2009 Nebraska Code
Chapter 43 INFANTS AND JUVENILES
43-258 Preadjudication physical and mental evaluation; placement; restrictions; reports; costs.

43-258. Preadjudication physical and mental evaluation; placement; restrictions; reports; costs.

(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) 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 in one of the facilities or institutions of the State of Nebraska. Such juvenile 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. Any placement for evaluation may be made on a residential or nonresidential basis for a period not to exceed thirty days except as provided by section 43-415. The head of any facility or institution shall make a complete evaluation of the juvenile, including any authorized area of inquiry requested by the court. 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 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) In order to encourage the use of the procedure provided in this section, all costs incurred during the period the juvenile is being evaluated at a state facility or program funded by the Office of Juvenile Services shall be the responsibility of the state unless otherwise ordered by the court pursuant to section 43-290. The county in which the case is pending shall be liable only for the cost of delivering the juvenile to the facility or institution and the cost of returning him or her to the court for disposition.

Source

Laws 1981, LB 346, § 14;
Laws 1982, LB 787, § 9;
Laws 1985, LB 447, § 17;
Laws 1987, LB 638, § 3;
Laws 1994, LB 988, § 20;
Laws 1996, LB 1155, § 9;
Laws 1998, LB 1073, § 19;
Laws 2010, LB800, § 20.
Effective Date: July 15, 2010

Annotations 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).