Nebraska Revised Statutes

Neb. Rev. Stat. § 43-276 (2026)

County attorney; city attorney; criminal charge, juvenile court petition, pretrial diversion, restorative justice, or transfer of case; determination; considerations; referral to community-based resources

✓ current as of July 2026

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(1) The county attorney or city attorney, in making the determination whether to file a criminal charge, file a juvenile court petition, offer juvenile pretrial diversion or restorative justice, or transfer a case to or from juvenile court, and the juvenile court, county court, or district court in making the determination whether to transfer a case, shall consider: (a) The type of treatment such juvenile would most likely be amenable to; (b) whether there is evidence that the alleged offense included violence; (c) the motivation for the commission of the offense; (d) the age of the juvenile and the ages and circumstances of any others involved in the offense; (e) the previous history of the juvenile, including whether he or she had been convicted of any previous offenses or adjudicated in juvenile court; (f) the best interests of the juvenile; (g) consideration of public safety; (h) consideration of the juvenile's ability to appreciate the nature and seriousness of his or her conduct; (i) whether the best interests of the juvenile and the security of the public may require that the juvenile continue in secure detention or under supervision for a period extending beyond his or her minority and, if so, the available alternatives best suited to this purpose; (j) whether the victim or juvenile agree to participate in restorative justice; (k) whether there is a juvenile pretrial diversion program established pursuant to sections 43-260.02 to 43-260.07; (l) whether the juvenile has been convicted of or has acknowledged unauthorized use or possession of a firearm; (m) whether a juvenile court order has been issued for the juvenile pursuant to section 43-2,106.03; (n) whether the juvenile is a criminal street gang member; and (o) such other matters as the parties deem relevant to aid in the decision.

(2) Prior to filing a petition alleging that a juvenile is a juvenile as described in subdivision (3)(b) of section 43-247, the county attorney shall make reasonable efforts to refer the juvenile and family to community-based resources available to address the juvenile's behaviors, provide crisis intervention, and maintain the juvenile safely in the home. Failure to describe the efforts required by this subsection shall be a defense to adjudication.

Notes of Decisions

Cited in 123 cases (47 in the last 5 years), 1987–2026 · leading case: State v. Leroux, 26 Neb. Ct. App. 76 (Neb. Ct. App. 2018).

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State v. Leroux, 26 Neb. Ct. App. 76 (Neb. Ct. App. 2018). · cites it 24× “Further, the statutory factors are not weighted, and the trial court does not need to resolve every factor against the juvenile in deciding whether to retain the case in adult court.”

State v. Esai P., 28 Neb. Ct. App. 226 (Neb. Ct. App. 2020). · cites it 28× “Although it is preferable for a district court to refer to all the statutory considerations set forth in Neb. Rev. Stat. § 43-276 (1) (Supp. 2019), the statute does not require it to do so.”

State v. Tyler P., 299 Neb. 959 (Neb. 2018). · cites it 12× “The written order indicated that evidence was adduced and that after having considered the criteria set forth in Neb. Rev. Stat. § 43-276 (Reissue 2016), and for the reasons stated in open court, Tyler's motion to transfer the case to the separate juvenile court of Douglas…”

State v. Hunt, 299 Neb. 573 (Neb. 2018). · cites it 5× “8 ANALYSIS NO ABUSE OF DISCRETION IN DENYING TRANSFER Motions to transfer a pending criminal case to juvenile court are governed by § 29-1816(3) (Reissue 2016) and Neb. Rev. Stat. § 43-276 (1) (Reissue 2016).”

State v. Aldana Cardenas, 990 N.W.2d 915 (Neb. 2023). · cites it 10× “2022), after the court considers the evidence in light of the Neb. Rev. Stat. § 43-276 (Cum. Supp. 2022) factors, the case shall be transferred to juvenile court unless a sound basis exists for retaining the case in county court or district court.”

In re Interest of William E., 29 Neb. Ct. App. 44 (Neb. Ct. App. 2020). · cites it 36× “Neb. Rev. Stat. § 43-276 (Supp. 2019) sets forth 15 factors for a juvenile court to consider in making the determination of whether to transfer a case to county court or district court.”

State v. Grimes, 519 N.W.2d 507 (Neb. 1994). · cites it 12× “In deciding whether to transfer proceedings to juvenile court, the court having jurisdiction over a pending criminal prosecution must carefully consider the criteria set forth in § 43-276.”

State v. Steven S. (In Re Steven S.), 299 Neb. 447 (Neb. 2018). · cites it 5× “" JUVENILE COURT'S ORDER The juvenile court entered a comprehensive order outlining its considerations of the factors set forth in Neb. Rev. Stat. § 43-276 (Reissue 2016). The court found it "very clear that [Steven] is not willing to cooperate with treatment services and is not…”

State v. Goodwin, 774 N.W.2d 733 (Neb. 2009). · cites it 4× “[6] Neb.Rev.Stat. § 43-276 (Reissue 2004). [7] State v.”

State v. Lu, 33 Neb. Ct. App. 45 (Neb. Ct. App. 2024). · cites it 27× “The details of the district court’s consideration of the transfer factors contained in Neb. Rev. Stat. § 43-276 (Cum. Supp. 2022) will be provided in our analysis below.”

State v. McCracken, 615 N.W.2d 902 (Neb. 2000). · cites it 7× “Further, § 29-1816 states that the rules of evidence should not apply in such hearing and that “[ajfter considering all the evidence and reasons presented by both parties, pursuant to section 43-276, the case shall be transferred unless a sound basis exists for retaining the…”

State v. Dominguez, 290 Neb. 477 (Neb. 2015). · cites it 6× “In order to retain the proceed- ings, the court need not resolve every factor against the juvenile, and there are no weighted factors and no prescribed method by which more or less weight is assigned to a specific factor. It is a balancing test by which public protection and…”

Show all 123 citing cases →

— Neb. Rev. Stat. § 43-276(1) — 66 cases

State v. Leroux, 26 Neb. Ct. App. 76 (Neb. Ct. App. 2018). “Further, the statutory factors are not weighted, and the trial court does not need to resolve every factor against the juvenile in deciding whether to retain the case in adult court.”

State v. Esai P., 28 Neb. Ct. App. 226 (Neb. Ct. App. 2020). “Although it is preferable for a district court to refer to all the statutory considerations set forth in Neb. Rev. Stat. § 43-276 (1) (Supp. 2019), the statute does not require it to do so.”

State v. Tyler P., 299 Neb. 959 (Neb. 2018). “The written order indicated that evidence was adduced and that after having considered the criteria set forth in Neb. Rev. Stat. § 43-276 (Reissue 2016), and for the reasons stated in open court, Tyler's motion to transfer the case to the separate juvenile court of Douglas…”

State v. Hunt, 299 Neb. 573 (Neb. 2018). “8 ANALYSIS NO ABUSE OF DISCRETION IN DENYING TRANSFER Motions to transfer a pending criminal case to juvenile court are governed by § 29-1816(3) (Reissue 2016) and Neb. Rev. Stat. § 43-276 (1) (Reissue 2016).”

State v. Steven S. (In Re Steven S.), 299 Neb. 447 (Neb. 2018). “" JUVENILE COURT'S ORDER The juvenile court entered a comprehensive order outlining its considerations of the factors set forth in Neb. Rev. Stat. § 43-276 (Reissue 2016). The court found it "very clear that [Steven] is not willing to cooperate with treatment services and is not…”

— Neb. Rev. Stat. § 43-276(1)(a) — 26 cases

In re Interest of William E., 29 Neb. Ct. App. 44 (Neb. Ct. App. 2020). “Neb. Rev. Stat. § 43-276 (Supp. 2019) sets forth 15 factors for a juvenile court to consider in making the determination of whether to transfer a case to county court or district court.”

In re Interest of Jorge A., 990 N.W.2d 560 (Neb. Ct. App. 2023).

State v. Lu, 33 Neb. Ct. App. 45 (Neb. Ct. App. 2024). “The details of the district court’s consideration of the transfer factors contained in Neb. Rev. Stat. § 43-276 (Cum. Supp. 2022) will be provided in our analysis below.”

State v. Moore (Neb. Ct. App. 2023).

— Neb. Rev. Stat. § 43-276(1)(b) — 19 cases

In re Interest of Jorge A., 990 N.W.2d 560 (Neb. Ct. App. 2023).

State v. Horton (Neb. Ct. App. 2022).

— Neb. Rev. Stat. § 43-276(1)(c) — 20 cases

In re Interest of Jorge A., 990 N.W.2d 560 (Neb. Ct. App. 2023).

State v. Moore (Neb. Ct. App. 2023).

— Neb. Rev. Stat. § 43-276(1)(d) — 21 cases

State v. Moore (Neb. Ct. App. 2023).

State v. Nagel (Neb. Ct. App. 2020).

State v. Morales-Lopez (Neb. Ct. App. 2020).

— Neb. Rev. Stat. § 43-276(1)(e) — 21 cases

State v. Keean F. (Neb. Ct. App. 2020).

State v. Nagel (Neb. Ct. App. 2020).

— Neb. Rev. Stat. § 43-276(1)(f) — 19 cases

In re Interest of Jorge A., 990 N.W.2d 560 (Neb. Ct. App. 2023).

State v. Burns (Neb. Ct. App. 2023).

State v. Nagel (Neb. Ct. App. 2020).

— Neb. Rev. Stat. § 43-276(1)(g) — 21 cases

In re Interest of Jorge A., 990 N.W.2d 560 (Neb. Ct. App. 2023).

State v. Moore (Neb. Ct. App. 2023).

— Neb. Rev. Stat. § 43-276(1)(h) — 24 cases

In re Interest of Jorge A., 990 N.W.2d 560 (Neb. Ct. App. 2023).

State v. Comer, 26 Neb. Ct. App. 270 (Neb. Ct. App. 2018).

— Neb. Rev. Stat. § 43-276(1)(i) — 19 cases

State v. Leroux, 26 Neb. Ct. App. 76 (Neb. Ct. App. 2018).

— Neb. Rev. Stat. § 43-276(1)(j) — 17 cases

State v. Kodi B. (Neb. Ct. App. 2023).

State v. Burns (Neb. Ct. App. 2023).

State v. Nagel (Neb. Ct. App. 2020).

— Neb. Rev. Stat. § 43-276(1)(k) — 15 cases

State v. Nagel (Neb. Ct. App. 2020).

State v. Morales-Lopez (Neb. Ct. App. 2020).

State v. Horton (Neb. Ct. App. 2022).

— Neb. Rev. Stat. § 43-276(1)(l) — 18 cases

State v. Horton (Neb. Ct. App. 2022).

State v. Nagel (Neb. Ct. App. 2020).

— Neb. Rev. Stat. § 43-276(1)(m) — 16 cases

In re Interest of Jorge A., 990 N.W.2d 560 (Neb. Ct. App. 2023).

State v. Nagel (Neb. Ct. App. 2020).

State v. Morales-Lopez (Neb. Ct. App. 2020).

— Neb. Rev. Stat. § 43-276(1)(n) — 17 cases

State v. Nagel (Neb. Ct. App. 2020).

State v. Morales-Lopez (Neb. Ct. App. 2020).

— Neb. Rev. Stat. § 43-276(1)(o) — 15 cases

State v. Hernandez (Neb. Ct. App. 2023).

State v. Nagel (Neb. Ct. App. 2020).

State v. Horton (Neb. Ct. App. 2022).

— Neb. Rev. Stat. § 43-276(2) — 7 cases

In re Interest of Reality W., 302 Neb. 878 (Neb. 2019).

In re Interest of Hla H., 25 Neb. Ct. App. 118 (Neb. Ct. App. 2017).

In re Interest of Cole J., 26 Neb. Ct. App. 951 (Neb. Ct. App. 2019).

In re Interest of Reality W., 302 Neb. 878 (Neb. 2019).

— Neb. Rev. Stat. § 43-276(3) — 1 case

State v. Aldana Cardenas, 990 N.W.2d 915 (Neb. 2023). “2022), after the court considers the evidence in light of the Neb. Rev. Stat. § 43-276 (Cum. Supp. 2022) factors, the case shall be transferred to juvenile court unless a sound basis exists for retaining the case in county court or district court.”

— Neb. Rev. Stat. § 43-276(6) — 1 case

State v. Grimes, 519 N.W.2d 507 (Neb. 1994). “In deciding whether to transfer proceedings to juvenile court, the court having jurisdiction over a pending criminal prosecution must carefully consider the criteria set forth in § 43-276.”

— Neb. Rev. Stat. § 43-276(a) — 2 cases

State v. Milton (Neb. Ct. App. 2025).

State v. Little (Neb. Ct. App. 2024).

— Neb. Rev. Stat. § 43-276(b) — 3 cases

State v. Huynh (Neb. Ct. App. 2019).

State v. Kodi B. (Neb. Ct. App. 2023).

State v. Milton (Neb. Ct. App. 2025).

— Neb. Rev. Stat. § 43-276(c) — 4 cases

State v. Little (Neb. Ct. App. 2024).

State v. Milton (Neb. Ct. App. 2025).

State v. Kodi B. (Neb. Ct. App. 2023).

In re Interest of Anfernee W. (Neb. Ct. App. 2023).

— Neb. Rev. Stat. § 43-276(d) — 3 cases

State v. Little (Neb. Ct. App. 2024).

In re Interest of Anfernee W. (Neb. Ct. App. 2023).

State v. Milton (Neb. Ct. App. 2025).

— Neb. Rev. Stat. § 43-276(e) — 4 cases

State v. Little (Neb. Ct. App. 2024).

State v. Horton (Neb. Ct. App. 2022).

In re Interest of Anfernee W. (Neb. Ct. App. 2023).

State v. Milton (Neb. Ct. App. 2025).

— Neb. Rev. Stat. § 43-276(f) — 4 cases

State v. Little (Neb. Ct. App. 2024).

State v. Huynh (Neb. Ct. App. 2019).

State v. Kodi B. (Neb. Ct. App. 2023).

In re Interest of Anfernee W. (Neb. Ct. App. 2023).

— Neb. Rev. Stat. § 43-276(g) — 4 cases

In re Interest of Anfernee W. (Neb. Ct. App. 2023).

State v. Little (Neb. Ct. App. 2024).

State v. Milton (Neb. Ct. App. 2025).

State v. Kodi B. (Neb. Ct. App. 2023).

— Neb. Rev. Stat. § 43-276(h) — 4 cases

State v. Kodi B. (Neb. Ct. App. 2023).

State v. Horton (Neb. Ct. App. 2022).

In re Interest of Anfernee W. (Neb. Ct. App. 2023).

State v. Milton (Neb. Ct. App. 2025).

— Neb. Rev. Stat. § 43-276(i) — 5 cases

State v. Little (Neb. Ct. App. 2024).

State v. Milton (Neb. Ct. App. 2025).

State v. Huynh (Neb. Ct. App. 2019).

State v. Kodi B. (Neb. Ct. App. 2023).

In re Interest of Anfernee W. (Neb. Ct. App. 2023).

— Neb. Rev. Stat. § 43-276(j) — 1 case

State v. Little (Neb. Ct. App. 2024).

— Neb. Rev. Stat. § 43-276(l) — 3 cases

State v. Little (Neb. Ct. App. 2024).

In re Interest of Anfernee W. (Neb. Ct. App. 2023).

State v. Buettner (Neb. Ct. App. 2024).

— Neb. Rev. Stat. § 43-276(m) — 1 case

State v. Huynh (Neb. Ct. App. 2019).

— Neb. Rev. Stat. § 43-276(n) — 1 case

State v. Little (Neb. Ct. App. 2024).

— Neb. Rev. Stat. § 43-276(o) — 3 cases

State v. Little (Neb. Ct. App. 2024).

State v. Huynh (Neb. Ct. App. 2019).

In re Interest of Anfernee W. (Neb. Ct. App. 2023).

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