(1) Following an adjudication of jurisdiction and prior to final disposition, the court may provide for evaluation of a juvenile as provided in this section.
(2) If the adjudication of jurisdiction is not under subdivision (1), (2), (3)(b), or (4) of section 43-247, the court may place the juvenile with the Office of Juvenile Services or the Department of Health and Human Services for evaluation. The office or department shall arrange and pay for an appropriate evaluation if the office or department determines that there are no parental funds or private or public insurance available to pay for such evaluation.
(3)(a) If the adjudication of jurisdiction is under subdivision (1), (2), (3)(b), or (4) of section 43-247, the court may order an evaluation to be arranged by the Office of Probation Administration.
(b) For a juvenile in detention, the court shall order that such evaluation be completed and the juvenile returned to the court within twenty-one days after the evaluation.
(c) For a juvenile who is not in detention, the evaluation shall be completed and the juvenile returned to the court within thirty days.
(d) The physician, psychologist, licensed mental health practitioner, professional counselor holding a privilege to practice in Nebraska under the Licensed Professional Counselors Interstate Compact, licensed drug and alcohol counselor, or other provider responsible for completing the evaluation shall have up to ten days to complete the evaluation after receiving the referral authorizing the evaluation.
(4) A juvenile pending evaluation ordered under this section shall not reside in a detention facility at the time of the evaluation or while waiting for the completed evaluation to be returned to the court unless detention of such juvenile is a matter of immediate and urgent necessity for the protection of such juvenile or the person or property of another or if it appears that such juvenile is likely to flee the jurisdiction of the court.
(5) The court shall provide copies of predisposition reports and 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
In Re Interest of Taylor, 276 Neb. 679 (Neb. Ct. App. 2008).
· cites it 9× “The juvenile court may place a juvenile with DHHS for purposes of an evaluation as set forth in Neb. Rev. Stat. § 43-281 (Reissue 2004) and § 43-413.”
Cnty. of Lancaster v. Off. of Juv. Servs., 621 N.W.2d 65 (Neb. 2000).
· cites it 2× “Section 43-413(1) of the Health and Human Services, Office of Juvenile Services Act provides, inter alia, that “[a] court may, pursuant to section 43-281, place a juvenile with the Office of Juvenile Services or the Department of Health and Human Services for an evaluation to…”
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 4× “At the disposition hearings the county court determined that each juvenile should be placed in the Youth Development Center at Geneva, Nebraska, for not to exceed 30 days for the purposes of study and evaluation as provided in Neb. Rev. Stat. § 43-281 (Cum. Supp. 1982).”
State v. Nebraska Dep't of Health & Human Servs., 730 N.W.2d 128 (Neb. Ct. App. 2007).
· cites it 2× “Section 43-413 provides as follows: (1) A court may, pursuant to section 43-281, place a juvenile with [OJS] or [DHHS] for an evaluation to aid the court in the disposition.”
In re Interest of Geonni G. & Kelsey G., No. A-18-823 (Neb. Ct. App. Sept. 10, 2019).
· cites it 3× “Under Neb. Rev. Stat. § 43-281 (1) (Reissue 2016), a court may place a juvenile in the DHHS’ care and custody following an adjudication under § 43-247(3)(a) and prior to final disposition.”
In Re Teneko P., 730 N.W.2d 128 (Neb. Ct. App. 2007).
· cites it 2× “Section 43-413 provides as follows: (1) A court may, pursuant to section 43-281, place a juvenile with [OJS] or [DHHS] for an evaluation to aid the court in the disposition.”
Neb. Rev. Stat. § 43-281(1): 1 case
In re Interest of Geonni G. & Kelsey G., No. A-18-823 (Neb. Ct. App. Sept. 10, 2019).
“Under Neb. Rev. Stat. § 43-281 (1) (Reissue 2016), a court may place a juvenile in the DHHS’ care and custody following an adjudication under § 43-247(3)(a) and prior to final disposition.”
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