State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-250

43-250. Temporary custody;disposition; custody requirements.(1) A peace officer who takesa juvenile into temporary custody under section 29-401 or subdivision (1), (4), or (5) of section 43-248 shallimmediately take reasonable measures to notify the juvenile's parent, guardian,custodian, or relative and shall proceed as follows:(a) The peace officer may release a juvenile taken into temporary custody under section 29-401 or subdivision(1) or (4) of section 43-248;(b) The peace officer mayrequire a juvenile takeninto temporary custody under section 29-401 or subdivision (1) or (4) of section 43-248 to appear before the courtof the county in which such juvenile was taken into custody at a time andplace specified in the written notice prepared in triplicate by the peace officer orat the call of the court. The notice shall also contain a concise statementof the reasons such juvenile was taken into custody. The peace officer shalldeliver one copy of the notice to such juvenile and require such juvenileor his or her parent, guardian, other custodian, or relative, or both, tosign a written promise that such signer will appear at the time and placedesignated in the notice. Upon the execution of the promise to appear, thepeace officer shall immediately release such juvenile. The peace officer shall,as soon as practicable, file one copy of the notice with the county attorney or city attorney and, whenrequired by the court,also file a copy of the notice with the courtor the officer appointed by the court for such purpose; or(c) Thepeace officer may retain temporary custody of a juvenile taken into temporary custody under section 29-401 or subdivision (1), (4), or (5) of section 43-248 and deliver the juvenile,if necessary, to the probation officer and communicate all relevantavailable information regarding such juvenile to the probation officer. The probation officer shall determine the need for detentionof the juvenile as provided in section 43-260.01. Upon determining that thejuvenile should be placed in a secure or nonsecure placement and securingplacement in such secure or nonsecure setting by the probation officer, thepeace officer shall implement the probation officer's decision to releaseor to detain and place the juvenile. When secure detention of a juvenile isnecessary, such detention shall occur within a juvenile detention facilityexcept:(i) When a juvenile describedin subdivision (1) or (2) of section 43-247, except for a status offender,is taken into temporary custody within a metropolitan statistical area andwhere no juvenile detention facility is reasonably available, the juvenilemay be delivered, for temporary custody not to exceed six hours, to a securearea of a jail or other facility intended or used for the detention of adultssolely for the purposes of identifying the juvenile and ascertaining his orher health and well-being and for safekeeping while awaiting transport toan appropriate juvenile placement or release to a responsible party;(ii) When a juvenile describedin subdivision (1) or (2) of section 43-247, except for a status offender,is taken into temporary custody outside of a metropolitan statistical areaand where no juvenile detention facility is reasonably available, the juvenilemay be delivered, for temporary custody not to exceed twenty-four hours excludingnonjudicial days and while awaiting an initial court appearance, to a securearea of a jail or other facility intended or used for the detention of adultssolely for the purposes of identifying the juvenile and ascertaining his orher health and well-being and for safekeeping while awaiting transport toan appropriate juvenile placement or release to a responsible party;(iii) Whenever a juvenileis held in a secure area of any jail or other facility intended or used forthe detention of adults, there shall be no verbal, visual, or physical contactbetween the juvenile and any incarcerated adult and there shall be adequatestaff to supervise and monitor the juvenile's activities at all times. Thissubdivision shall not apply to a juvenile charged with a felony as an adultin county or district court if he or she is sixteen years of age or older;(iv) If a juvenile is undersixteen years of age or is a juvenile as described in subdivision (3) of section 43-247, he or she shall not be placed within a secure area of a jail or otherfacility intended or used for the detention of adults;(v) If, within the time limitsspecified in subdivision (1)(c)(i)or (1)(c)(ii) of this section, a felony charge is filed againstthe juvenile as an adult in county or district court, he or she may be securelyheld in a jail or other facility intended or used for the detention of adultsbeyond the specified time limits;(vi) A status offender ornonoffender taken into temporary custody shall not be held in a secure areaof a jail or other facility intended or used for the detention of adults. Until January 1, 2013, a status offender accusedof violating a valid court order may be securely detained in a juvenile detentionfacility longer than twenty-four hours if he or she is afforded a detentionhearing before a court within twenty-four hours, excluding nonjudicial days,and if, prior to a dispositional commitment to secure placement, a publicagency, other than a court or law enforcement agency, is afforded an opportunityto review the juvenile's behavior and possible alternatives to secure placementand has submitted a written report to the court; and(vii) A juvenile describedin subdivision (1) or (2) of section 43-247, except for a status offender,may be held in a secure area of a jail or other facility intended or usedfor the detention of adults for up to six hours before and six hours afterany court appearance.(2) When a juvenile is takeninto temporary custody pursuant to subdivision (2) ofsection 43-248, the peace officer shall deliver the custody of such juvenileto the Department of Health and Human Services which shall make a temporaryplacement of the juvenile in the least restrictive environment consistentwith the best interests of the juvenile as determined by the department. Thedepartment shall supervise such placement and, if necessary, consent to anynecessary emergency medical, psychological, or psychiatric treatment for suchjuvenile. The department shall have no other authority with regard to suchtemporary custody until or unless there is an order by the court placing thejuvenile in the custody of the department. If the peace officer delivers temporarycustody of the juvenile pursuant to this subsection, the peace officershall make a full written report to the county attorney within twenty-fourhours of taking such juvenile into temporary custody. If a court order oftemporary custody is not issued within forty-eight hours of taking the juvenileinto custody, the temporary custody by the department shall terminate andthe juvenile shall be returned to the custody of his or her parent, guardian,custodian, or relative.(3) If the peace officer takesthe juvenile into temporary custody pursuant to subdivision (3) ofsection 43-248, the peace officer may place the juvenile at a mental healthfacility for evaluation and emergency treatment or may deliver the juvenileto the Department of Health and Human Services as provided in subsection (2) of this section. At the timeof the admission or turning the juvenile over to the department, the peaceofficer responsible for taking the juvenile into custody shall execute a writtencertificate as prescribed by the Department of Health and Human Services whichwill indicate that the peace officer believes the juvenile to be mentallyill and dangerous, a summary of the subject's behavior supporting such allegations,and that the harm described in section 71-908 is likely to occur before proceedingsbefore a juvenile court may be invoked to obtain custody of the juvenile.A copy of the certificate shall be forwarded to the county attorney. The peaceofficer shall notify the juvenile's parents, guardian, custodian, or relativeof the juvenile's placement.(4) When ajuvenile is taken into temporary custody pursuant to subdivision (6) of section 43-248, the peace officer shall deliver the juvenile to the enrolled schoolof such juvenile.(5) A juvenile taken into custody pursuant toa legal warrant of arrest shall be delivered to a probationofficer who shall determine the need for detention of the juvenile as providedin section 43-260.01. If detention is not required, the juvenile may be releasedwithout bond if such release is in the best interests of the juvenile, thesafety of the community is not at risk, and the court that issued the warrantis notified that the juvenile had been taken into custody and was released.(6) Indetermining the appropriate temporary placement of a juvenile under this section,the peace officer shall select the placement which is least restrictive ofthe juvenile's freedom so long as such placement is compatible with the bestinterests of the juvenile and the safety of the community. SourceLaws 1981, LB 346, § 6; Laws 1982, LB 787, § 4; Laws 1985, LB 447, § 14; Laws 1988, LB 790, § 24; Laws 1996, LB 1044, § 128; Laws 1997, LB 622, § 65; Laws 1998, LB 1073, § 13; Laws 2000, LB 1167, § 12; Laws 2001, LB 451, § 5; Laws 2003, LB 43, § 12; Laws 2004, LB 1083, § 94; Laws 2009, LB63, § 29; Laws 2010, LB771, § 18; Laws 2010, LB800, § 15.Effective Date: July 15, 2010Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB771, section 18, with LB800, section 15, to reflect all amendments.AnnotationsThe intent of this section was and is to ensure that a juvenile's due process rights are not violated by providing that parents will be notified after the juvenile is taken into custody. The potential injury contemplated by this section is the violation of the juvenile's due process right to have his or her parents notified prior to a dispositional proceeding. It is not the intent of this section to protect juveniles from harming themselves after being released by law enforcement, nor is there any indication that the Legislature intended to create a civil remedy for its violation. Claypool v. Hibberd, 261 Neb. 818, 626 N.W.2d 539 (2001).The information upon which the State seeks an ex parte temporary detention order under the provisions of this section shall be contained in the affidavit of one who has knowledge of the relevant facts; such affidavit shall be presented to the juvenile court and made a part of the record of the proceedings, and the affected juvenile's parent shall be given prompt notice of the order. The State's failure to comply with the statutory requirements relating to the entry of an ex parte temporary detention order under the provisions of this section does not deprive the juvenile court of jurisdiction. In re Interest of R.G., 238 Neb. 405, 470 N.W.2d 780 (1991).Failure to immediately take reasonable measures, as provided in this section, to notify a parent that temporary custody has been taken of a juvenile pursuant to section 43-248 does not deprive the juvenile court of jurisdiction. In re Interest of S.S.L., 219 Neb. 911, 367 N.W.2d 710 (1985).The burden is upon the State to allege and prove in a detention hearing that the juvenile court should not place children with their other natural parent after the expiration of the first 48 hours of emergency detention under subsection (4) of this section during a period of temporary detention pending adjudication spawned by allegations under subsection (3)(a) of section 43‑247 against their custodial parent. In re Interest of Stephanie H. et al., 10 Neb. App. 908, 639 N.W.2d 668 (2002).

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-250

43-250. Temporary custody;disposition; custody requirements.(1) A peace officer who takesa juvenile into temporary custody under section 29-401 or subdivision (1), (4), or (5) of section 43-248 shallimmediately take reasonable measures to notify the juvenile's parent, guardian,custodian, or relative and shall proceed as follows:(a) The peace officer may release a juvenile taken into temporary custody under section 29-401 or subdivision(1) or (4) of section 43-248;(b) The peace officer mayrequire a juvenile takeninto temporary custody under section 29-401 or subdivision (1) or (4) of section 43-248 to appear before the courtof the county in which such juvenile was taken into custody at a time andplace specified in the written notice prepared in triplicate by the peace officer orat the call of the court. The notice shall also contain a concise statementof the reasons such juvenile was taken into custody. The peace officer shalldeliver one copy of the notice to such juvenile and require such juvenileor his or her parent, guardian, other custodian, or relative, or both, tosign a written promise that such signer will appear at the time and placedesignated in the notice. Upon the execution of the promise to appear, thepeace officer shall immediately release such juvenile. The peace officer shall,as soon as practicable, file one copy of the notice with the county attorney or city attorney and, whenrequired by the court,also file a copy of the notice with the courtor the officer appointed by the court for such purpose; or(c) Thepeace officer may retain temporary custody of a juvenile taken into temporary custody under section 29-401 or subdivision (1), (4), or (5) of section 43-248 and deliver the juvenile,if necessary, to the probation officer and communicate all relevantavailable information regarding such juvenile to the probation officer. The probation officer shall determine the need for detentionof the juvenile as provided in section 43-260.01. Upon determining that thejuvenile should be placed in a secure or nonsecure placement and securingplacement in such secure or nonsecure setting by the probation officer, thepeace officer shall implement the probation officer's decision to releaseor to detain and place the juvenile. When secure detention of a juvenile isnecessary, such detention shall occur within a juvenile detention facilityexcept:(i) When a juvenile describedin subdivision (1) or (2) of section 43-247, except for a status offender,is taken into temporary custody within a metropolitan statistical area andwhere no juvenile detention facility is reasonably available, the juvenilemay be delivered, for temporary custody not to exceed six hours, to a securearea of a jail or other facility intended or used for the detention of adultssolely for the purposes of identifying the juvenile and ascertaining his orher health and well-being and for safekeeping while awaiting transport toan appropriate juvenile placement or release to a responsible party;(ii) When a juvenile describedin subdivision (1) or (2) of section 43-247, except for a status offender,is taken into temporary custody outside of a metropolitan statistical areaand where no juvenile detention facility is reasonably available, the juvenilemay be delivered, for temporary custody not to exceed twenty-four hours excludingnonjudicial days and while awaiting an initial court appearance, to a securearea of a jail or other facility intended or used for the detention of adultssolely for the purposes of identifying the juvenile and ascertaining his orher health and well-being and for safekeeping while awaiting transport toan appropriate juvenile placement or release to a responsible party;(iii) Whenever a juvenileis held in a secure area of any jail or other facility intended or used forthe detention of adults, there shall be no verbal, visual, or physical contactbetween the juvenile and any incarcerated adult and there shall be adequatestaff to supervise and monitor the juvenile's activities at all times. Thissubdivision shall not apply to a juvenile charged with a felony as an adultin county or district court if he or she is sixteen years of age or older;(iv) If a juvenile is undersixteen years of age or is a juvenile as described in subdivision (3) of section 43-247, he or she shall not be placed within a secure area of a jail or otherfacility intended or used for the detention of adults;(v) If, within the time limitsspecified in subdivision (1)(c)(i)or (1)(c)(ii) of this section, a felony charge is filed againstthe juvenile as an adult in county or district court, he or she may be securelyheld in a jail or other facility intended or used for the detention of adultsbeyond the specified time limits;(vi) A status offender ornonoffender taken into temporary custody shall not be held in a secure areaof a jail or other facility intended or used for the detention of adults. Until January 1, 2013, a status offender accusedof violating a valid court order may be securely detained in a juvenile detentionfacility longer than twenty-four hours if he or she is afforded a detentionhearing before a court within twenty-four hours, excluding nonjudicial days,and if, prior to a dispositional commitment to secure placement, a publicagency, other than a court or law enforcement agency, is afforded an opportunityto review the juvenile's behavior and possible alternatives to secure placementand has submitted a written report to the court; and(vii) A juvenile describedin subdivision (1) or (2) of section 43-247, except for a status offender,may be held in a secure area of a jail or other facility intended or usedfor the detention of adults for up to six hours before and six hours afterany court appearance.(2) When a juvenile is takeninto temporary custody pursuant to subdivision (2) ofsection 43-248, the peace officer shall deliver the custody of such juvenileto the Department of Health and Human Services which shall make a temporaryplacement of the juvenile in the least restrictive environment consistentwith the best interests of the juvenile as determined by the department. Thedepartment shall supervise such placement and, if necessary, consent to anynecessary emergency medical, psychological, or psychiatric treatment for suchjuvenile. The department shall have no other authority with regard to suchtemporary custody until or unless there is an order by the court placing thejuvenile in the custody of the department. If the peace officer delivers temporarycustody of the juvenile pursuant to this subsection, the peace officershall make a full written report to the county attorney within twenty-fourhours of taking such juvenile into temporary custody. If a court order oftemporary custody is not issued within forty-eight hours of taking the juvenileinto custody, the temporary custody by the department shall terminate andthe juvenile shall be returned to the custody of his or her parent, guardian,custodian, or relative.(3) If the peace officer takesthe juvenile into temporary custody pursuant to subdivision (3) ofsection 43-248, the peace officer may place the juvenile at a mental healthfacility for evaluation and emergency treatment or may deliver the juvenileto the Department of Health and Human Services as provided in subsection (2) of this section. At the timeof the admission or turning the juvenile over to the department, the peaceofficer responsible for taking the juvenile into custody shall execute a writtencertificate as prescribed by the Department of Health and Human Services whichwill indicate that the peace officer believes the juvenile to be mentallyill and dangerous, a summary of the subject's behavior supporting such allegations,and that the harm described in section 71-908 is likely to occur before proceedingsbefore a juvenile court may be invoked to obtain custody of the juvenile.A copy of the certificate shall be forwarded to the county attorney. The peaceofficer shall notify the juvenile's parents, guardian, custodian, or relativeof the juvenile's placement.(4) When ajuvenile is taken into temporary custody pursuant to subdivision (6) of section 43-248, the peace officer shall deliver the juvenile to the enrolled schoolof such juvenile.(5) A juvenile taken into custody pursuant toa legal warrant of arrest shall be delivered to a probationofficer who shall determine the need for detention of the juvenile as providedin section 43-260.01. If detention is not required, the juvenile may be releasedwithout bond if such release is in the best interests of the juvenile, thesafety of the community is not at risk, and the court that issued the warrantis notified that the juvenile had been taken into custody and was released.(6) Indetermining the appropriate temporary placement of a juvenile under this section,the peace officer shall select the placement which is least restrictive ofthe juvenile's freedom so long as such placement is compatible with the bestinterests of the juvenile and the safety of the community. SourceLaws 1981, LB 346, § 6; Laws 1982, LB 787, § 4; Laws 1985, LB 447, § 14; Laws 1988, LB 790, § 24; Laws 1996, LB 1044, § 128; Laws 1997, LB 622, § 65; Laws 1998, LB 1073, § 13; Laws 2000, LB 1167, § 12; Laws 2001, LB 451, § 5; Laws 2003, LB 43, § 12; Laws 2004, LB 1083, § 94; Laws 2009, LB63, § 29; Laws 2010, LB771, § 18; Laws 2010, LB800, § 15.Effective Date: July 15, 2010Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB771, section 18, with LB800, section 15, to reflect all amendments.AnnotationsThe intent of this section was and is to ensure that a juvenile's due process rights are not violated by providing that parents will be notified after the juvenile is taken into custody. The potential injury contemplated by this section is the violation of the juvenile's due process right to have his or her parents notified prior to a dispositional proceeding. It is not the intent of this section to protect juveniles from harming themselves after being released by law enforcement, nor is there any indication that the Legislature intended to create a civil remedy for its violation. Claypool v. Hibberd, 261 Neb. 818, 626 N.W.2d 539 (2001).The information upon which the State seeks an ex parte temporary detention order under the provisions of this section shall be contained in the affidavit of one who has knowledge of the relevant facts; such affidavit shall be presented to the juvenile court and made a part of the record of the proceedings, and the affected juvenile's parent shall be given prompt notice of the order. The State's failure to comply with the statutory requirements relating to the entry of an ex parte temporary detention order under the provisions of this section does not deprive the juvenile court of jurisdiction. In re Interest of R.G., 238 Neb. 405, 470 N.W.2d 780 (1991).Failure to immediately take reasonable measures, as provided in this section, to notify a parent that temporary custody has been taken of a juvenile pursuant to section 43-248 does not deprive the juvenile court of jurisdiction. In re Interest of S.S.L., 219 Neb. 911, 367 N.W.2d 710 (1985).The burden is upon the State to allege and prove in a detention hearing that the juvenile court should not place children with their other natural parent after the expiration of the first 48 hours of emergency detention under subsection (4) of this section during a period of temporary detention pending adjudication spawned by allegations under subsection (3)(a) of section 43‑247 against their custodial parent. In re Interest of Stephanie H. et al., 10 Neb. App. 908, 639 N.W.2d 668 (2002).

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-250

43-250. Temporary custody;disposition; custody requirements.(1) A peace officer who takesa juvenile into temporary custody under section 29-401 or subdivision (1), (4), or (5) of section 43-248 shallimmediately take reasonable measures to notify the juvenile's parent, guardian,custodian, or relative and shall proceed as follows:(a) The peace officer may release a juvenile taken into temporary custody under section 29-401 or subdivision(1) or (4) of section 43-248;(b) The peace officer mayrequire a juvenile takeninto temporary custody under section 29-401 or subdivision (1) or (4) of section 43-248 to appear before the courtof the county in which such juvenile was taken into custody at a time andplace specified in the written notice prepared in triplicate by the peace officer orat the call of the court. The notice shall also contain a concise statementof the reasons such juvenile was taken into custody. The peace officer shalldeliver one copy of the notice to such juvenile and require such juvenileor his or her parent, guardian, other custodian, or relative, or both, tosign a written promise that such signer will appear at the time and placedesignated in the notice. Upon the execution of the promise to appear, thepeace officer shall immediately release such juvenile. The peace officer shall,as soon as practicable, file one copy of the notice with the county attorney or city attorney and, whenrequired by the court,also file a copy of the notice with the courtor the officer appointed by the court for such purpose; or(c) Thepeace officer may retain temporary custody of a juvenile taken into temporary custody under section 29-401 or subdivision (1), (4), or (5) of section 43-248 and deliver the juvenile,if necessary, to the probation officer and communicate all relevantavailable information regarding such juvenile to the probation officer. The probation officer shall determine the need for detentionof the juvenile as provided in section 43-260.01. Upon determining that thejuvenile should be placed in a secure or nonsecure placement and securingplacement in such secure or nonsecure setting by the probation officer, thepeace officer shall implement the probation officer's decision to releaseor to detain and place the juvenile. When secure detention of a juvenile isnecessary, such detention shall occur within a juvenile detention facilityexcept:(i) When a juvenile describedin subdivision (1) or (2) of section 43-247, except for a status offender,is taken into temporary custody within a metropolitan statistical area andwhere no juvenile detention facility is reasonably available, the juvenilemay be delivered, for temporary custody not to exceed six hours, to a securearea of a jail or other facility intended or used for the detention of adultssolely for the purposes of identifying the juvenile and ascertaining his orher health and well-being and for safekeeping while awaiting transport toan appropriate juvenile placement or release to a responsible party;(ii) When a juvenile describedin subdivision (1) or (2) of section 43-247, except for a status offender,is taken into temporary custody outside of a metropolitan statistical areaand where no juvenile detention facility is reasonably available, the juvenilemay be delivered, for temporary custody not to exceed twenty-four hours excludingnonjudicial days and while awaiting an initial court appearance, to a securearea of a jail or other facility intended or used for the detention of adultssolely for the purposes of identifying the juvenile and ascertaining his orher health and well-being and for safekeeping while awaiting transport toan appropriate juvenile placement or release to a responsible party;(iii) Whenever a juvenileis held in a secure area of any jail or other facility intended or used forthe detention of adults, there shall be no verbal, visual, or physical contactbetween the juvenile and any incarcerated adult and there shall be adequatestaff to supervise and monitor the juvenile's activities at all times. Thissubdivision shall not apply to a juvenile charged with a felony as an adultin county or district court if he or she is sixteen years of age or older;(iv) If a juvenile is undersixteen years of age or is a juvenile as described in subdivision (3) of section 43-247, he or she shall not be placed within a secure area of a jail or otherfacility intended or used for the detention of adults;(v) If, within the time limitsspecified in subdivision (1)(c)(i)or (1)(c)(ii) of this section, a felony charge is filed againstthe juvenile as an adult in county or district court, he or she may be securelyheld in a jail or other facility intended or used for the detention of adultsbeyond the specified time limits;(vi) A status offender ornonoffender taken into temporary custody shall not be held in a secure areaof a jail or other facility intended or used for the detention of adults. Until January 1, 2013, a status offender accusedof violating a valid court order may be securely detained in a juvenile detentionfacility longer than twenty-four hours if he or she is afforded a detentionhearing before a court within twenty-four hours, excluding nonjudicial days,and if, prior to a dispositional commitment to secure placement, a publicagency, other than a court or law enforcement agency, is afforded an opportunityto review the juvenile's behavior and possible alternatives to secure placementand has submitted a written report to the court; and(vii) A juvenile describedin subdivision (1) or (2) of section 43-247, except for a status offender,may be held in a secure area of a jail or other facility intended or usedfor the detention of adults for up to six hours before and six hours afterany court appearance.(2) When a juvenile is takeninto temporary custody pursuant to subdivision (2) ofsection 43-248, the peace officer shall deliver the custody of such juvenileto the Department of Health and Human Services which shall make a temporaryplacement of the juvenile in the least restrictive environment consistentwith the best interests of the juvenile as determined by the department. Thedepartment shall supervise such placement and, if necessary, consent to anynecessary emergency medical, psychological, or psychiatric treatment for suchjuvenile. The department shall have no other authority with regard to suchtemporary custody until or unless there is an order by the court placing thejuvenile in the custody of the department. If the peace officer delivers temporarycustody of the juvenile pursuant to this subsection, the peace officershall make a full written report to the county attorney within twenty-fourhours of taking such juvenile into temporary custody. If a court order oftemporary custody is not issued within forty-eight hours of taking the juvenileinto custody, the temporary custody by the department shall terminate andthe juvenile shall be returned to the custody of his or her parent, guardian,custodian, or relative.(3) If the peace officer takesthe juvenile into temporary custody pursuant to subdivision (3) ofsection 43-248, the peace officer may place the juvenile at a mental healthfacility for evaluation and emergency treatment or may deliver the juvenileto the Department of Health and Human Services as provided in subsection (2) of this section. At the timeof the admission or turning the juvenile over to the department, the peaceofficer responsible for taking the juvenile into custody shall execute a writtencertificate as prescribed by the Department of Health and Human Services whichwill indicate that the peace officer believes the juvenile to be mentallyill and dangerous, a summary of the subject's behavior supporting such allegations,and that the harm described in section 71-908 is likely to occur before proceedingsbefore a juvenile court may be invoked to obtain custody of the juvenile.A copy of the certificate shall be forwarded to the county attorney. The peaceofficer shall notify the juvenile's parents, guardian, custodian, or relativeof the juvenile's placement.(4) When ajuvenile is taken into temporary custody pursuant to subdivision (6) of section 43-248, the peace officer shall deliver the juvenile to the enrolled schoolof such juvenile.(5) A juvenile taken into custody pursuant toa legal warrant of arrest shall be delivered to a probationofficer who shall determine the need for detention of the juvenile as providedin section 43-260.01. If detention is not required, the juvenile may be releasedwithout bond if such release is in the best interests of the juvenile, thesafety of the community is not at risk, and the court that issued the warrantis notified that the juvenile had been taken into custody and was released.(6) Indetermining the appropriate temporary placement of a juvenile under this section,the peace officer shall select the placement which is least restrictive ofthe juvenile's freedom so long as such placement is compatible with the bestinterests of the juvenile and the safety of the community. SourceLaws 1981, LB 346, § 6; Laws 1982, LB 787, § 4; Laws 1985, LB 447, § 14; Laws 1988, LB 790, § 24; Laws 1996, LB 1044, § 128; Laws 1997, LB 622, § 65; Laws 1998, LB 1073, § 13; Laws 2000, LB 1167, § 12; Laws 2001, LB 451, § 5; Laws 2003, LB 43, § 12; Laws 2004, LB 1083, § 94; Laws 2009, LB63, § 29; Laws 2010, LB771, § 18; Laws 2010, LB800, § 15.Effective Date: July 15, 2010Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB771, section 18, with LB800, section 15, to reflect all amendments.AnnotationsThe intent of this section was and is to ensure that a juvenile's due process rights are not violated by providing that parents will be notified after the juvenile is taken into custody. The potential injury contemplated by this section is the violation of the juvenile's due process right to have his or her parents notified prior to a dispositional proceeding. It is not the intent of this section to protect juveniles from harming themselves after being released by law enforcement, nor is there any indication that the Legislature intended to create a civil remedy for its violation. Claypool v. Hibberd, 261 Neb. 818, 626 N.W.2d 539 (2001).The information upon which the State seeks an ex parte temporary detention order under the provisions of this section shall be contained in the affidavit of one who has knowledge of the relevant facts; such affidavit shall be presented to the juvenile court and made a part of the record of the proceedings, and the affected juvenile's parent shall be given prompt notice of the order. The State's failure to comply with the statutory requirements relating to the entry of an ex parte temporary detention order under the provisions of this section does not deprive the juvenile court of jurisdiction. In re Interest of R.G., 238 Neb. 405, 470 N.W.2d 780 (1991).Failure to immediately take reasonable measures, as provided in this section, to notify a parent that temporary custody has been taken of a juvenile pursuant to section 43-248 does not deprive the juvenile court of jurisdiction. In re Interest of S.S.L., 219 Neb. 911, 367 N.W.2d 710 (1985).The burden is upon the State to allege and prove in a detention hearing that the juvenile court should not place children with their other natural parent after the expiration of the first 48 hours of emergency detention under subsection (4) of this section during a period of temporary detention pending adjudication spawned by allegations under subsection (3)(a) of section 43‑247 against their custodial parent. In re Interest of Stephanie H. et al., 10 Neb. App. 908, 639 N.W.2d 668 (2002).

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