) Interviewing skills, regarding both children and adults;

   (2) How to obtain and interpret reports from other professionals and providers;

   (3) Inquiry into appropriateness and stability of juveniles’ placement.

   (E) Psychological aspects of children, including child development issues;

   (F) Permanency Planning: Family preservation, reunification, adoption, guardianship, another permanent planned living arrangement;

   (1) Appropriate parental-child relationship, bonding, attachment, and effects of separation and loss;

   (2) Developmental considerations: age appropriate visitation, with particular emphasis on the needs and vulnerabilities of children age 0-5.

   (G) Cultural, ethnic diversity, and gender issues;

   (H) Relevant state and federal statutes and case law;

   (I) Indian Child Welfare Act;

   (J) Legal advocacy, mediation, and negotiation skills.

Appendix A amended June 17, 2014; Appendix A amended March 20, 2019.

   The Supreme Court may appoint Judicial Hearing Officers as needed to serve on a full‑time or a part-time basis for county courts sitting as juvenile courts or for the separate juvenile courts (collectively juvenile courts). Such Judicial Hearing Officers shall serve as directed by the Supreme Court and shall receive a salary as established by the Supreme Court.

   (A) At a minimum, to be qualified for appointment as a Judicial Hearing Officer, a person shall:

   (1) Be an attorney in good standing admitted to the practice of law in the State of Nebraska for a minimum of five (5) years;

   (2) Be an attorney who has practiced before the juvenile court for a minimum of four (4) years;

   (3) Be willing to submit to personal background checks, which would include criminal history background checks, a search of the Central Registry, and a search of Sex Offender Registr(ies), and be willing to submit a Waiver of Confidentiality, a Fair Credit Reporting Act Disclosure Statement, and other similar requirements as part of the application process;

   (4) Continue to abide by the Nebraska Rules of Professional Conduct and also abide by the Nebraska Revised Code of Judicial Conduct; and

   (5) Be administered oaths by any judge of the State of Nebraska consistent with Neb. Const. art. XV, § 1, and with Neb. Rev. Stat. § 24-230.

   (B) A Judicial Hearing Officer may be removed at any time by the Supreme Court.

   (C) The appointment of a Judicial Hearing Officer shall be appointed by written order.

   Upon referral by the juvenile court, a Judicial Hearing Officer shall have the following powers and duties:

   (A) A Judicial Hearing Officer shall have the power to preside upon, hear, and determine any proceeding under the Nebraska Juvenile Code, which does not include proceedings brought under Neb. Rev. Stat. § 71-6903.

   (B) A Judicial Hearing Officer shall have the power to administer all necessary oaths, supervise pretrial preparation pursuant to the rules of discovery, grant continuances and adjournments, recommend the appointment of counsel for indigent parties, recommend the appointment of a guardian ad litem for minor children, and carry out any other duties permitted by law, the Nebraska Supreme Court Rules, or as directed by the Supreme Court.

   (C) Consistent with a Judicial Hearing Officer’s power to preside upon, hear, and determine proceedings as provided in subsection (A), the functions of a Judicial Hearing Officer shall, at a minimum, include the following:

   (1) Taking testimony and establishing and preserving a record;

   (2) Evaluating evidence, making findings of fact and/or law, making recommendations, and establishing and enforcing orders;

   (3) Issuing summons and enforcing the attendance of parties; and

   (4) Actions presided by, heard by, or determined by a Judicial Hearing Officer shall be completed in accordance with all Nebraska Supreme Court Rules, including, but not limited to, Neb. Ct. R. § 6-104.

   (D) If any proceeding involves complex issues which requires judicial resolution, the Judicial Hearing Officer, after consultation with and permission from the county or juvenile judge (judge), may transfer the matter back to the judge, or the judge may transfer the case back to his or her docket at his or her discretion.

   The parties or their attorneys shall have the right to take exceptions to the findings and/or recommendations made by the Judicial Hearing Officer and to have a further hearing before such juvenile court for final disposition. The following procedure shall be utilized for exception hearings:

   (A) A hearing before a Judicial Hearing Officer shall be conducted in the same manner as a hearing before the juvenile court. Testimony in such matters shall be preserved by digital recording or other prescribed means and shall be in accordance with prescribed standards. Transcriptions of all hearings shall be available upon request, and all costs of preparing the transcription shall be paid by the party for whom it is prepared.

   (B) Upon the hearing of a matter, the Judicial Hearing Officer shall prepare in writing his or her findings and recommendations, and shall submit a report to the juvenile court containing findings of fact and law as well as recommendations.

   (C) Upon receiving the findings and recommendations from the Judicial Hearing Officer and when no exception is filed, the juvenile court shall review the report of the Judicial Hearing Officer de novo on the record, and in the juvenile court’s discretion, the juvenile court may approve, modify, or reject the recommendations of the Judicial Hearing Officer and make its own determinations and enter judgment based thereon. Any statutory right of appeal or rehearing shall remain reserved to all parties.

   (D) The parties shall have the right to take exception to the findings and recommendations of the Judicial Hearing Officer within seven (7) days and to have a hearing by the juvenile court before final disposition. Upon receiving the findings and recommendations, the juvenile court shall have the discretion to allow the presentation of new or additional evidence, and at the conclusion of the hearing, the juvenile court has the discretion to approve, modify, or reject the recommendations of the Judicial Hearing Officer and make its own determinations and enter judgment based thereon. Any statutory rights of appeal or rehearing shall remain reserved to all parties.

   (E) Upon filing the notice of exception with the clerk of the court from which the exception is being taken, the petitioner shall also file with that juvenile court a request directing the clerk to prepare a transcript, with the petitioner identifying the pleading or document to be included in the transcript by listing the name of the pleading or document and its date of filing. The petitioner shall also request the court reporting personnel to make or have made an expedited audio file and/or a verbatim record of the hearing(s) from which an exception is being made.

   (F) To be enforceable, the Judicial Hearing Officer’s recommendations must be entered as an order by a judge.

   (G) The parties must be provided a copy of the recommendation of the Judicial Hearing Officer and the approved order by the juvenile court.

   Judicial Hearing Officer shall complete continuing judicial branch education consistent with Neb. Ct. R. § 1-503 and shall participate in additional training as directed by the Supreme Court. Said additional training could include education that pertains to juvenile court practice and procedure, juvenile court appellate issues, family dynamics, substance abuse evaluations and treatment for parents and minor children, domestic abuse within the family, juvenile and family strength-based training, truancy, family poverty issues, roles of the parties in juvenile court, and other issues as deemed appropriate by the Supreme Court.