State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-278

43-278. Adjudicationhearing; held within ninety days after petition is filed; additional reviews;telephonic or videoconference hearing;authorized.Except as provided in sections 43-254.01and 43-277.01, all cases filed under subdivision (3) of section 43-247 shallhave an adjudication hearing not more than ninety days after a petition isfiled. Upon a showing of good cause, the court may continue the case beyondthe ninety-day period. The court shall also review every case filed undersuch subdivision which has been adjudicated or transferred to it for dispositionnot less than once every six months. All communications, notices, orders,authorizations, and requests authorized or required in the Nebraska JuvenileCode; all nonevidentiary hearings;and any evidentiary hearings approved by the court and by stipulation of allparties may be heard by the court telephonically or by videoconferencing ina manner that ensures the preservation of an accurate record. All of the orders generated by way ofa telephonic or videoconference hearingshall be recorded as if the judge were conducting a hearing on the record.Telephonic and videoconference hearingsallowed under this section shall not be in conflict with section 24-734. SourceLaws 1981, LB 346, § 34; Laws 1992, LB 1184, § 13; Laws 1997, LB 622, § 71; Laws 2010, LB800, § 22.Effective Date: July 15, 2010AnnotationsThis section and section 43-271 confer a statutory right to a prompt adjudication hearing to all juveniles within section 43-247(1), (2), (3)(b), and (4). This section and section 43-271 are directory and do not require absolute discharge of a juvenile not adjudicated within the prescribed time period. In re Interest of Brandy M. et al., 250 Neb. 510, 550 N.W.2d 17 (1996).The statutory provision requiring that an adjudication hearing be held within six months after a juvenile petition is filed is directory, not mandatory. In re Interest of C.P., 235 Neb. 276, 455 N.W.2d 138 (1990).Section 43-271 provides a statutory right to a prompt adjudication hearing for all juveniles, but absolute discharge for the State's failure to comply with the 6-month period is not mandated and is within the discretion of the juvenile court, taking into consideration the best interests of the juvenile, the factors set forth in section 43-271 and this section, the right of the juvenile to a prompt and fair adjudication, and the future treatment and rehabilitation of the juvenile in the event of an adjudication. In re Interest of Britny S., 11 Neb. App. 704, 659 N.W.2d 831 (2003).

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-278

43-278. Adjudicationhearing; held within ninety days after petition is filed; additional reviews;telephonic or videoconference hearing;authorized.Except as provided in sections 43-254.01and 43-277.01, all cases filed under subdivision (3) of section 43-247 shallhave an adjudication hearing not more than ninety days after a petition isfiled. Upon a showing of good cause, the court may continue the case beyondthe ninety-day period. The court shall also review every case filed undersuch subdivision which has been adjudicated or transferred to it for dispositionnot less than once every six months. All communications, notices, orders,authorizations, and requests authorized or required in the Nebraska JuvenileCode; all nonevidentiary hearings;and any evidentiary hearings approved by the court and by stipulation of allparties may be heard by the court telephonically or by videoconferencing ina manner that ensures the preservation of an accurate record. All of the orders generated by way ofa telephonic or videoconference hearingshall be recorded as if the judge were conducting a hearing on the record.Telephonic and videoconference hearingsallowed under this section shall not be in conflict with section 24-734. SourceLaws 1981, LB 346, § 34; Laws 1992, LB 1184, § 13; Laws 1997, LB 622, § 71; Laws 2010, LB800, § 22.Effective Date: July 15, 2010AnnotationsThis section and section 43-271 confer a statutory right to a prompt adjudication hearing to all juveniles within section 43-247(1), (2), (3)(b), and (4). This section and section 43-271 are directory and do not require absolute discharge of a juvenile not adjudicated within the prescribed time period. In re Interest of Brandy M. et al., 250 Neb. 510, 550 N.W.2d 17 (1996).The statutory provision requiring that an adjudication hearing be held within six months after a juvenile petition is filed is directory, not mandatory. In re Interest of C.P., 235 Neb. 276, 455 N.W.2d 138 (1990).Section 43-271 provides a statutory right to a prompt adjudication hearing for all juveniles, but absolute discharge for the State's failure to comply with the 6-month period is not mandated and is within the discretion of the juvenile court, taking into consideration the best interests of the juvenile, the factors set forth in section 43-271 and this section, the right of the juvenile to a prompt and fair adjudication, and the future treatment and rehabilitation of the juvenile in the event of an adjudication. In re Interest of Britny S., 11 Neb. App. 704, 659 N.W.2d 831 (2003).

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-278

43-278. Adjudicationhearing; held within ninety days after petition is filed; additional reviews;telephonic or videoconference hearing;authorized.Except as provided in sections 43-254.01and 43-277.01, all cases filed under subdivision (3) of section 43-247 shallhave an adjudication hearing not more than ninety days after a petition isfiled. Upon a showing of good cause, the court may continue the case beyondthe ninety-day period. The court shall also review every case filed undersuch subdivision which has been adjudicated or transferred to it for dispositionnot less than once every six months. All communications, notices, orders,authorizations, and requests authorized or required in the Nebraska JuvenileCode; all nonevidentiary hearings;and any evidentiary hearings approved by the court and by stipulation of allparties may be heard by the court telephonically or by videoconferencing ina manner that ensures the preservation of an accurate record. All of the orders generated by way ofa telephonic or videoconference hearingshall be recorded as if the judge were conducting a hearing on the record.Telephonic and videoconference hearingsallowed under this section shall not be in conflict with section 24-734. SourceLaws 1981, LB 346, § 34; Laws 1992, LB 1184, § 13; Laws 1997, LB 622, § 71; Laws 2010, LB800, § 22.Effective Date: July 15, 2010AnnotationsThis section and section 43-271 confer a statutory right to a prompt adjudication hearing to all juveniles within section 43-247(1), (2), (3)(b), and (4). This section and section 43-271 are directory and do not require absolute discharge of a juvenile not adjudicated within the prescribed time period. In re Interest of Brandy M. et al., 250 Neb. 510, 550 N.W.2d 17 (1996).The statutory provision requiring that an adjudication hearing be held within six months after a juvenile petition is filed is directory, not mandatory. In re Interest of C.P., 235 Neb. 276, 455 N.W.2d 138 (1990).Section 43-271 provides a statutory right to a prompt adjudication hearing for all juveniles, but absolute discharge for the State's failure to comply with the 6-month period is not mandated and is within the discretion of the juvenile court, taking into consideration the best interests of the juvenile, the factors set forth in section 43-271 and this section, the right of the juvenile to a prompt and fair adjudication, and the future treatment and rehabilitation of the juvenile in the event of an adjudication. In re Interest of Britny S., 11 Neb. App. 704, 659 N.W.2d 831 (2003).

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