Nebraska Statutes 43-281. Adjudication of jurisdiction; evaluation; restrictions on placement; copy of report or evaluation
(1) Following an adjudication of jurisdiction and prior to final disposition, the court may provide for evaluation of a juvenile as provided in this section.
Terms Used In Nebraska Statutes 43-281
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) If the adjudication of jurisdiction is not under subdivision (1), (2), (3)(b), or (4) of section 43-247, the court may place the juvenile with the Office of Juvenile Services or the Department of Health and Human Services for evaluation. The office or department shall arrange and pay for an appropriate evaluation if the office or department determines that there are no parental funds or private or public insurance available to pay for such evaluation.
(3)(a) If the adjudication of jurisdiction is under subdivision (1), (2), (3)(b), or (4) of section 43-247, the court may order an evaluation to be arranged by the Office of Probation Administration.
(b) For a juvenile in detention, the court shall order that such evaluation be completed and the juvenile returned to the court within twenty-one days after the evaluation.
(c) For a juvenile who is not in detention, the evaluation shall be completed and the juvenile returned to the court within thirty days.
(d) The physician, psychologist, licensed mental health practitioner, professional counselor holding a privilege to practice in Nebraska under the Licensed Professional Counselors Interstate Compact, licensed drug and alcohol counselor, or other provider responsible for completing the evaluation shall have up to ten days to complete the evaluation after receiving the referral authorizing the evaluation.
(4) A juvenile pending evaluation ordered under this section shall not reside in a detention facility at the time of the evaluation or while waiting for the completed evaluation to be returned to the court unless detention of such juvenile is a matter of immediate and urgent necessity for the protection of such juvenile or the person or property of another or if it appears that such juvenile is likely to flee the jurisdiction of the court.
(5) The court shall provide copies of predisposition reports and evaluations of the juvenile to the juvenile’s attorney and the county attorney or city attorney prior to any hearing in which the report or evaluation will be relied upon.