Upon the execution of the promise to appear, the peace officer shall immediately release such juvenile. This page provides you with some general information regarding how to complete the required forms in order to file for a protection order. Public Health and Welfare 71-919. In re Interest of R.G., 238 Neb. A parent can ask for the Court to prohibit all contact by the other parent with not only the applying parent but also with any children included as a co-petitioner. (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. This will include an affidavit, a sworn statement indicating why emergency custody is being sought. (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. Your signature on the form must be witnessed by a notary or by court staff. Sign up for our free summaries and get the latest delivered directly to you. All rights reserved. This form is used by the Court to gather information that will not be a part of the public court file. (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. You must file another court order to determine how full or joint custody will be managed.. * Federal and state partners have elevated the need for public mental health and substance use emergency systems to be prepared and optimized. Although the Court can grant a temporary custody order within the protection order, these are generally only granted for a short period of time, such as 60 or 90 days. This court order form is used by the Court at the hearing where the parents are advised of their rights and possible dispositions in an abuse/neglect proceeding. The differences of the Domestic Abuse petition and affidavit are detailed later in this document. If the defendant wants to dispute the protection order, then the defendant must file a request for hearing with the Court within 10 days. This form is to be used once a protection order has been granted, in order to request any changes to the order. Nebraska Legislature Bill 909 (Prior Session Legislation) NE State Legislature page for LB909. It is the public policy of the state of Nebraska that mentally ill and dangerous persons be encouraged to obtain voluntary treatment as a part of their journey towards recovery. Unfortunately, the appeal process takes many months if not a full year before the appellate court decides the matter. This site is protected by reCAPTCHA and the Google, There is a newer version of the Nebraska Revised Statutes. If you are wanting to request a Domestic Abuse Protection Order from the court, you will need to check the box that best represents the relationship between you and the respondent. A barricaded shootout occurred after Floyd County sheriff's deputies arrived to serve an emergency protective order in a domestic violence case, authorities said. Please check official sources. A Domestic Abuse Protection Order is for people who have been in close relationships (relatives, spouses or former spouses, people who have lived or are living together, etc). 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. There arethree types of protection orders. The information you obtain at this site is not, nor is it intended to be, legal advice. If there is not a true risk of harm to the child, then it is better to file a custody case than to include the child as a petitioner on a protection order. The court can supply an interpreter only for hearings, not to help you fill out the forms. This means the judge grants the protection order based on the petition and affidavit alone and without a hearing. Nebraska / Chapter 71. this Statute. LB964, introduced by Omaha Sen. Mike McDonnell, a mental health professional could take a mentally ill and dangerous person or a dangerous sex offender into emergency . The potential injury contemplated by this section is the violation of the juvenile's due process right to have his or her parents notified prior to a dispositional proceeding. Near the end of the form, you will see an area with blank lines. Nebraska law requires individuals in emergency protective custody to undergo a mental health evaluation within 36 hours of being admitted to a mental health facility and to be released unless assessed as mentally ill and dangerous to self or others (Neb. Note: None of these types of protection orders are for the purpose of protecting property. These will be used to help law enforcement identify him/her. Heres how protective orders in Nebraska can affect your child custody case. , Ex parte orders vary by state. Whether defending or applying, seek the services of a legal professional for the best results. This site is protected by reCAPTCHA and the Google, There is a newer version You're all set! Mentally ill and dangerous person; dangerous sex offender; emergency protective custody; evaluation by mental health professional. Modifying a custody or parenting plan can be . After choosing the best packet of forms for your situation, complete theforms on the computer or print to complete by pen. 71-1204. NOTE: It is intended that each person requesting protection through a Sexual Assault Protection Order will file a separate Petition and Affidavit. Nebraska Legislative Bill 257 - The Development of Emergency Facilities for the Temporary Detention of Non-criminal Mentally Ill Dangerous People . 457 It does not depend upon relationships and is granted because someone subjected or attempted to subject the other person to sexual contact or sexual penetration without consent. 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. Read more In re Interest of April E. et. Section 71-919 - Mentally ill and dangerous person; dangerous sex offender; emergency protective custody; evaluation by mental health professional (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 . Nebraska may have more current or accurate information. You are also provided the opportunity on this form to indicate your preference for a district court judge or a county court judge. Get free summaries of new opinions delivered to your inbox! The last check box is a place for you to request any other relief you feel you need in regards to the abuse you have experienced. 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. 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. On this form, you are the petitioner and the person you would like to be protected from is the respondent. This court order form is used by the Court when the Court reviews the dispositional order, which is required every 6 months at the minimum. This includes monitoring. 71-919 (2013)). The Praecipe (DC 19:1) and step-by-step instruction forcompleting the Praecipe (DC 19:1(a)) are available at these links. The burden is upon the State to allege and prove in a detention hearing that the juvenile court should not place children with their other natural parent after the expiration of the first 48 hours of emergency detention under subsection (4) of this section during a period of temporary detention pending adjudication spawned by allegations under subsection (3)(a) of section 43-247 against their custodial parent. Mentally ill and dangerous person; dangerous sex offender; emergency protective custody; evaluation by mental health professional on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (2) When a juvenile is taken into temporary custody pursuant to subdivision (2), (7), or (8) of section 43-248, and not released under subdivision (1)(a) of this section, the peace officer shall deliver the custody of such juvenile to the Department of Health and Human Services which shall make a temporary placement of the juvenile in the least restrictive environment consistent with the best interests of the juvenile as determined by the department. A copy of such certificate shall be immediately forwarded to the county attorney. This court order form is used by the Court at the hearing where the Court determines the permanency goal of the children. The State's failure to comply with the statutory requirements relating to the entry of an ex parte temporary detention order under the provisions of this section does not deprive the juvenile court of jurisdiction. Stat. Subject; custody pending entry of treatment order. The judge sets the protection order for hearing (called a show cause hearing) without granting an emergency order and without requiring the defendant to request the hearing. The permanency hearing, or permanency planning hearing, is federally required to be held within 12 months of the time the children entered foster care. A packet of forms is attached to each definition. JC 14:11(5)Disposition Findings and Order. App. 71-1204. The notice shall also contain a concise statement of the reasons such juvenile was taken into custody. You already receive all suggested Justia Opinion Summary Newsletters. If you do not speak English, ask for a court interpreter before any hearing. The peace officer shall notify the juvenile's parents, guardian, custodian, or relative of the juvenile's placement. But the need . (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. 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