Current with changes through the 2024 First Special Legislative Session
Section 43-251.01 - Juveniles; placements and commitments; restrictionsAll placements and commitments of juveniles for evaluations or as temporary or final dispositions are subject to the following:
(1) No juvenile shall be confined in an adult correctional facility as a disposition of the court;(2) A juvenile who is found to be a juvenile as described in subdivision (3) of section 43-247 shall not be placed in an adult correctional facility, the secure youth confinement facility operated by the Department of Correctional Services, or a youth rehabilitation and treatment center or committed to the Office of Juvenile Services;(3) A juvenile who is found to be a juvenile as described in subdivision (1), (2), or (4) of section 43-247 shall not be assigned or transferred to an adult correctional facility or the secure youth confinement facility operated by the Department of Correctional Services;(4) A juvenile under the age of fourteen years shall not be placed with or committed to a youth rehabilitation and treatment center;(5)(a) A juvenile shall not be detained unless the physical safety of persons in the community would be seriously threatened or detention is necessary to secure the presence of the juvenile at the next hearing, as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the last twelve months;(b) A child twelve years of age or younger shall not be placed in detention under any circumstances; and(c) A juvenile shall not be placed into detention:(i) To allow a parent or guardian to avoid his or her legal responsibility;(ii) To punish, treat, or rehabilitate such juvenile;(iii) To permit more convenient administrative access to such juvenile;(iv) To facilitate further interrogation or investigation; or(v) Due to a lack of more appropriate facilities except in case of an emergency as provided in section 43-430;(6) A juvenile alleged to be a juvenile as described in subdivision (3) of section 43-247 shall not be placed in a juvenile detention facility, including a wing labeled as staff secure at such facility, unless the designated staff secure portion of the facility fully complies with subdivision (5) of section 83-4,125 and the ingress and egress to the facility are restricted solely through staff supervision; and(7) A juvenile alleged to be a juvenile as described in subdivision (1), (2), (3)(b), or (4) of section 43-247 shall not be placed out of his or her home as a dispositional order of the court unless: (a) All available community-based resources have been exhausted to assist the juvenile and his or her family; and(b) Maintaining the juvenile in the home presents a significant risk of harm to the juvenile or community.Neb. Rev. Stat. §§ 43-251.01
Laws 1998, LB 1073, § 25; Laws 2012, LB 972, § 1; Laws 2013, LB 561, § 10; Laws 2015, LB 482, § 1; Laws 2016, LB 894, § 6; Laws 2018, LB 670, § 3; Laws 2020, LB 1140, § 3; Laws 2024, LB 1051, § 9.Amended by Laws 2024, LB 1051,§ 9, eff. 7/19/2024.Amended by Laws 2020, LB 1140,§ 3, eff. 8/7/2020.Amended by Laws 2018, LB 670,§ 3, eff. 4/24/2018.Amended by Laws 2016, LB 894,§ 6, eff. 7/21/2016.Amended by Laws 2015, LB 482,§ 1, eff. 8/30/2015.