Opinion No. (1989)

REQUESTED BY: Senator Don Wesely Nebraska State Legislature Do the provisions in LB 182 providing the juvenile courts with authority to order a specific placement of juveniles committed to the Department of Social Services with costs to be borne by the Department create a constitutional problem?

Yes. In our opinion the provisions would be constitutionally suspect from the standpoint of separation of powers.

This is in response to your request for an opinion concerning the constitutionality of LB 182. You were concerned about the provisions in the bill which allow the Juvenile Courts to order…