Nebraska Revised Statutes

Neb. Rev. Stat. § 71-920 (2026)

Mentally ill and dangerous person; certificate of mental health professional; contents

✓ current as of July 2026

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(1) Except as provided in subsection (3) of this section, a mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919, determines that such person is mentally ill and dangerous shall execute a written certificate as provided in subsection (2) of this section not later than twenty-four hours after the completion of such evaluation. A copy of such certificate shall be immediately forwarded to the county attorney.

(2) The certificate shall be in writing and shall include the following information:

(a) The subject's name and address, if known;

(b) The name and address of the subject's spouse, legal counsel, guardian or conservator, and next-of-kin, if known;

(d) The name and address of any other person who may have knowledge of the subject's mental illness or substance dependence who may be called as a witness at a mental health board hearing with respect to the subject, if known;

(e) The name and address of the facility or jail in which the subject is being held for emergency protective custody and evaluation;

(f) The name and work address of the certifying mental health professional;

(g) A statement by the certifying mental health professional that he or she has evaluated the subject since the subject was admitted for emergency protective custody and evaluation; and

(h) A statement by the certifying mental health professional that, in his or her clinical opinion, the subject is mentally ill and dangerous and the clinical basis for such opinion.

(3) In the case of a subject domiciled within Indian country who is taken into emergency protective custody by a law enforcement officer under tribal law, a mental health professional who, upon evaluation of such person, determines that such person is mentally ill and dangerous shall execute appropriate written documentation in a format provided by the tribe not later than twenty-four hours after the completion of such evaluation. A copy of such certificate shall be immediately forwarded to the person designated by the tribe.

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: Holloway v. State, 875 N.W.2d 435 (Neb. 2016).

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Holloway v. State, 875 N.W.2d 435 (Neb. 2016). · cites it 5× “14 But § 71-920 is inapplicable, because Jenkins was not “admitted for emergency protective custody.”

— Neb. Rev. Stat. § 71-920(1) — 1 case

Holloway v. State, 875 N.W.2d 435 (Neb. 2016). “14 But § 71-920 is inapplicable, because Jenkins was not “admitted for emergency protective custody.”

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