Juvenile Justice System Guide
“The only real mistake is the one from which we learn nothing.”
--John Powell
REASONS FOR BEING IN COURT
Delinquent: charged with breaking a law of a State or City Ordinance.
Status Offender: Charged with being beyond control of his/her parent(s) or habitually truant. Examples include not going to school, not keeping a curfew, running away from home, not obeying parent rules, and using drugs, alcohol or tobacco under age.
WHAT THE COURT MAY DO
Delinquent: May be placed on probation under the supervision of a Probation Officer at home or in a group home or other restricted program. The Court may alternatively place a delinquent in the custody of the State Office of Juvenile Services (OJS) / Health and Human Services (HHS) where he/she may be supervised at home, in another placement in the community (such as foster care, group home, or residential treatment), or at the Youth Rehabilitation Treatment Center (YRTC) in Geneva or Kearney.
Commitment to Office of Juvenile Services / Health and Human Services (HHS): HHS provides Court-ordered services to youth including those of the Office of Juvenile Services, the Youth Rehabilitation Treatment Centers, and Out of Home Placement.
Status Offender: Special supervision may be required. Offender may be placed at home on Probation or made a State Ward through the Department of Health and Human Services for out-of-home placement or services in the home.
YOUR RIGHTS
You have a right to:
- Know what has been filed against you;
- An attorney (a Public Defender may be provided at no cost);
- Face and cross-examine witnesses;
- Present evidence in your own defense;
- Testify if you wish; however, you do not have to testify;
- Be advised by the Judge as to what the Court can do with you; and
- Appeal the Court’s decision to the Nebraska Court of Appeals or Nebraska Supreme Court.
ADVICE FOR COURTROOM BEHAVIOR
DO…
- Dress neatly and cleanly, as you would for an important meeting.
- Be 15 minutes early, so you are ready to attend the hearing on time.
- Speak loudly and clearly.
- Be honest and make eye contact when talking.
- Respond to Judge’s questions by saying, “Yes, Your Honor,” or “No, Your Honor.”
DO NOT…
- Curse, swear or lie;
- Get angry or roll your eyes;
- Walk out of the courtroom (you could be held in contempt;
- Speak or act rudely;
- Take a cell phone into the courtroom;
- Slouch or chew gum; or
- Wear sagging pants, offensive T-shirts or gang-related items.
DETENTION
Confinement in a locked facility for a period of time until your case is tried or a more suitable placement is found.
STAFF-INTENSIVE PLACEMENT
Unlocked staff-intensive placement for a period of time until your case is tried or a more suitable placement is found.
YOU MAY BE PLACED AT A DETENTION OR STAFF-SECURITY FACILITY IF YOU…
- ...fail to follow court orders (any law violation, including Court orders to obey your parents’ rules and curfew, and/or attend school).
- ...are a runaway youth (a history of running from home or if you run from your Court-ordered placement, such as foster or group home).
- …are a danger to yourself or others (violent, aggressive, gang-related behavior or use of alcohol or drugs).
- ...are being discharged unsatisfactorily from a placement facility. If you are not following rules of your Court-ordered placement and are discharged, you may be detained.
- ...an OJS evaluation is ordered to be done residentially.
An evaluation can be ordered by the judge to be completed while you are detained.
WHEN A YOUTH IN CHARGED WITH A CRIME:
| Step |
Description |
| 1. Arrest |
Upon arrest by Law Enforcement, the Officer may: 1) Street-
release, 2) Cite and release to a parent, or 3) Arrest and get authorization to detain.
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| 2. Detention Decision |
If recommended by Law Enforcement, a Probation Officer assesses for detention or release to parent. If detained, the Deputy County Attorney reviews all information files the appropriate Petition and requests a hearing, which should be held in a timely manner. The Court reviews all facts and determines if further detention is needed. A Petition generally must be filed within 48 hours of detention, excluding weekends and holidays. If the youth is not detained, a report is forwarded to the County Attorney for a filing decision.
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| 3. Filing |
A petition is filed in the court, or declined. The matter might be diverted without filing a Petition. The County Attorney may decide to charge the youth in Adult Court. If charged with a felony or misdemeanor, the youth could be detained.
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| 4. Arraignment |
Prior to the hearing, the youth meets with his/her attorney to discuss charges and how to proceed. Through the attorney, a plea of admission, denial, or no contest is entered. If the youth denies the charge(s), the Court will schedule an Adjudication Hearing. If youth admits to the charge(s), the Court will schedule a Disposition Hearing and may order evaluations.
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| 5. Adjudication |
This is the trial of the Petition, where the State must prove up on the charge(s). If Court finds the Petition to be true, Court acquires jurisdiction of the youth and the matter is then set for disposition. If the Petition is not found to be true, the case is dismissed.
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| 6. Predisposition Investigation |
The Court may order a predisposition investigation (PDI) by a Probation Officer prior to the disposition hearing, which involves Collecting information from the youth, his/her family, the schools, previous mental health providers, and others. This is so the Judge can make an informed decision about how best to hold the offender accountable and address his or her specific needs. More evaluations may be required (such as chemical dependency or mental health). In abuse-neglect cases, the PDI and other evaluations are done by the Office of Juvenile Services (OJS).
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| 7. Disposition Hearing |
Based on the PDI and other case information, the Court orders a plan to ensure accountability and rehabilitation. The plan could include out-of-home placement, further evaluation, treatment, probation, intensive supervision, or other services.
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FREQUENTLY ASKED QUESTIONS
What is Juvenile Court?
Nebraska laws have separate guidelines for juveniles (as opposed to adults, age 18 and over) who have violated the law or have other behaviors in need of intervention. Juvenile Court involvement is not considered to be a criminal record, but is intended to provide the juvenile an opportunity for rehabilitation.
What is a petition?
A petition is a legal paper, filed in the Court, outlining why you are being brought to court.
How will I know when to go to court?
You will receive a summons or letter giving the date, time, and location. The number of times you attend depends on individual circumstances. Inform the Court and Probation Officer of address or telephone changes.
What if I miss a hearing?
The judge could order you to be picked up by law enforcement, detained, and brought before the Court to explain why you ignored the Court’s notice.
What if I do not follow the Court’s rules?
A motion to review or revoke your placement or probation may be filed by the County Attorney, asking the Court to place more severe requirements on your probation or place you in an institution or state juvenile correctional facility.
Can my record be sealed (kept confidential)?
You may ask the Court to seal your records. This sets aside the record and it cannot be opened without Court approval and good cause. However, even if sealed, certain persons or agencies may still be able to access your records.
What if I waive the right to an attorney?
If you do so, you would be representing yourself. If you do not have an understanding or knowledge of legal options and process (such as motions to make, how to call and examine witnesses, and how to request services from the Court), you may be adversely affected. Remember, you can request an attorney to represent you at any point in the process.
| Office |
Phone Number |
| Attention Center |
(308) 236-1922 |
| County Attorney’s Office |
236-1222 |
| County Court |
236-1228 |
| City of Kearney Attorney’s Office |
237-3155 |
| Crisis Assistance Center |
(800) 325-1111 |
| Detention Center |
(308) 233-5281 |
| District Court |
236-1246 |
Health & Human Services (HHS)
• Geneva/Kearney
• Office of Juvenile Services (OJS)
• Out-of-home Placements
• Youth Rehabilitation and Treatment Centers
|
865-5592 |
| Juvenile Diversion |
236-1922 |
| Truancy/Juvenile Diversion |
236-1920 |
| State Probation |
236-1251 |
| Buffalo County Sheriff |
236-8555 |
Kearney Police Department
• non-emergency
• EMERGENCY
|
237-2104
911 |
| Family Resource Council |
237-4472 |
| Nebraska Workforce Development |
865-5404 |
Region III
• Early Intensive Care Coordination
• Professional Partner Program
|
237-5113
Ext. 238
Ext. 238 |
| Buffalo County Community Health Partners |
865-2284 |
Each individual is entitled to be, and is capable of being, responsible for his or her lawful participation in society.
Revised from the Crime Commission brochure “A Guide to Juvenile Court for Parents & Children.”
A printer-friendly version of this page is available.
Legal Resources
Access Nebraska – Apply Online for Nebraska Public Assistance Benefits
Adult and Child Abuse & Neglect Hotline – (800) 652-1999
Buffalo County Court
Buffalo County District Court
Buffalo County Public Defender
Jeff Wirth
215 West 18th St.
Kearney, NE 68845
Phone: (308) 236-1245
Fax: (308) 236-1255
The Buffalo County Public Defender represents all indigent defendants charged with felonies and misdemeanors in Buffalo County and District courts, if the penalty for the crime carries possible jail time.
Buffalo County Sheriff
Central Mediation Center
Child Welfare, Juvenile and Adult Protective Services 
Citizen’s Guide to Nebraska’s Courts in Arabic
Citizen’s Guide to Nebraska’s Courts in Spanish – EL SISTEMA JUDICIAL DE NEBRASKA
Citizen’s Guide to Nebraska’s Courts in Vietnamese
Get Your Game and Parks Hunting, Fishing, and Park Entry Permit
Family Advocacy Network
Financial Assistance Information
Glossary of Legal Terms
Human Services in Nebraska
Information on the Nebraska Court System in Spanish / Información en Español
Internet Legal Resources
Kearney City Code
Kearney Police Department
Legal Aid of Nebraska
Grand Island Service Office
207 West 3rd Street
Grand Island, NE 68801
Phone: (308) 381-0517 or (877) 250-2018
Legal Aid of Nebraska handles bankruptcy, disability benefits, divorce, custody, eviction, landlord/tenant, wills, contracts, tax problems, welfare benefits, domestic violence victims, assisting trouble with city, state, or federal bureaucracies, consumer, employment, education, juvenile, Indian and Tribal law, farm and ranch, migrant farm worker, and elder law. The agency DOES NOT handle criminal matters, represent incarcerated persons, or take workers compensation, personal injury, or probate/estate cases. Income qualifications apply.
Make Court Payments Online
Mid-Nebraska Community Action Partnership
National Do Not Call Registry
Nebraska Attorney General
The Nebraska BlueBook – Nebraska's official reference manual, with information about the state's government, geography, economy, history and culture.
Nebraska Board of Parole 
Nebraska Department of Correctional Services
Nebraska Judicial Branch Self-Help Center – General information, assistance, and links to other sites.
Nebraska Liquor Control Commission
Nebraska Office of Probation Administration
Nebraska State Bar Association
Nebraska State Bar Association Free Legal Information
Nebraska State Patrol
Nebraska State Statutes Online – Search or browse the Nebraska Constitution and Statutes
Nebraska Volunteer Lawyers Project – Lawyer referrals
Pay Your Traffic Citation Online
Professional Ethics for Judges
Professional Ethics for Lawyers
Renew Your Automobile License Plates
Renew Your Driver’s License
Rules of the Nebraska Supreme Court
Small Claims Court
Uniform Rules of the Nebraska District Courts
WIC Program
Services
| Assessor |
| Valuation protest information |
| Homestead
exemptions |
| Mobile
home ownership transfer |
| Charitable, religious, and educational tax exemptions |
| |
| Attorney |
| Prosecute cases |
| Collect bad checks |
| Child Support |
| Inheritance tax review |
| |
| Board of Commisioners |
| Board of Commissioners minutes |
| Board of Commissioners agendas |
| Board of Commissioners notices |
| Property tax protests |
| |
| Clerk |
| Marriage
license information |
| Military discharge information |
| Proof
of publications |
| Corporations |
| Partnerships |
| County budget |
| County vendor claims |
| County payroll information |
| School census records |
| Minutes
of the Board of Commissioners meetings |
| Waste hauler permits |
| Tobacco licenses outside city limits |
| |
| District Court |
| Issue
writs and orders |
| Collect
and dispense fees for Child Support |
| Keep
records, books and papers pertaining to court |
| Record
proceedings of court |
| Issue passports |
| |
| Election |
| Voter information |
| Voter registration |
| Absentee voting |
| Absentee ballot |
| Polling places |
| Election calendar |
| Election results |
| Poll worker information |
| |
| Floodplain |
| Issue
floodplain permits for residences or structures |
| |
| Highway |
| County road information |
| County bridge information |
| |
| Public Defender |
| Court appoints to defend someone who can not hire their own
attorney |
| |
| Register of Deeds |
| Mortgages |
| Deeds
of trust |
| Plats |
| Old land records |
|
| Sheriff |
| Enforce laws |
| Preserve
the peace |
| Provide
a safe environment |
| Answer
911 calls and dispatch appropriate authority |
| |
| Surveyor |
| Establish
boundaries |
| Locate lots, plots, parcels, tracts, or division of land |
| Division
may include distance, direction, elevation and acreage |
| Furnish legal descriptions to be used in the platting or subdividing
of land |
| Determine
the amount of acreage in land surveyed |
| Establish
and reestablish corners |
| Topographical
plat |
| |
| Treasurer |
| Tax payment information |
| Drivers license |
| CDL's |
| Learner's permits |
| ID
cards |
| Motor vehicle licenses and registrations |
| Boat registrations |
| Specialty license plate applications |
| |
| Veteran Services |
| Veteran's benefits |
| Military discharge records |
| |
| Weed Control |
| Plant identification |
| Weed control issues |
| Enforcement
of state weed laws |
| |
| Zoning |
|
Approve and issue zoning permits
|
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Receive applications for zoning variance permits
|
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Receive applications for change of zoning permits
|
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Receive applications for special use permits
|
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Conduct inspections of setbacks and
uses of land
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Public Defender
Elected Position in Buffalo County:
4 year term
Salary:
Set by Buffalo County Board of Commissioners.
Deputies:
Appointed as needed by elected Public Defender subject to approval of County Board.
Full Time Position:
Determined by statutes in larger counties; by County Board in Buffalo County.
Fees:
May not accept any compensation for representing Public Defender Clients except for salary plus cost reimbursement from County.
Duties:
Represent all indigent, Defendants charged with felonies and misdemeanors, if penalty for crime carries possible jail time.
Court determines if Defendant can financially hire his own attorney or is indigent. If indigent the Court appoints. The Public Defender's office may not represent as Public Defender prior to Court appointment.
Represent all Persons brought before the Mental Health Board as dangerous to self or others.
Represent Fugitives from Justice and/or Extradition Defendant's if appointed by the Court.
Qualifications:
Must be licensed to practice law in Nebraska.
Budget:
Elected official must submit an annual budget to be approved by the County Board.
Buffalo County Public Defender:
Jeff Wirth
Buffalo County Public Defender Chief Deputy:
Brandon Brinegar
Deputies:
Sharon Joseph
Michelle M. Mitchell
Delaney Behrendt
Corey Burns
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