Neb. Rev. Stat. » Chapter 71
Nebraska Revised Statutes

Neb. Rev. Stat. § 71-908 (2026)

Mentally ill and dangerous person, defined

✓ current as of July 2026
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Mentally ill and dangerous person means a person who is mentally ill or substance dependent and because of such mental illness or substance dependence presents:

(1) A substantial risk of serious harm to another person or persons within the near future as manifested by evidence of recent violent acts or threats of violence or by placing others in reasonable fear of such harm; or

(2) A substantial risk of serious harm to himself or herself within the near future as manifested by evidence of recent attempts at, or threats of, suicide or serious bodily harm or evidence of inability to provide for his or her basic human needs, including food, clothing, shelter, essential medical care, or personal safety.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 2005–2024 · leading case: In re Interest of LeVanta S., 887 N.W.2d 502 (Neb. 2016).
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In re Interest of LeVanta S., 887 N.W.2d 502 (Neb. 2016). · cites it 4× “” The nature of the adjudication bringing the brothers under the jurisdiction of the juvenile court is important to understanding whether the order affected a substantial right of the parents.”
Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007). · cites it 8× “Neb.Rev.Stat. § 71-908 states: Mentally ill and dangerous person means a person who is mentally ill or substance dependent and because of such mental illness or substance dependence presents: (1) A substantial risk of serious harm to another person or persons within the near…”
Holloway v. State, 875 N.W.2d 435 (Neb. 2016). · cites it 2× “If the county attorney concurs that such person is mentally ill and dangerous and that neither voluntary hospitalization nor other treat- ment alternatives less restrictive of the subject’s liberty than inpatient or outpatient treatment ordered by a mental health board is…”
In Re Interest of JR, 762 N.W.2d 305 (Neb. 2009). · cites it 5× “" [107] SOCA does not include § 71-908 in its definition. It is unclear whether the Legislature intended for the recent act requirement of § 71-908 to apply to SOCA.”
United States v. Christopher Perkins, 67 F.4th 583 (4th Cir. 2023). · cites it 4× “§ 53-21-126 (1) (West 2022); Neb. Rev. Stat. § 71-908 (West 2022); Nev.”
State v. Michael U., 728 N.W.2d 116 (Neb. 2007). · cites it 4× “The court found that upon its de novo review of the record, there was clear and convincing evidence that Michael was mentally ill and dangerous and that neither voluntary hospitalization nor other treatment alternatives less restrictive of Michael’s liberty were available or…”
Verle O. v. Mental Health Bd., 691 N.W.2d 177 (Neb. Ct. App. 2005). · cites it 2× “§ 83-1009 (Reissue 1999) has subsequently been repealed, and its successor can now be found at Neb. Rev. Stat. § 71-908 (Cum. Supp. 2004), operative July 1, 2004.”
In Re Interest of Verle O., 13 Neb. Ct. App. 256 (Neb. Ct. App. 2005). · cites it 2× “§ 83-1009 (Reissue 1999) has subsequently been repealed, and its successor can now be found at Neb. Rev. Stat. § 71-908 (Cum. Supp. 2004), operative July 1, 2004.”
In Re Interest of OS, 763 N.W.2d 723 (Neb. 2009). “[14] § 71-908(1). [15] In re Interest of Kochner, supra note 8, 266 Neb.”
In re Guardianship of Nicholas H., 309 Neb. 1 (Neb. 2021). · cites it 2× “37 See Neb. Rev. Stat. § 71-908 (Reissue 2018) (defining mentally ill and dangerous person).”
In Re Interest of Michael U., 720 N.W.2d 403 (Neb. Ct. App. 2006). · cites it 7× “The Board found clear and convincing proof that Michael was a mentally ill dangerous person pursuant to Neb. Rev. Stat. § 71-908 (1) (Cum. Supp. 2004).”
In re Interest of R.C. (Neb. Ct. App. 2024). · cites it 8× “assigns that the Board erred in finding that there was clear and convincing evidence (1) to support his diagnosis of schizoaffective disorder, bipolar type, pursuant to § 71-907, (2) that he presented a substantial risk of serious harm within the near future to himself or others…”
Show all 16 citing cases →
— Neb. Rev. Stat. § 71-908(1) — 4 cases
In Re Interest of JR, 762 N.W.2d 305 (Neb. 2009). “" [107] SOCA does not include § 71-908 in its definition. It is unclear whether the Legislature intended for the recent act requirement of § 71-908 to apply to SOCA.”
State v. Michael U., 728 N.W.2d 116 (Neb. 2007). “The court found that upon its de novo review of the record, there was clear and convincing evidence that Michael was mentally ill and dangerous and that neither voluntary hospitalization nor other treatment alternatives less restrictive of Michael’s liberty were available or…”
In Re Interest of OS, 763 N.W.2d 723 (Neb. 2009). “[14] § 71-908(1). [15] In re Interest of Kochner, supra note 8, 266 Neb.”
In Re Interest of Michael U., 720 N.W.2d 403 (Neb. Ct. App. 2006). “The Board found clear and convincing proof that Michael was a mentally ill dangerous person pursuant to Neb. Rev. Stat. § 71-908 (1) (Cum. Supp. 2004).”
— Neb. Rev. Stat. § 71-908(2) — 2 cases
In Re Interest of JR, 762 N.W.2d 305 (Neb. 2009). “" [107] SOCA does not include § 71-908 in its definition. It is unclear whether the Legislature intended for the recent act requirement of § 71-908 to apply to SOCA.”
In re Interest of J.C. (Neb. Ct. App. 2017).
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