Nebraska Statutes 71-964. Subject domiciled in Indian country; state recognition of tribal orders; commitment to treatment facility; procedure
(1) With respect to a subject domiciled in Indian country, the State of Nebraska recognizes tribal hold orders, commitment orders, and emergency protective custody orders to the same extent as those initiated by any county in the state or as otherwise provided in the Nebraska Mental Health Commitment Act. This recognition applies only for purposes of treatment of the subject’s mental illness or substance dependence, including, but not limited to, commitment to and acceptance for treatment at a regional center or any other treatment facility.
Terms Used In Nebraska Statutes 71-964
- Administrator: means the administrator or other chief administrative officer of a treatment facility or his or her designee. See Nebraska Statutes 71-904
- 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.
- Mentally ill: means having a psychiatric disorder that involves a severe or substantial impairment of a person's thought processes, sensory input, mood balance, memory, or ability to reason which substantially interferes with such person's ability to meet the ordinary demands of living or interferes with the safety or well-being of others. See Nebraska Statutes 71-907
- Regional center: means a state hospital for the mentally ill as designated in section Nebraska Statutes 71-911
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- 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
- Treatment facility: means a facility which is licensed to provide services for persons who are mentally ill or substance dependent or both. See Nebraska Statutes 71-914
- 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) If a tribal court finds that a subject domiciled within Indian country is mentally ill and dangerous pursuant to tribal law, such tribal court may order the subject committed to a treatment facility. Such order shall conform to subsection (3) of this section.
(3) The tribal court shall issue a warrant authorizing the administrator of such treatment facility to receive and keep the subject as a patient. The warrant shall state the findings of the tribal court and the legal settlement of the subject, if known, or any available information relating thereto. Such warrant shall shield every official and employee of the treatment facility against all liability to prosecution of any kind on account of the reception and detention of the subject if the detention is otherwise in accordance with law and policies of the treatment facility.
(4) In the case of a subject domiciled within Indian country in Nebraska who is committed for treatment under tribal law as provided in this section, the tribe shall make arrangements for payment of the cost of such treatment services.
(5) This section and the changes made to the Nebraska Mental Health Commitment Act by Laws 2024, LB1288, shall not be construed to affect the jurisdiction of tribal courts or to regulate internal proceedings of tribes or matters of tribal law. The purpose of this section and such changes is to facilitate the treatment and placement of subjects domiciled in Indian country in treatment facilities not operated by tribes.