(1) The adjudication portion of hearings shall be conducted before the court without a jury, applying the customary rules of evidence in use in trials without a jury. When the petition alleges the juvenile to be within the provisions of subdivision (1), (2), (3)(b), or (4) of section 43-247 and the juvenile or his or her parent, guardian, or custodian appears with or without counsel, the court shall inform the parties:
(a) Of the nature of the proceedings and the possible consequences or dispositions pursuant to sections 43-284 to 43-286, 43-289, and 43-290 that may apply to the juvenile's case following an adjudication of jurisdiction;
(b) Of such juvenile's right to counsel as provided in sections 43-272 and 43-273;
(c) Of the privilege against self-incrimination by advising the juvenile, parent, guardian, or custodian that the juvenile may remain silent concerning the charges against the juvenile and that anything said may be used against the juvenile;
(d) Of the right to confront anyone who testifies against the juvenile and to cross-examine any persons who appear against the juvenile;
(e) Of the right of the juvenile to testify and to compel other witnesses to attend and testify in his or her own behalf;
(f) Of the right of the juvenile to a speedy adjudication hearing; and
(g) Of the right to appeal and have a transcript for such purpose.
After giving such warnings and admonitions, the court may accept an in-court admission or answer of no contest by the juvenile of all or any part of the allegations in the petition if the court has determined from examination of the juvenile and those present that such admission or answer of no contest is intelligently, voluntarily, and understandingly made and with an affirmative waiver of rights and that a factual basis for such admission or answer of no contest exists. The waiver of the right to counsel shall satisfy section 43-3102. The court may base its adjudication provided in subsection (2) of this section on such admission or answer of no contest.
(2) If the juvenile denies the petition or stands mute the court shall first allow a reasonable time for preparation if needed and then consider only the question of whether the juvenile is a person described by section 43-247. After hearing the evidence on such question, the court shall make a finding and adjudication, to be entered on the records of the court, whether or not the juvenile is a person described by subdivision (1), (2), (3)(b), or (4) of section 43-247 based upon proof beyond a reasonable doubt. If an Indian child is involved, the standard of proof shall be in compliance with the Nebraska Indian Child Welfare Act, if applicable.
(3) If the court shall find that the juvenile named in the petition is not within the provisions of section 43-247, it shall dismiss the case. If the court finds that the juvenile named in the petition is such a juvenile, it shall make and enter its findings and adjudication accordingly, designating which subdivision or subdivisions of section 43-247 such juvenile is within; the court shall allow a reasonable time for preparation if needed and then proceed to an inquiry into the proper disposition to be made of such juvenile.
Notes of Decisions
State v. K.M. (In Re Interest K.M.), 299 Neb. 636 (Neb. 2018).
· cites it 4× “11, 2018) (indicating that what was previously diagnosed as Asperger syndrome has now been categorized as autism spectrum disorder since the publication of the DSM-5 diagnostic manual in 2013).”
In re Interest of Quiotis C., 32 Neb. Ct. App. 932 (Neb. Ct. App. 2024).
· cites it 9× “It denied his motion for a jury trial pursuant to Neb. Rev. Stat. § 43-279 (1) (Reissue 2016), which provides that “[t]he adjudication portion of hearings shall be conducted before the court without a jury, applying the customary rules of evidence in use in trials without a jury.”
In re Interest of Zoie H., 304 Neb. 868 (Neb. 2020).
· cites it 7× “” The matter proceeded to an adjudica- tion hearing on the amended supplemental petition. 2. Adjudication Hearing At the adjudication hearing, the State called three witnesses: Cuca, the convenience store manager, and Sergeant Ripley.”
In Re Interest of JS, 417 N.W.2d 147 (Neb. 1987).
· cites it 5× “The standard for permissible evidence at an adjudication hearing is stated in Neb. Rev. Stat. § 43-279 (1) (Cum. Supp. 1986), as apart of the Nebraska Juvenile Code, which provides that admissibility of evidence shall be governed by “the customary rules of evidence in use in…”
In re Interest of Alan L., 294 Neb. 261 (Neb. 2016).
· cites it 2× “21 See Neb. Rev. Stat. § 43-279 (Reissue 2008) and § 43-286(5)(b)(ii).”
In Re Interest of Brandy M., 550 N.W.2d 17 (Neb. 1996).
· cites it 5× “Neb. Rev. Stat. § 43-279 (1) (Reissue 1993), in pertinent part, states: When the petition alleges the juvenile to be within the provisions of subdivision (1), (2), (3)(b), or (4) of section 43-247 and the juvenile or his or her parent .”
In re Interest of LeVanta S., 887 N.W.2d 502 (Neb. 2016).
· cites it 2× “01 (providing parents with right to respond to allegations in § 43-247(3)(a) petition) and Neb. Rev. Stat. § 43-279 (Reissue 2008) (providing juveniles with right to respond to allegations under § 43-247(1), (2), (3)(b), or (4)).”
In Re Interest of Dalton S., 730 N.W.2d 816 (Neb. 2007).
· cites it 3× “Section 43-279(1) provides that the court shall inform the parties of the nature of the proceedings and possible consequences or dispositions, the juvenile’s right to counsel, the privilege against self-incrimination, the right to confront witnesses, the right to compel…”
In Re Interest of LD, 398 N.W.2d 91 (Neb. 1986).
· cites it 6× “We note that § 43-279 (Cum.Supp.1986), which became effective on September 6, 1985, now requires all adjudications under § 43-247 except an adjudication involving subsection (3)(a) to be "based upon proof beyond a reasonable doubt.”
In Re Interest of Torrey B., 577 N.W.2d 310 (Neb. Ct. App. 1998).
· cites it 5× “Moreover, Neb. Rev. Stat. § 43-279 (1) (Reissue 1993) lists the rights of which the court must inform the parties when a petition alleges a juvenile to be within the provisions of § 43-247(1), (2), (3)(b), or (4) and the juvenile or his or her parent, guardian, or custodian…”
— Neb. Rev. Stat. § 43-279(1) — 16 cases
In Re Interest of Dalton S., 730 N.W.2d 816 (Neb. 2007).
“Section 43-279(1) provides that the court shall inform the parties of the nature of the proceedings and possible consequences or dispositions, the juvenile’s right to counsel, the privilege against self-incrimination, the right to confront witnesses, the right to compel…”
In re Interest of Zoie H., 304 Neb. 868 (Neb. 2020).
“” The matter proceeded to an adjudica- tion hearing on the amended supplemental petition. 2. Adjudication Hearing At the adjudication hearing, the State called three witnesses: Cuca, the convenience store manager, and Sergeant Ripley.”
In Re Interest of Torrey B., 577 N.W.2d 310 (Neb. Ct. App. 1998).
“Moreover, Neb. Rev. Stat. § 43-279 (1) (Reissue 1993) lists the rights of which the court must inform the parties when a petition alleges a juvenile to be within the provisions of § 43-247(1), (2), (3)(b), or (4) and the juvenile or his or her parent, guardian, or custodian…”
In Re Interest of JS, 417 N.W.2d 147 (Neb. 1987).
“The standard for permissible evidence at an adjudication hearing is stated in Neb. Rev. Stat. § 43-279 (1) (Cum. Supp. 1986), as apart of the Nebraska Juvenile Code, which provides that admissibility of evidence shall be governed by “the customary rules of evidence in use in…”
— Neb. Rev. Stat. § 43-279(1)(a) — 1 case
— Neb. Rev. Stat. § 43-279(1)(c) — 1 case
— Neb. Rev. Stat. § 43-279(1)(f) — 1 case
— Neb. Rev. Stat. § 43-279(2) — 10 cases
State v. K.M. (In Re Interest K.M.), 299 Neb. 636 (Neb. 2018).
“11, 2018) (indicating that what was previously diagnosed as Asperger syndrome has now been categorized as autism spectrum disorder since the publication of the DSM-5 diagnostic manual in 2013).”
In re Interest of Quiotis C., 32 Neb. Ct. App. 932 (Neb. Ct. App. 2024).
“It denied his motion for a jury trial pursuant to Neb. Rev. Stat. § 43-279 (1) (Reissue 2016), which provides that “[t]he adjudication portion of hearings shall be conducted before the court without a jury, applying the customary rules of evidence in use in trials without a jury.”
In Re Interest of LD, 398 N.W.2d 91 (Neb. 1986).
“We note that § 43-279 (Cum.Supp.1986), which became effective on September 6, 1985, now requires all adjudications under § 43-247 except an adjudication involving subsection (3)(a) to be "based upon proof beyond a reasonable doubt.”
— Neb. Rev. Stat. § 43-279(3) — 2 cases
In Re Interest of LD, 398 N.W.2d 91 (Neb. 1986).
“We note that § 43-279 (Cum.Supp.1986), which became effective on September 6, 1985, now requires all adjudications under § 43-247 except an adjudication involving subsection (3)(a) to be "based upon proof beyond a reasonable doubt.”
— Neb. Rev. Stat. § 43-279(l)(a) — 1 case
— Neb. Rev. Stat. § 43-279(l)(f) — 1 case
In Re Interest of Brandy M., 550 N.W.2d 17 (Neb. 1996).
“Neb. Rev. Stat. § 43-279 (1) (Reissue 1993), in pertinent part, states: When the petition alleges the juvenile to be within the provisions of subdivision (1), (2), (3)(b), or (4) of section 43-247 and the juvenile or his or her parent .”
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