Nebraska Statutes 71-1126. Dispositional hearing; considerations; court order
At the dispositional hearing, the court shall consider the plan submitted pursuant to section 71-1125, the arguments of the parties, and any other relevant evidence. The Nebraska Evidence Rules shall not apply at the dispositional hearing. The plan shall be approved by the court unless it is shown by a preponderance of the evidence that the plan is not the least restrictive alternative for the subject. After the hearing is completed, the court shall issue an order of disposition placing custody of the subject with the department and setting forth the treatment plan for the subject. The court shall establish the duration of the court-ordered custody and treatment of the subject, but such duration under the initial order shall not be longer than one year.
Terms Used In Nebraska Statutes 71-1126
- 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
- Department: means the Department of Health and Human Services. See Nebraska Statutes 71-1106
- 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.
- Least restrictive alternative: means a placement and services provided in a manner no more restrictive of a subject's liberty and no more intrusive than necessary to provide appropriate treatment and protect society. See Nebraska Statutes 71-1109
- Subject: means a person who is named in a petition filed under the Developmental Disabilities Court-Ordered Custody Act. See Nebraska Statutes 71-1114
- 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
- Year: shall mean calendar year. See Nebraska Statutes 49-801