USA Statutes : nevada
Title : Title 05 - JUVENILE JUSTICE
Chapter : CHAPTER 62D - PROCEDURE IN JUVENILE PROCEEDINGS
1. Each proceeding conducted pursuant to the provisions of this
title:
(a) Is not criminal in nature.
(b) Must be heard separately from the trial of cases against adults.
(c) Must be heard without a jury.
(d) May be conducted in an informal manner.
(e) May be held at a facility for the detention of children or
elsewhere at the discretion of the juvenile court.
(f) Does not require stenographic notes or any other transcript of
the proceeding unless ordered by the juvenile court.
2. Except as otherwise provided in this subsection, each
proceeding conducted pursuant to the provisions of this title must be
open to the public. If the juvenile court determines that all or part of
the proceeding must be closed to the public because the closure is in the
best interests of the child or the public:
(a) The public must be excluded; and
(b) The juvenile court may order that only those persons who have a
direct interest in the case may be admitted. The juvenile court may
determine that a victim or any member of the victim’s family is a person
who has a direct interest in the case and may be admitted.
(Added to NRS by 2003, 1057 )
1. If a child is prosecuted for an offense in a juvenile
proceeding, the child may not be prosecuted again for the same offense in
another juvenile proceeding or in a criminal proceeding as an adult.
2. For the purposes of this section:
(a) A child is prosecuted for an offense in a juvenile proceeding
if:
(1) The district attorney files a petition against the child
pursuant to the provisions of this title alleging that the child
committed a delinquent act; and
(2) The juvenile court accepts the child’s admission of the
facts alleged in the petition or, at an adjudicatory hearing to determine
culpability, the juvenile court begins to take evidence on the facts
alleged in the petition.
(b) An offense is the same offense if it is:
(1) The offense alleged in the petition; or
(2) An offense based upon the same conduct as that alleged
in the petition.
(Added to NRS by 2003, 1060 )
1. If a child is alleged to be delinquent or in need of
supervision, the juvenile court shall advise the child and the parent or
guardian of the child that the child is entitled to be represented by an
attorney at all stages of the proceedings.
2. If a parent or guardian of a child is indigent, the parent or
guardian may request the appointment of an attorney to represent the
child pursuant to the provisions in NRS 171.188 .
3. Except as otherwise provided in this section, the juvenile
court shall appoint an attorney for a child if the parent or guardian of
the child does not retain an attorney for the child and is not likely to
retain an attorney for the child.
4. A child may waive the right to be represented by an attorney if:
(a) A petition is not filed and the child is placed under informal
supervision pursuant to NRS 62C.200 ;
or
(b) A petition is filed and the record of the juvenile court shows
that the waiver of the right to be represented by an attorney is made
knowingly, intelligently, voluntarily and in accordance with any
applicable standards established by the juvenile court.
5. Except as otherwise provided in NRS 424.085 , if the juvenile court appoints an attorney to represent a
child and:
(a) The parent or guardian of the child is not indigent, the parent
or guardian shall pay the reasonable fees and expenses of the attorney.
(b) The parent or guardian of the child is indigent, the juvenile
court may order the parent or guardian to reimburse the county or State
in accordance with the ability of the parent or guardian to pay.
6. Each attorney, other than a public defender, who is appointed
under the provisions of this section is entitled to the same compensation
and expenses from the county as is provided in NRS 7.125 and 7.135
for attorneys appointed to represent persons charged with criminal
offenses.
(Added to NRS by 2003, 1047 )
1. At the child’s first appearance at intake and before the
juvenile court, the child must be:
(a) Advised of his rights;
(b) Informed of the specific allegations in the petition; and
(c) Given an opportunity to admit or deny those allegations.
2. If the child denies the allegations in the petition, the
juvenile court shall:
(a) Conduct an adjudicatory hearing concerning the allegations; and
(b) Record its findings on whether the allegations have been
established.
3. If the child is alleged to be in need of supervision, the
allegations in the petition must be established by a preponderance of the
evidence based upon competent, material and relevant evidence.
4. If the child is alleged to have committed a delinquent act, the
allegations in the petition must be established by proof beyond a
reasonable doubt based upon competent, material and relevant evidence.
5. If the juvenile court finds that the allegations in the
petition have not been established, the juvenile court shall dismiss the
petition and order that the child be discharged from any facility for the
detention of children or temporary care, unless otherwise ordered by the
juvenile court.
6. If the juvenile court finds that the allegations in the
petition have been established, the juvenile court shall make a proper
disposition of the case.
(Added to NRS by 2003, 1058 )
RIGHTS OF PARENTS AND GUARDIANS
1. A parent or guardian of a child who is alleged to be delinquent
or in need of supervision may be represented by an attorney at all stages
of the proceedings. The juvenile court may not appoint an attorney for a
parent or guardian, unless the juvenile court:
(a) Finds that such an appointment is required in the interests of
justice; and
(b) Specifies in the record the reasons for the appointment.
2. Each attorney, other than a public defender, who is appointed
pursuant to subsection 1 is entitled to the same compensation and
expenses from the county as is provided in NRS 7.125 and 7.135
for attorneys appointed to represent persons charged with criminal
offenses.
(Added to NRS by 2003, 1047 )
1. If a parent or guardian of a child appears with or on behalf of
the child at a detention hearing, the juvenile court shall provide to the
parent or guardian a certificate of attendance which the parent or
guardian may provide to his employer.
2. A certificate of attendance:
(a) Must set forth the date and time of appearance and the
provisions of NRS 62D.130 ; and
(b) Must not set forth the name of the child or the offense alleged.
(Added to NRS by 2003, 1060 )
1. For any proceeding after the initial detention hearing, the
juvenile court shall cause written notice of the proceeding and a copy of
the notice to be provided to all parents and guardians of the child which
the parents and guardians may provide to their employers.
2. The written notice of the proceeding and the copy of the notice:
(a) Must set forth the date and time of the proceeding and the
provisions of NRS 62D.130 ; and
(b) Must not set forth the name of the child or the offense alleged.
3. If the address or location of any parent or guardian of a child
is not immediately known when the proceeding is scheduled, notice must be
served pursuant to this section immediately upon discovery of the address
and location of the parent or guardian.
(Added to NRS by 2003, 1061 )
1. If a parent or guardian of a child gives his employer or an
agent of the employer notice of an appearance with or on behalf of the
child in any court, it is unlawful for the employer or the agent of the
employer to:
(a) Terminate the employment of the parent or guardian, as a
consequence of his appearance or prospective appearance in court; or
(b) Assert to the parent or guardian that his appearance or
prospective appearance in court will result in the termination of his
employment.
2. Any employer or agent of an employer who violates the
provisions of subsection 1 is guilty of a misdemeanor.
3. A parent or guardian who is discharged from employment in
violation of subsection 1 may commence a civil action against his
employer and obtain:
(a) Wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority
or benefits;
(c) Damages equal to the amount of the lost wages and benefits; and
(d) Reasonable attorney’s fees fixed by the court.
4. For the purposes of this section, notice is given:
(a) In the case of a detention hearing, when the parent or guardian:
(1) Gives the employer or an agent of the employer oral
notice in advance of the hearing; and
(2) Provides the employer with a certificate of attendance
immediately upon return to employment.
(b) In the case of any hearing after the initial detention hearing,
when the parent or guardian gives the employer or an agent of the
employer, in advance of the hearing, the employer’s copy of the written
notice of the hearing.
(Added to NRS by 2003, 1061 )
PROCEEDINGS INVOLVING INDIAN CHILDREN
In a proceeding involving an Indian child, the juvenile court
shall give full faith and credit to the judicial proceedings of an Indian
tribe to the same extent that the Indian tribe gives full faith and
credit to the judicial proceedings of the courts of this state.
(Added to NRS by 2003, 1058 )
1. If a proceeding conducted pursuant to the provisions of this
title involves the placement of an Indian child into foster care, the
juvenile court shall:
(a) Cause the Indian child’s tribe to be notified in writing in the
manner provided in the Indian Child Welfare Act. If the Indian child is
eligible for membership in more than one tribe, each tribe must be
notified.
(b) Transfer the proceedings to the Indian child’s tribe in
accordance with the Indian Child Welfare Act or, if a tribe declines or
is unable to exercise jurisdiction, exercise jurisdiction as provided in
the Indian Child Welfare Act.
2. If the juvenile court determines that the parent of an Indian
child for whom foster care is sought is indigent, the juvenile court, as
provided in the Indian Child Welfare Act:
(a) Shall appoint an attorney to represent the parent;
(b) May appoint an attorney to represent the Indian child; and
(c) May apply to the Secretary of the Interior for the payment of
the fees and expenses of such an attorney.
(Added to NRS by 2003, 1058 )
TIMING
1. Upon the request of the district attorney, the juvenile court
may expedite any proceeding conducted pursuant to the provisions of this
title that involves an act committed against a person who is less than 16
years of age or an act witnessed by a person who is less than 16 years of
age.
2. In determining whether to expedite a proceeding, the juvenile
court may consider the effect that a delay in the proceeding may have on
the mental or emotional health or well-being of the person who is less
than 16 years of age.
(Added to NRS by 2003, 1058 )
1. Except as otherwise provided in this section, the juvenile
court shall make its final disposition of a case not later than 60 days
after the date on which the petition in the case was filed.
2. The juvenile court may extend the time for final disposition of
a case if the juvenile court files an order setting forth specific
reasons for the extension:
(a) Not later than 60 days after the date on which the petition in
the case was filed; or
(b) Later than 60 days after the date on which the petition in the
case was filed, if the juvenile court finds that the extension would
serve the interests of justice. In determining whether an extension would
serve the interests of justice, the juvenile court shall consider:
(1) The gravity of the act alleged in the case;
(2) The reasons for any delay in the disposition of the
case; and
(3) The potential consequences to the child, any victim and
the public of not extending the time for final disposition of the case.
3. The juvenile court shall not extend the time for final
disposition of a case beyond 1 year from the date on which the petition
in the case was filed.
(Added to NRS by 2003, 1059 )
1. The juvenile court may continue any proceeding conducted
pursuant to the provisions of this title for a reasonable period to
receive oral and written reports or other competent, material and
relevant evidence that may be helpful in determining the issues presented.
2. If a proceeding involves an act committed against a person who
is less than 16 years of age or an act witnessed by a person who is less
than 16 years of age, the juvenile court:
(a) May consider any adverse effects that a continuance of the
proceeding may have on the mental or emotional health or well-being of
the person who is less than 16 years of age; and
(b) May deny a continuance of the proceeding if the delay will
adversely affect the mental or emotional health or well-being of the
person who is less than 16 years of age.
3. If the juvenile court orders a continuance of a proceeding, the
juvenile court shall make an appropriate order for the detention or
temporary care of the child who is the subject of the proceeding during
the period of the continuance.
(Added to NRS by 2003, 1059 )
MISCELLANEOUS PROVISIONS
1. A clerk of the court may allow any of the following documents
to be filed electronically:
(a) A petition prepared and signed by the district attorney
pursuant to NRS 62C.100 or 62C.110
.
(b) A document relating to proceedings conducted pursuant to this
title.
(c) A study and report prepared pursuant to NRS 62E.160 .
2. Any document that is filed electronically pursuant to this
section must contain an image of the signature of the person who is
filing the document.
(Added to NRS by 2003, 1048 )
1. In each proceeding conducted pursuant to the provisions of this
title, the juvenile court may issue and, upon the request of any party to
the proceeding, the clerk of the court shall issue subpoenas that require:
(a) The attendance and testimony of witnesses; and
(b) The production of records, documents or other tangible objects.
2. In each proceeding conducted pursuant to the provisions of this
title that involves a child who is alleged to be delinquent or in need of
supervision, the district attorney or the attorney for the child may
issue subpoenas pursuant to NRS 174.315
and 174.335 that require:
(a) The attendance and testimony of witnesses; and
(b) The production of records, documents or other tangible objects.
(Added to NRS by 2003, 1059 )
1. In each proceeding conducted pursuant to the provisions of this
title, the juvenile court may:
(a) Receive all competent, material and relevant evidence that may
be helpful in determining the issues presented, including, but not
limited to, oral and written reports; and
(b) Rely on such evidence to the extent of its probative value.
2. The juvenile court shall afford the parties and their attorneys
an opportunity to examine and controvert each written report that is
received into evidence and to cross-examine each person who made the
written report, when reasonably available.
(Added to NRS by 2003, 1059 )
In proceedings conducted
pursuant to the provisions of this title:
1. A party to a petition must not be charged any court fees or
witness fees.
2. A salaried officer of this state or of any political
subdivision of this state is not entitled to receive any fee for the
officer’s services or attendance in the juvenile court.
3. Any other person acting under orders of the juvenile court may
receive a fee for service of process, for serving as a witness or for his
services and attendance in juvenile court. The fee must be paid:
(a) In an amount as provided by law for like services in cases
before the district court; and
(b) By the county, after the juvenile court has certified the
amount to be paid.
(Added to NRS by 2003, 1048 )
1. The prosecuting attorney shall disclose to the victim of an act
committed by a child the disposition of the child’s case regarding that
act if:
(a) The victim requests such a disclosure; or
(b) If the victim is less than 18 years of age, the parent or
guardian of the victim requests such a disclosure.
2. All personal information pertaining to the victim or the parent
or guardian of the victim, including, but not limited to, a current or
former address, which is obtained by the prosecuting attorney pursuant to
this section, is confidential and must not be used for a purpose other
than that provided for in this section.
(Added to NRS by 2003, 1060 )
APPEALS
1. Appeals from the orders of the juvenile court may be taken to
the Supreme Court in the same manner as appeals in civil cases are taken.
2. For the purposes of this section, a decision to deny
certification of a child for criminal proceedings as an adult is a final
judgment from which an appeal may be taken.
(Added to NRS by 2003, 1060 ; A 2003, 1512 )
