USA Statutes : nevada
Title : Title 05 - JUVENILE JUSTICE
Chapter : CHAPTER 62C - PROCEDURE BEFORE ADJUDICATION
Except as otherwise provided in this title and NRS
484.383 :
1. A peace officer or probation officer may take into custody any
child:
(a) Who the officer has probable cause to believe is violating or
has violated any state or local law, ordinance, or rule or regulation
having the force of law; or
(b) Whose conduct indicates that the child is in need of
supervision.
2. If a child is taken into custody:
(a) The officer shall, without undue delay, attempt to notify, if
known, the parent or guardian of the child;
(b) The facility in which the child is detained shall, without
undue delay:
(1) Notify a probation officer; and
(2) Attempt to notify, if known, the parent or guardian of
the child if such notification was not accomplished pursuant to paragraph
(a); and
(c) Unless it is impracticable or inadvisable or has been otherwise
ordered by the juvenile court, the child must be released to the custody
of a parent or guardian or another responsible adult who has signed a
written agreement to bring the child before the juvenile court at a time
stated in the agreement or as the juvenile court may direct. The written
agreement must be submitted to the juvenile court as soon as possible. If
the person fails to produce the child at the time stated in the agreement
or upon a summons from the juvenile court, a writ may be issued for the
attachment of the person or of the child requiring that the person or
child, or both, be brought before the juvenile court at a time stated in
the writ.
3. If a child who is taken into custody is not released pursuant
to subsection 2:
(a) The child must be taken without unnecessary delay to:
(1) The juvenile court; or
(2) The place of detention designated by the juvenile court
and, as soon as possible thereafter, the fact of detention must be
reported to the juvenile court; and
(b) Pending further disposition of the case, the juvenile court may
order that the child be:
(1) Released to the custody of a parent or guardian or
another person appointed by the juvenile court;
(2) Detained in a place designated by the juvenile court,
subject to further order of the juvenile court; or
(3) Conditionally released for supervised detention at the
home of the child in lieu of detention at a facility for the detention of
children. The supervised detention at the home of the child may include
electronic surveillance of the child.
4. In determining whether to release a child pursuant to this
section to a person other than a parent or guardian, the juvenile court
shall give preference to any person who is related to the child within
the third degree of consanguinity if the juvenile court finds that the
person is suitable and able to provide proper care and guidance for the
child.
(Added to NRS by 2003, 1054 )
1. A child must not be released from custody sooner than 12 hours
after the child is taken into custody if the child is taken into custody
for committing a battery that constitutes domestic violence pursuant to
NRS 33.018 .
2. A child must not be released from custody sooner than 12 hours
after the child is taken into custody if:
(a) The child is taken into custody for violating a temporary or
extended order for protection against domestic violence issued pursuant
to NRS 33.017 to 33.100 , inclusive, or for violating a restraining
order or injunction that is in the nature of a temporary or extended
order for protection against domestic violence issued in an action or
proceeding brought pursuant to title 11 of NRS; and
(b) The peace officer or probation officer who has taken the child
into custody determines that such a violation is accompanied by a direct
or indirect threat of harm.
3. For the purposes of this section, an order or injunction is in
the nature of a temporary or extended order for protection against
domestic violence if it grants relief that might be given in a temporary
or extended order issued pursuant to NRS 33.017 to 33.100 ,
inclusive.
(Added to NRS by 2003, 1055 )
1. If a child is not alleged to be delinquent or in need of
supervision, the child must not, at any time, be confined or detained in:
(a) A facility for the secure detention of children; or
(b) Any police station, lockup, jail, prison or other facility in
which adults are detained or confined.
2. If a child is alleged to be delinquent or in need of
supervision, the child must not, before disposition of the case, be
detained in a facility for the secure detention of children unless there
is probable cause to believe that:
(a) If the child is not detained, the child is likely to commit an
offense dangerous to himself or to the community, or likely to commit
damage to property;
(b) The child will run away or be taken away so as to be
unavailable for proceedings of the juvenile court or to its officers;
(c) The child was taken into custody and brought before a probation
officer pursuant to a court order or warrant; or
(d) The child is a fugitive from another jurisdiction.
3. If a child is less than 18 years of age, the child must not, at
any time, be confined or detained in any police station, lockup, jail,
prison or other facility where the child has regular contact with any
adult who is confined or detained in the facility and who has been
convicted of a criminal offense or charged with a criminal offense,
unless:
(a) The child is alleged to be delinquent;
(b) An alternative facility is not available; and
(c) The child is separated by sight and sound from any adults who
are confined or detained in the facility.
4. During the pendency of a proceeding involving a criminal
offense excluded from the original jurisdiction of the juvenile court
pursuant to NRS 62B.330 , a child may
petition the juvenile court for temporary placement in a facility for the
detention of children.
(Added to NRS by 2003, 1055 )
1. Each child who is taken into custody by a peace officer or
probation officer and detained in a local facility for the detention of
children or a regional facility for the detention of children while
awaiting a detention hearing pursuant to NRS 62C.040 or 62C.050 must be screened to determine whether the
child is in need of mental health services or is an abuser of alcohol or
drugs.
2. The facility in which the child is detained shall cause the
screening required pursuant to subsection 1 to be conducted as soon as
practicable after the child has been detained in the facility.
3. The method for conducting the screening required pursuant to
subsection 1 must satisfy the requirements of NRS 62E.516 .
(Added to NRS by 2005, 1035 )
1. If a child who is alleged to be delinquent is taken into
custody and detained, the child must be given a detention hearing before
the juvenile court:
(a) Not later than 24 hours after the child submits a written
application;
(b) In a county whose population is less than 100,000, not later
than 24 hours after the commencement of detention at a police station,
lockup, jail, prison or other facility in which adults are detained or
confined;
(c) In a county whose population is 100,000 or more, not later than
6 hours after the commencement of detention at a police station, lockup,
jail, prison or other facility in which adults are detained or confined;
or
(d) Not later than 72 hours after the commencement of detention at
a facility in which adults are not detained or confined,
Ê whichever occurs first, excluding Saturdays, Sundays and holidays.
2. A child must not be released after a detention hearing without
the written consent of the juvenile court.
(Added to NRS by 2003, 1056 )
1. Except as otherwise provided in this section, if a child who is
alleged to be in need of supervision is taken into custody and detained,
the child must be released not later than 24 hours, excluding Saturdays,
Sundays and holidays, after the child’s initial contact with a peace
officer or probation officer to:
(a) A parent or guardian of the child;
(b) Any other person who is able to provide adequate care and
supervision for the child; or
(c) Shelter care.
2. A child does not have to be released pursuant to subsection 1
if the juvenile court:
(a) Holds a detention hearing;
(b) Determines that the child:
(1) Has threatened to run away from home or from the shelter;
(2) Is accused of violent behavior at home; or
(3) Is accused of violating the terms of a supervision and
consent decree; and
(c) Determines that the child needs to be detained to make an
alternative placement for the child.
Ê The child may be detained for an additional 24 hours but not more than
48 hours after the detention hearing, excluding Saturdays, Sundays and
holidays.
3. A child does not have to be released pursuant to this section
if the juvenile court:
(a) Holds a detention hearing; and
(b) Determines that the child:
(1) Is a ward of a federal court or held pursuant to a
federal statute;
(2) Has run away from another state and a jurisdiction
within that state has issued a want, warrant or request for the child; or
(3) Is accused of violating a valid court order.
Ê The child may be detained for an additional period as necessary for the
juvenile court to return the child to the jurisdiction from which the
child originated or to make an alternative placement for the child.
4. For the purposes of this section, an alternative placement must
be in a facility in which there are no physical restraining devices or
barriers.
(Added to NRS by 2003, 1056 )
1. If a peace officer or probation officer has probable cause to
believe that a child is committing or has committed an unlawful act that
involves the possession, use or threatened use of a firearm, the officer
shall take the child into custody.
2. If a child is taken into custody for an unlawful act described
in this section, the child must not be released before a detention
hearing is held pursuant to NRS 62C.040 .
3. At the detention hearing, the juvenile court shall determine
whether to order the child to be evaluated by a qualified professional.
4. If the juvenile court orders the child to be evaluated by a
qualified professional, the evaluation must be completed not later than
14 days after the detention hearing. Until the evaluation is completed,
the child must be:
(a) Detained at a facility for the detention of children; or
(b) Placed under a program of supervision in the home of the child
that may include electronic surveillance of the child.
5. If a child is evaluated by a qualified professional pursuant to
this section, the statements made by the child to the qualified
professional during the evaluation and any evidence directly or
indirectly derived from those statements may not be used for any purpose
in a proceeding which is conducted to prove that the child committed a
delinquent act or criminal offense. The provisions of this subsection do
not prohibit the district attorney from proving that the child committed
a delinquent act or criminal offense based upon evidence obtained from
sources or by means that are independent of the statements made by the
child to the qualified professional during the evaluation.
(Added to NRS by 2003, 1057 )
1. If a child is stopped by a peace officer for a violation of any
traffic law or ordinance which is punishable as a misdemeanor, the peace
officer may prepare and issue a traffic citation pursuant to the same
criteria as would apply to an adult violator.
2. If a child who is issued a traffic citation executes a written
promise to appear in court by signing the citation, the officer:
(a) Shall deliver a copy of the citation to the child; and
(b) Shall not take the child into physical custody for the
violation.
(Added to NRS by 2003, 1057 )
COMPLAINT AND PETITION
1. When a complaint is made alleging that a child is delinquent or
in need of supervision:
(a) The complaint must be referred to a probation officer of the
appropriate county; and
(b) The probation officer shall conduct a preliminary inquiry to
determine whether the best interests of the child or of the public:
(1) Require that a petition be filed; or
(2) Would better be served by placing the child under
informal supervision pursuant to NRS 62C.200 .
2. If, after conducting the preliminary inquiry, the probation
officer recommends the filing of a petition, the district attorney shall
determine whether to file the petition.
3. If, after conducting the preliminary inquiry, the probation
officer does not recommend the filing of a petition or that the child be
placed under informal supervision, the probation officer must notify the
complainant regarding the complainant’s right to seek a review of the
complaint by the district attorney.
4. If the complainant seeks a review of the complaint by the
district attorney, the district attorney shall:
(a) Review the facts presented by the complainant;
(b) Consult with the probation officer; and
(c) File the petition with the juvenile court if the district
attorney believes that the filing of the petition is necessary to protect
the interests of the child or of the public.
5. The determination of the district attorney concerning whether
to file the petition is final.
6. Except as otherwise provided in NRS 62C.060 , if a child is in detention or shelter care,
the child must be released immediately if a petition alleging that the
child is delinquent or in need of supervision is not:
(a) Approved by the district attorney; or
(b) Filed within 8 days after the date the complaint was referred
to the probation officer.
(Added to NRS by 2003, 1048 )
1. Before a petition alleging delinquency or need of supervision
or a petition for revocation may be filed with the juvenile court, the
district attorney must prepare and sign the petition. The district
attorney shall represent the petitioner in all proceedings.
2. The petition must be:
(a) Entitled, “In the Matter of ................, a child”; and
(b) Verified by the person who signs it.
3. The petition must set forth specifically:
(a) The facts which bring the child within the jurisdiction of the
juvenile court and the date when delinquency occurred or need of
supervision arose.
(b) The name, date of birth and address of the residence of the
child.
(c) The name and address of the residence of the parent or guardian
of the child. If the parent or guardian of the child does not reside or
cannot be found within this State, or if the address of the parent or
guardian is unknown:
(1) The name of any known adult relative residing within
this State; or
(2) If no known adult relative resides within this State,
the known adult relative residing nearest to the juvenile court.
(d) The name and address of the spouse of the child, if any.
(e) Whether the child is in custody and, if so, the place of
detention and the time the child was taken into custody.
4. If any of the facts required by subsection 3 are not known, the
petition must so state.
5. In addition to the information required pursuant to this
section, a petition alleging that a child is in need of supervision must
contain the following information regarding efforts made to modify the
behavior of the child:
(a) A list of the local programs to which the child was referred;
and
(b) Other efforts taken in the community.
Ê The provisions of this subsection do not apply to a child who is
alleged to be in need of supervision because the child is a habitual
truant.
(Added to NRS by 2003, 1049 )
1. If a petition filed pursuant to the provisions of this title
contains allegations that a child committed an unlawful act which would
have been a sexual offense if committed by an adult or which involved the
use or threatened use of force or violence against the victim, the
district attorney shall provide to the victim and, if the victim is less
than 18 years of age, to the parent or guardian of the victim, as soon as
practicable after the petition is filed, documentation that includes:
(a) A form advising the victim and the parent or guardian of the
victim of their rights pursuant to the provisions of this title; and
(b) The form or procedure that must be used to request disclosure
pursuant to NRS 62D.440 .
2. As used in this section, “sexual offense” means:
(a) Sexual assault pursuant to NRS 200.366 ;
(b) Battery with intent to commit sexual assault pursuant to NRS
200.400 ;
(c) An offense involving pornography and a minor pursuant to NRS
200.710 to 200.730 , inclusive;
(d) Open or gross lewdness pursuant to NRS 201.210 ;
(e) Indecent or obscene exposure pursuant to NRS 201.220 ;
(f) Lewdness with a child pursuant to NRS 201.230 ;
(g) Sexual penetration of a dead human body pursuant to NRS 201.450
;
(h) Luring a child or mentally ill person pursuant to NRS 201.560
, if punishable as a felony; or
(i) An attempt to commit an offense listed in this subsection.
(Added to NRS by 2003, 1050 ; A 2003, 1378 )
INFORMAL SUPERVISION; SUPERVISION AND CONSENT DECREE
1. When a complaint is made alleging that a child is delinquent or
in need of supervision, the child may be placed under the informal
supervision of a probation officer if:
(a) The child voluntarily admits participation in the acts alleged
in the complaint; and
(b) The district attorney gives written approval for placement of
the child under informal supervision, if any of the acts alleged in the
complaint are unlawful acts that would have constituted a gross
misdemeanor or felony if committed by an adult.
2. If the probation officer recommends placing the child under
informal supervision, the probation officer must advise the child and the
parent or guardian of the child that they may refuse informal supervision.
3. The child must enter into an agreement for informal supervision
voluntarily and intelligently:
(a) With the advice of the attorney for the child; or
(b) If the child is not represented by an attorney, with the
consent of the parent or guardian of the child.
4. If the child is placed under informal supervision:
(a) The terms and conditions of the agreement for informal
supervision must be stated clearly in writing. The terms and conditions
of the agreement may include, but are not limited to, the requirements
set forth in NRS 62C.210 .
(b) The agreement must be signed by all parties.
(c) A copy of the agreement must be given to:
(1) The child;
(2) The parent or guardian of the child;
(3) The attorney for the child, if any; and
(4) The probation officer, who shall retain a copy in his
file for the case.
5. The period of informal supervision must not exceed 180 days.
The child and the parent or guardian of the child may terminate the
agreement at any time by requesting the filing of a petition for formal
adjudication.
6. The district attorney may not file a petition against the child
based on any acts for which the child was placed under informal
supervision unless the district attorney files the petition not later
than 180 days after the date the child entered into the agreement for
informal supervision. If the district attorney files a petition against
the child within that period, the child may withdraw the admission that
the child made pursuant to subsection 1.
7. If the child successfully completes the terms and conditions of
the agreement for informal supervision, the juvenile court may dismiss
any petition filed against the child that is based on any acts for which
the child was placed under informal supervision.
(Added to NRS by 2003, 1050 )
1. An agreement for informal supervision may require the child to:
(a) Perform community service or provide restitution to any victim
of the acts for which the child was referred to the probation officer;
(b) Participate in a program of restitution through work that is
established pursuant to NRS 62E.580
if the child:
(1) Is 14 years of age or older;
(2) Has never been found to be within the purview of this
title for an unlawful act that involved the use or threatened use of
force or violence against a victim and has never been found to have
committed such an unlawful act in any other jurisdiction, unless the
probation officer determines that the child would benefit from the
program;
(3) Is required to provide restitution to a victim; and
(4) Voluntarily agrees to participate in the program of
restitution through work.
(c) Complete a program of cognitive training and human development
pursuant to NRS 62E.220 if:
(1) The child has never been found to be within the purview
of this title; and
(2) The unlawful act for which the child is found to be
within the purview of this title did not involve the use or threatened
use of force or violence against a victim; or
(d) Engage in any combination of the activities set forth in this
subsection.
2. If the agreement for informal supervision requires the child to
participate in a program of restitution through work or complete a
program of cognitive training and human development, the agreement may
also require any or all of the following, in the following order of
priority if practicable:
(a) The child or the parent or guardian of the child, or both, to
the extent of their financial ability, to pay the costs associated with
the participation of the child in the program, including, but not limited
to:
(1) A reasonable sum of money to pay for the cost of
policies of insurance against liability for personal injury and damage to
property during those periods in which the child participates in the
program or performs work; and
(2) In the case of a program of restitution through work,
for industrial insurance, unless the industrial insurance is provided by
the employer for which the child performs the work; or
(b) The child to work on projects or perform community service for
a period that reflects the costs associated with the participation of the
child in the program.
(Added to NRS by 2003, 1051 ; A 2003, 347 )
Upon the request of the juvenile court, a
probation officer shall file with the juvenile court a report of:
1. The number of children placed under informal supervision during
the previous year;
2. The conditions imposed in each case; and
3. The number of cases that were successfully completed without
the filing of a petition.
(Added to NRS by 2003, 1052 )
1. If the district attorney files a petition with the juvenile
court, the juvenile court may:
(a) Dismiss the petition without prejudice and refer the child to
the probation officer for informal supervision pursuant to NRS 62C.200
; or
(b) Place the child under the supervision of the juvenile court
pursuant to a supervision and consent decree, without a formal
adjudication of delinquency, if the juvenile court receives:
(1) The recommendation of the probation officer;
(2) The written approval of the district attorney; and
(3) The written consent and approval of the child and the
parent or guardian of the child.
2. If a child is placed under the supervision of the juvenile
court pursuant to a supervision and consent decree, the juvenile court
may dismiss the petition if the child successfully completes the terms
and conditions of the supervision and consent decree.
3. If the petition is dismissed pursuant to subsection 2:
(a) The child may respond to any inquiry concerning the proceedings
and events which brought about the proceedings as if they had not
occurred; and
(b) The records concerning a supervision and consent decree may be
considered in a subsequent proceeding before the juvenile court regarding
that child.
(Added to NRS by 2003, 1052 )
SUMMONS AND EXTRADITION
1. After a petition has been filed and after such further
investigation as the juvenile court may direct, the juvenile court shall
direct the clerk of the court to issue a summons that:
(a) Requires the person who has care and custody of the child to:
(1) Appear personally; and
(2) Bring the child before the juvenile court at the time
and place stated in the summons;
(b) Informs the person who has care and custody of the child of the
child’s right to be represented by an attorney at the initial hearing, as
provided in NRS 62D.030 ; and
(c) Has a copy of the petition attached.
2. If the person summoned pursuant to subsection 1 is not the
parent or guardian of the child, the clerk of the court must notify the
parent or guardian by a similar summons of:
(a) The pendency of the case; and
(b) The time and place for the proceeding involving the child.
3. The juvenile court may direct the clerk of the court to issue a
summons requiring the appearance of any other person whose presence at
the proceeding is necessary, as determined by the juvenile court.
4. The clerk of the court is not required to issue a summons if
the person to be summoned voluntarily appears.
5. If, based on the condition or surroundings of the child, the
juvenile court determines that it is in the best interests of the child
or the public to require the appropriate agency of the judicial district
or the Division of Child and Family Services to assume care and custody
of the child, the juvenile court may order, by endorsement upon the
summons, that the person serving the summons deliver the child to a
probation officer for placement with a suitable person or in an
appropriate facility where the child must remain until further order of
the juvenile court.
(Added to NRS by 2003, 1052 )
1. Except as otherwise provided in this section, a summons must be
served personally by the delivery of a true copy to the person summoned.
2. If the juvenile court determines that it is impracticable to
serve a summons personally, the juvenile court may order the summons to
be served by:
(a) Registered mail or certified mail addressed to the last known
address; or
(b) Publication,
Ê or both.
3. The service of a summons is sufficient to confer jurisdiction
if the summons is served at least 48 hours before the time fixed in the
summons for its return.
4. Any person over 18 years of age may serve any summons, process
or notice required by the provisions of this title.
5. The county shall pay all necessary expenses for the service of
any summons, process or notice required by the provisions of this title.
(Added to NRS by 2003, 1053 )
1. The juvenile court may issue a writ for the attachment of a
child or the parent or guardian of the child, or both, and command a
probation officer or peace officer to bring before the juvenile court, at
the time and place stated, the person or persons named in the writ if:
(a) A summons cannot be served;
(b) The person or persons served fail to obey the summons; or
(c) The juvenile court determines that:
(1) The service will be ineffectual; or
(2) The welfare of the child requires that the child be
brought immediately into the custody of the juvenile court.
2. A person who violates a writ or any order of the juvenile court
issued pursuant to this section may be punished for contempt.
(Added to NRS by 2003, 1053 )
1. If a child commits a criminal offense in this State and the
child flees to another state, the Governor shall request extradition of
the child from the other state to this State according to the other
state’s procedure for the extradition of adults.
2. If a child commits a criminal offense in another state and the
child flees to this State, the child may be extradited to the other state
in accordance with the provisions of NRS 179.177 to 179.235 ,
inclusive, except that while the child is awaiting extradition, the child
must be detained in a facility for the detention of children if space is
available.
(Added to NRS by 2003, 1054 )
