Nebraska Revised Statutes

Neb. Rev. Stat. § 43-289 (2026)

Juvenile committed; release from confinement upon reaching age of majority; hospital treatment; custody in state institutions; discharge

✓ current as of July 2026

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In no case shall a juvenile committed under the terms of the Nebraska Juvenile Code be confined after he or she reaches the age of majority. The court may, when the health or condition of any juvenile adjudged to be within the terms of such code shall require it, cause the juvenile to be placed in a public hospital or institution for treatment or special care or in an accredited and suitable private hospital or institution which will receive the juvenile for like purposes. Whenever any juvenile has been committed to the Department of Health and Human Services, the department shall follow the court's orders, if any, concerning the juvenile's specific needs for treatment or special care for his or her physical well-being and healthy personality. If the court finds any such juvenile to be a person with an intellectual disability, the court may, upon attaching a physician's certificate and a report as to the mental capacity of such person, commit such juvenile directly to an authorized and appropriate state or local facility or home.

The marriage of any juvenile committed to a state institution under the age of nineteen years shall not make such juvenile of the age of majority.

A juvenile committed to any such institution shall be subject to the control of the superintendent thereof, and the superintendent, with the advice and consent of the Department of Health and Human Services, shall adopt and promulgate rules and regulations for the promotion, paroling, and final discharge of residents such as shall be considered mutually beneficial for the institution and the residents. Upon final discharge of any resident, such department shall file a certified copy of the discharge with the court which committed the resident.

Notes of Decisions

Cited in 4 cases, 1995–2019 · leading case: In re Interest of Giavonni P., 304 Neb. 580 (Neb. 2019).

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In re Interest of Giavonni P., 304 Neb. 580 (Neb. 2019). · cites it 4× “”19 Also of note is Neb. Rev. Stat. § 43-289 (Reissue 2016), which provides: The court may, when the health or condition of any juvenile adjudged to be within the terms of such code shall require it, cause the juvenile to be placed in a public hospital or institution for…”

In Re Interest of Daniel W., 529 N.W.2d 548 (Neb. Ct. App. 1995). · cites it 8× “In reviewing the Nebraska Juvenile Code, we note that in addition to the statutory jurisdictional authority over the parents granted pursuant to § 43-247(5), the juvenile code gives the juvenile court broad authority to initiate care, placement, and rehabilitation plans which…”

In Re Interest of Steven K., 661 N.W.2d 320 (Neb. Ct. App. 2003). · cites it 4× “The only reference to marriage in the juvenile code is found in § 43-289, which provides in part: In no case shall a juvenile committed under the terms of the Nebraska Juvenile Code be confined after he or she reaches the ages of majority.”

In Re Interest of Taylor, 276 Neb. 679 (Neb. Ct. App. 2008). “And § 43-289 authorizes the juvenile court to make a placement only in the limited instance where it is necessary to admit a juvenile into a hospital, a situation not presented by these cases.”

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