The same group of parents pushing for changes in how the juvenile justice system handles mental health care for teens also wants a change in who oversees probation, juvenile and adult.

State Sen. Justin Wayne of Omaha has proposed Legislative Bill 479, which would move the probation system from the judicial branch to the executive branch, shifting it from under the state court system to under the direction of a gubernatorial appointee. Wayne, chairman of the Judiciary Committee, declined to speak about the bill publicly before a legislative hearing is held.

But state lawmakers have butted heads with the court system when the Legislature has tried to assert its typical oversight role onto the probation system. The courts have argued that when the Legislature requires reports and detailed information about adult or juvenile probation, that violates the separation of powers between the legislative and judicial branches. 

Corey Steel, the state court administrator, said the court system opposes any transfer of the probation system from the judicial branch to the executive branch.

He said having probation within the court system streamlines how the judges make decisions on probation consequences, pre-sentence investigations and more.

Having the judicial branch oversee probation “strengthens case management with the ability to impose sanctions,” he said. Moving probation under the executive branch would “drastically change problem-solving courts … really transform the system and slow it down.”

The biggest change sought by the parents interviewed is the ability to sue the state if something goes wrong for someone on probation. Under the current system, parents can file a complaint with the probation administrator, who works for the court system. But the Nebraska Constitution and state law don’t allow people to sue the judicial branch.

Tiffany, who spoke on the condition that her last name not be published, had a child  on juvenile probation who was nearly placed in the home of a felon. Tiffany raised alarms about the person and shared emails showing that court officials doubted her, though she was right.

She said she later found out that because her child had an individual education program, her placement was governed by a separate system for developmentally disabled children, which requires a less stringent background check.

Tiffany also said a lawsuit could have pressed probation officers to follow court orders more closely. She said she would have sued had state law allowed it.

Douglas County Sheriff Aaron Hanson said he backs the change in oversight for probation services. “I think the judicial branch needs to focus on being the judicial branch,” he said.

This story was originally published by Nebraska Examiner, an editorially independent newsroom providing a hard-hitting, daily flow of news. It is part of the national nonprofit States Newsroom. Find more at nebraskaexaminer.com.