43-247.02. Juvenile court; placement or commitment of juveniles; restrictions.
365 words·~2 min read·
/ne/chapter-43/43-247-02A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Notwithstanding any other provision of Nebraska law, a juvenile court shall not:
(a)Place any juvenile adjudicated or pending adjudication under subdivision (1), (2), (3)(b), or
(4)of section 43-247 with the Department of Health and Human Services or the Office of Juvenile Services, other than as allowed under subsection
(2)of this section;
(b)Commit any juvenile adjudicated or pending adjudication under subdivision (1), (2), (3)(b), or
(4)of section 43-247 to the care and custody of the Department of Health and Human Services or the Office of Juvenile Services, other than as allowed under subsection
(2)of this section;
(c)Require the Department of Health and Human Services or the Office of Juvenile Services to supervise any juvenile adjudicated or pending adjudication under subdivision (1), (2), (3)(b), or
(4)of section 43-247 , other than as allowed under subsection
(2)of this section; or
(d)Require the Department of Health and Human Services or the Office of Juvenile Services to provide, arrange for, or pay for any services for any juvenile adjudicated or pending adjudication under subdivision (1), (2), (3)(b), or
(4)of section 43-247 , or for any party to cases under those subdivisions, other than as allowed under subsection
(2)of this section.
(2)Notwithstanding any other provision of Nebraska law, a juvenile court shall not commit a juvenile to the Office of Juvenile Services for placement at a youth rehabilitation and treatment center except as part of an order of intensive supervised probation under subsection
(1)of section 43-286 .
For purposes of this section, the date a juvenile is committed to the Office of Juvenile Services for treatment is controlling, not the date of a subsequent transfer to a youth rehabilitation and treatment center. In re Interest of Marcella G., 287 Neb. 566, 847 N.W.2d 276 (2014).
Where a juvenile was committed to the Office of Juvenile Services for community-based services before July 1, 2013, a juvenile court's transfer of the juvenile after that date to a youth rehabilitation and treatment center was not required to be made as a condition of intensive supervised probation. In re Interest of Marcella G., 287 Neb. 566, 847 N.W.2d 276 (2014).