Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Neb. Rev. Stat. § 71-1120 Emergency custody order; expedited hearing.
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If an emergency custody order is issued by the court under section 71-1119, the subject has a right to an expedited hearing to challenge the order. At such hearing, the petitioner has the burden of showing that there is probable cause to continue the emergency custody order. Such…
Neb. Rev. Stat. § 71-1121 Petition and summons; service.
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The petitioner shall cause notice of the petition and summons to be served on the subject, the subject's attorney, if any, the subject's guardian, if any, the subject's closest relative, if known, any other person having custody and control of the subject, if known, and the depar…
Neb. Rev. Stat. § 71-1122 Petition; hearing; procedure; representation by legal counsel.
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When a petition is filed under the Developmental Disabilities Court-Ordered Custody Act, the court shall ensure that the subject is represented by legal counsel and shall set a time and date for a hearing on the petition. The clerk of the court shall provide notice of the date an…
Neb. Rev. Stat. § 71-1123 Subject; response to petition.
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The subject may admit or deny the allegations of the petition or choose to not answer. If the subject denies the allegations of the petition, the court shall proceed to conduct a hearing on the petition. If the subject is unable to understand the nature and possible consequences …
Neb. Rev. Stat. § 71-1124 Burden of proof; court findings; dispositional hearing; when required.
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The petitioner has the burden to prove by clear and convincing evidence that the subject is a person in need of court-ordered custody and treatment. The court shall make specific findings of fact and state its conclusions of law. If after the hearing is complete the court finds t…
Neb. Rev. Stat. § 71-1125 Departmental plan; contents.
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The plan submitted by the department pursuant to section 71-1124 shall include the evaluation and recommendations of an independent mental health professional. The independent mental health professional may have been previously involved in evaluating the subject and advising the …
Neb. Rev. Stat. § 71-1126 Dispositional hearing; considerations; court order.
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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 …
Neb. Rev. Stat. § 71-1127 Court-ordered custody and treatment; annual review hearings; procedure.
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The court shall hold annual review hearings of each order of disposition issued under section 71-1126 prior to the expiration date of such order. Prior to the annual review hearing, the department shall submit an updated plan for custody and treatment of the subject. It shall be …
Neb. Rev. Stat. § 71-1128 Review hearing; when authorized; notice.
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(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 …
Neb. Rev. Stat. § 71-1129 Jurisdiction of court.
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A court which finds a subject to be in need of court-ordered custody and treatment shall have concurrent jurisdiction to hear and decide issues regarding appointment or replacement of a guardian for as long as the subject is in court-ordered custody and treatment.
Transferred to section 38-162.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-1130 Findings under act; effect.
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No findings under the Developmental Disabilities Court-Ordered Custody Act, including a finding that a person is in need of court-ordered custody and treatment, shall lead to a presumption that such person is incompetent to stand trial.
Neb. Rev. Stat. § 71-1131 Costs; payment; public defender; appointment.
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If the subject cannot afford to pay, the county shall pay court costs, costs of emergency custody, and related expenses for a petition filed pursuant to the Developmental Disabilities Court-Ordered Custody Act, including the costs of legal counsel appointed to represent the subje…
Neb. Rev. Stat. § 71-1132 Treatment needs of subject; rights of subject or subject's guardian.
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Jurisdiction of the court under the Developmental Disabilities Court-Ordered Custody Act does not prohibit a subject or a subject's guardian from consenting to medical care or to a more restrictive setting, on a temporary basis, than that ordered by the court to satisfy the treat…
Neb. Rev. Stat. § 71-1133 Juvenile; when subject to act.
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In the case of a juvenile in need of court-ordered custody and treatment, a petitioner may file a petition and begin proceedings under the Developmental Disabilities Court-Ordered Custody Act within ninety days before the juvenile's eighteenth birthday. No order under the act sha…
Neb. Rev. Stat. § 71-1134 Reports.
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(1) The department in collaboration with the Advisory Committee on Developmental Disabilities established under section 83-1212.01 shall submit quarterly reports to the court, all parties of record, and the guardian of any subject in court-ordered custody. (2) The department shal…
Transferred to section 38-164.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 473, § 63.
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[Repealed or reserved.]
Transferred to section 38-168.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 473, § 63.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 473, § 63.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 473, § 63.
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[Repealed or reserved.]
Transferred to section 38-163.
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[Repealed or reserved.]
Transferred to section 38-159.
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[Repealed or reserved.]
Transferred to section 38-160.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Transferred to section 38-169.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-1201 Act, how cited.
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Sections 71-1201 to 71-1226.01 shall be known and may be cited as the Sex Offender Commitment Act.
Neb. Rev. Stat. § 71-1202 Purpose of act.
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The purpose of the Sex Offender Commitment Act is to provide for the court-ordered treatment of sex offenders who have completed their sentences but continue to pose a threat of harm to others. It is the public policy of the State of Nebraska that dangerous sex offenders be encou…
Neb. Rev. Stat. § 71-1203 Terms, defined.
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For purposes of the Sex Offender Commitment Act: (1) The definitions found in sections 71-904.02, 71-904.03, 71-905, 71-906, 71-907, 71-910, 71-911, 71-914.01, 71-914.02, 71-914.03, and 83-174.01 apply; (2) Administrator means the administrator or other chief administrative offic…
Neb. Rev. Stat. § 71-1204 Emergency protective custody; dangerous sex offender determination; written certificate; contents.
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(1) Except as provided in subsection (3) of this section, a mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919, determines that such person is a dangerous sex offender shall execute a written certificate as p…
Neb. Rev. Stat. § 71-1205 Person believes another to be a dangerous sex offender; notify county attorney; petition; when; contents.
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(1) Any person who believes that another person is a dangerous sex offender may communicate such belief to the county attorney. The filing of a certificate by a law enforcement officer under section 71-919 shall be sufficient to communicate such belief. If the county attorney con…
Neb. Rev. Stat. § 71-1206 Mental health board proceedings; commencement; petition; custody of subject; conditions; dismissal; when.
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(1) Mental health board proceedings shall be deemed to have commenced upon the earlier of (a) the filing of a petition under section 71-1205 or (b) notification by the county attorney to the law enforcement officer who took the subject into emergency protective custody under sect…
Neb. Rev. Stat. § 71-1207 Petition; summons; hearing; sheriff; duties; failure to appear; warrant for custody.
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Upon the filing of the petition under section 71-1205, the clerk of the district court shall cause a summons fixing the time and place for a hearing to be prepared and issued to the sheriff for service. The sheriff shall personally serve upon the subject and the subject's legal g…
Neb. Rev. Stat. § 71-1208 Hearing; mental health board; duties.
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(1) A hearing shall be held by the mental health board to determine whether there is clear and convincing evidence that the subject is a dangerous sex offender as alleged in the petition. (2) At the commencement of the hearing, the board shall inquire whether the subject has rece…
Neb. Rev. Stat. § 71-1209 Burden of proof; mental health board; hearing; orders authorized; conditions; rehearing.
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(1) The state has the burden to prove by clear and convincing evidence that (a) the subject is a dangerous sex offender and (b) neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment orde…
Transferred to section 38-170.
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[Repealed or reserved.]
Transferred to section 38-174.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-1210 Subject; custody pending entry of treatment order.
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(1) At the conclusion of a mental health board hearing under section 71-1208 and prior to the entry of a treatment order by the board under section 71-1209, the board may (a) order that the subject be retained in custody until the entry of such order and the subject may be admitt…
Neb. Rev. Stat. § 71-1211 Dangerous sex offender; board; issue warrant; contents; immunity.
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If the mental health board finds the subject to be a dangerous sex offender and commits the subject to the custody of the Department of Health and Human Services to receive inpatient treatment, the department shall secure placement of the subject in an appropriate inpatient treat…
Neb. Rev. Stat. § 71-1212 Inpatient treatment; subject taken to facility; procedure.
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When an order of a mental health board requires inpatient treatment of a subject within a treatment facility, the warrant filed under section 71-1211, together with the findings of the mental health board, shall be delivered to the sheriff of the county who shall execute such war…
Neb. Rev. Stat. § 71-1213 Mental health board; execution of warrants; costs; procedure; subject domiciled in Indian country; transportation to treatment facility; reimbursement.
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(1) If a mental health board issues a warrant for the admission or return of a subject to a treatment facility and funds to pay the expenses thereof are needed in advance, the board shall estimate the probable expense of conveying the subject to the treatment facility, including …
Neb. Rev. Stat. § 71-1214 Treatment order of mental health board; appeal; final order of district court; appeal.
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The subject of a petition or the county attorney may appeal a treatment order of the mental health board under section 71-1209 to the district court. Such appeals shall be de novo on the record. A final order of the district court may be appealed to the Court of Appeals in accord…
Neb. Rev. Stat. § 71-1215 Treatment order; individualized treatment plan; contents; copy; filed; treatment; when commenced.
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(1) Any treatment order entered by a mental health board under section 71-1209 shall include directions for (a) the preparation and implementation of an individualized treatment plan for the subject and (b) documentation and reporting of the subject's progress under such plan. (2…
Neb. Rev. Stat. § 71-1216 Person responsible for subject's individualized treatment plan; periodic progress reports; copies; filed and served.
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The person or entity designated by the mental health board under section 71-1215 to prepare and oversee the subject's individualized treatment plan shall submit periodic reports to the mental health board of the subject's progress under such plan and any modifications to the plan…
Neb. Rev. Stat. § 71-1217 Outpatient treatment provider; duties; investigation by county attorney; warrant for immediate custody of subject; when.
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(1) Any provider of outpatient treatment to a subject ordered by a mental health board to receive such treatment shall report to the board and to the county attorney if (a) the subject is not complying with his or her individualized treatment plan, (b) the subject is not followin…
Neb. Rev. Stat. § 71-1218 Outpatient treatment; hearing by board; warrant for custody of subject; subject's rights; board determination.
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The mental health board shall, upon motion of the county attorney, or may, upon its own motion, hold a hearing to determine whether a subject ordered by the board to receive outpatient treatment can be adequately and safely served by the individualized treatment plan for such sub…
Neb. Rev. Stat. § 71-1219 Mental health board; review hearing; order discharge or change treatment disposition; when.
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(1) Upon the filing of a periodic report under section 71-1216, the subject, the subject's counsel, or the subject's legal guardian or conservator, if any, may request and shall be entitled to a review hearing by the mental health board and to seek from the board an order of disc…
Transferred to section 38-171.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 926, § 65.
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[Repealed or reserved.]