Nebraska2026Did Not Pass
LB1040
Changes to Nebraska Mental Health Commitment Rules
Last scannedAug 25, 2026, 3:18 AM
In one sentence
This bill updates rules for mental health commitment in Nebraska by defining who can file petitions and clarifying what makes a person 'mentally ill and dangerous.'
What it does
- Defines an 'interested party' as a spouse, parent, sibling, adult child, close adult friend, guardian, conservator, or another person acting in the individual's best interests.
- Updates the definition of a 'mentally ill and dangerous person' to include risks of serious harm to others through violence or threats, self-harm attempts or inability to provide basic needs like food and shelter, recent deterioration in well-being, or significant property damage.
- Allows interested parties to file written petitions with district courts if they believe someone is mentally ill and dangerous and less restrictive treatment options are not available.
- Requires petitions to include specific details about the person's behavior, acts, attempts, or threats that support the claim of danger.
- Sets a penalty for filing a petition in bad faith and requires all petitions to be signed under penalty of perjury stating they are accurate.
Who it affects
- People who may be subject to mental health commitment proceedings
- Family members, friends, guardians, or conservators acting as interested parties
- County attorneys and law enforcement officers involved in filing petitions
- Mental health boards that conduct hearings on these cases
Limits and unknowns
- The bill text provided is truncated, so details about the full penalty process or specific dismissal procedures are incomplete.
- The effective date of these changes is not listed in the source material.
- The final status shows the bill was 'indefinitely postponed,' meaning it may not become law despite passing earlier steps.
Plain language
Terms to know
- Interested party
- A person with a close relationship to the subject, such as a spouse, parent, sibling, adult child, or close friend, who is allowed to file a petition for commitment.
- Mentally ill and dangerous person
- Someone whose mental illness or substance dependence creates a substantial risk of serious harm to themselves, others, or property in the near future.
- Petition
- A formal written request filed with a court asking for someone to be evaluated and possibly committed for mental health treatment.
Official record
Sources
Official summary
Change provisions of the Nebraska Mental Health Commitment Act relating to grounds for civil commitment and inpatient treatment and allow for interested parties to file petitions
Official activity
Bill history
- Indefinitely postponed