Current through September 17, 2024
There are three levels of placement for juvenile offenders.
From least restrictive to most restrictive, the three levels of placement
are:
1. In the juvenile's
home;
2. Out of the home (but still
in the community); or
3. At a Youth
Rehabilitation and Treatment Center (YRTC), or a similar setting identified by
the Department, which may be a self-contained, staff secure, or secure
facility.
002.01
PLACEMENT CHANGE. A juvenile committed to the
Department of Health and Human Services - Office of Juvenile Services for
community supervision shall only have a change in placement under the
conditions outlined in this section.
002.01(A)
CHANGE TO MORE
RESTRICTIVE SETTING. A placement change that moves a juvenile
offender to a more restrictive setting must be approved by the juvenile court,
unless one of the exceptions outlined in 390 Nebraska Administrative Code (NAC)
1-002.02(A)(i) applies.
002.01(A)(i)
EXCEPTIONS. The Department of Health and Human
Services - Office of Juvenile Services may make an immediate temporary change
of placement without prior approval by the court if the juvenile is:
1. In a harmful or dangerous
situation;
2. Suffering a medical
emergency;
3. Exhibiting behaviors
which warrant temporary removal; or
4. Has been placed in a non-state-owned
facility and such facility has requested that the juvenile be removed.
If such placement change is made, court approval shall be
sought within 15 days of the placement change.
002.01(B)
CHANGE TO
EQUAL OR LESS RESTRICTIVE SETTING. The Nebraska Department of
Health and Human Services - Office of Juvenile Services may move a juvenile
offender to a new placement at the same level of treatment or at a less
restrictive level of treatment without court approval. Written notice must be
given to the court and the involved parties 15 days before the proposed change.
The juvenile offender may request an administrative hearing within 15 days of
the notice. The hearing will be held in accordance with the Administrative
Procedure Act, Neb. Rev. Stat. §
84-901 et seq. and 465 NAC
6.
