Senate Bill No. 197–Senator Wiener
CHAPTER..........
AN ACT relating to juvenile justice; repealing, reenacting, reorganizing and revising certain provisions relating to juvenile justice; reenacting certain penalties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Title 5 of NRS is hereby amended by adding
1-2 thereto a new chapter to consist of the provisions set forth as
1-3 sections 2 to 39, inclusive, of this act.
1-4 Sec. 2. As used in this title, unless the context otherwise
1-5 requires, the words and terms defined in sections 3 to 36,
1-6 inclusive, of this act have the meanings ascribed to them in those
1-7 sections.
1-8 Sec. 3. “Central Repository” means the Central Repository
1-9 for Nevada Records of Criminal History.
1-10 Sec. 4. 1. “Child” means:
1-11 (a) A person who is less than 18 years of age;
1-12 (b) A person who is less than 21 years of age and subject to the
1-13 jurisdiction of the juvenile court for an unlawful act that was
1-14 committed before the person reached 18 years of age; or
1-15 (c) A person who is otherwise subject to the jurisdiction of the
1-16 juvenile court as a juvenile sex offender pursuant to the provisions
1-17 of sections 186 to 192, inclusive, of this act.
1-18 2. The term does not include a person who is excluded from
1-19 the jurisdiction of the juvenile court pursuant to section 47 of this
1-20 act or a person who is certified for criminal proceedings as an
1-21 adult pursuant to section 53 or 54 of this act.
1-22 Sec. 5. “Child in need of supervision” means a child who is
1-23 adjudicated to be in need of supervision pursuant to the provisions
1-24 of this title.
1-25 Sec. 6. “Community notification” means notification of a
1-26 community pursuant to the guidelines and procedures established
1-27 by the Attorney General for juvenile sex offenders pursuant to
1-28 NRS 179D.800.
1-29 Sec. 7. 1. “Community service” means community service
1-30 performed in accordance with section 93 of this act.
1-31 2. The term includes, but is not limited to, public service,
1-32 work on public projects, supervised work for the benefit of the
1-33 community or any other work required by the juvenile court.
1-34 Sec. 8. “Delinquent child” means a child who is adjudicated
1-35 delinquent pursuant to the provisions of this title.
2-1 Sec. 9. “Director of juvenile services” means:
2-2 1. In a judicial district that does not include a county whose
2-3 population is 100,000 or more, the chief probation officer who is
2-4 appointed pursuant to section 63 of this act;
2-5 2. In a judicial district that includes a county whose
2-6 population is 100,000 or more but less than 400,000, the director
2-7 of juvenile services who is appointed pursuant to section 69 of this
2-8 act; or
2-9 3. In a judicial district that includes a county whose
2-10 population is 400,000 or more, the director of the department of
2-11 juvenile justice services who is appointed pursuant to section 77 of
2-12 this act or who is appointed pursuant to sections 82 to 87,
2-13 inclusive, of this act.
2-14 Sec. 10. “Division of Child and Family Services” means the
2-15 Division of Child and Family Services of the Department of
2-16 Human Resources.
2-17 Sec. 11. “Division of Parole and Probation” means the
2-18 Division of Parole and Probation of the Department of Public
2-19 Safety.
2-20 Sec. 12. “Evaluation center” means a facility which is
2-21 approved by the Health Division of the Department of Human
2-22 Resources to provide an evaluation of an offender to a court to
2-23 determine if the offender is an abuser of alcohol or another drug.
2-24 The term includes a facility operated by a court or other
2-25 governmental agency.
2-26 Sec. 13. “Family division” means the family division of the
2-27 district court.
2-28 Sec. 14. “Firearm” means any device designed to be used as
2-29 a weapon from which a projectile may be expelled through the
2-30 barrel by the force of any explosion or other form of combustion.
2-31 Sec. 15. “Guardian” means a person, other than a parent or
2-32 a state or local agency, who is legally responsible for the care,
2-33 custody or support of a child.
2-34 Sec. 16. “Highway” means a street, road, alley or
2-35 thoroughfare of any kind used by the public.
2-36 Sec. 17. “Indian child” has the meaning ascribed to it in 25
2-37 U.S.C. § 1903.
2-38 Sec. 18. “Indian Child Welfare Act” means the Indian Child
2-39 Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq.
2-40 Sec. 19. 1. “Juvenile court” means each district judge who
2-41 is assigned to serve as a judge of the juvenile court pursuant to
2-42 section 42 of this act or court rule.
2-43 2. The term includes a master who is performing an act on
2-44 behalf of the juvenile court if:
3-1 (a) The juvenile court delegates authority to the master to
3-2 perform the act in accordance with the Constitution of the State of
3-3 Nevada; and
3-4 (b) The master performs the act within the limits of the
3-5 authority delegated to the master.
3-6 Sec. 20. “Local facility for the detention of children” means
3-7 a local facility for the detention or commitment of children which
3-8 is administered by a county.
3-9 Sec. 21. “Local law enforcement agency” means:
3-10 1. The sheriff’s office of a county;
3-11 2. A metropolitan police department; or
3-12 3. A police department of an incorporated city.
3-13 Sec. 22. “Master of the juvenile court” means a person who
3-14 is appointed to act as a master of the juvenile court pursuant to
3-15 section 43 of this act.
3-16 Sec. 23. “Minor traffic offense” means a violation of any
3-17 state or local law or ordinance governing the operation of a motor
3-18 vehicle upon any highway within this state other than:
3-19 1. A violation of chapter 484 or 706 of NRS that causes the
3-20 death of a person;
3-21 2. A violation of NRS 484.379; or
3-22 3. A violation declared to be a felony.
3-23 Sec. 24. “Parent” means a natural parent, adoptive parent or
3-24 stepparent.
3-25 Sec. 25. “Private school” includes private elementary and
3-26 secondary educational institutions. The term does not include a
3-27 home in which instruction is provided to a child who is excused
3-28 from compulsory attendance pursuant to subsection 1 of NRS
3-29 392.070 or a school or educational program that is conducted
3-30 exclusively for children who have been adjudicated delinquent.
3-31 Sec. 26. “Property” includes real or personal property.
3-32 Sec. 27. “Public school” includes all kindergartens and
3-33 elementary schools, junior high schools and middle schools, high
3-34 schools, charter schools and any other schools, classes and
3-35 educational programs which receive their support through public
3-36 taxation and, except for charter schools, whose textbooks and
3-37 courses of study are under the control of the State Board of
3-38 Education. The term does not include a school or educational
3-39 program that is conducted exclusively for children who have been
3-40 adjudicated delinquent.
3-41 Sec. 28. “Qualified professional” means:
3-42 1. A psychiatrist licensed to practice medicine in this state
3-43 and certified by the American Board of Psychiatry and Neurology,
3-44 Inc.;
3-45 2. A psychologist licensed to practice in this state;
4-1 3. A social worker holding a master’s degree in social work
4-2 and licensed in this state as a clinical social worker;
4-3 4. A registered nurse holding a master’s degree in the field of
4-4 psychiatric nursing and licensed to practice professional nursing
4-5 in this state; or
4-6 5. A marriage and family therapist licensed in this state
4-7 pursuant to chapter 641A of NRS.
4-8 Sec. 29. 1. “Regional facility for the detention of children”
4-9 means a regional facility for the detention or commitment of
4-10 children which is administered by or for the benefit of more than
4-11 one governmental entity.
4-12 2. The term includes, but is not limited to:
4-13 (a) The institution in Clark County known as Spring
4-14 Mountain Youth Camp;
4-15 (b) The institution in Douglas County known as China Spring
4-16 Youth Camp; and
4-17 (c) The institution in Lyon County known as Western Nevada
4-18 Regional Youth Facility.
4-19 3. The term does not include:
4-20 (a) Any local facility for the detention of children; or
4-21 (b) The Nevada Youth Training Center, the Caliente Youth
4-22 Center or any state facility for the detention of children.
4-23 Sec. 30. “Restitution” means restitution ordered by the
4-24 juvenile court pursuant to sections 165 to 169, inclusive, of this
4-25 act.
4-26 Sec. 31. “School bus” includes every motor vehicle owned by
4-27 or under the control of a public or governmental agency or a
4-28 private school and regularly operated for the transportation of
4-29 children to or from school or a school activity or privately owned
4-30 and regularly operated for compensation for the transportation of
4-31 children to or from school or a school activity. The term does not
4-32 include a passenger car operated under a contract to transport
4-33 children to and from school, a common carrier or commercial
4-34 vehicle under the jurisdiction of the Surface Transportation Board
4-35 or the Transportation Services Authority when such a vehicle is
4-36 operated in the regular conduct of its business in interstate or
4-37 intrastate commerce within the State of Nevada.
4-38 Sec. 32. “Seal” means to place the records in a separate file
4-39 or other repository not accessible to the public.
4-40 Sec. 33. “Sexually motivated act” means an unlawful act
4-41 that is determined to be sexually motivated pursuant to section 179
4-42 of this act.
4-43 Sec. 34. 1. “State facility for the detention of children”
4-44 means a state facility for the detention or commitment of children
4-45 which is administered by the State of Nevada.
5-1 2. The term includes, but is not limited to, the Nevada Youth
5-2 Training Center and the Caliente Youth Center.
5-3 Sec. 35. “Treatment facility” means a facility for the
5-4 treatment of abuse of alcohol or drugs that is certified by the
5-5 Health Division of the Department of Human Resources.
5-6 Sec. 36. “Youth Parole Bureau” means the Youth Parole
5-7 Bureau of the Division of Child and Family Services.
5-8 Sec. 37. The Legislature hereby declares that:
5-9 1. This title must be liberally construed to the end that:
5-10 (a) Each child who is subject to the jurisdiction of the juvenile
5-11 court must receive such care, guidance and control, preferably in
5-12 the child’s own home, as will be conducive to the child’s welfare
5-13 and the best interests of this state; and
5-14 (b) When a child is removed from the control of the parent or
5-15 guardian of the child, the juvenile court shall secure for the child
5-16 a level of care which is equivalent as nearly as possible to the care
5-17 that should have been given to the child by the parent or guardian.
5-18 2. One of the purposes of this title is to promote the
5-19 establishment, supervision and implementation of preventive
5-20 programs that are designed to prevent a child from becoming
5-21 subject to the jurisdiction of the juvenile court.
5-22 Sec. 38. Each public officer and agency shall, to the extent
5-23 of the jurisdictional power of the public officer or agency, render
5-24 all assistance and cooperation that may further the objects of this
5-25 title.
5-26 Sec. 39. 1. In carrying out the objects and purposes of this
5-27 title, the juvenile court may use the services and facilities of the
5-28 agency which provides child welfare services.
5-29 2. The agency which provides child welfare services shall
5-30 determine the plans, placements and services to be provided to any
5-31 child pursuant to the provisions of this title, chapter 432 of NRS
5-32 and NRS 432B.010 to 432B.400, inclusive.
5-33 3. As used in this section, “agency which provides child
5-34 welfare services” means:
5-35 (a) In a county whose population is less than 100,000, the
5-36 local office of the Division of Child and Family Services; or
5-37 (b) In a county whose population is 100,000 or more, the
5-38 agency of the county,
5-39 which provides or arranges for necessary child welfare services.
5-40 Sec. 40. Title 5 of NRS is hereby amended by adding thereto a
5-41 new chapter to consist of the provisions set forth as sections 41 to
5-42 56, inclusive, of this act.
5-43 Sec. 41. The district courts:
5-44 1. To the extent specified in this title, shall have and exercise
5-45 jurisdiction in all proceedings conducted pursuant to this title; and
6-1 2. When exercising jurisdiction pursuant to the provisions of
6-2 this title, shall be termed juvenile courts.
6-3 Sec. 42. 1. In any judicial district in which there are two or
6-4 three district judges, the district judges, by mutual consent, shall:
6-5 (a) Assign one district judge to serve as the judge of the
6-6 juvenile court for a period set by the district judges; or
6-7 (b) Divide the powers and duties set forth in this title among
6-8 the district judges as they see fit.
6-9 2. In a judicial district which does not include a county whose
6-10 population is 100,000 or more and in which there are four or more
6-11 district judges:
6-12 (a) The district judges, by mutual consent, shall assign one
6-13 district judge to serve as the judge of the juvenile court for a
6-14 period of 2 years; or
6-15 (b) If the district judges cannot agree, the Chief Justice of the
6-16 Supreme Court shall assign one district judge to serve as the judge
6-17 of the juvenile court for a period of 2 years.
6-18 3. If, for any reason, a district judge who is assigned to serve
6-19 as a judge of the juvenile court pursuant to this section is unable
6-20 to act, any other district judge of the judicial district may act
6-21 temporarily as a judge of the juvenile court during the period that
6-22 the district judge who is regularly assigned is unable to act.
6-23 4. Each district judge who is assigned to serve as a judge
6-24 of the juvenile court has all the powers and duties set forth in this
6-25 title, and the primary duty of the district judge is to administer
6-26 the provisions of this title.
6-27 Sec. 43. 1. Except as otherwise provided in this section, the
6-28 juvenile court or the chief judge of the judicial district may
6-29 appoint any person to act as a master of the juvenile court if the
6-30 person is qualified by previous experience, training and
6-31 demonstrated interest in the welfare of children to act as a master
6-32 of the juvenile court.
6-33 2. A probation officer shall not act as a master of the juvenile
6-34 court unless the proceeding concerns:
6-35 (a) A minor traffic offense; or
6-36 (b) A child who is alleged to be a habitual truant.
6-37 3. If a person is appointed to act as a master of the juvenile
6-38 court, the person shall attend instruction at the National College
6-39 of Juvenile and Family Law in Reno, Nevada, in a course
6-40 designed for the training of new judges of the juvenile court on the
6-41 first occasion when such instruction is offered after the person is
6-42 appointed.
6-43 4. If, for any reason, a master of the juvenile court is unable
6-44 to act, the juvenile court or the chief judge of the judicial district
6-45 may appoint another qualified person to act temporarily as a
7-1 master of the juvenile court during the period that the master who
7-2 is regularly appointed is unable to act.
7-3 5. The compensation of a master of the juvenile court:
7-4 (a) May not be taxed against the parties.
7-5 (b) Must be paid out of appropriations made for the expenses
7-6 of the district court, if the compensation is fixed by the juvenile
7-7 court.
7-8 Sec. 44. 1. The juvenile court may order a master of the
7-9 juvenile court to:
7-10 (a) Swear witnesses.
7-11 (b) Take evidence.
7-12 (c) Make findings of fact and recommendations.
7-13 (d) Conduct all proceedings before the master of the juvenile
7-14 court in the same manner as a district judge conducts proceedings
7-15 in a district court.
7-16 2. Not later than 10 days after the evidence before a master of
7-17 the juvenile court is closed, the master shall file with the juvenile
7-18 court:
7-19 (a) All papers relating to the case;
7-20 (b) Written findings of fact; and
7-21 (c) Written recommendations.
7-22 3. A master of the juvenile court shall provide to the parent or
7-23 guardian of the child, the attorney for the child, the district
7-24 attorney, and any other person concerned, written notice of:
7-25 (a) The master’s findings of fact;
7-26 (b) The master’s recommendations;
7-27 (c) The right to object to the master’s recommendations; and
7-28 (d) The right to request a hearing de novo before the juvenile
7-29 court as provided in subsection 4.
7-30 4. After reviewing the recommendations of a master of the
7-31 juvenile court and any objection to the master’s recommendations,
7-32 the juvenile court shall:
7-33 (a) Approve the master’s recommendations, in whole or in
7-34 part, and order the recommended disposition;
7-35 (b) Reject the master’s recommendations, in whole or in part,
7-36 and order such relief as may be appropriate; or
7-37 (c) Direct a hearing de novo before the juvenile court if, not
7-38 later than 5 days after the master provides notice of the master’s
7-39 recommendations, a person who is entitled to such notice files
7-40 with the juvenile court a request for a hearing de novo before the
7-41 juvenile court.
7-42 5. A recommendation of a master of the juvenile court is not
7-43 effective until expressly approved by the juvenile court as
7-44 evidenced by the signature of a judge of the juvenile court.
7-45 Sec. 45. The juvenile court does not have jurisdiction over a
7-46 child who is subject to the exclusive jurisdiction of an Indian tribe.
8-1 Sec. 46. 1. Except as otherwise provided in this title, the
8-2 juvenile court has exclusive original jurisdiction in proceedings
8-3 concerning any child living or found within the county who is
8-4 alleged or adjudicated to be in need of supervision because the
8-5 child:
8-6 (a) Is subject to compulsory school attendance and is a
8-7 habitual truant from school;
8-8 (b) Habitually disobeys the reasonable and lawful demands of
8-9 the parent or guardian of the child and is unmanageable; or
8-10 (c) Deserts, abandons or runs away from the home or usual
8-11 place of abode of the child and is in need of care or rehabilitation.
8-12 2. A child who is subject to the jurisdiction of the juvenile
8-13 court pursuant to this section must not be considered a delinquent
8-14 child.
8-15 Sec. 47. 1. Except as otherwise provided in this title, the
8-16 juvenile court has exclusive original jurisdiction over a child
8-17 living or found within the county who is alleged or adjudicated to
8-18 have committed a delinquent act.
8-19 2. For the purposes of this section, a child commits a
8-20 delinquent act if the child:
8-21 (a) Violates a county or municipal ordinance;
8-22 (b) Violates any rule or regulation having the force of law; or
8-23 (c) Commits an act designated a criminal offense pursuant to
8-24 the laws of the State of Nevada.
8-25 3. For the purposes of this section, each of the following acts
8-26 shall be deemed not to be a delinquent act, and the juvenile court
8-27 does not have jurisdiction over a person who is charged with
8-28 committing such an act:
8-29 (a) Murder or attempted murder and any other related offense
8-30 arising out of the same facts as the murder or attempted murder,
8-31 regardless of the nature of the related offense.
8-32 (b) Sexual assault or attempted sexual assault involving the
8-33 use or threatened use of force or violence against the victim
8-34 and any other related offense arising out of the same facts as
8-35 the sexual assault or attempted sexual assault, regardless of the
8-36 nature of the related offense, if:
8-37 (1) The person was 16 years of age or older when the
8-38 sexual assault or attempted sexual assault was committed; and
8-39 (2) Before the sexual assault or attempted sexual assault
8-40 was committed, the person previously had been adjudicated
8-41 delinquent for an act that would have been a felony if committed
8-42 by an adult.
8-43 (c) An offense or attempted offense involving the use or
8-44 threatened use of a firearm and any other related offense arising
8-45 out of the same facts as the offense or attempted offense involving
9-1 the use or threatened use of a firearm, regardless of the nature of
9-2 the related offense, if:
9-3 (1) The person was 16 years of age or older when the
9-4 offense or attempted offense involving the use or threatened use of
9-5 a firearm was committed; and
9-6 (2) Before the offense or attempted offense involving the
9-7 use or threatened use of a firearm was committed, the person
9-8 previously had been adjudicated delinquent for an act that would
9-9 have been a felony if committed by an adult.
9-10 (d) A felony resulting in death or substantial bodily harm to
9-11 the victim and any other related offense arising out of the same
9-12 facts as the felony, regardless of the nature of the related offense,
9-13 if:
9-14 (1) The felony was committed on the property of a public or
9-15 private school when pupils or employees of the school were
9-16 present or may have been present, at an activity sponsored by a
9-17 public or private school or on a school bus while the bus was
9-18 engaged in its official duties; and
9-19 (2) The person intended to create a great risk of death or
9-20 substantial bodily harm to more than one person by means of a
9-21 weapon, device or course of action that would normally be
9-22 hazardous to the lives of more than one person.
9-23 (e) Any other offense if, before the offense was committed, the
9-24 person previously had been convicted of a criminal offense.
9-25 Sec. 48. The juvenile court has exclusive original
9-26 jurisdiction over any child who is:
9-27 1. On probation; or
9-28 2. Released on parole from a state facility for the detention of
9-29 children and who violates any condition of the child’s parole.
9-30 Sec. 49. 1. If the juvenile court exercises jurisdiction over a
9-31 child regarding any matter within the purview of this title, another
9-32 court may not exercise jurisdiction over the child regarding that
9-33 matter, unless the juvenile court:
9-34 (a) Certifies the child for proper criminal proceedings as an
9-35 adult pursuant to the provisions of this title; or
9-36 (b) Transfers the case to another court pursuant to the
9-37 provisions of this title.
9-38 2. The provisions of this title do not deprive another court of
9-39 the right to determine:
9-40 (a) The custody of the child upon a writ of habeas corpus; or
9-41 (b) The custody or guardianship of the child in a case
9-42 involving divorce or problems of domestic relations.
10-1 Sec. 50. Except as otherwise provided in sections 181 and
10-2 188 of this act, if a child is subject to the jurisdiction of the
10-3 juvenile court, the juvenile court:
10-4 1. May terminate its jurisdiction concerning the child at any
10-5 time, either on its own volition or for good cause shown; or
10-6 2. May retain jurisdiction over the child until the child
10-7 reaches 21 years of age.
10-8 Sec. 51. 1. Except as otherwise provided in this title, a
10-9 court shall transfer a case and record to the juvenile court if,
10-10 during the pendency of a proceeding involving a criminal offense,
10-11 it is ascertained that the person who is charged with the offense
10-12 was less than 18 years of age when the person allegedly committed
10-13 the offense.
10-14 2. A court shall not transfer a case and record to the juvenile
10-15 court if the proceeding involves a criminal offense excluded from
10-16 the original jurisdiction of the juvenile court pursuant to section
10-17 47 of this act.
10-18 3. A court making a transfer pursuant to this section shall:
10-19 (a) Order the child to be taken immediately to the place of
10-20 detention designated by the juvenile court;
10-21 (b) Order the child to be taken immediately to appear before
10-22 the juvenile court; or
10-23 (c) Release the child to the custody of a suitable person and
10-24 order the child to be brought before the juvenile court at a time
10-25 designated by the juvenile court.
10-26 Sec. 52. 1. If a child is charged with a minor traffic
10-27 offense, the juvenile court may transfer the case and record to a
10-28 justice’s court or municipal court if the juvenile court determines
10-29 that the transfer is in the best interests of the child.
10-30 2. If a case is transferred pursuant to this section:
10-31 (a) The restrictions set forth in section 113 of this act are
10-32 applicable in those proceedings; and
10-33 (b) A parent or guardian must accompany the child at all
10-34 proceedings.
10-35 3. If the juvenile court transfers a case and record to a
10-36 justice’s court or municipal court pursuant to this section, the
10-37 justice’s court or municipal court may transfer the case and
10-38 record back to the juvenile court with the consent of the juvenile
10-39 court.
11-1 Sec. 53. 1. Except as otherwise provided in subsection 2
11-2 and section 54 of this act, upon a motion by the district attorney
11-3 and after a full investigation, the juvenile court may certify a child
11-4 for proper criminal proceedings as an adult to any court that
11-5 would have jurisdiction to try the offense if committed by an adult,
11-6 if the child:
11-7 (a) Is charged with an offense that would have been a felony if
11-8 committed by an adult; and
11-9 (b) Was 14 years of age or older at the time the child allegedly
11-10 committed the offense.
11-11 2. Except as otherwise provided in subsection 3, upon a
11-12 motion by the district attorney and after a full investigation, the
11-13 juvenile court shall certify a child for proper criminal proceedings
11-14 as an adult to any court that would have jurisdiction to try the
11-15 offense if committed by an adult, if the child:
11-16 (a) Is charged with:
11-17 (1) A sexual assault involving the use or threatened use of
11-18 force or violence against the victim; or
11-19 (2) An offense or attempted offense involving the use or
11-20 threatened use of a firearm; and
11-21 (b) Was 14 years of age or older at the time the child allegedly
11-22 committed the offense.
11-23 3. The juvenile court shall not certify a child for criminal
11-24 proceedings as an adult pursuant to subsection 2 if the juvenile
11-25 court specifically finds by clear and convincing evidence that:
11-26 (a) The actions of the child were substantially the result of the
11-27 substance abuse or emotional or behavioral problems of the child;
11-28 and
11-29 (b) The substance abuse or emotional or behavioral problems
11-30 may be appropriately treated through the jurisdiction of the
11-31 juvenile court.
11-32 4. If a child is certified for criminal proceedings as an adult
11-33 pursuant to subsection 1 or 2, the juvenile court shall also certify
11-34 the child for criminal proceedings as an adult for any other
11-35 related offense arising out of the same facts as the offense for
11-36 which the child was certified, regardless of the nature of the
11-37 related offense.
11-38 5. If a child has been certified for criminal proceedings as an
11-39 adult pursuant to subsection 1 or 2 and the child’s case has been
11-40 transferred out of the juvenile court:
11-41 (a) The court to which the case has been transferred has
11-42 original jurisdiction over the child;
11-43 (b) The child may petition for transfer of the case back to the
11-44 juvenile court only upon a showing of exceptional circumstances;
11-45 and
12-1 (c) If the child’s case is transferred back to the juvenile court,
12-2 the juvenile court shall determine whether the exceptional
12-3 circumstances warrant accepting jurisdiction.
12-4 Sec. 54. 1. A child shall be deemed to be a prisoner who
12-5 has escaped or attempted to escape from lawful custody in
12-6 violation of NRS 212.090, and proceedings may be brought
12-7 against the child pursuant to the provisions of this section, if the
12-8 child:
12-9 (a) Is committed to or otherwise is placed in a public or private
12-10 facility for the detention or correctional care of children,
12-11 including, but not limited to, all state, regional and local facilities
12-12 for the detention of children; and
12-13 (b) Escapes or attempts to escape from such a facility.
12-14 2. Upon a motion by the district attorney and after a full
12-15 investigation, the juvenile court may certify the child for criminal
12-16 proceedings as an adult pursuant to subsection 1 of section 53 of
12-17 this act if the child was 14 years of age or older at the time of the
12-18 escape or attempted escape and:
12-19 (a) The child was committed to or placed in the facility from
12-20 which the child escaped or attempted to escape because the child
12-21 had been charged with or had been adjudicated delinquent for an
12-22 unlawful act that would have been a felony if committed by an
12-23 adult; or
12-24 (b) The child or another person aiding the child used a
12-25 dangerous weapon to facilitate the escape or attempted escape.
12-26 3. If the child is certified for criminal proceedings as an adult
12-27 pursuant to subsection 2, the juvenile court shall also certify the
12-28 child for criminal proceedings as an adult for any other related
12-29 offense arising out of the same facts as the escape or attempted
12-30 escape, regardless of the nature of the related offense.
12-31 4. If the child is not certified for criminal proceedings as an
12-32 adult pursuant to subsection 2 or otherwise is not subject to the
12-33 provisions of subsection 2, the escape or attempted escape shall be
12-34 deemed to be a delinquent act, and proceedings may be brought
12-35 against the child pursuant to the provisions of this title.
12-36 Sec. 55. 1. The juvenile court has jurisdiction over adults
12-37 to the extent that such jurisdiction is incidental and necessary to
12-38 its jurisdiction over children.
12-39 2. A stepparent of a child is subject to the same court orders
12-40 as a natural parent or adoptive parent of the child.
12-41 3. An adult who is subject to the jurisdiction of the juvenile
12-42 court:
12-43 (a) Is subject to the provisions of section 56 of this act; and
12-44 (b) Has available to him all the rights, remedies and writs
12-45 guaranteed by the Constitution of the United States and the
13-1 Constitution and the laws of this state to a defendant who is
13-2 charged with having committed a criminal offense in this state.
13-3 Sec. 56. 1. Any person, except a child, who willfully
13-4 violates, neglects or refuses to obey the terms of any order of
13-5 disposition made by the juvenile court under the provisions of this
13-6 title is guilty of a misdemeanor and may be punished for contempt.
13-7 2. Except as otherwise provided in this section, if the juvenile
13-8 court determines that a person is guilty of contempt, the person
13-9 may be punished by:
13-10 (a) A fine, not to exceed $500; or
13-11 (b) Imprisonment, not to exceed 25 days,
13-12 or both.
13-13 3. The juvenile court may punish a person who is guilty of
13-14 contempt by imprisonment for more than 25 days if:
13-15 (a) The person is guilty of contempt for refusing to perform an
13-16 act and the person has the power to perform the act; and
13-17 (b) The juvenile court specifies the act the person must
13-18 perform in the warrant of commitment.
13-19 4. A person punished pursuant to subsection 3 may be
13-20 imprisoned until the person performs the act specified in the
13-21 warrant of commitment.
13-22 Sec. 57. Title 5 of NRS is hereby amended by adding thereto a
13-23 new chapter to consist of the provisions set forth as sections 58 to
13-24 94, inclusive, of this act.
13-25 Sec. 58. 1. In any county where it is deemed advisable, the
13-26 juvenile court may establish a youth services commission.
13-27 2. Each youth services commission must consist of five
13-28 persons appointed by the juvenile court.
13-29 3. In conjunction with the Division of Child and Family
13-30 Services, the youth services commission shall advise the juvenile
13-31 court, the Legislature, the Governor and the governing bodies of
13-32 each city and the county to:
13-33 (a) Determine the extent to which various departments,
13-34 agencies and organizations may wish to cooperate in a common
13-35 effort to coordinate their existing programs and develop new
13-36 programs to reduce the incidence of juvenile delinquency;
13-37 (b) Develop necessary formal agreements among those
13-38 departments, agencies and organizations, including agreements
13-39 involving the joint exercise of power;
13-40 (c) Initiate, where feasible, other special projects for the
13-41 prevention of delinquency through the use and coordination of
13-42 existing resources within the community; and
13-43 (d) Seek and secure money and resources to carry out the
13-44 purposes of the youth services commission.
14-1 Sec. 59. The provisions of sections 59 to 65, inclusive, of this
14-2 act apply to a judicial district which does not include a county
14-3 whose population is 100,000 or more.
14-4 Sec. 60. 1. By an order entered in the minutes, the juvenile
14-5 court shall:
14-6 (a) Appoint five representative citizens of good moral
14-7 character to be known as the probation committee; and
14-8 (b) If any member of the probation committee vacates or is
14-9 removed from his position before the end of his term, appoint a
14-10 person to fill the vacancy not later than 30 days after the date on
14-11 which the vacancy occurs.
14-12 2. The clerk of the court shall notify each person who is
14-13 appointed to the probation committee. The notice of appointment
14-14 must instruct the person to appear before the juvenile court not
14-15 later than 10 days after the date the notice is sent.
14-16 3. Each person who is appointed to the probation committee
14-17 shall:
14-18 (a) Appear before the juvenile court not later than the time
14-19 specified by the notice of appointment; and
14-20 (b) Qualify by taking an oath to perform faithfully the duties
14-21 of a member of the probation committee. The taking of the oath
14-22 must be entered in the records of the juvenile court.
14-23 4. Except as otherwise provided in this section, the juvenile
14-24 court shall appoint persons to the probation committee for the
14-25 following terms:
14-26 (a) For the initial terms of the members:
14-27 (1) One member must be appointed for a term of 1 year;
14-28 (2) Two members must be appointed for terms of 2 years;
14-29 and
14-30 (3) Two members must be appointed for terms of 3 years.
14-31 (b) For the terms following the initial terms, each member
14-32 must be appointed for a term of 3 years.
14-33 5. If a person is appointed to fill a vacancy before the end of
14-34 a term, the juvenile court shall appoint the person for the
14-35 remainder of the unexpired term.
14-36 6. The juvenile court may at any time remove for cause any
14-37 member of the probation committee.
14-38 7. Members of the probation committee shall:
14-39 (a) Serve without compensation; and
14-40 (b) Choose from among their members a chairman and a
14-41 secretary.
14-42 Sec. 61. 1. The probation committee shall:
14-43 (a) Advise the juvenile court upon its request.
14-44 (b) In conjunction with the juvenile court and the chief
14-45 probation officer, advise on any matter concerning the control and
14-46 management of any local facility for the detention of children.
15-1 (c) Upon the request of the juvenile court, investigate the
15-2 facilities, resources and management of any person or entity,
15-3 other than a state agency, that applies to receive or receives
15-4 children under this title and report its findings, conclusions and
15-5 recommendations to the juvenile court.
15-6 (d) Prepare an annual report of its activities, investigations,
15-7 findings and recommendations and file the annual report with the
15-8 juvenile court and with the clerk of the court as a public
15-9 document.
15-10 (e) Advise the juvenile court and make recommendations
15-11 concerning:
15-12 (1) The appointment of employees that the probation
15-13 committee deems necessary for the operation and management of
15-14 the probation department and each local facility for the detention
15-15 of children.
15-16 (2) The establishment of policies, procedures and standards
15-17 for the proper performance of the duties and responsibilities of
15-18 probation officers, the employees of the probation department and
15-19 the employees of each local facility for the detention of children.
15-20 2. The probation committee may:
15-21 (a) If it deems necessary or proper, investigate any local
15-22 facility for the detention of children and report its findings,
15-23 conclusions and recommendations to the juvenile court.
15-24 (b) Upon a majority vote of its members, recommend the
15-25 removal or discharge of any probation officer.
15-26 Sec. 62. 1. The juvenile court shall appoint:
15-27 (a) One or more probation officers.
15-28 (b) Other employees as may be required to carry on the work
15-29 of the probation department and each local facility for the
15-30 detention of children.
15-31 2. The appointment of the probation officers, the employees
15-32 of the probation department and the employees of each local
15-33 facility for the detention of children must be made from lists of
15-34 eligible persons established through competitive examinations.
15-35 3. With the advice of the probation committee, the juvenile
15-36 court shall establish policies, procedures and standards for the
15-37 proper performance of the duties and responsibilities of the
15-38 probation officers, the employees of the probation department and
15-39 the employees of each local facility for the detention of children.
15-40 4. With the advice of the probation committee and consent of
15-41 the board or boards of county commissioners, the juvenile court
15-42 shall determine the salaries of the probation officers, the
15-43 employees of the probation department and the employees of each
15-44 local facility for the detention of children.
15-45 5. If the juvenile court serves two or more counties, the
15-46 juvenile court:
16-1 (a) May appoint the probation officers to serve the counties
16-2 jointly; and
16-3 (b) Shall allocate the salaries and expenses of the probation
16-4 officers between the counties.
16-5 6. The board or boards of county commissioners shall make
16-6 every reasonable effort to provide sufficient personnel and support
16-7 for the probation department to uphold the concept of separation
16-8 of powers in the court process.
16-9 Sec. 63. 1. The juvenile court shall appoint one probation
16-10 officer as the chief probation officer.
16-11 2. Under the general supervision of the juvenile court and
16-12 with the advice of the probation committee, the chief probation
16-13 officer shall:
16-14 (a) Organize, direct and develop the administrative work,
16-15 including, but not limited to, the social, financial and clerical
16-16 work, of the probation department and each local facility for the
16-17 detention of children; and
16-18 (b) Perform such other duties as the juvenile court directs.
16-19 Sec. 64. 1. Pursuant to the provisions of this section, the
16-20 juvenile court may demote or discharge any probation officer,
16-21 employee of the probation department or employee of a local
16-22 facility for the detention of children.
16-23 2. Before the juvenile court may demote or discharge a
16-24 probation officer or employee, the juvenile court shall provide to
16-25 the probation officer or employee:
16-26 (a) A written statement of the reasons for the demotion or
16-27 discharge; and
16-28 (b) An opportunity to be heard before the juvenile court
16-29 regarding the demotion or discharge.
16-30 Sec. 65. All information obtained in the discharge of an
16-31 official duty by an officer or employee of the juvenile court is
16-32 privileged and must not be disclosed other than to the juvenile
16-33 court or any person who is authorized to receive that information
16-34 pursuant to the provisions of this title, unless otherwise ordered by
16-35 the juvenile court.
16-36 Sec. 66. The provisions of sections 66 to 73, inclusive, of this
16-37 act apply to a judicial district which includes a county whose
16-38 population is 100,000 or more but less than 400,000.
16-39 Sec. 67. 1. By an order entered in the minutes, the juvenile
16-40 court shall:
16-41 (a) Appoint not less than five nor more than seven
16-42 representative citizens of good moral character to be known as the
16-43 committee for juvenile services; and
16-44 (b) If any member of the committee for juvenile services
16-45 vacates or is removed from his position before the end of his term,
17-1 appoint a person to fill the vacancy not later than 30 days after the
17-2 date on which the vacancy occurs.
17-3 2. The clerk of the court shall notify each person who is
17-4 appointed to the committee for juvenile services. The notice of
17-5 appointment must instruct the person to appear before the juvenile
17-6 court not later than 10 days after the date the notice is sent.
17-7 3. Each person who is appointed to the committee for juvenile
17-8 services shall:
17-9 (a) Appear before the juvenile court not later than the time
17-10 specified by the notice of appointment; and
17-11 (b) Qualify by taking an oath to perform faithfully the duties
17-12 of a member of the committee for juvenile services. The taking of
17-13 the oath must be entered in the records of the juvenile court.
17-14 4. Except as otherwise provided in this section, the juvenile
17-15 court shall appoint persons to the committee for juvenile services
17-16 for a term of 3 years.
17-17 5. If a person is appointed to fill a vacancy before the end of
17-18 a term, the juvenile court shall appoint the person for the
17-19 remainder of the unexpired term.
17-20 6. The juvenile court may at any time remove for cause any
17-21 member of the committee for juvenile services.
17-22 7. Any member who is absent from three consecutive
17-23 meetings of the committee for juvenile services without permission
17-24 of the chairman:
17-25 (a) Forfeits his office; and
17-26 (b) Must be replaced as provided in this section for the filling
17-27 of a vacancy before the end of a term.
17-28 8. Members of the committee for juvenile services shall:
17-29 (a) Serve without compensation; and
17-30 (b) Choose from among their members a chairman and a
17-31 secretary.
17-32 Sec. 68. 1. The committee for juvenile services shall:
17-33 (a) Advise the juvenile court upon its request.
17-34 (b) In conjunction with the director of juvenile services and
17-35 the chief probation officer, advise on any matter concerning the
17-36 control and management of any local facility for the detention of
17-37 children.
17-38 (c) Upon the request of the director of juvenile services,
17-39 investigate the facilities, resources and management of any person
17-40 or entity, other than a state agency, that applies to receive or
17-41 receives children under this title and report its findings,
17-42 conclusions and recommendations to the director of juvenile
17-43 services.
17-44 (d) Prepare an annual report of its activities, investigations,
17-45 findings and recommendations and file the annual report with the
18-1 juvenile court and with the clerk of the court as a public
18-2 document.
18-3 (e) Advise the director of juvenile services and make
18-4 recommendations concerning:
18-5 (1) The appointment of employees that the committee for
18-6 juvenile services deems necessary for the operation and
18-7 management of the department of juvenile services and each local
18-8 facility for the detention of children.
18-9 (2) The establishment of policies, procedures and standards
18-10 for the proper performance of the duties and responsibilities of
18-11 probation officers, the employees of the department of juvenile
18-12 services and the employees of each local facility for the detention
18-13 of children.
18-14 (f) Act as a hearing board pursuant to the provisions of section
18-15 72 of this act.
18-16 2. The committee for juvenile services may, if it deems
18-17 necessary or proper, investigate any local facility for the detention
18-18 of children and report its findings, conclusions and
18-19 recommendations to the director of juvenile services.
18-20 Sec. 69. 1. From a list of candidates recommended by the
18-21 committee for juvenile services, the juvenile court shall appoint a
18-22 director of juvenile services.
18-23 2. The director of juvenile services:
18-24 (a) Is directly responsible to the juvenile court and shall
18-25 administer the functions of the juvenile court.
18-26 (b) Shall coordinate the services of and serve as liaison
18-27 between the juvenile court and all agencies in the judicial district
18-28 dealing with children, including, but not limited to:
18-29 (1) The Division of Child and Family Services;
18-30 (2) The public schools of the judicial district;
18-31 (3) All law enforcement agencies of the judicial district;
18-32 (4) The committee for juvenile services of the judicial
18-33 district;
18-34 (5) The department of juvenile services of the judicial
18-35 district; and
18-36 (6) All local facilities for the detention of children within
18-37 the judicial district.
18-38 (c) May carry out preventive programs relating to juvenile
18-39 delinquency.
18-40 3. The director of juvenile services serves at the pleasure of
18-41 the juvenile court and is subject to removal or discharge by the
18-42 juvenile court. Before the juvenile court may remove or discharge
18-43 the director of juvenile services, the juvenile court shall provide to
18-44 the director:
18-45 (a) A written statement of the reasons for the removal or
18-46 discharge; and
19-1 (b) An opportunity to be heard before the juvenile court
19-2 regarding the removal or discharge.
19-3 4. The director of juvenile services is entitled to such staff or
19-4 employees to assist in the performance of the duties of the director
19-5 as is advised by the committee for juvenile services, approved by
19-6 the juvenile court, and consented to by the board or boards of
19-7 county commissioners.
19-8 5. With the advice of the committee for juvenile services and
19-9 the consent of the board or boards of county commissioners, the
19-10 juvenile court shall determine the salary of the director of juvenile
19-11 services.
19-12 Sec. 70. 1. With the advice of the committee for juvenile
19-13 services, the director of juvenile services shall appoint:
19-14 (a) One or more probation officers.
19-15 (b) Other employees as may be required to carry on the work
19-16 of the department of juvenile services and each local facility for
19-17 the detention of children.
19-18 2. The appointment of the probation officers, the employees
19-19 of the department of juvenile services and the employees of each
19-20 local facility for the detention of children must be made from lists
19-21 of eligible persons established through competitive examinations.
19-22 3. With the advice of the committee for juvenile services, the
19-23 director of juvenile services shall establish policies, procedures
19-24 and standards for the proper performance of the duties and
19-25 responsibilities of the probation officers, the employees of the
19-26 department of juvenile services and the employees of each local
19-27 facility for the detention of children.
19-28 4. With the advice of the committee for juvenile services,
19-29 approval of the juvenile court and consent of the board or boards
19-30 of county commissioners, the director of juvenile services shall
19-31 determine the salaries of the probation officers, the employees of
19-32 the department of juvenile services and the employees of each
19-33 local facility for the detention of children.
19-34 5. If the director of juvenile services serves two or more
19-35 counties, the director:
19-36 (a) May appoint the probation officers to serve the counties
19-37 jointly; and
19-38 (b) Shall allocate the salaries and expenses of the probation
19-39 officers between the counties.
19-40 Sec. 71. 1. The director of juvenile services shall appoint
19-41 one probation officer as the chief probation officer.
19-42 2. Under the general supervision of the director of juvenile
19-43 services and with the advice of the committee for juvenile services,
19-44 the chief probation officer shall:
19-45 (a) Organize, direct and develop the administrative work,
19-46 including, but not limited to, the social, financial and clerical
20-1 work, of the department of juvenile services and each local facility
20-2 for the detention of children; and
20-3 (b) Perform such other duties as the director of juvenile
20-4 services directs.
20-5 Sec. 72. 1. Pursuant to the provisions of this section, the
20-6 director of juvenile services may demote or dismiss, only for cause,
20-7 any probation officer, employee of the department of juvenile
20-8 services or employee of a local facility for the detention of
20-9 children.
20-10 2. Before the director of juvenile services may demote a
20-11 probation officer or employee, the director shall provide to the
20-12 probation officer or employee:
20-13 (a) A written statement of the reasons for the demotion; and
20-14 (b) An opportunity to be heard before the director regarding
20-15 the demotion.
20-16 3. Before the director of juvenile services may dismiss a
20-17 probation officer or employee with less than 12 months of service,
20-18 the director shall provide to the probation officer or employee:
20-19 (a) A written statement of the reasons for the dismissal; and
20-20 (b) An opportunity to be heard before the director regarding
20-21 the dismissal.
20-22 4. If a probation officer or employee with 12 months or more
20-23 of service is dismissed pursuant to this section:
20-24 (a) Not later than 15 days after his dismissal, the probation
20-25 officer or employee may request a written statement from the
20-26 director of juvenile services specifically setting forth the reasons
20-27 for the dismissal. The director shall provide the written statement
20-28 to the probation officer or employee not later than 15 days after
20-29 the date of the request.
20-30 (b) Not later than 30 days after receipt of the written statement
20-31 from the director, the probation officer or employee may make a
20-32 written request for a public hearing before the committee for
20-33 juvenile services. The committee for juvenile services shall adopt
20-34 rules for the conduct of such public hearings.
20-35 (c) The probation officer or employee may appeal the decision
20-36 of the committee for juvenile services to the board or boards of
20-37 county commissioners.
20-38 Sec. 73. All information obtained in the discharge of an
20-39 official duty by an officer or employee of the juvenile court is
20-40 privileged and must not be disclosed other than to the juvenile
20-41 court, the director of juvenile services or any person who is
20-42 authorized to receive that information pursuant to the provisions
20-43 of this title, unless otherwise ordered by the juvenile court or
20-44 permitted by the director.
20-45 Sec. 74. The provisions of sections 74 to 81, inclusive, of this
20-46 act apply to a judicial district which includes a county whose
21-1 population is 400,000 or more, if a department of juvenile justice
21-2 services has not been established by ordinance pursuant to
21-3 sections 82 to 87, inclusive, of this act.
21-4 Sec. 75. 1. By an order entered in the minutes, the juvenile
21-5 court shall:
21-6 (a) Appoint not less than five nor more than seven
21-7 representative citizens of good moral character to be known as the
21-8 probation committee; and
21-9 (b) If any member of the probation committee vacates or is
21-10 removed from his position before the end of his term, appoint a
21-11 person to fill the vacancy not later than 30 days after the date on
21-12 which the vacancy occurs.
21-13 2. The clerk of the court shall notify each person who is
21-14 appointed to the probation committee. The notice of appointment
21-15 must instruct the person to appear before the juvenile court not
21-16 later than 10 days after the date the notice is sent.
21-17 3. Each person who is appointed to the probation committee
21-18 shall:
21-19 (a) Appear before the juvenile court not later than the time
21-20 specified by the notice of appointment; and
21-21 (b) Qualify by taking an oath to perform faithfully the duties
21-22 of a member of the probation committee. The taking of the oath
21-23 must be entered in the records of the juvenile court.
21-24 4. Except as otherwise provided in this section, the juvenile
21-25 court shall appoint persons to the probation committee for the
21-26 following terms:
21-27 (a) For the initial terms of the members:
21-28 (1) One member must be appointed for a term of 1 year;
21-29 (2) Two members must be appointed for terms of 2 years;
21-30 and
21-31 (3) Two members must be appointed for terms of 3 years.
21-32 (b) For the terms following the initial terms, each member
21-33 must be appointed for a term of 3 years.
21-34 5. If a person is appointed to fill a vacancy before the end of
21-35 a term, the juvenile court shall appoint the person for the
21-36 remainder of the unexpired term.
21-37 6. The juvenile court may at any time remove for cause any
21-38 member of the probation committee.
21-39 7. Any member who is absent from three consecutive
21-40 meetings of the probation committee without permission of the
21-41 chairman:
21-42 (a) Forfeits his office; and
21-43 (b) Must be replaced as provided in this section for the filling
21-44 of a vacancy before the end of a term.
21-45 8. Members of the probation committee shall:
21-46 (a) Serve without compensation; and
22-1 (b) Choose from among their members a chairman and a
22-2 secretary.
22-3 Sec. 76. 1. The probation committee shall:
22-4 (a) Advise the juvenile court upon its request.
22-5 (b) In conjunction with the director of the department of
22-6 juvenile justice services and the chief probation officer, advise on
22-7 any matter concerning the control and management of any local
22-8 facility for the detention of children.
22-9 (c) Upon the request of the director of the department of
22-10 juvenile justice services, investigate the facilities, resources and
22-11 management of any person or entity, other than a state agency,
22-12 that applies to receive or receives children under this title and
22-13 report its findings, conclusions and recommendations to the
22-14 juvenile court.
22-15 (d) Prepare an annual report of its activities, investigations,
22-16 findings and recommendations and file the annual report with the
22-17 juvenile court and with the clerk of the court as a public
22-18 document.
22-19 (e) Advise the director of the department of juvenile justice
22-20 services and make recommendations concerning:
22-21 (1) The appointment of employees that the probation
22-22 committee deems necessary for the operation and management of
22-23 the probation department and each local facility for the detention
22-24 of children.
22-25 (2) The establishment of policies, procedures and standards
22-26 for the proper performance of the duties and responsibilities of
22-27 probation officers, the employees of the probation department and
22-28 the employees of each local facility for the detention of children.
22-29 (f) Act as a hearing board pursuant to the provisions of section
22-30 80 of this act.
22-31 2. The probation committee may, if it deems as proper or
22-32 necessary, investigate any local facility for the detention of
22-33 children and report its findings, conclusions and
22-34 recommendations to the juvenile court.
22-35 Sec. 77. 1. From a list of candidates recommended by the
22-36 probation committee, the juvenile court shall appoint a director of
22-37 the department of juvenile justice services.
22-38 2. The director of the department of juvenile justice services:
22-39 (a) Is directly responsible to the juvenile court and shall
22-40 administer the functions of the juvenile court.
22-41 (b) Shall coordinate the services of and serve as liaison
22-42 between the juvenile court and all agencies in the judicial district
22-43 dealing with children, including, but not limited to:
22-44 (1) The Division of Child and Family Services;
22-45 (2) The public schools of the judicial district;
22-46 (3) All law enforcement agencies of the judicial district;
23-1 (4) The probation committee; and
23-2 (5) All local facilities for the detention of children within
23-3 the judicial district.
23-4 (c) May carry out preventive programs relating to juvenile
23-5 delinquency.
23-6 3. The director of the department of juvenile justice services
23-7 serves at the pleasure of the juvenile court and is subject to
23-8 removal or discharge by the juvenile court. Before the juvenile
23-9 court may remove or discharge the director of the department of
23-10 juvenile justice services, the juvenile court shall provide to the
23-11 director:
23-12 (1) A written statement of the reasons for the removal or
23-13 discharge; and
23-14 (2) An opportunity to be heard before the juvenile court
23-15 regarding the removal or discharge.
23-16 4. The director of the department of juvenile justice services
23-17 is entitled to such staff or employees to assist in the performance
23-18 of the duties of the director as is advised by the probation
23-19 committee, approved by the juvenile court, and consented to by
23-20 the board or boards of county commissioners.
23-21 5. With the advice of the probation committee and the
23-22 consent of the board or boards of county commissioners of the
23-23 county or counties, the juvenile court shall determine the salary of
23-24 the director of the department of juvenile justice services.
23-25 Sec. 78. 1. With the advice of the probation committee, the
23-26 director of the department of juvenile justice services shall
23-27 appoint:
23-28 (a) One or more probation officers.
23-29 (b) Other employees as may be required to carry on the work
23-30 of the probation department and each local facility for the
23-31 detention of children.
23-32 2. The appointment of the probation officers, the employees
23-33 of the department of juvenile justice services and the employees of
23-34 each local facility for the detention of children must be made from
23-35 lists of eligible persons established through competitive
23-36 examinations.
23-37 3. With the advice of the probation committee, the director of
23-38 the department of juvenile justice services shall establish policies,
23-39 procedures and standards for the proper performance of the duties
23-40 and responsibilities of the probation officers, the employees of the
23-41 department of juvenile justice services and the employees of each
23-42 local facility for the detention of children.
23-43 4. With the advice of the probation committee, approval of the
23-44 juvenile court and consent of the board or boards of county
23-45 commissioners, the director of the department of juvenile justice
23-46 services shall determine the salaries of the probation officers, the
24-1 employees of the department of juvenile justice services and the
24-2 employees of each local facility for the detention of children.
24-3 5. If the director of the department of juvenile justice services
24-4 serves two or more counties, the director:
24-5 (a) May appoint the probation officers to serve the counties
24-6 jointly; and
24-7 (b) Shall allocate the salaries and expenses of the probation
24-8 officers between the counties.
24-9 Sec. 79. 1. The director of the department of juvenile
24-10 justice services shall appoint one probation officer as the chief
24-11 probation officer.
24-12 2. Under the general supervision of the director of the
24-13 department of juvenile justice services and with the advice of the
24-14 probation committee, the chief probation officer shall:
24-15 (a) Organize, direct and develop the administrative work,
24-16 including, but not limited to, the social, financial and clerical
24-17 work, of the department of juvenile justice services and each local
24-18 facility for the detention of children; and
24-19 (b) Perform such other duties as the director of the department
24-20 of juvenile justice services directs.
24-21 Sec. 80. 1. Pursuant to the provisions of this section, the
24-22 director of the department of juvenile justice services may demote
24-23 or dismiss, only for cause, any probation officer, employee of the
24-24 department of juvenile justice services or employee of a local
24-25 facility for the detention of children.
24-26 2. Before the director of the department of juvenile justice
24-27 services may demote a probation officer or employee, the director
24-28 shall provide to the probation officer or employee:
24-29 (a) A written statement of the reasons for the demotion; and
24-30 (b) An opportunity to be heard before the director regarding
24-31 the demotion.
24-32 3. Before the director of the department of juvenile justice
24-33 services may dismiss a probation officer or employee with less
24-34 than 12 months of service, the director shall provide to the
24-35 probation officer or employee:
24-36 (a) A written statement of the reasons for the dismissal; and
24-37 (b) An opportunity to be heard before the director regarding
24-38 the dismissal.
24-39 4. If a probation officer or employee with 12 months or more
24-40 of service is dismissed pursuant to this section:
24-41 (a) Not later than 15 days after his dismissal, the probation
24-42 officer or employee may request a written statement from the
24-43 director of the department of juvenile justice services specifically
24-44 setting forth the reasons for the dismissal. The director shall
24-45 provide the written statement to the probation officer or employee
24-46 not later than 15 days after the date of the request.
25-1 (b) Not later than 30 days after receipt of the written statement
25-2 from the director, the probation officer or employee may make a
25-3 written request for a public hearing before the probation
25-4 committee. The probation committee shall adopt rules for the
25-5 conduct of such public hearings.
25-6 (c) The probation officer or employee may appeal the decision
25-7 of the probation committee to the board or boards of county
25-8 commissioners.
25-9 Sec. 81. All information obtained in the discharge of an
25-10 official duty by an officer or employee of the juvenile court is
25-11 privileged and must not be disclosed other than to the juvenile
25-12 court, the director of the department of juvenile justice services or
25-13 any person who is authorized to receive that information pursuant
25-14 to the provisions of this title, unless otherwise ordered by the
25-15 juvenile court or permitted by the director.
25-16 Sec. 82. 1. The provisions of sections 82 to 87, inclusive, of
25-17 this act apply only to a county:
25-18 (a) Whose population is 400,000 or more; and
25-19 (b) Which constitutes a judicial district.
25-20 2. If a department of juvenile justice services has been
25-21 established by ordinance in a judicial district pursuant to sections
25-22 82 to 87, inclusive, of this act, the provisions of sections 74 to 81,
25-23 inclusive, of this act do not apply to that judicial district for the
25-24 period the ordinance is in effect.
25-25 Sec. 83. 1. The board of county commissioners may
25-26 establish by ordinance a department of juvenile justice services.
25-27 2. The department of juvenile justice services:
25-28 (a) Shall administer the provisions of services relating to the
25-29 delinquency and the abuse and neglect of children with respect to
25-30 matters arising pursuant to the provisions of this title; and
25-31 (b) May carry out programs relating to the prevention of
25-32 juvenile delinquency.
25-33 3. The board of county commissioners may appoint a director
25-34 of the department of juvenile justice services. The director serves
25-35 at the pleasure of the board.
25-36 Sec. 84. 1. The board of county commissioners may provide
25-37 for the appointment of:
25-38 (a) One or more probation officers;
25-39 (b) One or more assistant probation officers; and
25-40 (c) Other employees as may be necessary to carry out the
25-41 duties of the department of juvenile justice services.
25-42 2. Probation officers, assistant probation officers and other
25-43 employees authorized pursuant to this section are:
25-44 (a) Employees of the county who are subject to the
25-45 provisions of the merit personnel system unless exempt pursuant
25-46 to NRS 245.216; and
26-1 (b) Local government employees for the purposes of chapter
26-2 288 of NRS.
26-3 3. Probation officers, assistant probation officers and other
26-4 employees hired before the effective date of the ordinance
26-5 establishing the department of juvenile justice services may be
26-6 dismissed only for cause.
26-7 4. All information obtained in the discharge of an official
26-8 duty by a probation officer, assistant probation officer or other
26-9 employee of the department of juvenile justice services is
26-10 privileged and must not be disclosed other than to the juvenile
26-11 court, the director of the department of juvenile justice services or
26-12 any person who is authorized to receive that information pursuant
26-13 to the provisions of this title, unless otherwise ordered by the
26-14 juvenile court or permitted by the director.
26-15 Sec. 85. 1. The board of county commissioners of a county
26-16 which establishes a department of juvenile justice services shall
26-17 establish by ordinance a joint board consisting of five members.
26-18 2. The joint board consists of:
26-19 (a) Three representatives of the district judges designated by
26-20 the judges of the judicial district from among their members; and
26-21 (b) Two representatives of the board of county commissioners
26-22 designated by the board from among its members.
26-23 3. The duties of the joint board must include, but are not
26-24 limited to:
26-25 (a) Acting as a liaison between the board of county
26-26 commissioners and the district court; and
26-27 (b) Making recommendations to the board of county
26-28 commissioners concerning the facilities, resources, operation and
26-29 management of the department of juvenile justice services.
26-30 4. The district judges serving as members of the joint board
26-31 may withdraw from participating in the board by giving written
26-32 notice of their intent to withdraw to the board of county
26-33 commissioners.
26-34 Sec. 86. 1. The board of county commissioners of a county
26-35 which establishes a department of juvenile justice services shall
26-36 establish by ordinance a citizen’s advisory committee to advise the
26-37 joint board established pursuant to section 85 of this act.
26-38 2. The ordinance establishing the citizen’s advisory
26-39 committee must include:
26-40 (a) The name of the committee;
26-41 (b) The number of members of the committee;
26-42 (c) The terms of the members; and
26-43 (d) The duties of the committee.
26-44 3. The citizen’s advisory committee may offer the opinions
26-45 and recommendations of the residents of the county and give
26-46 advice and make recommendations to the joint board concerning
27-1 the facilities, services and resources provided by the department of
27-2 juvenile justice services.
27-3 Sec. 87. The ordinances establishing the department of
27-4 juvenile justice services, the joint board and the citizen’s advisory
27-5 committee shall be deemed repealed 6 months after the effective
27-6 date of the notice, unless an earlier date is prescribed by the board
27-7 of county commissioners.
27-8 Sec. 88. 1. A program of sports or physical fitness and a
27-9 program for the arts:
27-10 (a) May be publicly or privately operated; and
27-11 (b) Must be adequately supervised.
27-12 2. A program for the arts may include, but is not limited to:
27-13 (a) Drawing, painting, photography or other visual arts;
27-14 (b) Writing;
27-15 (c) Musical, dance or theatrical performance; and
27-16 (d) Any other structured activity that involves creative or
27-17 artistic expression.
27-18 Sec. 89. 1. A program of cognitive training and human
27-19 development must include, but is not limited to, education,
27-20 instruction or guidance in one or more of the following subjects,
27-21 as deemed appropriate by the juvenile court:
27-22 (a) Motivation.
27-23 (b) Habits, attitudes and conditioning.
27-24 (c) Self-conditioning processes.
27-25 (d) Developing a successful way of life.
27-26 (e) The process of solving problems.
27-27 (f) Emotions and emotional blocks.
27-28 (g) Assurances and demonstrative maturity.
27-29 (h) Family success.
27-30 (i) Family relationships.
27-31 (j) Interfamilial understanding and communications.
27-32 (k) Financial stability.
27-33 (l) Effective communications.
27-34 (m) Conflict resolution.
27-35 (n) Anger management.
27-36 (o) Obtaining and retaining employment.
27-37 2. A director of juvenile services may contract with persons
27-38 and public or private entities that are qualified to operate or to
27-39 participate in a program of cognitive training and human
27-40 development.
27-41 3. A director of juvenile services may designate a person to
27-42 carry out the provisions of this section.
27-43 Sec. 90. 1. To finance a program of cognitive training and
27-44 human development established pursuant to section 89 of this act,
27-45 a director of juvenile services may establish, with the county
28-1 treasurer as custodian, a special fund to be known as the cognitive
28-2 training and human development fund.
28-3 2. A director of juvenile services may apply for and accept
28-4 grants, gifts, donations, bequests or devises which the director
28-5 shall deposit with the county treasurer for credit to the fund.
28-6 3. The fund must be a separate and continuing fund, and no
28-7 money in the fund reverts to the general fund of the county at any
28-8 time. The interest earned on the money in the fund, after
28-9 deducting any applicable charges, must be credited to the fund.
28-10 4. A director of juvenile services shall:
28-11 (a) Expend money from the fund only to finance a program of
28-12 cognitive training and human development; and
28-13 (b) If the source of the money is a grant, gift, donation,
28-14 bequest or devise, expend the money, to the extent permitted by
28-15 law, in accordance with the terms of the grant, gift, donation,
28-16 bequest or devise.
28-17 5. A director of juvenile services must authorize any
28-18 expenditure from the fund before it is made.
28-19 Sec. 91. 1. A director of juvenile services may establish a
28-20 program of restitution through work. A program of restitution
28-21 through work must:
28-22 (a) Include, but is not limited to, instruction in skills for
28-23 employment and work ethics; and
28-24 (b) Require a child who participates in the program to:
28-25 (1) With the assistance of the program and if practicable,
28-26 seek and obtain a position of employment with a public or private
28-27 employer; and
28-28 (2) Sign an authorization form that permits money to be
28-29 deducted from the wages of the child to pay restitution. The
28-30 director of juvenile services may prescribe the contents of
28-31 the authorization form and may determine the amount of money to
28-32 be deducted from the wages of the child to pay restitution, but the
28-33 director shall not require that more than 50 percent of the wages
28-34 of the child be deducted to pay restitution.
28-35 2. A program of restitution through work may include, but is
28-36 not limited to, cooperative agreements with public or private
28-37 employers to make available positions of employment for a child
28-38 who participates in the program.
28-39 3. A director of juvenile services may terminate participation
28-40 by a child in a program of restitution through work for any lawful
28-41 reason or purpose.
28-42 4. A director of juvenile services may contract with persons
28-43 and public or private entities that are qualified to operate or to
28-44 participate in a program of restitution through work.
28-45 5. A director of juvenile services may designate a person to
28-46 carry out the provisions of this section.
29-1 6. The provisions of this section do not:
29-2 (a) Create a right on behalf of a child to participate in a
29-3 program of restitution through work or to hold a position of
29-4 employment; or
29-5 (b) Establish a basis for any cause of action against the State
29-6 of Nevada or its officers or employees for denial of the ability to
29-7 participate in or for removal from a program of restitution
29-8 through work or for denial of or removal from a position of
29-9 employment.
29-10 Sec. 92. 1. To finance a program of restitution through
29-11 work, a director of juvenile services may establish, with the county
29-12 treasurer as custodian, a special fund to be known as the
29-13 restitution through work fund.
29-14 2. A director of juvenile services may apply for and accept
29-15 grants, gifts, donations, bequests or devises which the director
29-16 shall deposit with the county treasurer for credit to the fund.
29-17 3. The fund must be a separate and continuing fund, and no
29-18 money in the fund reverts to the general fund of the county at any
29-19 time. The interest earned on the money in the fund, after
29-20 deducting any applicable charges, must be credited to the fund.
29-21 4. A director of juvenile services shall:
29-22 (a) Expend money from the fund only to finance a program of
29-23 restitution through work; and
29-24 (b) If the source of the money is a grant, gift, donation,
29-25 bequest or devise, expend the money, to the extent permitted by
29-26 law, in accordance with the terms of the grant, gift, donation,
29-27 bequest or devise.
29-28 5. A director of juvenile services must authorize any
29-29 expenditure from the fund before it is made.
29-30 Sec. 93. 1. If the juvenile court orders a child or the parent
29-31 or guardian of the child, or both, to perform community service
29-32 pursuant to the provisions of this title, the child or parent or
29-33 guardian of the child, or both, must perform the community
29-34 service for and under the supervising authority of a county, city,
29-35 town or other political subdivision or agency of the State of
29-36 Nevada or a charitable organization that renders service to the
29-37 community or its residents, including, but not limited to:
29-38 (a) A public organization that works on public projects;
29-39 (b) A public agency that works on projects to eradicate graffiti;
29-40 or
29-41 (c) A private nonprofit organization that performs other
29-42 community service.
29-43 2. The person or entity who supervises the community service
29-44 shall make such reports to the juvenile court as the juvenile court
29-45 may require.
30-1 Sec. 94. 1. Except as otherwise provided in this section, if a
30-2 child is required to perform any work or community service
30-3 pursuant to the provisions of this title, the supervising entity shall
30-4 not allow the child to perform the work or community service on
30-5 or near a highway or in any other dangerous situation.
30-6 2. A supervising entity may allow a child to perform work or
30-7 community service on or near a controlled-access highway if:
30-8 (a) The child is not required to perform any work or service in
30-9 the median of the highway;
30-10 (b) The work or service is performed behind a guardrail or
30-11 other safety barrier;
30-12 (c) Appropriate warning signs are placed on the highway at
30-13 least 100 yards in front of the location where the child is working
30-14 from both directions, as appropriate based on the speed of the
30-15 vehicles traveling on the highway;
30-16 (d) A vehicle with an amber light placed on top of the vehicle
30-17 is placed at the site in a manner which shields the child from
30-18 traffic;
30-19 (e) The child is required to wear a reflective vest and an
30-20 orange hat;
30-21 (f) The supervising entity obtains written permission from the
30-22 parent or guardian of the child; and
30-23 (g) The supervising entity obtains written permission from and
30-24 complies with all safety rules of the governmental entity with
30-25 authority over the controlled-access highway.
30-26 3. A supervising entity may allow a child to perform work or
30-27 community service on or near a highway that does not have
30-28 controlled access if:
30-29 (a) The child is not required to perform any work or service in
30-30 the median of the highway;
30-31 (b) Appropriate warning signs are placed at least 100 yards in
30-32 front of the location where the child is working from both
30-33 directions, as appropriate based on the speed of the vehicles
30-34 traveling on the highway;
30-35 (c) A vehicle with an amber light placed on top of the vehicle is
30-36 placed at the site in a manner which shields the child from traffic;
30-37 (d) The child is required to wear a reflective vest and an
30-38 orange hat;
30-39 (e) The supervising entity obtains written permission from the
30-40 parent or guardian of the child; and
30-41 (f) The supervising entity obtains written permission from and
30-42 complies with all safety rules of the governmental entity with
30-43 authority over the highway.
30-44 4. Upon the request of the parent or guardian of the child
30-45 who is assigned to perform work or community service on or near
30-46 a highway pursuant to subsection 2 or 3, the supervising entity
31-1 shall make available to the parent or guardian information
31-2 regarding the nature of the work or community service to be
31-3 performed by the child and the specific location at which the work
31-4 or community service is to be performed.
31-5 5. As used in this section:
31-6 (a) “Controlled-access highway” means every highway to or
31-7 from which owners or occupants of abutting lands and other
31-8 persons have no legal right of access except at such points only
31-9 and in such manner as may be determined by a public authority.
31-10 (b) “Other dangerous situation” means any situation that
31-11 poses a reasonably foreseeable risk that serious bodily harm or
31-12 injury to a child could occur.
31-13 (c) “Supervising entity” means a person or entity that is
31-14 responsible for supervising children who are ordered to perform
31-15 work or community service pursuant to the provisions of this title.
31-16 Sec. 95. Title 5 of NRS is hereby amended by adding thereto a
31-17 new chapter to consist of the provisions set forth as sections 96 to
31-18 132, inclusive, of this act.
31-19 Sec. 96. 1. If a child is alleged to be delinquent or in need
31-20 of supervision, the juvenile court shall advise the child and the
31-21 parent or guardian of the child that the child is entitled to be
31-22 represented by an attorney at all stages of the proceedings.
31-23 2. If a parent or guardian of a child is indigent, the parent or
31-24 guardian may request the appointment of an attorney to represent
31-25 the child pursuant to the provisions in NRS 171.188.
31-26 3. Except as otherwise provided in this section, the juvenile
31-27 court shall appoint an attorney for a child if the parent or
31-28 guardian of the child does not retain an attorney for the child and
31-29 is not likely to retain an attorney for the child.
31-30 4. A child may waive the right to be represented by an
31-31 attorney if:
31-32 (a) A petition is not filed and the child is placed under
31-33 informal supervision pursuant to section 103 of this act; or
31-34 (b) A petition is filed and the record of the juvenile court
31-35 shows that the waiver of the right to be represented by an attorney
31-36 is made knowingly, intelligently, voluntarily and in accordance
31-37 with any applicable standards established by the juvenile court.
31-38 5. Except as otherwise provided in NRS 424.085, if the
31-39 juvenile court appoints an attorney to represent a child and:
31-40 (a) The parent or guardian of the child is not indigent, the
31-41 parent or guardian shall pay the reasonable fees and expenses of
31-42 the attorney.
31-43 (b) The parent or guardian of the child is indigent, the juvenile
31-44 court may order the parent or guardian to reimburse the county or
31-45 State in accordance with the ability of the parent or guardian to
31-46 pay.
32-1 6. A parent or guardian of a child who is alleged to be
32-2 delinquent or in need of supervision may be represented by an
32-3 attorney at all stages of the proceedings. The juvenile court may
32-4 not appoint an attorney for a parent or guardian, unless the
32-5 juvenile court:
32-6 (a) Finds that such an appointment is required in the interests
32-7 of justice; and
32-8 (b) Specifies in the record the reasons for the appointment.
32-9 7. Each attorney, other than a public defender, who is
32-10 appointed under the provisions of this section is entitled to the
32-11 same compensation and expenses from the county as is provided
32-12 in NRS 7.125 and 7.135 for attorneys appointed to represent
32-13 persons charged with criminal offenses.
32-14 Sec. 97. 1. A clerk of the court may allow any of the
32-15 following documents to be filed electronically:
32-16 (a) A petition prepared and signed by the district attorney
32-17 pursuant to section 99 or 100 of this act.
32-18 (b) A document relating to proceedings conducted pursuant to
32-19 sections 118 to 129, inclusive, of this act.
32-20 (c) A study and report prepared pursuant to section 141 of this
32-21 act.
32-22 2. Any document that is filed electronically pursuant to this
32-23 section must contain an image of the signature of the person who
32-24 is filing the document.
32-25 Sec. 98. In proceedings conducted pursuant to the provisions
32-26 of this title:
32-27 1. A party to a petition must not be charged any court fees or
32-28 witness fees.
32-29 2. A salaried officer of this state or of any political
32-30 subdivision of this state is not entitled to receive any fee for the
32-31 officer’s services or attendance in the juvenile court.
32-32 3. Any other person acting under orders of the juvenile court
32-33 may receive a fee for service of process, for serving as a witness or
32-34 for his services and attendance in juvenile court. The fee must be
32-35 paid:
32-36 (a) In an amount as provided by law for like services in cases
32-37 before the district court; and
32-38 (b) By the county, after the juvenile court has certified the
32-39 amount to be paid.
32-40 Sec. 99. 1. When a complaint is made alleging that a child
32-41 is delinquent or in need of supervision:
32-42 (a) The complaint must be referred to a probation officer of
32-43 the appropriate county; and
32-44 (b) The probation officer shall conduct a preliminary inquiry
32-45 to determine whether the best interests of the child or of the
32-46 public:
33-1 (1) Require that a petition be filed; or
33-2 (2) Would better be served by placing the child under
33-3 informal supervision pursuant to section 103 of this act.
33-4 2. If, after conducting the preliminary inquiry, the probation
33-5 officer recommends the filing of a petition, the district attorney
33-6 shall determine whether to file the petition.
33-7 3. If, after conducting the preliminary inquiry, the probation
33-8 officer does not recommend the filing of a petition or that the child
33-9 be placed under informal supervision, the probation officer must
33-10 notify the complainant regarding the complainant’s right to seek a
33-11 review of the complaint by the district attorney.
33-12 4. If the complainant seeks a review of the complaint by the
33-13 district attorney, the district attorney shall:
33-14 (a) Review the facts presented by the complainant;
33-15 (b) Consult with the probation officer; and
33-16 (c) File the petition with the juvenile court if the district
33-17 attorney believes that the filing of the petition is necessary to
33-18 protect the interests of the child or of the public.
33-19 5. The determination of the district attorney concerning
33-20 whether to file the petition is final.
33-21 6. Except as otherwise provided in section 116 of this act, if a
33-22 child is in detention or shelter care, the child must be released
33-23 immediately if a petition alleging that the child is delinquent or in
33-24 need of supervision is not:
33-25 (a) Approved by the district attorney; or
33-26 (b) Filed within 8 days after the date the complaint was
33-27 referred to the probation officer.
33-28 Sec. 100. 1. Before a petition alleging delinquency or need
33-29 of supervision or a petition for revocation may be filed with the
33-30 juvenile court, the district attorney must prepare and sign the
33-31 petition. The district attorney shall represent the petitioner in all
33-32 proceedings.
33-33 2. The petition must be:
33-34 (a) Entitled, “In the Matter of ................, a child”; and
33-35 (b) Verified by the person who signs it.
33-36 3. The petition must set forth specifically:
33-37 (a) The facts which bring the child within the jurisdiction of
33-38 the juvenile court and the date when delinquency occurred or need
33-39 of supervision arose.
33-40 (b) The name, date of birth and address of the residence of the
33-41 child.
33-42 (c) The name and address of the residence of the parent or
33-43 guardian of the child. If the parent or guardian of the child does
33-44 not reside or cannot be found within this state, or if the address of
33-45 the parent or guardian is unknown:
34-1 (1) The name of any known adult relative residing within
34-2 this state; or
34-3 (2) If no known adult relative resides within this state, the
34-4 known adult relative residing nearest to the juvenile court.
34-5 (d) The name and address of the spouse of the child, if any.
34-6 (e) Whether the child is in custody and, if so, the place of
34-7 detention and the time the child was taken into custody.
34-8 4. If any of the facts required by subsection 3 are not known,
34-9 the petition must so state.
34-10 Sec. 101. 1. In addition to the information required
34-11 pursuant to section 100 of this act, a petition alleging that a child
34-12 is in need of supervision must contain the following information
34-13 regarding efforts made to modify the behavior of the child:
34-14 (a) A list of the local programs to which the child was referred;
34-15 and
34-16 (b) Other efforts taken in the community.
34-17 2. If a petition is filed alleging that a child is in need of
34-18 supervision and the child previously has not been found to be
34-19 within the purview of this title, the juvenile court:
34-20 (a) Shall admonish the child to obey the law and to refrain
34-21 from repeating the acts for which the petition was filed;
34-22 (b) Shall maintain a record of the admonition;
34-23 (c) Shall refer the child to services available in the community
34-24 for counseling, behavioral modification and social adjustment;
34-25 and
34-26 (d) Shall not adjudicate the child to be in need of supervision,
34-27 unless a subsequent petition based upon additional facts is filed
34-28 with the juvenile court after admonition and referral pursuant to
34-29 this subsection.
34-30 3. If a child is not subject to the provisions of subsection 2,
34-31 the juvenile court may not adjudicate the child to be in need of
34-32 supervision unless the juvenile court expressly finds that
34-33 reasonable efforts were taken in the community to assist the child
34-34 in ceasing the behavior for which the child is alleged to be in need
34-35 of supervision.
34-36 4. The provisions of this section do not apply to a child who is
34-37 alleged to be in need of supervision because the child is a habitual
34-38 truant.
34-39 Sec. 102. 1. If a petition filed pursuant to the provisions of
34-40 this title contains allegations that a child committed an unlawful
34-41 act which would have been a sexual offense if committed by an
34-42 adult or which involved the use or threatened use of force or
34-43 violence against the victim, the district attorney shall provide to
34-44 the victim and, if the victim is less than 18 years of age, to the
34-45 parent or guardian of the victim, as soon as practicable after the
34-46 petition is filed, documentation that includes:
35-1 (a) A form advising the victim and the parent or guardian of
35-2 the victim of their rights pursuant to the provisions of this title;
35-3 and
35-4 (b) The form or procedure that must be used to request
35-5 disclosure pursuant to section 127 of this act.
35-6 2. As used in this section, “sexual offense” means:
35-7 (a) Sexual assault pursuant to NRS 200.366;
35-8 (b) Battery with intent to commit sexual assault pursuant to
35-9 NRS 200.400;
35-10 (c) An offense involving pornography and a minor pursuant to
35-11 NRS 200.710 to 200.730, inclusive;
35-12 (d) Open or gross lewdness pursuant to NRS 201.210;
35-13 (e) Indecent or obscene exposure pursuant to NRS 201.220;
35-14 (f) Lewdness with a child pursuant to NRS 201.230;
35-15 (g) Sexual penetration of a dead human body pursuant to
35-16 NRS 201.450;
35-17 (h) Annoyance or molestation of a minor pursuant to
35-18 NRS 207.260; or
35-19 (i) An attempt to commit an offense listed in this subsection.
35-20 Sec. 103. 1. When a complaint is made alleging that a child
35-21 is delinquent or in need of supervision, the child may be placed
35-22 under the informal supervision of a probation officer if:
35-23 (a) The child voluntarily admits participation in the acts
35-24 alleged in the complaint; and
35-25 (b) The district attorney gives written approval for placement
35-26 of the child under informal supervision, if any of the acts alleged
35-27 in the complaint are unlawful acts that would have constituted a
35-28 gross misdemeanor or felony if committed by an adult.
35-29 2. If the probation officer recommends placing the child
35-30 under informal supervision, the probation officer must advise the
35-31 child and the parent or guardian of the child that they may refuse
35-32 informal supervision.
35-33 3. The child must enter into an agreement for informal
35-34 supervision voluntarily and intelligently:
35-35 (a) With the advice of the attorney for the child; or
35-36 (b) If the child is not represented by an attorney, with the
35-37 consent of the parent or guardian of the child.
35-38 4. If the child is placed under informal supervision:
35-39 (a) The terms and conditions of the agreement for informal
35-40 supervision must be stated clearly in writing. The terms and
35-41 conditions of the agreement may include, but are not limited to,
35-42 the requirements set forth in section 104 of this act.
35-43 (b) The agreement must be signed by all parties.
35-44 (c) A copy of the agreement must be given to:
35-45 (1) The child;
35-46 (2) The parent or guardian of the child;
36-1 (3) The attorney for the child, if any; and
36-2 (4) The probation officer, who shall retain a copy in his file
36-3 for the case.
36-4 5. The period of informal supervision must not exceed 180
36-5 days. The child and the parent or guardian of the child may
36-6 terminate the agreement at any time by requesting the filing of a
36-7 petition for formal adjudication.
36-8 6. The district attorney may not file a petition against the
36-9 child based on any acts for which the child was placed under
36-10 informal supervision unless the district attorney files the petition
36-11 not later than 180 days after the date the child entered into the
36-12 agreement for informal supervision. If the district attorney files a
36-13 petition against the child within that period, the child may
36-14 withdraw the admission that the child made pursuant to
36-15 subsection 1.
36-16 7. If the child successfully completes the terms and conditions
36-17 of the agreement for informal supervision, the juvenile court may
36-18 dismiss any petition filed against the child that is based on any
36-19 acts for which the child was placed under informal supervision.
36-20 Sec. 104. 1. An agreement for informal supervision may
36-21 require the child to:
36-22 (a) Perform community service or provide restitution to any
36-23 victim of the acts for which the child was referred to the probation
36-24 officer;
36-25 (b) Participate in a program of restitution through work that is
36-26 established pursuant to section 91 of this act if the child:
36-27 (1) Is 14 years of age or older;
36-28 (2) Has never been found to be within the purview of this
36-29 title for an unlawful act that involved the use or threatened use of
36-30 force or violence against a victim and has never been found to
36-31 have committed such an unlawful act in any other jurisdiction;
36-32 (3) Is required to provide restitution to a victim; and
36-33 (4) Voluntarily agrees to participate in the program of
36-34 restitution through work.
36-35 (c) Complete a program of cognitive training and human
36-36 development pursuant to section 89 of this act if:
36-37 (1) The child has never been found to be within the purview
36-38 of this title; and
36-39 (2) The unlawful act for which the child is found to be
36-40 within the purview of this title did not involve the use or
36-41 threatened use of force or violence against a victim; or
36-42 (d) Engage in any combination of the activities set forth in this
36-43 subsection.
36-44 2. If the agreement for informal supervision requires the
36-45 child to participate in a program of restitution through work or
36-46 complete a program of cognitive training and human
37-1 development, the agreement may also require any or all of the
37-2 following, in the following order of priority if practicable:
37-3 (a) The child or the parent or guardian of the child, or both, to
37-4 the extent of their financial ability, to pay the costs associated with
37-5 the participation of the child in the program, including, but not
37-6 limited to:
37-7 (1) A reasonable sum of money to pay for the cost of
37-8 policies of insurance against liability for personal injury and
37-9 damage to property during those periods in which the child
37-10 participates in the program or performs work; and
37-11 (2) In the case of a program of restitution through work,
37-12 for industrial insurance, unless the industrial insurance is
37-13 provided by the employer for which the child performs the work;
37-14 or
37-15 (b) The child to work on projects or perform community
37-16 service for a period that reflects the costs associated with the
37-17 participation of the child in the program.
37-18 Sec. 105. Upon the request of the juvenile court, a probation
37-19 officer shall file with the juvenile court a report of:
37-20 1. The number of children placed under informal supervision
37-21 during the previous year;
37-22 2. The conditions imposed in each case; and
37-23 3. The number of cases that were successfully completed
37-24 without the filing of a petition.
37-25 Sec. 106. 1. If the district attorney files a petition with the
37-26 juvenile court, the juvenile court may:
37-27 (a) Dismiss the petition without prejudice and refer the child to
37-28 the probation officer for informal supervision pursuant to section
37-29 103 of this act; or
37-30 (b) Place the child under the supervision of the juvenile court
37-31 pursuant to a supervision and consent decree, without a formal
37-32 adjudication of delinquency, if the juvenile court receives:
37-33 (1) The recommendation of the probation officer;
37-34 (2) The written approval of the district attorney; and
37-35 (3) The written consent and approval of the child and the
37-36 parent or guardian of the child.
37-37 2. If a child is placed under the supervision of the juvenile
37-38 court pursuant to a supervision and consent decree, the juvenile
37-39 court may dismiss the petition if the child successfully completes
37-40 the terms and conditions of the supervision and consent decree.
37-41 3. If the petition is dismissed:
37-42 (a) The child may respond to any inquiry concerning the
37-43 proceedings and events which brought about the proceedings as if
37-44 they had not occurred; and
38-1 (b) The records concerning a supervision and consent decree
38-2 may be considered in a subsequent proceeding before the juvenile
38-3 court regarding that child.
38-4 Sec. 107. 1. After a petition has been filed and after such
38-5 further investigation as the juvenile court may direct, the juvenile
38-6 court shall direct the clerk of the court to issue a summons that:
38-7 (a) Requires the person who has care and custody of the child
38-8 to:
38-9 (1) Appear personally; and
38-10 (2) Bring the child before the juvenile court at the time and
38-11 place stated in the summons;
38-12 (b) Informs the person who has care and custody of the child
38-13 of the child’s right to be represented by an attorney at the initial
38-14 hearing, as provided in section 96 of this act; and
38-15 (c) Has a copy of the petition attached.
38-16 2. If the person summoned pursuant to subsection 1 is not the
38-17 parent or guardian of the child, the clerk of the court must notify
38-18 the parent or guardian by a similar summons of:
38-19 (a) The pendency of the case; and
38-20 (b) The time and place for the proceeding involving the child.
38-21 3. The juvenile court may direct the clerk of the court to issue
38-22 a summons requiring the appearance of any other person whose
38-23 presence at the proceeding is necessary, as determined by the
38-24 juvenile court.
38-25 4. The clerk of the court is not required to issue a summons if
38-26 the person to be summoned voluntarily appears.
38-27 5. If, based on the condition or surroundings of the child, the
38-28 juvenile court determines that it is in the best interests of the child
38-29 or the public to require the appropriate agency of the judicial
38-30 district or the Division of Child and Family Services to assume
38-31 care and custody of the child, the juvenile court may order, by
38-32 endorsement upon the summons, that the person serving the
38-33 summons deliver the child to a probation officer for placement
38-34 with a suitable person or in an appropriate facility where the child
38-35 must remain until further order of the juvenile court.
38-36 Sec. 108. 1. Except as otherwise provided in this section, a
38-37 summons must be served personally by the delivery of a true copy
38-38 to the person summoned.
38-39 2. If the juvenile court determines that it is impracticable to
38-40 serve a summons personally, the juvenile court may order the
38-41 summons to be served by:
38-42 (a) Registered mail or certified mail addressed to the last
38-43 known address; or
38-44 (b) Publication,
38-45 or both.
39-1 3. The service of a summons is sufficient to confer
39-2 jurisdiction if the summons is served at least 48 hours before the
39-3 time fixed in the summons for its return.
39-4 4. Any person over 18 years of age may serve any summons,
39-5 process or notice required by the provisions of this title.
39-6 5. The county shall pay all necessary expenses for the service
39-7 of any summons, process or notice required by the provisions of
39-8 this title.
39-9 Sec. 109. 1. The juvenile court may issue a writ for the
39-10 attachment of a child or the parent or guardian of the child, or
39-11 both, and command a probation officer or peace officer to bring
39-12 before the juvenile court, at the time and place stated, the person
39-13 or persons named in the writ if:
39-14 (a) A summons cannot be served;
39-15 (b) The person or persons served fail to obey the summons; or
39-16 (c) The juvenile court determines that:
39-17 (1) The service will be ineffectual; or
39-18 (2) The welfare of the child requires that the child be
39-19 brought immediately into the custody of the juvenile court.
39-20 2. A person who violates a writ or any order of the juvenile
39-21 court issued pursuant to this section may be punished for
39-22 contempt.
39-23 Sec. 110. 1. If a child commits a criminal offense in this
39-24 state and the child flees to another state, the Governor shall
39-25 request extradition of the child from the other state to this state
39-26 according to the other state’s procedure for the extradition of
39-27 adults.
39-28 2. If a child commits a criminal offense in another state and
39-29 the child flees to this state, the child may be extradited to the other
39-30 state in accordance with the provisions of NRS 179.177 to
39-31 179.235, inclusive, except that while the child is awaiting
39-32 extradition, the child must be detained in a facility for the
39-33 detention of children if space is available.
39-34 Sec. 111. Except as otherwise provided in this title and
39-35 NRS 484.383:
39-36 1. A peace officer or probation officer may take into custody
39-37 any child:
39-38 (a) Who the officer has probable cause to believe is violating
39-39 or has violated any state or local law, ordinance, or rule or
39-40 regulation having the force of law; or
39-41 (b) Whose conduct indicates that the child is in need of
39-42 supervision.
39-43 2. If a child is taken into custody:
39-44 (a) The officer shall, without undue delay, attempt to notify, if
39-45 known, the parent or guardian of the child;
40-1 (b) The facility in which the child is detained shall, without
40-2 undue delay:
40-3 (1) Notify a probation officer; and
40-4 (2) Attempt to notify, if known, the parent or guardian of
40-5 the child if such notification was not accomplished pursuant to
40-6 paragraph (a); and
40-7 (c) Unless it is impracticable or inadvisable or has been
40-8 otherwise ordered by the juvenile court, the child must be released
40-9 to the custody of a parent or guardian or another responsible adult
40-10 who has signed a written agreement to bring the child before the
40-11 juvenile court at a time stated in the agreement or as the juvenile
40-12 court may direct. The written agreement must be submitted to the
40-13 juvenile court as soon as possible. If the person fails to produce
40-14 the child at the time stated in the agreement or upon a summons
40-15 from the juvenile court, a writ may be issued for the attachment of
40-16 the person or of the child requiring that the person or child, or
40-17 both, be brought before the juvenile court at a time stated in the
40-18 writ.
40-19 3. If a child who is taken into custody is not released
40-20 pursuant to subsection 2:
40-21 (a) The child must be taken without unnecessary delay to:
40-22 (1) The juvenile court; or
40-23 (2) The place of detention designated by the juvenile court
40-24 and, as soon as possible thereafter, the fact of detention must be
40-25 reported to the juvenile court; and
40-26 (b) Pending further disposition of the case, the juvenile court
40-27 may order that the child be:
40-28 (1) Released to the custody of a parent or guardian or
40-29 another person appointed by the juvenile court;
40-30 (2) Detained in a place designated by the juvenile court,
40-31 subject to further order of the juvenile court; or
40-32 (3) Conditionally released for supervised detention at the
40-33 home of the child in lieu of detention at a facility for the detention
40-34 of children. The supervised detention at the home of the child may
40-35 include electronic surveillance of the child.
40-36 4. In determining whether to release a child pursuant to this
40-37 section to a person other than a parent or guardian, the juvenile
40-38 court shall give preference to any person who is related to the
40-39 child within the third degree of consanguinity if the juvenile court
40-40 finds that the person is suitable and able to provide proper care
40-41 and guidance for the child.
40-42 Sec. 112. 1. A child must not be released from custody
40-43 sooner than 12 hours after the child is taken into custody if the
40-44 child is taken into custody for committing a battery that constitutes
40-45 domestic violence pursuant to NRS 33.018.
41-1 2. A child must not be released from custody sooner than 12
41-2 hours after the child is taken into custody if:
41-3 (a) The child is taken into custody for violating a temporary or
41-4 extended order for protection against domestic violence issued
41-5 pursuant to NRS 33.017 to 33.100, inclusive, or for violating a
41-6 restraining order or injunction that is in the nature of a temporary
41-7 or extended order for protection against domestic violence issued
41-8 in an action or proceeding brought pursuant to title 11 of NRS;
41-9 and
41-10 (b) The peace officer or probation officer who has taken the
41-11 child into custody determines that such a violation is accompanied
41-12 by a direct or indirect threat of harm.
41-13 3. For the purposes of this section, an order or injunction is
41-14 in the nature of a temporary or extended order for protection
41-15 against domestic violence if it grants relief that might be given in a
41-16 temporary or extended order issued pursuant to NRS 33.017 to
41-17 33.100, inclusive.
41-18 Sec. 113. 1. If a child is not alleged to be delinquent or in
41-19 need of supervision, the child must not, at any time, be confined or
41-20 detained in:
41-21 (a) A facility for the secure detention of children; or
41-22 (b) Any police station, lockup, jail, prison or other facility in
41-23 which adults are detained or confined.
41-24 2. If a child is alleged to be delinquent or in need of
41-25 supervision, the child must not, before disposition of the case, be
41-26 detained in a facility for the secure detention of children unless
41-27 there is probable cause to believe that:
41-28 (a) If the child is not detained, the child is likely to commit an
41-29 offense dangerous to himself or to the community, or likely to
41-30 commit damage to property;
41-31 (b) The child will run away or be taken away so as to be
41-32 unavailable for proceedings of the juvenile court or to its officers;
41-33 (c) The child was taken into custody and brought before a
41-34 probation officer pursuant to a court order or warrant; or
41-35 (d) The child is a fugitive from another jurisdiction.
41-36 3. If a child is less than 18 years of age, the child must not, at
41-37 any time, be confined or detained in any police station, lockup,
41-38 jail, prison or other facility where the child has regular contact
41-39 with any adult who is confined or detained in the facility and who
41-40 has been convicted of a criminal offense or charged with a
41-41 criminal offense, unless:
41-42 (a) The child is alleged to be delinquent;
41-43 (b) An alternative facility is not available; and
41-44 (c) The child is separated by sight and sound from any adults
41-45 who are confined or detained in the facility.
42-1 4. During the pendency of a proceeding involving a criminal
42-2 offense excluded from the original jurisdiction of the juvenile
42-3 court pursuant to section 47 of this act, a child may petition the
42-4 juvenile court for temporary placement in a facility for the
42-5 detention of children.
42-6 Sec. 114. 1. If a child who is alleged to be delinquent is
42-7 taken into custody and detained, the child must be given a
42-8 detention hearing before the juvenile court:
42-9 (a) Not later than 24 hours after the child submits a written
42-10 application;
42-11 (b) In a county whose population is less than 100,000, not later
42-12 than 24 hours after the commencement of detention at a police
42-13 station, lockup, jail, prison or other facility in which adults are
42-14 detained or confined;
42-15 (c) In a county whose population is 100,000 or more, not later
42-16 than 6 hours after the commencement of detention at a police
42-17 station, lockup, jail, prison or other facility in which adults are
42-18 detained or confined; or
42-19 (d) Not later than 72 hours after the commencement of
42-20 detention at a facility in which adults are not detained or
42-21 confined,
42-22 whichever occurs first, excluding Saturdays, Sundays and
42-23 holidays.
42-24 2. A child must not be released after a detention hearing
42-25 without the written consent of the juvenile court.
42-26 Sec. 115. 1. Except as otherwise provided in this section, if
42-27 a child who is alleged to be in need of supervision is taken into
42-28 custody and detained, the child must be released not later than 24
42-29 hours, excluding Saturdays, Sundays and holidays, after the
42-30 child’s initial contact with a peace officer or probation officer to:
42-31 (a) A parent or guardian of the child;
42-32 (b) Any other person who is able to provide adequate care and
42-33 supervision for the child; or
42-34 (c) Shelter care.
42-35 2. A child does not have to be released pursuant to
42-36 subsection 1 if the juvenile court:
42-37 (a) Holds a detention hearing;
42-38 (b) Determines that the child:
42-39 (1) Has threatened to run away from home or from the
42-40 shelter;
42-41 (2) Is accused of violent behavior at home; or
42-42 (3) Is accused of violating the terms of a supervision and
42-43 consent decree; and
42-44 (c) Determines that the child needs to be detained to make an
42-45 alternative placement for the child.
43-1 The child may be detained for an additional 24 hours but not more
43-2 than 48 hours after the detention hearing, excluding Saturdays,
43-3 Sundays and holidays.
43-4 3. A child does not have to be released pursuant to this
43-5 section if the juvenile court:
43-6 (a) Holds a detention hearing; and
43-7 (b) Determines that the child:
43-8 (1) Is a ward of a federal court or held pursuant to a
43-9 federal statute;
43-10 (2) Has run away from another state and a jurisdiction
43-11 within that state has issued a want, warrant or request for the
43-12 child; or
43-13 (3) Is accused of violating a valid court order.
43-14 The child may be detained for an additional period as necessary
43-15 for the juvenile court to return the child to the jurisdiction from
43-16 which the child originated or to make an alternative placement for
43-17 the child.
43-18 4. For the purposes of this section, an alternative placement
43-19 must be in a facility in which there are no physical restraining
43-20 devices or barriers.
43-21 Sec. 116. 1. If a peace officer or probation officer has
43-22 probable cause to believe that a child is committing or has
43-23 committed an unlawful act that involves the possession, use or
43-24 threatened use of a firearm, the officer shall take the child into
43-25 custody.
43-26 2. If a child is taken into custody for an unlawful act
43-27 described in this section, the child must not be released before a
43-28 detention hearing is held pursuant to section 114 of this act.
43-29 3. At the detention hearing, the juvenile court shall determine
43-30 whether to order the child to be evaluated by a qualified
43-31 professional.
43-32 4. If the juvenile court orders the child to be evaluated by a
43-33 qualified professional, the evaluation must be completed not later
43-34 than 14 days after the detention hearing. Until the evaluation is
43-35 completed, the child must be:
43-36 (a) Detained at a facility for the detention of children; or
43-37 (b) Placed under a program of supervision in the home of the
43-38 child that may include electronic surveillance of the child.
43-39 5. If a child is evaluated by a qualified professional pursuant
43-40 to this section, the statements made by the child to the qualified
43-41 professional during the evaluation and any evidence directly or
43-42 indirectly derived from those statements may not be used for any
43-43 purpose in a proceeding which is conducted to prove that the child
43-44 committed a delinquent act or criminal offense. The provisions of
43-45 this subsection do not prohibit the district attorney from proving
43-46 that the child committed a delinquent act or criminal offense
44-1 based upon evidence obtained from sources or by means that are
44-2 independent of the statements made by the child to the qualified
44-3 professional during the evaluation.
44-4 Sec. 117. 1. If a child is stopped by a peace officer for a
44-5 violation of any traffic law or ordinance which is punishable as a
44-6 misdemeanor, the peace officer may prepare and issue a traffic
44-7 citation pursuant to the same criteria as would apply to an adult
44-8 violator.
44-9 2. If a child who is issued a traffic citation executes a written
44-10 promise to appear in court by signing the citation, the officer:
44-11 (a) Shall deliver a copy of the citation to the child; and
44-12 (b) Shall not take the child into physical custody for the
44-13 violation.
44-14 Sec. 118. 1. Each proceeding conducted pursuant to the
44-15 provisions of this title:
44-16 (a) Is not criminal in nature.
44-17 (b) Must be heard separately from the trial of cases against
44-18 adults.
44-19 (c) Must be heard without a jury.
44-20 (d) May be conducted in an informal manner.
44-21 (e) May be held at a facility for the detention of children or
44-22 elsewhere at the discretion of the juvenile court.
44-23 (f) Does not require stenographic notes or any other transcript
44-24 of the proceeding unless ordered by the juvenile court.
44-25 2. Except as otherwise provided in this subsection, each
44-26 proceeding conducted pursuant to the provisions of this title must
44-27 be open to the public. If the juvenile court determines that all or
44-28 part of the proceeding must be closed to the public because the
44-29 closure is in the best interests of the child or the public:
44-30 (a) The public must be excluded; and
44-31 (b) The juvenile court may order that only those persons who
44-32 have a direct interest in the case may be admitted. The juvenile
44-33 court may determine that a victim or any member of the victim’s
44-34 family is a person who has a direct interest in the case and may be
44-35 admitted.
44-36 Sec. 119. 1. At the child’s first appearance at intake and
44-37 before the juvenile court, the child must be:
44-38 (a) Advised of his rights;
44-39 (b) Informed of the specific allegations in the petition; and
44-40 (c) Given an opportunity to admit or deny those allegations.
44-41 2. If the child denies the allegations in the petition, the
44-42 juvenile court shall:
44-43 (a) Conduct an adjudicatory hearing concerning the
44-44 allegations; and
44-45 (b) Record its findings on whether the allegations have been
44-46 established.
45-1 3. If the child is alleged to be in need of supervision, the
45-2 allegations in the petition must be established by a preponderance
45-3 of the evidence based upon competent, material and relevant
45-4 evidence.
45-5 4. If the child is alleged to have committed a delinquent act,
45-6 the allegations in the petition must be established by proof beyond
45-7 a reasonable doubt based upon competent, material and relevant
45-8 evidence.
45-9 5. If the juvenile court finds that the allegations in the
45-10 petition have not been established, the juvenile court shall dismiss
45-11 the petition and order that the child be discharged from any
45-12 facility for the detention of children or temporary care, unless
45-13 otherwise ordered by the juvenile court.
45-14 6. If the juvenile court finds that the allegations in the
45-15 petition have been established, the juvenile court shall make a
45-16 proper disposition of the case.
45-17 Sec. 120. 1. If a proceeding conducted pursuant to the
45-18 provisions of this title involves the placement of an Indian child
45-19 into foster care, the juvenile court shall:
45-20 (a) Cause the Indian child’s tribe to be notified in writing in
45-21 the manner provided in the Indian Child Welfare Act. If the
45-22 Indian child is eligible for membership in more than one tribe,
45-23 each tribe must be notified.
45-24 (b) Transfer the proceedings to the Indian child’s tribe in
45-25 accordance with the Indian Child Welfare Act or, if a tribe
45-26 declines or is unable to exercise jurisdiction, exercise jurisdiction
45-27 as provided in the Indian Child Welfare Act.
45-28 2. If the juvenile court determines that the parent of an
45-29 Indian child for whom foster care is sought is indigent, the
45-30 juvenile court, as provided in the Indian Child Welfare Act:
45-31 (a) Shall appoint an attorney to represent the parent;
45-32 (b) May appoint an attorney to represent the Indian child; and
45-33 (c) May apply to the Secretary of the Interior for the payment
45-34 of the fees and expenses of such an attorney.
45-35 Sec. 121. In a proceeding involving an Indian child, the
45-36 juvenile court shall give full faith and credit to the judicial
45-37 proceedings of an Indian tribe to the same extent that the Indian
45-38 tribe gives full faith and credit to the judicial proceedings of the
45-39 courts of this state.
45-40 Sec. 122. 1. Upon the request of the district attorney, the
45-41 juvenile court may expedite any proceeding conducted pursuant to
45-42 the provisions of this title that involves an act committed against a
45-43 person who is less than 16 years of age or an act witnessed by a
45-44 person who is less than 16 years of age.
45-45 2. In determining whether to expedite a proceeding, the
45-46 juvenile court may consider the effect that a delay in the
46-1 proceeding may have on the mental or emotional health or
46-2 well-being of the person who is less than 16 years of age.
46-3 Sec. 123. 1. In each proceeding conducted pursuant to
46-4 the provisions of this title, the juvenile court may issue and, upon
46-5 the request of any party to the proceeding, the clerk of the court
46-6 shall issue subpoenas that require:
46-7 (a) The attendance and testimony of witnesses; and
46-8 (b) The production of records, documents or other tangible
46-9 objects.
46-10 2. In each proceeding conducted pursuant to the provisions
46-11 of this title that involves a child who is alleged to be delinquent or
46-12 in need of supervision, the district attorney or the attorney for the
46-13 child may issue subpoenas pursuant to NRS 174.315 and 174.335
46-14 that require:
46-15 (a) The attendance and testimony of witnesses; and
46-16 (b) The production of records, documents or other tangible
46-17 objects.
46-18 Sec. 124. 1. The juvenile court may continue any
46-19 proceeding conducted pursuant to the provisions of this title for a
46-20 reasonable period to receive oral and written reports or other
46-21 competent, material and relevant evidence that may be helpful in
46-22 determining the issues presented.
46-23 2. If a proceeding involves an act committed against a person
46-24 who is less than 16 years of age or an act witnessed by a person
46-25 who is less than 16 years of age, the juvenile court:
46-26 (a) May consider any adverse effects that a continuance of the
46-27 proceeding may have on the mental or emotional health or
46-28 well-being of the person who is less than 16 years of age; and
46-29 (b) May deny a continuance of the proceeding if the delay will
46-30 adversely affect the mental or emotional health or well-being of
46-31 the person who is less than 16 years of age.
46-32 3. If the juvenile court orders a continuance of a proceeding,
46-33 the juvenile court shall make an appropriate order for the
46-34 detention or temporary care of the child who is the subject of
46-35 the proceeding during the period of the continuance.
46-36 Sec. 125. 1. In each proceeding conducted pursuant to the
46-37 provisions of this title, the juvenile court may:
46-38 (a) Receive all competent, material and relevant evidence that
46-39 may be helpful in determining the issues presented, including, but
46-40 not limited to, oral and written reports; and
46-41 (b) Rely on such evidence to the extent of its probative value.
46-42 2. The juvenile court shall afford the parties and their
46-43 attorneys an opportunity to examine and controvert each written
46-44 report that is received into evidence and to cross-examine each
46-45 person who made the written report, when reasonably available.
47-1 Sec. 126. 1. Except as otherwise provided in this section,
47-2 the juvenile court shall make its final disposition of a case not
47-3 later than 60 days after the date on which the petition in the case
47-4 was filed.
47-5 2. The juvenile court may extend the time for final disposition
47-6 of a case if the juvenile court files an order setting forth specific
47-7 reasons for the extension:
47-8 (a) Not later than 60 days after the date on which the petition
47-9 in the case was filed; or
47-10 (b) Later than 60 days after the date on which the petition in
47-11 the case was filed, if the juvenile court finds that the extension
47-12 would serve the interests of justice. In determining whether an
47-13 extension would serve the interests of justice, the juvenile court
47-14 shall consider:
47-15 (1) The gravity of the act alleged in the case;
47-16 (2) The reasons for any delay in the disposition of the case;
47-17 and
47-18 (3) The potential consequences to the child, any victim and
47-19 the public of not extending the time for final disposition of the
47-20 case.
47-21 3. The juvenile court shall not extend the time for final
47-22 disposition of a case beyond 1 year from the date on which the
47-23 petition in the case was filed.
47-24 Sec. 127. 1. The prosecuting attorney shall disclose to the
47-25 victim of an act committed by a child the disposition of the child’s
47-26 case regarding that act if:
47-27 (a) The victim requests such a disclosure; or
47-28 (b) If the victim is less than 18 years of age, the parent or
47-29 guardian of the victim requests such a disclosure.
47-30 2. All personal information pertaining to the victim or the
47-31 parent or guardian of the victim, including, but not limited to, a
47-32 current or former address, which is obtained by the prosecuting
47-33 attorney pursuant to this section, is confidential and must not be
47-34 used for a purpose other than that provided for in this section.
47-35 Sec. 128. Appeals from the orders of the juvenile court may
47-36 be taken to the Supreme Court in the same manner as appeals in
47-37 civil cases are taken.
47-38 Sec. 129. 1. If a child is prosecuted for an offense in a
47-39 juvenile proceeding, the child may not be prosecuted again for the
47-40 same offense in another juvenile proceeding or in a criminal
47-41 proceeding as an adult.
47-42 2. For the purposes of this section:
47-43 (a) A child is prosecuted for an offense in a juvenile
47-44 proceeding if:
48-1 (1) The district attorney files a petition against the child
48-2 pursuant to the provisions of this title alleging that the child
48-3 committed a delinquent act; and
48-4 (2) The juvenile court accepts the child’s admission of the
48-5 facts alleged in the petition or, at an adjudicatory hearing to
48-6 determine culpability, the juvenile court begins to take evidence on
48-7 the facts alleged in the petition.
48-8 (b) An offense is the same offense if it is:
48-9 (1) The offense alleged in the petition; or
48-10 (2) An offense based upon the same conduct as that alleged
48-11 in the petition.
48-12 Sec. 130. 1. If a parent or guardian of a child appears with
48-13 or on behalf of the child at a detention hearing, the juvenile court
48-14 shall provide to the parent or guardian a certificate of attendance
48-15 which the parent or guardian may provide to his employer.
48-16 2. A certificate of attendance:
48-17 (a) Must set forth the date and time of appearance and the
48-18 provisions of section 132 of this act; and
48-19 (b) Must not set forth the name of the child or the offense
48-20 alleged.
48-21 Sec. 131. 1. For any proceeding after the initial detention
48-22 hearing, written notice of the proceeding and a copy of the notice
48-23 which the parents and guardians may provide to their employers
48-24 must be provided to all parents and guardians of the child.
48-25 2. The written notice of the proceeding and the copy of the
48-26 notice:
48-27 (a) Must set forth the date and time of the proceeding and the
48-28 provisions of section 132 of this act; and
48-29 (b) Must not set forth the name of the child or the offense
48-30 alleged.
48-31 3. If the address or location of any parent or guardian of a
48-32 child is not immediately known when the proceeding is scheduled,
48-33 notice must be served pursuant to this section immediately upon
48-34 discovery of the address and location of the parent or guardian.
48-35 Sec. 132. 1. If a parent or guardian of a child gives his
48-36 employer or an agent of the employer notice of an appearance
48-37 with or on behalf of the child in any court, it is unlawful for the
48-38 employer or the agent of the employer to:
48-39 (a) Terminate the employment of the parent or guardian, as a
48-40 consequence of his appearance or prospective appearance in
48-41 court; or
48-42 (b) Assert to the parent or guardian that his appearance or
48-43 prospective appearance in court will result in the termination of
48-44 his employment.
48-45 2. Any employer or agent of an employer who violates the
48-46 provisions of subsection 1 is guilty of a misdemeanor.
49-1 3. A parent or guardian who is discharged from employment
49-2 in violation of subsection 1 may commence a civil action against
49-3 his employer and obtain:
49-4 (a) Wages and benefits lost as a result of the violation;
49-5 (b) An order of reinstatement without loss of position, seniority
49-6 or benefits;
49-7 (c) Damages equal to the amount of the lost wages and
49-8 benefits; and
49-9 (d) Reasonable attorney’s fees fixed by the court.
49-10 4. For the purposes of this section, notice is given:
49-11 (a) In the case of a detention hearing, when the parent or
49-12 guardian:
49-13 (1) Gives the employer or an agent of the employer oral
49-14 notice in advance of the hearing; and
49-15 (2) Provides the employer with a certificate of attendance
49-16 immediately upon return to employment.
49-17 (b) In the case of any hearing after the initial detention
49-18 hearing, when the parent or guardian gives the employer or an
49-19 agent of the employer, in advance of the hearing, the employer’s
49-20 copy of the written notice of the hearing.
49-21 Sec. 133. Title 5 of NRS is hereby amended by adding thereto
49-22 a new chapter to consist of the provisions set forth as sections 134 to
49-23 177, inclusive, of this act.
49-24 Sec. 134. Except as otherwise provided in sections 134 to
49-25 152, inclusive, of this act:
49-26 1. The provisions of sections 134 to 152, inclusive, of this act
49-27 apply to the disposition of a case involving any child who is
49-28 adjudicated pursuant to the provisions of this title.
49-29 2. In addition to any other orders or actions authorized or
49-30 required by the provisions of this title, if a child is adjudicated
49-31 pursuant to the provisions of this title:
49-32 (a) The juvenile court may issue any orders or take any actions
49-33 set forth in sections 134 to 152, inclusive, of this act that the
49-34 juvenile court deems proper for the disposition of the case; and
49-35 (b) If required by a specific statute, the juvenile court shall
49-36 issue the appropriate orders or take the appropriate actions set
49-37 forth in the statute.
49-38 Sec. 135. 1. A child who is adjudicated pursuant to the
49-39 provisions of this title is not a criminal and any adjudication is not
49-40 a conviction, and a child may be charged with a crime or
49-41 convicted in a criminal proceeding only as provided in this title.
49-42 2. Except as otherwise provided by specific statute, an
49-43 adjudication pursuant to the provisions of this title upon the status
49-44 of a child does not impose any of the civil disabilities ordinarily
49-45 resulting from conviction, and the disposition of a child or any
49-46 evidence given in the juvenile court must not be used to disqualify
50-1 the child in any future application for or appointment to the civil
50-2 service.
50-3 Sec. 136. In determining whether to place a child in the
50-4 custody of a person other than a parent or guardian, the juvenile
50-5 court shall give preference to any person who is related to the
50-6 child within the third degree of consanguinity if the juvenile court
50-7 finds that the person is suitable and able to provide proper care
50-8 and guidance for the child.
50-9 Sec. 137. In placing a child in the custody of a person or a
50-10 public or private institution or agency, the juvenile court shall
50-11 select, when practicable, a person or an institution or agency
50-12 governed by persons of:
50-13 1. The same religious faith as that of the parents of the child;
50-14 2. If the religious faiths of the parents differ, the religious
50-15 faith of the child; or
50-16 3. If the religious faith of the child is not ascertainable, the
50-17 religious faith of either of the parents.
50-18 Sec. 138. 1. Except as otherwise provided in this chapter,
50-19 the juvenile court may:
50-20 (a) Place a child in the custody of a suitable person for
50-21 supervision in the child’s own home or in another home; or
50-22 (b) Commit the child to the custody of a public or private
50-23 institution or agency authorized to care for children.
50-24 2. If the juvenile court places the child under supervision in a
50-25 home:
50-26 (a) The juvenile court may impose such conditions as the
50-27 juvenile court deems proper; and
50-28 (b) The program of supervision in the home may include
50-29 electronic surveillance of the child.
50-30 3. If the juvenile court commits the child to the custody of a
50-31 public or private institution or agency, the juvenile court shall
50-32 select one that is required to be licensed by:
50-33 (a) The Department of Human Resources to care for such
50-34 children; or
50-35 (b) If the institution or agency is in another state, the
50-36 analogous department of that state.
50-37 Sec. 139. The juvenile court may permit a child to reside in a
50-38 residence without the immediate supervision of an adult, exempt
50-39 the child from mandatory attendance at school so that the child
50-40 may be employed full-time, or both, if the child:
50-41 1. Is at least 16 years of age;
50-42 2. Has demonstrated the capacity to benefit from this
50-43 placement or exemption; and
50-44 3. Is under the strict supervision of the juvenile court.
51-1 Sec. 140. 1. If the juvenile court commits a child to the
51-2 custody of a public or private institution or agency, the juvenile
51-3 court shall:
51-4 (a) Transmit a summary of its information concerning the
51-5 child to the institution or agency; and
51-6 (b) Order the administrator of the school that the child last
51-7 attended to transmit a copy of the child’s educational records to
51-8 the institution or agency.
51-9 2. The institution or agency to which the child is committed
51-10 shall provide the juvenile court with any information concerning
51-11 the child that the juvenile court may require.
51-12 Sec. 141. 1. If it has been admitted or determined that a
51-13 child is in need of supervision or in need of commitment to an
51-14 institution for the mentally retarded or the mentally ill and the
51-15 child has been or will be placed outside the home of the child by
51-16 court order:
51-17 (a) The juvenile court shall direct a probation officer or an
51-18 authorized agency to prepare for the juvenile court a study and a
51-19 written report concerning the child, the family of the child, the
51-20 environment of the child and other matters relevant to the need for
51-21 treatment or disposition of the case; and
51-22 (b) The agency which is charged with the care and custody of
51-23 the child or the agency which has the responsibility for
51-24 supervising the placement of the child shall file with the juvenile
51-25 court a plan which includes:
51-26 (1) The social history of the child and the family of the
51-27 child;
51-28 (2) The wishes of the child relating to the placement of the
51-29 child;
51-30 (3) A statement of the conditions which require
51-31 intervention by the juvenile court and whether the removal of the
51-32 child from the home of the child was a result of a judicial
51-33 determination that the child’s continuation in the home would be
51-34 contrary to the child’s welfare;
51-35 (4) A statement of the harm which the child is likely to
51-36 suffer as a result of the removal;
51-37 (5) A discussion of the efforts made by the agency to avoid
51-38 removing the child from the home of the child before the agency
51-39 placed the child in foster care;
51-40 (6) The special programs available to the parent or
51-41 guardian of the child which might prevent further harm to the
51-42 child and the reason that each program is likely to be useful, and
51-43 the overall plan of the agency to assure that the services are
51-44 available;
52-1 (7) A description of the type of home or institution in which
52-2 the child could be placed, a plan for assuring that the child would
52-3 receive proper care and a description of the needs of the child; and
52-4 (8) A description of the efforts made by the agency to
52-5 facilitate the return of the child to the home of the child or
52-6 permanent placement of the child.
52-7 2. If there are indications that a child may be mentally
52-8 retarded or mentally ill, the juvenile court may order the child to
52-9 be examined at a suitable place by a physician, psychiatrist or
52-10 psychologist before a hearing on the merits of the petition. The
52-11 examinations made before a hearing or as part of the study
52-12 provided for in subsection 1 must be conducted without admission
52-13 to a hospital unless the juvenile court finds that placement in a
52-14 hospital or other appropriate facility is necessary.
52-15 3. After a hearing, the juvenile court may order a parent or
52-16 guardian of the child to be examined by a physician, psychiatrist
52-17 or psychologist if:
52-18 (a) The ability of the parent or guardian to care for or
52-19 supervise the child is at issue before the juvenile court; and
52-20 (b) The parent or guardian consents to the examination.
52-21 Sec. 142. 1. Except as otherwise provided in this section, if
52-22 the juvenile court places a child in a foster home or other similar
52-23 institution, the juvenile court shall review the placement at least
52-24 semiannually for the purpose of determining whether:
52-25 (a) Continued placement or supervision is in the best interests
52-26 of the child and the public; and
52-27 (b) The child is being treated fairly.
52-28 2. In conducting the review, the juvenile court may:
52-29 (a) Require a written report from the child’s protective services
52-30 officer, welfare worker or other guardian of the child which
52-31 includes, but is not limited to, an evaluation of the progress of the
52-32 child and recommendations for further supervision, treatment or
52-33 rehabilitation.
52-34 (b) Request any information or statements that the juvenile
52-35 court deems necessary for the review.
52-36 3. The juvenile court shall hold dispositional hearings not
52-37 later than 18 months after the review required by subsection 1,
52-38 and at least annually thereafter.
52-39 4. The juvenile court shall hold each dispositional hearing to
52-40 determine whether:
52-41 (a) The child should be returned to his parent or guardian or
52-42 other relatives;
52-43 (b) The child’s placement in the foster home or other similar
52-44 institution should be continued;
52-45 (c) The child should be placed for adoption or under a legal
52-46 guardianship; or
53-1 (d) The child should remain in the foster home or other
53-2 similar institution on a long-term basis.
53-3 5. The provisions of this section do not apply to the placement
53-4 of a child in the home of the child’s parent or parents.
53-5 6. This section does not limit the power of the juvenile court
53-6 to order a review or similar proceeding under subsection 1 other
53-7 than semiannually.
53-8 7. In determining the placement of the child pursuant to this
53-9 section, the juvenile court shall give preference to any person who
53-10 is related to the child within the third degree of consanguinity if
53-11 the juvenile court finds that the person is suitable and able to
53-12 provide proper care and guidance for the child.
53-13 Sec. 143. 1. The juvenile court may:
53-14 (a) Order such medical, psychiatric, psychological or other
53-15 care and treatment for a child as the juvenile court deems to be in
53-16 the best interests of the child; and
53-17 (b) Cause the child to be examined by a physician, psychiatrist,
53-18 psychologist or other qualified person.
53-19 2. If the child appears to be in need of medical, psychiatric,
53-20 psychological or other care or treatment:
53-21 (a) The juvenile court may order the parent or guardian of the
53-22 child to provide such care or treatment; and
53-23 (b) If, after due notice, the parent or guardian fails to provide
53-24 such care or treatment, the juvenile court may order that the child
53-25 be provided with the care or treatment. When approved by the
53-26 juvenile court, the expense of such care or treatment is a charge
53-27 upon the county, but the juvenile court may order the person
53-28 having the duty under the law to support the child to pay part or
53-29 all of the expenses of such care or treatment.
53-30 Sec. 144. 1. The juvenile court may order the parent or
53-31 guardian of a child to refrain from engaging in or continuing any
53-32 conduct which the juvenile court believes has caused or tended to
53-33 cause the child to become subject to the jurisdiction of the juvenile
53-34 court.
53-35 2. If the child is less than 18 years of age, the juvenile court
53-36 may order:
53-37 (a) The parent or guardian of the child; and
53-38 (b) Any sibling or other person who is living in the same
53-39 household as the child over whom the juvenile court has
53-40 jurisdiction,
53-41 to attend or participate in counseling, with or without the child,
53-42 including, but not limited to, counseling regarding parenting
53-43 skills, alcohol or substance abuse, or techniques of dispute
53-44 resolution.
54-1 Sec. 145. 1. The juvenile court may order a child or the
54-2 parent or guardian of the child, or both, to perform community
54-3 service.
54-4 2. If the juvenile court orders a child or the parent or
54-5 guardian of the child, or both, to perform community service
54-6 pursuant to the provisions of this title, the juvenile court may
54-7 order the child or the parent or guardian of the child, or both, to
54-8 deposit with the juvenile court a reasonable sum of money to pay
54-9 for the cost of a policy for insurance against liability for personal
54-10 injury and damage to property or for industrial insurance, or both,
54-11 during those periods in which the work is performed, unless, in
54-12 the case of industrial insurance, it is provided by the authority for
54-13 which the work is performed.
54-14 Sec. 146. 1. The juvenile court may order that the driver’s
54-15 license of a child be suspended for at least 90 days but not more
54-16 than 2 years.
54-17 2. If the child does not possess a driver’s license, the juvenile
54-18 court may prohibit the child from receiving a driver’s license for
54-19 at least 90 days but not more than 2 years:
54-20 (a) Immediately following the date of the order, if the child is
54-21 eligible to receive a driver’s license.
54-22 (b) After the date the child becomes eligible to apply for a
54-23 driver’s license, if the child is not eligible to receive a license on
54-24 the date of the order.
54-25 Sec. 147. 1. If a child applies for a driver’s license, the
54-26 Department of Motor Vehicles shall:
54-27 (a) Notify the child of the provisions of this title that permit the
54-28 juvenile court to suspend or revoke the license of the child; and
54-29 (b) Require the child to sign an affidavit acknowledging that
54-30 the child is aware that his driver’s license may be suspended or
54-31 revoked pursuant to the provisions of this title.
54-32 2. If the juvenile court issues an order delaying the ability of
54-33 a child to receive a driver’s license, not later than 5 days after
54-34 issuing the order the juvenile court shall forward to the
54-35 Department of Motor Vehicles a copy of the order.
54-36 3. If the juvenile court issues an order suspending the
54-37 driver’s license of a child:
54-38 (a) The juvenile court shall order the child to surrender his
54-39 driver’s license to the juvenile court; and
54-40 (b) Not later than 5 days after issuing the order, the juvenile
54-41 court shall forward to the Department of Motor Vehicles a copy of
54-42 the order and the driver’s license of the child.
54-43 4. If the juvenile court issues an order suspending the
54-44 driver’s license of a child, the Department of Motor Vehicles:
54-45 (a) Shall report the suspension of the driver’s license of
54-46 the child to an insurance company or its agent inquiring about
55-1 the child’s driving record, but such a suspension must not be
55-2 considered for the purpose of rating or underwriting.
55-3 (b) Shall not treat the suspension in the manner statutorily
55-4 required for moving traffic violations, unless the suspension
55-5 resulted from the child’s poor performance as a driver.
55-6 (c) Shall not require the child to submit to the tests and other
55-7 requirements which are adopted by regulation pursuant to
55-8 subsection 1 of NRS 483.495 as a condition of reinstatement or
55-9 reissuance after the suspension of a driver’s license, unless the
55-10 suspension resulted from the child’s poor performance as a driver.
55-11 Sec. 148. 1. If a child has not previously been adjudicated
55-12 delinquent or in need of supervision and the unlawful act
55-13 committed by the delinquent child did not involve the use or
55-14 threatened use of force or violence against a victim, the juvenile
55-15 court may order a child to complete any or all of the following
55-16 programs:
55-17 (a) A program of cognitive training and human development
55-18 established pursuant to section 89 of this act.
55-19 (b) A program for the arts as described in section 88 of this
55-20 act.
55-21 (c) A program of sports or physical fitness as described in
55-22 section 88 of this act.
55-23 2. If the juvenile court orders the child to participate in a
55-24 program of cognitive training and human development, a program
55-25 for the arts or a program of sports or physical fitness, the juvenile
55-26 court may order any or all of the following, in the following order
55-27 of priority if practicable:
55-28 (a) The child or the parent or guardian of the child, or both, to
55-29 the extent of their financial ability, to pay the costs associated with
55-30 the participation of the child in the program, including, but not
55-31 limited to, a reasonable sum of money to pay for the cost of
55-32 policies of insurance against liability for personal injury and
55-33 damage to property during those periods in which the child
55-34 participates in the program;
55-35 (b) The child to work on projects or perform community
55-36 service for a period that reflects the costs associated with the
55-37 participation of the child in the program; or
55-38 (c) The county in which the petition alleging the child to be in
55-39 need of supervision is filed to pay the costs associated with the
55-40 participation of the child in the program.
55-41 Sec. 149. 1. If a court determines that a child who is
55-42 currently enrolled in school unlawfully caused or attempted to
55-43 cause serious bodily injury to another person, the court shall
55-44 provide the information specified in subsection 2 to the school
55-45 district in which the child is currently enrolled.
56-1 2. The information required to be provided pursuant to
56-2 subsection 1 must include:
56-3 (a) The name of the child;
56-4 (b) A description of any injury sustained by the other person;
56-5 (c) A description of any weapon used by the child; and
56-6 (d) A description of any threats made by the child against the
56-7 other person before, during or after the incident in which the child
56-8 injured or attempted to injure the person.
56-9 Sec. 150. 1. If the juvenile court imposes a fine against:
56-10 (a) A delinquent child pursuant to section 162 of this act;
56-11 (b) A child who has committed a minor traffic offense, except
56-12 an offense related to metered parking, pursuant to section 161 of
56-13 this act; or
56-14 (c) A child in need of supervision because the child is a
56-15 habitual truant pursuant to section 155 of this act,
56-16 the juvenile court shall order the child or the parent or guardian
56-17 of the child to pay an administrative assessment of $10 in addition
56-18 to the fine.
56-19 2. The juvenile court shall state separately on its docket the
56-20 amount of money that the juvenile court collects for the
56-21 administrative assessment.
56-22 3. If the child is found not to have committed the alleged act
56-23 or the charges are dropped, the juvenile court shall return to the
56-24 child or the parent or guardian of the child any money deposited
56-25 with the juvenile court for the administrative assessment.
56-26 4. On or before the fifth day of each month for the preceding
56-27 month, the clerk of the court shall pay to the county treasurer the
56-28 money the juvenile court collects for administrative assessments.
56-29 5. On or before the 15th day of each month, the county
56-30 treasurer shall deposit the money in the county general fund for
56-31 credit to a special account for the use of the county’s juvenile
56-32 court or for services to delinquent children.
56-33 Sec. 151. The juvenile court may order the parent or
56-34 guardian of a child to pay, in whole or in part, for the costs related
56-35 to the proceedings involving the disposition of the case, including,
56-36 but not limited to:
56-37 1. Reasonable attorney’s fees;
56-38 2. Any costs incurred by the juvenile court; and
56-39 3. Any costs incurred in investigating the acts committed by
56-40 the child and in taking the child into custody.
56-41 Sec. 152. 1. Except as otherwise provided in this section,
56-42 the juvenile court may at any time modify or terminate any decree
56-43 or order that it has made.
56-44 2. Except as otherwise provided in section 263 of this act,
56-45 before the juvenile court may modify or terminate an order
57-1 committing a child to the custody of the Division of Child and
57-2 Family Services, the juvenile court shall:
57-3 (a) Provide the Administrator of the Division of Child and
57-4 Family Services with written notice not later than 10 days before
57-5 modifying or terminating the order, unless the Administrator
57-6 waives the right to receive such notice; and
57-7 (b) Give due consideration to the effect that the modification
57-8 or termination of the order will have upon the child and the
57-9 programs of the Division of Child and Family Services.
57-10 Sec. 153. 1. The provisions of this section and sections 154
57-11 and 155 of this act apply to the disposition of a case involving a
57-12 child who is adjudicated to be in need of supervision.
57-13 2. If a child is adjudicated to be in need of supervision:
57-14 (a) The juvenile court may issue any orders or take any actions
57-15 set forth in this section and sections 154 and 155 of this act that
57-16 the juvenile court deems proper for the disposition of the case; and
57-17 (b) If required by a specific statute, the juvenile court shall
57-18 issue the appropriate orders or take the appropriate actions set
57-19 forth in the statute.
57-20 Sec. 154. A child in need of supervision must not be
57-21 committed to or otherwise placed in a state facility for the
57-22 detention of children or any other facility that provides
57-23 correctional care.
57-24 Sec. 155. 1. If a child is adjudicated to be in need of
57-25 supervision because the child is a habitual truant, the juvenile
57-26 court shall:
57-27 (a) The first time the child is adjudicated to be in need of
57-28 supervision because the child is a habitual truant:
57-29 (1) Order the child to:
57-30 (I) Pay a fine of not more than $100 and the
57-31 administrative assessment required by section 150 of this act; or
57-32 (II) Perform not less than 8 hours but not more than 16
57-33 hours of community service; and
57-34 (2) If the child is 14 years of age or older, order the
57-35 suspension of the driver’s license of the child for at least 30 days
57-36 but not more than 6 months. If the child does not possess a
57-37 driver’s license, the juvenile court shall prohibit the child from
57-38 applying for a driver’s license for 30 days:
57-39 (I) Immediately following the date of the order if the
57-40 child is eligible to apply for a driver’s license; or
57-41 (II) After the date the child becomes eligible to apply for
57-42 a driver’s license if the child is not eligible to apply for a driver’s
57-43 license.
57-44 (b) The second or any subsequent time the child is adjudicated
57-45 to be in need of supervision because the child is a habitual truant:
57-46 (1) Order the child to:
58-1 (I) Pay a fine of not more than $200 and the
58-2 administrative assessment required by section 150 of this act;
58-3 (II) Perform not more than 10 hours of community
58-4 service; or
58-5 (III) Comply with the requirements set forth in both
58-6 sub‑subparagraphs (I) and (II); and
58-7 (2) If the child is 14 years of age or older, order the
58-8 suspension of the driver’s license of the child for at least 60 days
58-9 but not more than 1 year. If the child does not possess a driver’s
58-10 license, the juvenile court shall prohibit the child from applying
58-11 for a driver’s license for 60 days:
58-12 (I) Immediately following the date of the order if the
58-13 child is eligible to apply for a driver’s license; or
58-14 (II) After the date the child becomes eligible to apply for
58-15 a driver’s license if the child is not eligible to apply for a driver’s
58-16 license.
58-17 2. The juvenile court may suspend the payment of a fine
58-18 ordered pursuant to paragraph (a) of subsection 1 if the child
58-19 attends school for 60 consecutive school days after the imposition
58-20 of the fine, or has a valid excuse acceptable to his teacher or the
58-21 principal for any absence from school within that period.
58-22 3. The community service ordered pursuant to this section
58-23 must be performed at the child’s school of attendance, if
58-24 practicable.
58-25 Sec. 156. 1. The provisions of sections 156 to 177,
58-26 inclusive, of this act:
58-27 (a) Apply to the disposition of a case involving a child who is
58-28 adjudicated delinquent.
58-29 (b) Except as otherwise provided in section 161 of this act, do
58-30 not apply to the disposition of a case involving a child who is
58-31 found to have committed a minor traffic offense.
58-32 2. If a child is adjudicated delinquent:
58-33 (a) The juvenile court may issue any orders or take any actions
58-34 set forth in sections 156 to 177, inclusive, of this act that the
58-35 juvenile court deems proper for the disposition of the case; and
58-36 (b) If required by a specific statute, the juvenile court shall
58-37 issue the appropriate orders or take the appropriate actions set
58-38 forth in the statute.
58-39 Sec. 157. 1. If a delinquent child is less than 12 years of
58-40 age, the juvenile court shall not commit the child to a state facility
58-41 for the detention of children.
58-42 2. If a delinquent child is 12 years of age or older, the
58-43 juvenile court shall not commit the child to a private institution
58-44 unless the commitment is approved by the superintendent of the
58-45 state facility for the detention of children to which the child would
58-46 otherwise have been committed.
59-1 Sec. 158. 1. The juvenile court may commit a delinquent
59-2 child to the custody of the Division of Child and Family Services
59-3 for suitable placement if:
59-4 (a) The child is at least 8 years of age but less than 12 years of
59-5 age, and the juvenile court finds that the child is in need of
59-6 placement in a correctional or institutional facility; or
59-7 (b) The child is at least 12 years of age but less than 18 years
59-8 of age, and the juvenile court finds that the child:
59-9 (1) Is in need of placement in a correctional or institutional
59-10 facility; and
59-11 (2) Is in need of residential psychiatric services or other
59-12 residential services for his mental health.
59-13 2. Before the juvenile court commits a delinquent child to the
59-14 custody of the Division of Child and Family Services, the juvenile
59-15 court shall:
59-16 (a) Notify the Division at least 3 working days before the
59-17 juvenile court holds a hearing to consider such a commitment;
59-18 and
59-19 (b) At the request of the Division, provide the Division with not
59-20 more than 10 working days within which to:
59-21 (1) Investigate the child and his circumstances; and
59-22 (2) Recommend a suitable placement to the juvenile court.
59-23 Sec. 159. 1. Before the juvenile court commits a delinquent
59-24 child to the custody of the Division of Child and Family Services,
59-25 the juvenile court shall order that a physician conduct a physical
59-26 examination of the child, which includes a blood test, test for
59-27 tuberculosis, urinalysis and an examination for venereal disease.
59-28 2. Not later than 5 days after the date on which the physical
59-29 examination is conducted, the physician shall make a written
59-30 report of the results of the physical examination to the clerk of the
59-31 court.
59-32 3. Upon receipt of the written report:
59-33 (a) The clerk of the court shall immediately forward a copy of
59-34 the written report to the Administrator of the Division of Child and
59-35 Family Services; and
59-36 (b) The county auditor shall allow a claim for payment to the
59-37 physician for the physical examination.
59-38 Sec. 160. 1. If the juvenile court commits a delinquent
59-39 child to the custody of the Division of Child and Family Services,
59-40 the juvenile court may order the parent or guardian of the child to
59-41 pay, in whole or in part, for the support of the child.
59-42 2. If the juvenile court orders the parent or guardian of
59-43 the child to pay for the support of the child:
59-44 (a) The payments must be paid to the Administrator of the
59-45 Division of Child and Family Services; and
60-1 (b) The Administrator shall deposit the payments with the
60-2 State Treasurer for credit to a separate account in the State
60-3 General Fund. The Administrator may expend the money in
60-4 the separate account to carry out the powers and duties of the
60-5 Administrator and the Division of Child and Family Services.
60-6 Sec. 161. 1. If a child is found to have committed a minor
60-7 traffic offense, the juvenile court may do any or all of the
60-8 following:
60-9 (a) Order the child to pay a fine. If the juvenile court orders
60-10 the child to pay a fine, the juvenile court shall order the child to
60-11 pay an administrative assessment pursuant to section 150 of this
60-12 act, unless the offense involved a violation of a law or ordinance
60-13 governing metered parking. If, because of financial hardship, the
60-14 child is unable to pay the fine, the juvenile court may order
60-15 the child to perform community service.
60-16 (b) Recommend to the Department of Motor Vehicles the
60-17 suspension of the driver’s license of the child.
60-18 (c) Order the child to attend and complete a traffic survival
60-19 course.
60-20 (d) Order the child or the parent or guardian of the child, or
60-21 both, to pay the reasonable cost for the child to attend the traffic
60-22 survival course.
60-23 (e) Order the child placed on probation and impose such
60-24 conditions as the juvenile court deems proper.
60-25 2. The juvenile court shall forward to the Department of
60-26 Motor Vehicles, in the form required by NRS 483.450, a record
60-27 of the minor traffic offense, unless the offense involved a violation
60-28 of a law or ordinance governing standing or parking.
60-29 3. As used in this section, “juvenile court” means:
60-30 (a) The juvenile court; or
60-31 (b) The justice’s court or municipal court if the juvenile court
60-32 has transferred the case and record to the justice’s court or
60-33 municipal court pursuant to section 52 of this act.
60-34 Sec. 162. 1. The juvenile court may order a delinquent
60-35 child to pay a fine.
60-36 2. If the juvenile court orders a delinquent child to pay a fine,
60-37 the juvenile court shall order the child to pay an administrative
60-38 assessment pursuant to section 150 of this act.
60-39 3. If a delinquent child is less than 17 years of age, the
60-40 juvenile court may order the parent or guardian of the child to pay
60-41 any fines and penalties that the juvenile court imposes for the
60-42 unlawful act committed by the child.
60-43 4. If, because of financial hardship, the parent or guardian is
60-44 unable to pay any fines and penalties that the juvenile court
60-45 imposes for the unlawful act committed by the child, the juvenile
61-1 court may order the parent or guardian to perform community
61-2 service.
61-3 Sec. 163. The juvenile court may order any child who is:
61-4 1. Less than 18 years of age and who has been adjudicated
61-5 delinquent and placed on probation by the juvenile court to be
61-6 placed in a facility for the detention of children for not more than
61-7 30 days for the violation of probation.
61-8 2. At least 18 years of age but less than 21 years of age and
61-9 who has been placed on probation by the juvenile court to be
61-10 placed in a county jail for the violation of probation.
61-11 Sec. 164. 1. The juvenile court may order a delinquent
61-12 child to participate in a program of visitation to the office of the
61-13 county coroner that is established pursuant to this section.
61-14 2. In determining whether to order the child to participate in
61-15 such a program, the juvenile court shall consider whether the
61-16 unlawful act committed by the child involved the use or threatened
61-17 use of force or violence against himself or others or demonstrated
61-18 a disregard for the safety or well-being of himself or others.
61-19 3. The juvenile court may establish a program of visitation to
61-20 the office of the county coroner in cooperation with the coroner of
61-21 the county pursuant to this section.
61-22 4. Before a delinquent child may participate in a program of
61-23 visitation, the parent or guardian of the child must provide to the
61-24 juvenile court on a form provided by the juvenile court:
61-25 (a) Written consent for the child to participate in the program
61-26 of visitation; and
61-27 (b) An executed release of liability for any act or omission, not
61-28 amounting to gross negligence or willful misconduct of the
61-29 juvenile court, the county coroner, or any other person
61-30 administering or conducting a program of visitation, that causes
61-31 personal injury or illness of the child during the period in which
61-32 the child participates in the program of visitation.
61-33 5. A program of visitation must include, but is not limited to:
61-34 (a) A visit to the office of the county coroner at times and
61-35 under circumstances determined by the county coroner.
61-36 (b) A course to instruct the child concerning:
61-37 (1) The consequences of his actions; and
61-38 (2) An awareness of his own mortality.
61-39 (c) An opportunity for each participant in a program of
61-40 visitation to evaluate each component of the program.
61-41 6. The juvenile court may order the child, or the parent or
61-42 guardian of the child, or both, to pay a fee of not more than $45
61-43 based on the ability of the child or the parent or guardian of the
61-44 child, or both, to pay for the costs associated with the participation
61-45 of the child in the program of visitation.
62-1 7. If the juvenile court establishes a program of visitation
62-2 pursuant to this section, the juvenile court shall, on or before
62-3 January 15 of each odd-numbered year, submit to the Director of
62-4 the Legislative Counsel Bureau for transmittal to the Legislature a
62-5 report regarding the effect of the program on the incidence of
62-6 juvenile crime and the rate of recidivism.
62-7 Sec. 165. 1. Except as otherwise provided in section 166 of
62-8 this act, the juvenile court may order a delinquent child or the
62-9 parent or guardian of the child, or both:
62-10 (a) To provide restitution to the victim of any unlawful act
62-11 committed by the child; or
62-12 (b) To participate in a program designed to provide restitution
62-13 to a victim of any unlawful act committed by the child.
62-14 2. The juvenile court may establish and administer programs
62-15 which are designed to provide restitution to victims of unlawful
62-16 acts committed by delinquent children.
62-17 Sec. 166. 1. If a delinquent child has committed an
62-18 unlawful act that causes physical injury to a victim of the act, the
62-19 juvenile court shall order the child to provide restitution to the
62-20 victim for medical expenses incurred as a result of the act.
62-21 2. If a delinquent child has committed an unlawful act that
62-22 damaged or destroyed property owned or possessed by another
62-23 person, the juvenile court shall order the child to provide
62-24 restitution to the person who owns or possesses the property.
62-25 3. If the child is not able to provide restitution pursuant to
62-26 this section, the juvenile court shall order the parent or guardian
62-27 of the child to provide restitution, unless the juvenile court
62-28 determines that extenuating circumstances exist.
62-29 4. If, because of financial hardship, a delinquent child or the
62-30 parent or guardian of the child, or both, are unable to provide
62-31 restitution pursuant to this section, the juvenile court shall order
62-32 the child or the parent or guardian of the child, or both, to
62-33 perform community service.
62-34 Sec. 167. If the juvenile court orders a delinquent child or
62-35 the parent or guardian of the child, or both, to pay restitution:
62-36 1. The juvenile court shall determine the amount of
62-37 restitution the child or parent or guardian of the child, or both,
62-38 must pay to the victim; and
62-39 2. The juvenile court may order that the child or parent or
62-40 guardian of the child, or both, pay restitution in an amount that
62-41 equals the full amount of the loss incurred by the victim,
62-42 regardless of the amount of insurance coverage that exists for the
62-43 loss.
63-1 Sec. 168. 1. The juvenile court may order a delinquent
63-2 child to participate in a program of restitution through work that
63-3 is established pursuant to section 91 of this act if the child:
63-4 (a) Is 14 years of age or older;
63-5 (b) Has never been adjudicated delinquent for an unlawful act
63-6 that involved the use or threatened use of force or violence against
63-7 a victim and has never been found to have committed such an
63-8 unlawful act in any other jurisdiction;
63-9 (c) Is ordered to provide restitution to a victim; and
63-10 (d) Voluntarily agrees to participate in the program of
63-11 restitution through work.
63-12 2. If the juvenile court orders a child to participate in a
63-13 program of restitution through work, the juvenile court may order
63-14 any or all of the following, in the following order of priority if
63-15 practicable:
63-16 (a) The child or the parent or guardian of the child, or both, to
63-17 the extent of their financial ability, to pay the costs associated with
63-18 the participation of the child in the program, including, but not
63-19 limited to, a reasonable sum of money to pay for the cost of
63-20 policies of insurance against liability for personal injury and
63-21 damage to property or for industrial insurance, or both, during
63-22 those periods in which the child participates in the program or
63-23 performs work, unless, in the case of industrial insurance, it is
63-24 provided by the employer for which the child performs the work;
63-25 or
63-26 (b) The child to work on projects or perform community
63-27 service for a period that reflects the costs associated with the
63-28 participation of the child in the program.
63-29 Sec. 169. If the juvenile court orders a delinquent child or
63-30 the parent or guardian of the child, or both, to pay restitution to a
63-31 victim of any unlawful act committed by the child, the victim is not
63-32 prohibited from bringing a civil action to recover damages
63-33 incurred as a result of the unlawful act.
63-34 Sec. 170. 1. The juvenile court shall order a delinquent
63-35 child to undergo an evaluation to determine whether the child is
63-36 an abuser of alcohol or other drugs if the child committed:
63-37 (a) An unlawful act in violation of NRS 484.379 or 484.3795;
63-38 (b) The unlawful act of using, possessing, selling or
63-39 distributing a controlled substance; or
63-40 (c) The unlawful act of purchasing, consuming or possessing
63-41 an alcoholic beverage in violation of NRS 202.020.
63-42 2. The evaluation of the child must be conducted by:
63-43 (a) An alcohol and drug abuse counselor who is licensed or
63-44 certified or an alcohol and drug abuse counselor intern who is
63-45 certified pursuant to chapter 641C of NRS to make that
63-46 classification; or
64-1 (b) A physician who is certified to make that classification by
64-2 the Board of Medical Examiners.
64-3 3. The evaluation of the child may be conducted at an
64-4 evaluation center.
64-5 4. The person who conducts the evaluation of the child shall
64-6 report to the juvenile court the results of the evaluation and make
64-7 a recommendation to the juvenile court concerning the length and
64-8 type of treatment required for the child.
64-9 5. The juvenile court shall:
64-10 (a) Order the child to undergo a program of treatment as
64-11 recommended by the person who conducts the evaluation of the
64-12 child.
64-13 (b) Require the treatment facility to submit monthly reports on
64-14 the treatment of the child pursuant to this section.
64-15 (c) Order the child or the parent or guardian of the child, or
64-16 both, to the extent of their financial ability, to pay any charges
64-17 relating to the evaluation and treatment of the child pursuant to
64-18 this section. If the child or the parent or guardian of the child, or
64-19 both, do not have the financial resources to pay all those charges:
64-20 (1) The juvenile court shall, to the extent possible, arrange
64-21 for the child to receive treatment from a treatment facility which
64-22 receives a sufficient amount of federal or state money to offset the
64-23 remainder of the costs; and
64-24 (2) The juvenile court may order the child, in lieu of paying
64-25 the charges relating to his evaluation and treatment, to perform
64-26 community service.
64-27 6. After a treatment facility has certified a child’s successful
64-28 completion of a program of treatment ordered pursuant to this
64-29 section, the treatment facility is not liable for any damages to
64-30 person or property caused by a child who:
64-31 (a) Drives, operates or is in actual physical control of a vehicle
64-32 or a vessel under power or sail while under the influence of
64-33 intoxicating liquor or a controlled substance; or
64-34 (b) Engages in any other conduct prohibited by NRS 484.379,
64-35 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420
64-36 or a law of any other jurisdiction that prohibits the same or similar
64-37 conduct.
64-38 7. The provisions of this section do not prohibit the juvenile
64-39 court from:
64-40 (a) Requiring an evaluation to be conducted by a person who
64-41 is employed by a private company if the company meets the
64-42 standards of the Health Division of the Department of Human
64-43 Resources. The evaluation may be conducted at an evaluation
64-44 center.
64-45 (b) Ordering the child to attend a program of treatment which
64-46 is administered by a private company.
65-1 8. All information relating to the evaluation or treatment of a
65-2 child pursuant to this section is confidential and, except as
65-3 otherwise authorized by the provisions of this title or the juvenile
65-4 court, must not be disclosed to any person other than:
65-5 (a) The juvenile court;
65-6 (b) The child;
65-7 (c) The attorney for the child, if any;
65-8 (d) The parents or guardian of the child;
65-9 (e) The district attorney; and
65-10 (f) Any other person for whom the communication of that
65-11 information is necessary to effectuate the evaluation or treatment
65-12 of the child.
65-13 9. A record of any finding that a child has violated the
65-14 provisions of NRS 484.379 or 484.3795 must be included in
65-15 the driver’s record of that child for 7 years after the date of the
65-16 offense.
65-17 Sec. 171. 1. Except as otherwise provided in this section, if
65-18 a child is adjudicated delinquent for the unlawful act of using,
65-19 possessing, selling or distributing a controlled substance, or
65-20 purchasing, consuming or possessing an alcoholic beverage in
65-21 violation of NRS 202.020, the juvenile court shall:
65-22 (a) If the child possesses a driver’s license, issue an order
65-23 suspending the driver’s license of the child for at least 90 days but
65-24 not more than 2 years; or
65-25 (b) If the child does not possess a driver’s license and the
65-26 child is or will be eligible to receive a driver’s license within the 2
65-27 years immediately following the date of the order, issue an order
65-28 prohibiting the child from receiving a driver’s license for a period
65-29 specified by the juvenile court which must be at least 90 days but
65-30 not more than 2 years:
65-31 (1) Immediately following the date of the order, if the child
65-32 is eligible to receive a driver’s license; or
65-33 (2) After the date the child will be eligible to receive a
65-34 driver’s license, if the child is not eligible to receive a license on
65-35 the date of the order.
65-36 2. If the child is already the subject of a court order
65-37 suspending or delaying the issuance of his driver’s license, the
65-38 juvenile court shall order the additional suspension or delay, as
65-39 appropriate, to apply consecutively with the previous order.
65-40 Sec. 172. 1. If a child is adjudicated delinquent for an
65-41 unlawful act in violation of NRS 484.379 or 484.3795, the juvenile
65-42 court shall, if the child possesses a driver’s license:
65-43 (a) Issue an order revoking the driver’s license of the child for
65-44 90 days and requiring the child to surrender his driver’s license to
65-45 the juvenile court; and
66-1 (b) Not later than 5 days after issuing the order, forward to the
66-2 Department of Motor Vehicles a copy of the order and the driver’s
66-3 license of the child.
66-4 2. The Department of Motor Vehicles shall order the child to
66-5 submit to the tests and other requirements which are adopted by
66-6 regulation pursuant to subsection 1 of NRS 483.495 as a condition
66-7 of reinstatement of the driver’s license of the child.
66-8 3. If the child is adjudicated delinquent for a subsequent
66-9 unlawful act in violation of NRS 484.379 or 484.3795, the juvenile
66-10 court shall order an additional period of revocation to apply
66-11 consecutively with the previous order.
66-12 4. The juvenile court may authorize the Department of Motor
66-13 Vehicles to issue a restricted driver’s license pursuant to NRS
66-14 483.490 to a child whose driver’s license is revoked pursuant to
66-15 this section.
66-16 Sec. 173. 1. If a child is adjudicated delinquent because the
66-17 child handled or possessed a firearm or had a firearm under his
66-18 control in violation of NRS 202.300, the juvenile court shall:
66-19 (a) For the first offense:
66-20 (1) Order the child to perform 200 hours of community
66-21 service; and
66-22 (2) Issue an order suspending the driver’s license of the
66-23 child for not more than 1 year or, if the child does not possess a
66-24 driver’s license, prohibit the child from receiving a driver’s license
66-25 for not more than 1 year:
66-26 (I) Immediately following the date of the order, if the
66-27 child is eligible to receive a driver’s license.
66-28 (II) After the date the child becomes eligible to receive a
66-29 driver’s license, if the child is not eligible to receive a license on
66-30 the date of the order.
66-31 (b) For the second offense:
66-32 (1) Order the child to perform at least 200 hours but not
66-33 more than 600 hours of community service; and
66-34 (2) Issue an order suspending the driver’s license of the
66-35 child for at least 90 days but not more than 2 years or, if the child
66-36 does not possess a driver’s license, prohibit the child from
66-37 receiving a driver’s license for at least 90 days but not more than
66-38 2 years:
66-39 (I) Immediately following the date of the order, if the
66-40 child is eligible to receive a driver’s license.
66-41 (II) After the date the child becomes eligible to receive a
66-42 driver’s license, if the child is not eligible to receive a license on
66-43 the date of the order.
66-44 2. If the child is already the subject of a court order
66-45 suspending or delaying the issuance of his driver’s license, the
67-1 juvenile court shall order an additional suspension or delay, as
67-2 appropriate, to apply consecutively with the previous order.
67-3 Sec. 174. If a child is adjudicated delinquent because the
67-4 child handled or possessed a firearm or had a firearm under his
67-5 control in violation of NRS 202.300, the juvenile court shall:
67-6 1. Order that any license to hunt issued to the child pursuant
67-7 to chapter 502 of NRS must be revoked by the Division of Wildlife
67-8 of the State Department of Conservation and Natural Resources;
67-9 2. Order that the child must not receive a license to hunt
67-10 within the 2 years immediately following the date of the order or
67-11 until the child is 18 years of age, whichever is later;
67-12 3. Order the child to surrender to the juvenile court any
67-13 license to hunt then held by the child; and
67-14 4. Not later than 5 days after issuing the order, forward to the
67-15 Division of Wildlife any license to hunt surrendered by the child
67-16 and a copy of the order.
67-17 Sec. 175. 1. In determining the appropriate disposition of a
67-18 case of a delinquent child, the juvenile court shall consider
67-19 whether the unlawful act committed by the child involved the use
67-20 of a firearm or the use or threatened use of force or violence
67-21 against the victim of the act.
67-22 2. If the juvenile court finds that the act committed by the
67-23 child involved the use of a firearm or the use or threatened use of
67-24 force or violence against the victim, the juvenile court shall
67-25 include the finding in its order and may:
67-26 (a) Commit the child for confinement in a secure facility for
67-27 the detention of children, including a facility which is secured by
67-28 its staff.
67-29 (b) Impose any other punitive measures that the juvenile court
67-30 determines to be in the best interests of the public or the child.
67-31 Sec. 176. 1. If a child is adjudicated delinquent for an
67-32 unlawful act that involves cruelty to or torture of an animal, the
67-33 juvenile court shall order the child to participate in counseling or
67-34 other psychological treatment.
67-35 2. The juvenile court shall order the child or the parent or
67-36 guardian of the child, or both, to the extent of their financial
67-37 ability, to pay the cost of the child to participate in the counseling
67-38 or other psychological treatment.
67-39 3. As used in this section:
67-40 (a) “Animal” does not include the human race, but includes
67-41 every other living creature.
67-42 (b) “Torture” or “cruelty” includes every act, omission or
67-43 neglect, whereby unjustifiable physical pain, suffering or death is
67-44 caused or permitted.
68-1 Sec. 177. 1. Except as otherwise provided in this section, if
68-2 a child is adjudicated delinquent for the unlawful act of placing
68-3 graffiti on or otherwise defacing public or private property owned
68-4 or possessed by another person in violation of NRS 206.125 or
68-5 206.330, the juvenile court may:
68-6 (a) If the child possesses a driver’s license, issue an order
68-7 suspending the driver’s license of the child for at least 90 days but
68-8 not more than 2 years; or
68-9 (b) If the child does not possess a driver’s license and the child
68-10 is or will be eligible to receive a driver’s license within the 2 years
68-11 immediately following the date of the order, issue an order
68-12 prohibiting the child from receiving a driver’s license for a period
68-13 specified by the juvenile court which must be at least 90 days but
68-14 not more than 2 years:
68-15 (1) Immediately following the date of the order, if the child
68-16 is eligible to receive a driver’s license; or
68-17 (2) After the date the child will be eligible to receive a
68-18 driver’s license, if the child is not eligible to receive a license on
68-19 the date of the order.
68-20 2. If the child is already the subject of a court order
68-21 suspending or delaying the issuance of his driver’s license, the
68-22 juvenile court shall order the additional suspension or delay, as
68-23 appropriate, to apply consecutively with the previous order.
68-24 Sec. 178. Title 5 of NRS is hereby amended by adding thereto
68-25 a new chapter to consist of the provisions set forth as sections 179 to
68-26 192, inclusive, of this act.
68-27 Sec. 179. 1. If a child is adjudicated delinquent for an
68-28 unlawful act that, if committed by an adult, would have constituted
68-29 kidnapping in the first or second degree, false imprisonment,
68-30 burglary or invasion of the home, the juvenile court shall, at the
68-31 request of the district attorney, conduct a separate hearing to
68-32 determine whether the act was sexually motivated.
68-33 2. At the hearing, only evidence concerning the question of
68-34 whether the unlawful act was sexually motivated may be
68-35 presented.
68-36 3. After hearing the evidence, the juvenile court shall
68-37 determine whether the unlawful act was sexually motivated and
68-38 shall enter its finding in the record.
68-39 4. For the purposes of this section, an unlawful act is
68-40 “sexually motivated” if one of the purposes for which the child
68-41 committed the unlawful act was his sexual gratification.
68-42 Sec. 180. As used in sections 180 to 185, inclusive, of this
68-43 act, unless the context otherwise requires, “sexual offense”
68-44 means:
68-45 1. Sexual assault pursuant to NRS 200.366;
69-1 2. Battery with intent to commit sexual assault pursuant to
69-2 NRS 200.400;
69-3 3. An offense involving pornography and a minor pursuant to
69-4 NRS 200.710 to 200.730, inclusive;
69-5 4. Open or gross lewdness pursuant to NRS 201.210, if
69-6 punishable as a felony;
69-7 5. Indecent or obscene exposure pursuant to NRS 201.220, if
69-8 punishable as a felony;
69-9 6. Lewdness with a child pursuant to NRS 201.230;
69-10 7. Sexual penetration of a dead human body pursuant to
69-11 NRS 201.450;
69-12 8. Annoyance or molestation of a minor pursuant to NRS
69-13 207.260, if punishable as a felony; or
69-14 9. An attempt to commit an offense listed in this section, if
69-15 punishable as a felony.
69-16 Sec. 181. 1. In addition to any other action authorized or
69-17 required pursuant to the provisions of this title and except as
69-18 otherwise provided in section 185 of this act, if a child is
69-19 adjudicated delinquent for an unlawful act that would have been a
69-20 sexual offense if committed by an adult or is adjudicated
69-21 delinquent for a sexually motivated act, the juvenile court shall:
69-22 (a) Place the child under the supervision of a probation officer
69-23 or parole officer, as appropriate, for a period of not less than 3
69-24 years.
69-25 (b) Except as otherwise provided in sections 183 and 184 of
69-26 this act, prohibit the child from attending a public school or
69-27 private school that a victim of the sexual offense or the sexually
69-28 motivated act is attending for the period ordered by the juvenile
69-29 court pursuant to paragraph (a).
69-30 (c) Order the parent or guardian of the child to inform the
69-31 probation officer or parole officer, as appropriate, assigned to the
69-32 child each time the child expects to change the public school or
69-33 private school that the child is attending, not later than 20 days
69-34 before the expected date of the change.
69-35 (d) Order the parent or guardian of the child, to the extent of
69-36 his financial ability, to reimburse all or part of the additional costs
69-37 of transporting the child, if the costs are incurred by a county
69-38 school district pursuant to NRS 392.251 to 392.271, inclusive.
69-39 (e) Inform the parent or guardian of the child of the
69-40 requirements of sections 180 to 185, inclusive, of this act and NRS
69-41 392.251 to 392.271, inclusive, and 394.162 to 394.167, inclusive.
69-42 2. The juvenile court may authorize a superintendent of a
69-43 county school district or the executive head of a private school
69-44 who receives notification from a probation officer or parole
69-45 officer, as appropriate, pursuant to section 182 of this act to
69-46 inform other appropriate educational personnel that the child has
70-1 been adjudicated delinquent for a sexual offense or a sexually
70-2 motivated act.
70-3 3. Except as otherwise provided in section 185 of this act,
70-4 the juvenile court may not terminate its jurisdiction concerning
70-5 the child for the purposes of carrying out the provisions of
70-6 sections 180 to 185, inclusive, of this act for the period ordered by
70-7 the juvenile court pursuant to paragraph (a) of subsection 1.
70-8 Sec. 182. 1. If a child has been adjudicated delinquent for
70-9 a sexual offense or a sexually motivated act, the probation officer
70-10 or parole officer, as appropriate, assigned to the child shall
70-11 provide notice that the child has been adjudicated delinquent for a
70-12 sexual offense or a sexually motivated act to:
70-13 (a) The superintendent of the county school district in which
70-14 the child resides; or
70-15 (b) If the child is attending a private school within this state,
70-16 the executive head of the private school.
70-17 2. If the probation officer or parole officer, as appropriate,
70-18 assigned to the child is informed by the parent or guardian of the
70-19 child that the child expects to change the public school or private
70-20 school that the child is attending or if the probation officer or
70-21 parole officer otherwise becomes aware of such a change, the
70-22 probation officer or parole officer shall provide notification that
70-23 the child has been adjudicated delinquent for a sexual offense or a
70-24 sexually motivated act to:
70-25 (a) The superintendent of the county school district in which
70-26 the child is or will be residing; or
70-27 (b) If the child is or will be attending a private school within
70-28 this state, the executive head of the private school.
70-29 3. Notification provided pursuant to this section must include
70-30 the name of each victim of a sexual offense or a sexually
70-31 motivated act committed by the child if the victim is attending a
70-32 public school or private school within this state.
70-33 Sec. 183. 1. The juvenile court may permit a child who has
70-34 been adjudicated delinquent for a sexual offense or a sexually
70-35 motivated act to attend a public school or private school that a
70-36 victim of the sexual offense or the sexually motivated act is
70-37 attending if, upon the request of the child, the superintendent of
70-38 the county school district or the executive head of the private
70-39 school:
70-40 (a) The juvenile court develops and approves an alternative
70-41 plan of supervision for the child that protects the safety and the
70-42 interests of the victim;
70-43 (b) The victim and the parent or guardian of the victim
70-44 consent, in writing, to the plan;
71-1 (c) The superintendent of the county school district or the
71-2 executive head of the private school consents, in writing, to
71-3 the plan; and
71-4 (d) The child and the parent or guardian of the child agree, in
71-5 writing, to comply with the conditions of the plan.
71-6 2. As part of an alternative plan of supervision, the juvenile
71-7 court shall impose reasonable conditions on the child and, if
71-8 necessary to facilitate the alternative plan, on the parent or
71-9 guardian of the child. The conditions must be designed to protect
71-10 the safety and the interests of the victim and to ensure that the
71-11 child complies with the plan.
71-12 3. Upon its own motion or upon a request from the district
71-13 attorney, the victim, the parent or guardian of the victim or the
71-14 probation officer or parole officer, as appropriate, assigned to
71-15 the child, the juvenile court may modify or rescind the alternative
71-16 plan of supervision or a condition of the alternative plan after
71-17 providing notice and an opportunity to be heard to the child, the
71-18 parent or guardian of the child, the district attorney and the
71-19 parties who consented to the alternative plan. If a proposed
71-20 modification is reasonably likely to increase contact between
71-21 the victim and the child, the juvenile court may not make the
71-22 modification without the written consent of the victim and the
71-23 parent or guardian of the victim. If the juvenile court rescinds
71-24 the alternative plan of supervision, the child is subject to the
71-25 provisions of sections 180 to 185, inclusive, of this act as if
71-26 the alternative plan had not existed.
71-27 4. Before the juvenile court accepts the written consent of the
71-28 victim and the parent or guardian of the victim pursuant to this
71-29 section, the juvenile court shall inform them of their right to
71-30 withhold consent and, except as otherwise provided in section 184
71-31 of this act, their right to have the child not attend the public school
71-32 or private school the victim is attending.
71-33 Sec. 184. 1. If the juvenile court does not approve an
71-34 alternative plan of supervision pursuant to section 183 of this act
71-35 for a child who has been adjudicated delinquent for a sexual
71-36 offense or a sexually motivated act, the superintendent of the
71-37 county school district or the executive head of the private school
71-38 may request that the juvenile court approve an alternative plan of
71-39 attendance for the child.
71-40 2. An alternative plan of attendance:
71-41 (a) Must be designed to prevent contact between the victim and
71-42 the child during school hours and during extracurricular activities
71-43 conducted on school grounds; and
71-44 (b) Must not interfere with or alter the schedule of classes or
71-45 the extracurricular activities of the victim.
72-1 3. Before approving an alternative plan of attendance, the
72-2 juvenile court shall provide notice and an opportunity to be heard
72-3 to the child, the parent or guardian of the child, the district
72-4 attorney, the victim and the parent or guardian of the victim.
72-5 4. If the juvenile court approves an alternative plan of
72-6 attendance, the district attorney, the victim or the parent or
72-7 guardian of the victim may petition the juvenile court to modify or
72-8 rescind the alternative plan on the basis that:
72-9 (a) The alternative plan is not protecting the safety or the
72-10 interests of the victim; or
72-11 (b) The child or the public school or private school is not
72-12 complying with the alternative plan.
72-13 5. Upon receiving a petition to modify or rescind an
72-14 alternative plan of attendance, the juvenile court may modify or
72-15 rescind the alternative plan after providing notice and an
72-16 opportunity to be heard to the child, the parent or guardian of the
72-17 child, the district attorney, the victim, the parent or guardian of
72-18 the victim and the superintendent of the county school district or
72-19 the executive head of the private school.
72-20 6. If the juvenile court rescinds the alternative plan of
72-21 attendance, the child is subject to the provisions of sections 180 to
72-22 185, inclusive, of this act as if the alternative plan had not existed.
72-23 Sec. 185. 1. A probation officer or parole officer, as
72-24 appropriate, assigned to a child who is subject to the provisions of
72-25 sections 180 to 185, inclusive, of this act may submit a petition to
72-26 the juvenile court requesting that the court terminate the
72-27 applicability of the provisions of sections 180 to 185, inclusive, of
72-28 this act with respect to the child if:
72-29 (a) At the time the child committed the sexual offense or the
72-30 sexually motivated act for which the child was adjudicated
72-31 delinquent, the child and the victim of the sexual offense or
72-32 sexually motivated act were members of the same family or
72-33 household;
72-34 (b) The child has complied with the terms and conditions of
72-35 his probation or parole, including, but not limited to, the
72-36 completion of any counseling in which the child was ordered to
72-37 participate;
72-38 (c) The child’s counselor recommends, in writing, that the
72-39 juvenile court terminate the applicability of the provisions of
72-40 sections 180 to 185, inclusive, of this act with respect to the child
72-41 to allow the reunification of the family or household; and
72-42 (d) The victim and the parent or guardian of the victim
72-43 consent, in writing, to the termination of the applicability of the
72-44 provisions of sections 180 to 185, inclusive, of this act with respect
72-45 to the child to allow the reunification of the family or household.
73-1 2. If the juvenile court grants a petition requested pursuant to
73-2 this section, the juvenile court shall provide written notice to the
73-3 public school or private school which the child is attending that
73-4 the juvenile court has terminated the applicability of the
73-5 provisions of sections 180 to 185, inclusive, of this act with respect
73-6 to the child.
73-7 Sec. 186. As used in sections 186 to 192, inclusive, of this act
73-8 unless the context otherwise requires, “sexual offense” means:
73-9 1. Sexual assault pursuant to NRS 200.366;
73-10 2. Battery with intent to commit sexual assault pursuant to
73-11 NRS 200.400;
73-12 3. An offense involving pornography and a minor pursuant to
73-13 NRS 200.710 or 200.720;
73-14 4. Lewdness with a child pursuant to NRS 201.230; or
73-15 5. An attempt to commit an offense listed in this section.
73-16 Sec. 187. Except as otherwise provided in subsection 2 of
73-17 section 192 of this act, the provisions of sections 186 to 192,
73-18 inclusive, of this act do not apply to a child who is subject to
73-19 registration and community notification pursuant to NRS
73-20 179D.350 to 179D.800, inclusive, before reaching 21 years of age.
73-21 Sec. 188. 1. In addition to any other action authorized or
73-22 required pursuant to the provisions of this title, if a child is
73-23 adjudicated delinquent for an unlawful act that would have been a
73-24 sexual offense if committed by an adult or is adjudicated
73-25 delinquent for a sexually motivated act, the juvenile court shall:
73-26 (a) Notify the Attorney General of the adjudication, so the
73-27 Attorney General may arrange for the assessment of the risk of
73-28 recidivism of the child pursuant to the guidelines and procedures
73-29 for community notification;
73-30 (b) Place the child under the supervision of a probation officer
73-31 or parole officer, as appropriate, for a period of not less than 3
73-32 years;
73-33 (c) Inform the child and the parent or guardian of the child
73-34 that the child is subject to community notification as a juvenile sex
73-35 offender and may be subject to registration and community
73-36 notification as an adult sex offender pursuant to section 191 of
73-37 this act; and
73-38 (d) Order the child, and the parent or guardian of the child
73-39 during the minority of the child, while the child is subject to
73-40 community notification as a juvenile sex offender, to inform the
73-41 probation officer or parole officer, as appropriate, assigned to the
73-42 child of a change of the address at which the child resides not
73-43 later than 48 hours after the change of address.
73-44 2. The juvenile court may not terminate its jurisdiction
73-45 concerning the child for the purposes of carrying out the
73-46 provisions of sections 186 to 192, inclusive, of this act until the
74-1 child is no longer subject to community notification as a juvenile
74-2 sex offender pursuant to sections 186 to 192, inclusive, of this act.
74-3 Sec. 189. 1. If a child has been adjudicated delinquent for
74-4 a sexual offense or a sexually motivated act, the probation officer
74-5 or parole officer, as appropriate, assigned to the child shall notify
74-6 the local law enforcement agency in whose jurisdiction the child
74-7 resides that the child:
74-8 (a) Has been adjudicated delinquent for a sexual offense or a
74-9 sexually motivated act; and
74-10 (b) Is subject to community notification as a juvenile sex
74-11 offender.
74-12 2. If the probation officer or parole officer, as appropriate,
74-13 assigned to the child is informed by the child or the parent or
74-14 guardian of the child that the child has changed the address at
74-15 which the child resides or if the probation officer or parole officer
74-16 otherwise becomes aware of such a change, the probation officer
74-17 or parole officer shall notify:
74-18 (a) The local law enforcement agency in whose jurisdiction the
74-19 child last resided that the child has moved; and
74-20 (b) The local law enforcement agency in whose jurisdiction the
74-21 child is now residing that the child:
74-22 (1) Has been adjudicated delinquent for a sexual offense or
74-23 a sexually motivated act; and
74-24 (2) Is subject to community notification as a juvenile sex
74-25 offender.
74-26 Sec. 190. 1. If a child who has been adjudicated delinquent
74-27 for a sexual offense or a sexually motivated act has not previously
74-28 been relieved of being subject to community notification as a
74-29 juvenile sex offender, the juvenile court may, at any appropriate
74-30 time, hold a hearing to determine whether the child should be
74-31 relieved of being subject to community notification as a juvenile
74-32 sex offender.
74-33 2. If the juvenile court determines at the hearing that the
74-34 child has been rehabilitated to the satisfaction of the juvenile court
74-35 and that the child is not likely to pose a threat to the safety of
74-36 others, the juvenile court may relieve the child of being subject to
74-37 community notification as a juvenile sex offender.
74-38 Sec. 191. Except as otherwise provided in sections 186 to
74-39 192, inclusive, of this act:
74-40 1. If a child who has been adjudicated delinquent for a sexual
74-41 offense or a sexually motivated act is not relieved of being subject
74-42 to community notification as a juvenile sex offender before the
74-43 child reaches 21 years of age, the juvenile court shall hold a
74-44 hearing when the child reaches 21 years of age to determine
74-45 whether the child should be deemed an adult sex offender for the
75-1 purposes of registration and community notification pursuant to
75-2 NRS 179D.350 to 179D.800, inclusive.
75-3 2. If the juvenile court determines at the hearing that the
75-4 child has been rehabilitated to the satisfaction of the juvenile court
75-5 and that the child is not likely to pose a threat to the safety of
75-6 others, the juvenile court shall relieve the child of being subject to
75-7 community notification.
75-8 3. If the juvenile court determines at the hearing that the
75-9 child has not been rehabilitated to the satisfaction of the juvenile
75-10 court or that the child is likely to pose a threat to the safety of
75-11 others, the juvenile court shall deem the child to be an adult sex
75-12 offender for the purposes of registration and community
75-13 notification pursuant to NRS 179D.350 to 179D.800, inclusive.
75-14 4. If a child is deemed to be an adult sex offender pursuant to
75-15 this section, the juvenile court shall notify the Central Repository
75-16 so the Central Repository may carry out the provisions for
75-17 registration of the child as an adult sex offender pursuant to
75-18 NRS 179D.450.
75-19 Sec. 192. 1. The records relating to a child must not be
75-20 sealed pursuant to the provisions of sections 218 to 225, inclusive,
75-21 of this act while the child is subject to community notification as a
75-22 juvenile sex offender.
75-23 2. If a child is deemed to be an adult sex offender pursuant to
75-24 section 191 of this act, is convicted of a sexual offense, as defined
75-25 in NRS 179D.410, before reaching 21 years of age or is otherwise
75-26 subject to registration and community notification pursuant to
75-27 NRS 179D.350 to 179D.800, inclusive, before reaching 21 years of
75-28 age:
75-29 (a) The records relating to the child must not be sealed
75-30 pursuant to the provisions of sections 218 to 225, inclusive, of this
75-31 act; and
75-32 (b) Each delinquent act committed by the child that would
75-33 have been a sexual offense, as defined in NRS 179D.410 if
75-34 committed by an adult, shall be deemed to be a criminal conviction
75-35 for the purposes of:
75-36 (1) Registration and community notification pursuant to
75-37 NRS 179D.350 to 179D.800, inclusive; and
75-38 (2) The statewide registry established within the Central
75-39 Repository pursuant to chapter 179B of NRS.
75-40 Sec. 193. Title 5 of NRS is hereby amended by adding thereto
75-41 a new chapter to consist of the provisions set forth as sections 194 to
75-42 201, inclusive, of this act.
76-1 Sec. 194. As used in this chapter, “special supervision
76-2 program” means a probation program established in any county
76-3 which meets the standards prescribed by this chapter for the
76-4 rehabilitation of delinquent children and which includes:
76-5 1. A degree of supervision substantially above the usual; and
76-6 2. The use of new techniques rather than routine supervision
76-7 techniques.
76-8 Sec. 195. 1. It is the policy of this state to rehabilitate
76-9 delinquent children, to effect a more even administration of justice
76-10 and to increase the public welfare of the citizens of this state.
76-11 2. It is the purpose of this chapter to reduce the necessity for
76-12 commitment of delinquent children to a state facility for the
76-13 detention of children by strengthening and improving local
76-14 supervision of children placed on probation by the juvenile court.
76-15 Sec. 196. 1. The Department of Human Resources shall
76-16 adopt:
76-17 (a) Rules and regulations setting forth minimum standards for
76-18 the operation of special supervision programs; and
76-19 (b) Other rules as may be necessary for the administration of
76-20 the provisions of this chapter.
76-21 2. The standards must be sufficiently flexible to foster the
76-22 development of new and improved supervision practices and
76-23 techniques.
76-24 3. In developing the standards, the Department of Human
76-25 Resources shall seek advice from the appropriate officials in those
76-26 counties that participate in a special supervision program.
76-27 Sec. 197. From any legislative appropriation for such
76-28 purpose and in accordance with the provisions of this chapter, the
76-29 State of Nevada shall share the costs of supervising any delinquent
76-30 child:
76-31 1. Who is supervised pursuant to a special supervision
76-32 program; and
76-33 2. Who would otherwise be committed to a state facility for
76-34 the detention of children.
76-35 Sec. 198. 1. The juvenile court in each county may apply to
76-36 the Department of Human Resources to have the State of Nevada
76-37 share the costs of supervising any delinquent child in a special
76-38 supervision program.
76-39 2. The application must:
76-40 (a) Be in the form prescribed by the Department of Human
76-41 Resources;
76-42 (b) Include a plan or plans for providing special supervision
76-43 programs; and
76-44 (c) Include assurances that such funds will not be used to
76-45 replace local funds for existing programs for delinquent children.
77-1 3. The Department of Human Resources shall not distribute
77-2 any money to a juvenile court pursuant to the provisions of this
77-3 chapter until:
77-4 (a) The Department approves the application of the juvenile
77-5 court; and
77-6 (b) The juvenile court has complied with the provisions of this
77-7 chapter.
77-8 Sec. 199. 1. The Department of Human Resources shall
77-9 determine the applicable costs to the State of Nevada in
77-10 calculating the amount of money to be distributed to each juvenile
77-11 court.
77-12 2. The Department of Human Resources shall distribute
77-13 money to each juvenile court proportionately on the basis of:
77-14 (a) The population of the county within the jurisdiction of the
77-15 juvenile court; and
77-16 (b) Any other factors that the Department determines to be
77-17 relevant in accordance with the regulations adopted pursuant to
77-18 the provisions of this chapter.
77-19 3. If a juvenile court does not submit an application to the
77-20 Department of Human Resources pursuant to the provisions of
77-21 this chapter, the Department may distribute the proportionate
77-22 share that otherwise would have been distributed to that juvenile
77-23 court to other juvenile courts in accordance with the regulations