US Laws, Codes, Statutes & Cases

      38-1531.   Pleadings. (a) Filing of petition. An action pursuant to this code is commenced by the filing of a petition with the clerk of the district court.

      (b)   Contents of petition. (1) The petition shall state, if known:

      (A)   The name, date of birth and residence address of the child;

      (B)   the name and residence address of the child's parents;

      (C)   the name and residence address of any persons having custody or control of the child, or the nearest known relative if no parent can be found; and

      (D)   plainly and concisely in the language of the statutory definition, the basis for requesting that the court assume jurisdiction over the child.

      (2)   The petition shall also state the specific facts which are relied upon to support the allegation referred to in the preceding paragraph including any known dates, times and locations.

      (3)   The proceedings shall be entitled: "In the Interest of ______________."

      (4)   The petition shall contain a request that the court find the child to be a child in need of care.

      (5)   The petition shall contain a request that the parent or parents be ordered to pay child support. The request for child support may be omitted with respect to a parent already ordered to pay child support for the child and shall be omitted with respect to one or both parents upon written request of the secretary.

      (6)   If the petition requests removal of the child from the child's home, the petition shall specify the efforts known to the petitioner to maintain the family unit and prevent the unnecessary removal of the child from the child's home, or shall specify the facts supporting that an emergency exists which threatens the safety of the child.

      (7)   If the petition requests custody of the child to the secretary, the petition shall specify the facts supporting that allowing the child to remain in the home would be contrary to the welfare of the child or that placement is in the best interests of the child.

      (c)   Motions. Motions may be made orally or in writing. The motion shall state with particularity the grounds for the motion and shall state the relief or order sought.

      History:   L. 1982, ch. 182, § 27; L. 1992, ch. 312, § 5; L. 2000, ch. 150, § 7; June 1.