reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-810 - Division; community-based behavioral health services; duties; reduce or discontinue regional center behavioral health services; powers and duties.

71-810.
Division; community-based behavioral health services; duties; reduce or discontinue regional center behavioral health services; powers and duties.
(1) The division shall encourage and facilitate the statewide development and provision of an appropriate array of community-based behavioral health services and continuum of care for the purposes of (a) providing greater access to such services and improved outcomes for consumers of such services and (b) reducing the necessity and demand for regional center behavioral health services.
(2) The division may reduce or discontinue regional center behavioral health services only if (a) appropriate community-based services or other regional center behavioral health services are available for every person receiving the regional center services that would be reduced or discontinued, (b) such services possess sufficient capacity and capability to effectively replace the service needs which otherwise would have been provided at such regional center, and (c) no further commitments, admissions, or readmissions for such services are required due to the availability of community-based services or other regional center services to replace such services.
(3) The division shall notify the Governor and the Legislature of any intended reduction or discontinuation of regional center services under this section. The notification submitted to the Legislature shall be submitted electronically. Such notice shall include detailed documentation of the community-based services or other regional center services that are being utilized to replace such services.
(4) As regional center services are reduced or discontinued under this section, the division shall make appropriate corresponding reductions in regional center personnel and other expenditures related to the provision of such services. All funding related to the provision of regional center services that are reduced or discontinued under this section shall be reallocated and expended by the division for purposes related to the statewide development and provision of community-based services.
(5) The division may establish state-operated community-based services to replace regional center services that are reduced or discontinued under this section. The division shall provide regional center employees with appropriate training and support to transition such employees into positions as may be necessary for the provision of such state-operated services.
(6) The provisions of this section are self-executing and require no further authorization or other enabling legislation.
Source
Laws 2004, LB 1083, § 10;
Laws 2005, LB 551, § 3;
Laws 2008, LB928, § 17;
Laws 2009, LB154, § 18;
Laws 2012, LB782, § 105;
Laws 2017, LB417, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-811 - Division; funding; powers and duties.

71-811.
Division; funding; powers and duties.
The division shall coordinate the integration and management of all funds appropriated by the Legislature or otherwise received by the department from any other public or private source for the provision of behavioral health services to ensure the statewide availability of an appropriate array of community-based behavioral health services and continuum of care and the allocation of such funds to support the consumer and his or her plan of treatment.
Source
Laws 2004, LB 1083, § 11;
Laws 2007, LB296, § 458.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-814 - State Advisory Committee on Mental Health Services; created; members; duties.

71-814.
State Advisory Committee on Mental Health Services; created; members; duties.
(1) The State Advisory Committee on Mental Health Services is created. Members of the committee shall have a demonstrated interest and commitment and specialized knowledge, experience, or expertise relating to the provision of mental health services in the State of Nebraska. The committee shall consist of twenty-three members appointed by the Governor as follows: (a) One regional governing board member, (b) one regional administrator, (c) twelve consumers of behavioral health services or their family members, (d) two providers of behavioral health services, (e) two representatives from the State Department of Education, including one representative from the Division of Vocational Rehabilitation of the State Department of Education, (f) three representatives from the Department of Health and Human Services representing mental health, social services, and medicaid, (g) one representative from the Nebraska Commission on Law Enforcement and Criminal Justice, and (h) one representative from the Housing Office of the Community and Rural Development Division of the Department of Economic Development.
(2) The committee shall be responsible to the division and shall (a) serve as the state's mental health planning council as required by Public Law 102-321, (b) conduct regular meetings, (c) provide advice and assistance to the division relating to the provision of mental health services in the State of Nebraska, including, but not limited to, the development, implementation, provision, and funding of organized peer support services, (d) promote the interests of consumers and their families, including, but not limited to, their inclusion and involvement in all aspects of services design, planning, implementation, provision, education, evaluation, and research, (e) provide reports as requested by the division, and (f) engage in such other activities as directed or authorized by the division.
Source
Laws 2004, LB 1083, § 14;
Laws 2006, LB 994, § 93;
Laws 2007, LB296, § 460.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-815 - State Advisory Committee on Substance Abuse Services; created; members; duties.

71-815.
State Advisory Committee on Substance Abuse Services; created; members; duties.
(1) The State Advisory Committee on Substance Abuse Services is created. Members of the committee shall have a demonstrated interest and commitment and specialized knowledge, experience, or expertise relating to the provision of substance abuse services in the State of Nebraska. The committee shall consist of twelve members appointed by the Governor and shall include at least three consumers of substance abuse services.
(2) The committee shall be responsible to the division and shall (a) conduct regular meetings, (b) provide advice and assistance to the division relating to the provision of substance abuse services in the State of Nebraska, (c) promote the interests of consumers and their families, (d) provide reports as requested by the division, and (e) engage in such other activities as directed or authorized by the division.
Source
Laws 2004, LB 1083, § 15;
Laws 2005, LB 551, § 5;
Laws 2006, LB 994, § 94.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-821 - Children and Family Behavioral Health Support Act; act, how cited.

71-821.
Children and Family Behavioral Health Support Act; act, how cited.
Sections 71-821 to 71-826 shall be known and may be cited as the Children and Family Behavioral Health Support Act.
Source
Laws 2009, LB603, § 5;
Laws 2015, LB8, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-822 - Children and Family Support Hotline; establishment.

71-822.
Children and Family Support Hotline; establishment.
No later than January 1, 2010, the department shall establish a Children and Family Support Hotline which shall:
(1) Be a single point of access for children's behavioral health triage through the operation of a twenty-four-hour-per-day, seven-day-per-week telephone line;
(2) Be administered by the division and staffed by trained personnel under the direct supervision of a qualified mental health, behavioral health, or social work professional engaged in activities of mental health treatment;
(3) Provide screening and assessment;
(4) Provide referral to existing community-based resources; and
(5) Be evaluated. The evaluation shall include, but not be limited to, the county of the caller, the reliability and consistency of the information given, an analysis of services needed or requested, and the degree to which the caller reports satisfaction with the referral service.
Source
Laws 2009, LB603, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-823 - Family Navigator Program; establishment; evaluation.

71-823.
Family Navigator Program; establishment; evaluation.
(1) No later than January 1, 2010, the department shall establish a Family Navigator Program to respond to children's behavioral health needs. The program shall be administered by the division and consist of individuals trained and compensated by the department who, at a minimum, shall:
(a) Provide peer support; and
(b) Provide connection to existing services, including the identification of community-based services.
(2) The Family Navigator Program shall be evaluated. The evaluation shall include, but not be limited to, an assessment of the quality of the interactions with the program and the effectiveness of the program as perceived by the family, whether the family followed through with the referral recommendations, the availability and accessibility of services, the waiting time for services, and cost and distance factors.
Source
Laws 2009, LB603, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-824 - Post-adoption and post-guardianship case management services; notice; administration; evaluation.

71-824.
Post-adoption and post-guardianship case management services; notice; administration; evaluation.
No later than January 1, 2010, the department shall provide post-adoption and post-guardianship case management services for adoptive and guardianship families of former state wards on a voluntary basis. The department shall notify adoptive parents and guardians of the availability of such services and the process to access such services and that such services are provided on a voluntary basis. Notification shall be in writing and shall be provided at the time of finalization of the adoption agreement or completion of the guardianship and each six months thereafter until dissolution of the adoption, until termination of the guardianship, until the former state ward attains nineteen years of age, or until extended guardianship assistance payments and medical care are terminated pursuant to section 43-4511, whichever is earlier. Post-adoption and post-guardianship case management services under this section shall be administered by the Division of Children and Family Services and shall be evaluated. The evaluation shall include, but not be limited to, the number and percentage of persons receiving such services and the degree of problem resolution reported by families receiving such services.
Source
Laws 2009, LB603, § 8;
Laws 2014, LB908, § 9;
Laws 2015, LB243, § 25.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-826 - Legislative intent regarding appropriations; allocation.

71-826.
Legislative intent regarding appropriations; allocation.
It is the intent of the Legislature to appropriate from the General Fund five hundred thousand dollars for fiscal year 2009-10 and one million dollars for fiscal year 2010-11 to the Department of Health and Human Services — Behavioral Health, Program 38, Behavioral Health Aid, for behavioral health services for children under the Nebraska Behavioral Health Services Act, including, but not limited to, the expansion of the Professional Partner Program and services provided using a sliding-fee schedule. General Funds appropriated pursuant to this section shall be excluded from the calculation of county matching funds under subsection (3) of section 71-808, shall be allocated to the regional behavioral health authorities, and shall be distributed based on the 2008 allocation formula. For purposes of this section, children means Nebraska residents under nineteen years of age.
Source
Laws 2009, LB603, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-828 - Behavioral Health Workforce Act; act, how cited.

71-828.
Behavioral Health Workforce Act; act, how cited.
Sections 71-828 to 71-830 shall be known and may be cited as the Behavioral Health Workforce Act.
Source
Laws 2009, LB603, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-829 - Legislative findings and declarations.

71-829.
Legislative findings and declarations.
The Legislature hereby finds and declares that:
(1) Ninety-five percent of counties in Nebraska are classified as behavioral health profession shortage areas by the federal Health Resources and Services Administration and the Nebraska Department of Health and Human Services;
(2) There are severe behavioral health workforce shortages in rural and underserved areas of the state which negatively impact access to appropriate behavioral health services for Nebraska residents; and
(3) Nebraska must act to address immediate needs and implement long-term strategies to alleviate education, recruitment, and retention challenges in the behavioral health field.
Source
Laws 2009, LB603, § 13;
Laws 2022, LB1068, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-832 - Certified Community Behavioral Health Clinic Act; act, how cited.

71-832.
Certified Community Behavioral Health Clinic Act; act, how cited.
Sections 71-832 to 71-837 shall be known and may be cited as the Certified Community Behavioral Health Clinic Act.
Source
Laws 2023, LB276, § 2.
Effective Date: May 26, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-833 - Legislative intent.

71-833.
Legislative intent.
The intent of the Legislature is to increase access to mental health and substance use treatment and expand capacity for comprehensive, holistic services, respond to local needs, incorporate evidence-based practices, and establish care coordination as a linchpin for service delivery including effective community partnerships with law enforcement, schools, hospitals, primary care providers, and public and private service organizations to improve care, reduce recidivism, and address health disparities.
Source
Laws 2023, LB276, § 3.
Effective Date: May 26, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-834 - Terms, defined.

71-834.
Terms, defined.
For purposes of the Certified Community Behavioral Health Clinic Act:
(1) Certified community behavioral health clinic means a nonprofit organization, a unit of the local behavioral health authority, an entity operated under authority of the Indian Health Service, an Indian tribe, or tribal organization pursuant to a contract, grant, cooperative agreement, or compact with the Indian Health Service pursuant to the Indian Self-Determination and Education Assistance Act of 1975, or an entity that is an urban Indian organization pursuant to a grant or contract with the Indian Health Service under Title V of the Indian Health Care Improvement Act, Public Law 94-437, providing community-based mental health and substance use health services that are nationally accredited that:
(a) Meet the federal certification criteria of the federal Protecting Access to Medicare Act of 2014 or a state certification system for certified community behavioral health clinics to be established by the department and which shall be substantially equivalent to the federal Protecting Access to Medicare Act of 2014; and
(b) Provide, at a minimum, the following community-based services either directly or indirectly through formal referral relationships with other providers:
(i) Outpatient mental health and substance use services;
(ii) Crisis mental health services;
(iii) Screening, assessment, and diagnosis, including risk assessments;
(iv) Person-centered treatment planning;
(v) Outpatient clinic primary care screening and monitoring of key health indicators and health risks;
(vi) Targeted case management;
(vii) Psychiatric rehabilitation services;
(viii) Peer support and counselor services and family supports; and
(ix) Community-based mental health care for members of the armed forces and veterans consistent with minimum clinical mental health guidelines promulgated by the Veterans Health Administration; and
(2) Prospective payment system means a daily or monthly medicaid payment methodology that allows providers to be reimbursed based on anticipated costs of providing required services to persons enrolled in medicaid.
Source
Laws 2023, LB276, § 4.
Effective Date: May 26, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-835 - Prospective payment system; medicaid state plan amendment; development and implementation.

71-835.
Prospective payment system; medicaid state plan amendment; development and implementation.
(1) The department shall develop a prospective payment system under the medical assistance program for funding certified community behavioral health clinics. Such system shall permit either daily or monthly payment rates.
(2) The department shall submit to the federal Centers for Medicare and Medicaid Services any approval request necessary for a medicaid state plan amendment to implement this section.
(3) Subject to such approval, such prospective payment system shall be implemented before January 1, 2026.
(4) The department shall solicit input from current certified community behavioral health clinics during the development of the medicaid state plan amendment.
Source
Laws 2023, LB276, § 5.
Effective Date: May 26, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-837 - Appropriations; legislative intent.

71-837.
Appropriations; legislative intent.
It is the intent of the Legislature to appropriate no more than four million five hundred thousand dollars annually beginning in fiscal year 2025-26 from the General Fund for the purpose of the Certified Community Behavioral Health Clinic Act.
Source
Laws 2023, LB276, § 7.
Effective Date: May 26, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-901 - Act, how cited.

71-901.
Act, how cited.
Sections 71-901 to 71-963 shall be known and may be cited as the Nebraska Mental Health Commitment Act.
Source
Laws 1976, LB 806, § 89;
Laws 1988, LB 257, § 6;
Laws 1994, LB 498, § 12;
Laws 1996, LB 1155, § 116;
R.S.1943, (1999), § 83-1078;
Laws 2004, LB 1083, § 21;
Laws 2011, LB512, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-902 - Declaration of purpose.

71-902.
Declaration of purpose.
The purpose of the Nebraska Mental Health Commitment Act is to provide for the treatment of persons who are mentally ill and dangerous. It is the public policy of the State of Nebraska that mentally ill and dangerous persons be encouraged to obtain voluntary treatment. If voluntary treatment is not obtained, such persons shall be subject to involuntary custody and treatment only after mental health board proceedings as provided by the Nebraska Mental Health Commitment Act. Such persons shall be subjected to emergency protective custody under limited conditions and for a limited period of time.
Source
Laws 1976, LB 806, § 1;
Laws 1996, LB 1155, § 93;
R.S.1943, (1999), § 83-1001;
Laws 2004, LB 1083, § 22.
Cross References
Persons supposed mentally ill, limitations on restraint of liberty, see section 83-357.
Annotations
The Nebraska Mental Health Commitment Act applies to any person who is mentally ill and dangerous. In re Interest of G.H., 279 Neb. 708, 781 N.W.2d 438 (2010).
One of the declared public policy purposes of the Nebraska Mental Health Commitment Act is that all personal records required by the act shall be confidential except as otherwise specifically provided. In re Interest of Michael M., 6 Neb. App. 560, 574 N.W.2d 774 (1998).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-903 - Definitions, where found.

71-903.
Definitions, where found.
For purposes of the Nebraska Mental Health Commitment Act, unless the context otherwise requires, the definitions found in sections 71-904 to 71-914 shall apply.
Source
Laws 1976, LB 806, § 2;
Laws 1994, LB 498, § 4;
R.S.1943, (1999), § 83-1002;
Laws 2004, LB 1083, § 23;
Laws 2011, LB512, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-904 - Administrator, defined.

71-904.
Administrator, defined.
Administrator means the administrator or other chief administrative officer of a treatment facility or his or her designee.
Source
Laws 1976, LB 806, § 5;
R.S.1943, (1999), § 83-1005;
Laws 2004, LB 1083, § 24.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-904.01 - Firearm-related disability, defined.

71-904.01.
Firearm-related disability, defined.
Firearm-related disability means a person is not permitted to (1) purchase, possess, ship, transport, or receive a firearm under either state or federal law, (2) obtain a certificate to purchase, lease, rent, or receive transfer of a handgun under section 69-2404, or (3) obtain a permit to carry a concealed handgun under the Concealed Handgun Permit Act.
Source
Laws 2011, LB512, § 7.
Cross References
Concealed Handgun Permit Act, see section 69-2427.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-905 - Mental health board, defined.

71-905.
Mental health board, defined.
Mental health board means a board created under section 71-915.
Source
Laws 1976, LB 806, § 4;
R.S.1943, (1999), § 83-1004;
Laws 2004, LB 1083, § 25.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-906 - Mental health professional, defined.

71-906.
Mental health professional, defined.
Mental health professional means a person licensed to practice medicine and surgery or psychology in this state under the Psychology Interjurisdictional Compact or the Uniform Credentialing Act or an advanced practice registered nurse licensed under the Advanced Practice Registered Nurse Practice Act who has proof of current certification in a psychiatric or mental health specialty.
Source
Laws 1976, LB 806, § 10;
Laws 1991, LB 10, § 6;
Laws 1994, LB 1210, § 159;
R.S.1943, (1999), § 83-1010;
Laws 2004, LB 1083, § 26;
Laws 2005, LB 534, § 1;
Laws 2007, LB463, § 1185;
Laws 2018, LB1034, § 59.
Cross References
Advanced Practice Registered Nurse Practice Act, see section 38-201.
Psychology Interjurisdictional Compact, see section 38-3901.
Uniform Credentialing Act, see section 38-101.
Annotations
The opinion of a general practitioner of medicine as to mental conditions is admissible in commitment proceedings, provided a proper foundation is laid. Lux v. Mental Health Board of Polk County, 202 Neb. 106, 274 N.W.2d 141 (1979).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-907 - Mentally ill, defined.

71-907.
Mentally ill, defined.
Mentally ill means having a psychiatric disorder that involves a severe or substantial impairment of a person's thought processes, sensory input, mood balance, memory, or ability to reason which substantially interferes with such person's ability to meet the ordinary demands of living or interferes with the safety or well-being of others.
Source
Laws 1977, LB 204, § 27;
R.S.1943, (1999), § 83-1009.01;
Laws 2004, LB 1083, § 27.
Annotations
Substance dependence can be considered for purposes of determining that an individual is a dangerous sex offender. In re Interest of G.H., 279 Neb. 708, 781 N.W.2d 438 (2010).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-909 - Outpatient treatment, defined.

71-909.
Outpatient treatment, defined.
Outpatient treatment means treatment ordered by a mental health board directing a subject to comply with specified outpatient treatment requirements, including, but not limited to, (1) taking prescribed medication, (2) reporting to a mental health professional or treatment facility for treatment or for monitoring of the subject's condition, or (3) participating in individual or group therapy or educational, rehabilitation, residential, or vocational programs.
Source
Laws 1994, LB 498, § 5;
R.S.1943, (1999), § 83-1007.01;
Laws 2004, LB 1083, § 29.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-910 - Peace officer or law enforcement officer, defined.

71-910.
Peace officer or law enforcement officer, defined.
Peace officer or law enforcement officer means a sheriff, a jailer, a marshal, a police officer, or an officer of the Nebraska State Patrol.
Source
Laws 1976, LB 806, § 11;
Laws 1981, LB 95, § 5;
Laws 1988, LB 1030, § 52;
R.S.1943, (1999), § 83-1011;
Laws 2004, LB 1083, § 30.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-911 - Regional center, defined.

71-911.
Regional center, defined.
Regional center means a state hospital for the mentally ill as designated in section 83-305.
Source
Laws 1976, LB 806, § 7;
R.S.1943, (1999), § 83-1007;
Laws 2004, LB 1083, § 31.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-912 - Subject, defined.

71-912.
Subject, defined.
Subject means any person concerning whom a certificate or petition has been filed under the Nebraska Mental Health Commitment Act. Subject does not include any person under eighteen years of age unless such person is an emancipated minor.
Source
Laws 1976, LB 806, § 14;
Laws 1996, LB 1155, § 94;
R.S.1943, (1999), § 83-1014;
Laws 2004, LB 1083, § 32.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-913 - Substance dependent, defined.

71-913.
Substance dependent, defined.
Substance dependent means having a behavioral disorder that involves a maladaptive pattern of repeated use of controlled substances, illegal drugs, or alcohol, usually resulting in increased tolerance, withdrawal, and compulsive using behavior and including a cluster of cognitive, behavioral, and physiological symptoms involving the continued use of such substances despite significant adverse effects resulting from such use.
Source
Laws 1985, LB 252, § 3;
R.S.1943, (1999), § 83-1009.02;
Laws 2004, LB 1083, § 33.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-914 - Treatment facility, defined.

71-914.
Treatment facility, defined.
Treatment facility means a facility which is licensed to provide services for persons who are mentally ill or substance dependent or both.
Source
Laws 1976, LB 806, § 6;
Laws 1985, LB 252, § 1;
Laws 1995, LB 275, § 24;
R.S.1943, (1999), § 83-1006;
Laws 2004, LB 1083, § 34.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-916 - Mental health board; training; department; duties.

71-916.
Mental health board; training; department; duties.
(1) The Department of Health and Human Services shall provide appropriate training to members and alternate members of each mental health board and shall consult with consumer and family advocacy groups in the development and presentation of such training. Members and alternate members shall be reimbursed for any actual and necessary expenses incurred in attending such training in a manner and amount determined by the presiding judge of the district court. No person shall remain on a mental health board or be eligible for appointment or reappointment as a member or alternate member of such board unless he or she has attended and satisfactorily completed such training pursuant to rules and regulations adopted and promulgated by the department.
(2) The department shall provide the mental health boards with blanks for warrants, certificates, and other forms and printed copies of applicable rules and regulations of the department that will enable the boards to carry out their powers and duties under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act.
Source
Laws 2004, LB 1083, § 36;
Laws 2006, LB 1199, § 35;
Laws 2007, LB296, § 461.
Cross References
Sex Offender Commitment Act, see section 71-1201.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-917 - Clerk of the district court; duties relating to mental health board.

71-917.
Clerk of the district court; duties relating to mental health board.
The clerk of the district court appointed for that purpose by a district judge of that district court judicial district shall sign and issue all notices, appointments, warrants, subpoenas, or other process required to be issued by the mental health board and shall affix his or her seal as clerk of the district court. The clerk shall file and preserve in his or her office all papers connected with any proceedings of the mental health board and all related notices, reports, and other communications. The clerk shall keep minutes of all proceedings of the board. All required notices, reports, and communications may be sent by mail unless otherwise provided in the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. The fact and date that such notices, reports, and communications have been sent and received shall be noted on the proper record.
Source
Laws 1976, LB 806, § 16;
Laws 1981, LB 95, § 6;
Laws 2000, LB 884, § 5;
R.S.Supp.,2002, § 83-1016;
Laws 2004, LB 1083, § 37;
Laws 2006, LB 1199, § 36.
Cross References
Sex Offender Commitment Act, see section 71-1201.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-918 - Facility or programs for treatment of mental illness, substance dependence, or personality disorders; voluntary admission; unconditional discharge; exception.

71-918.
Facility or programs for treatment of mental illness, substance dependence, or personality disorders; voluntary admission; unconditional discharge; exception.
Any person may voluntarily apply for admission to any public or private hospital, other treatment facility, or program for treatment of mental illness, substance dependence, or personality disorders in accordance with the regulations of such facilities or programs governing such admissions. Any person who is voluntarily admitted for such treatment shall be unconditionally discharged from such hospital, treatment facility, or program not later than forty-eight hours after delivery of his or her written request to any official of such hospital, treatment facility, or program, unless action is taken under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act to continue his or her custody.
Source
Laws 1976, LB 806, § 29;
Laws 1978, LB 501, § 1;
Laws 1985, LB 252, § 4;
Laws 2000, LB 884, § 6;
R.S.Supp.,2002, § 83-1019;
Laws 2004, LB 1083, § 38;
Laws 2006, LB 1199, § 37.
Cross References
Sex Offender Commitment Act, see section 71-1201.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-920 - Mentally ill and dangerous person; certificate of mental health professional; contents.

71-920.
Mentally ill and dangerous person; certificate of mental health professional; contents.
(1) A mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919, determines that such person is mentally ill and dangerous shall execute a written certificate as provided in subsection (2) of this section not later than twenty-four hours after the completion of such evaluation. A copy of such certificate shall be immediately forwarded to the county attorney.
(2) The certificate shall be in writing and shall include the following information:
(a) The subject's name and address, if known;
(b) The name and address of the subject's spouse, legal counsel, guardian or conservator, and next-of-kin, if known;
(c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known;
(d) The name and address of any other person who may have knowledge of the subject's mental illness or substance dependence who may be called as a witness at a mental health board hearing with respect to the subject, if known;
(e) The name and address of the medical facility in which the subject is being held for emergency protective custody and evaluation;
(f) The name and work address of the certifying mental health professional;
(g) A statement by the certifying mental health professional that he or she has evaluated the subject since the subject was admitted for emergency protective custody and evaluation; and
(h) A statement by the certifying mental health professional that, in his or her clinical opinion, the subject is mentally ill and dangerous and the clinical basis for such opinion.
Source
Laws 2004, LB 1083, § 40.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-921 - Person believes another to be a mentally ill and dangerous person; notify county attorney; petition; when.

71-921.
Person believes another to be a mentally ill and dangerous person; notify county attorney; petition; when.
(1) Any person who believes that another person is mentally ill and dangerous may communicate such belief to the county attorney. The filing of a certificate by a law enforcement officer under section 71-919 shall be sufficient to communicate such belief. If the county attorney concurs that such person is mentally ill and dangerous and that neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by a mental health board is available or would suffice to prevent the harm described in section 71-908, he or she shall file a petition as provided in this section.
(2) The petition shall be filed with the clerk of the district court in any county within: (a) The judicial district in which the subject is located; (b) the judicial district in which the alleged behavior of the subject occurred which constitutes the basis for the petition; or (c) another judicial district in the State of Nebraska if authorized, upon good cause shown, by a district judge of the judicial district in which the subject is located. In such event, all proceedings before the mental health board shall be conducted by the mental health board serving such other county, and all costs relating to such proceedings shall be paid by the county of residence of the subject. In the order transferring such cause to another county, the judge shall include such directions as are reasonably necessary to protect the rights of the subject.
(3) The petition shall be in writing and shall include the following information:
(a) The subject's name and address, if known;
(b) The name and address of the subject's spouse, legal counsel, guardian or conservator, and next-of-kin, if known;
(c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known;
(d) A statement that the county attorney has probable cause to believe that the subject of the petition is mentally ill and dangerous;
(e) A statement that the beliefs of the county attorney are based on specific behavior, acts, attempts, or threats which shall be specified and described in detail in the petition; and
(f) The name and address of any other person who may have knowledge of the subject's mental illness or substance dependence and who may be called as a witness at a mental health board hearing with respect to the subject, if known.
Source
Laws 1976, LB 806, § 34;
Laws 1981, LB 95, § 9;
Laws 2000, LB 884, § 8;
R.S.Supp.,2002, § 83-1024;
Laws 2004, LB 1083, § 41.
Annotations
Under the Nebraska Mental Health Commitment Act, venue is proper in one county even though the alleged behavior of the subject which constituted the basis for the petition occurred in another county, because both counties are within the same judicial district. In re Interest of Michael U., 14 Neb. App. 918, 720 N.W.2d 403 (2006).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-922 - Mental health board proceedings; commencement; custody; conditions; dismissal; when.

71-922.
Mental health board proceedings; commencement; custody; conditions; dismissal; when.
(1) Mental health board proceedings shall be deemed to have commenced upon the earlier of (a) the filing of a petition under section 71-921 or (b) notification by the county attorney to the law enforcement officer who took the subject into emergency protective custody under section 71-920 or the administrator of the treatment center or medical facility having charge of the subject of his or her intention to file such petition. The county attorney shall file such petition as soon as reasonably practicable after such notification.
(2) A petition filed by the county attorney under section 71-921 may contain a request for the emergency protective custody and evaluation of the subject prior to commencement of a mental health board hearing pursuant to such petition with respect to the subject. Upon receipt of such request and upon a finding of probable cause to believe that the subject is mentally ill and dangerous as alleged in the petition, the court or chairperson of the mental health board may issue a warrant directing the sheriff to take custody of the subject. If the subject is already in emergency protective custody under a certificate filed under section 71-919, a copy of such certificate shall be filed with the petition. The subject in such custody shall be held in the nearest appropriate and available medical facility and shall not be placed in a jail. Each county shall make arrangements with appropriate medical facilities inside or outside the county for such purpose and shall pay the cost of the emergency protective custody of persons from such county in such facilities.
(3) The petition and all subsequent pleadings and filings in the case shall be entitled In the Interest of ........, Alleged to be Mentally Ill and Dangerous. The county attorney may dismiss the petition at any time prior to the commencement of the hearing of the mental health board under section 71-924, and upon such motion by the county attorney, the mental health board shall dismiss the petition.
Source
Laws 1976, LB 806, § 36;
Laws 1981, LB 95, § 10;
Laws 2000, LB 884, § 9;
R.S.Supp.,2002, § 83-1026;
Laws 2004, LB 1083, § 42;
Laws 2005, LB 551, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-923 - Petition; summons; hearing; sheriff; duties; failure to appear; warrant for custody.

71-923.
Petition; summons; hearing; sheriff; duties; failure to appear; warrant for custody.
Upon the filing of the petition under section 71-921, the clerk of the district court shall cause a summons fixing the time and place for a hearing to be prepared and issued to the sheriff for service. The sheriff shall personally serve upon the subject and the subject's legal guardian or custodian, if any, the summons and copies of the petition, the list of rights provided by sections 71-943 to 71-960, and a list of the names, addresses, and telephone numbers of mental health professionals in that immediate vicinity by whom the subject may be evaluated prior to his or her hearing. The summons shall fix a time for the hearing within seven calendar days after the subject has been taken into emergency protective custody. The failure of a subject to appear as required under this section shall constitute grounds for the issuance by the mental health board of a warrant for his or her custody.
Source
Laws 1976, LB 806, § 37;
Laws 1981, LB 95, § 11;
Laws 1996, LB 1155, § 98;
R.S.1943, (1999), § 83-1027;
Laws 2004, LB 1083, § 43.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-924 - Hearing; mental health board; duties.

71-924.
Hearing; mental health board; duties.
A hearing shall be held by the mental health board to determine whether there is clear and convincing evidence that the subject is mentally ill and dangerous as alleged in the petition. At the commencement of the hearing, the board shall inquire whether the subject has received a copy of the petition and list of rights accorded him or her by sections 71-943 to 71-960 and whether he or she has read and understood them. The board shall explain to the subject any part of the petition or list of rights which he or she has not read or understood. The board shall inquire of the subject whether he or she admits or denies the allegations of the petition. If the subject admits the allegations, the board shall proceed to enter a treatment order pursuant to section 71-925. If the subject denies the allegations of the petition, the board shall proceed with a hearing on the merits of the petition.
Source
Laws 1976, LB 806, § 45;
Laws 1981, LB 95, § 14;
R.S.1943, (1999), § 83-1035;
Laws 2004, LB 1083, § 44.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-926 - Subject; custody pending entry of treatment order.

71-926.
Subject; custody pending entry of treatment order.
(1) At the conclusion of a mental health board hearing under section 71-924 and prior to the entry of a treatment order by the board under section 71-925, the board may (a) order that the subject be retained in custody until the entry of such order and the subject may be admitted for treatment pursuant to such order or (b) order the subject released from custody under such conditions as the board deems necessary and appropriate to prevent the harm described in section 71-908 and to assure the subject's appearance at a later disposition hearing by the board. A subject shall be retained in custody under this section at the nearest appropriate and available medical facility and shall not be placed in a jail. Each county shall make arrangements with appropriate medical facilities inside or outside the county for such purpose and shall pay the cost of the emergency protective custody of persons from such county in such facilities.
(2) A subject who has been ordered to receive inpatient or outpatient treatment by a mental health board may be provided treatment while being retained in emergency protective custody and pending admission of the subject for treatment pursuant to such order.
Source
Laws 1976, LB 806, § 49;
Laws 1988, LB 257, § 4;
Laws 1996, LB 1044, § 967;
Laws 1996, LB 1155, § 103;
R.S.1943, (1999), § 83-1039;
Laws 2004, LB 1083, § 46.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-927 - Mentally ill and dangerous subject; board; issue warrant; contents; immunity.

71-927.
Mentally ill and dangerous subject; board; issue warrant; contents; immunity.
If the mental health board finds the subject to be mentally ill and dangerous and commits the subject to the custody of the Department of Health and Human Services to receive inpatient treatment, the department shall secure placement of the subject in an appropriate inpatient treatment facility to receive such treatment. The board shall issue a warrant authorizing the administrator of such treatment facility to receive and keep the subject as a patient. The warrant shall state the findings of the board and the legal settlement of the subject, if known, or any available information relating thereto. Such warrant shall shield every official and employee of the treatment facility against all liability to prosecution of any kind on account of the reception and detention of the subject if the detention is otherwise in accordance with the Nebraska Mental Health Commitment Act, rules and regulations adopted and promulgated under the act, and policies of the treatment facility.
Source
Laws 1976, LB 806, § 51;
Laws 1985, LB 252, § 5;
Laws 1994, LB 337, § 1;
R.S.1943, (1999), § 83-1041;
Laws 2004, LB 1083, § 47.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-928 - Inpatient treatment; subject taken to facility; procedure.

71-928.
Inpatient treatment; subject taken to facility; procedure.
When an order of a mental health board requires inpatient treatment of a subject within a treatment facility, the warrant filed under section 71-927, together with the findings of the mental health board, shall be delivered to the sheriff of the county who shall execute such warrant by conveying and delivering the warrant, the findings, and the subject to the treatment facility. The administrator, over his or her signature, shall acknowledge the delivery on the original warrant which the sheriff shall return to the clerk of the district court with his or her costs and expenses endorsed thereon. If neither the sheriff nor deputy sheriff is available to execute the warrant, the chairperson of the mental health board may appoint some other suitable person to execute the warrant. Such person shall take and subscribe an oath or affirmation to faithfully discharge his or her duty and shall be entitled to the same fees as the sheriff. The sheriff, deputy sheriff, or other person appointed by the mental health board may take with him or her such assistance as may be required to execute the warrant. No female subject shall be taken to a treatment facility without being accompanied by another female or relative of the subject. The administrator in his or her acknowledgment of delivery shall record whether any person accompanied the subject and the name of such person.
Source
Laws 1976, LB 806, § 52;
R.S.1943, (1999), § 83-1042;
Laws 2004, LB 1083, § 48.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-929 - Mental health board; execution of warrants; costs; procedure.

71-929.
Mental health board; execution of warrants; costs; procedure.
(1) If a mental health board issues a warrant for the admission or return of a subject to a treatment facility and funds to pay the expenses thereof are needed in advance, the board shall estimate the probable expense of conveying the subject to the treatment facility, including the cost of any assistance that might be required, and shall submit such estimate to the county clerk of the county in which such person is located. The county clerk shall certify the estimate and shall issue an order on the county treasurer in favor of the sheriff or other person entrusted with the execution of the warrant.
(2) The sheriff or other person executing the warrant shall include in his or her return a statement of expenses actually incurred, including any excess or deficiency. Any excess from the amount advanced for such expenses under subsection (1) of this section shall be paid to the county treasurer, taking his or her receipt therefor, and any deficiency shall be obtained by filing a claim with the county board. If no funds are advanced, the expenses shall be certified on the warrant and paid when returned.
(3) The sheriff shall be reimbursed for mileage at the rate provided in section 33-117 for conveying a subject to a treatment facility under this section. For other services performed under the Nebraska Mental Health Commitment Act, the sheriff shall receive the same fees as for like services in other cases.
(4) All compensation and expenses provided for in this section shall be allowed and paid out of the treasury of the county by the county board.
Source
Laws 2004, LB 1083, § 49.