§ 71-1126 — Dispositional hearing; considerations; court order

Nebraska § 71-1126

• Jurisdiction: Nebraska
• Ch. 71: Public Health and Welfare

Text

At the dispositional hearing, the court shall consider the plan submitted pursuant to section 71-1125 , the arguments of the parties, and any other relevant evidence. The Nebraska Evidence Rules shall not apply at the dispositional hearing. The plan shall be approved by the court unless it is shown by a preponderance of the evidence that the plan is not the least restrictive alternative for the subject. After the hearing is completed, the court shall issue an order of disposition placing custody of the subject with the department and setting forth the treatment plan for the subject. The court shall establish the duration of the court-ordered custody and treatment of the subject, but such duration under the initial order shall not be longer than one year.

Legislative History

Source: Laws 2005, LB 206, § 26. Cross References: Nebraska Evidence Rules, see section 27-1103. Annotations: No error appeared on the record regarding the district court's imposition of additional conditions in its order of disposition; based on the evidence and inferences, the court could reasonably conclude that the greater weight of the evidence showed additional restrictions were necessary to achieve the least restrictive alternative. In re Interest of T.W., 314 Neb. 475, 991 N.W.2d 280 (2023). The district court was empowered to accept or reject competing expert testimony regarding which placement constituted the least restrictive alternative. In re Interest of T.W., 314 Neb. 475, 991 N.W.2d 280 (2023).