(1) 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:
(a) Placed or detained a reasonable period of time on order of the court in the temporary custody of either the person having charge of the juvenile or some other suitable person;
(b) Kept in some suitable place provided by the city or county authorities;
(c) Placed in any proper and accredited charitable institution;
(d) Placed in a state institution, except any adult correctional facility, when proper facilities are available and the only local facility is a city or county jail, at the expense of the committing county on a per diem basis as determined from time to time by the head of the particular institution;
(e) Placed in the temporary care and custody of the Department of Health and Human Services when it does not appear that there is any need for secure detention, except that no juvenile alleged to be a juvenile described in subdivision (1), (2), (3)(b), or (4) of section 43-247 shall be placed in the care and custody or under the supervision of the department; or
(f) Offered supervision options as determined pursuant to section 43-260.01, through the Office of Probation Administration as ordered by the court and agreed to in writing by the parties, if the juvenile is alleged to be a juvenile described in subdivision (1), (2), (3)(b), or (4) of section 43-247 and it does not appear that there is any need for secure detention.
(2) The court may assess the cost of such placement or detention in whole or in part to the parent of the juvenile as provided in section 43-290.
(3) If a juvenile has been removed from his or her parent, guardian, or custodian pursuant to subdivision (6) of section 43-248, the court may enter an order continuing detention or placement upon a written determination that continuation of the juvenile in his or her home would be contrary to the health, safety, or welfare of such juvenile and that reasonable efforts were made to preserve and reunify the family if required under section 43-283.01.
Notes of Decisions
Cited in
47
cases (
7 in the last 5 years), 1991–2025 · leading case:
In Re Tayla R., 767 N.W.2d 127 (Neb. Ct. App. 2009).
In Re Tayla R., 767 N.W.2d 127 (Neb. Ct. App. 2009).
· cites it 5× “Accordingly, we dismiss the appeal in this case for lack of a final, appealable order.”
In Re Interest of Mainor T., 674 N.W.2d 442 (Neb. 2004).
· cites it 3× “Although the juvenile court’s preprinted form order entitled “Adjudication Hearing” contained a checkmark beside a standard finding that “reasonable efforts were made to preserve and reunify the family as required under Sec.”
In Re Interest of Joshua, 558 N.W.2d 548 (Neb. 1997).
· cites it 4× “The pertinent portion of § 43-254 provides: If a juvenile has been removed from his or her parent, guardian, or custodian pursuant to subdivision (3) of section 43-248, the court may enter an order continuing detention or placement only upon a written determination that…”
In Re DeWayne G., Jr., 638 N.W.2d 510 (Neb. 2002).
· cites it 3× “” Similarly, Neb. Rev. Stat. § 43-254 (Reissue 1998) was amended to state that once a juvenile has been temporarily removed from his or her home, orders continuing such out-of-home placement require the court to make a “written determination” that “reasonable efforts were made…”
In Re Interest of RG, 470 N.W.2d 780 (Neb. 1991).
· cites it 3× “her surroundings and immediate removal appeared] to be necessary for [her] protection,” as required by § 43-248(3); failed to place the infant “in the least restrictive environment consistent with” her best interests, as required by § 43-250(4); and failed to make “reasonable…”
In Re Interest of Borius H., 558 N.W.2d 31 (Neb. 1997).
· cites it 5× “Neb. Rev. Stat. § 43-254 (Reissue 1993) of the juvenile code sets forth the requirements for continuing to withhold a juvenile from his or her parent pending adjudication, and it provides in part as follows: If a juvenile has been removed from his or her parent, guardian, or…”
In Re Interest of Stephanie H., 639 N.W.2d 668 (Neb. Ct. App. 2002).
· cites it 3× “The procedural framework here is an ex parte detention order of July 23, an evidentiary hearing and order of July 30 continuing detention in the Department, and an evidentiary detention hearing on August 8, after which Elizabeth’s request for custody of her children was denied.…”
In Re Interest of Ty M., 655 N.W.2d 672 (Neb. 2003).
· cites it 2× “As noted earlier, neither Holly nor Shawn appealed from the dispositional orders which found their children to be juveniles under § 43-247(3)(a).”
In Re Interest of CH, 277 Neb. 565 (Neb. 2009).
· cites it 4× “Because we reverse the adjudication and remand the cause, we note that detention pending adjudication is permitted by Neb. Rev. Stat. § 43-254 (Reissue 2008). Section 43-254 states that "pending the adjudication of any case, if it appears that the need for placement or further…”
In Re Interest Joshua M., 548 N.W.2d 348 (Neb. Ct. App. 1996).
· cites it 7× “Neb. Rev. Stat. § 43-254 (Reissue 1993), however, provides for placement or detention “[p] ending the adjudication of any case, if it appears that the need for placement or further detention exists .”
In re Interest of Harley S., 32 Neb. Ct. App. 707 (Neb. Ct. App. 2024).
· cites it 12× “ASSIGNMENTS OF ERROR Sherrie has identified 11 assignments of error but argues only that the court erred in (1) failing to make certain written findings required by Neb. Rev. Stat. § 43-254 (Cum. Supp. 2022) regarding the child’s health, safety, and welfare and regarding…”
In Re Interest of Gloria F., 577 N.W.2d 296 (Neb. 1998).
· cites it 10× “Section 43-254 provides as follows: Pending the adjudication of any case, if it appears that the need for placement or further detention exists, the juvenile may be (1) placed or detained a reasonable period of time on order of the court in the temporary custody of either the…”
— Neb. Rev. Stat. § 43-254(3) — 1 case
— Neb. Rev. Stat. § 43-254(5) — 2 cases
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