Nebraska Statutes 71-1123. Subject; response to petition
The subject may admit or deny the allegations of the petition or choose to not answer. If the subject denies the allegations of the petition, the court shall proceed to conduct a hearing on the petition. If the subject is unable to understand the nature and possible consequences of the proceedings or chooses to not answer, the court shall enter a denial of the allegations of the petition on the subject’s behalf and shall proceed to conduct a hearing on the petition. If the subject admits to the allegations of the petition, the court shall determine whether the admission is free and voluntary and, if the court finds a factual basis to support the admission, may find the subject to be a person in need of court-ordered custody and treatment.
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Terms Used In Nebraska Statutes 71-1123
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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
- Subject: means a person who is named in a petition filed under the Developmental Disabilities Court-Ordered Custody Act. See Nebraska Statutes 71-1114
- 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