|
NE ST § 43-245
|
|
|
Neb.Rev.St. § 43-245
|
Chapter 43. Infants and Juveniles
Article 2. Juvenile Code
(b) General Provisions
43-245.
Terms, defined
For purposes of the Nebraska Juvenile Code, unless
the context otherwise requires:
(1)
Age of majority means nineteen years of age;
(2)
Approved center means a center that has applied for and received
approval from the Director of the Office of Dispute Resolution under
section 25-2909;
(3)
Civil citation means a noncriminal notice which cannot result in a criminal record and is described in section 43-248.02;
(4)
Cost or costs means (a) the sum or equivalent expended, paid, or
charged for goods or services, or expenses incurred, or (b) the
contracted or
negotiated price;
(5)
Criminal street gang means a group of three or more people with a
common identifying name, sign, or symbol whose group identity or
purposes include engaging in illegal activities;
(6)
Criminal street gang member means a person who willingly or voluntarily becomes and remains a member of a criminal street gang;
(7)
Juvenile means any person under the age of eighteen;
(8)
Juvenile court means the separate juvenile court where it has been
established pursuant to sections 43-2,111 to 43-2,127 and the county
court sitting as a juvenile court in all other counties. Nothing in the
Nebraska Juvenile Code shall be construed to deprive
the district courts of their habeas corpus, common-law, or chancery
jurisdiction or the county courts and district courts of jurisdiction of
domestic relations matters as defined in section 25-2740;
(9)
Juvenile detention facility has the same meaning as in section 83-4,125;
(10)
Mediator for juvenile offender and victim mediation means a person who
(a) has completed at least thirty hours of training in conflict
resolution techniques, neutrality, agreement writing, and ethics set
forth in section 25-2913, (b) has an additional eight
hours of juvenile offender and victim mediation training, and (c) meets
the apprenticeship requirements set forth in
section 25-2913;
(11)
Mental health facility means a treatment facility as defined in section
71-914 or a government, private, or state hospital which treats mental
illness;
(12)
Nonoffender means a juvenile who is subject to the jurisdiction of the
juvenile court for reasons other than legally prohibited conduct,
including, but not limited to, juveniles described in subdivision (3)(a)
of section 43- 247;
(13)
Nonsecure detention means detention characterized by the absence of
restrictive hardware, construction, and procedure. Nonsecure detention
services may include a range of placement and supervision options, such
as home detention, electronic monitoring, day
reporting, drug court, tracking and monitoring supervision, staff
secure and temporary holdover facilities, and group homes;
(14)
Parent means one or both parents or a stepparent when such stepparent
is married to the custodial parent as of the filing of the petition;
(15)
Parties means the juvenile as described in section 43-247 and his or her parent, guardian, or custodian;
(16)
Except in proceedings under the Nebraska Indian Child Welfare
Act, relative
means father, mother, grandfather, grandmother, brother, sister,
stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first
cousin,
nephew, or niece;
(17)
Seal a record means that a record shall not be available to the public except upon the order of a court upon good cause shown;
(18)
Secure detention means detention in a highly structured, residential,
hardware-secured facility designed to restrict a juvenile's movement;
(19)
Status offender means a juvenile who has been charged with or
adjudicated for conduct which would not be a crime if committed by an
adult, including, but not limited to, juveniles charged under
subdivision (3)(b) of section 43-247 and sections 53-180.01 and
53-180. 02; and
(20)
Traffic offense means any nonfelonious act in violation of a law or
ordinance regulating vehicular or pedestrian travel, whether designated a
misdemeanor or a traffic infraction.
CREDIT(S)
Laws
1981, LB 346, § 1; Laws 1985, LB 447, §
11; Laws 1987, LB 638, § 1; Laws 1989, LB 182, § 9; Laws 1996, LB 1296,
§ 20; Laws 1997, LB 622, § 62; Laws 1998, LB 1041, § 20; Laws 1998, LB
1073, § 11; Laws 2000, LB 1167, § 11; Laws 2004, LB 1083, § 91; Laws
2009, LB 63, § 28, eff. May 28,
2009; Laws
2010, LB 800, § 12, eff. July 15,
2010.
HISTORICAL
AND STATUTORY NOTES
Laws
2009, LB 63, § 28, inserted new subsecs. (4) and (5) defining criminal
street gang and criminal street gang member, respectively and
redesignated existing subsecs. (4)
to (16) as (6) to (18).
Laws 2009, LB 63, § 48, provided:
"Sec.
48. If any section in this act or any part of any section is declared
invalid or unconstitutional, the declaration shall not affect the
validity or constitutionality
of the remaining portions."
Laws
2010, LB 800, § 12, inserted a new subsec. (3), redesignated previously
designated subsecs. (3) to (15) as subsecs. (4) to (16); and inserted a
new subsec. (17) and
redesignated previously designated subsecs. (16) to (18) as subsecs.
(18) to (20).
Neb. Rev. St. § 43-245, NE ST § 43-245