(1)(a) A juvenile court petition and all subsequent proceedings shall be entitled In the Interest of ........................., a Juvenile, inserting the juvenile's name in the blank. The written petition shall be signed by the county attorney, specify which subdivision of section 43-247 is alleged and set forth the facts, state the juvenile's month and year of birth, and request the juvenile court to determine whether support will be ordered pursuant to section 43-290. An allegation under subdivision (1), (2), or (4) of section 43-247 is to be made with the same specificity as a criminal complaint. It is sufficient if the petition is based upon information and belief.
(b) A juvenile court petition is filed with the clerk of the court having jurisdiction over the matter. If such court is a separate juvenile court, the petition is filed with the clerk of the district court. If such court is a county court sitting as a juvenile court, the petition is filed with the clerk of the county court.
(2) In all cases involving violation of a city or village ordinance, the city attorney or village prosecutor may file a petition in juvenile court. If such a petition is filed, for purposes of such proceeding, references in the Nebraska Juvenile Code to county attorney are construed to include a city attorney or village prosecutor.
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1987–2024 · leading case:
State v. Goodwin, 774 N.W.2d 733 (Neb. 2009).
State v. Goodwin, 774 N.W.2d 733 (Neb. 2009).
· cites it 3× “[3] Neb.Rev.Stat. §§ 43-261 (Reissue 2004) and 29-1816 (Reissue 1995); State v.”
State v. McCracken, 615 N.W.2d 902 (Neb. 2000).
· cites it 4× “See, § 29-1816; Neb. Rev. Stat. § 43-261 (Reissue 1998). Section 43-261 also requires that a district court faced with a decision on a motion to transfer jurisdiction to juvenile court consider those factors that are to be considered by the county attorney under § 43-276 when…”
State v. Phinney, 455 N.W.2d 795 (Neb. 1990).
· cites it 4× “See, Neb. Rev. Stat. §§ 43-261 (Reissue 1988) and 29-1816 (Reissue 1989).”
In re Interest of A.A., 307 Neb. 817 (Neb. 2020).
· cites it 2× “Second, Joshua asserts that the ex parte order was void because there was no petition filed in accordance with § 43-247 and Neb. Rev. Stat. § 43-261 (1)(a) (Reissue 2016) at the time of the ex parte order and because there is no statute authorizing a juve- nile court to issue…”
State v. Mantich, 543 N.W.2d 181 (Neb. 1996).
· cites it 2× “The decision of whether to waive jurisdiction over a juvenile and transfer the case to juvenile court is governed by Neb. Rev. Stat. § 43-261 (Reissue 1993), which provides: “In deciding the motion [to transfer to juvenile court] the court shall, after considering the evidence…”
State v. Green, 502 S.E.2d 819 (N.C. 1998).
· cites it 2× “1997), Neb.Rev. Stat. §§ 43-261, 43-276 (1993), N.”
State v. Doyle, 464 N.W.2d 779 (Neb. 1991).
· cites it 2× “Accordingly, the cause is remanded to the district court with directions to review the record made on the motion to transfer to juvenile court and to set forth its findings in the matter as provided by Neb. Rev. Stat. § 43-261 (Reissue 1988). Such findings shall then be…”
State v. Meese, 599 N.W.2d 192 (Neb. 1999).
· cites it 2× “As provided by Neb. Rev. Stat. § 43-261 (Reissue 1998), the court’s decision was not a final order for the purpose of enabling an appeal, and Meese did not appeal.”
State v. Johnson, 497 N.W.2d 28 (Neb. 1993).
· cites it 2× “Restated, Johnson alleges that the district court erred by (1) denying his motion to transfer the case to the juvenile court; (2) refusing to accept his guilty plea, on which he had detrimentally relied; (3) allowing the prosecution to withdraw the plea agreement after Johnson…”
State v. Reynolds, 523 N.W.2d 377 (Neb. 1994).
· cites it 6× “At the transfer hearing in the district court, Reynolds did not direct the judge’s attention to Neb. Rev. Stat. §§ 43-261 (Reissue 1993) and 29-1816 (Reissue 1989) which require a judge to make specific findings as to why a defendant’s motion to transfer a case to the juvenile…”
In re Interest of Steven V., 33 Neb. Ct. App. 256 (Neb. Ct. App. 2024).
· cites it 2× “Generally, to charge a defendant with the commission of a criminal offense, the information or complaint must allege each statu- torily essential element of the crime charged, expressed in the words of the statute which prohibits the conduct charged as a crime, or in language…”
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