§ 43-278 — Adjudication hearing; held within ninety days after petition is filed; additional reviews; telephonic or videoconference hearing; authorized

Nebraska § 43-278

• Jurisdiction: Nebraska
• Ch. 43: Infants and Juveniles

Text

Except
as provided in sections 43-254.01 and 43-277.01 , all cases filed under subdivision
(3) of section 43-247 shall have an adjudication hearing not more than ninety
days after a petition is filed. Upon a showing of good cause, the court may
continue the case beyond the ninety-day period. The court shall also review
every case filed under such subdivision which has been adjudicated or transferred
to it for disposition not less than once every six months. All communications,
notices, orders, authorizations, and requests authorized or required in the
Nebraska Juvenile Code; all nonevidentiary hearings; and any evidentiary hearings
approved by the court and by stipulation of all parties may be heard by the
court telephonically or by videoconferencing in a manner that ensures the
preservation of an accurate record. All of the orders generated by way of
a telephonic or videoconference hearing shall be recorded as if the judge
were conducting a hearing on the record.

Legislative History

Source: Laws 1981, LB 346, § 34; Laws 1992, LB 1184, § 13; Laws 1997, LB 622, § 71; Laws 2010, LB800, § 22; Laws 2013, LB103, § 2. Annotations: Neither this section nor section 43-251.01(2) prohibits a juvenile court from placing a juvenile at a youth rehabilitation and treatment center when the court has adjudicated a juvenile under section 43-247(2) and (3). In re Interest of Trey H., 281 Neb. 760, 798 N.W.2d 607 (2011). When a court adjudicates a juvenile under section 43-247(2) and (3) and commits the juvenile to the Office of Juvenile Services with a placement at a youth rehabilitation and treatment center, it has determined that the subsection (2) adjudication will control the juvenile's disposition. The disposition determination controls which review hearing statute applies, and this section's requirement for 6-month review hearings does not authorize the court to conduct review hearings. Instead, the prohibition in section 43-408(2) of review hearings for juveniles placed at a youth rehabilitation and treatment center controls. In re Interest of Trey H., 281 Neb. 760, 798 N.W.2d 607 (2011). This section and section 43-271 confer a statutory right to a prompt adjudication hearing to all juveniles within section 43-247(1), (2), (3)(b), and (4). This section and section 43-271 are directory and do not require absolute discharge of a juvenile not adjudicated within the prescribed time period. In re Interest of Brandy M. et al., 250 Neb. 510, 550 N.W.2d 17 (1996). The statutory provision requiring that an adjudication hearing be held within six months after a juvenile petition is filed is directory, not mandatory. In re Interest of C.P., 235 Neb. 276, 455 N.W.2d 138 (1990). This section is directory, not mandatory. As such, this section does not mandate that a case be dismissed if the adjudication is not completed within ninety days. In re Interest of Draygon W. et al., 31 Neb. App. 400, 980 N.W.2d 648 (2022). The statutory provision requiring that an adjudication hearing be held within 90 days after a juvenile petition is filed is directory, not mandatory. In re Interest of Maxwell T., 15 Neb. App. 47, 721 N.W.2d 676 (2006). Section 43-271 provides a statutory right to a prompt adjudication hearing for all juveniles, but absolute discharge for the State's failure to comply with the 6-month period is not mandated and is within the discretion of the juvenile court, taking into consideration the best interests of the juvenile, the factors set forth in section 43-271 and this section, the right of the juvenile to a prompt and fair adjudication, and the future treatment and rehabilitation of the juvenile in the event of an adjudication. In re Interest of Britny S., 11 Neb. App. 704, 659 N.W.2d 831 (2003).