§ 6-1207.Requirements for establishment or expansion.
Article 12: Problem-Solving Courts · Last amended April 15, 2020 · Last verified July 22, 2026
In one sentenceSection 6-1207 lays out the multi-step process a Nebraska court must follow to establish or expand a problem-solving court — from Supreme Court approval and a detailed written Notice of Intention through assessment by the Statewide Problem-Solving Court Coordinator and an implementation plan — and requires adherence to national best-practice standards.
(A)In order to establish or expand a problem-solving court as defined in § 6-1202, approval must first be granted by the Nebraska Supreme Court pursuant to Neb. Ct. R. §§ 6-1201 through 6-1210.
(B)Problem-solving courts shall adhere to the 10 Key Components as identified and approved by the National Association of Drug Court Professionals in January 1997, and utilize evidence-based practices as identified by applicable social science research and literature. In addition, family treatment courts shall adhere to the Family Treatment Court Common Characteristics promulgated by the National Drug Court Institute in 2018.
(C)Any court interested in expanding an existing problem-solving court or starting a new problem-solving court shall provide a written Notice of Intention to the State Court Administrator. The written notice shall include:
(1)A general program description to include the following;
(a)Location of problem-solving court;
(b)Type of problem-solving court;
(c)The program elements, including, but not limited to, whether it is a postplea or pre- or postadjudication program;
(d)The judicial oversight of problem-solving court; and
(e)The level of support from:
(i)County attorney;
(ii)Public defender;
(iii)Treatment providers and, in the case of family treatment courts, the Nebraska Department of Health and Human Services;
(iv)Law enforcement;
(v)County board; and
(vi)Chief probation officer;
(2)A description of the target population it intends to serve and the estimated number of participants in the first year of operation;
(3)Program goals and intended outcomes and how they will be measured;
(4)An established eligibility criteria for participation in the problem-solving court which includes a standardized, validated risk instrument as approved by the Administrative Office of the
(5)The process or procedure by which an individual gains acceptance to participate in the problem- solving court;
(6)Drug/alcohol testing protocol;
(7)A protocol for adhering to appropriate and legal confidentiality requirements and a plan to provide all team members with an orientation regarding the confidentiality requirements of 42 U.S.C. § 290dd-2 and 42 C.F.R. part 2, if applicable;
(8)The terms and conditions of participation in the problem-solving court, including, but not limited to, treatment; drug testing requirements; the expected intensity of supervision; the anticipated types and intensity of treatment, education, and employment programs to be provided; phase requirements; graduation/completion requirements; graduated sanctions and rewards; and any applicable program service fees;
(9)The process or procedure by which a participant's progress in the problem-solving court is monitored; and
(10)Written policies and procedures governing its general administration, including those relating to organization, personnel, and finance.
(D)After reviewing the Notice of Intention, the State Court Administrator will refer the request to the Statewide Problem-Solving Court Coordinator or request additional information from the applying court.
(E)At the direction of the State Court Administrator, the Statewide Problem-Solving Court Coordinator will begin an initial assessment of the request to include:
(1)Data supporting the need for and cost of the proposed problem-solving court and quantifying the expected benefits;
(2)The existence and applicability of evidence-based practices specific to the operation of the proposed court;
(3)Available resources;
(4)Needed resources;
(5)Problem-solving court funding plan;
(6)Whether a problem-solving court model for the proposed court has been approved by the Supreme Court and Nebraska Supreme Court Committee on Problem-Solving Courts; and
(7)The existence and applicability of Best Practice Standards approved by the Supreme Court.
(F)Upon completion of the initial assessment, the Statewide Problem-Solving Court Coordinator shall present the information and any recommendations to the State Court Administrator and the State Probation Administrator.
(G)If, after review of the Statewide Problem-Solving Court Coordinator’s assessment and recommendations, the State Court Administrator determines the request shall be denied, a report shall be submitted to the applying judge explaining the reasons therefor and outlining potential next steps.
(H)If, after review of the Statewide Problem-Solving Court Coordinator’s assessment and recommendations, the State Court Administrator determines the request warrants submission to the Nebraska Supreme Court, the Statewide Problem-Solving Court Coordinator shall facilitate and assist the proponents in the fulfillment of the requirements for establishing or expanding a problem-solving court outlined in Neb. Ct. R. §§ 6-1201 through 6- 1210.
(I)Upon receipt of the State Court Administrator’s determination that the request warrants submission to the Supreme Court, the proponents of the court shall submit to the Statewide Problem-Solving Court Coordinator all documents required for establishing or expanding a problem-solving court described in Neb. Ct. R. §§ 6-1201 through 6-1210.
(J)The Statewide Problem-Solving Court Coordinator shall review the documents submitted by proponents and determine whether the information submitted is in compliance with Neb. Ct. R. §§ 6-1201 through 6-1210. If the Coordinator so determines, the request shall be submitted by the Statewide Problem-Solving Court Coordinator to the State Court Administrator requesting Supreme Court approval. If the Coordinator determines the information is not in compliance with Neb. Ct. R. §§ 6-1201 through 6-1210, the Coordinator shall address the deficiencies with the proponents until compliance is achieved or until the Coordinator determines the requirements of Neb. Ct. R. §§ 6-1201 through 6-1210 cannot be met. A determination that the requirements of Neb. Ct. R. §§ 6-1201 through 6-1210 cannot be met shall be communicated in writing to the State Court Administrator for further action by the Administrator.
(K)Upon approval by the Supreme Court, the applying problem-solving court will work with the Statewide Problem-Solving Court Coordinator to develop an implementation plan to include but not be limited to:
(1)Personnel;
(2)Timelines;
(3)Training;
(4)Daily operations; and
(5)Technical assistance.
(L)Any changes in the material submitted pursuant to § 6-1207(C) shall be submitted to the Administrative Office of the Courts in a timely manner for approval by the Nebraska Supreme Court.
(M)Screening and treatment for substance use shall adhere to Neb. Ct. R., Ch. 6, Art. 13, Substance Use Services adopted by the Nebraska Supreme Court.
(N)The Court may from time to time modify the requirements set forth in § 6-1207(A) through (M).
(O)The Court shall reserve the right to allow exemptions to any of the requirements set forth in § 6-1207(A) through (K). Any request for an exemption shall be made to the Court in writing. Exemptions shall also be terminated at the discretion of the Court.
Amendment History
§ 6-1207(B) amended June 24, 2015; § 6-1207 amended September 21, 2016; § 6-1207 amended February 14, 2019; § 6-1207(B) and (C)(1)(e)(iii) amended April 15, 2020.
Plain-English Summary
Section 6-1207 turns the general approval requirement in Section 6-1201 into a concrete process. Before a court can start or expand a problem-solving court, it needs the Nebraska Supreme Court’s approval, and the program has to follow the ten key components identified by the National Association of Drug Court Professionals along with evidence-based practices supported by current research; family treatment courts also have to follow the Family Treatment Court Common Characteristics.
Getting there starts with a written Notice of Intention to the State Court Administrator, covering the program’s description, location, and type; its target population and expected participant numbers; goals and how they’ll be measured; eligibility criteria, including a validated risk instrument; how participants get accepted; drug and alcohol testing protocols; confidentiality safeguards tied to federal substance-use privacy law; the terms of participation, including treatment, testing, supervision, and any fees; how progress gets monitored; and written administrative policies covering organization, personnel, and finance.
From there, the State Court Administrator refers the request to the Statewide Problem-Solving Court Coordinator, who runs an initial assessment — looking at need, cost, available and needed resources, funding, whether an approved model exists, and applicable best-practice standards — and reports back with recommendations. If the Administrator denies the request, the applying court gets a written explanation and possible next steps. If the Administrator decides the request should go to the Supreme Court, the Coordinator helps the proponents assemble the required documents, checks them for compliance, and works through any deficiencies before submitting the request for Supreme Court approval. Once approved, the court works with the Coordinator on an implementation plan covering personnel, timelines, training, daily operations, and technical assistance, and has to report any later changes to its submitted materials for further approval.
The rule also folds in substance-use screening and treatment standards from Article 13 and gives the Supreme Court ongoing authority to modify these requirements or grant written exemptions, which it can terminate at its discretion.
Frequently Asked Questions
What’s the first step to starting a new problem-solving court in Nebraska?
Submitting a written Notice of Intention to the State Court Administrator, describing the program, its location and type, target population, goals, eligibility criteria, testing protocols, confidentiality safeguards, participation terms, and administrative policies.
What national standards does a problem-solving court have to follow?
The 10 Key Components identified by the National Association of Drug Court Professionals, current evidence-based practices, and — for family treatment courts specifically — the Family Treatment Court Common Characteristics.
Who reviews the request after it’s submitted?
The State Court Administrator refers it to the Statewide Problem-Solving Court Coordinator, who conducts an initial assessment covering need, cost, resources, funding, and applicable best-practice standards, then reports back with recommendations.
What happens if the request gets denied?
The State Court Administrator sends the applying judge a written report explaining the reasons and outlining potential next steps.
What happens after the Supreme Court approves a new or expanded problem-solving court?
The court works with the Statewide Problem-Solving Court Coordinator on an implementation plan covering personnel, timelines, training, daily operations, and technical assistance.
Does a problem-solving court have to follow substance-use screening standards too?
Yes. Section 6-1207(M) requires screening and treatment for substance use to follow the Substance Use Services standards in Article 13.
Can the Supreme Court grant an exemption from these requirements?
Yes, on written request, and the Court can terminate an exemption at its discretion.
Source & verification. Section text and amendment history are
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
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