Mental Health Commitment

 
8
Consumer Advocacy
Behavioral Health
No

What would you like to do?

What you need to know

​​It is the public policy of the state of Nebraska that mentally ill and dangerous persons be encouraged to obtain voluntary treatment as a part of their journey towards recovery. If voluntary treatment is not obtained, such persons may be subject to involuntary custody only after mental health commitment board proceedings. Involuntary commitment also disqualifies the individual from purchasing or possessing firearms pursuant to state law. Firearm disability is designed to protect and preserve the well-being of the individual and the community, but may be reinstated when the individual is again capable of self-care.

Nebraska Mental Health Commitment Boards

In Nebraska, there are 12 judicial districts.  All judicial districts contract with or have mental health commitment boards.  Many judicial districts have more than one mental health commitment board to fulfill the intent of the Commitment Act (Neb. Rev. Stat. §71-915).  This webpage supplies boards with forms necessary to fulfill the technical requirements of a commitment or release.

Nebraska Mental Health Board Training Manual provides mental health board member training.  The Act requires member trainings every four years.  Training of mental health boards constitutes one of the tasks of the Division of Behavioral Health.  The Mental Health Commitment Act Training Manual serves as a convenient way to supply the required training.  Every four years members must affirm their training.  Upon completion of the review of this manual, prospective mental health board members shall fill out the required information in Part 6.  The member then has the form notarized.  Once notarized send it to the Division of Behavioral Health (can be printed, as separate pages or one two-sided page, but both pages need to be mailed to the Division of Behavioral Health).

This affidavit shall serve as proof of the completion of this training, and is valid for four years from the date on the affidavit. The Division of Behavioral Health will confirm receipt of the completed affidavit via a written letter.

* Synopsis of NRS Sec. 71-916   DHHS shall provide training to members/alternates. No person shall remain on a mental health board or be eligible for appointment unless he/she has attended and satisfactorily completed such training pursuant to rules and regulations adopted by DHHS.

 

In the documents below find approved forms for use in the commitment process for professionals, mental health boards, and peace officers.  These forms are provided in an effort to standardize the commitment process and can be used by each board as they choose. 

The Process and Initial Proceeding

Mental health professionals certificate and recommendations:

Mental Health Board Documents:


The Process and Initial Proceeding- Sex Offender:

Reporting the Order of Commitment

To Nebraska Department of Health and Human Services and Nebraska State Patrol
By Clerks of the District Courts per requirement of Neb. Rev. Stat: 69-2409.01

Reporting the order of commitment is now electronic and available online. Here is the link to the electronic commitment reporting application (ECRA): HTTPS://ECMP.NEBRASKA.GOV/APPNET/LOGIN.ASPX

Once a clerk is registered with Enterprise Content Management Process, please send the user name to the  Division of Behavioral Health e-mail at: DHHS.DBHDatateam@nebraska.gov. The user name will be linked to ECRA. Once the link is established, a note will be sent back to the clerk to begin using ECRA.

Firearms - Removing Committed Persons from Restricted Use List- Granting Relief of Committed Persons Firearm Disability in Nebraska:

Persons committed by mental health boards can be granted relief of their firearm restrictions upon petition to boards of mental health. This relief is granted only by the mental health board having made the initial determination. It is the responsibility of the individual subject to the commitment to petition ALL boards to relieve firearm disability.  Individuals seeking relief can ask the Division of Behavioral Health what boards have commitments on their behalf using the Removal of Firearm Form.

Statute 69-2409.01 – Report: Number of Nebraska Mental Health Commitment Records Submitted to National Instant Criminal Background Check System:

Nebraska State Statute Section 69-2409.01 requires the Department of Health and Human Services and Nebraska State Patrol to report to the Legislature on Mental Health Commitment activities of the State. The report offers a summary of the number of records submitted, the disposition of those records and answers the questions from the Legislature expressed in LB 699 and codified in statute 69-2409.01 section (5). View the most recent Mental Health Report to NICS.


 For more information, contact:  

​Division of Behavioral Health
Phone Number
(402) 471-7818
Fax Number
(402) 742-8314
Mailing Address
P.O. Box 95026, Lincoln, Nebraska 68509-5026