reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-296 - Associations receiving juveniles; supervision by Department of Health and Human Services; certificate; reports; statements.

43-296.
Associations receiving juveniles; supervision by Department of Health and Human Services; certificate; reports; statements.
All associations receiving juveniles under the Nebraska Juvenile Code shall be subject to the same visitation, inspection, and supervision by the Department of Health and Human Services as are public charitable institutions of this state, and it shall be the duty of the department to pass annually upon the fitness of every such association as may receive or desire to receive juveniles under the provisions of such code. Upon the department being satisfied that such association is competent and has adequate facilities to care for such juveniles, it shall issue to such association a certificate to that effect, which certificate shall continue in force for one year unless sooner revoked by the department. No juvenile shall be committed to any such association which has not received such a certificate within the fifteen months immediately preceding the commitment. The court may at any time require from any association receiving or desiring to receive juveniles under the provisions of the Nebraska Juvenile Code such reports, information, and statements as the judge shall deem proper and necessary for his or her action, and the court shall in no case be required to commit a juvenile to any association whose standing, conduct, or care of juveniles or ability to care for the same is not satisfactory to the court.
Source
Laws 1981, LB 346, § 52;
Laws 1985, LB 447, § 28;
Laws 1996, LB 1044, § 146;
Laws 2012, LB1160, § 11;
Laws 2013, LB222, § 6;
Laws 2017, LB417, § 5.
Cross References
Department of Health and Human Services, supervisory powers, see section 43-707.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-297 - Juveniles in need of assistance; placement with association or institution; agreements; effect.

43-297.
Juveniles in need of assistance; placement with association or institution; agreements; effect.
It shall be lawful for the parent, guardian, or other person having the right to dispose of a juvenile defined in subdivision (3)(a) of section 43-247 to enter into an agreement with any association or institution incorporated under any public or private law of this state or any other state, for the purpose of aiding, caring for, or placing such juveniles in homes and, subject to approval as provided in this section, to surrender such juveniles to such association or institution, to be taken and cared for by such association or institution, or put into a family home. Such agreement may contain any and all proper stipulations to that end and may authorize the association or institution by its attorney or agent to appear in any proceeding for the legal adoption of such juvenile, and consent to such juvenile's adoption; and the order of the court, made upon such consent, shall be binding upon the juvenile and his or her parents or guardian, or other person, the same as if such person were personally in court and consented thereto, whether made party to the proceeding or not. All the publication or notice necessary for the adoption of any such juveniles shall be that the institution or parties having charge of such juveniles by court decree, or to whom a relinquishment of the juvenile was given, shall know that such legal adoption is being made.
Source
Laws 1981, LB 346, § 53.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-298 - Commitment of juvenile; religious preference considered.

43-298.
Commitment of juvenile; religious preference considered.
The court in committing juveniles under the Nebraska Juvenile Code shall place them as far as practicable in the care and custody of some individual holding the same religious belief as the parents of the juvenile or with some association which is controlled by persons of like religious faith of the parents of the juvenile.
Source
Laws 1981, LB 346, § 54;
Laws 1985, LB 447, § 29.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-299 - Code, how construed.

43-299.
Code, how construed.
Nothing in the Nebraska Juvenile Code shall be construed to repeal any portion of the act to aid the youth rehabilitation and treatment centers for juveniles.
Source
Laws 1981, LB 346, § 55;
Laws 1985, LB 447, § 30;
Laws 1994, LB 988, § 23.
Cross References
Youth rehabilitation and treatment centers, see section 43-407.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,100 - Department of Health and Human Services; acceptance of juveniles for observation and treatment; authorized.

43-2,100.
Department of Health and Human Services; acceptance of juveniles for observation and treatment; authorized.
The Department of Health and Human Services may receive any juvenile for observation and treatment from any public institution other than a state institution or from any private or charitable institution or person having legal custody thereof upon such terms as such department may deem proper.
Source
Laws 1981, LB 346, § 56;
Laws 1996, LB 1044, § 147.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,101 - Costs of transporting juvenile to department; payment by county; when.

43-2,101.
Costs of transporting juvenile to department; payment by county; when.
Unless otherwise ordered by the court pursuant to section 43-290, each county shall bear all the expenses incident to the transportation of each juvenile from such county to the Department of Health and Human Services, together with such fees and costs as are allowed by law in similar cases. The fees, costs, and expenses shall be paid from the county treasury upon itemized vouchers certified by the judge of the juvenile court.
Source
Laws 1981, LB 346, § 57;
Laws 1987, LB 638, § 8;
Laws 1996, LB 1044, § 148.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,106 - Proceeding in county court sitting as juvenile court; jurisdiction; appeals.

43-2,106.
Proceeding in county court sitting as juvenile court; jurisdiction; appeals.
When a juvenile court proceeding has been instituted before a county court sitting as a juvenile court, the original jurisdiction of the county court shall continue until the final disposition thereof and no appeal shall stay the enforcement of any order entered in the county court. After appeal has been filed, the appellate court, upon application and hearing, may stay any order, judgment, or decree on appeal if suitable arrangement is made for the care and custody of the juvenile. The county court shall continue to exercise supervision over the juvenile until a hearing is had in the appellate court and the appellate court enters an order making other disposition. If the appellate court adjudges the juvenile to be a juvenile meeting the criteria established in subdivision (1), (2), (3), or (4) of section 43-247, the appellate court shall affirm the disposition made by the county court unless it is shown by clear and convincing evidence that the disposition of the county court is not in the best interest of such juvenile. Upon determination of the appeal, the appellate court shall remand the case to the county court for further proceedings consistent with the determination of the appellate court.
Source
Laws 1981, LB 346, § 63;
Laws 1986, LB 529, § 48;
Laws 1989, LB 182, § 17;
Laws 1991, LB 732, § 103;
Laws 1994, LB 1106, § 7.
Annotations
Disposition order entered while child's adjudication order pending on appeal went beyond exercise of "supervision" and was outside county court's authority. In re Interest of Andrew H. et al., 5 Neb. App. 716, 564 N.W.2d 611 (1997).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,106.02 - Power of court to vacate or modify judgments or orders.

43-2,106.02.
Power of court to vacate or modify judgments or orders.
The separate juvenile court and the county court sitting as a juvenile court shall have the power to vacate or modify its own judgments or orders during or after the term at which such judgments or orders were made in the same manner as provided for actions filed in the district court.
Source
Laws 2006, LB 1115, § 33.
Annotations
Courts have the power to vacate or modify their own judgments and orders at any time during the term at which they were pronounced. But this power may not be used to circumvent the Legislature's power to fix the time limit to take an appeal. A court may not vacate an order or judgment and reinstate it at a later date just for the purpose of extending the time for appeal. One exception to this rule against using a court's power to vacate as a tool to extend the time for appeal is where a clerk fails to provide notice of a judgment to a party, thereby impairing the party's ability to appeal. In re Interest of Luz P. et al., 295 Neb. 814, 891 N.W.2d 651 (2017).
Juvenile courts have the power to vacate or modify their own judgments and orders during or after the term in which they were made in the same manner as provided for district courts under section 25-2001. In re Interest of Luz P. et al., 295 Neb. 814, 891 N.W.2d 651 (2017).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,106.03 - Rehabilitative services; hearing; court order; use.

43-2,106.03.
Rehabilitative services; hearing; court order; use.
Any time after the disposition of a juvenile described in subdivision (1), (2), (3)(b), or (4) of section 43-247, upon the motion of any party or the court on its own motion, a hearing may be held regarding the amenability of the juvenile to the rehabilitative services that can be provided under the Nebraska Juvenile Code. The court may enter an order, based upon evidence presented at the hearing, finding that a juvenile is not amenable to rehabilitative services that can be provided under the Nebraska Juvenile Code. The reasons for such a finding shall be stated in the order. Such an order shall be considered by the county attorney in making a future determination under section 43-276 regarding such juvenile and by the court when considering a future transfer motion under section 29-1816 or 43-274 or any future charge or petition regarding such juvenile.
Source
Laws 2008, LB1014, § 41;
Laws 2014, LB464, § 24.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,107 - Court; control conduct of a person; notice; hearing; temporary order; violation of order; penalty.

43-2,107.
Court; control conduct of a person; notice; hearing; temporary order; violation of order; penalty.
On application of a party or on the court's own motion, the court may restrain or otherwise control the conduct of a person if a petition has been filed under the Nebraska Juvenile Code and the court finds that such conduct is or may be detrimental or harmful to the juvenile. Notice of the application or motion and an opportunity to be heard thereon shall be given to the person against whom such application or motion is directed, except that the court may enter a temporary order restraining or otherwise controlling the conduct of a person for the protection of a juvenile without prior notice if it appears to the court that it is necessary to issue such order forthwith. Such temporary order shall be effective not to exceed ten days and shall not be binding against any person unless he or she has received a copy of such order. Any individual who violates an order restraining or otherwise controlling his or her conduct under this section shall be guilty of a Class II misdemeanor and may be proceeded against as described in sections 42-928 and 42-929.
Source
Laws 1981, LB 346, § 62;
Laws 1985, LB 447, § 31;
Laws 1992, LB 1184, § 16.
Annotations
Before an order is issued under this section, the juvenile court must accord the person affected due process. This section requires that the person to be restrained or whose conduct is to be controlled receives (1) notice that such an order is requested or contemplated and (2) an opportunity to be heard on the propriety of issuing such an order. The opportunity to be heard, described in this section, means a meaningful opportunity to be heard. In re Interest of G.G. et al., 237 Neb. 306, 465 N.W.2d 752 (1991).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,108.01 - Sealing of records; juveniles eligible.

43-2,108.01.
Sealing of records; juveniles eligible.
(1) Sections 43-2,108.01 to 43-2,108.05 apply only to persons who were under the age of eighteen years when the offense took place and, after being taken into custody, arrested, cited in lieu of arrest, or referred for prosecution without citation, the county attorney or city attorney:
(a) Declined to file a juvenile petition or criminal complaint;
(b) Offered juvenile pretrial diversion, mediation, or restorative justice to the juvenile under the Nebraska Juvenile Code;
(c) Filed a juvenile court petition describing the juvenile as a juvenile described in subdivision (1), (2), (3)(b), or (4) of section 43-247;
(d) Filed a criminal complaint in county court against the juvenile under state statute or city or village ordinance for misdemeanor or infraction possession of marijuana or misdemeanor or infraction possession of drug paraphernalia;
(e) Filed a criminal complaint in county court against the juvenile for any other misdemeanor or infraction under state statute or city or village ordinance, other than for a traffic offense when all offenses in the case are waivable offenses; or
(f) Filed a criminal complaint in county or district court for a felony offense under state law or a city or village ordinance that was subsequently transferred to juvenile court for ongoing jurisdiction.
(2) The changes made by Laws 2019, LB354, to the relief set forth in sections 43-2,108.03 to 43-2,108.05 shall apply to all persons described in this section, as amended by Laws 2019, LB354, and Laws 2020, LB1148, for offenses occurring prior to, on, or after September 1, 2019.
Source
Laws 2010, LB800, § 26;
Laws 2011, LB463, § 6;
Laws 2019, LB354, § 2;
Laws 2019, LB595, § 32;
Laws 2020, LB1148, § 11.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,108.02 - Sealing of records; notice to juvenile; contents.

43-2,108.02.
Sealing of records; notice to juvenile; contents.
(1) By January 1, 2020, the Supreme Court shall promulgate a written notice that:
(a) States in developmentally appropriate language that, for a juvenile described in section 43-2,108.01, the juvenile's record will be automatically sealed if (i) no charges are filed as a result of the determination of the prosecuting attorney, (ii) the charges are dismissed, (iii) the juvenile has satisfactorily completed the diversion, mediation, restorative justice, probation, supervision, or other treatment or rehabilitation program provided under the Nebraska Juvenile Code, or (iv) the juvenile has satisfactorily completed the county court diversion program, probation ordered by the court, or sentence ordered by the court;
(b) States in developmentally appropriate language that, if the record is not sealed as provided in subdivision (1)(a) of this section, the juvenile or the juvenile's parent or guardian may file a motion to seal the record with the court when the juvenile reaches the age of majority or six months have passed since the case was closed, whichever occurs sooner; and
(c) Explains in developmentally appropriate language what sealing the record means.
(2) For a juvenile described in section 43-2,108.01, the county attorney or city attorney shall attach a copy of the notice to any juvenile petition or criminal complaint.
Source
Laws 2010, LB800, § 27;
Laws 2011, LB463, § 7;
Laws 2019, LB354, § 3;
Laws 2019, LB595, § 33.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,109 - County board of visitors; appointment; duties; reports; expenses.

43-2,109.
County board of visitors; appointment; duties; reports; expenses.
In each county the judge presiding over the juvenile court may appoint a board of four reputable residents, who shall serve without compensation, to constitute a board of visitation whose duty it shall be to visit at least once a year all institutions, societies, and associations within the county receiving juveniles under the Nebraska Juvenile Code. Visits shall be made by not less than two of the members of the board, who shall go together or make a joint report. The board of visitors shall report to the court, from time to time, the condition of juveniles received by or in the charge of such associations and institutions and shall make an annual report to the Department of Health and Human Services in such form as the department may prescribe. The county board may, in its discretion, make appropriations for the payment of the actual and necessary expenses incurred by the visitors in the discharge of their official duties.
Source
Laws 1981, LB 346, § 66;
Laws 1985, LB 447, § 32;
Laws 1994, LB 988, § 24;
Laws 1996, LB 1044, § 150.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,110 - Detention homes; power of county boards to provide.

43-2,110.
Detention homes; power of county boards to provide.
The several county boards of counties of Nebraska shall have the power and authority to appropriate the funds necessary to establish and maintain detention homes in connection with the juvenile courts of this state.
Source
Laws 1981, LB 346, § 67.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,111 - Establishment; when; court of record.

43-2,111.
Establishment; when; court of record.
Each county of this state having a population of seventy-five thousand or more inhabitants shall constitute a separate juvenile court judicial district. There shall be established in each such juvenile court judicial district of this state a separate juvenile court whenever the establishment thereof shall be authorized by a majority of the electors of any such county voting thereon. The court so established shall be a court of record.
Source
Laws 1959, c. 189, § 1, p. 683;
Laws 1976, LB 669, § 1;
R.S.1943, (1978), § 43-228;
Laws 1981, LB 346, § 68;
Laws 1984, LB 973, § 1.
Annotations
If the State wishes to rely on evidence from dispositional proceedings to support a termination based on failed efforts at rehabilitation, it must see that a verbatim record is made so that the testimony and other foundation evidence is preserved; otherwise, there can be no meaningful review by the Supreme Court. In re Interest of R.A., 226 Neb. 160, 410 N.W.2d 110 (1987).
Probation officers are provided to carry out the work of the separate juvenile court. Beck v. Beck, 175 Neb. 108, 120 N.W.2d 585 (1963).
Constitutionality of Separate Juvenile Court Act could only be raised in proceeding brought directly for that purpose. State ex rel. Weiner v. Hans, 174 Neb. 612, 119 N.W.2d 72 (1963).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,112 - Establishment; petition; election; clerk of county court; duties.

43-2,112.
Establishment; petition; election; clerk of county court; duties.
The question of whether or not there shall be established a separate juvenile court in any county having a population of seventy-five thousand or more inhabitants shall be submitted to the registered voters of any such county at the first statewide general election or at any special election held not less than four months after the filing with the Secretary of State of a petition requesting the establishment of such court signed by registered voters of such county in a number not less than five percent of the total votes cast for Governor in such county at the general state election next preceding the filing of the petition. The question shall be submitted to the registered voters of the county in the following form:
Shall there be established in .......... County a separate juvenile court?
...... Yes
...... No
The election shall be conducted and the ballots shall be counted and canvassed in the manner prescribed by the Election Act.
After a separate juvenile court has been established, the clerk of the county court shall forthwith transfer to the trial docket of the separate juvenile court all pending matters within the exclusive jurisdiction of the separate juvenile court for consideration and disposition by the judge thereof.
Source
Laws 1959, c. 189, § 2, p. 683;
Laws 1976, LB 669, § 2;
Laws 1977, LB 118, § 1;
Laws 1979, LB 373, § 2;
R.S.Supp.,1980, § 43-229;
Laws 1981, LB 346, § 69;
Laws 1984, LB 973, § 2;
Laws 1994, LB 76, § 553;
Laws 2018, LB193, § 80.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,114 - Judge; nomination; appointment; retention; vacancy.

43-2,114.
Judge; nomination; appointment; retention; vacancy.
All judges of separate juvenile courts shall be nominated, appointed, and retained in office in accordance with the provisions of Article V, section 21, of the Constitution of Nebraska. Each of such judges shall hold office until his or her successor is selected and qualified. Any vacancy in the office of judge of the separate juvenile courts shall be filled by nomination and appointment as provided by Article V, section 21, of the Constitution of Nebraska.
Source
Laws 1963, c. 244, § 1, p. 737;
R.S.1943, (1978), § 43-230.01;
Laws 1981, LB 346, § 71.
Cross References
Judges, retirement, discipline, and general powers, see Chapter 24, article 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,115 - Judge; retention in office; how determined.

43-2,115.
Judge; retention in office; how determined.
After May 6, 1963, the right of any judge of any separate juvenile court to continue in office for another term shall be determined by the electorate in the manner provided by Article V, section 21, of the Constitution of Nebraska and the laws of this state.
Source
Laws 1963, c. 244, § 3, p. 738;
R.S.1943, (1978), § 43-230.03;
Laws 1981, LB 346, § 72.
Cross References
For provisions for retention in office, see sections 24-813 to 24-818.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,116 - Judge; term of office.

43-2,116.
Judge; term of office.
The term of office of judges of any separate juvenile court, who are approved by the electorate, shall be for six years beginning on the first Thursday after the first Tuesday in January following his or her approval by the electorate. Any judge of any separate juvenile court appointed to office after the expiration of the term of incumbent judges shall serve for three full years after his or her appointment and thereafter, if he or she desires to continue in office, shall cause his or her right to continue in office to be submitted to the electorate in the manner provided by law at the first general election held after he or she has served three full years as such judge, and the term of office for which he or she was appointed shall expire on the first Thursday after the first Tuesday of January following the general election at which his or her right to continue in office was subject to approval of the electorate.
Source
Laws 1963, c. 244, § 4, p. 738;
R.S.1943, (1978), § 43-230.04;
Laws 1981, LB 346, § 73.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,117 - Judicial nominating commission; selection; provisions applicable.

43-2,117.
Judicial nominating commission; selection; provisions applicable.
Judicial nominating commissions for the office of judge of the separate juvenile court shall be selected in the manner and subject to all of the terms and provisions of law relating to judicial nominating commissions generally, as provided by the Constitution of Nebraska and the laws of this state.
Source
Laws 1963, c. 244, § 5, p. 738;
R.S.1943, (1978), § 43-230.05;
Laws 1981, LB 346, § 74.
Cross References
For provisions of nominating commission, see sections 24-801 to 24-812.01.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,118 - Judge; qualifications.

43-2,118.
Judge; qualifications.
No person shall be eligible to the office of judge of a separate juvenile court unless he or she (1) is thirty years of age, (2) is a citizen of the United States, (3) has been engaged in the practice of law in the State of Nebraska for at least five years, which may include prior service as a judge, (4) is currently admitted to practice before the Nebraska Supreme Court, and (5) is, on the effective date of appointment, a resident of the district to be served, and remains a resident of such district during the period of service.
Source
Laws 1959, c. 189, § 6, p. 685;
Laws 1979, LB 237, § 4;
R.S.Supp.,1980, § 43-233;
Laws 1981, LB 346, § 75.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,119 - Judges; number; presiding judge.

43-2,119.
Judges; number; presiding judge.
(1) The number of judges of the separate juvenile court in counties which have established a separate juvenile court shall be:
(a) Two judges in counties having seventy-five thousand inhabitants but less than two hundred thousand inhabitants;
(b) Four judges in counties having at least two hundred thousand inhabitants but less than four hundred thousand inhabitants; and
(c) Six judges in counties having four hundred thousand inhabitants or more.
(2) The senior judge in point of service as a juvenile court judge shall be the presiding judge. The judges shall rotate the office of presiding judge every three years unless the judges agree to another system.
Source
Laws 1972, LB 1362, § 1;
Laws 1973, LB 446, § 1;
Laws 1976, LB 669, § 3;
R.S.1943, (1978), § 43-233.01;
Laws 1981, LB 346, § 76;
Laws 1995, LB 19, § 2;
Laws 1998, LB 404, § 3;
Laws 2001, LB 23, § 3;
Laws 2007, LB377, § 4;
Laws 2017, LB10, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,120 - Judge; salary; source of payment.

43-2,120.
Judge; salary; source of payment.
The salary of a judge of a separate juvenile court shall be as provided in section 24-301.01 and shall be paid out of the General Fund of the state.
Source
Laws 1959, c. 189, § 7, p. 685;
Laws 1965, c. 110, § 2, p. 434;
Laws 1974, LB 228, § 2;
Laws 1979, LB 373, § 3;
R.S.Supp.,1980, § 43-234;
Laws 1981, LB 346, § 77.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,121 - Judge; salary increase; when effective.

43-2,121.
Judge; salary increase; when effective.
Sections 24-301.01 and 43-2,120 shall be so interpreted as to effectuate their general purpose to provide, in the public interest, adequate compensation for judges of the separate juvenile courts as soon as such change may become operative under the Constitution of Nebraska.
Source
Laws 1965, c. 110, § 3, p. 434;
R.S.1943, (1978), § 43-234.01;
Laws 1981, LB 346, § 78.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,122 - Clerk; no additional compensation; custodian of seal.

43-2,122.
Clerk; no additional compensation; custodian of seal.
The clerk of the district court in a county having a separate juvenile court shall serve ex officio as clerk of the separate juvenile court. Such clerk shall not receive any additional compensation for performing the duties of such office. He or she shall keep the seal of the court.
Source
Laws 1959, c. 189, § 8, p. 685;
R.S.1943, (1978), § 43-235;
Laws 1981, LB 346, § 79.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,123 - Judge; personal staff; appointment; salary.

43-2,123.
Judge; personal staff; appointment; salary.
Each judge of a separate juvenile court shall appoint his or her own court reporter, bailiff, and other necessary personal staff. Each court reporter shall be well-skilled in the art of stenography and capable of reporting verbatim the oral proceedings had in court. The salaries of the bailiff and other necessary personal staff of the separate juvenile court shall be fixed by the presiding judge, subject to the approval of the board of county commissioners or supervisors, and shall be paid out of the general fund of the county.
Source
Laws 1959, c. 189, § 9, p. 685;
Laws 1973, LB 446, § 2;
R.S.1943, (1978), § 43-236;
Laws 1981, LB 346, § 80;
Laws 1984, LB 13, § 79.
Annotations
Where the parents of a minor child are unfit to have its custody, custody may be properly placed in chief juvenile probation officer. Houghton v. Houghton, 179 Neb. 275, 137 N.W.2d 861 (1965); Hall v. Hall, 178 Neb. 91, 132 N.W.2d 217 (1964).
Separate juvenile court may place child in custody of probation officer where both parents are unfit to have custody. Beck v. Beck, 175 Neb. 108, 120 N.W.2d 585 (1963).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,123.01 - Probation officers; appointment prohibited.

43-2,123.01.
Probation officers; appointment prohibited.
Separate juvenile courts shall be prohibited from appointing juvenile probation officers after December 31, 1984.
Source
Laws 1984, LB 13, § 67.
Cross References
Definitions applicable, see section 29-2246.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,125 - Designation of alternative judge; when authorized.

43-2,125.
Designation of alternative judge; when authorized.
Whenever any judge of a separate juvenile court is disabled or disqualified to act in any cause before him or her or is temporarily absent from the county or whenever it would be beneficial to the administration of justice, a judge of the district court may agree to serve as judge of the separate juvenile court during such period or the Chief Justice of the Supreme Court may designate and appoint a judge of the district court, a judge of another separate juvenile court, or a judge of the county court to serve as judge of the separate juvenile court during such period. The Chief Justice may also appoint a judge of a separate juvenile court to hear juvenile matters in a county court.
Source
Laws 1959, c. 189, § 10, p. 686;
R.S.1943, (1978), § 43-237;
Laws 1981, LB 346, § 82;
Laws 1982, LB 787, § 21;
Laws 1986, LB 516, § 15;
Laws 1993, LB 154, § 1;
Laws 2001, LB 23, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,127 - Abolition; petition; election; transfer of dockets.

43-2,127.
Abolition; petition; election; transfer of dockets.
After a separate juvenile court has been established, the question of whether it should be abolished shall be submitted to the registered voters of any county having adopted same at the first general state election held not less than four months after the filing with the Secretary of State of a petition requesting the abolishment of such court signed by registered voters of such county in a number not less than five percent of the total vote cast for Governor in such county at the statewide general election next preceding the filing of the petition. The question shall be submitted to the registered voters of the county in the following form:
Shall the separate juvenile court in ............... County be abolished?
......... Yes
......... No
The election shall be conducted and the ballots shall be counted and canvassed in the manner prescribed by the Election Act.
If the proposition to abolish a separate juvenile court is carried by a majority of the registered voters voting on the proposition, the jurisdiction, powers, and duties of the separate juvenile court shall cease, and the powers and duties of the county court over juvenile matters shall be reestablished, at the end of the term of the incumbent juvenile judge. After a separate juvenile court has been abolished, the clerk of the county court shall forthwith transfer to the docket of the county court all pending matters theretofore within the exclusive jurisdiction of the separate juvenile court for consideration and disposition by the county court.
Source
Laws 1959, c. 189, § 12, p. 686;
Laws 1979, LB 373, § 4;
R.S.Supp.,1980, § 43-239;
Laws 1981, LB 346, § 84;
Laws 1994, LB 76, § 554.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,128 - Code, how construed.

43-2,128.
Code, how construed.
The Nebraska Juvenile Code shall be liberally construed to the end that its purpose may be carried out as provided in section 43-246.
Source
Laws 1981, LB 346, § 64;
Laws 1985, LB 447, § 34.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2,129 - Code, how cited.

43-2,129.
Code, how cited.
Sections 43-245 to 43-2,129 shall be known and may be cited as the Nebraska Juvenile Code.
Source
Laws 1981, LB 346, § 85;
Laws 1985, LB 447, § 35;
Laws 1989, LB 182, § 19;
Laws 1994, LB 1106, § 8;
Laws 1997, LB 622, § 74;
Laws 1998, LB 1041, § 31;
Laws 1998, LB 1073, § 27;
Laws 2000, LB 1167, § 23;
Laws 2003, LB 43, § 16;
Laws 2006, LB 1115, § 32;
Laws 2008, LB1014, § 42;
Laws 2010, LB800, § 31;
Laws 2011, LB463, § 11;
Laws 2013, LB561, § 25;
Laws 2014, LB464, § 26;
Laws 2015, LB482, § 6;
Laws 2017, LB180, § 2;
Laws 2018, LB990, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-301 - Patrolling; activities authorized.

43-301.
Patrolling; activities authorized.
It shall be lawful for Boy Scout council, board of directors, scout executive, or others having the management or control of Boy Scouts, and those having charge of juniors in similar organizations not organized for pecuniary gain or profit, to permit boys in such organizations to render service patrolling streets or grounds; and to aid in the maintenance of order at public gatherings, such as state, city, fair association, school, or any other gatherings at which it may be deemed expedient to have the service of such boys.
Source
Laws 1923, c. 127, § 1, p. 314;
C.S.1929, § 43-301;
R.S.1943, § 43-301.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-302 - Officials; liability; exemption.

43-302.
Officials; liability; exemption.
Boards, council executives, or others having charge of juveniles mentioned in section 43-301 shall not be liable in damages to said juveniles so employed, or to the parent or guardian, or to any other standing in loco parentis.
Source
Laws 1923, c. 127, § 2, p. 314;
C.S.1929, § 43-302;
R.S.1943, § 43-302.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-401 - Act, how cited.

43-401.
Act, how cited.
Sections 43-401 to 43-431 shall be known and may be cited as the Health and Human Services, Office of Juvenile Services Act.
Source
Laws 1998, LB 1073, § 33;
Laws 2012, LB972, § 4;
Laws 2020, LB1140, § 4;
Laws 2020, LB1188, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-402 - Legislative intent; juvenile justice system; goal.

43-402.
Legislative intent; juvenile justice system; goal.
It is the intent of the Legislature that the juvenile justice system provide individualized accountability and individualized treatment for juveniles in a manner consistent with public safety to those juveniles who violate the law. The juvenile justice system shall also promote prevention efforts which are community-based and involve all sectors of the community. Prevention efforts shall be provided through the support of programs and services designed to meet the needs of those juveniles who are identified as being at risk of violating the law and those whose behavior is such that they endanger themselves or others. The goal of the juvenile justice system shall be to provide a range of programs and services which:
(1) Retain and support juveniles within their homes whenever possible and appropriate;
(2) Provide the least restrictive and most appropriate setting for juveniles while adequately protecting them and the community;
(3) Are community-based and are provided in as close proximity to the juvenile's community as possible and appropriate;
(4) Provide humane, secure, and therapeutic confinement to those juveniles who present a danger to the community;
(5) Provide followup and aftercare services to juveniles when returned to their families or communities to ensure that progress made and behaviors learned are integrated and continued;
(6) Hold juveniles accountable for their unlawful behavior in a manner consistent with their long-term needs, stressing the offender's responsibility to victims and the community;
(7) Base treatment planning and service provision upon an individual evaluation of the juvenile's needs recognizing the importance of meeting the educational needs of the juvenile in the juvenile justice system;
(8) Are family focused and include the juvenile's family in assessment, case planning, treatment, and service provision as appropriate and emphasize parental involvement and accountability in the rehabilitation of their children;
(9) Provide supervision and service coordination, as appropriate, to implement and monitor treatment plans and to prevent reoffending;
(10) Provide integrated service delivery through appropriate linkages to other human service agencies; and
(11) Promote the development and implementation of community-based programs designed to prevent unlawful behavior and to effectively minimize the depth and duration of the juvenile's involvement in the juvenile justice system.
Source
Laws 1994, LB 988, § 9;
R.S.1943, (1994), § 83-925.01;
Laws 1998, LB 1073, § 34;
Laws 1999, LB 594, § 20.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-403 - Terms, defined.

43-403.
Terms, defined.
For purposes of the Health and Human Services, Office of Juvenile Services Act:
(1) Aftercare means the control, supervision, and care exercised over juveniles who have been discharged from commitment;
(2) Committed means an order by a court committing a juvenile to the care and custody of the Office of Juvenile Services for treatment at a youth rehabilitation and treatment center identified in the court order;
(3) Community supervision means the control, supervision, and care exercised over juveniles when a commitment to the level of treatment of a youth rehabilitation and treatment center has not been ordered by the court;
(4) Emergency, for purposes of sections 43-427 to 43-430, means a public health emergency or a situation, including fire, flood, tornado, natural disaster, or damage to a youth rehabilitation and treatment center, that renders the youth rehabilitation and treatment center uninhabitable. Emergency does not include inadequate staffing;
(5) Evaluation means assessment of the juvenile's social, physical, psychological, and educational development and needs, including a recommendation as to an appropriate treatment plan; and
(6) Treatment means the type of supervision, care, and rehabilitative services provided for the juvenile at a youth rehabilitation and treatment center operated by the Office of Juvenile Services.
Source
Laws 1998, LB 1073, § 35;
Laws 2020, LB1140, § 5;
Laws 2020, LB1188, § 2;
Laws 2021, LB273, § 2.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-404 - Office of Juvenile Services; created; powers and duties.

43-404.
Office of Juvenile Services; created; powers and duties.
There is created within the Department of Health and Human Services the Office of Juvenile Services. The office shall have oversight and control of the youth rehabilitation and treatment centers. The Administrator of the Office of Juvenile Services shall be appointed by the chief executive officer of the department or his or her designee and shall be responsible for the administration of the facilities and programs of the office. The department may subcontract with a state agency or private provider to provide services related to the facilities and programs of the Office of Juvenile Services.
Source
Laws 1994, LB 988, § 10;
Laws 1996, LB 1044, § 960;
R.S.Supp.,1996, § 83-925.02;
Laws 1998, LB 1073, § 36;
Laws 2007, LB296, § 109;
Laws 2013, LB561, § 26;
Laws 2020, LB1188, § 3.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-405 - Office of Juvenile Services; administrative duties.

43-405.
Office of Juvenile Services; administrative duties.
The administrative duties of the Office of Juvenile Services are to:
(1) Manage, establish policies for, and administer the office, including all facilities and programs operated by the office or provided through the office by contract with a provider;
(2) Supervise employees of the office, including employees of the facilities and programs operated by the office;
(3) Have separate budgeting procedures and develop and report budget information separately from the Department of Health and Human Services;
(4) Adopt and promulgate rules and regulations for the levels of treatment and for management, control, screening, treatment, rehabilitation, transfer, discharge, and evaluation of juveniles committed to the Office of Juvenile Services;
(5) Ensure that statistical information concerning juveniles committed to facilities of the office is collected, developed, and maintained for purposes of research and the development of treatment programs;
(6) Monitor commitments, placements, and evaluations at facilities and programs operated by the office or through contracts with providers and submit electronically an annual report of its findings to the Legislature. The report shall include an assessment of the administrative costs of operating the facilities, the cost of programming, and the savings realized through reductions in commitments, placements, and evaluations;
(7) Coordinate the programs and services of the juvenile justice system with other governmental agencies and political subdivisions;
(8) Coordinate educational, vocational, and social counseling for juveniles committed to the office; and
(9) Exercise all powers and perform all duties necessary to carry out its responsibilities under the Health and Human Services, Office of Juvenile Services Act.
Source
Laws 1998, LB 1073, § 37;
Laws 2012, LB782, § 44;
Laws 2012, LB972, § 5;
Laws 2012, LB1160, § 12;
Laws 2013, LB222, § 7;
Laws 2013, LB561, § 27;
Laws 2020, LB1188, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-406 - Office of Juvenile Services; individualized treatment plan; case classification and management; requirements.

43-406.
Office of Juvenile Services; individualized treatment plan; case classification and management; requirements.
The Office of Juvenile Services shall utilize:
(1) Evidence-based and validated risk and needs assessment instruments for use in determining the individualized treatment plan for each juvenile committed to the office;
(2) A case classification process to include levels of treatment defined by rules and regulations and case management standards for each level of treatment;
(3) Case management for all juveniles committed to the office; and
(4) A management information system. The system shall be a unified, interdepartmental client information system which supports the management function as well as the service function.
Source
Laws 1994, LB 988, § 15;
Laws 1995, LB 371, § 27;
Laws 1996, LB 1141, § 1;
Laws 1997, LB 307, § 229;
Laws 1997, LB 882, § 12;
R.S.Supp.,1997, § 83-925.07;
Laws 1998, LB 1073, § 38;
Laws 2013, LB561, § 28;
Laws 2020, LB1188, § 5.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-409 - Office of Juvenile Services; access to records; immunity.

43-409.
Office of Juvenile Services; access to records; immunity.
The Office of Juvenile Services shall have access to and may obtain copies of all records pertaining to a juvenile committed to it or placed with it, including, but not limited to, school records, medical records, juvenile court records, probation records, test results, treatment records, evaluations, and examination reports. Any person who, in good faith, furnishes any records or information to the Office of Juvenile Services shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. The owners, officers, directors, employees, or agents of such medical office, school, court, office, corporation, partnership, or other such entity shall not be liable for furnishing such records or information.
Source
Laws 1998, LB 1073, § 41.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-410 - Juvenile absconding; authority to apprehend.

43-410.
Juvenile absconding; authority to apprehend.
(1) Any peace officer or direct care staff member of the Office of Juvenile Services has the authority to apprehend and detain a juvenile who has absconded or is attempting to abscond from commitment to the Office of Juvenile Services and shall cause the juvenile to be returned to the youth rehabilitation and treatment center or an appropriate juvenile detention facility or staff secure juvenile facility.
(2) For purposes of this section, direct care staff member means any staff member charged with the day-to-day care and supervision of juveniles at a youth rehabilitation and treatment center or security staff who has received training in apprehension techniques and procedures.
Source
Laws 1998, LB 1073, § 42;
Laws 2013, LB561, § 31;
Laws 2020, LB1188, § 8.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-411 - Detainers for apprehension and detention; authorized; detention; limitations.

43-411.
Detainers for apprehension and detention; authorized; detention; limitations.
The chief executive officer of the Department of Health and Human Services shall have the authority, and may delegate the authority only to the Administrator of the Office of Juvenile Services and the superintendents of the youth rehabilitation and treatment centers, to issue detainers for the apprehension and detention of juveniles who have absconded from a placement with or commitment to the office. Any peace officer who detains a juvenile on such a detainer shall hold the juvenile in an appropriate facility or program for juveniles until the office can take custody of the juvenile.
Source
Laws 1997, LB 882, § 8;
R.S.Supp.,1997, § 83-925.13;
Laws 1998, LB 1073, § 43;
Laws 1999, LB 522, § 1;
Laws 2007, LB296, § 110.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-412 - Commitment to Office of Juvenile Services; discharge of juvenile; effect of discharge; notice of discharge.

43-412.
Commitment to Office of Juvenile Services; discharge of juvenile; effect of discharge; notice of discharge.
(1) Every juvenile committed to the Office of Juvenile Services pursuant to the Nebraska Juvenile Code shall remain committed until he or she attains the age of nineteen or is legally discharged.
(2) Upon attainment of the age of nineteen or absent a continuing order of intensive supervised probation, discharge of any juvenile pursuant to the rules and regulations shall be a complete release from all penalties incurred by conviction or adjudication of the offense for which he or she was committed.
(3) The Office of Juvenile Services shall provide the committing court, Office of Probation Administration, county attorney, defense attorney, if any, and guardian ad litem, if any, with written notification of the juvenile's discharge within thirty days prior to a juvenile being discharged from the care and custody of the office.
Source
Laws 1901, c. 51, § 11, p. 407;
Laws 1903, c. 69, § 2, p. 369;
R.S.1913, § 7379;
C.S.1922, § 7038;
C.S.1929, § 83-1109;
R.S.1943, § 83-472;
Laws 1969, c. 817, § 80, p. 3111;
Laws 1974, LB 992, § 1;
Laws 1993, LB 31, § 44;
Laws 1994, LB 988, § 35;
Laws 1996, LB 1044, § 956;
R.S.Supp.,1996, § 83-472;
Laws 1998, LB 1073, § 44;
Laws 2011, LB463, § 12;
Laws 2013, LB561, § 32;
Laws 2015, LB605, § 75.
Cross References
Nebraska Juvenile Code, see section 43-2,129.
Annotations
Under former law a commitment hereunder is not for a definite period. State v. Pinkerton, 186 Neb. 225, 182 N.W.2d 198 (1970).
Juvenile court, in committing boy to industrial school, cannot fix definite term of detention. Cohen v. Clark, 107 Neb. 849, 187 N.W. 120 (1922).
A juvenile court's commitment of a juvenile to a youth rehabilitation treatment center does not constitute a discharge within the meaning of section 43-247, and therefore, the juvenile court retains jurisdiction. A juvenile court does not have jurisdiction over the Office of Juvenile Services in placing, managing, or discharging a juvenile committed to a youth rehabilitation treatment center, even though the juvenile court retains jurisdiction of the juvenile. In re Interest of David C., 6 Neb. App. 198, 572 N.W.2d 392 (1997).