E. Legislation Providing for Emergency Protective Custody Units for the Evaluation and Treatment of the Non-criminal Mentally Ill 455 VI. You will be asked to provide information regarding any past, pending, or current court proceedings. On May 20, 2021 the Chief Justice of the Nebraska Supreme Court discontinued the temporary allowance of e-mail documents for court filings which had been permitted during the Pandemic. Emergency custody; application; court order; evaluation by department. If you do not speak English, ask for a court interpreter before any hearing. This means the judge grants the protection order based on the petition and affidavit alone and without a hearing. They are: Petition and Affidavit Praecipe Social Security Numbers, Gender, and Birth Date Form There are a number of other forms available at this link: Master list for protection order forms. 2022 (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. Subject; custody pending entry of treatment order. The Praecipe (DC 19:1) and step-by-step instruction forcompleting the Praecipe (DC 19:1(a)) are available at these links. These will be used to help law enforcement identify him/her. For a complete and searchable list of Nebraska court forms visit the Forms page of the Nebraska Supreme Court website. You can submit the forms in person, by mail or by fax. Any alternative to detention shall cause the least restriction of the juvenile's freedom of movement consistent with the best interest of the juvenile and the safety of the community. JC 14:11 (1): Protective Custody Findings and Order This court order form is used by the Court at the first hearing after the removal of the children from the parental home. (2) The certificate shall be in writing and shall include the following information: (a) The subject's name and address, if known; (b) The name and address of the subject's spouse, legal counsel, guardian or conservator, and next of kin, if known; (c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known; (d) The name and address of any other person who may have knowledge of the subject's mental illness or personality disorder who may be called as a witness at a mental health board hearing with respect to the subject, if known; (e) The name and address of the medical facility in which the subject is being held for emergency protective custody and evaluation; (f) The name and work address of the certifying mental health professional; (g) A statement by the certifying mental health professional that he or she has evaluated the subject since the subject was admitted for emergency protective custody and evaluation; and. Anyone can apply for a protection order and there are few costs involved. If you are looking for an attorney in a child support case in Omaha, Nebraska, or the surrounding areas (including Papillion, Bellevue, Gretna, Elkhorn, Lincoln, Nebraska City, Sarpy, Lancaster), contact our office to set up a consultation. This court order form is used by the Court after a hearing or trial on a petition for Termination of Parental Rights. If the emergency order is granted, the defendant has up to 10 days to dispute it by filing a request for a hearing. 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. JC 14:11(7)Permanency Hearing Findings and Order. There are three main types of protective orders in Nebraska: (1) A domestic abuse protection order In re Interest of S.S.L., 219 Neb. Sign up for our free summaries and get the latest delivered directly to you. Until January 1, 2013, a status offender accused of violating a valid court order may be securely detained in a juvenile detention facility longer than twenty-four hours if he or she is afforded a detention hearing before a court within twenty-four hours, excluding nonjudicial days, and if, prior to a dispositional commitment to secure placement, a public agency, other than a court or law enforcement agency, is afforded an opportunity to review the juvenile's behavior and possible alternatives to secure placement and has submitted a written report to the court; and. This is used when a petitioner is asking that the Petition be dismissed (cancelled). PROVINCETOWN Police officers took a barricaded man into custody near 7 p.m. Tuesday at his home after seven hours of attempts to resolve the incident peacefully, according to a town notice. 71-1204. A copy of such certificate shall be immediately forwarded to the county attorney. The Request for a Modification form. This hearing is also referred to as a detention hearing or emergency custody hearing. JC 14:11(9)Order Appointing Guardian Ad Litem. The Nebraska Supreme Court has approved court orders forms for abuse/neglect cases. 71-1204. While the person issuing the ex parte order is often a parent, you can still pursue ex parte orders even if you're not., First, you must complete forms to request ex parte orders. The protection order could expire before the appellate court hears the appeal. LB964, introduced by Omaha Sen. Mike McDonnell, a mental health professional could take a mentally ill and dangerous person or a dangerous sex offender into emergency . 71-1204. The Motion to Vacate and Set Aside and to Dismiss is used when a petitioner is asking that the Protection Order be dismissed (cancelled). These arrangements are referred to as "ex parte" orders, meaning one party gives their record of events without the opposing party being able to address the court. If you are wanting to request a Domestic Abuse Protection Order from the court, you will need to check the box that best represents the relationship between you and the respondent. A parent can ask for the Court to prohibit all contact by the other parent with not only the applying parent but also with any children included as a co-petitioner. When child custody is at issue, the Court can remove the child as a party to the protection order and grant an exception to no contact rule by allowing an exception for conversations between the parents regarding their child. At this hearing, the Court determines whether the children come within the meaning of abused or neglected children, defined in N.R.S. This court order form allows the Court to appoint a guardian ad litem (GAL) to represent the children and their best interests and grants authority to the GAL for access to information. If you want to fax more than 10 pages, you must get approval from the clerk of the court before you send it. Please check official sources. JC 14:11(5)Disposition Findings and Order. There are 3 forms needed to file for a protection order, no matter which type you are requesting. (2) The certificate shall be in writing and shall include the following information: (a) The subjects name and address, if known; (b) The name and address of the subjects spouse, legal counsel, guardian or conservator, and next of kin, if known; (c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known; (d) The name and address of any other person who may have knowledge of the subjects mental illness or personality disorder who may be called as a witness at a mental health board hearing with respect to the subject, if known; (e) The name and address of the medical facility in which the subject is being held for emergency protective custody and evaluation; (f) The name and work address of the certifying mental health professional; (g) A statement by the certifying mental health professional that he or she has evaluated the subject since the subject was admitted for emergency protective custody and evaluation; and. You're all set! The judge will not have any information other than what you write on this form to consider when deciding whether or not to approve your request for this protection order. This includes monitoring. The judge sets the protection order for hearing (called a show cause hearing) without granting an emergency order and without requiring the defendant to request the hearing. Public Health and Welfare / 71-1210; Nebraska Revised Statutes Chapter 71. A copy of the certificate shall be forwarded to the county attorney. Although the Court can grant a temporary custody order within the protection order, these are generally only granted for a short period of time, such as 60 or 90 days. Get free summaries of new opinions delivered to your inbox! (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. This information is used by the court to determine what other information, if any, should be considered in relation to this request. 2021 NE LB909 (Summary) Authorize mental health professionals and practitioners to take persons into emergency protective custody and provide for a training and certification process. In re Interest of R.G., 238 Neb. 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. 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