The Legislature recognizes the right of all persons, including individuals with developmental disabilities, to enjoy personal liberty and freedom. It is the public policy of the State of Nebraska to encourage persons with developmental disabilities to voluntarily choose their own services. It is also the public policy of the State of Nebraska to use guardians, preferably family members, to make and support service and placement decisions when a person with developmental disabilities is determined by a court to be incompetent, but there are instances in which the threat of harm to other persons in society is sufficient that a court should balance the rights of such person with the interests of society and place care and custody of such person with the State of Nebraska for appropriate treatment and services.

Terms Used In Nebraska Statutes 71-1102

  • Court: means the district court in which a petition is filed pursuant to the Developmental Disabilities Court-Ordered Custody Act. See Nebraska Statutes 71-1105
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
  • Treatment: means the support and services which will assist a subject to acquire the skills and behaviors needed to function in society so that the subject does not pose a threat of harm to others and is able to cope with his or her personal needs and the demands of his or her environment. See Nebraska Statutes 71-1116