In November 2020, LB 230, a bill to ban the use of room confinement of juveniles in all but the rarest of circumstances went into effect in Nebraska. The ACLU of Nebraska presented a Continuing Legal Education (CLE) program in December 2020 about the new law.

Click here for the presentation slides.

Additionally, we have developed a sample motion for juvenile defenders to use to challenge potentially unlawful placement of their clients in room confinement. The motion includes claims based on Nebraska Statute 83-4,134.02 (the codification of LB 230), as well as the 14th Amendment and the 8th Amendment. 

Click here for a Word document of the motion.

Please reach out to Scout Richters, Legal & Policy Counsel, at with any questions. 

 The new law (click here for its full text): 

  • Requires that any room confinement for longer than 1 hour during a 24 hour period be documented and approved by a supervisor.
  • Confinement cannot be used as punishment, as a response to a staffing shortage, or in retaliation against the young person. 
  • Only used when less-restrictive alternative have been exhausted and juvenile poses immediate and substantial risk of harm to self or others. 
  • Only held until the immediate and substantial risk is resolved. 
  • Within one day of placement, facility must notify parents or guardians and juvenile’s attorney.
  • Requires certain minimum standards for rooms used for room confinement.
  • Requires that youth in confinement have equal access to meals, family, contact, legal assistance, and educational programming. 
  • Requires that youth in room confinement have access to mental health care and medical care. 
  • Requires that those in confinement be continuously monitored.