USA Statutes : nevada
Title : Title 05 - JUVENILE JUSTICE
Chapter : CHAPTER 62B - GENERAL ADMINISTRATION; JURISDICTION
1. In any judicial district in which there are two or three
district judges, the district judges, by mutual consent, shall:
(a) Assign one district judge to serve as the judge of the juvenile
court for a period set by the district judges; or
(b) Divide the powers and duties set forth in this title among the
district judges as they see fit.
2. In a judicial district which does not include a county whose
population is 100,000 or more and in which there are four or more
district judges:
(a) The district judges, by mutual consent, shall assign one
district judge to serve as the judge of the juvenile court for a period
of 2 years; or
(b) If the district judges cannot agree, the Chief Justice of the
Supreme Court shall assign one district judge to serve as the judge of
the juvenile court for a period of 2 years.
3. If, for any reason, a district judge who is assigned to serve
as a judge of the juvenile court pursuant to this section is unable to
act, any other district judge of the judicial district may act
temporarily as a judge of the juvenile court during the period that the
district judge who is regularly assigned is unable to act.
4. Each district judge who is assigned to serve as a judge of the
juvenile court has all the powers and duties set forth in this title, and
the primary duty of the district judge is to administer the provisions of
this title.
(Added to NRS by 2003, 1027 )
1. Except as otherwise provided in this section, the juvenile
court or the chief judge of the judicial district may appoint any person
to act as a master of the juvenile court if the person is qualified by
previous experience, training and demonstrated interest in the welfare of
children to act as a master of the juvenile court.
2. A probation officer shall not act as a master of the juvenile
court unless the proceeding concerns:
(a) A minor traffic offense; or
(b) A child who is alleged to be a habitual truant.
3. If a person is appointed to act as a master of the juvenile
court, the person shall attend instruction at the National College of
Juvenile and Family Law in Reno, Nevada, in a course designed for the
training of new judges of the juvenile court on the first occasion when
such instruction is offered after the person is appointed.
4. If, for any reason, a master of the juvenile court is unable to
act, the juvenile court or the chief judge of the judicial district may
appoint another qualified person to act temporarily as a master of the
juvenile court during the period that the master who is regularly
appointed is unable to act.
5. The compensation of a master of the juvenile court:
(a) May not be taxed against the parties.
(b) Must be paid out of appropriations made for the expenses of the
district court, if the compensation is fixed by the juvenile court.
(Added to NRS by 2003, 1027 )
1. The juvenile court may order a master of the juvenile court to:
(a) Swear witnesses.
(b) Take evidence.
(c) Make findings of fact and recommendations.
(d) Conduct all proceedings before the master of the juvenile court
in the same manner as a district judge conducts proceedings in a district
court.
2. Not later than 10 days after the evidence before a master of
the juvenile court is closed, the master shall file with the juvenile
court:
(a) All papers relating to the case;
(b) Written findings of fact; and
(c) Written recommendations.
3. A master of the juvenile court shall provide to the parent or
guardian of the child, the attorney for the child, the district attorney,
and any other person concerned, written notice of:
(a) The master’s findings of fact;
(b) The master’s recommendations;
(c) The right to object to the master’s recommendations; and
(d) The right to request a hearing de novo before the juvenile
court as provided in subsection 4.
4. After reviewing the recommendations of a master of the juvenile
court and any objection to the master’s recommendations, the juvenile
court shall:
(a) Approve the master’s recommendations, in whole or in part, and
order the recommended disposition;
(b) Reject the master’s recommendations, in whole or in part, and
order such relief as may be appropriate; or
(c) Direct a hearing de novo before the juvenile court if, not
later than 5 days after the master provides notice of the master’s
recommendations, a person who is entitled to such notice files with the
juvenile court a request for a hearing de novo before the juvenile court.
5. A recommendation of a master of the juvenile court is not
effective until expressly approved by the juvenile court as evidenced by
the signature of a judge of the juvenile court.
(Added to NRS by 2003, 1028 )
1. In any county where it is deemed advisable, the juvenile court
may establish a youth services commission.
2. Each youth services commission must consist of five persons
appointed by the juvenile court.
3. In conjunction with the Division of Child and Family Services,
the youth services commission shall advise the juvenile court, the
Legislature, the Governor and the governing bodies of each city and the
county to:
(a) Determine the extent to which various departments, agencies and
organizations may wish to cooperate in a common effort to coordinate
their existing programs and develop new programs to reduce the incidence
of juvenile delinquency;
(b) Develop necessary formal agreements among those departments,
agencies and organizations, including agreements involving the joint
exercise of power;
(c) Initiate, where feasible, other special projects for the
prevention of delinquency through the use and coordination of existing
resources within the community; and
(d) Seek and secure money and resources to carry out the purposes
of the youth services commission.
(Added to NRS by 2003, 1032 )
Fiscal Administration
1. All expenses incurred in complying with the provisions of this
title are a charge against the county, except for expenses that must be
paid by the State of Nevada pursuant to the provisions of chapter 63
of NRS or a specific statute.
2. Except as otherwise provided in subsection 3, within the limits
provided by the board of county commissioners, the juvenile court shall
fix the salaries, expenses and other compensation of masters of the
juvenile court, probation officers and all employees of the juvenile
court.
3. If the board of county commissioners has established a
department of juvenile justice services by ordinance pursuant to NRS
62G.200 to 62G.240 , inclusive, the board of county
commissioners shall fix the salaries, expenses and other compensation of
probation officers, assistant probation officers and all employees of the
department of juvenile justice services.
(Added to NRS by 2003, 1087 )
1. If a child becomes subject to the jurisdiction of the juvenile
court and the child receives ancillary services that are administered or
financed by a county, including, but not limited to, transportation or
psychiatric, psychological or medical services, the county is entitled to
reimbursement from the parent or guardian of the child for all money
expended by the county for such services.
2. To determine the amount that the parent or guardian of the
child must reimburse the county for such services:
(a) The board of county commissioners may adopt a sliding scale
based on the ability of the parent or guardian to pay; and
(b) The juvenile court shall review each case and make a finding as
to the reasonableness of the charge in relation to the ability of the
parent or guardian to pay.
3. If the parent or guardian of the child fails or refuses to
reimburse the county, the board of county commissioners may recover from
the parent or guardian, by appropriate legal action, all money due plus
interest thereon at the rate of 7 percent per annum commencing 30 days
after an itemized statement of all money due is submitted to the parent
or guardian.
(Added to NRS by 2003, 1087 )
1. Except as otherwise provided in this chapter, if the juvenile
court commits a child to the custody of a person who is not the parent or
guardian of the child or to the custody of a public or private
institution or agency, and no provision is otherwise made by law for the
support of the child, the expenses incurred for the support of the child
while in such custody, if approved by an order of the juvenile court, are
a charge upon the county where the child has a legal residence.
2. Notwithstanding any other statute providing for the support of
such a child, after the parent or guardian of the child has been given
notice and a reasonable opportunity to be heard, the juvenile court may
order the parent or guardian to pay, in such a manner as the juvenile
court may direct and within the ability of the parent or guardian to pay,
money to cover in whole or in part the support of the child.
3. If the parent or guardian of the child willfully fails or
refuses to pay the money due, the juvenile court may proceed against the
parent or guardian for contempt.
4. If the juvenile court orders the parent or guardian of the
child to pay for the support of the child pursuant to this section, the
money must be paid to the superintendent of the county school district or
fiscal officer of the institution to which the child is committed, or the
chief administrative officer of the agency to whom the child is committed.
(Added to NRS by 2003, 1087 , 1088 )
1. If a child is detained other than pursuant to a court order in
a local or regional facility for the detention of children, the county
that has detained the child is entitled to reimbursement from the parent
or guardian of the child for all money expended by the county for the
support of the child during the period of the child’s detention.
2. If the parent or guardian of the child fails or refuses to
reimburse the county, the board of county commissioners may recover from
the parent or guardian, by appropriate legal action, all money due plus
interest thereon at the rate of 7 percent per annum.
(Added to NRS by 2003, 1087 )
1. Except as otherwise provided in this subsection, if a child is
committed to the custody of a regional facility for the detention of
children, the juvenile court may order the county where the child has a
legal residence to pay the expenses incurred for the support of the child
in an amount equal to any money paid for that purpose by the Division of
Child and Family Services. Such an order may not be entered if the county
maintains the facility to which the child is committed.
2. The juvenile court may order the parent or guardian of the
child to reimburse the county, in whole or in part, for any money
expended by the county for the support of the child.
3. This section does not prohibit the juvenile court from
providing for the support of the child in any other manner authorized by
law.
(Added to NRS by 2003, 1087 )
1. Except as otherwise provided in subsection 6, each county shall
pay an assessment for the operation of each regional facility for the
detention of children that is partially supported by the State of Nevada
and is operated by a county whose population is less than 400,000.
2. The assessment owed by each county equals the total amount
budgeted by the Legislature for the operation of the regional facility,
minus any money appropriated by the Legislature for the support of the
regional facility, divided by the total number of pupils in this State in
the preceding school year, excluding pupils in counties whose population
is 400,000 or more, and multiplied by the number of pupils in the
assessed county. The Administrator of the Division of Child and Family
Services shall calculate the assessment owed by each county in June of
each year for the ensuing fiscal year.
3. Each county must pay the assessed amount to the Division of
Child and Family Services in quarterly installments that are due the
first day of the first month of each calendar quarter.
4. The Administrator of the Division of Child and Family Services
shall deposit the money received pursuant to subsection 3 in a separate
account in the State General Fund. The money in the account may be
withdrawn only by the Administrator for the operation of regional
facilities for the detention of children.
5. Revenue raised by a county to pay the assessment required
pursuant to subsection 1 is not subject to the limitations on revenue
imposed pursuant to chapter 354 of NRS and must not be included in the calculation of those
limitations.
6. The provisions of this section do not apply to a county whose
population is 400,000 or more.
7. As used in this section, “regional facility for the detention
of children” or “regional facility” does not include the institution in
Lyon County known as Western Nevada Regional Youth Center.
(Added to NRS by 2003, 1085 )
1. Except as otherwise provided in subsection 5, each county shall
pay an assessment for the operation of a regional facility for the
detention of children that serves the county if the regional facility:
(a) Is operated by a county whose population is less than 400,000
or an administrative entity established pursuant to NRS 277.080 to 277.180 ,
inclusive, by counties whose populations are less than 400,000 each;
(b) Is established by two or more counties pursuant to an
interlocal agreement or by one county if the regional facility is
operated pursuant to an interlocal agreement to benefit other counties;
and
(c) Is not partially supported by the State of Nevada and does not
receive money from the State of Nevada other than any fees paid to the
regional facility for a child referred to the regional facility by the
State of Nevada.
2. The administrator of a regional facility for the detention of
children shall calculate the assessment owed by each county pursuant to
subsection 1 on or before March 1 of each year for the ensuing fiscal
year. The assessment owed by each county equals:
(a) For the first 2 years of operation of the regional facility,
the total amount budgeted for the operation of the regional facility by
the governing body of the county or other entity responsible for the
operation of the regional facility, minus any money received from the
State of Nevada to pay for fees for a child referred to the regional
facility by the State of Nevada, divided by the total number of pupils in
the preceding school year in all counties served by the regional facility
and multiplied by the number of pupils in the preceding school year in
the assessed county.
(b) For each year subsequent to the second year of operation of the
regional facility, unless the counties served by the regional facility
enter into an interlocal agreement to the contrary, the total of:
(1) The total amount budgeted for the operation of the
regional facility by the governing body of the county or other entity
responsible for the operation of the regional facility, minus any money
received from the State of Nevada to pay for fees for a child referred to
the regional facility by the State of Nevada, divided by the total number
of pupils in the preceding school year in all counties served by the
regional facility, multiplied by the number of pupils in the preceding
school year in the assessed county and multiplied by one-fourth; and
(2) The total amount budgeted for the operation of the
regional facility by the governing body of the county or other entity
responsible for the operation of the regional facility, minus any money
received from the State of Nevada to pay for fees for a child referred to
the regional facility by the State of Nevada, divided by the total number
of pupils who were served by the regional facility in the preceding
school year from all counties served by the regional facility, multiplied
by the number of pupils who were served by the regional facility in the
preceding school year from the assessed county and multiplied by
three-fourths.
3. Each county shall pay the assessment required pursuant to
subsection 1 to the treasurer of the county if the regional facility is
operated by a county or to the administrative entity responsible for the
operation of the regional facility in quarterly installments that are due
on the first day of the first month of each calendar quarter. The money
must be accounted for separately and may only be withdrawn by the
administrator of the regional facility.
4. The board of county commissioners of each county may pay the
assessment from revenue raised by a tax levied pursuant to NRS 354.59818
, any other available money, or a combination thereof.
5. The provisions of this section do not apply to a county whose
population is 400,000 or more.
6. As used in this section, “regional facility for the detention
of children” or “regional facility” does not include the institution in
Douglas County known as China Spring Youth Camp.
(Added to NRS by 2003, 1085 )
Facilities for the Detention of Children
1. The board of county commissioners:
(a) In a county whose population is 50,000 or more, shall provide a
facility for the detention of children.
(b) In all other counties, may provide a facility for the detention
of children.
2. The boards of county commissioners of two or more counties,
without regard to the population of the counties, may provide a combined
facility for the detention of children under terms agreed upon by the
boards of county commissioners and the juvenile courts of the affected
judicial districts.
3. In addition to any facilities for the detention of children, a
board of county commissioners may establish or maintain programs which
provide alternatives to placing a child in a facility for the detention
of children.
(Added to NRS by 2003, 1084 )
1. Any facility for the detention of children:
(a) Must be constructed and conducted as nearly like a home as
possible;
(b) Must not be deemed to be or treated as a penal institution; and
(c) Except as otherwise provided in subsection 2, must not adjoin,
be located on the same grounds as, or share common facilities or common
grounds with a prison, an adult jail or an adult lockup.
2. If a facility for the detention of children complies with the
provisions of 28 C.F.R. § 31.303 relating to collocated facilities, the
facility for the detention of children may adjoin, be located on the same
grounds as, or share common facilities or common grounds with an adult
jail or an adult lockup.
(Added to NRS by 2003, 1084 )
JURISDICTION
The district courts:
1. To the extent specified in this title, shall have and exercise
jurisdiction in all proceedings conducted pursuant to this title; and
2. When exercising jurisdiction pursuant to the provisions of this
title, shall be termed juvenile courts.
(Added to NRS by 2003, 1027 )
1. If the juvenile court exercises jurisdiction over a child
regarding any matter within the purview of this title, another court may
not exercise jurisdiction over the child regarding that matter, unless
the juvenile court:
(a) Certifies the child for proper criminal proceedings as an adult
pursuant to the provisions of this title; or
(b) Transfers the case to another court pursuant to the provisions
of this title.
2. The provisions of this title do not deprive another court of
the right to determine:
(a) The custody of the child upon a writ of habeas corpus; or
(b) The custody or guardianship of the child in a case involving
divorce or problems of domestic relations.
(Added to NRS by 2003, 1030 )
1. Except as otherwise provided in this title, the juvenile court
has exclusive original jurisdiction in proceedings concerning any child
living or found within the county who is alleged or adjudicated to be in
need of supervision because the child:
(a) Is subject to compulsory school attendance and is a habitual
truant from school;
(b) Habitually disobeys the reasonable and lawful demands of the
parent or guardian of the child and is unmanageable; or
(c) Deserts, abandons or runs away from the home or usual place of
abode of the child and is in need of care or rehabilitation.
2. A child who is subject to the jurisdiction of the juvenile
court pursuant to this section must not be considered a delinquent child.
(Added to NRS by 2003, 1028 )
1. Except as otherwise provided in this title, the juvenile court
has exclusive original jurisdiction over a child living or found within
the county who is alleged or adjudicated to have committed a delinquent
act.
2. For the purposes of this section, a child commits a delinquent
act if the child:
(a) Violates a county or municipal ordinance;
(b) Violates any rule or regulation having the force of law; or
(c) Commits an act designated a criminal offense pursuant to the
laws of the State of Nevada.
3. For the purposes of this section, each of the following acts
shall be deemed not to be a delinquent act, and the juvenile court does
not have jurisdiction over a person who is charged with committing such
an act:
(a) Murder or attempted murder and any other related offense
arising out of the same facts as the murder or attempted murder,
regardless of the nature of the related offense.
(b) Sexual assault or attempted sexual assault involving the use or
threatened use of force or violence against the victim and any other
related offense arising out of the same facts as the sexual assault or
attempted sexual assault, regardless of the nature of the related
offense, if:
(1) The person was 16 years of age or older when the sexual
assault or attempted sexual assault was committed; and
(2) Before the sexual assault or attempted sexual assault
was committed, the person previously had been adjudicated delinquent for
an act that would have been a felony if committed by an adult.
(c) An offense or attempted offense involving the use or threatened
use of a firearm and any other related offense arising out of the same
facts as the offense or attempted offense involving the use or threatened
use of a firearm, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the offense
or attempted offense involving the use or threatened use of a firearm was
committed; and
(2) Before the offense or attempted offense involving the
use or threatened use of a firearm was committed, the person previously
had been adjudicated delinquent for an act that would have been a felony
if committed by an adult.
(d) A felony resulting in death or substantial bodily harm to the
victim and any other related offense arising out of the same facts as the
felony, regardless of the nature of the related offense, if:
(1) The felony was committed on the property of a public or
private school when pupils or employees of the school were present or may
have been present, at an activity sponsored by a public or private school
or on a school bus while the bus was engaged in its official duties; and
(2) The person intended to create a great risk of death or
substantial bodily harm to more than one person by means of a weapon,
device or course of action that would normally be hazardous to the lives
of more than one person.
(e) Any other offense if, before the offense was committed, the
person previously had been convicted of a criminal offense.
(Added to NRS by 2003, 1029 )
The juvenile court has exclusive original jurisdiction over any
child who is:
1. On probation; or
2. Released on parole from a state facility for the detention of
children and who violates any condition of the child’s parole.
(Added to NRS by 2003, 1029 )
1. The juvenile court has jurisdiction over adults to the extent
that such jurisdiction is incidental and necessary to its jurisdiction
over children.
2. A stepparent of a child is subject to the same court orders as
a natural parent or adoptive parent of the child.
3. An adult who is subject to the jurisdiction of the juvenile
court:
(a) Is subject to the provisions of NRS 62E.040 ; and
(b) Has available to him all the rights, remedies and writs
guaranteed by the Constitution of the United States and the Constitution
and the laws of this State to a defendant who is charged with having
committed a criminal offense in this State.
(Added to NRS by 2003, 1032 )
The juvenile court does not have
jurisdiction over a child who is subject to the exclusive jurisdiction of
an Indian tribe.
(Added to NRS by 2003, 1028 )
1. Except as otherwise provided in this title, a court shall
transfer a case and record to the juvenile court if, during the pendency
of a proceeding involving a criminal offense, it is ascertained that the
person who is charged with the offense was less than 18 years of age when
the person allegedly committed the offense.
2. A court shall not transfer a case and record to the juvenile
court if the proceeding involves a criminal offense excluded from the
original jurisdiction of the juvenile court pursuant to NRS 62B.330
.
3. A court making a transfer pursuant to this section shall:
(a) Order the child to be taken immediately to the place of
detention designated by the juvenile court;
(b) Order the child to be taken immediately to appear before the
juvenile court; or
(c) Release the child to the custody of a suitable person and order
the child to be brought before the juvenile court at a time designated by
the juvenile court.
(Added to NRS by 2003, 1030 )
1. If a child is charged with a minor traffic offense, the
juvenile court may transfer the case and record to a Justice Court or
municipal court if the juvenile court determines that the transfer is in
the best interests of the child.
2. If a case is transferred pursuant to this section:
(a) The restrictions set forth in NRS 62C.030 are applicable in those proceedings; and
(b) A parent or guardian must accompany the child at all
proceedings.
3. If the juvenile court transfers a case and record to a Justice
Court or municipal court pursuant to this section, the Justice Court or
municipal court may transfer the case and record back to the juvenile
court with the consent of the juvenile court.
(Added to NRS by 2003, 1030 )
1. Except as otherwise provided in subsection 2 and NRS 62B.400
, upon a motion by the district
attorney and after a full investigation, the juvenile court may certify a
child for proper criminal proceedings as an adult to any court that would
have jurisdiction to try the offense if committed by an adult, if the
child:
(a) Is charged with an offense that would have been a felony if
committed by an adult; and
(b) Was 14 years of age or older at the time the child allegedly
committed the offense.
2. Except as otherwise provided in subsection 3, upon a motion by
the district attorney and after a full investigation, the juvenile court
shall certify a child for proper criminal proceedings as an adult to any
court that would have jurisdiction to try the offense if committed by an
adult, if the child:
(a) Is charged with:
(1) A sexual assault involving the use or threatened use of
force or violence against the victim; or
(2) An offense or attempted offense involving the use or
threatened use of a firearm; and
(b) Was 14 years of age or older at the time the child allegedly
committed the offense.
3. The juvenile court shall not certify a child for criminal
proceedings as an adult pursuant to subsection 2 if the juvenile court
specifically finds by clear and convincing evidence that:
(a) The child is developmentally or mentally incompetent to
understand his situation and the proceedings of the court or to aid his
attorney in those proceedings; or
(b) The actions of the child were substantially the result of the
substance abuse or emotional or behavioral problems of the child and the
substance abuse or emotional or behavioral problems may be appropriately
treated through the jurisdiction of the juvenile court.
4. If a child is certified for criminal proceedings as an adult
pursuant to subsection 1 or 2, the juvenile court shall also certify the
child for criminal proceedings as an adult for any other related offense
arising out of the same facts as the offense for which the child was
certified, regardless of the nature of the related offense.
5. If a child has been certified for criminal proceedings as an
adult pursuant to subsection 1 or 2 and the child’s case has been
transferred out of the juvenile court:
(a) The court to which the case has been transferred has original
jurisdiction over the child;
(b) The child may petition for transfer of the case back to the
juvenile court only upon a showing of exceptional circumstances; and
(c) If the child’s case is transferred back to the juvenile court,
the juvenile court shall determine whether the exceptional circumstances
warrant accepting jurisdiction.
(Added to NRS by 2003, 1030 ; A 2003, 1511 )
1. A child shall be deemed to be a prisoner who has escaped or
attempted to escape from lawful custody in violation of NRS 212.090
, and proceedings may be brought against
the child pursuant to the provisions of this section, if the child:
(a) Is committed to or otherwise is placed in a public or private
facility for the detention or correctional care of children, including,
but not limited to, all state, regional and local facilities for the
detention of children; and
(b) Escapes or attempts to escape from such a facility.
2. Upon a motion by the district attorney and after a full
investigation, the juvenile court may certify the child for criminal
proceedings as an adult pursuant to subsection 1 of NRS 62B.390 if the child was 14 years of age or older at
the time of the escape or attempted escape and:
(a) The child was committed to or placed in the facility from which
the child escaped or attempted to escape because the child had been
charged with or had been adjudicated delinquent for an unlawful act that
would have been a felony if committed by an adult; or
(b) The child or another person aiding the child used a dangerous
weapon to facilitate the escape or attempted escape.
3. If the child is certified for criminal proceedings as an adult
pursuant to subsection 2, the juvenile court shall also certify the child
for criminal proceedings as an adult for any other related offense
arising out of the same facts as the escape or attempted escape,
regardless of the nature of the related offense.
4. If the child is not certified for criminal proceedings as an
adult pursuant to subsection 2 or otherwise is not subject to the
provisions of subsection 2, the escape or attempted escape shall be
deemed to be a delinquent act, and proceedings may be brought against the
child pursuant to the provisions of this title.
(Added to NRS by 2003, 1031 )
Except as
otherwise provided in NRS 62F.110 and
62F.220 , if a child is subject to the
jurisdiction of the juvenile court, the juvenile court:
1. May terminate its jurisdiction concerning the child at any
time, either on its own volition or for good cause shown; or
2. May retain jurisdiction over the child until the child reaches
21 years of age.
(Added to NRS by 2003, 1030 )
