Neb. Rev. Stat. § 43-276 : INFANTS AND JUVENILES — JUVENILE CODE —PROSECUTION —276 - County attorney; city attorney; criminal charge, juvenile court petition, pretrial diversion, restorative justice, or transfer of case; determination; considerations; referral to community-based resources
(1) The county attorney or city attorney, in making the determination whether to file a criminal charge, file a juvenile court petition, offer juvenile pretrial diversion or restorative justice, or transfer a case to or from juvenile court, and the juvenile court, county court, or district court in making the determination whether to transfer a case, shall consider:
(a) The type of treatment such juvenile would most likely be amenable to;
(b) whether there is evidence that the alleged offense included violence;
(c) the motivation for the commission of the offense;
(d) the age of the juvenile and the ages and circumstances of any others involved in the offense;
(e) the previous history of the juvenile, including whether he or she had been convicted of any previous offenses or adjudicated in juvenile court;
(f) the best interests of the juvenile;
(g) consideration of public safety;
(h) consideration of the juvenile's ability to appreciate the nature and seriousness of his or her conduct;
(i) whether the best interests of the juvenile and the security of the public may require that the juvenile continue in secure detention or under supervision for a period extending beyond his or her minority and, if so, the available alternatives best suited to this purpose; (j) whether the victim or juvenile agree to participate in restorative justice; (k) whether there is a juvenile pretrial diversion program established pursuant to sections
43-260.02 to
43-260.07; (l) whether the juvenile has been convicted of or has acknowledged unauthorized use or possession of a firearm; (m) whether a juvenile court order has been issued for the juvenile pursuant to section
43-2,106.03; (n) whether the juvenile is a criminal street gang member; and (o) such other matters as the parties deem relevant to aid in the decision.
(2) Prior to filing a petition alleging that a juvenile is a juvenile as described in subdivision (3)(b) of section
43-247, the county attorney shall make reasonable efforts to refer the juvenile and family to community-based resources available to address the juvenile's behaviors, provide crisis intervention, and maintain the juvenile safely in the home. Failure to describe the efforts required by this subsection shall be a defense to adjudication.