reglab/housing_qa huggingface dataset:
NE Code § 43-248 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-248 - Temporary custody of juvenile without warrant; when.

43-248.  Temporary custody of juvenile without warrant; when.A peace officer may take a juvenile into temporary custody without a warrant or order of the court and proceed as provided in section 43-250 when:(1) A juvenile has violated a state law or municipal ordinance and such juvenile was eleven years of age or older at the time of the violation, and the officer has reasonable grounds to believe such juvenile committed such violation and was eleven years of age or older at the time of the violation;(2) A juvenile is seriously endangered in his or her surroundings and immediate removal appears to be necessary for the juvenile's protection;(3) The officer believes the juvenile to be mentally ill and dangerous as defined in section 71-908 and that the harm described in that section is likely to occur before proceedings may be instituted before the juvenile court;(4) The officer has reasonable grounds to believe that the juvenile has run away from his or her parent, guardian, or custodian;(5) A probation officer has reasonable cause to believe that a juvenile is in violation of probation and that the juvenile will attempt to leave the jurisdiction or place lives or property in danger;(6) The officer has reasonable grounds to believe the juvenile is truant from school;(7) The officer has reasonable grounds to believe the juvenile is immune from prosecution for prostitution under subsection (5) of section 28-801; or(8) A juvenile has committed an act or engaged in behavior described in subdivision (1), (2), (3)(b), or (4) of section 43-247 and such juvenile was under eleven years of age at the time of such act or behavior, and the officer has reasonable cause to believe such juvenile committed such act or engaged in such behavior and was under eleven years of age at such time.Source   Laws 1981, LB 346, § 4;   Laws 1997, LB 622, § 64;  Laws 2004, LB 1083, § 93;  Laws 2010, LB800, § 14;  Laws 2013, LB255, § 10;  Laws 2016, LB894, § 3;  Laws 2018, LB670, § 1.  Annotations  Although subsection (3) of this section allows the State to take a juvenile into custody without a warrant or order of the court when it appears the juvenile is seriously endangered in his or her surroundings and immediate removal appears to be necessary for the juvenile's protection, the parent retains a liberty interest in the continuous custody of his or her child. In re Interest of Mainor T. & Estela T., 267 Neb. 232, 674 N.W.2d 442 (2004). When a juvenile is taken into temporary custody pursuant to subsection (5) of this section, a peace officer may conduct a search incident to temporary detention. In re Interest of Jabreco G., 12 Neb. App. 667, 683 N.W.2d 386 (2004). When a juvenile is taken into temporary custody pursuant to this section, the peace officer may conduct a search incident to temporary detention. In re Interest of Adrian B., 11 Neb. App. 656, 658 N.W.2d 722 (2003).
NE Code § 43-248.01 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-248.01 - Juvenile in custody; right to call or consult an attorney.

43-248.01.  Juvenile in custody; right to call or consult an attorney.All law enforcement personnel or other governmental officials having custody of any person under eighteen years of age shall inform the person in custody, using developmentally appropriate language and without unnecessary delay, of such person's right to call or consult an attorney who is retained by or appointed on behalf of such person or whom the person may desire to consult and, except when exigent circumstances exist, shall permit such person to call or consult such attorney without delay. An attorney shall be permitted to see and consult with the person in custody alone and in private at the place of custody.Source   Laws 1993, LB 652, § 1;  Laws 2016, LB894, § 4.
NE Code § 43-248.02 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-248.02 - Juvenile offender civil citation pilot program; peace officer issue civil citation; contents; advisement; peace officer; duties; juvenile report to juvenile assessment center; failure to comply; effect.

43-248.02.  Juvenile offender civil citation pilot program; peace officer issue civil citation; contents; advisement; peace officer; duties; juvenile report to juvenile assessment center; failure to comply; effect.A juvenile offender civil citation pilot program as provided in this section and section 43-248.03 may be undertaken by the peace officers and county and city attorneys of a county containing a city of the metropolitan class. The pilot program shall be according to the following procedures:(1) A peace officer, upon making contact with a juvenile whom the peace officer has reasonable grounds to believe has committed a misdemeanor offense, other than an offense involving a firearm, sexual assault, or domestic violence, may issue the juvenile a civil citation;(2) The civil citation shall include: The juvenile's name, address, school of attendance, and contact information; contact information for the juvenile's parents or guardian; a description of the misdemeanor offense believed to have been committed; the juvenile assessment center where the juvenile cited is to appear within seventy-two hours after the issuance of the civil citation; and a warning that failure to appear in accordance with the command of the civil citation or failure to provide the information necessary for the peace officer to complete the civil citation will result in the juvenile being taken into temporary custody as provided in sections 43-248 and 43-250;(3) At the time of issuance of a civil citation by the peace officer, the peace officer shall advise the juvenile that the juvenile has the option to refuse the civil citation and be taken directly into temporary custody as provided in sections 43-248 and 43-250. The option to refuse the civil citation may be exercised at any time prior to compliance with any services required pursuant to subdivision (5) of this section;(4) Upon issuing a civil citation, the peace officer shall provide or send a copy of the civil citation to the appropriate county attorney, the juvenile assessment center, and the parents or guardian of the juvenile;(5) The juvenile shall report to the juvenile assessment center as instructed by the citation. The juvenile assessment center may require the juvenile to participate in community service or other available services appropriate to the needs of the juvenile identified by the juvenile assessment center which may include family counseling, urinalysis monitoring, or substance abuse and mental health treatment services; and(6) If the juvenile fails to comply with any services required pursuant to subdivision (5) of this section or if the juvenile is issued a third or subsequent civil citation, a peace officer shall take the juvenile into temporary custody as provided in sections 43-248 and 43-250.Source Laws 2010, LB800, § 10.
NE Code § 43-248.03 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-248.03 - Civil citation form.

43-248.03.  Civil citation form.To achieve uniformity, the Supreme Court shall prescribe the form of a civil citation which conforms to the requirements for a civil citation in section 43-248.02 and such other matter as the court deems appropriate. The civil citation shall not include a place for the cited juvenile's social security number.Source Laws 2010, LB800, § 11.
NE Code § 43-249 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-249 - Temporary custody; not an arrest; exception.

43-249.  Temporary custody; not an arrest; exception.No juvenile taken into temporary custody under section 43-248 shall be considered to have been arrested, except for the purpose of determining the validity of such custody under the Constitution of Nebraska or the United States.Source   Laws 1981, LB 346, § 5;   Laws 1982, LB 787, § 3.
NE Code § 43-251 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-251 - Preadjudication placement or detention; mental health placement; prohibitions.

43-251.  Preadjudication placement or detention; mental health placement; prohibitions.(1) When a juvenile is taken into custody pursuant to sections 43-248 and 43-250, the court or magistrate may take any action for preadjudication placement or detention prescribed in the Nebraska Juvenile Code.(2) Any juvenile taken into custody under the Nebraska Juvenile Code for allegedly being mentally ill and dangerous shall not be placed in a staff secure juvenile facility, jail, or detention facility designed for juveniles who are accused of criminal acts or for juveniles as described in subdivision (1), (2), or (4) of section 43-247 either as a temporary placement by a peace officer, as a temporary placement by a court, or as an adjudication placement by the court.Source   Laws 1981, LB 346, § 7;   Laws 1985, LB 447, § 15;   Laws 1997, LB 622, § 66;   Laws 1998, LB 1073, § 14;  Laws 2013, LB561, § 9.
NE Code § 43-251.02 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-251.02 - Reference to clinically credentialed community-based provider.

43-251.02.  Reference to clinically credentialed community-based provider.A peace officer, upon making contact with a child who is in need of assistance, may refer the child and child's parent or parents or guardian to a clinically credentialed community-based provider for immediate crisis intervention, de-escalation, and respite care services.Source  Laws 2015, LB482, § 2;  Laws 2018, LB670, § 4.
NE Code § 43-251.03 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-251.03 - Limitation on use of restraints; written findings.

43-251.03.  Limitation on use of restraints; written findings.(1) Restraints shall not be used on a juvenile during a juvenile court proceeding and shall be removed prior to the juvenile's appearance before the juvenile court, unless the juvenile court makes a finding of probable cause that:(a) The use of restraints is necessary:(i) To prevent physical harm to the juvenile or another person;(ii) Because the juvenile:(A) Has a history of disruptive courtroom behavior that has placed others in potentially harmful situations; or(B) Presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; or(iii) Because the juvenile presents a substantial risk of flight from the courtroom; and(b) There is no less restrictive alternative to restraints that will prevent flight or physical harm to the juvenile or another person, including, but not limited to, the presence of court personnel, law enforcement officers, or bailiffs.(2) The court shall provide the juvenile's attorney an opportunity to be heard before the court orders the use of restraints. If restraints are ordered, the court shall make written findings of fact in support of the order.(3) For purposes of this section, restraints includes, but is not limited to, handcuffs, chains, irons, straitjackets, and electronic restraint devices.Source Laws 2015, LB482, § 3.
NE Code § 43-252 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-252 - Fingerprints; when authorized; disposition.

43-252.  Fingerprints; when authorized; disposition.(1) The fingerprints of any juvenile less than fourteen years of age, who has been taken into custody in the investigation of a suspected unlawful act, shall not be taken unless the consent of any district, county, associate county, associate separate juvenile court, or separate juvenile court judge has first been obtained.(2) The fingerprints of any juvenile alleged or found to be a juvenile as described in subdivision (3)(b) of section 43-247 shall not be taken.(3) If the judge permits the fingerprinting, the fingerprints must be filed by law enforcement officers in files kept separate from those of persons of the age of majority.(4) The fingerprints of any juvenile shall not be sent to a state or federal depository by a law enforcement agency of this state unless: (a) The juvenile has been convicted of or adjudged to have committed a felony; (b) the juvenile has unlawfully terminated his or her commitment to a youth rehabilitation and treatment center; or (c) the juvenile is a runaway and a fingerprint check is needed for identification purposes to return the juvenile to his or her parent.Source   Laws 1981, LB 346, § 8;   Laws 1982, LB 787, § 5;   Laws 1994, LB 988, § 19;  Laws 2015, LB482, § 4.
NE Code § 43-254.01 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-254.01 - Temporary mental health placement; evaluation; procedure.

43-254.01.  Temporary mental health placement; evaluation; procedure.(1) Any time a juvenile is temporarily placed at a mental health facility pursuant to subsection (3) of section 43-250 or by a court as a juvenile who is mentally ill and dangerous, a mental health professional as defined in section 71-906 shall evaluate the mental condition of the juvenile as soon as reasonably possible but not later than thirty-six hours after the juvenile's admission, unless the juvenile was evaluated by a mental health professional immediately prior to the juvenile being placed in temporary custody and the temporary custody is based upon the conclusions of that evaluation. The mental health professional who performed the evaluation prior to the temporary custody or immediately after the temporary custody shall, without delay, convey the results of his or her evaluation to the county attorney.(2) If it is the judgment of the mental health professional that the juvenile is not mentally ill and dangerous or that the harm described in section 71-908 is not likely to occur before the matter may be heard by a juvenile court, the mental health professional shall immediately notify the county attorney of that conclusion and the county attorney shall either proceed to hearing before the court within twenty-four hours or order the immediate release of the juvenile from temporary custody. Such release shall not prevent the county attorney from proceeding on the petition if he or she so chooses.(3) A juvenile taken into temporary protective custody under subsection (3) of section 43-250 shall have the opportunity to proceed to adjudication hearing within seven days unless the matter is continued. Continuances shall be liberally granted at the request of the juvenile, his or her guardian ad litem, attorney, parents, or guardian. Continuances may be granted to permit the juvenile an opportunity to obtain voluntary treatment.Source   Laws 1997, LB 622, § 67;  Laws 2004, LB 1083, § 95;  Laws 2010, LB800, § 18.
NE Code § 43-254.02 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-254.02 - Temporary detention rules and regulations; Nebraska Commission on Law Enforcement and Criminal Justice; duties.

43-254.02.  Temporary detention rules and regulations; Nebraska Commission on Law Enforcement and Criminal Justice; duties.The Nebraska Commission on Law Enforcement and Criminal Justice shall adopt, promulgate, and implement rules and regulations to harmonize state and federal law on the temporary detention of juveniles.Source  Laws 1998, LB 1073, § 18.
NE Code § 43-255 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-255 - Detention or placement; release required; exceptions.

43-255.  Detention or placement; release required; exceptions.Whenever a juvenile is detained or placed in an alternative to detention infringing upon the child's liberty interest under section 43-250 or 43-253, the juvenile shall be released unconditionally within forty-eight hours after the detention or placement order or the setting of bond, excluding nonjudicial days, unless within such period of time (1) a motion has been filed alleging that such juvenile has violated an order of the juvenile court, (2) a juvenile court petition has been filed pursuant to section 43-274, or (3) a criminal complaint has been filed in a court of competent jurisdiction.Source   Laws 1981, LB 346, § 11;   Laws 1982, LB 787, § 7;   Laws 1987, LB 635, § 2;   Laws 1998, LB 1073, § 16;  Laws 2014, LB464, § 12;  Laws 2016, LB894, § 8.
NE Code § 43-256 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-256 - Continued placement, detention, or alternative to detention; probable cause hearing; release requirements; exceptions.

43-256.  Continued placement, detention, or alternative to detention; probable cause hearing; release requirements; exceptions.When the court enters an order continuing placement, detention, or an alternative to detention infringing upon the juvenile's liberty interest pursuant to section 43-253, upon request of the juvenile, or his or her parent, guardian, or attorney, the court shall hold a hearing within forty-eight hours, at which hearing the burden of proof shall be upon the state to show probable cause that such juvenile is within the jurisdiction of the court. Strict rules of evidence shall not apply at the probable cause hearing. The juvenile shall be released if probable cause is not shown. At the option of the court, it may hold the adjudication hearing provided in section 43-279 as soon as possible instead of the probable cause hearing if held within a reasonable period of time. This section and section 43-255 shall not apply to a juvenile (1) who has escaped from a commitment or (2) who has been taken into custody for his or her own protection as provided in subdivision (2) of section 43-248 in which case the juvenile shall be held on order of the court with jurisdiction for a reasonable period of time.Source   Laws 1981, LB 346, § 12;   Laws 1982, LB 787, § 8;   Laws 1998, LB 1073, § 17;  Laws 2006, LB 1113, § 38;  Laws 2010, LB800, § 19;  Laws 2016, LB894, § 9.
NE Code § 43-257 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-257 - Unlawful detention or placement; penalty.

43-257.  Unlawful detention or placement; penalty.Any person who knowingly holds a juvenile in detention or placement in violation of any of the provisions of section 43-255 or 43-256 shall be guilty of a Class III misdemeanor.Source  Laws 1981, LB 346, § 13.
NE Code § 43-259 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-259 - Evaluation; motion for release of juvenile in custody.

43-259.  Evaluation; motion for release of juvenile in custody.The juvenile, his or her attorney, parent, guardian, or custodian may file a motion to release the juvenile from custody and request a hearing after the initial commitment order for evaluation provided in section 43-258 is entered. Pending the hearing on such application, the juvenile shall remain in custody in such manner as the court determines to be in the best interests of the juvenile, taking into account the results of a standardized juvenile detention screening instrument as provided in section 43-260.01.Source   Laws 1981, LB 346, § 15;  Laws 2000, LB 1167, § 17.
NE Code § 43-260 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-260 - Standardized juvenile detention screening instrument.

43-260.  Standardized juvenile detention screening instrument.The Office of Probation Administration shall prepare and distribute to probation officers a standardized juvenile detention screening instrument. The types of risk factors to be included as well as the format of this standardized juvenile detention screening instrument shall be determined by the office. The standardized juvenile detention screening instrument shall be used as an assessment tool statewide by probation officers under section 43-260.01 in order to determine if detention of the juvenile is necessary and, if so, whether detention or an alternative to detention is indicated. Probation officers trained to administer the juvenile detention screening instrument shall act as juvenile intake probation officers. Only duly trained probation officers shall be authorized to administer the juvenile detention screening instrument.Source  Laws 2000, LB 1167, § 13;  Laws 2001, LB 451, § 7;  Laws 2004, LB 940, § 1;  Laws 2016, LB894, § 10.
NE Code § 43-260.01 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-260.01 - Detention; factors.

43-260.01.  Detention; factors.The need for preadjudication placement, services, or supervision and the need for detention of a juvenile and whether detention or an alternative to detention is indicated shall be subject to subdivision (5) of section 43-251.01 and shall be determined as follows:(1) The standardized juvenile detention screening instrument shall be used to evaluate the juvenile;(2) If the results indicate that detention is not required, the juvenile shall be released without restriction or released to an alternative to detention; and(3) If the results indicate that detention is required, detention shall be pursued.Source  Laws 2000, LB 1167, § 14;  Laws 2013, LB561, § 13;  Laws 2016, LB894, § 11;  Laws 2018, LB670, § 6.
NE Code § 43-260.02 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-260.02 - Juvenile pretrial diversion program; authorized.

43-260.02.  Juvenile pretrial diversion program; authorized.A county attorney may establish a juvenile pretrial diversion program with the concurrence of the county board. If the county is part of a multicounty juvenile services plan under the Nebraska County Juvenile Services Plan Act, the county attorney may establish a juvenile pretrial diversion program in conjunction with other county attorneys from counties that are a part of such multicounty plan. A city attorney may establish a juvenile pretrial diversion program with the concurrence of the governing body of the city. Such programs shall meet the requirements of sections 43-260.02 to 43-260.07.Source Laws 2003, LB 43, § 1. Cross References  Nebraska County Juvenile Services Plan Act, see section 43-3501.
NE Code § 43-260.03 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-260.03 - Juvenile pretrial diversion program; goals.

43-260.03.  Juvenile pretrial diversion program; goals.The goals of a juvenile pretrial diversion program are:(1) To provide eligible juvenile offenders with an alternative program in lieu of adjudication through the juvenile court;(2) To reduce recidivism among diverted juvenile offenders;(3) To reduce the costs and caseload burdens on the juvenile justice system and the criminal justice system; and(4) To promote the collection of restitution to the victim of the juvenile offender's crime.Source Laws 2003, LB 43, § 2.