State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-253

43-253. Temporary custody;investigation; release; when.(1) Upon deliveryto the probation officer of a juvenile who has been taken into temporary custodyunder section 29-401, 43-248, or 43-250, the probation officer shall immediatelyinvestigate the situation of the juvenile and the nature and circumstancesof the events surrounding his or her being taken into custody. Such investigationmay be by informal means when appropriate.(2) The probation officer's decision to release the juvenilefrom custody or place the juvenile in secure or nonsecure detention shallbe based upon the results of the standardized juvenile detention screeninginstrument described in section 43-260.01.(3) No juvenile who has been taken into temporary custodyunder subdivision (1)(c) of section 43-250 shallbe detained in any secure detention facility for longer than twenty-four hours,excluding nonjudicial days, after having been taken into custody unless suchjuvenile has appeared personally before a court of competent jurisdictionfor a hearing to determine if continued detention is necessary. If continuedsecure detention is ordered, such detention shall be in a juvenile detentionfacility, except that a juvenile charged with a felony as an adult in countyor district court may be held in an adult jail as set forth in subdivision (1)(c)(v) of section 43-250.(4) When the probation officer deems it to be in the bestinterests of the juvenile, the probation officer shall immediately releasesuch juvenile to the custody of his or her parent. If the juvenile has botha custodial and a noncustodial parent and the probation officer deems thatrelease of the juvenile to the custodial parent is not in the best interestsof the juvenile, the probation officer shall, if it is deemed to be in thebest interests of the juvenile, attempt to contact the noncustodial parent,if any, of the juvenile and to release the juvenile to such noncustodial parent.If such release is not possible or not deemed to be in the best interestsof the juvenile, the probation officer may release the juvenile to the custodyof a legal guardian, a responsible relative, or another responsible person.(5) The court may admit such juvenile to bail by bond insuch amount and on such conditions and security as the court, in its solediscretion, shall determine, or the court may proceed as provided in section 43-254. In no case shall the court or probation officer release such juvenileif it appears that further detention or placement of such juvenile is a matterof immediate and urgent necessity for the protection of such juvenile or theperson or property of another or if it appears that such juvenile is likelyto flee the jurisdiction of the court. SourceLaws 1981, LB 346, § 9; Laws 1982, LB 787, § 6; Laws 1994, LB 451, § 2; Laws 1998, LB 1073, § 15; Laws 2000, LB 1167, § 15; Laws 2001, LB 451, § 6; Laws 2010, LB800, § 16.Effective Date: July 15, 2010 Cross ReferencesClerk magistrate, authority to determine temporary custody of juvenile, see section 24-519.