Nebraska Statutes 43-3710. Appointment of volunteer; procedure
(1) A judge may appoint a court appointed special advocate volunteer in any proceeding brought pursuant to section 43-247 or 43-292 when, in the opinion of the judge, a child who may be affected by such proceeding requires services that a volunteer can provide and the court finds that the appointment is in the best interests of the child.
Terms Used In Nebraska Statutes 43-3710
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Child: means an individual under nineteen years of age. See Nebraska Statutes 43-3703
- Court appointed special advocate program: means a program established pursuant to the Court Appointed Special Advocate Act. See Nebraska Statutes 43-3704
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) A volunteer shall be appointed pursuant to a court order. The court order shall specify the volunteer as a friend of the court acting on the authority of the judge. The volunteer acting as a friend of the court may offer as evidence a written report with recommendations consistent with the best interests of the child, subject to all pertinent objections.
(3) A memorandum of understanding between a court and a court appointed special advocate program is required in any county where a program is established and shall set forth the roles and responsibilities of the court appointed special advocate volunteer.
(4) The volunteer’s appointment shall conclude:
(a) When the court’s jurisdiction over the child terminates;
(b) Upon discharge by the court on its own motion;
(c) With the approval of the court, at the request of the program director of the court appointed special advocate program to which the volunteer is assigned; or
(d) Upon successful motion of a party to the action for the removal of the volunteer because the party believes the volunteer has acted inappropriately, is unqualified, or is unsuitable for the appointment.