Nebraska Revised Statute 71-1117

Chapter 71 Section 1117

71-1117.

Petition; where filed; contents; evidentiary rules; applicability.

The Attorney General or county attorney may file a petition in the district court of the county in which a subject resides or the county in which an alleged act constituting a threat of harm to others occurs. The petition shall allege that the subject is a person in need of court-ordered custody and treatment and shall contain the following:

(1) The name and address of the subject, if known;

(2) A statement that the subject is believed to be eighteen years of age or older or that the subject is a juvenile who will become eighteen years of age within ninety days after the date of filing the petition;

(3) The name and address of the subject's guardian or closest relative, if known;

(4) The name and address of any other person having custody and control of the subject, if known;

(5) A statement that the subject has a developmental disability and poses a threat of harm to others;

(6) The factual basis to support the allegation that the subject has a developmental disability; and

(7) The factual basis to support the allegation that the subject poses a threat of harm to others.

The Nebraska Evidence Rules shall apply to proceedings under the Developmental Disabilities Court-Ordered Custody Act unless otherwise specified.

Cross References

  • Nebraska Evidence Rules, see section 27-1103.

Annotations

  • The Developmental Disabilities Court-Ordered Custody Act provides procedures and evidentiary standards which protect an individual's constitutionally protected liberty interest and, therefore, does not violate the subject's due process rights. In re Interest of C.R., 281 Neb. 75, 793 N.W.2d 330 (2011).