43-258. Preadjudication physical and mental evaluation; placement; restrictions; reports; costs.
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/ne/chapter-43/43-258A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Pending the adjudication of any case under the Nebraska Juvenile Code, the court may order the juvenile examined by a physician, surgeon, psychiatrist, duly authorized community mental health service program, or psychologist to aid the court in determining
(a)a material allegation in the petition relating to the juvenile's physical or mental condition,
(b)the juvenile's competence to participate in the proceedings,
(c)the juvenile's responsibility for his or her acts, or
(d)whether or not to provide emergency medical treatment.
(2)(a) Pending the adjudication of any case under the Nebraska Juvenile Code and after a showing of probable cause that the juvenile is within the court's jurisdiction, for the purposes of subsection
(1)of this section, the court may order such juvenile to be placed with the Department of Health and Human Services for evaluation, except that no juvenile alleged to be a juvenile as described in subdivision (1), (2), (3)(b), or
(4)of section 43-247 shall be placed with the department. If a juvenile is placed with the department under this subdivision, the department shall make arrangements for an appropriate evaluation. The department shall determine whether the evaluation will be made on a residential or nonresidential basis. Placement with the department for the purposes of this section shall be for a period not to exceed thirty days. If necessary to complete the evaluation, the court may order an extension not to exceed an additional thirty days. Any temporary placement of a juvenile made under this section shall be in the least restrictive environment consistent with the best interests of the juvenile and the safety of the community.
(b)Pending the adjudication of any case in which a juvenile is alleged to be a juvenile as described in subdivision (1), (2), (3)(b), or
(4)of section 43-247 and after a showing of probable cause that the juvenile is within the court's jurisdiction, for the purposes of subsection
(1)of this section, the court may order an evaluation to be arranged by the Office of Probation Administration. Any temporary placement of a juvenile made under this section shall be in the least restrictive environment consistent with the best interests of the juvenile and the safety of the community.
(3)Upon completion of the evaluation, the juvenile shall be returned to the court together with a written or electronic report of the results of the evaluation. Such report shall include an assessment of the basic needs of the juvenile and recommendations for continuous and long-term care and shall be made to effectuate the purposes in subdivision
(1)of section 43-246 . The juvenile shall appear before the court for a hearing on the report of the evaluation results within ten days after the court receives the evaluation.
(4)During any period of detention or evaluation prior to adjudication, costs incurred on behalf of a juvenile shall be paid as provided in section 43-290.01 .
(5)The court shall provide copies of the evaluation report and any evaluations of the juvenile to the juvenile's attorney and the county attorney or city attorney prior to any hearing in which the report or evaluation will be relied upon.
Juveniles who face adjudication for a status offense must be competent to participate in the proceedings. In re Interest of Victor L., 309 Neb. 21, 958 N.W.2d 413 (2021).
The procedure for protecting a juvenile's right to be competent to participate in juvenile proceedings is left to the sound discretion of the juvenile court, based on the best interests of the juvenile. In re Interest of Victor L., 309 Neb. 21, 958 N.W.2d 413 (2021).
This section does not apply to requests for mental and physical examinations after a juvenile has been adjudicated under subsection (3)(a) of section 43-247. In re Interest of Ty M. & Devon M., 265 Neb. 150, 655 N.W.2d 672 (2003).
Pursuant to subsection
(4)of this section, the Department of Social Services is not required to pay costs for preadjudication evaluation that is conducted at a private facility. In re Interest of Todd T., 249 Neb. 738, 545 N.W.2d 711 (1996).