Nebraska Revised Statutes

Neb. Rev. Stat. § 71-1102 (2026)

Public policy

✓ current as of July 2026

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The Legislature recognizes the right of all persons, including individuals with developmental disabilities, to enjoy personal liberty and freedom. It is the public policy of the State of Nebraska to encourage persons with developmental disabilities to voluntarily choose their own services. It is also the public policy of the State of Nebraska to use guardians, preferably family members, to make and support service and placement decisions when a person with developmental disabilities is determined by a court to be incompetent, but there are instances in which the threat of harm to other persons in society is sufficient that a court should balance the rights of such person with the interests of society and place care and custody of such person with the State of Nebraska for appropriate treatment and services.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: In re Interest of T.W., 991 N.W.2d 280 (Neb. 2023).

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In re Interest of T.W., 991 N.W.2d 280 (Neb. 2023). “” [9] The issue here is whether a preponderance of the evi- dence showed that DHHS’ plan for a shared living provider 31 § 71-1102. 32 Id. 33 § 71-1109. 34 § 71-1124.”

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