(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. Rev. Disclaimer: These codes may not be the most recent version. Nebraska may have more current or accurate information. Although there was a South Dakota custody order, the Nebraska court could continue its jurisdiction so long as the emergency. 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Whether defending or applying, seek the services of a legal professional for the best results. by Law Office of Julie Fowler | Jul 23, 2020 | Divorce attorney Omaha. All rights reserved. When secure detention of a juvenile is necessary, such detention shall occur within a juvenile detention facility except: (i) When a juvenile described in subdivision (1) or (2) of section 43-247, except for a status offender, is taken into temporary custody within a metropolitan statistical area and where no juvenile detention facility is reasonably available, the juvenile may be delivered, for temporary custody not to exceed six hours, to a secure area of a jail or other facility intended or used for the detention of adults solely for the purposes of identifying the juvenile and ascertaining his or her health and well-being and for safekeeping while awaiting transport to an appropriate juvenile placement or release to a responsible party; (ii) When a juvenile described in subdivision (1) or (2) of section 43-247, except for a status offender, is taken into temporary custody outside of a metropolitan statistical area and where no juvenile detention facility is reasonably available, the juvenile may be delivered, for temporary custody not to exceed twenty-four hours excluding nonjudicial days and while awaiting an initial court appearance, to a secure area of a jail or other facility intended or used for the detention of adults solely for the purposes of identifying the juvenile and ascertaining his or her health and well-being and for safekeeping while awaiting transport to an appropriate juvenile placement or release to a responsible party; (iii) Whenever a juvenile is held in a secure area of any jail or other facility intended or used for the detention of adults, there shall be no verbal, visual, or physical contact between the juvenile and any incarcerated adult and there shall be adequate staff to supervise and monitor the juvenile's activities at all times. Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 42 - The Public Health and Welfare, U.S. Code > Title 42 > Chapter 50 > Subchapter II - Organization and Administration of Flood Insurance Program, California Codes > Health and Safety Code, Florida Regulations > Agency for Health Care Administration, Florida Regulations > Division 61N - Drugs, Devices and Cosmetics, Florida Regulations > Division 64C - Division of Children's Medical Services, Florida Regulations > Division 64E - Division of Environmental Health, Florida Statutes > Title XXIX - Public Health, Illinois Compiled Statutes > Chapter 20 > Dpt Of Healthcare And Family Services, Illinois Compiled Statutes > Chapter 20 > Dpt Of Public Health, Texas Vernon's Civil Statutes > Title 71 - Health--Public. If you believe you have grounds for an emergency order, take a look at the guide below before contacting a lawyer. (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. **. The Petition and Affidavit is the form that you will use to tell the court why you would like protection from the other person. The peace officer shall notify the juvenile's parents, guardian, custodian, or relative of the juvenile's placement. (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. (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. The applicant must provide address information for the defendant. (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. Friday, June 14, 1991. SUMMARY: Fourteen days between removal and the protective custody hearing is on the brink of unreasonableness but does not violate due process. Emergency custody; application; court order; evaluation by department. If the other party has a lawyer and you do not, you may be at a disadvantage. This court order form is used by the Court at the hearing where the Court determines the permanency goal of the children. Storz was armed with a rifle . If you are on the defending side of a protective order and you feel that your rights (or your childrens rights) have been violated, an appeal is possible. 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. Electronic notaries are available online and using these services is now approved in Nebraska. (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 . Thus, a parent can win or lose custody by whether the protection order includes the child. The information upon which the State seeks an ex parte temporary detention order under the provisions of this section shall be contained in the affidavit of one who has knowledge of the relevant facts; such affidavit shall be presented to the juvenile court and made a part of the record of the proceedings, and the affected juvenile's parent shall be given prompt notice of the order. You will be required to sign this document in front of the clerk of the district court, or a notary public. In 1979, the Nebraska Legislature passed legislation decriminalizing public intoxication in the State. (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: It is important for you to provide as much information as is possible on this form, specifically the date of birth for the respondent and the petitioner. 71-1204. NOTE: It is intended that each person requesting protection through a Sexual Assault Protection Order will file a separate Petition and Affidavit. Again, it is very important for the non-custodial parent to request a hearing within 10 days if they want to contest an ex parte protection order. Mentally ill and dangerous person; dangerous sex offender; emergency protective custody; evaluation by mental health professional. This form is used by the Court to gather information that will not be a part of the public court file. 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 . Nebraska Legislative Bill 257 - The Development of Emergency Facilities for the Temporary Detention of Non-criminal Mentally Ill Dangerous People . 457 LawServer is for purposes of information only and is no substitute for legal advice. The Motion to Vacate and Set Aside and to Dismiss is used when a petitioner is asking that the Protection Order be dismissed (cancelled). This includes monitoring. The Nebraska Supreme Court has approved court orders forms for abuse/neglect cases. On the first page of the form, please indicate if you are filing this petition on behalf of anyone else. The court may need to contact you if a hearing is scheduled, so if you indicate that you are residing at an undisclosed location, please make sure to provide the clerk, separately from the form, with information on how to get ahold of you. (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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