43-251.01. Juveniles; placements and commitments; restrictions.
775 words·~4 min read·
/ne/chapter-43/43-251-01A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
All placements and commitments of juveniles for evaluations or as temporary or final dispositions are subject to the following:
(1)No juvenile shall be confined in an adult correctional facility as a disposition of the court;
(2)A juvenile who is found to be a juvenile as described in subdivision
(3)of section 43-247 shall not be placed in an adult correctional facility, the secure youth confinement facility operated by the Department of Correctional Services, or a youth rehabilitation and treatment center or committed to the Office of Juvenile Services;
(3)A juvenile who is found to be a juvenile as described in subdivision (1), (2), or
(4)of section 43-247 shall not be assigned or transferred to an adult correctional facility or the secure youth confinement facility operated by the Department of Correctional Services;
(4)A juvenile under the age of fourteen years shall not be placed with or committed to a youth rehabilitation and treatment center;
(5)(a) A juvenile shall not be detained unless:
(i)The physical safety of persons in the community would be seriously threatened;
(ii)Detention is necessary to secure the presence of the juvenile at the next hearing, as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the last twelve months; or
(iii)Detention is a matter of immediate and urgent necessity for the protection of such juvenile, as evidenced by a demonstrable record of fleeing from law enforcement, absconding from a court-ordered placement, absconding from home, committing a violent offense, committing multiple property crimes, or threatening to cause harm to others;
(b)A child ten years of age or younger shall not be placed in detention under any circumstances;
(c)A juvenile twelve years of age or younger shall not be placed in detention unless all temporary and alternative placement options have been exhausted. Any detention under this subdivision shall be reviewed and reconsidered by the court every five days that the juvenile remains in detention and within twenty-four hours after a request by the juvenile's counsel; and
(d)A juvenile shall not be placed into detention:
(i)To allow a parent or guardian to avoid his or her legal responsibility;
(ii)To punish, treat, or rehabilitate such juvenile;
(iii)To permit more convenient administrative access to such juvenile;
(iv)To facilitate further interrogation or investigation; or
(v)Due to a lack of more appropriate facilities except in case of an emergency as provided in section 43-430 ;
(6)A juvenile alleged to be a juvenile as described in subdivision
(3)of section 43-247 shall not be placed in a juvenile detention facility, including a wing labeled as staff secure at such facility, unless the designated staff secure portion of the facility fully complies with subdivision
(5)of section 83-4,125 and the ingress and egress to the facility are restricted solely through staff supervision; and
(7)A juvenile alleged to be a juvenile as described in subdivision (1), (2), (3)(b), or
(4)of section 43-247 shall not be placed out of his or her home as a dispositional order of the court unless:
(a)All available community-based resources have been exhausted to assist the juvenile and his or her family; and
(b)Maintaining the juvenile in the home presents a significant risk of harm to the juvenile or community.
A youth was at serious risk of harm and detriment due to his refusal to attend school and develop basic life skills while living in the family home. In re Interest of Dana H., 299 Neb. 197, 907 N.W.2d 730 (2018).
"Harm," as defined by this section, encompasses not only physical injury and hurt, but also any material or tangible detriment. In re Interest of Dana H., 299 Neb. 197, 907 N.W.2d 730 (2018).
This section's exhaustion requirement demands evidence establishing that no other community-based resources have a reasonable possibility for success or that all options for community-based services have been thoroughly considered and none are feasible. In re Interest of Dana H., 299 Neb. 197, 907 N.W.2d 730 (2018).
Neither subsection
(2)of this section nor section 43-278 prohibits a juvenile court from placing a juvenile at a youth rehabilitation and treatment center when the court has adjudicated a juvenile under section 43-247(2) and (3). In re Interest of Trey H., 281 Neb. 760, 798 N.W.2d 607 (2011).
The exhaustion requirement of subdivision (7)(a) of this section demands evidence establishing that no other community-based resources have a reasonable possibility for success or that all options for community-based services have been thoroughly considered and none are feasible. In re Interest of Robert W., 27 Neb. App. 11, 925 N.W.2d 714 (2019).