43-254.01 Temporary mental health placement; evaluation; procedure. - Nebraska Statutes

43-254.01. Temporarymental health placement; evaluation; procedure.(1)Any time a juvenile is temporarily placed at a mental health facility pursuantto subsection (3) of section 43-250 or by a court as a juvenile who is mentally ill and dangerous, a mentalhealth professional as defined in section 71-906 shall evaluate the mentalcondition of the juvenile as soon as reasonably possible but not later thanthirty-six hours after the juvenile's admission, unless the juvenile was evaluatedby a mental health professional immediately prior to the juvenile being placedin temporary custody and the temporary custody is based upon the conclusionsof that evaluation. The mental health professional who performed the evaluationprior to the temporary custody or immediately after the temporary custodyshall, without delay, convey the results of his or her evaluation to the countyattorney.(2) If it is the judgment of the mental health professionalthat the juvenile is not mentally ill and dangerous or that the harm describedin section 71-908 is not likely to occur before the matter may be heard bya juvenile court, the mental health professional shall immediately notifythe county attorney of that conclusion and the county attorney shall eitherproceed to hearing before the court within twenty-four hours or order theimmediate release of the juvenile from temporary custody. Such release shallnot prevent the county attorney from proceeding on the petition if he or sheso chooses.(3) A juvenile taken into temporary protective custody under subsection (3) of section 43-250 shall have the opportunity to proceed to adjudication hearing withinseven days unless the matter is continued. Continuances shall be liberallygranted at the request of the juvenile, his or her guardian ad litem, attorney,parents, or guardian. Continuances may be granted to permit the juvenile anopportunity to obtain voluntary treatment. SourceLaws 1997, LB 622, § 67; Laws 2004, LB 1083, § 95; Laws 2010, LB800, § 18.Effective Date: July 15, 2010