43-263. Issuance of process; summons.

Upon the filing of the petition, a summons with a copy of the petition attached shall issue requiring the person who has custody of the juvenile or with whom the juvenile may be staying to appear personally and, unless the court orders otherwise, to bring the juvenile before the court at the time and place stated. Service of the summons shall be effected not less than seventy-two hours prior to the hearing set therein, except that service may be waived by the parties. Every summons sent shall comply with the Nebraska Indian Child Welfare Act, if applicable.

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When a child’s unmarried but known adjudicated or biological father has provided regular and substantial financial support for his child and the State initiates juvenile proceedings for abuse, neglect, or dependency, due process requires the State to notify the father of the proceedings. In that circumstance, the State must comply with the notification procedures that are statutorily required for other noncustodial parents—before the dispositional phase. This section and section 43-265 cannot be constitutionally applied to avoid this notification. But if the State shows that an unmarried, biological father’s whereabouts are unknown and that he has not supported his child, then he is not a parent entitled to notice and an opportunity to be heard in a juvenile proceeding involving his child born out of wedlock. Michael E. v. State, 286 Neb. 532, 839 N.W.2d 542 (2013).