Nebraska Statutes 71-926. Subject; custody pending entry of treatment order
(1) At the conclusion of a mental health board hearing under section 71-924 and prior to the entry of a treatment order by the board under section 71-925, the board may (a) order that the subject be retained in custody until the entry of such order and the subject may be admitted for treatment pursuant to such order or (b) order the subject released from custody under such conditions as the board deems necessary and appropriate to prevent the harm described in section 71-908 and to assure the subject’s appearance at a later disposition hearing by the board. A subject shall be retained in custody under this section at the nearest appropriate and available medical facility and shall not be placed in a jail. Each county shall make arrangements with appropriate medical facilities inside or outside the county for such purpose and shall pay the cost of the emergency protective custody of persons from such county in such facilities.
Terms Used In Nebraska Statutes 71-926
- Mental health board: means a board created under section Nebraska Statutes 71-905
- Outpatient treatment: means treatment ordered by a mental health board directing a subject to comply with specified outpatient treatment requirements, including, but not limited to, (1) taking prescribed medication, (2) reporting to a mental health professional or treatment facility for treatment or for monitoring of the subject's condition, or (3) participating in individual or group therapy or educational, rehabilitation, residential, or vocational programs. See Nebraska Statutes 71-909
- Subject: means any person concerning whom a certificate or petition has been filed under the Nebraska Mental Health Commitment Act. See Nebraska Statutes 71-912
- Tribal court: means a court or tribunal authorized by a tribe to adjudicate legal disputes and carry out the administration of justice in accordance with tribal law. See Nebraska Statutes 71-914.01
(2) A subject who has been ordered to receive inpatient or outpatient treatment by a mental health board may be provided treatment while being retained in emergency protective custody and pending admission of the subject for treatment pursuant to such order.
(3)(a) In the case of a subject domiciled within Indian country who is taken into emergency protective custody by a law enforcement officer under tribal law, at the conclusion of a mental health hearing under tribal law and prior to entry of a treatment order by the tribal court, the tribal court may order that the subject be:
(i) Retained in custody until entry of such order and the subject may be admitted for treatment pursuant to such order; or
(ii) Released from custody under such conditions as the tribal court deems necessary and appropriate to prevent harm comparable to that described in section 71-908 or the equivalent under tribal law and to assure the subject’s appearance at a later disposition hearing. A subject shall be retained in custody under this section at the nearest appropriate and available medical facility and shall not be placed in a jail.
(b) Each tribe shall make arrangements with appropriate medical facilities inside or outside the tribe for such purpose and shall make arrangements for payment of the cost of the emergency protective custody of persons from such tribe in such facilities.
(c) A subject who has been ordered to receive inpatient or outpatient treatment pursuant to tribal law may be provided treatment while being retained in emergency protective custody and pending admission of the subject for treatment pursuant to such order.