2022 Nebraska Revised Statutes
Chapter 71 - Public Health and Welfare
71-1207 - Petition; summons; hearing; sheriff; duties; failure to appear; warrant for custody.
71-1207. Petition; summons; hearing; sheriff; duties; failure to appear; warrant for custody.
Upon the filing of the petition under section 71-1205, the clerk of the district court shall cause a summons fixing the time and place for a hearing to be prepared and issued to the sheriff for service. The sheriff shall personally serve upon the subject and the subject's legal guardian or custodian, if any, the summons and copies of the petition, the list of rights provided by sections 71-943 to 71-960, and a list of the names, addresses, and telephone numbers of mental health professionals in the immediate vicinity by whom the subject may be evaluated prior to his or her hearing. The summons shall fix a time for the hearing within seven calendar days after the subject has been taken into emergency protective custody. The failure of a subject to appear as required under this section shall constitute grounds for the issuance by the mental health board of a warrant for his or her custody.
Source
- Laws 2006, LB 1199, ยง 63.
Annotations
The 7-day time limit for holding a hearing under this section is directory, not mandatory. D.I. v. Gibson, 291 Neb. 554, 867 N.W.2d 284 (2015).
The Sex Offender Commitment Act requires service of a summons upon the subject which fixes a time for the hearing before a mental health board within 7 calendar days after the subject has been taken into emergency protective custody. Condoluci v. State, 18 Neb. App. 112, 775 N.W.2d 196 (2009).
