[Rev. 11/21/2013 9:43:41 AM--2013]

CHAPTER 129 - MINORS’ DISABILITIES; JUDICIAL EMANCIPATION OF MINORS

MINORS’ DISABILITIES

NRS 129.010           Age of majority.

NRS 129.020           Disability of minority removed in connection with any transaction entered into pursuant to Servicemen’s Readjustment Act of 1944.

NRS 129.030           Consent for examination and treatment.

NRS 129.040           When person standing in loco parentis may give consent for minor’s emergency hospitalization or medical attention.

NRS 129.050           Abuse of controlled substance: Treatment authorized without consent of parent or guardian under certain circumstances.

NRS 129.060           Sexually transmitted disease: Examination or treatment authorized without consent of parent or guardian.

JUDICIAL EMANCIPATION OF MINORS

NRS 129.080           Minor may petition juvenile court for decree of emancipation; reference to master.

NRS 129.090           Petition: Contents; fees.

NRS 129.100           Notice of filing of petition: Form.

NRS 129.110           Persons to be served with notice; manner of service; hearing on petition.

NRS 129.120           Hearing: Duties and powers of court; considerations in grant or denial of petition.

NRS 129.130           Decree of emancipation: Effect; petition to void decree.

NRS 129.140           Method not exclusive.

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MINORS’ DISABILITIES

      NRS 129.010  Age of majority.  All persons of the age of 18 years who are under no legal disability, and all persons who have been declared emancipated pursuant to NRS 129.080 to 129.140, inclusive, are capable of entering into any contract, and are, to all intents and purposes, held and considered to be of lawful age.

      [1:19:1861; B § 323; BH § 4943; C § 5000; RL § 431; NCL § 300]—(NRS A 1971, 455; 1973, 1578; 1987, 1281)

      NRS 129.020  Disability of minority removed in connection with any transaction entered into pursuant to Servicemen’s Readjustment Act of 1944.

      1.  The disability of minority of any person otherwise eligible for guaranty or insurance of a loan pursuant to the Servicemen’s Readjustment Act of 1944, as amended (38 U.S.C. §§ 3701 et seq.), and of the minor spouse of any eligible veteran, irrespective of his or her age, in connection with any transaction entered into pursuant to that Act, as amended, is hereby removed for all purposes in connection with such transactions, including, but not limited to, incurring of indebtedness or obligations, acquiring, encumbering, selling, releasing or conveying property or any interest therein, and litigating or settling controversies arising therefrom, if all or part of any obligations incident to such transaction are guaranteed or insured by the Secretary of Veterans Affairs pursuant to such Act.

      2.  This section must not be construed to impose any other or greater rights or liabilities than would exist if such person and such spouse were under no such disability.

      [1:24:1947; 1943 NCL § 6879.18]—(NRS A 1995, 1076)

      NRS 129.030  Consent for examination and treatment.

      1.  Except as otherwise provided in NRS 450B.525, a minor may give consent for the services provided in subsection 2 for himself or herself or for his or her child, if the minor is:

      (a) Living apart from his or her parents or legal guardian, with or without the consent of the parent, parents or legal guardian, and has so lived for a period of at least 4 months;

      (b) Married or has been married;

      (c) A mother, or has borne a child; or

      (d) In a physician’s judgment, in danger of suffering a serious health hazard if health care services are not provided.

      2.  Except as otherwise provided in subsection 4 and NRS 449.6942 and 450B.525, the consent of the parent or parents or the legal guardian of a minor is not necessary for a local or state health officer, board of health, licensed physician or public or private hospital to examine or provide treatment for any minor, included within the provisions of subsection 1, who understands the nature and purpose of the proposed examination or treatment and its probable outcome, and voluntarily requests it. The consent of the minor to examination or treatment pursuant to this subsection is not subject to disaffirmance because of minority.

      3.  A person who treats a minor pursuant to subsection 2 shall, before initiating treatment, make prudent and reasonable efforts to obtain the consent of the minor to communicate with his or her parent, parents or legal guardian, and shall make a note of such efforts in the record of the minor’s care. If the person believes that such efforts would jeopardize treatment necessary to the minor’s life or necessary to avoid a serious and immediate threat to the minor’s health, the person may omit such efforts and note the reasons for the omission in the record.

      4.  A minor may not consent to his or her sterilization.

      5.  In the absence of negligence, no person providing services pursuant to subsection 2 is subject to civil or criminal liability for providing those services.

      6.  The parent, parents or legal guardian of a minor who receives services pursuant to subsection 2 are not liable for the payment for those services unless the parent, parents or legal guardian has consented to such health care services. The provisions of this subsection do not relieve a parent, parents or legal guardian from liability for payment for emergency services provided to a minor pursuant to NRS 129.040.

      (Added to NRS by 1965, 170; A 1971, 1334; 1973, 25, 1521; 1975, 1475; 1977, 185; 1981, 1164; 2001, 820; 2013, 2293)

      NRS 129.040  When person standing in loco parentis may give consent for minor’s emergency hospitalization or medical attention.  Notwithstanding any other provision of law, in cases of emergency in which a minor is in need of immediate hospitalization, medical attention or surgery and, after reasonable efforts made under the circumstances, the parents of such minor cannot be located for the purpose of consenting thereto, consent for such emergency attention may be given by any person standing in loco parentis to such minor.

      (Added to NRS by 1965, 170)

      NRS 129.050  Abuse of controlled substance: Treatment authorized without consent of parent or guardian under certain circumstances.

      1.  Except as otherwise provided in NRS 449.6942 and 450B.525, any minor who is under the influence of, or suspected of being under the influence of, a controlled substance:

      (a) May give express consent; or

      (b) If unable to give express consent, shall be deemed to consent,

Ê to the furnishing of hospital, medical, surgical or other care for the treatment of abuse of drugs or related illnesses by any public or private hospital, medical facility, facility for the dependent, other than a halfway house for alcohol and drug abusers, or any licensed physician, and the consent of the minor is not subject to disaffirmance because of minority.

      2.  Immunity from civil or criminal liability extends to any physician or other person rendering care or treatment pursuant to subsection 1, in the absence of negligent diagnosis, care or treatment.

      3.  The consent of the parent, parents or legal guardian of the minor is not necessary to authorize such care, but any physician who treats a minor pursuant to this section shall make every reasonable effort to report the fact of treatment to the parent, parents or legal guardian within a reasonable time after treatment.

      (Added to NRS by 1971, 1333; A 1973, 26, 1521; 1975, 1476; 1977, 956; 1985, 1755; 1987, 1547; 2001, 820, 2521; 2003, 179; 2013, 2294)

      NRS 129.060  Sexually transmitted disease: Examination or treatment authorized without consent of parent or guardian.  Notwithstanding any other provision of law, the consent of the parent, parents or legal guardian of a minor is not necessary in order to authorize a local or state health officer, licensed physician or clinic to examine or treat, or both, any minor who is suspected of being infected or is found to be infected with any sexually transmitted disease.

      (Added to NRS by 1971, 121; A 1989, 301)

JUDICIAL EMANCIPATION OF MINORS

      NRS 129.080  Minor may petition juvenile court for decree of emancipation; reference to master.  Any minor who is at least 16 years of age, who is married or living apart from his or her parents or legal guardian, and who is a resident of the county, may petition the juvenile court of that county for a decree of emancipation. The district court may refer the petition to a master appointed pursuant to title 5 of NRS or chapter 432B of NRS.

      (Added to NRS by 1987, 1278; A 1991, 2180; 2003, 1117)

      NRS 129.090  Petition: Contents; fees.

      1.  A petition filed pursuant to NRS 129.080 must be in writing, verified by the petitioner and set forth:

      (a) The name, age and address of the minor;

      (b) The names and addresses of the parents of the minor;

      (c) The name and address of any legal guardian of the minor;

      (d) If no parent or guardian can be found, the name and address of the child’s nearest known relative residing within this state;

      (e) Facts relating to the minor’s education, employment, and length of residence apart from his or her parents or guardian;

      (f) That the minor willingly lives apart from his or her parents or legal guardian with the consent or acquiescence of his or her parents or legal guardian;

      (g) That the minor is managing his or her own financial affairs;

      (h) That the source of the minor’s income is not derived from any activity declared to be a crime by the laws of this state or the United States; and

      (i) That the minor is attending school or has been excused from attending school pursuant to NRS 392.040 to 392.125, inclusive.

      2.  If any of the facts required by subsection 1 are not known, the petition must so state.

      3.  For filing the petition, the clerk of the district court shall charge the fees prescribed by law for the commencement of civil actions or proceedings generally.

      (Added to NRS by 1987, 1278)

      NRS 129.100  Notice of filing of petition: Form.

      1.  After a petition has been filed, unless the person to be served voluntarily appears and consents to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition, stating the time and date set for the hearing of the petition, and requiring the person served with the notice to appear before the court at the hearing if the person desires to oppose the petition.

      2.  The notice issued pursuant to subsection 1 must be in substantially the following form:

 

In the ................................ Judicial District Court of the State of Nevada,

in and for the County of ................................

 

In the matter of the emancipation

of ................................, a minor.

 

Notice

 

       To ................................, the father or ................................, the mother of the above-named minor; or, to the father and mother of the above-named minor; or, to ................................, the legal guardian of the above-named minor; or, to ................................, related to the above-named minor as ...............................:

       You are hereby notified that there has been filed in the above-entitled court a petition praying for the emancipation of the above-named minor person, and that the petition has been set for hearing before this court, at the courtroom thereof, at ................................, in the County of ................................, on the .......... day of the month of ………. of the year ....... at .......... o’clock ...m., at which time and place you are required to be present if you desire to oppose the petition.

 

       Dated ............. (month) ………. (day) …… (year)

 

                                                                   .......................................................................

                                                                                          Clerk of court

(SEAL)

                                                                   By..................................................................

                                                                                                Deputy

 

      (Added to NRS by 1987, 1278; A 2001, 35)

      NRS 129.110  Persons to be served with notice; manner of service; hearing on petition.

      1.  A copy of the notice issued pursuant to NRS 129.100, together with a copy of the petition, must be served upon:

      (a) The parents or legal guardian of the minor or, if the parents or legal guardian cannot be found, the nearest known relative of the minor residing within this State, if any;

      (b) The legal custodian of the minor, if any;

      (c) The appropriate probation officer or parole officer for his or her review and recommendation if the minor is subject to the jurisdiction of the court pursuant to title 5 of NRS; and

      (d) The district attorney of the county in which the matter is to be heard.

      2.  Service of the notice and petition may be made in any manner permitted by N.R.C.P. 4. Return of service must be made as provided by that rule. Evidence must be presented to the court if addresses of those required to be served are unknown or for any other reason notice cannot be given.

      3.  The court shall hold a hearing on all petitions filed pursuant to NRS 129.080 to 129.140, inclusive.

      (Added to NRS by 1987, 1279; A 2003, 1117)

      NRS 129.120  Hearing: Duties and powers of court; considerations in grant or denial of petition.

      1.  At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition.

      2.  At the hearing of the petition, the court shall address the petitioner personally and advise the petitioner of the consequences of emancipation, as described in NRS 129.130.

      3.  The court may request copies of records in the custody of the school district, the probation office, the Division of Child and Family Services of the Department of Health and Human Services or any other public or private agency to assist in making its determination. The court may further request a recommendation from the probation officer, the Division of Child and Family Services or any other public or private agency that may have communicated with the minor regarding the petition.

      4.  The grant or denial of the petition is a matter within the discretion of the court. In making its determination, the court shall consider:

      (a) Whether the parents or guardian of the minor have consented to emancipation;

      (b) Whether the minor is substantially able to support himself or herself without financial assistance;

      (c) Whether the minor is sufficiently mature and knowledgeable to manage his or her affairs without the guidance of the minor’s parents or guardian; and

      (d) Whether emancipation is in the best interest of the minor.

      (Added to NRS by 1987, 1279; A 1993, 2691)

      NRS 129.130  Decree of emancipation: Effect; petition to void decree.

      1.  If the court determines that the petition should be granted, it shall enter a decree of emancipation.

      2.  A decree so entered is conclusive and binding.

      3.  Such a decree emancipates the minor for all purposes and removes the disability of minority of the minor insofar as that disability may affect:

      (a) The incurring of indebtedness or contractual obligations of any kind;

      (b) The litigation and settlement of controversies;

      (c) The acquiring, encumbering and conveying of property or any interest therein;

      (d) The consenting to medical, dental or psychiatric care without parental consent, knowledge or liability;

      (e) The enrolling in any school or college; and

      (f) The establishment of the minor’s own residence.

Ê For these purposes, the minor shall be considered in law as an adult, and any obligation the minor incurs is enforceable by and against the minor without regard to his or her minority.

      4.  Unless otherwise provided by the decree, the obligation of support otherwise owed a minor by his or her parent or guardian is terminated by the entry of the decree.

      5.  Except as otherwise provided in this section, a decree of emancipation does not affect the status of the minor for any purpose, including the applicability of any provision of law which:

      (a) Prohibits the sale, purchase or consumption of intoxicating liquor to or by a person under the age of 21 years;

      (b) Prohibits gaming or employment in gaming by or of a person under the age of 21 years;

      (c) Restricts the ability to marry of a person under the age of 18 years;

      (d) Governs matters relating to referrals for delinquent acts or violations of NRS 392.040 to 392.125, inclusive, unless the minor has been certified for trial as an adult pursuant to title 5 of NRS; or

      (e) Imposes penalties or regulates conduct according to the age of any person.

      6.  A petition may be filed by any person or by any public agency to void a decree of emancipation on the following grounds:

      (a) The minor has become indigent and has insufficient means of support; or

      (b) The decree of emancipation was obtained by fraud, misrepresentation or the withholding of material information.

      7.  The voiding of any decree of emancipation must not alter any contractual obligations or rights or any property rights or interests which arose during the period that the decree was in effect.

      (Added to NRS by 1987, 1280; A 1991, 2180; 2003, 1117)

      NRS 129.140  Method not exclusive.  The method of emancipation of a minor provided for in NRS 129.080 to 129.130, inclusive, is in addition to and not in substitution of, any other method of emancipation provided by statute or common law.

      (Added to NRS by 1987, 1281)