Nebraska Statutes 71-1128. Review hearing; when authorized; notice
(1) If at any time it appears that the subject no longer poses a threat of harm to others, any party may file a motion for a review hearing to be held as soon as practicable. The party filing the motion under this subsection shall have the burden of showing by a preponderance of the evidence that the subject no longer poses a threat of harm to others. If it is shown that the subject no longer poses a threat of harm to others, the court shall enter an order dismissing the case and immediately release the subject.
Terms Used In Nebraska Statutes 71-1128
- 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
- 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.
- 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
(2) If at any time it appears that (a) the plan submitted under section 71-1124 or 71-1127 is not sufficient to protect society or the subject or (b) the circumstances upon which the plan was based have changed significantly, any party may file a motion, to be granted for good cause shown, for a review hearing to be held as soon as practicable. The party filing the motion under this subsection shall have the burden of showing by clear and convincing evidence that the court-ordered custody and treatment of the subject should be modified or vacated.
(3) Upon the filing of a motion for a review hearing pursuant to this section, the department shall immediately provide notice to the Attorney General and the county attorney who filed a petition under section 71-1117 if the proceeding by which the subject is placed in court-ordered custody included evidence of a sex offense as defined in section 83-174.01 or if any prior proceedings resulting in a civil commitment or court-ordered custody included evidence of a sex offense as defined in section 83-174.01.