USA Statutes : nevada
Title : Title 05 - JUVENILE JUSTICE
Chapter : CHAPTER 62A - GENERAL PROVISIONS
As used in this title, unless the
context otherwise requires, the words and terms defined in NRS 62A.020
to 62A.350 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2003, 1023 )
“Central Repository”
means the Central Repository for Nevada Records of Criminal History.
(Added to NRS by 2003, 1023 )
1. “Child” means:
(a) A person who is less than 18 years of age;
(b) A person who is less than 21 years of age and subject to the
jurisdiction of the juvenile court for an unlawful act that was committed
before the person reached 18 years of age; or
(c) A person who is otherwise subject to the jurisdiction of the
juvenile court as a juvenile sex offender pursuant to the provisions of
NRS 62F.200 to 62F.260 , inclusive.
2. The term does not include a person who is excluded from the
jurisdiction of the juvenile court pursuant to NRS 62B.330 or a person who is certified for criminal
proceedings as an adult pursuant to NRS 62B.390 or 62B.400 .
(Added to NRS by 2003, 1023 )
“Child in
need of supervision” means a child who is adjudicated to be in need of
supervision pursuant to the provisions of this title.
(Added to NRS by 2003, 1023 )
“Community
notification” means notification of a community pursuant to the
guidelines and procedures established by the Attorney General for
juvenile sex offenders pursuant to NRS 179D.800 .
(Added to NRS by 2003, 1023 )
1. “Community service” means community service performed in
accordance with NRS 62E.190 .
2. The term includes, but is not limited to, public service, work
on public projects, supervised work for the benefit of the community or
any other work required by the juvenile court.
(Added to NRS by 2003, 1023 )
“Delinquent child” means
a child who is adjudicated delinquent pursuant to the provisions of this
title.
(Added to NRS by 2003, 1023 )
“Director of
juvenile services” means:
1. In a judicial district that does not include a county whose
population is 100,000 or more, the chief probation officer who is
appointed pursuant to NRS 62G.050 ;
2. In a judicial district that includes a county whose population
is 100,000 or more but less than 400,000, the director of juvenile
services who is appointed pursuant to NRS 62G.130 ; or
3. In a judicial district that includes a county whose population
is 400,000 or more, the director of the department of juvenile justice
services who is appointed pursuant to NRS 62G.330 or who is appointed pursuant to NRS 62G.200
to 62G.240 , inclusive.
(Added to NRS by 2003, 1023 )
“Division of Child and Family Services” means the Division of Child and
Family Services of the Department of Health and Human Services.
(Added to NRS by 2003, 1024 )
“Division
of Parole and Probation” means the Division of Parole and Probation of
the Department of Public Safety.
(Added to NRS by 2003, 1024 )
“Evaluation center”
means a facility which is approved by the Health Division of the
Department of Health and Human Services to provide an evaluation of an
offender to a court to determine if the offender is an abuser of alcohol
or another drug. The term includes a facility operated by a court or
other governmental agency.
(Added to NRS by 2003, 1024 )
“Family division” means
the family division of the district court.
(Added to NRS by 2003, 1024 )
“Firearm” means any device
designed to be used as a weapon from which a projectile may be expelled
through the barrel by the force of any explosion or other form of
combustion.
(Added to NRS by 2003, 1024 )
“Guardian” means a person, other
than a parent or a state or local agency, who is legally responsible for
the care, custody or support of a child.
(Added to NRS by 2003, 1024 )
“Highway” means a street, road,
alley or thoroughfare of any kind used by the public.
(Added to NRS by 2003, 1024 )
“Indian child” has the
meaning ascribed to it in 25 U.S.C. § 1903.
(Added to NRS by 2003, 1024 )
“Indian Child
Welfare Act” means the Indian Child Welfare Act of 1978, 25 U.S.C. §§
1901 et seq.
(Added to NRS by 2003, 1024 )
1. “Juvenile court” means each district judge who is assigned to
serve as a judge of the juvenile court pursuant to NRS 62B.010 or court rule.
2. The term includes a master who is performing an act on behalf
of the juvenile court if:
(a) The juvenile court delegates authority to the master to perform
the act in accordance with the Constitution of the State of Nevada; and
(b) The master performs the act within the limits of the authority
delegated to the master.
(Added to NRS by 2003, 1024 )
“Local facility for the detention of children” means a local
facility for the detention or commitment of children which is
administered by a county.
(Added to NRS by 2003, 1024 )
“Local law
enforcement agency” means:
1. The sheriff’s office of a county;
2. A metropolitan police department; or
3. A police department of an incorporated city.
(Added to NRS by 2003, 1024 )
“Master of
the juvenile court” means a person who is appointed to act as a master of
the juvenile court pursuant to NRS 62B.020 .
(Added to NRS by 2003, 1024 )
“Minor traffic
offense” means a violation of any state or local law or ordinance
governing the operation of a motor vehicle upon any highway within this
State other than:
1. A violation of chapter 484 or 706 of NRS that causes the death of a person;
2. A violation of NRS 484.379 ; or
3. A violation declared to be a felony.
(Added to NRS by 2003, 1024 )
“Parent” means a natural parent,
adoptive parent or stepparent.
(Added to NRS by 2003, 1025 )
“Private school” includes
private elementary and secondary educational institutions. The term does
not include a home in which instruction is provided to a child who is
excused from compulsory attendance pursuant to subsection 1 of NRS
392.070 or a school or educational program that is conducted
exclusively for children who have been adjudicated delinquent.
(Added to NRS by 2003, 1025 )
“Property” includes real or
personal property.
(Added to NRS by 2003, 1025 )
“Public school” includes all
kindergartens and elementary schools, junior high schools and middle
schools, high schools, charter schools and any other schools, classes and
educational programs which receive their support through public taxation
and, except for charter schools, whose textbooks and courses of study are
under the control of the State Board of Education. The term does not
include a school or educational program that is conducted exclusively for
children who have been adjudicated delinquent.
(Added to NRS by 2003, 1025 )
“Qualified
professional” means:
1. A psychiatrist licensed to practice medicine in this state and
certified by the American Board of Psychiatry and Neurology, Inc.;
2. A psychologist licensed to practice in this state;
3. A social worker holding a master’s degree in social work and
licensed in this state as a clinical social worker;
4. A registered nurse holding a master’s degree in the field of
psychiatric nursing and licensed to practice professional nursing in this
state; or
5. A marriage and family therapist licensed in this state pursuant
to chapter 641A of NRS.
(Added to NRS by 2003, 1025 )
1. “Regional facility for the detention of children” means a
regional facility for the detention or commitment of children which is
administered by or for the benefit of more than one governmental entity.
2. The term includes, but is not limited to:
(a) The institution in Clark County known as Spring Mountain Youth
Camp;
(b) The institution in Douglas County known as China Spring Youth
Camp; and
(c) The institution in Lyon County known as Western Nevada Regional
Youth Facility.
3. The term does not include:
(a) Any local facility for the detention of children; or
(b) The Nevada Youth Training Center, the Caliente Youth Center or
any state facility for the detention of children.
(Added to NRS by 2003, 1025 )
“Restitution” means
restitution ordered by the juvenile court pursuant to NRS 62E.550 to 62E.610 , inclusive.
(Added to NRS by 2003, 1025 )
“School bus” includes every
motor vehicle owned by or under the control of a public or governmental
agency or a private school and regularly operated for the transportation
of children to or from school or a school activity or privately owned and
regularly operated for compensation for the transportation of children to
or from school or a school activity. The term does not include a
passenger car operated under a contract to transport children to and from
school, a common carrier or commercial vehicle under the jurisdiction of
the Surface Transportation Board or the Transportation Services Authority
when such a vehicle is operated in the regular conduct of its business in
interstate or intrastate commerce within the State of Nevada.
(Added to NRS by 2003, 1025 )
“Seal” means to place the records in
a separate file or other repository not accessible to the public.
(Added to NRS by 2003, 1026 )
“Sexually motivated
act” means an unlawful act that is determined to be sexually motivated
pursuant to NRS 62F.010 .
(Added to NRS by 2003, 1026 )
1. “State facility for the detention of children” means a state
facility for the detention or commitment of children which is
administered by the State of Nevada.
2. The term includes, but is not limited to, the Nevada Youth
Training Center and the Caliente Youth Center.
(Added to NRS by 2003, 1026 )
“Treatment facility”
means a facility for the treatment of abuse of alcohol or drugs that is
certified by the Health Division of the Department of Health and Human
Services.
(Added to NRS by 2003, 1026 )
“Youth Parole Bureau”
means the Youth Parole Bureau of the Division of Child and Family
Services.
(Added to NRS by 2003, 1026 )
The Legislature hereby
declares that:
1. This title must be liberally construed to the end that:
(a) Each child who is subject to the jurisdiction of the juvenile
court must receive such care, guidance and control, preferably in the
child’s own home, as will be conducive to the child’s welfare and the
best interests of this state; and
(b) When a child is removed from the control of the parent or
guardian of the child, the juvenile court shall secure for the child a
level of care which is equivalent as nearly as possible to the care that
should have been given to the child by the parent or guardian.
2. One of the purposes of this title is to promote the
establishment, supervision and implementation of preventive programs that
are designed to prevent a child from becoming subject to the jurisdiction
of the juvenile court.
(Added to NRS by 2003, 1026 )
Each public officer and agency shall, to the extent of
the jurisdictional power of the public officer or agency, render all
assistance and cooperation that may further the objects of this title.
(Added to NRS by 2003, 1026 )
1. In carrying out the objects and purposes of this title, the
juvenile court may use the services and facilities of the agency which
provides child welfare services.
2. The agency which provides child welfare services shall
determine the plans, placements and services to be provided to any child
pursuant to the provisions of this title, chapter 432 of NRS and NRS 432B.010 to 432B.400 , inclusive.
3. As used in this section, “agency which provides child welfare
services” means:
(a) In a county whose population is less than 100,000, the local
office of the Division of Child and Family Services; or
(b) In a county whose population is 100,000 or more, the agency of
the county,
Ê which provides or arranges for necessary child welfare services.
(Added to NRS by 2003, 1026 )
