reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-151 - Interstate compact; requirements.

43-151.
Interstate compact; requirements.
A compact entered into pursuant to sections 43-147 to 43-154 shall include:
(1) A provision making it available for joinder by all states;
(2) A provision for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the notice and the effective date of the withdrawal;
(3) A requirement that the protection afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are residents and have their principal place of abode;
(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance and that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance; and
(5) Such other provisions as may be appropriate to implement the proper administration of the compact.
Source
Laws 1985, LB 447, § 5.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-152 - Interstate compact; discretionary provisions.

43-152.
Interstate compact; discretionary provisions.
A compact entered into pursuant to sections 43-147 to 43-154 may contain provisions in addition to those required pursuant to section 43-151, including:
(1) Provisions establishing procedures and entitlements to medical, developmental, child care, or other social services for the child in accordance with applicable laws even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof; and
(2) Such other provisions as may be appropriate or incidental to the proper administration of the compact.
Source
Laws 1985, LB 447, § 6.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-153 - Child with special needs; medical assistance identification; how obtained; payment; violations; penalty.

43-153.
Child with special needs; medical assistance identification; how obtained; payment; violations; penalty.
(1) A child with special needs residing in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon the filing with the department of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with rules and regulations of the department, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.
(2) The department shall consider the holder of a medical assistance identification pursuant to this section the same as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
(3) Any person who by means of a willfully false statement or representation or by impersonation or other device obtains or attempts to obtain or who aids or abets any other person in obtaining assistance under sections 43-147 to 43-154 shall, upon conviction thereof, be punished pursuant to section 68-1017.
(4) This section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive it in accordance with the laws and procedures applicable thereto.
Source
Laws 1985, LB 447, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-154 - State plan; administer federal aid.

43-154.
State plan; administer federal aid.
Consistent with federal law, the department, in connection with the administration of sections 43-147 to 43-154 and any compact entered into pursuant to such sections, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272, Titles IV(e) and XIX of the Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The department shall apply for and administer all relevant federal aid in accordance with law.
Source
Laws 1985, LB 447, § 8.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-155 - Legislative intent.

43-155.
Legislative intent.
The Legislature finds that there are children in temporary foster care situations who would benefit from the stability of adoption. It is the intent of the Legislature that such situations be accommodated through the use of adoptions involving exchange-of-information contracts between the department and the adoptive or biological parent or parents.
Source
Laws 1988, LB 301, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-156 - Terms, defined.

43-156.
Terms, defined.
For purposes of sections 43-155 to 43-160, unless the context otherwise requires:
(1) Adoption involving exchange of information shall mean an adoption of a child in which one or both of the child's biological parents contract with the department for information about the child obtained through his or her adoptive family;
(2) Exchange-of-information contract shall mean a two-year, renewable obligation, voluntarily agreed to and signed by both the adoptive and biological parent or parents as well as the department; and
(3) Department shall mean the Department of Health and Human Services.
Source
Laws 1988, LB 301, § 2;
Laws 1996, LB 1044, § 122.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-158 - Information included; effect on visitation.

43-158.
Information included; effect on visitation.
When the department determines that an adoption involving exchange of information would serve a child's best interests, it may enter into agreements with the child's proposed adoptive parent or parents for the exchange of information. The nature of the information promised to be provided shall be specified in an exchange-of-information contract and may include, but shall not be limited to, letters by the adoptive parent or parents at specified intervals providing information regarding the child's development or photographs of the child at specified intervals. Any agreement shall provide that the biological parent or parents keep the department informed of any change in address or telephone number and may include provision for communication by the biological parent or parents indirectly through the department or directly to the adoptive parent or parents. Nothing in sections 43-155 to 43-160 shall be interpreted to preclude or allow court-ordered parenting time, visitation, or other access with the child and the biological parent or parents.
Source
Laws 1988, LB 301, § 4;
Laws 2002, LB 1105, § 437;
Laws 2007, LB554, § 39.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-159 - Alteration.

43-159.
Alteration.
When, after placement of a child for adoption, it is determined by the department, in consultation with the adoptive parent or parents, that certain or all exchanges of information are no longer in the best interests of the child, the department may enter into an agreement with the biological parent or parents to alter the original contract made between the department and the biological parent or parents.
Source
Laws 1988, LB 301, § 5.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-160 - Effect; enforcement.

43-160.
Effect; enforcement.
The existence of any agreement or agreements of the kind specified in section 43-158 shall not operate to impair the validity of any relinquishment or any decree of adoption entered by a court of the State of Nebraska. The violation of the terms of any agreement or agreements of the kind specified in section 43-158 shall not operate to impair the validity of any relinquishment or any decree of adoption entered by a court of competent jurisdiction. The parties to an exchange-of-information contract shall have the authority to bring suit in a court of competent jurisdiction for the enforcement of any agreement entered into pursuant to section 43-158.
Source
Laws 1988, LB 301, § 6;
Laws 1998, LB 1041, § 16.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-161 - Client records; maintained by Department of Health and Human Services; access.

43-161.
Client records; maintained by Department of Health and Human Services; access.
All client records from the Nebraska Industrial Home at Milford shall be maintained by the Department of Health and Human Services as confidential records but shall be accessible as provided by statute or by the rules and regulations of the department.
Source
Laws 1993, LB 205, § 7;
Laws 1996, LB 1044, § 123;
Laws 2007, LB296, § 107.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-162 - Communication or contact agreement; authorized; approval.

43-162.
Communication or contact agreement; authorized; approval.
The prospective adoptive parent or parents and the birth parent or parents of a prospective adoptee may enter into an agreement regarding communication or contact after the adoption between or among the prospective adoptee and his or her birth parent or parents if the prospective adoptee is in the custody of the Department of Health and Human Services. Any such agreement shall not be enforceable unless approved by the court pursuant to section 43-163.
Source
Laws 1993, LB 205, § 8;
Laws 1996, LB 1044, § 124;
Laws 1998, LB 1041, § 17.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-163 - Guardian ad litem; appointment; order approving agreement; considerations.

43-163.
Guardian ad litem; appointment; order approving agreement; considerations.
(1) Before approving an agreement under section 43-162, the court shall appoint a guardian ad litem if the prospective adoptee is not already represented by a guardian ad litem, and the guardian ad litem of the prospective adoptee shall represent the best interests of the child concerning such agreement. The court may enter an order approving the agreement upon motion of one of the prospective adoptee's birth parents or one of the prospective adoptive parents if the terms of the agreement are approved in writing by the prospective adoptive parent or parents and the birth parent or parents and if the court finds, after consideration of the recommendations of the guardian ad litem and the Department of Health and Human Services and other factors, that such communication with the birth parent or parents and the maintenance of birth family history would be in the best interests of the prospective adoptee.
(2) In determining if the agreement is in the best interests of the prospective adoptee, the court shall consider the following factors as favoring communication with the birth parent or parents: Whether the prospective adoptee and birth parent or parents lived together for a substantial period of time; the prospective adoptee exhibits attachment or bonding to such birth parent or parents; and the adoption is a foster-parent adoption with the birth parent or parents having relinquished the prospective adoptee due to an inability to provide him or her with adequate parenting.
Source
Laws 1993, LB 205, § 9;
Laws 1996, LB 1044, § 125;
Laws 1998, LB 1041, § 18.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-164 - Failure to comply with court order; effect.

43-164.
Failure to comply with court order; effect.
Failure to comply with the terms of an order entered pursuant to section 43-163 shall not be grounds for setting aside an adoption decree, for revocation of a written consent to adoption after the consent has been approved by the court, or for revocation of a relinquishment of parental rights after the relinquishment has been accepted in writing by the Department of Health and Human Services as provided in section 43-106.01.
Source
Laws 1993, LB 205, § 10;
Laws 1996, LB 1044, § 126;
Laws 1998, LB 1041, § 19.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-165 - Enforcement of order; modification; when.

43-165.
Enforcement of order; modification; when.
An order entered pursuant to section 43-163 may be enforced by a civil action, and the prevailing party may be awarded, as part of the costs of the action, reasonable attorney's fees. The court shall not modify an order issued under such section unless it finds that the modification is necessary to serve the best interests of the adoptee and (1) that the modification is agreed to by the adoptive parent or parents and the birth parent or parents or (2) exceptional circumstances have arisen since the order was entered that justify modification of the order.
Source
Laws 1993, LB 205, § 11.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-247.04 - Legislative intent; State Court Administrator; duties; Department of Health and Human Services; duties.

43-247.04.
Legislative intent; State Court Administrator; duties; Department of Health and Human Services; duties.
(1) It is the intent of the Legislature to transfer four hundred fifty thousand dollars in General Funds from the Department of Health and Human Services' 2014-15 budget to the office of the State Court Administrator's budget for the purpose of making the State Court Administrator directly responsible for contracting and paying for court-connected prehearing conferences, family group conferences, expedited family group conferences, child welfare mediation, permanency prehearing conferences, termination of parental rights prehearing conferences, victim youth conferencing, juvenile victim-offender dialogue, and other restorative justice practices. Such funds shall be transferred on or before October 15, 2014.
(2) The Department of Health and Human Services shall continue to be responsible for contracting with mediation centers approved by the Office of Dispute Resolution to provide family group conferences, mediation, and related services for non-court-involved and voluntary child welfare or juvenile cases through June 30, 2017, unless extended by the Legislature.
Source
Laws 2014, LB464, § 11;
Laws 2019, LB595, § 26.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-260.04 - Juvenile pretrial diversion program; requirements.

43-260.04.
Juvenile pretrial diversion program; requirements.
A juvenile pretrial diversion program shall:
(1) Be an option available for the county attorney or city attorney based upon his or her determination under this subdivision. The county attorney or city attorney may use the following information:
(a) The juvenile's age;
(b) The nature of the offense and role of the juvenile in the offense;
(c) The number and nature of previous offenses involving the juvenile;
(d) The dangerousness or threat posed by the juvenile to persons or property; or
(e) The recommendations of the referring agency, victim, and advocates for the juvenile;
(2) Permit participation by a juvenile only on a voluntary basis and shall include a juvenile diversion agreement described in section 43-260.06;
(3) Allow the juvenile to consult with counsel prior to a decision to participate in the program;
(4) Be offered to the juvenile when practicable prior to the filing of a juvenile petition or a criminal charge but after the arrest of the juvenile or issuance of a citation to the juvenile if after the arrest or citation a decision has been made by the county attorney or city attorney that the offense will support the filing of a juvenile petition or criminal charges;
(5) Provide screening services for use in creating a diversion plan utilizing appropriate services for the juvenile;
(6) Result in dismissal of the juvenile petition or criminal charges if the juvenile successfully completes the program;
(7) Be designed and operated to further the goals stated in section 43-260.03 and comply with sections 43-260.04 to 43-260.07;
(8) Require information received by the program regarding the juvenile to remain confidential unless a release of information is signed upon admission to the program or is otherwise authorized by law; and
(9)(a) Respond to a public inquiry in the same manner as if there were no information or records concerning participation in the diversion program. Information or records pertaining to participation in the diversion program shall not be disseminated to any person other than:
(i) A criminal justice agency as defined in section 29-3509;
(ii) The individual who is the subject of the record or any persons authorized by such individual; or
(iii) Other persons or agencies authorized by law.
(b) An individual, a person, or an agency requesting information subject to subdivision (9)(a) of this section shall provide the diversion program with satisfactory verification of his, her, or its identity.
Source
Laws 2003, LB 43, § 3;
Laws 2013, LB561, § 14;
Laws 2019, LB354, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-260.05 - Juvenile pretrial diversion program; optional services.

43-260.05.
Juvenile pretrial diversion program; optional services.
A juvenile pretrial diversion program may:
(1) Provide screening services to the court and county attorney or city attorney to help identify likely candidates for the program;
(2) Establish goals for diverted juvenile offenders and monitor performance of the goals;
(3) Coordinate chemical dependency assessments of diverted juvenile offenders when indicated, make appropriate referrals for treatment, and monitor treatment and aftercare;
(4) Coordinate individual, group, and family counseling services;
(5) Oversee the payment of victim restitution by diverted juvenile offenders;
(6) Assist diverted juvenile offenders in identifying and contacting appropriate community resources;
(7) Coordinate educational services to diverted juvenile offenders to enable them to earn a high school diploma or general education development diploma; and
(8) Provide accurate information on how diverted juvenile offenders perform in the program to the juvenile courts, county attorneys, city attorneys, defense attorneys, and probation officers.
Source
Laws 2003, LB 43, § 4;
Laws 2013, LB561, § 15.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-260.06 - Juvenile diversion agreement; contents.

43-260.06.
Juvenile diversion agreement; contents.
A juvenile diversion agreement shall include, but not be limited to, one or more of the following:
(1) A letter of apology;
(2) Community service, not to be performed during school hours if the juvenile offender is attending school;
(3) Restitution;
(4) Attendance at educational or informational sessions at a community agency;
(5) Requirements to remain during specified hours at home, school, and work and restrictions on leaving or entering specified geographical areas; and
(6) Participation in an appropriate restorative justice practice or service.
Source
Laws 2003, LB 43, § 5;
Laws 2019, LB595, § 27.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-260.07 - Juvenile pretrial diversion program; data; duties.

43-260.07.
Juvenile pretrial diversion program; data; duties.
(1) On January 30 of each year, every county attorney or city attorney of a county or city which has a juvenile pretrial diversion program shall report to the Director of Juvenile Diversion Programs the information pertaining to the program required by rules and regulations adopted and promulgated by the Nebraska Commission on Law Enforcement and Criminal Justice.
(2) Juvenile pretrial diversion program data shall be maintained and compiled by the Director of Juvenile Diversion Programs.
Source
Laws 2003, LB 43, § 6;
Laws 2013, LB561, § 16.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-261 - Juvenile court petition; contents; filing.

43-261.
Juvenile court petition; contents; filing.
(1)(a) A juvenile court petition and all subsequent proceedings shall be entitled In the Interest of ........................., a Juvenile, inserting the juvenile's name in the blank. The written petition shall be signed by the county attorney, specify which subdivision of section 43-247 is alleged and set forth the facts, state the juvenile's month and year of birth, and request the juvenile court to determine whether support will be ordered pursuant to section 43-290. An allegation under subdivision (1), (2), or (4) of section 43-247 is to be made with the same specificity as a criminal complaint. It is sufficient if the petition is based upon information and belief.
(b) A juvenile court petition is filed with the clerk of the court having jurisdiction over the matter. If such court is a separate juvenile court, the petition is filed with the clerk of the district court. If such court is a county court sitting as a juvenile court, the petition is filed with the clerk of the county court.
(2) In all cases involving violation of a city or village ordinance, the city attorney or village prosecutor may file a petition in juvenile court. If such a petition is filed, for purposes of such proceeding, references in the Nebraska Juvenile Code to county attorney are construed to include a city attorney or village prosecutor.
Source
Laws 2014, LB464, § 14;
Laws 2016, LB1010, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-261.01 - Juvenile court petition; felony or crime of domestic violence; court provide explanation of firearm possession consequences.

43-261.01.
Juvenile court petition; felony or crime of domestic violence; court provide explanation of firearm possession consequences.
(1) When the petition alleges the juvenile committed an act which would constitute a felony or an act which would constitute a misdemeanor crime of domestic violence, the court shall explain the specific legal consequences that an adjudication for such an act will have on the juvenile's right to possess a firearm. The court shall provide such explanation at the earlier of:
(a) The juvenile's first court appearance or, if the juvenile is not present in the court at the time of the first appearance, by written notice sent by regular mail to the juvenile's last-known address; or
(b) Prior to adjudication.
(2) For purposes of this section:
(a) Firearm has the same meaning as in section 28-1201; and
(b) Misdemeanor crime of domestic violence has the same meaning as in section 28-1206.
Source
Laws 2018, LB990, § 6.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-262 - Issuance of process; notice in lieu of summons.

43-262.
Issuance of process; notice in lieu of summons.
No summons or notice shall be required to be served on any person who shall voluntarily appear before the court and whose appearance is noted on the records thereof. In actions involving a juvenile who may invoke the jurisdiction of the court under the Nebraska Juvenile Code, the court, in its discretion, may cause the issuance of a notice in lieu of summons to the juvenile and to the juvenile's parent or the person who has the custody or control of the juvenile. Such notice in lieu of summons may be delivered by mail, shall be accompanied by a copy of the petition in cases when jurisdiction under subdivision (1) or (2) of section 43-247 is alleged, and shall contain a statement that (1) the recipient is entitled by statute to have the summons or notice, as the case may be, served upon him or her by personnel of the sheriff's office or some other person under the direction of the court, (2) service by the sheriff's office has been dispensed with for the convenience of the recipient, (3) if the recipient appears in court for the hearing fixed in the notice, he or she shall be deemed to have waived issuance and service of a notice and the seventy-two-hour waiting period, as the case may be, and (4) if he or she does not appear, a summons or notice, as the case may be, shall be served upon him or her by personnel of the sheriff's office or some other suitable person under the direction of the court.
Source
Laws 1981, LB 346, § 18;
Laws 1985, LB 447, § 19.