In re Interest of Nedhal A., a child under 18 years of age. State of Nebraska v. Nedhal A.

Summary

The Nebraska Supreme Court reviewed a juvenile court order placing Nedhal A. at a youth rehabilitation and treatment center as a condition of intensive supervised probation. The court held that Nebraska law requires a thorough review and consideration of all levels of probation supervision and community-based services before such placement, and that the record did not establish that those alternatives had been exhausted. The court reversed and remanded for further proceedings.

Holdings

1. Before committing a juvenile to YRTC, the Office of Probation Administration must thoroughly review the juvenile's file and record and report whether untried probationary conditions or community-based services have a reasonable possibility of success, or whether all such options have been thoroughly studied and none are feasible.
2. The YRTC placement was premature because the record did not establish that the Office of Probation Administration had thoroughly reviewed all levels of probation supervision and community-based options.

Questions Presented

1. What must be shown to establish that all levels of probation supervision and options for community-based services have been exhausted under Neb. Rev. Stat. § 43-286(1)(b)(ii) before a juvenile may be committed to YRTC?
2. Whether the juvenile court prematurely ordered YRTC placement without a thorough review and report concerning available probationary conditions and community-based services.

Disposition

reversed_and_remanded