[Rev. 11/21/2013 9:15:33 AM--2013]

CHAPTER 62D - PROCEDURE IN JUVENILE PROCEEDINGS

RIGHTS OF CHILDREN

NRS 62D.010          Manner for conducting proceedings; proceeding open to public; exception.

NRS 62D.020          Prosecution for same offense in another proceeding prohibited.

NRS 62D.030          Advisement of right to representation by attorney; appointment of attorney; waiver of right to representation; responsibility of parent or guardian for payment; compensation.

NRS 62D.040          Procedure at first appearance at intake and before juvenile court; when adjudicating hearing is required; standards of proof; actions of court after determination of whether or not allegations have been established.

RIGHTS OF PARENTS AND GUARDIANS

NRS 62D.100          Right to representation by attorney; appointment of attorney under certain circumstances; compensation.

NRS 62D.110          Juvenile court to provide certificate of attendance to parent or guardian; contents.

NRS 62D.120          Juvenile court to provide to parents and guardians notice of juvenile proceedings to be held after detention hearing; contents of notice.

NRS 62D.130          Terminating or threatening to terminate employment of parent or guardian for appearance at proceeding prohibited; penalty; civil remedy.

PROCEEDINGS INVOLVING INDIAN CHILDREN

NRS 62D.200          Full faith and credit given to proceedings of Indian tribe.

NRS 62D.210          Procedure when proceedings involve placement into foster care; appointment of attorney.

TIMING

NRS 62D.300          Power of juvenile court to expedite proceeding involving act committed against or witnessed by person less than 16 years of age.

NRS 62D.310          Period for final disposition of cases.

NRS 62D.320          Continuances.

MISCELLANEOUS PROVISIONS

NRS 62D.400          Electronic filing of certain documents.

NRS 62D.405          Interpreters.

NRS 62D.410          Subpoenas.

NRS 62D.420          Admissible evidence; examination and cross-examination; court access to and use of records relating to custody of child or involvement of child with agency which provides child welfare services.

NRS 62D.430          Fees allowed for witnesses and other persons acting under order of juvenile court; limitations.

NRS 62D.440          Disclosure to victim of disposition of case; confidentiality of personal information pertaining to victim or parent or guardian of victim.

APPEALS

NRS 62D.500          Appeals. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 62D.500          Appeals. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

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RIGHTS OF CHILDREN

      NRS 62D.010  Manner for conducting proceedings; proceeding open to public; exception.

      1.  Each proceeding conducted pursuant to the provisions of this title:

      (a) Is not criminal in nature.

      (b) Must be heard separately from the trial of cases against adults.

      (c) Must be heard without a jury.

      (d) May be conducted in an informal manner.

      (e) May be held at a facility for the detention of children or elsewhere at the discretion of the juvenile court.

      (f) Does not require stenographic notes or any other transcript of the proceeding unless ordered by the juvenile court.

      2.  Except as otherwise provided in this subsection, each proceeding conducted pursuant to the provisions of this title must be open to the public. If the juvenile court determines that all or part of the proceeding must be closed to the public because the closure is in the best interests of the child or the public:

      (a) The public must be excluded; and

      (b) The juvenile court may order that only those persons who have a direct interest in the case may be admitted. The juvenile court may determine that a victim or any member of the victim’s family is a person who has a direct interest in the case and may be admitted.

      (Added to NRS by 2003, 1057)

      NRS 62D.020  Prosecution for same offense in another proceeding prohibited.

      1.  If a child is prosecuted for an offense in a juvenile proceeding, the child may not be prosecuted again for the same offense in another juvenile proceeding or in a criminal proceeding as an adult.

      2.  For the purposes of this section:

      (a) A child is prosecuted for an offense in a juvenile proceeding if:

             (1) The district attorney files a petition against the child pursuant to the provisions of this title alleging that the child committed a delinquent act; and

             (2) The juvenile court accepts the child’s admission of the facts alleged in the petition or, at an adjudicatory hearing to determine culpability, the juvenile court begins to take evidence on the facts alleged in the petition.

      (b) An offense is the same offense if it is:

             (1) The offense alleged in the petition; or

             (2) An offense based upon the same conduct as that alleged in the petition.

      (Added to NRS by 2003, 1060)

      NRS 62D.030  Advisement of right to representation by attorney; appointment of attorney; waiver of right to representation; responsibility of parent or guardian for payment; compensation.

      1.  If a child is alleged to be delinquent or in need of supervision, the juvenile court shall advise the child and the parent or guardian of the child that the child is entitled to be represented by an attorney at all stages of the proceedings.

      2.  If a parent or guardian of a child is indigent, the parent or guardian may request the appointment of an attorney to represent the child pursuant to the provisions in NRS 171.188.

      3.  Except as otherwise provided in this section, the juvenile court shall appoint an attorney for a child if the parent or guardian of the child does not retain an attorney for the child and is not likely to retain an attorney for the child.

      4.  A child may waive the right to be represented by an attorney if:

      (a) A petition is not filed and the child is placed under informal supervision pursuant to NRS 62C.200; or

      (b) A petition is filed and the record of the juvenile court shows that the waiver of the right to be represented by an attorney is made knowingly, intelligently, voluntarily and in accordance with any applicable standards established by the juvenile court.

      5.  Except as otherwise provided in subsection 6 and NRS 424.085, if the juvenile court appoints an attorney to represent a child and:

      (a) The parent or guardian of the child is not indigent, the parent or guardian shall pay the reasonable fees and expenses of the attorney.

      (b) The parent or guardian of the child is indigent, the juvenile court may order the parent or guardian to reimburse the county or State in accordance with the ability of the parent or guardian to pay.

      6.  For the purposes of paragraph (b) of subsection 5, the juvenile court shall find that the parent or guardian of the child is indigent if:

      (a) The parent or guardian:

             (1) Receives public assistance, as that term is defined in NRS 422A.065;

             (2) Resides in public housing, as that term is defined in NRS 315.021;

             (3) Has a household income that is less than 200 percent of the federally designated level signifying poverty;

             (4) Is incarcerated pursuant to a sentence imposed upon conviction of a crime; or

             (5) Is housed in a public or private mental health facility; or

      (b) After considering the particular circumstances of the parent or guardian, including, without limitation, the seriousness of the charges against the child, the monthly expenses of the parent or guardian and the rates for attorneys in the area in which the juvenile court is located, the juvenile court determines that the parent or guardian is financially unable, without substantial hardship to the parent or guardian or his or her dependents, to obtain qualified and competent legal counsel.

      7.  Each attorney, other than a public defender, who is appointed under the provisions of this section is entitled to the same compensation and expenses from the county as is provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with criminal offenses.

      (Added to NRS by 2003, 1047; A 2013, 535)

      NRS 62D.040  Procedure at first appearance at intake and before juvenile court; when adjudicating hearing is required; standards of proof; actions of court after determination of whether or not allegations have been established.

      1.  At the child’s first appearance at intake and before the juvenile court, the child must be:

      (a) Advised of his or her rights;

      (b) Informed of the specific allegations in the petition; and

      (c) Given an opportunity to admit or deny those allegations.

      2.  If the child denies the allegations in the petition, the juvenile court shall:

      (a) Conduct an adjudicatory hearing concerning the allegations; and

      (b) Record its findings on whether the allegations have been established.

      3.  If the child is alleged to be in need of supervision, the allegations in the petition must be established by a preponderance of the evidence based upon competent, material and relevant evidence.

      4.  If the child is alleged to have committed a delinquent act, the allegations in the petition must be established by proof beyond a reasonable doubt based upon competent, material and relevant evidence.

      5.  If the juvenile court finds that the allegations in the petition have not been established, the juvenile court shall dismiss the petition and order that the child be discharged from any facility for the detention of children or temporary care, unless otherwise ordered by the juvenile court.

      6.  If the juvenile court finds that the allegations in the petition have been established, the juvenile court shall make a proper disposition of the case.

      (Added to NRS by 2003, 1058)

RIGHTS OF PARENTS AND GUARDIANS

      NRS 62D.100  Right to representation by attorney; appointment of attorney under certain circumstances; compensation.

      1.  A parent or guardian of a child who is alleged to be delinquent or in need of supervision may be represented by an attorney at all stages of the proceedings. The juvenile court may not appoint an attorney for a parent or guardian, unless the juvenile court:

      (a) Finds that such an appointment is required in the interests of justice; and

      (b) Specifies in the record the reasons for the appointment.

      2.  Each attorney, other than a public defender, who is appointed pursuant to subsection 1 is entitled to the same compensation and expenses from the county as is provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with criminal offenses.

      (Added to NRS by 2003, 1047)

      NRS 62D.110  Juvenile court to provide certificate of attendance to parent or guardian; contents.

      1.  If a parent or guardian of a child appears with or on behalf of the child at a detention hearing, the juvenile court shall provide to the parent or guardian a certificate of attendance which the parent or guardian may provide to the employer of the parent or guardian.

      2.  A certificate of attendance:

      (a) Must set forth the date and time of appearance and the provisions of NRS 62D.130; and

      (b) Must not set forth the name of the child or the offense alleged.

      (Added to NRS by 2003, 1060)

      NRS 62D.120  Juvenile court to provide to parents and guardians notice of juvenile proceedings to be held after detention hearing; contents of notice.

      1.  For any proceeding after the initial detention hearing, the juvenile court shall cause written notice of the proceeding and a copy of the notice to be provided to all parents and guardians of the child which the parents and guardians may provide to their employers.

      2.  The written notice of the proceeding and the copy of the notice:

      (a) Must set forth the date and time of the proceeding and the provisions of NRS 62D.130; and

      (b) Must not set forth the name of the child or the offense alleged.

      3.  If the address or location of any parent or guardian of a child is not immediately known when the proceeding is scheduled, notice must be served pursuant to this section immediately upon discovery of the address and location of the parent or guardian.

      (Added to NRS by 2003, 1061)

      NRS 62D.130  Terminating or threatening to terminate employment of parent or guardian for appearance at proceeding prohibited; penalty; civil remedy.

      1.  If a parent or guardian of a child gives the employer of the parent or guardian or an agent of the employer notice of an appearance with or on behalf of the child in any court, it is unlawful for the employer or the agent of the employer to:

      (a) Terminate the employment of the parent or guardian, as a consequence of the parent’s or guardian’s appearance or prospective appearance in court; or

      (b) Assert to the parent or guardian that the parent’s or guardian’s appearance or prospective appearance in court will result in the termination of the parent’s or guardian’s employment.

      2.  Any employer or agent of an employer who violates the provisions of subsection 1 is guilty of a misdemeanor.

      3.  A parent or guardian who is discharged from employment in violation of subsection 1 may commence a civil action against the employer of the parent or guardian and obtain:

      (a) Wages and benefits lost as a result of the violation;

      (b) An order of reinstatement without loss of position, seniority or benefits;

      (c) Damages equal to the amount of the lost wages and benefits; and

      (d) Reasonable attorney’s fees fixed by the court.

      4.  For the purposes of this section, notice is given:

      (a) In the case of a detention hearing, when the parent or guardian:

             (1) Gives the employer or an agent of the employer oral notice in advance of the hearing; and

             (2) Provides the employer with a certificate of attendance immediately upon return to employment.

      (b) In the case of any hearing after the initial detention hearing, when the parent or guardian gives the employer or an agent of the employer, in advance of the hearing, the employer’s copy of the written notice of the hearing.

      (Added to NRS by 2003, 1061)

PROCEEDINGS INVOLVING INDIAN CHILDREN

      NRS 62D.200  Full faith and credit given to proceedings of Indian tribe.  In a proceeding involving an Indian child, the juvenile court shall give full faith and credit to the judicial proceedings of an Indian tribe to the same extent that the Indian tribe gives full faith and credit to the judicial proceedings of the courts of this state.

      (Added to NRS by 2003, 1058)

      NRS 62D.210  Procedure when proceedings involve placement into foster care; appointment of attorney.

      1.  If a proceeding conducted pursuant to the provisions of this title involves the placement of an Indian child into foster care, the juvenile court shall:

      (a) Cause the Indian child’s tribe to be notified in writing in the manner provided in the Indian Child Welfare Act. If the Indian child is eligible for membership in more than one tribe, each tribe must be notified.

      (b) Transfer the proceedings to the Indian child’s tribe in accordance with the Indian Child Welfare Act or, if a tribe declines or is unable to exercise jurisdiction, exercise jurisdiction as provided in the Indian Child Welfare Act.

      2.  If the juvenile court determines that the parent of an Indian child for whom foster care is sought is indigent, the juvenile court, as provided in the Indian Child Welfare Act:

      (a) Shall appoint an attorney to represent the parent;

      (b) May appoint an attorney to represent the Indian child; and

      (c) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney.

      (Added to NRS by 2003, 1058)

TIMING

      NRS 62D.300  Power of juvenile court to expedite proceeding involving act committed against or witnessed by person less than 16 years of age.

      1.  Upon the request of the district attorney, the juvenile court may expedite any proceeding conducted pursuant to the provisions of this title that involves an act committed against a person who is less than 16 years of age or an act witnessed by a person who is less than 16 years of age.

      2.  In determining whether to expedite a proceeding, the juvenile court may consider the effect that a delay in the proceeding may have on the mental or emotional health or well-being of the person who is less than 16 years of age.

      (Added to NRS by 2003, 1058)

      NRS 62D.310  Period for final disposition of cases.

      1.  Except as otherwise provided in this section, the juvenile court shall make its final disposition of a case not later than 60 days after the date on which the petition in the case was filed.

      2.  The juvenile court may extend the time for final disposition of a case if the juvenile court files an order setting forth specific reasons for the extension:

      (a) Not later than 60 days after the date on which the petition in the case was filed; or

      (b) Later than 60 days after the date on which the petition in the case was filed, if the juvenile court finds that the extension would serve the interests of justice. In determining whether an extension would serve the interests of justice, the juvenile court shall consider:

             (1) The gravity of the act alleged in the case;

             (2) The reasons for any delay in the disposition of the case; and

             (3) The potential consequences to the child, any victim and the public of not extending the time for final disposition of the case.

      3.  The juvenile court shall not extend the time for final disposition of a case beyond 1 year from the date on which the petition in the case was filed.

      (Added to NRS by 2003, 1059)

      NRS 62D.320  Continuances.

      1.  The juvenile court may continue any proceeding conducted pursuant to the provisions of this title for a reasonable period to receive oral and written reports or other competent, material and relevant evidence that may be helpful in determining the issues presented.

      2.  If a proceeding involves an act committed against a person who is less than 16 years of age or an act witnessed by a person who is less than 16 years of age, the juvenile court:

      (a) May consider any adverse effects that a continuance of the proceeding may have on the mental or emotional health or well-being of the person who is less than 16 years of age; and

      (b) May deny a continuance of the proceeding if the delay will adversely affect the mental or emotional health or well-being of the person who is less than 16 years of age.

      3.  If the juvenile court orders a continuance of a proceeding, the juvenile court shall make an appropriate order for the detention or temporary care of the child who is the subject of the proceeding during the period of the continuance.

      (Added to NRS by 2003, 1059)

MISCELLANEOUS PROVISIONS

      NRS 62D.400  Electronic filing of certain documents.

      1.  A clerk of the court may allow any of the following documents to be filed electronically:

      (a) A petition prepared and signed by the district attorney pursuant to NRS 62C.100 or 62C.110.

      (b) A document relating to proceedings conducted pursuant to this title.

      (c) A study and report prepared pursuant to NRS 62E.160.

      2.  Any document that is filed electronically pursuant to this section must contain an image of the signature of the person who is filing the document.

      (Added to NRS by 2003, 1048)

      NRS 62D.405  Interpreters.

      1.  The juvenile court shall appoint at public expense an interpreter for a person with a language barrier in all proceedings conducted pursuant to the provisions of this title if the person with a language barrier is:

      (a) The child who is alleged to be or has been adjudicated delinquent or in need of supervision;

      (b) A parent or guardian of the child that is alleged to be or has been adjudicated delinquent or in need of supervision; or

      (c) A person who appears as a witness.

      2.  As used in this section:

      (a) “Interpreter” means a person who:

             (1) Has a certificate as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520; or

             (2) Is appointed as an alternate court interpreter in accordance with the criteria and procedures established pursuant to NRS 1.510 or 1.520.

      (b) “Person with a language barrier” has the meaning ascribed to it in NRS 1.510.

      (Added to NRS by 2013, 1462)

      NRS 62D.410  Subpoenas.

      1.  In each proceeding conducted pursuant to the provisions of this title, the juvenile court may issue and, upon the request of any party to the proceeding, the clerk of the court shall issue subpoenas that require:

      (a) The attendance and testimony of witnesses; and

      (b) The production of records, documents or other tangible objects.

      2.  In each proceeding conducted pursuant to the provisions of this title that involves a child who is alleged to be delinquent or in need of supervision, the district attorney or the attorney for the child may issue subpoenas pursuant to NRS 174.315 and 174.335 that require:

      (a) The attendance and testimony of witnesses; and

      (b) The production of records, documents or other tangible objects.

      (Added to NRS by 2003, 1059)

      NRS 62D.420  Admissible evidence; examination and cross-examination; court access to and use of records relating to custody of child or involvement of child with agency which provides child welfare services.

      1.  In each proceeding conducted pursuant to the provisions of this title, the juvenile court may:

      (a) Receive all competent, material and relevant evidence that may be helpful in determining the issues presented, including, but not limited to, oral and written reports; and

      (b) Rely on such evidence to the extent of its probative value.

      2.  The juvenile court shall afford the parties and their attorneys an opportunity to examine and controvert each written report that is received into evidence and to cross-examine each person who made the written report, when reasonably available.

      3.  In any proceeding involving a child for which the court has access to records relating to the custody of the child or the involvement of the child with an agency which provides child welfare services, the juvenile court may review those records to assist the court in determining the appropriate placement or plan of treatment for the child.

      4.  Except when a record described in subsection 3 would otherwise be admissible as evidence in the proceeding, the juvenile court shall not use a record reviewed pursuant to subsection 3 to prove that the child committed a delinquent act or is in need of supervision or for any purpose other than a purpose set forth in subsection 3. Except as otherwise provided in subsection 5, such records must not be disclosed or otherwise made open to inspection unless the records are admitted as evidence and used to determine the disposition of the case.

      5.  The juvenile court shall afford the parties and their attorneys an opportunity to examine and address any record reviewed by the juvenile court pursuant to subsection 3.

      6.  As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (Added to NRS by 2003, 1059; A 2011, 1000)

      NRS 62D.430  Fees allowed for witnesses and other persons acting under order of juvenile court; limitations.  In proceedings conducted pursuant to the provisions of this title:

      1.  A party to a petition must not be charged any court fees or witness fees.

      2.  A salaried officer of this state or of any political subdivision of this state is not entitled to receive any fee for the officer’s services or attendance in the juvenile court.

      3.  Any other person acting under orders of the juvenile court may receive a fee for service of process, for serving as a witness or for the person’s services and attendance in juvenile court. The fee must be paid:

      (a) In an amount as provided by law for like services in cases before the district court; and

      (b) By the county, after the juvenile court has certified the amount to be paid.

      (Added to NRS by 2003, 1048)

      NRS 62D.440  Disclosure to victim of disposition of case; confidentiality of personal information pertaining to victim or parent or guardian of victim.

      1.  The prosecuting attorney shall disclose to the victim of an act committed by a child the disposition of the child’s case regarding that act if:

      (a) The victim requests such a disclosure; or

      (b) If the victim is less than 18 years of age, the parent or guardian of the victim requests such a disclosure.

      2.  All personal information pertaining to the victim or the parent or guardian of the victim, including, but not limited to, a current or former address, which is obtained by the prosecuting attorney pursuant to this section, is confidential and must not be used for a purpose other than that provided for in this section.

      (Added to NRS by 2003, 1060)

APPEALS

      NRS 62D.500  Appeals. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  Appeals from the orders of the juvenile court may be taken to the Supreme Court in the same manner as appeals in civil cases are taken.

      2.  For the purposes of this section, a decision to deny certification of a child for criminal proceedings as an adult is a final judgment from which an appeal may be taken.

      (Added to NRS by 2003, 1060; A 2003, 1512)

      NRS 62D.500  Appeals. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  Appeals from the orders of the juvenile court may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the same manner as appeals in civil cases are taken.

      2.  For the purposes of this section, a decision to deny certification of a child for criminal proceedings as an adult is a final judgment from which an appeal may be taken.

      (Added to NRS by 2003, 1060; A 2003, 1512; 2013, 1745, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)