Nebraska / Chapter 71. This includes monitoring. (1) A mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919, determines that such person is a dangerous sex offender 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. Public Health and Welfare 71-919. In Nebraska, there must be a substantial risk of harm to a child for temporary, emergency custody to be granted. It does not depend upon relationships, but requires a number of telephone or personal contacts that seriously terrify, threaten, or intimidate the victim and serve no legitimate purpose. Sign up for our free summaries and get the latest delivered directly to you. (1) A peace officer who takes a juvenile into temporary custody under section 29-401 or subdivision (1), (4), (5), or (8) of section 43-248 shall immediately take reasonable measures to notify the juvenile's parent, guardian, custodian, or relative and shall proceed as follows: (a) The peace officer may release a juvenile taken into temporary custody under section 29-401 or subdivision (1), (4), or (8) of section 43-248; (b) The peace officer may require a juvenile taken into temporary custody under section 29-401 or subdivision (1) or (4) of section 43-248 to appear before the court of the county in which such juvenile was taken into custody at a time and place specified in the written notice prepared in triplicate by the peace officer or at the call of the court. Sign up for our free summaries and get the latest delivered directly to you. Ct. R. 6-601(B), allows non-attorneys to file any pleading, motion or other document, except for briefs in the appellate courts, by fax transmission until May 1, 2024.). Upon the execution of the promise to appear, the peace officer shall immediately release such juvenile. Emergency protective custody; dangerous sex offender determination; written certificate; contents. These forms are meant to help people with a "simple" modification. This is used when a petitioner is asking that the Petition be dismissed (cancelled). Electronic notaries are available online and using these services is now approved in Nebraska. The Motion to Vacate and Set Aside and to Dismiss is used when a petitioner is asking that the Protection Order be dismissed (cancelled). Lawyers have experience and knowledge of how the court procedure works and what the judge most wants to hear. The notice shall also contain a concise statement of the reasons such juvenile was taken into custody. (1) The petitioner may apply to the court to have the subject taken into emergency custody and held pending a hearing on the petition and disposition pursuant to sections 71-1122 to 71-1126. People accused of domestic violence may need to defend against protective orders. You can explore additional available newsletters here. Copyright 2022 Vivial Media LLC. This court order form is used by the Court at the first hearing after the removal of the children from the parental home. The protective order can limit contact with a person or place and also grant temporary custody for a short period of time if a child is also at risk of harm or harassment. (vii) A juvenile described in subdivision (1) or (2) of section 43-247, except for a status offender, may be held in a secure area of a jail or other facility intended or used for the detention of adults for up to six hours before and six hours after any court appearance. Get free summaries of new opinions delivered to your inbox! NOTE: It is intended that each person requesting protection through a Sexual Assault Protection Order will file a separate Petition and Affidavit. In the case of Domestic Abuse Protection Orders or Sexual Assault Protection Orders, is used when the petitioner is still in fear and would like to have the expiration date extended by one year. The probation officer shall determine the need for detention of the juvenile as provided in section 43-260.01. If detention is not required, the juvenile may be released without bond if such release is in the best interests of the juvenile, the safety of the community is not at risk, and the court that issued the warrant is notified that the juvenile had been taken into custody and was released. If you are not able to answer all of the questions, simply leave those areas blank. It can include attachments such as copies of text messages or police reports to support the protection order request. . The individual was placed into emergency protective custody after the incident, according to Cody Thomas, the spokesperson for the Nebraska State Patrol. Nebraska Legislature Bill 909 (Prior Session Legislation) NE State Legislature page for LB909. (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; (c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known; (d) The name and address of any other person who may have knowledge of the subject's mental illness or personality disorder 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 medical facility 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 a dangerous sex offender and the clinical basis for such opinion. Until January 1, 2013, a status offender accused of violating a valid court order may be securely detained in a juvenile detention facility longer than twenty-four hours if he or she is afforded a detention hearing before a court within twenty-four hours, excluding nonjudicial days, and if, prior to a dispositional commitment to secure placement, a public agency, other than a court or law enforcement agency, is afforded an opportunity to review the juvenile's behavior and possible alternatives to secure placement and has submitted a written report to the court; and. The Constitution of the State of Nebraska distributes the judicial power of the state among the Supreme Court, Court of Appeals, district courts, and county courts. You should consult an attorney for advice regarding your individual situation. You will be required to sign this document in front of the clerk of the district court, or a notary public. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions of The protective custody hearing order is a final, appealable order but the ex parte order is not. The Petition and Affidavit to Renew a Protection Order. It is not the intent of this section to protect juveniles from harming themselves after being released by law enforcement, nor is there any indication that the Legislature intended to create a civil remedy for its violation. Call a Fort Worth criminal lawyer at 214-303-9600. If the 10 days pass without a request for hearing or the judge grants the protection order after a hearing, you may be out of luck and without contact with your child until the protection order expires in a year. Subject; custody pending entry of treatment order. These instructions and forms were developed to help people better understand legal processes. Consider using a computer at a local library or other location. by Law Office of Julie Fowler | Jul 23, 2020 | Divorce attorney Omaha. The petition and affidavit for a Domestic Abuse Protection Order looks a little different than a Harassment Protection Order petition and affidavit. 71-1204. A protection order is an order from a judge to protect people from abuse, sexual assault, or harassment. (1) Mental health board proceedings shall be deemed to have commenced upon the earlier of (a) the filing of a petition under section 71-921 or (b) notification by the county attorney to the law enforcement officer who took the subject into emergency protective custody under section 71-920 or the . If you are not able to answer all of these, just leave the space blank. A barricaded shootout occurred after Floyd County sheriff's deputies arrived to serve an emergency protective order in a domestic violence case, authorities said. You are not required to have a lawyer but having one may be a good idea, especially if you have children and you expect the other party to seek custody. Nebraska Legislative Bill 257 - The Development of Emergency Facilities for the Temporary Detention of Non-criminal Mentally Ill Dangerous People . 457 Because the child lived at least 6 months. of (5) A juvenile taken into custody pursuant to a legal warrant of arrest shall be delivered to a probation officer who shall determine the need for detention of the juvenile as provided in section 43-260.01. (2) The certificate shall be in writing and shall include the following information: (a) The subjects name and address, if known; (b) The name and address of the subjects spouse, legal counsel, guardian or conservator, and next of kin, if known; (c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known; (d) The name and address of any other person who may have knowledge of the subjects mental illness or personality disorder 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 medical facility 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. The differences of the Domestic Abuse petition and affidavit are detailed later in this document. In re Interest of Stephanie H. et al., 10 Neb. (1) A law enforcement officer who has probable cause to believe that a person is mentally ill and dangerous or a dangerous sex offender and that the harm described in section 71-908 or subdivision (1) of section 83-174.01 is likely to occur before mental . The Constitution of the State of Nebraska distributes the judicial power of the state among the Supreme Court, Court of Appeals, district courts, and county courts. A copy of the certificate shall be forwarded to the county attorney. The peace officer shall notify the juvenile's parents, guardian, custodian, or relative of the juvenile's placement. Anyone planning to handle their own case is urged to consider talking to a lawyer. JC 14:11(8)Termination of Parental Rights Finding and Order. These arrangements are referred to as ex parte orders, meaning one party gives their record of events without the opposing party being able to address the court. (4) When a juvenile is taken into temporary custody pursuant to subdivision (6) of section 43-248, the peace officer shall deliver the juvenile to the enrolled school of such juvenile. Emergency child custody orders are temporary orders released quickly by a court when a child is believed to be at risk of abuse or abduction. Domestic Abuse Protection Order Petition and Affidavit Differences: Social Security Numbers, Gender, and Birth Date Form (DC 6:5(12)), Appealing or Setting Aside a County Court Civil or Small Claims Judgment, Appealing to Supreme Court/Court of Appeals, Appealing a Workers' Compensation Decision to the Court of Appeals, Handgun Certificate Denial or Revocation Appeal, Filing a Motion to Seal Juvenile Criminal Record, Obtaining a Copy of Your Court Record That Has Been Sealed, Request to Open Adoption Records for Adoption Decree or Medical Records, Petition to Set Aside a Criminal Conviction, Request for a Typed Transcript of a Trial or Proceeding, Additional Information: Felony Cases in Nebraska, Additional Information: Misdemeanor Cases in Nebraska, Affidavit for Transfer of Personal Property without Probate, Affidavit for Transfer of Real Property without Probate, Title Transfer for the Deceased's Motor Vehicle, Enforcement of Alimony or Property Settlement Orders, Modification of Custody or Parenting Plan, Filing a Motion for Continuance of Court Hearing, *For People Wanting Limited Legal Assistance, Waiver of Parental Consent for Abortion for Minors, If You Have Been Served with a Protection Order, Appealing or Setting Aside A Small Claims Judgment, Collecting Your Money After A Judgment & Information For Judgment Debtor, Additional Information: Traffic Cases in Nebraska, Annual Judicial Branch Recognition Committee, Consortium of Tribal, State and Federal Courts, Court of Appeals College Campus Initiative, Supreme Court High School & Law School Oral Arguments, Supreme Court Commission on Children in the Courts, Information for Professionals and Stakeholders, About the Nebraska Court Improvement Project, Resources for Private Guardians and Conservators, Frequently Asked Questions for Guardians and Conservators, Questions about the Office of Public Guardian, Internships, Externships, and Volunteer Programs, Interstate Compact and Interdistrict Transfer, Juvenile Detention Alternatives Initiative, Website Design & Development by UNANIMOUS, Social Security Numbers, Gender, and Birth Date Form. 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