Nebraska § 43-256 Continued placement, detention, or alternative to detention; probable cause hearing; release requirements; exceptions

Nebraska Statutes

§ 43-256 — Continued placement, detention, or alternative to detention; probable cause hearing; release requirements; exceptions

Nebraska § 43-256

Ch. 43Infants and Juveniles

This text of Nebraska § 43-256 (Continued placement, detention, or alternative to detention; probable cause hearing; release requirements; exceptions) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 43-256 (2026).

Text

(1)When the court enters an order continuing placement, detention, or an alternative to detention infringing upon the juvenile's liberty interest pursuant to section 43-253 , upon request of the juvenile, or his or her parent, guardian, or attorney, the court shall hold a hearing within forty-eight hours. At such hearing the state shall have the burden of proof to show probable cause that such juvenile is within the jurisdiction of the court. Strict rules of evidence shall not apply at the probable cause hearing. The juvenile shall be released if probable cause is not shown. At the option of the court, it may hold the adjudication hearing provided in section 43-279 as soon as possible instead of the probable cause hearing if held within a reasonable period of time.

(2)This section and

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(1) When the court enters an order continuing placement, detention, or an alternative to detention infringing upon the juvenile's liberty interest pursuant to section 43-253 , upon request of the juvenile, or his or her parent, guardian, or attorney, the court shall hold a hearing within forty-eight hours. At such hearing the state shall have the burden of proof to show probable cause that such juvenile is within the jurisdiction of the court. Strict rules of evidence shall not apply at the probable cause hearing. The juvenile shall be released if probable cause is not shown. At the option of the court, it may hold the adjudication hearing provided in section 43-279 as soon as possible instead of the probable cause hearing if held within a reasonable period of time.
(2) This section and section 43-255 shall not apply to a juvenile (a) who has escaped from a commitment or (b) who has been taken into custody for his or her own protection as provided in subdivision (6) of section 43-248 in which case the juvenile shall be held on order of the court with jurisdiction for a reasonable period of time.

Legislative History

Source: Laws 1981, LB 346, § 12; Laws 1982, LB 787, § 8; Laws 1998, LB 1073, § 17; Laws 2006, LB 1113, § 38; Laws 2010, LB800, § 19; Laws 2016, LB894, § 9; Laws 2024, LB1051, § 13.