State of Nebraska v. T.W.

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State of Nebraska v. T.W.

Case Number
Call Date
May 24, 2023
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-22-0652 State of Nebraska (Appellee) v. T.W. (Appellant)

Appeal from District Court for Dodge County, Judge Geoffrey C. Hall

Attorneys:  Rachel M. Greifenkamp (Dodge County Attorney’s Office for Appellee) and Kenneth F. Jacobs (Hug and Jacobs, LLC for Appellant). 

Civil:  Developmental Disability Court-Ordered Custody Act

Proceedings below:  After finding Appellant to be a developmentally disabled and dangerous person under Neb. Rev. Stat. § 71-1101 et seq., the trial ordered that Appellant be placed with a shared living provider with 24/7 monitoring with one-on-one supervision.  The trial court also added the requirements that Appellant wear a GPS monitor and that he not be allowed internet access.  On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.

Issues:  Appellant makes the following assignments of error:  1) Appellant makes the following assignments of error:  1) Appellant has shown by a preponderance of the evidence that the plan submitted by DHHS was not the least restrictive alternative; and 2) The district court improperly added conditions to Appellant’s placement that were not part of the DHHS plan.

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