In re Interest of Alan L. (YRTC Commitment)
This case laid out the procedural process a county attorney must follow, when the State is seeking committment of a youth to our State's Youth Rehabilitation & Treatment Centers (YRTC) pursuant to Neb. Rev. Stat. 43-286. The State can only file a motion to commit a youth to the Office of Juvenile Services (OJS) for placement at a YRTC at three points in a case:
- Before the court enters an original disposition;
- Before a court enters a new disposition following a new adjudication; or
- Before the court enters a new disposition following a motion to revoke probation or supervision.
If the State is seeking commitment to YRTC based upon probation violations, the State must concurrently file a motion to revoke probation, and the court must order the youth's probation revoked before a motion to commit can be considered. The court stated, "And we emphasize that prospectively, a revocation motion is concurrently required even if the State is seeking a juvenile's committment to OJS for probaton violations."
The court also reemphasized its holding in In re Interest of Nedhal A., 289 Neb. 711 (2014), which requried that in a motion to commit to YRTC probation must provide a report "showing that it has thoroughly considered whether untried probation conditions or community-based services have a reasonable probability or are not feasible."