Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 401 - YOUTH REHABILITATION AND TREATMENT CENTERS › Chapter 2 - DISCIPLINARY AND GRIEVANCE PROCEDURES › Section 401-2-004 - HEARING PROCEDURES

Current through June 17, 2024
A youth charged with committing an offense is scheduled for a
				  hearing no later than seven days, excluding weekends and holidays, after the
				  alleged offense was discovered.
004.01
NOTICE OF HEARING.
A youth charged with committing an
				offense will be notified of the time and place of the hearing on the
				allegations at least 24 hours prior to the hearing, unless waived by the
				youth.
004.02
ATTENDANCE AT HEARING.
A youth charged with committing
				an offense will be allowed to be present at the hearing on the allegations,
				unless the youth waives his or her attendance or the disciplinary committee
				determines the youth's behavior during the hearing justifies
				exclusion.
004.03
DISCIPLINARY COMMITTEE.
Hearings on the allegations
				will be conducted by a disciplinary committee comprised of an impartial person
				or impartial panel of persons. The disciplinary committee will be created as
				required by facility policy.
004.04
STANDARD OF PROOF.
In order for a youth who is charged
				with committing an offense to be guilty, the Disciplinary Committee must
				determine by a preponderance of the evidence that the youth voluntarily,
				intentionally, recklessly or negligently engaged in conduct which constitutes
				the offense charged. The Disciplinary Committee must also determine that the
				youth had notice that the conduct was prohibited by facility policy or state
				statute.
004.05
PRESUMPTION.
If contraband is found in a living unit
				shared by more than one youth, there shall be a presumption that each of those
				youth has knowledge of the presence of the contraband. Each youth charged as a
				result of the discovery of such contraband shall have the burden of coming
				forward with evidence to rebut the presumption.
004.06
AIDDING AND
				ABETTING.
A youth may be charged with committing an offense if it
				is determined by a preponderance of the evidence that the youth knowingly
				commanded, induced, procured, or aided another person in the commission of the
				offense. The fact that the other person has been found free of guilt, has been
				determined guilty of a different offense, has been discharged from employment,
				or has been otherwise restricted from access to the facility is not a
				defense.
004.07
ATTEMPT.
A youth may be found guilty of attempting to
				commit an offense if: acting with the kind of culpability required for
				commission of such offense, the youth engages in conduct which constitutes all
				of the acts necessary for the commission of the offense except its completion;
				or the youth willfully provides substantial and knowing assistance to a person
				attempting to commit an offense; or the youth agrees with one or more persons
				to engage in or cause the performance of such conduct. A youth found guilty of
				an attempt shall be subject to the same penalties which correspond to the
				offense attempted.
004.08
EVIDENCE.
A youth charged with committing an offense
				will have the opportunity during the disciplinary hearing to make a statement
				and present evidence, including calling witnesses who may have relevant
				information.
004.09
ASSISTANCE AT THE HEARING.
A youth may request the
				services of any Youth Rehabilitation and Treatment Center staff member to
				assist them at the disciplinary hearing. The staff member may question relevant
				witnesses on behalf of the youth.
004.09(A)
APPOINTMENT OF ASSISTANCE.
A Youth Rehabilitation and
				Treatment Center staff representative shall be appointed to assist the youth
				with the disciplinary hearing when the disciplinary committee determines the
				youth is not capable of effectively presenting evidence on his or her own
				behalf.