Nebraska Statutes 71-1117. Petition; where filed; contents; evidentiary rules; applicability
The Attorney General or county attorney may file a petition in the district court of the county in which a subject resides or the county in which an alleged act constituting a threat of harm to others occurs. The petition shall allege that the subject is a person in need of court-ordered custody and treatment and shall contain the following:
Terms Used In Nebraska Statutes 71-1117
- Allegation: something that someone says happened.
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Court: means the district court in which a petition is filed pursuant to the Developmental Disabilities Court-Ordered Custody Act. See Nebraska Statutes 71-1105
- Developmental disability: means a severe, chronic disability, including an intellectual disability, other than mental illness, which:
(1) Is attributable to a mental or physical impairment unless the impairment is solely attributable to a severe emotional disturbance or persistent mental illness. See Nebraska Statutes 71-1107
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Subject: means a person who is named in a petition filed under the Developmental Disabilities Court-Ordered Custody Act. See Nebraska Statutes 71-1114
- Threat of harm to others: means a significant likelihood of substantial harm to others as evidenced by one or more of the following: Having inflicted or attempted to inflict serious bodily injury on another. See Nebraska Statutes 71-1115
- Treatment: means the support and services which will assist a subject to acquire the skills and behaviors needed to function in society so that the subject does not pose a threat of harm to others and is able to cope with his or her personal needs and the demands of his or her environment. See Nebraska Statutes 71-1116
(1) The name and address of the subject, if known;
(2) A statement that the subject is believed to be eighteen years of age or older or that the subject is a juvenile who will become eighteen years of age within ninety days after the date of filing the petition;
(3) The name and address of the subject’s guardian or closest relative, if known;
(4) The name and address of any other person having custody and control of the subject, if known;
(5) A statement that the subject has a developmental disability and poses a threat of harm to others;
(6) The factual basis to support the allegation that the subject has a developmental disability; and
(7) The factual basis to support the allegation that the subject poses a threat of harm to others.
The Nebraska Evidence Rules shall apply to proceedings under the Developmental Disabilities Court-Ordered Custody Act unless otherwise specified.