71-1118. Subject; rights.

452 words·~2 min read·/ne/chapter-71/71-1118

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A subject has the following rights pursuant to the Developmental Disabilities Court-Ordered Custody Act:

(1)The right to be represented by legal counsel and to have counsel appointed if the subject cannot afford to pay the cost of counsel;

(2)The right to have a guardian ad litem appointed to act on the subject's behalf if the court determines that he or she is unable to assist in his or her own defense;

(3)The right to have a timely hearing on the merits of the petition before a district court judge;

(4)The right to have reasonable continuances, for good cause shown, in order to properly prepare for a hearing on the petition;

(5)The right to testify, subpoena witnesses, require testimony before the court, and offer evidence;

(6)The right to confront and cross-examine witnesses;

(7)The right to have an expert witness of the subject's own choice evaluate the subject, testify, and provide recommendations to the court and to have such expert paid for by the county if the subject cannot afford the costs of such expert; and

(8)The right to have a transcript prepared for the purpose of an appeal, to appeal a final decision of the court, and to have the costs of such transcript and appeal paid by the county if the subject cannot afford such costs.

An order of disposition under the Developmental Disabilities Court-Ordered Custody Act that deprives a subject of his or her liberty for an indeterminate period of time affects a substantial right and is made during a special proceeding. In re Interest of T.W., 314 Neb. 475, 991 N.W.2d 280 (2023).

In an appeal under the Developmental Disabilities Court-Ordered Custody Act, an appellate court reviews a district court's judgment or final order for errors appearing on the record. In re Interest of T.W., 314 Neb. 475, 991 N.W.2d 280 (2023).

The mere determination that an individual was a person in need of court ordered custody and treatment, without further action, did not affect a substantial right. In other words, an order that merely authorized development of a plan for custody and treatment and scheduled a hearing to determine what custody and treatment should be ordered upon disposition, without imposing any custody or treatment, did not have a substantial effect on a substantial right and thus was not a final, appealable order under section 25-1902. In re Interest of K.C., 313 Neb. 385, 984 N.W.2d 277 (2023).

This section, which provides that the subject of a petition has the right to appeal a final decision of the court, incorporates the rules of appealability in civil matters, including section 25-1902. In re Interest of K.C., 313 Neb. 385, 984 N.W.2d 277 (2023).