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AGO Opinion 97006
Juvenile Evaluations/Placements
Opinion 97006
DATE: January 10, 1997
SUBJECT: Juvenile Evaluations/Placements
REQUESTED BY: Jon R. Hill, Director, Office of Juvenile Services
WRITTEN 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 pertinent part:
Prior to a commitment to the youth development center,
the court shall require an evaluation pursuant to section
43-258 or 43-281. If the judge finds that the juvenile
should be committed to the Youth Rehabilitation and
Treatment Center-Kearney or the Youth Rehabilitation and
Treatment Center-Geneva, then the judge shall issue a
warrant of commitment.
Neb. Rev. Stat. § 83-4,101(2) (1994) states that:
(2) The juvenile court may, without formal commitment,
refer any juvenile found in need thereof to the Youth
Diagnostic and Rehabilitation Center for detention for
purposes of observation, testing, and examination, both
mental and physical.
Neb. Rev. Stat. 83-4,102 (1994) also indicates that:
Each boy or girl at the Youth Diagnostic and
Rehabilitation Center, whether committed or referred,
shall be subjected to such observation, testing, and
examination as shall be necessary to ascertain the
reasons for his antisocial attitudes and conduct and to
indicate a program designed to be followed in order to
accomplish his rehabilitation and permit his return to
society free of his anti-social attitudes and conduct
. . .
The foregoing statutes clearly indicate that a court may
commit a juvenile to a particular state facility for purposes of an
evaluation. Although a court may not have authority to designate
a specific individual to conduct an evaluation, the statutes do
provide that the court may order that an evaluation be conducted by
persons with specific professional qualifications.
B. Commitments.
Neb. Rev. Stat. § 83-465 (1994) provides that when a juvenile
has been found guilty of any crime, except murder or manslaughter,
[T]he court may order that the juvenile be committed to
the Youth Rehabilitation and Treatment Center-Kearney or
the Youth Rehabilitation and Treatment Center-Geneva.
Prior to such commitment, the court shall require an
evaluation pursuant to section 43-258 or 43-281. A copy
of the order under the seal of the court shall be
sufficient warrant for delivering the juvenile to the
center and committing him or her to the custody of the
superintendent.
Neb. Rev. Stat. § 83-470 (1994), in relevant part, states:
The judge shall . . . command the officer to take and
deliver the juvenile without delay to the superintendent
of the Youth Rehabilitation and Treatment Center-Kearney
or the Youth Rehabilitation and Treatment Center-Geneva.
Neb. Rev. Stat. § 83-472 (Cum Supp. 1996) further provides:
Every juvenile committed to the Youth Rehabilitation and
Treatment Center-Kearney or Youth Rehabilitation and
Treatment Center-Geneva or other placement of the Office
of Juvenile Services under sections 83-465 to 83-470
pursuant to the Nebraska Juvenile Code or subsection (3)
of section 29-2204 shall remain there until he or she
attains the age of nineteen unless sooner paroled or
legally discharged.
(2) The Office of Juvenile Services shall adopt and
promulgate regulations for the promotion, parole, and
final discharge of juveniles such as shall be considered
mutually beneficial for the Office of Juvenile Services
and facilities under its direction and the juveniles.
Neb. Rev. Stat. § 83-4,101 (1994) states that:
(1) The juvenile court may commit any juvenile to the
Youth Diagnostic and Rehabilitation Center upon the same
terms and conditions and subject to all provisions of law
as govern commitments to the Youth Rehabilitation and
Treatment Center-Kearney or the Youth Rehabilitation and
Treatment Center-Geneva.
Neb. Rev. Stat. 83-4,104 (1994) additionally provides:
(1) Any juvenile committed to the Youth Diagnostic and
Rehabilitation Center may be released therefrom upon the
same terms and conditions and subject to all provisions
of law as govern the release of juveniles committed to
the Youth Rehabilitation and Treatment Center-Kearney to
the Youth Rehabilitation and Treatment Center-Geneva.
(2) Any juvenile referred to the Youth Diagnostic and
rehabilitation Center may be released therefrom upon
order of the court by which he or she was referred when
the purposes of the referral have been accomplished.
Based upon the foregoing statutes, we are of the opinion that
a court may in its commitment order designate the initial placement
of a juvenile. However, Neb. Rev. Stat. § 83-142 (Cum. Supp. 1996)
contemplates that the juvenile's initial placement may be changed
by OJS, "as shall be considered mutually beneficial for the Office
of Juvenile Services and facilities under its direction and the
juveniles."
As is clearly evident from the foregoing statutory scheme,
courts have been given broad latitude in determining the scope of
juvenile evaluations and placements. See also, In re Interest of
Aufenkamp, 214 Neb. 297, 333 N.W.2d 681 (1983)(the juvenile court
has broad discretion as to the disposition of a child found to be
delinquent); In re Interest of J.N.S., 218 Neb. 72, 352 N.W.2d 186
(1984); In re Interest of A.M.H., 233 Neb. 610, 447 N.W.2d 40
!989).
The meaning of a statute is to be ascertained from the entire
language of a statute considered in its plain, ordinary, and
popular sense. In re Application of Jantzen, 245 Neb. 81, 511
N.W.2d 504 (1994). When the words used in a statute are plain,
direct, and unambiguous, no interpretation is necessary or will be
indulged in to ascertain their meaning. Rosse v. Rosse, 244 Neb.
967, 510 N.W.2d 73 (1994). In considering and applying a statute,
it is not within the province of a court or others to read a
meaning into a statute that is not warranted by the legislative
language or to read anything plain, direct, and unambiguous out of
the statute. Gillam v. Firestone Tire & Rubber Co., 241 Neb. 414,
489 N.W. 2d 289 (1992).
Although the current statutory scheme may not have kept pace
with the additional community-based and other resources developed
by the Office of Juvenile Services, the plain language of the
statutes controls. The statutes do not grant OJS the same degree
of discretion in classification and placement of persons committed
to its custody, for example, as that granted to the Department of
Correctional Services. See, e.g. Neb. Rev. Stat. § 83-176(2) and
§ 83-178 (3)(1994).
The foregoing statutes are also consistent with other
provisions of the Nebraska Juvenile Code. Neb. Rev. Stat. § 43-247
(1993), for example, holds that a juvenile court's jurisdiction
over any individual adjudged to be within the statute "shall
continue until the individual reaches the age of majority or the
court otherwise discharges the individual from its jurisdiction."
The juvenile courts are required "to consider the developmental
needs of the juvenile in all placements . . ." Neb. Rev. Stat. §
43-246(4) (1993). Such courts also have the "power to order a
change in the custody or care of such juvenile if at any time it is
made to appear to the court that it would be for the best interests
of the juvenile to make such a change." Neb. Rev. Stat. § 43-295
(1993).
Sincerely,
DON STENBERG
Attorney General
Marie C. Pawol
Assistant Attorney General
Approved By:
__________________________
Attorney General
23-3418-8.32
DATE: January 10, 1997
SUBJECT: Juvenile Evaluations/Placements
REQUESTED BY: Jon R. Hill, Director, Office of Juvenile Services
WRITTEN 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 pertinent part:
Prior to a commitment to the youth development center,
the court shall require an evaluation pursuant to section
43-258 or 43-281. If the judge finds that the juvenile
should be committed to the Youth Rehabilitation and
Treatment Center-Kearney or the Youth Rehabilitation and
Treatment Center-Geneva, then the judge shall issue a
warrant of commitment.
Neb. Rev. Stat. § 83-4,101(2) (1994) states that:
(2) The juvenile court may, without formal commitment,
refer any juvenile found in need thereof to the Youth
Diagnostic and Rehabilitation Center for detention for
purposes of observation, testing, and examination, both
mental and physical.
Neb. Rev. Stat. 83-4,102 (1994) also indicates that:
Each boy or girl at the Youth Diagnostic and
Rehabilitation Center, whether committed or referred,
shall be subjected to such observation, testing, and
examination as shall be necessary to ascertain the
reasons for his antisocial attitudes and conduct and to
indicate a program designed to be followed in order to
accomplish his rehabilitation and permit his return to
society free of his anti-social attitudes and conduct
. . .
The foregoing statutes clearly indicate that a court may
commit a juvenile to a particular state facility for purposes of an
evaluation. Although a court may not have authority to designate
a specific individual to conduct an evaluation, the statutes do
provide that the court may order that an evaluation be conducted by
persons with specific professional qualifications.
B. Commitments.
Neb. Rev. Stat. § 83-465 (1994) provides that when a juvenile
has been found guilty of any crime, except murder or manslaughter,
[T]he court may order that the juvenile be committed to
the Youth Rehabilitation and Treatment Center-Kearney or
the Youth Rehabilitation and Treatment Center-Geneva.
Prior to such commitment, the court shall require an
evaluation pursuant to section 43-258 or 43-281. A copy
of the order under the seal of the court shall be
sufficient warrant for delivering the juvenile to the
center and committing him or her to the custody of the
superintendent.
Neb. Rev. Stat. § 83-470 (1994), in relevant part, states:
The judge shall . . . command the officer to take and
deliver the juvenile without delay to the superintendent
of the Youth Rehabilitation and Treatment Center-Kearney
or the Youth Rehabilitation and Treatment Center-Geneva.
Neb. Rev. Stat. § 83-472 (Cum Supp. 1996) further provides:
Every juvenile committed to the Youth Rehabilitation and
Treatment Center-Kearney or Youth Rehabilitation and
Treatment Center-Geneva or other placement of the Office
of Juvenile Services under sections 83-465 to 83-470
pursuant to the Nebraska Juvenile Code or subsection (3)
of section 29-2204 shall remain there until he or she
attains the age of nineteen unless sooner paroled or
legally discharged.
(2) The Office of Juvenile Services shall adopt and
promulgate regulations for the promotion, parole, and
final discharge of juveniles such as shall be considered
mutually beneficial for the Office of Juvenile Services
and facilities under its direction and the juveniles.
Neb. Rev. Stat. § 83-4,101 (1994) states that:
(1) The juvenile court may commit any juvenile to the
Youth Diagnostic and Rehabilitation Center upon the same
terms and conditions and subject to all provisions of law
as govern commitments to the Youth Rehabilitation and
Treatment Center-Kearney or the Youth Rehabilitation and
Treatment Center-Geneva.
Neb. Rev. Stat. 83-4,104 (1994) additionally provides:
(1) Any juvenile committed to the Youth Diagnostic and
Rehabilitation Center may be released therefrom upon the
same terms and conditions and subject to all provisions
of law as govern the release of juveniles committed to
the Youth Rehabilitation and Treatment Center-Kearney to
the Youth Rehabilitation and Treatment Center-Geneva.
(2) Any juvenile referred to the Youth Diagnostic and
rehabilitation Center may be released therefrom upon
order of the court by which he or she was referred when
the purposes of the referral have been accomplished.
Based upon the foregoing statutes, we are of the opinion that
a court may in its commitment order designate the initial placement
of a juvenile. However, Neb. Rev. Stat. § 83-142 (Cum. Supp. 1996)
contemplates that the juvenile's initial placement may be changed
by OJS, "as shall be considered mutually beneficial for the Office
of Juvenile Services and facilities under its direction and the
juveniles."
As is clearly evident from the foregoing statutory scheme,
courts have been given broad latitude in determining the scope of
juvenile evaluations and placements. See also, In re Interest of
Aufenkamp, 214 Neb. 297, 333 N.W.2d 681 (1983)(the juvenile court
has broad discretion as to the disposition of a child found to be
delinquent); In re Interest of J.N.S., 218 Neb. 72, 352 N.W.2d 186
(1984); In re Interest of A.M.H., 233 Neb. 610, 447 N.W.2d 40
!989).
The meaning of a statute is to be ascertained from the entire
language of a statute considered in its plain, ordinary, and
popular sense. In re Application of Jantzen, 245 Neb. 81, 511
N.W.2d 504 (1994). When the words used in a statute are plain,
direct, and unambiguous, no interpretation is necessary or will be
indulged in to ascertain their meaning. Rosse v. Rosse, 244 Neb.
967, 510 N.W.2d 73 (1994). In considering and applying a statute,
it is not within the province of a court or others to read a
meaning into a statute that is not warranted by the legislative
language or to read anything plain, direct, and unambiguous out of
the statute. Gillam v. Firestone Tire & Rubber Co., 241 Neb. 414,
489 N.W. 2d 289 (1992).
Although the current statutory scheme may not have kept pace
with the additional community-based and other resources developed
by the Office of Juvenile Services, the plain language of the
statutes controls. The statutes do not grant OJS the same degree
of discretion in classification and placement of persons committed
to its custody, for example, as that granted to the Department of
Correctional Services. See, e.g. Neb. Rev. Stat. § 83-176(2) and
§ 83-178 (3)(1994).
The foregoing statutes are also consistent with other
provisions of the Nebraska Juvenile Code. Neb. Rev. Stat. § 43-247
(1993), for example, holds that a juvenile court's jurisdiction
over any individual adjudged to be within the statute "shall
continue until the individual reaches the age of majority or the
court otherwise discharges the individual from its jurisdiction."
The juvenile courts are required "to consider the developmental
needs of the juvenile in all placements . . ." Neb. Rev. Stat. §
43-246(4) (1993). Such courts also have the "power to order a
change in the custody or care of such juvenile if at any time it is
made to appear to the court that it would be for the best interests
of the juvenile to make such a change." Neb. Rev. Stat. § 43-295
(1993).
Sincerely,
DON STENBERG
Attorney General
Marie C. Pawol
Assistant Attorney General
Approved By:
__________________________
Attorney General
23-3418-8.32