71-964. Subject domiciled in Indian country; state recognition of tribal orders; commitment to treatment facility; procedure.
332 words·~2 min read·
/ne/chapter-71/71-964A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)With respect to a subject domiciled in Indian country, the State of Nebraska recognizes tribal hold orders, commitment orders, and emergency protective custody orders to the same extent as those initiated by any county in the state or as otherwise provided in the Nebraska Mental Health Commitment Act. This recognition applies only for purposes of treatment of the subject's mental illness or substance dependence, including, but not limited to, commitment to and acceptance for treatment at a regional center or any other treatment facility.
(2)If a tribal court finds that a subject domiciled within Indian country is mentally ill and dangerous pursuant to tribal law, such tribal court may order the subject committed to a treatment facility. Such order shall conform to subsection
(3)of this section.
(3)The tribal court shall issue a warrant authorizing the administrator of such treatment facility to receive and keep the subject as a patient. The warrant shall state the findings of the tribal court and the legal settlement of the subject, if known, or any available information relating thereto. Such warrant shall shield every official and employee of the treatment facility against all liability to prosecution of any kind on account of the reception and detention of the subject if the detention is otherwise in accordance with law and policies of the treatment facility.
(4)In the case of a subject domiciled within Indian country in Nebraska who is committed for treatment under tribal law as provided in this section, the tribe shall make arrangements for payment of the cost of such treatment services.
(5)This section and the changes made to the Nebraska Mental Health Commitment Act by Laws 2024, LB1288, shall not be construed to affect the jurisdiction of tribal courts or to regulate internal proceedings of tribes or matters of tribal law. The purpose of this section and such changes is to facilitate the treatment and placement of subjects domiciled in Indian country in treatment facilities not operated by tribes.