State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-258

43-258. Preadjudicationphysical and mental evaluation; placement; restrictions; reports; costs.(1) Pending the adjudication of any case under the NebraskaJuvenile Code, the court may order the juvenile examined by a physician, surgeon,psychiatrist, duly authorized community mental health service program, orpsychologist to aid the court in determining (a) a material allegation inthe petition relating to the juvenile's physical or mental condition, (b)the juvenile's competence to participate in the proceedings, (c) the juvenile'sresponsibility for his or her acts, or (d) whether or not to provide emergencymedical treatment.(2) Pending the adjudication of any case under the NebraskaJuvenile Code and after a showing of probable cause that the juvenile is withinthe court's jurisdiction, for the purposes of subsection (1) of this section,the court may order such juvenile to be placed in one of the facilities orinstitutions of the State of Nebraska. Such juvenile shall not be placed inan adult correctional facility, the secure youth confinement facility operatedby the Department of Correctional Services, or a youth rehabilitation andtreatment center. Any placement for evaluation may be made on a residentialor nonresidential basis for a period not to exceed thirty days except as providedby section 43-415. The head of any facility or institution shall make a completeevaluation of the juvenile, including any authorized area of inquiry requestedby the court. Any temporaryplacement of a juvenile made under this section shall be in the least restrictiveenvironment consistent with the best interests of the juvenile and the safetyof the community.(3) Upon completion of the evaluation, the juvenile shallbe returned to the court together with a written report of the results ofthe evaluation. Such report shall include an assessment of the basic needsof the juvenile and recommendations for continuous and long-term care andshall be made to effectuate the purposes in subdivision (1) of section 43-246. The juvenile shall appear before thecourt for a hearing on the report of the evaluation results within ten daysafter the court receives the evaluation.(4) In order to encourage the use of the procedure providedin this section, all costs incurred during the period the juvenile is beingevaluated at a state facility or program funded by the Office of JuvenileServices shall be the responsibility of the state unless otherwise orderedby the court pursuant to section 43-290. The county in which the case is pendingshall be liable only for the cost of delivering the juvenile to the facilityor institution and the cost of returning him or her to the court for disposition. SourceLaws 1981, LB 346, § 14; Laws 1982, LB 787, § 9; Laws 1985, LB 447, § 17; Laws 1987, LB 638, § 3; Laws 1994, LB 988, § 20; Laws 1996, LB 1155, § 9; Laws 1998, LB 1073, § 19; Laws 2010, LB800, § 20.Effective Date: July 15, 2010AnnotationsThis section does not apply to requests for mental and physical examinations after a juvenile has been adjudicated under subsection (3)(a) of section 43-247. In re Interest of Ty M. & Devon M., 265 Neb. 150, 655 N.W.2d 672 (2003).Pursuant to subsection (4) of this section, the Department of Social Services is not required to pay costs for preadjudication evaluation that is conducted at a private facility. In re Interest of Todd T., 249 Neb. 738, 545 N.W.2d 711 (1996).