Neb. Rev. Stat. » Chapter 43
Nebraska Revised Statutes

Neb. Rev. Stat. § 43-258 (2026)

Preadjudication physical and mental evaluation; placement; restrictions; reports; costs

✓ current as of July 2026
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(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)(a) 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 with the Department of Health and Human Services for evaluation, except that no juvenile alleged to be a juvenile as described in subdivision (1), (2), (3)(b), or (4) of section 43-247 shall be placed with the department. If a juvenile is placed with the department under this subdivision, the department shall make arrangements for an appropriate evaluation. The department shall determine whether the evaluation will be made on a residential or nonresidential basis. Placement with the department for the purposes of this section shall be for a period not to exceed thirty days. If necessary to complete the evaluation, the court may order an extension not to exceed an additional thirty days. 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.

(b) Pending the adjudication of any case in which a juvenile is alleged to be a juvenile as described in subdivision (1), (2), (3)(b), or (4) of section 43-247 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 an evaluation to be arranged by the Office of Probation Administration. 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 or electronic 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) During any period of detention or evaluation prior to adjudication, costs incurred on behalf of a juvenile shall be paid as provided in section 43-290.01.

(5) The court shall provide copies of the evaluation report and any evaluations of the juvenile to the juvenile's attorney and the county attorney or city attorney prior to any hearing in which the report or evaluation will be relied upon.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1984–2021 · leading case: In Re Interest of Ty M., 655 N.W.2d 672 (Neb. 2003).
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In Re Interest of Ty M., 655 N.W.2d 672 (Neb. 2003). · cites it 4× “Holly suggests that the evaluations would have been appropriate pursuant to Neb. Rev. Stat. § 43-258 (Reissue 1998), which provides for preadjudication mental and physical examinations to aid the court in determining the juvenile’s physical or mental condition, the juvenile’s…”
In re Interest of Victor L., 309 Neb. 21 (Neb. 2021). · cites it 19× “The plain language of Neb. Rev. Stat. § 43-258 (Reissue 2016) recognizes, as a matter of public policy, that juveniles accused of delinquency and status offenses have a statutory right to be competent to participate in adjudication proceedings.”
State v. McCracken, 615 N.W.2d 902 (Neb. 2000). · cites it 2× “” See Neb. Rev. Stat. § 43-258 (Reissue 1993). Bray died on July 15, while McCracken’s case was still pending before the juvenile court.”
State Ex Rel. Mooney v. Duer, 487 N.W.2d 575 (Neb. Ct. App. 1992). · cites it 4× “In our review of articles 1,2, 5, 7, 9, and 14 of chapter 43 of the Nebraska statutes, we note that DSS bears the cost of various services performed for the protection of juveniles in this state.”
State v. Saint Joseph Ctr. for Mental Health, 545 N.W.2d 711 (Neb. 1996). · cites it 5× “Joseph’s pursuant to Neb. Rev. Stat. § 43-258 (Cum. Supp. 1994).”
State on Behalf of Garcia v. Garcia, 471 N.W.2d 388 (Neb. 1991). · cites it 2× “See, Neb. Rev. Stat. §§ 43-258 (4) and 43-284.”
State, Dep't of Soc. Servs. v. C.G., 377 N.W.2d 529 (Neb. 1985). “The department acknowledges that the juvenile court may place in the department temporary custody of any juvenile for the purpose of evaluation at the Nebraska Center for Children and Youth “either pending adjudication (§43-258) or following adjudication but prior to final…”
State v. J.M.S., 352 N.W.2d 186 (Neb. 1984). · cites it 2× “The issue involved in each case is whether an order of the county court, placing a juvenile in the Youth Development Center for evaluation, is a final order from which an appeal can be taken to the district court. Section 43-281 provides: “Following an adjudication of…”
Neb. Rev. Stat. § 43-258(2): 1 case
State v. Saint Joseph Ctr. for Mental Health, 545 N.W.2d 711 (Neb. 1996). “Joseph’s pursuant to Neb. Rev. Stat. § 43-258 (Cum. Supp. 1994).”
Neb. Rev. Stat. § 43-258(2)(b): 1 case
In re Interest of Victor L., 309 Neb. 21 (Neb. 2021). “The plain language of Neb. Rev. Stat. § 43-258 (Reissue 2016) recognizes, as a matter of public policy, that juveniles accused of delinquency and status offenses have a statutory right to be competent to participate in adjudication proceedings.”
Neb. Rev. Stat. § 43-258(3): 1 case
In re Interest of Victor L., 309 Neb. 21 (Neb. 2021). “The plain language of Neb. Rev. Stat. § 43-258 (Reissue 2016) recognizes, as a matter of public policy, that juveniles accused of delinquency and status offenses have a statutory right to be competent to participate in adjudication proceedings.”
Neb. Rev. Stat. § 43-258(4): 2 cases
State Ex Rel. Mooney v. Duer, 487 N.W.2d 575 (Neb. Ct. App. 1992). “In our review of articles 1,2, 5, 7, 9, and 14 of chapter 43 of the Nebraska statutes, we note that DSS bears the cost of various services performed for the protection of juveniles in this state.”
State v. Saint Joseph Ctr. for Mental Health, 545 N.W.2d 711 (Neb. 1996). “Joseph’s pursuant to Neb. Rev. Stat. § 43-258 (Cum. Supp. 1994).”
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