Nebraska Revised Statutes

Neb. Rev. Stat. § 71-1214 (2026)

Treatment order of mental health board; appeal; final order of district court; appeal

✓ current as of July 2026

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The subject of a petition or the county attorney may appeal a treatment order of the mental health board under section 71-1209 to the district court. Such appeals shall be de novo on the record. A final order of the district court may be appealed to the Court of Appeals in accordance with the procedure in criminal cases. The final judgment of the court shall be certified to and become a part of the records of the mental health board with respect to the subject.

Notes of Decisions

Cited in 9 cases (5 in the last 5 years), 2016–2025 · leading case: In re Interest of L.T., 886 N.W.2d 525 (Neb. 2016).

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In re Interest of L.T., 886 N.W.2d 525 (Neb. 2016). · cites it 16× “And the statutory language of Neb. Rev. Stat. § 71-1214 (Reissue 2009) directs that all such appeals are to be taken in accordance with the procedure in criminal cases, indicating the Legislature intended a single procedure to apply regardless of which party takes the appeal,…”

Martinez v. Whitmire (D. Neb. 2025). · cites it 6× “(citing Neb. Rev. Stat. § 71-1214 , providing that “a subject committed under SOCA may appeal to the district court from a treatment order entered under § 71-1209”).”

In re Interest of R.T., 30 Neb. Ct. App. 405 (Neb. Ct. App. 2021). · cites it 2× “As it related to orders under § 71-1219, the court noted that, although § 71-1214 contemplated the right to directly appeal from a “treatment order” entered under § 71-1209 of SOCA, the same could not be said to review orders under § 71-1219.”

In re Interest of D.I. (Neb. Ct. App. 2018). · cites it 3× “Though he concedes that “the intent of SOCA isn’t to re-try a case at each hearing,” he maintains that there “is no procedural bar to overturning a previous Board order.”

Martinez v. Dawson (Neb. Ct. App. 2020). · cites it 3× “Neb. Rev. Stat. § 71-1214 (Reissue 2018) provides that a subject committed under SOCA may appeal to the district court from a treatment order entered under § 71-1209.”

Anderson v. Sacriste (D. Neb. 2021). · cites it 2× “Neb. Rev. Stat. § 71-1214 . Thus, under Nebraska law, Anderson’s original commitment order dated January 12, 2017 was a final appealable order which had to be appealed within 30 days.”

Bumann v. Nebraska Mental Health Bd. (D. Neb. 2021). · cites it 2× “Neb. Rev. Stat. § 71-1214 . The state court procedure available to Bumann under SOCA “is not a criminal appeal and postconviction proceeding” pursuant to Neb.”

Jones v. Whitmire (D. Neb. 2022). · cites it 2× “Neb. Rev. Stat. § 71-1214 . The state court procedure available to Jones under the SOCA “is not a criminal appeal and postconviction proceeding” pursuant to Neb.”

In re Interest of M.J. (Neb. Ct. App. 2019). “§ 71-1214. And in reviewing a district court’s judgment under SOCA, an appellate court will affirm unless it finds, as a matter of law, that clear and convincing evidence does not support the judgment.”

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