Common use of FACTS Clause in Contracts

FACTS. In a December 1, 2006, dispositional order, the juvenile court committed Xxxxxxx to the custody of the Office of Juvenile Services (OJS) for “out of home placement at a group home level of care.” Xxxxxxx’s commitment was the result of a previ- ous law violation. XXX placed him at a Lincoln group home. Xxxxxxx absconded from this placement twice within the first month. The group home informed XXX that it could no longer keep Xxxxxxx at the facility, and XXX therefore issued a detainer for his apprehension and detention,1 colloquially referred to as a “parole hold.” The detainer requested that the Lancaster County Youth Services Center (LCYSC) hold Xxxxxxx until a hear- ing could be held seeking to transfer him to a higher level of care. The OJS services officer assigned to Xxxxxxx described LCYSC as a “detention center,” and the record indicates that it is a secure facility. Xxxxxxx was detained at LCYSC on January 25, 2007. On February 2, a private transport service coordinated and paid for by XXX brought Xxxxxxx to a medical appointment in Lincoln. Xxxxxxx was transported to the appointment in restraints con- sisting of “leg irons and handcuffs with a belt.” After the appointment, he ran away from the transport employee and was not apprehended until 2 or 3 weeks later. The State filed a second supplemental petition in the pend- ing juvenile proceeding alleging that Xxxxxxx was a minor as defined by § 43-247(2) by reason of his actions on February 2, 2007. The State alleged that Xxxxxxx had escaped from official detention in violation of § 28-912(1). After an evidentiary hear- ing, the juvenile court found that Xxxxxxx’s actions constituted