This subdivision shall not apply to a juvenile charged with a felony as an adult in county or district court if he or she is sixteen years of age or older; (iv) If a juvenile is under sixteen years of age or is a juvenile as described in subdivision (3) of section 43-247, he or she shall not be placed within a secure area of a jail or other facility intended or used for the detention of adults; (v) If, within the time limits specified in subdivision (1)(c)(i) or (1)(c)(ii) of this section, a felony charge is filed against the juvenile as an adult in county or district court, he or she may be securely held in a jail or other facility intended or used for the detention of adults beyond the specified time limits; (vi) A status offender or nonoffender taken into temporary custody shall not be held in a secure area of a jail or other facility intended or used for the detention of adults. If you have questions, contact the clerk of the court in which your case is filed. SUMMARY: Fourteen days between removal and the protective custody hearing is on the brink of unreasonableness but does not violate due process. JC 14:11(7)Permanency Hearing Findings and Order. If the subject is already in emergency protective custody under a certificate filed under section 71-919, a copy of such certificate shall be filed with the petition. 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. Man put into protective custody after 2 . An emergency protective order is a different type of protective order that is issued by a criminal court after an alleged abuser is . 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). This court order form is used by the Court at the hearing prior to the adjudication hearing. this Statute. The peace officer shall notify the juvenile's parents, guardian, custodian, or relative of the juvenile's placement. You're all set! 71-1204. It is granted because someone attempted, threatened, caused bodily injury, or intimidated the other person by credible threat, or engaged in sexual contact or sexual penetration without consent. (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. (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. These Adobe forms can be filled-in and saved. This information is used by the court to determine what other information, if any, should be considered in relation to this request. The petition and affidavit for a Domestic Abuse Protection Order looks a little different than a Harassment Protection Order petition and affidavit. Public Health and Welfare 71-1210. If you are not able to answer all of these, just leave the space blank. Further, sometimes an applicant claims they fear for the childs safety with the other parent when they really fear that the other parent will have more parenting time than what they think is best for the child. 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. The evidence also established that reasonable efforts, including SUMMARY: A juvenile court does not have jurisdiction to terminate parental rights during an appeal. A copy of such certificate shall be immediately forwarded to the county attorney. JC 14:11(1): Protective Custody Findings and Order, JC 14:11(3): Pre-Trial Findings and Order, JC 14:11(4): Adjudication Findings and Order, JC 14:11(5): Disposition Findings and Order, JC 14:11(6): Review Hearing Findings and Order, JC 14:11(7): Permanency Hearing Findings and Order, JC 14:11(8): Termination of Parental Rights Finding and Order, JC 14:11(9): Order appointing guardian ad litem, JC14:11(10) Order for Pre-Hearing Conference, 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. 911, 367 N.W.2d 710 (1985). There are three types of protection orders. Fax: 402-331-6816 (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. They have experience with the best methods of present the application and the best methods to prepare evidence and subpoena witnesses to defend against one. Below you will find a list of APS Policy and Procedures. (c) The peace officer may retain temporary custody of a juvenile taken into temporary custody under section 29-401 or subdivision (1), (4), or (5) of section 43-248 and deliver the juvenile, if necessary, to the probation officer and communicate all relevant available information regarding such juvenile to the probation officer. If a protective order is granted, the defendant (called the respondent) is prohibited from certain actions towards the applicant (called the petitioner). If the protection order request is denied, the Court may find the request for a protection order as an example of parental alienation. You must file another court order to determine how full or joint custody will be managed.. All state courts operate under the administrative direction of the Supreme Court. The Praecipe (DC 19:1) and step-by-step instruction forcompleting the Praecipe (DC 19:1(a)) are available at these links. On the first page of the form, please indicate if you are filing this petition on behalf of anyone else. The department shall supervise such placement and, if necessary, consent to any necessary emergency medical, psychological, or psychiatric treatment for such juvenile. 71-1204. which are only issued during divorce or custody cases. 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. 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. Current as of January 01, 2019 | Updated by . Content, including images, displayed on this website is protected by copyright laws. 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. 818, 626 N.W.2d 539 (2001). 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. You already receive all suggested Justia Opinion Summary Newsletters. Requesting a protection order when the real dispute is custody can backfire on the applicant parent. 1) Protective Custody Hearing is held - At this hearing, the legal rights are explained to the parents, a Guardian ad litem (special attorney) is appointed to represent the child's best interests, and counsel may be appointed for the parents. These forms are meant to help people with a "simple" modification. this Statute. This is used when a petitioner is asking that the Petition be dismissed (cancelled). We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. This arrangement can only take place under a few unique circumstances. You can explore additional available newsletters here. This includes monitoring utilization of emergency protective custody and the mental health board system. Created according to type of hearing, the court order forms contain both the federally required IV-E language and best practice findings that courts should be making at the specific stage in the proceedings. The applicant will be asked to fill in the relevant forms with their statistical information (birth dates, addresses, etc) and information pertaining to why they are requesting the specific protective order. This court order form is used by the Court at the first hearing after the removal of the children from the parental home. Nebraska may have more current or accurate information. Anyone can apply for a protection order and there are few costs involved. You already receive all suggested Justia Opinion Summary Newsletters. The third type of protection order is a Sexual Assault Protection Order. Further, if a protection order is granted that prevents the non-custodial parent from having any contact with the child, this can tie the hands of the custody case judge for the full year from the time the protection order is granted. Claypool v. Hibberd, 261 Neb. The Crisis Center provides custody, screening, emergency evaluation, and crisis intervention to acutely mentally ill individuals, age 18 and older, who are detained under Nebraska Civil Commitment Statutes within Region V. Link to page Strategic Plan (PDF) Note: None of these types of protection orders are for the purpose of protecting property. 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. If you believe you have grounds for an emergency order, take a look at the guide below before contacting a lawyer. NEBRASKA SUPREME COURT RULES DO NOT ALLOW E-MAIL FILINGS FOR COURT CASES. . The peace officer shall, as soon as practicable, file one copy of the notice with the county attorney or city attorney and, when required by the court, also file a copy of the notice with the court or the officer appointed by the court for such purpose; or. The pieces of these forms that are the same are discussed below. (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. A parent can include their children as co-petitioners on the protection order. Your signature on the form must be witnessed by a notary or by court staff. In re Interest of R.G., 238 Neb. You will be asked to provide information regarding any past, pending, or current court proceedings. (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. 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