All placements and commitments of juveniles for evaluations or as temporary or final dispositions are subject to the following:
(1) No juvenile shall be confined in an adult correctional facility as a disposition of the court;
(2) A juvenile who is found to be a juvenile as described in subdivision (3) of section 43-247 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 or committed to the Office of Juvenile Services;
(3) A juvenile who is found to be a juvenile as described in subdivision (1), (2), or (4) of section 43-247 shall not be assigned or transferred to an adult correctional facility or the secure youth confinement facility operated by the Department of Correctional Services;
(4) A juvenile under the age of fourteen years shall not be placed with or committed to a youth rehabilitation and treatment center;
(5)(a) A juvenile shall not be detained unless:
(i) The physical safety of persons in the community would be seriously threatened;
(ii) Detention is necessary to secure the presence of the juvenile at the next hearing, as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the last twelve months; or
(iii) Detention is a matter of immediate and urgent necessity for the protection of such juvenile, as evidenced by a demonstrable record of fleeing from law enforcement, absconding from a court-ordered placement, absconding from home, committing a violent offense, committing multiple property crimes, or threatening to cause harm to others;
(b) A child ten years of age or younger shall not be placed in detention under any circumstances;
(c) A juvenile twelve years of age or younger shall not be placed in detention unless all temporary and alternative placement options have been exhausted. Any detention under this subdivision shall be reviewed and reconsidered by the court every five days that the juvenile remains in detention and within twenty-four hours after a request by the juvenile's counsel; and
(d) A juvenile shall not be placed into detention:
(i) To allow a parent or guardian to avoid his or her legal responsibility;
(ii) To punish, treat, or rehabilitate such juvenile;
(iii) To permit more convenient administrative access to such juvenile;
(iv) To facilitate further interrogation or investigation; or
(v) Due to a lack of more appropriate facilities except in case of an emergency as provided in section 43-430;
(6) A juvenile alleged to be a juvenile as described in subdivision (3) of section 43-247 shall not be placed in a juvenile detention facility, including a wing labeled as staff secure at such facility, unless the designated staff secure portion of the facility fully complies with subdivision (5) of section 83-4,125 and the ingress and egress to the facility are restricted solely through staff supervision; and
(7) A juvenile alleged to be a juvenile as described in subdivision (1), (2), (3)(b), or (4) of section 43-247 shall not be placed out of his or her home as a dispositional order of the court unless:
(a) All available community-based resources have been exhausted to assist the juvenile and his or her family; and
(b) Maintaining the juvenile in the home presents a significant risk of harm to the juvenile or community.
Notes of Decisions
In re Interest of Zachary B., 299 Neb. 187 (Neb. 2018).
· cites it 12× “187 Neb. Rev. Stat. § 43-251.01 (Reissue 2016), which provides in relevant part: All placements and commitments of juveniles for eval- uations or as temporary or final dispositions are subject to the following: .”
In re Interest of Alan L., 294 Neb. 261 (Neb. 2016).
· cites it 3× “6 Additionally, the com- mitment could not conflict with Neb. Rev. Stat. § 43-251.01 (Supp. 2013).”
In re Interest of Robert W., 27 Neb. Ct. App. 11 (Neb. Ct. App. 2019).
· cites it 6× “The controlling statute applicable to this case is Neb. Rev. Stat. § 43-251.01 (7) (Reissue 2016), which provides: A juvenile alleged to be a juvenile as described in subdi- vision (1), (2), (3)(b), or (4) of section 43-247 shall not be placed out of his or her home as a…”
In re Interest of Dana H., 299 Neb. 197 (Neb. 2018).
· cites it 11× “The requirement of Neb. Rev. Stat. § 43-251.01 (7)(b) (Reissue 2016) of a significant risk of harm to a juvenile is satisfied by a showing of a reasonable likelihood that the juvenile will suffer a mate- rial or tangible detriment.”
State v. Keyanna R. (In Re Interest of Keyanna R.), 299 Neb. 356 (Neb. 2018).
· cites it 11× “The appeal presents the question of whether the out-of-home placement order complied with Neb. Rev. Stat. § 43-251.01 (7) (Reissue 2016), which requires that a juvenile not be placed out of his or her home as a dispositional order unless "(a) [a]ll available community-based…”
In re Interest of Nedhal A., 289 Neb. 711 (Neb. 2014).
· cites it 2× “At all times relevant, § 43-286(1)(b)(ii) provided: Unless prohibited by section 43-251.01, the court may commit such juvenile to the Office of Juvenile Services for placement at a youth rehabilitation and treatment center as a condition of an order of intensive super- vised…”
State v. Robert W. (In re Robert W.), 925 N.W.2d 714 (Neb. Ct. App. 2019).
· cites it 5× “The controlling statute applicable to this case is Neb. Rev. Stat. § 43-251.01 (7) (Reissue 2016), which provides: A juvenile alleged to be a juvenile as described in subdivision (1), (2), (3)(b), or (4) of section 43-247 shall not be placed out of his or her home as a…”
In re Interest of Harley S., 32 Neb. Ct. App. 707 (Neb. Ct. App. 2024).
· cites it 2× “Sherrie’s assignment of error focuses primarily on § 43-254, which provides: Pending the adjudication of any case, and subject to subdivision (5) of section 43-251.01, if it appears that the need for placement or further detention exists, the juvenile may be (1) placed or…”
State v. Nicholas K. (In Re Interest of Nicholas K.), 299 Neb. 350 (Neb. 2018).
· cites it 10× “The appeal presents the question of whether the out-of-home placement order complied with Neb. Rev. Stat. § 43-251.01 (7) (Reissue 2016), which requires that a juvenile not be placed out of his or her home as a dispositional order unless "(a) [a]ll available community-based…”
In Re Interest of Christopher R., 700 N.W.2d 668 (Neb. Ct. App. 2005).
· cites it 2× “Transfers of juveniles from one place of treatment to another are subject to section 43-251.01 and to the following: (a) Except as provided in subdivision (b) of this subsection, if [OJS] proposes to transfer the juvenile from a *756 less restrictive to a more restrictive place…”
In re Interest of Keyanna R., 299 Neb. 356 (Neb. 2018).
· cites it 12× “01 (7) (Reissue 2016), which requires that a juvenile not be placed out of his or her home as a dis- positional order unless “(a) [a]ll available community-based resources” have been exhausted and “(b) [there is] a signifi- cant risk of harm to the juvenile or community” by…”
In re Interest of Nicholas K., 299 Neb. 350 (Neb. 2018).
· cites it 11× “01 (7) (Reissue 2016), which requires that a juvenile not be placed out of his or her home as a dis- positional order unless “(a) [a]ll available community-based resources” have been exhausted and “(b) [there is] a signifi- cant risk of harm to the juvenile or community” by…”
— Neb. Rev. Stat. § 43-251.01(4) — 1 case
— Neb. Rev. Stat. § 43-251.01(7) — 6 cases
In re Interest of Zachary B., 299 Neb. 187 (Neb. 2018).
“187 Neb. Rev. Stat. § 43-251.01 (Reissue 2016), which provides in relevant part: All placements and commitments of juveniles for eval- uations or as temporary or final dispositions are subject to the following: .”
In re Interest of Dana H., 299 Neb. 197 (Neb. 2018).
“The requirement of Neb. Rev. Stat. § 43-251.01 (7)(b) (Reissue 2016) of a significant risk of harm to a juvenile is satisfied by a showing of a reasonable likelihood that the juvenile will suffer a mate- rial or tangible detriment.”
State v. Keyanna R. (In Re Interest of Keyanna R.), 299 Neb. 356 (Neb. 2018).
“The appeal presents the question of whether the out-of-home placement order complied with Neb. Rev. Stat. § 43-251.01 (7) (Reissue 2016), which requires that a juvenile not be placed out of his or her home as a dispositional order unless "(a) [a]ll available community-based…”
State v. Nicholas K. (In Re Interest of Nicholas K.), 299 Neb. 350 (Neb. 2018).
“The appeal presents the question of whether the out-of-home placement order complied with Neb. Rev. Stat. § 43-251.01 (7) (Reissue 2016), which requires that a juvenile not be placed out of his or her home as a dispositional order unless "(a) [a]ll available community-based…”
In re Interest of Keyanna R., 299 Neb. 356 (Neb. 2018).
“01 (7) (Reissue 2016), which requires that a juvenile not be placed out of his or her home as a dis- positional order unless “(a) [a]ll available community-based resources” have been exhausted and “(b) [there is] a signifi- cant risk of harm to the juvenile or community” by…”
— Neb. Rev. Stat. § 43-251.01(7)(a) — 7 cases
In re Interest of Robert W., 27 Neb. Ct. App. 11 (Neb. Ct. App. 2019).
“The controlling statute applicable to this case is Neb. Rev. Stat. § 43-251.01 (7) (Reissue 2016), which provides: A juvenile alleged to be a juvenile as described in subdi- vision (1), (2), (3)(b), or (4) of section 43-247 shall not be placed out of his or her home as a…”
State v. Keyanna R. (In Re Interest of Keyanna R.), 299 Neb. 356 (Neb. 2018).
“The appeal presents the question of whether the out-of-home placement order complied with Neb. Rev. Stat. § 43-251.01 (7) (Reissue 2016), which requires that a juvenile not be placed out of his or her home as a dispositional order unless "(a) [a]ll available community-based…”
State v. Robert W. (In re Robert W.), 925 N.W.2d 714 (Neb. Ct. App. 2019).
“The controlling statute applicable to this case is Neb. Rev. Stat. § 43-251.01 (7) (Reissue 2016), which provides: A juvenile alleged to be a juvenile as described in subdivision (1), (2), (3)(b), or (4) of section 43-247 shall not be placed out of his or her home as a…”
In re Interest of Dana H., 299 Neb. 197 (Neb. 2018).
“The requirement of Neb. Rev. Stat. § 43-251.01 (7)(b) (Reissue 2016) of a significant risk of harm to a juvenile is satisfied by a showing of a reasonable likelihood that the juvenile will suffer a mate- rial or tangible detriment.”
State v. Nicholas K. (In Re Interest of Nicholas K.), 299 Neb. 350 (Neb. 2018).
“The appeal presents the question of whether the out-of-home placement order complied with Neb. Rev. Stat. § 43-251.01 (7) (Reissue 2016), which requires that a juvenile not be placed out of his or her home as a dispositional order unless "(a) [a]ll available community-based…”
— Neb. Rev. Stat. § 43-251.01(7)(b) — 7 cases
In re Interest of Robert W., 27 Neb. Ct. App. 11 (Neb. Ct. App. 2019).
“The controlling statute applicable to this case is Neb. Rev. Stat. § 43-251.01 (7) (Reissue 2016), which provides: A juvenile alleged to be a juvenile as described in subdi- vision (1), (2), (3)(b), or (4) of section 43-247 shall not be placed out of his or her home as a…”
In re Interest of Dana H., 299 Neb. 197 (Neb. 2018).
“The requirement of Neb. Rev. Stat. § 43-251.01 (7)(b) (Reissue 2016) of a significant risk of harm to a juvenile is satisfied by a showing of a reasonable likelihood that the juvenile will suffer a mate- rial or tangible detriment.”
State v. Keyanna R. (In Re Interest of Keyanna R.), 299 Neb. 356 (Neb. 2018).
“The appeal presents the question of whether the out-of-home placement order complied with Neb. Rev. Stat. § 43-251.01 (7) (Reissue 2016), which requires that a juvenile not be placed out of his or her home as a dispositional order unless "(a) [a]ll available community-based…”
State v. Robert W. (In re Robert W.), 925 N.W.2d 714 (Neb. Ct. App. 2019).
“The controlling statute applicable to this case is Neb. Rev. Stat. § 43-251.01 (7) (Reissue 2016), which provides: A juvenile alleged to be a juvenile as described in subdivision (1), (2), (3)(b), or (4) of section 43-247 shall not be placed out of his or her home as a…”
State v. Nicholas K. (In Re Interest of Nicholas K.), 299 Neb. 350 (Neb. 2018).
“The appeal presents the question of whether the out-of-home placement order complied with Neb. Rev. Stat. § 43-251.01 (7) (Reissue 2016), which requires that a juvenile not be placed out of his or her home as a dispositional order unless "(a) [a]ll available community-based…”
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