Unraveling the Labyrinth: A Proposed Revision of the Nebraska Juvenile Code
134 Pages Posted: 29 Oct 2014
Date Written: August 20, 2004
While Nebraska child protection jurisprudence has a lengthy history, the present Nebraska Juvenile Code was enacted in 1981. The first reference in Nebraska jurisprudence to a “juvenile code” was in 1982. Since its enactment in 1981, the Juvenile Code has been amended many times. The result is “a maze of statutory redundancy.”
This Article describes and analyzes key elements of the Proposed Code. The entire Proposed Code is attached for clarity of context. Comparison of the Proposed Code to Nebraska's existing juvenile code, discussion of the effects of the suggested changes, reference to relevant psychological research, and related national and international perspectives are included in the analysis of the reviewed segments. This article was designed to stimulate further examination and discussion of Nebraska's statutory framework for protecting and rehabilitating children in need of state intervention in their lives. Furthermore, this Article sought to elucidate the meaning of and reasoning behind the Proposed Code. It does not seek to defend the Proposed Code as the only viable solution to the impetus for change described herein. Because of the number and range of issues presented in the Proposed Code, the article neither discusses every section of the Proposed Code nor presumes to be a completely comprehensive analysis of any particular issue.
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