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NE ST § 43-246
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Neb.Rev.St. § 43-246
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West's Revised Statutes of Nebraska Annotated Currentness
Chapter 43. Infants and Juveniles
Article 2. Juvenile Code
(b) General Provisions
43-246.
Code, how construed
Acknowledging
the responsibility of the juvenile
court to act to preserve the public peace and security, the Nebraska
Juvenile Code shall be construed to effectuate the following:
(1)
To assure the rights of all juveniles to care and protection and a safe
and stable living environment and to development of their capacities
for a healthy personality, physical well-being, and useful citizenship
and to protect the public interest;
(2)
To provide for the intervention of the juvenile court in the interest
of any juvenile who is within the provisions of the Nebraska Juvenile
Code, with
due regard to parental rights and
capacities and the availability of nonjudicial resources;
(3)
To remove juveniles who are within the Nebraska Juvenile Code from the
criminal justice system whenever possible and to reduce the possibility
of their committing future law violations through the provision of
social and rehabilitative services to such juveniles
and their families;
(4)
To offer selected juveniles the opportunity to take direct personal
responsibility for their individual actions by reconciling with the
victims through juvenile offender and victim mediation and fulfilling
the terms of the resulting agreement which may require
restitution and community service;
(5)
To achieve the purposes of subdivisions (1) through (3) of this section
in the juvenile's own home whenever possible, separating the juvenile
from his or her parent when necessary for his or her welfare, the
juvenile's health and safety being of paramount
concern, or in the interest of public safety and, when temporary
separation is necessary, to consider the developmental needs of the
individual juvenile in all placements, to consider relatives as a
preferred potential placement resource, and to make reasonable
efforts to preserve and reunify the family if required under section
43-283.01;
(6)
To promote adoption, guardianship, or other permanent arrangements for
children in the custody of the Department of Health and Human Services
who are
unable to return home;
(7)
To provide a judicial procedure through which these purposes and goals
are accomplished and enforced in which the parties are assured a fair
hearing and their constitutional and other legal rights are recognized
and enforced;
(8)
To assure compliance, in cases involving Indian children, with the Nebraska
Indian Child Welfare Act; and
(9)
To make any temporary placement of a juvenile in the least restrictive
environment consistent with the best interests of the juvenile and the
safety of the community.
CREDIT(S)
Laws
1981, LB 346, § 2; Laws 1982, LB 787, §
1; Laws 1985, LB 255, § 31; Laws 1985, LB 447, § 12; Laws 1996, LB
1001, § 2; Laws 1998, LB 1041, § 21; Laws 1998, LB 1073, § 12; Laws
2010, LB 800, § 13, eff. July 15,
2010.
HISTORICAL AND STATUTORY NOTES
Laws 2010, LB 800, § 13, added subd. (9).
Neb. Rev. St. § 43-246, NE ST § 43-246
Current through the 101st Legislature Second Regular Session 2010