Nebraska Revised Statutes

Neb. Rev. Stat. § 43-255 (2026)

Detention or placement; release required; exceptions

✓ current as of July 2026

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Whenever a juvenile is detained or placed in an alternative to detention infringing upon the child's liberty interest under section 43-250 or 43-253, the juvenile shall be released unconditionally within forty-eight hours after the detention or placement order or the setting of bond, excluding nonjudicial days, unless within such period of time (1) a motion has been filed alleging that such juvenile has violated an order of the juvenile court, (2) a juvenile court petition has been filed pursuant to section 43-274, or (3) a criminal complaint has been filed in a court of competent jurisdiction.

Notes of Decisions

Cited in 4 cases, 1984–1993 · leading case: Schall v. Martin, 467 U.S. 253 (1984).

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Schall v. Martin, 467 U.S. 253 (1984). · cites it 2× “§ 41-5-305 (1983); Neb. Rev. Stat. § 43-255 (Supp. 1982); Nev.”

In Re Interest of RG, 470 N.W.2d 780 (Neb. 1991). · cites it 2× “The mother also points out that Neb. Rev. Stat. §§ 43-255 and 43-256 (Reissue 1988), both of which outline additional procedural protections, by their terms apply only to juveniles claimed to be delinquent.”

In Interest of JLH, 507 N.W.2d 641 (Neb. Ct. App. 1993). · cites it 3× “Claiming to act under Neb. Rev. Stat. § 43-255 (Reissue 1988), the court detained the children and placed them in the temporary custody of DSS.”

Ackerman v. Nanfito, 510 N.W.2d 333 (Neb. Ct. App. 1993). · cites it 9× “excluding non-judicial days’ as required by [ Neb. Rev. Stat. § 43-255 (Reissue 1988)].”

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