(1) Upon the filing of a periodic report under section 71-932, the subject, the subject’s counsel, or the subject’s legal guardian or conservator, if any, may request and shall be entitled to a review hearing by the mental health board and to seek from the board an order of discharge from commitment or a change in treatment ordered by the board. The mental health board shall schedule the review hearing no later than fourteen calendar days after receipt of such request. The mental health board may schedule a review hearing (a) at any time pursuant to section 71-937 or 71-938, (b) upon the request of the subject, the subject’s counsel, the subject’s legal guardian or conservator, if any, the county attorney, the official, agency, or other person or entity designated by the mental health board under section 71-931 to prepare and oversee the subject’s individualized treatment plan, or the mental health professional directly involved in implementing such plan, or (c) upon the board’s own motion.

Terms Used In Nebraska Statutes 71-935

  • Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Mental health board: means a board created under section 71-915. See Nebraska Statutes 71-905
  • Mental health professional: means a person licensed to practice medicine and surgery or psychology in this state under the Psychology Interjurisdictional Compact or the Uniform Credentialing Act or an advanced practice registered nurse licensed under the Advanced Practice Registered Nurse Practice Act who has proof of current certification in a psychiatric or mental health specialty. See Nebraska Statutes 71-906
  • 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
  • Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
  • Subject: means any person concerning whom a certificate or petition has been filed under the Nebraska Mental Health Commitment Act. See Nebraska Statutes 71-912

(2) The board shall immediately discharge the subject or enter a new treatment order with respect to the subject whenever it is shown by any person or it appears upon the record of the periodic reports filed under section 71-932 to the satisfaction of the board that (a) cause no longer exists for the care or treatment of the subject or (b) a less restrictive treatment alternative exists for the subject. When discharge or a change in disposition is in issue, due process protections afforded under the Nebraska Mental Health Commitment Act shall attach to the subject.

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