AGO 97006.

• Court: Nebraska

Nebraska Attorney General Opinions 1997. AGO 97006. DATE: January 10, 1997SUBJECT: Juvenile Evaluations/PlacementsREQUESTED BY: Jon R. Hill, Director, Office of Juvenile ServicesWRITTEN BY: Don Stenberg, Attorney General Marie C. Pawol, Assistant Attorney General You have inquired about the authority of state juvenile courts to issue specific orders that affect the Office of Juvenile Services (OJS). First, you ask whether a court, in ordering an evaluation of a juvenile under its jurisdiction, has the authority to determine where, and by whom, the evaluation will be conducted. Second, you have inquired whether a court has the authority to place a juvenile in a designated OJS facility. We are of the opinion that the statutory scheme, as it currently exists, does permit a court to issue specific orders pertaining to evaluations and placements of juveniles. With respect to evaluations, a court may designate the facility where such an evaluation may occur, as well as the scope of any evaluation. We are also of the opinion that a court is authorized to commit juveniles to a designated facility operated by OJS. A. Evaluations. Neb. Rev. Stat. § 43-258 (1993) authorizes a court, pending adjudication of a case, to (1) . . . order the juvenile examined by a physician, surgeon, psychiatrist, duly authorized community mental health service program, or psychologist to aid the court . . . (2) . . . the court may order such juvenile to be placed in one of the facilities or institutions of the State of Nebraska. Such juvenile shall not be placed in an adult penal institution, either of the youth development centers, or the Nebraska Center for Children and Youth, except as provided in section 43-913. Any placement for evaluation may be made on an inpatient or outpatient basis for a period not to exceed thirty days. The head of any facility or institution shall make a complete evaluation of the juvenile, including any authorized area of inquiry requested by the court. See also, Neb. Rev. Stat. 43-254 (4) (1994). Neb. Rev. Stat.§ 43-281 (1993) further provides: Following an adjudication of jurisdiction and prior to final disposition, the court may place the juvenile in any facility or institution for evaluation under the control of the State of Nebraska, except an adult penal institution as provided in section 43-258. Neb. Rev. Stat. § 83-469 (1994) states in...