USA Statutes : nevada
Title : Title 05 - JUVENILE JUSTICE
Chapter : CHAPTER 62H - RECORDS RELATED TO CHILDREN
1. The fingerprints of a child must be taken if the child is in
custody for an unlawful act that, if committed by an adult, would have
been:
(a) A felony, gross misdemeanor or sexual offense; or
(b) A misdemeanor and the unlawful act involved:
(1) The use or threatened use of force or violence against
the victim; or
(2) The possession, use or threatened use of a firearm or a
deadly weapon.
2. The fingerprints of a child who is in custody but who is not
subject to the provisions of subsection 1 may be taken if a law
enforcement officer finds latent fingerprints during the investigation of
an offense and the officer has reason to believe that the latent
fingerprints are those of the child. The officer shall use the
fingerprints taken from the child to make an immediate comparison with
the latent fingerprints. If the comparison is:
(a) Negative, the fingerprint card and other copies of the
fingerprints taken may be immediately destroyed or may be retained for
future use.
(b) Positive, the fingerprint card and other copies of the
fingerprints:
(1) Must be delivered to the juvenile court for disposition
if the child is referred to the juvenile court.
(2) May be immediately destroyed or may be retained for
future use if the child is not referred to the juvenile court.
3. Fingerprints that are taken from a child pursuant to the
provisions of this section:
(a) May be retained in a local file or a local system for the
automatic retrieval of fingerprints if they are retained under special
security measures that limit inspection of the fingerprints to law
enforcement officers who are conducting criminal investigations. If the
child from whom the fingerprints are taken subsequently is not
adjudicated delinquent, the parent or guardian of the child or, when the
child becomes at least 18 years of age, the child may petition the
juvenile court for the removal of the fingerprints from any local file or
local system.
(b) Must be submitted to the Central Repository if the child is
adjudicated delinquent for an unlawful act that would have been a felony
or a sexual offense if committed by an adult, and may be submitted to the
Central Repository for any other act. Any such fingerprints submitted to
the Central Repository must be submitted with a description of the child
and the unlawful act, if any, that the child committed. The Central
Repository shall retain the fingerprints and information of the child
under special security measures that limit inspection of the fingerprints
and the information to:
(1) Law enforcement officers who are conducting criminal
investigations; and
(2) Officers and employees of the Central Repository who are
assisting law enforcement officers with criminal investigations or who
are conducting research or performing a statistical analysis.
(c) Must not be submitted to the Federal Bureau of Investigation
unless the child is adjudicated delinquent for an unlawful act that would
have been a felony or a sexual offense if committed by an adult.
4. A child who is in custody must be photographed for the purpose
of identification. Except as otherwise provided in this subsection, the
photographs of the child must be kept in the file pertaining to the child
under special security measures which provide that the photographs may be
inspected only to conduct criminal investigations and photographic
lineups. If the juvenile court subsequently determines that the child is
not delinquent, the juvenile court shall order the photographs to be
destroyed.
5. Any person who willfully violates any provision of this section
is guilty of a misdemeanor.
6. As used in this section, “sexual offense” means:
(a) Sexual assault pursuant to NRS 200.366 ;
(b) Statutory sexual seduction pursuant to NRS 200.368 ;
(c) Battery with intent to commit sexual assault pursuant to NRS
200.400 ;
(d) An offense involving pornography and a minor pursuant to NRS
200.710 to 200.730 , inclusive;
(e) Incest pursuant to NRS 201.180 ;
(f) Solicitation of a minor to engage in acts constituting the
infamous crime against nature pursuant to NRS 201.195 ;
(g) Open or gross lewdness pursuant to NRS 201.210 ;
(h) Indecent or obscene exposure pursuant to NRS 201.220 ;
(i) Lewdness with a child pursuant to NRS 201.230 ;
(j) Sexual penetration of a dead human body pursuant to NRS 201.450
;
(k) Luring a child or mentally ill person pursuant to NRS 201.560
, if punishable as a felony;
(l) An attempt to commit an offense listed in paragraphs (a) to
(k), inclusive; or
(m) An offense that is determined to be sexually motivated pursuant
to NRS 175.547 .
(Added to NRS by 2003, 1088 ; A 2003, 1379 )
1. A news medium may not publish, broadcast or air the name or
race of any child connected with any proceeding conducted pursuant to the
provisions of this title without a written order of the juvenile court
unless:
(a) The proceeding has been opened to the public pursuant to NRS
62D.010 ; or
(b) The release of the information is authorized pursuant to
subsection 2.
2. An officer or employee of the juvenile court may release to a
news medium the name of a child and the nature of the charges against the
child, and any news medium may publish, broadcast or air such information
if:
(a) The child has been adjudicated delinquent on at least one prior
occasion for an unlawful act which would have been a felony if committed
by an adult and which resulted in death or serious bodily injury, and the
child is charged with committing another unlawful act which would have
been a felony if committed by an adult; or
(b) The child has been adjudicated delinquent on at least two prior
occasions for unlawful acts which would have been felonies if committed
by an adult, and the child is charged with committing another unlawful
act which would have been a felony if committed by an adult.
(Added to NRS by 2003, 1090 )
1. The juvenile court shall make and keep records of all cases
brought before the juvenile court.
2. Except as otherwise provided in this section and NRS 217.110
, records of any case brought before the
juvenile court may be opened to inspection only by court order to persons
who have a legitimate interest in the records.
3. The following records and information may be opened to
inspection without a court order:
(a) Records of traffic violations which are being forwarded to the
Department of Motor Vehicles;
(b) Records which have not been sealed and which are required by
the Division of Parole and Probation for preparation of presentence
investigations and reports pursuant to NRS 176.135 or general investigations and reports pursuant
to NRS 176.151 ;
(c) Records which have not been sealed and which are to be used,
pursuant to chapter 179D of NRS, by:
(1) The Central Repository;
(2) The Division of Parole and Probation; or
(3) A person who is conducting an assessment of the risk of
recidivism of an adult or juvenile sex offender;
(d) Information maintained in the standardized system established
pursuant to NRS 62H.200 ; and
(e) Information that must be collected by the Division of Child and
Family Services pursuant to NRS 62H.220 .
4. The clerk of the court shall prepare and cause to be printed
forms for social and legal records and other papers as may be required.
(Added to NRS by 2003, 1090 ; A 2005, 62 )
1. If a child has committed an act which subjects the child to the
jurisdiction of the juvenile court and which may form the basis of a
civil action, a person who, in good faith, intends to bring or has
brought the civil action or any other person who is a party to the civil
action may petition the juvenile court for release of the child’s name.
2. If the person who petitions the juvenile court makes a
satisfactory showing that the person intends, in good faith, to use the
child’s name in the civil action, the juvenile court shall order the
release of the child’s name and authorize its use in the civil action.
(Added to NRS by 2003, 1090 )
SEALING AND UNSEALING OF RECORDS
1. As used in NRS 62H.100 to
62H.170 , inclusive, unless the
context otherwise requires, “records” means any records relating to a
child who is within the purview of this title and who:
(a) Is taken into custody by a peace officer or a probation officer
or is otherwise taken before a probation officer; or
(b) Appears before the juvenile court or any other court pursuant
to the provisions of this title.
2. The term includes records of arrest.
(Added to NRS by 2003, 1091 )
The provisions of NRS
62H.100 to 62H.170 , inclusive, do not apply to:
1. Information maintained in the standardized system established
pursuant to NRS 62H.200 ;
2. Information that must be collected by the Division of Child and
Family Services pursuant to NRS 62H.220 ;
3. Records that are subject to the provisions of NRS 62F.260
; or
4. Records relating to a traffic offense that would have been a
misdemeanor if committed by an adult.
(Added to NRS by 2003, 1091 )
Any decree or order entered
concerning a child within the purview of this title must contain, for the
benefit of the child, an explanation of the contents of NRS 62H.100
to 62H.170 , inclusive, and, if applicable, NRS 62F.260
.
(Added to NRS by 2003, 1091 )
1. If a child is less than 21 years of age, the child or a
probation officer on behalf of the child may petition the juvenile court
for an order sealing all records relating to the child. The petition may
be filed not earlier than 3 years after the child:
(a) Was last adjudicated in need of supervision or adjudicated
delinquent; or
(b) Was last referred to the juvenile court,
Ê whichever is later.
2. If a petition is filed pursuant to this section, the juvenile
court shall notify the district attorney and, if a probation officer is
not the petitioner, the chief probation officer.
3. The district attorney and the chief probation officer, or any
of their deputies, or any other person who has evidence that is relevant
to consideration of the petition may testify at the hearing on the
petition.
4. After the hearing on the petition, the juvenile court shall
enter an order sealing all records relating to the child if the juvenile
court finds that:
(a) During the applicable 3-year period, the child has not been
convicted of a felony or of any misdemeanor involving moral turpitude; and
(b) The child has been rehabilitated to the satisfaction of the
juvenile court.
(Added to NRS by 2003, 1091 )
Except as otherwise provided in NRS 62H.150
, when a child reaches 21 years of
age, all records relating to the child must be sealed automatically.
(Added to NRS by 2003, 1091 )
1. If a child is adjudicated delinquent for an unlawful act listed
in subsection 6 and the records relating to that unlawful act have not
been sealed by the juvenile court pursuant to NRS 62H.130 before the child reaches 21 years of age,
those records must not be sealed before the child reaches 30 years of age.
2. After the child reaches 30 years of age, the child may petition
the juvenile court for an order sealing those records.
3. If a petition is filed pursuant to this section, the juvenile
court shall notify the district attorney and the chief probation officer.
4. The district attorney and the chief probation officer, or any
of their deputies, or any other person who has evidence that is relevant
to consideration of the petition may testify at the hearing on the
petition.
5. After the hearing on the petition, the juvenile court may enter
an order sealing the records relating to the child if the juvenile court
finds that, during the period since the child reached 21 years of age,
the child has not been convicted of any offense, except for minor moving
or standing traffic offenses.
6. The provisions of this section apply to any of the following
unlawful acts:
(a) An unlawful act which, if committed by an adult, would have
constituted:
(1) Sexual assault pursuant to NRS 200.366 ;
(2) Battery with intent to commit sexual assault pursuant to
NRS 200.400 ; or
(3) Lewdness with a child pursuant to NRS 201.230 .
(b) An unlawful act which would have been a felony if committed by
an adult and which involved the use or threatened use of force or
violence.
(Added to NRS by 2003, 1092 )
1. If the juvenile court enters an order sealing the records
relating to a child or the records are sealed automatically, all records
relating to the child must be sealed that are in the custody of:
(a) The juvenile court or any other court;
(b) A probation officer, probation department or law enforcement
agency; or
(c) Any other public officer or agency.
2. If the juvenile court enters an order sealing the records
relating to a child, the juvenile court shall send a copy of the order to
each public officer or agency named in the order. Not later than 5 days
after receipt of the order, each public officer or agency shall:
(a) Seal the records in the custody of the public officer or
agency, as directed by the order;
(b) Advise the juvenile court of compliance with the order; and
(c) Seal the copy of the order received by the public officer or
agency.
(Added to NRS by 2003, 1092 )
1. Except as otherwise provided in this section, if the records of
a person are sealed:
(a) All proceedings recounted in the records are deemed never to
have occurred; and
(b) The person may reply accordingly to any inquiry concerning the
proceedings and the acts which brought about the proceedings.
2. The juvenile court may order the inspection of records that are
sealed if:
(a) The person who is the subject of the records petitions the
juvenile court to permit the inspection of the records by the persons
named in the petition;
(b) An agency charged with the medical or psychiatric care of the
person who is the subject of the records petitions the juvenile court to
permit the inspection of the records by the agency; or
(c) A district attorney or an attorney representing a defendant in
a criminal action petitions the juvenile court to permit the inspection
of the records to obtain information relating to the persons who were
involved in the acts detailed in the records.
3. Upon its own order, any court of this State may inspect records
that are sealed if the records relate to a person who is less than 21
years of age and who is to be sentenced by the court in a criminal
proceeding.
(Added to NRS by 2003, 1092 )
STANDARDIZED SYSTEM FOR REPORTING INFORMATION
1. The Division of Child and Family Services shall:
(a) Establish a standardized system for the reporting, collection,
analysis, maintenance and retrieval of information concerning juvenile
justice in this State.
(b) Be responsible for the retrieval and analysis of the categories
of information contained in the standardized system and the development
of any reports from that information.
(c) Adopt such regulations as are necessary to carry out the
provisions of this section, including requirements for the transmittal of
information to the standardized system from the juvenile courts, local
juvenile probation departments and the staff of the youth correctional
services, as directed by the Department of Health and Human Services.
2. Each juvenile court and local juvenile probation department and
the staff of the youth correctional services, as directed by the
Department of Health and Human Services, shall comply with the
regulations adopted pursuant to this section.
(Added to NRS by 2003, 1093 )
1. Except as otherwise provided in subsection 3, the standardized
system established pursuant to NRS 62H.200 must collect, categorize and maintain the
following information from the juvenile courts, local juvenile probation
departments and the staff of the youth correctional services, as directed
by the Department of Health and Human Services, regarding each child
referred to the system of juvenile justice in this State:
(a) A unique number assigned to the child for identification;
(b) Basic demographic information regarding the child, including,
but not limited to:
(1) The age, sex and race or other ethnic background of the
child;
(2) The composition of the household in which the child
resides; and
(3) The economic background of the child;
(c) The charges for which the child is referred;
(d) The dates of any detention of the child;
(e) The nature of the disposition of each referral of the child;
(f) The dates any petitions are filed regarding the child, and the
charges set forth in those petitions; and
(g) The disposition of any petitions filed regarding the child,
including any applicable findings.
2. In addition to the information required pursuant to subsection
1 and except as otherwise provided in subsection 3, the Department of
Health and Human Services shall require the staff of the youth
correctional services to collect and transmit the following information
to the standardized system regarding each child committed to or otherwise
placed in the custody of the Division of Child and Family Services:
(a) A record of each placement of the child, including, but not
limited to, the period of each placement and the services provided to the
child during each placement;
(b) The dates of each release of the child, including any release
of the child on parole;
(c) If the child is released on parole, the period of each release
and the services provided to the child during each release; and
(d) The nature of or reason for each discharge of the child from
the custody of the Division of Child and Family Services.
3. The information maintained in the standardized system must not
include the name or address of any person.
(Added to NRS by 2003, 1093 )
1. For each child adjudicated delinquent for an unlawful act that
would have been a sexual offense if committed by an adult, the Division
of Child and Family Services shall collect from the juvenile courts,
local juvenile probation departments and the staff of the youth
correctional services, as directed by the Department of Health and Human
Services:
(a) The information listed in NRS 62H.210 ;
(b) The name of the child; and
(c) All information concerning programs of treatment in which the
child participated that:
(1) Were directly related to the delinquent act committed by
the child; or
(2) Were designed or utilized to prevent the commission of
another such act by the child in the future.
2. The Division of Child and Family Services shall provide the
information collected pursuant to subsection 1 to the Central Repository
for use in the program established pursuant to NRS 179A.270 , 179A.280 and 179A.290 .
3. All information containing the name of the child and all
information relating to programs of treatment in which the child
participated is confidential and must not be used for a purpose other
than that provided for in this section and NRS 179A.290 .
4. As used in this section, “sexual offense” means:
(a) Sexual assault pursuant to NRS 200.366 ;
(b) Statutory sexual seduction pursuant to NRS 200.368 ;
(c) Battery with intent to commit sexual assault pursuant to NRS
200.400 ;
(d) An offense involving pornography and a minor pursuant to NRS
200.710 to 200.730 , inclusive;
(e) Incest pursuant to NRS 201.180 ;
(f) Solicitation of a minor to engage in acts constituting the
infamous crime against nature pursuant to NRS 201.195 ;
(g) Open or gross lewdness pursuant to NRS 201.210 ;
(h) Indecent or obscene exposure pursuant to NRS 201.220 ;
(i) Lewdness with a child pursuant to NRS 201.230 ;
(j) Sexual penetration of a dead human body pursuant to NRS 201.450
;
(k) Luring a child using a computer, system or network pursuant to
NRS 201.560 , if punished as a felony;
(l) Annoyance or molestation of a minor pursuant to NRS 207.260
;
(m) An attempt to commit an offense listed in paragraphs (a) to
(l), inclusive;
(n) An offense that is determined to be sexually motivated pursuant
to NRS 175.547 ; or
(o) An offense committed in another jurisdiction that, if committed
in this State, would have been an offense listed in this subsection.
(Added to NRS by 2003, 1094 )
1. On or before January 31 of each year, each local juvenile
probation department shall:
(a) Analyze the information it submitted to the standardized system
during the previous year pursuant to NRS 62H.210 to determine whether children of racial or
ethnic minorities and children from economically disadvantaged homes are
receiving disparate treatment in the system of juvenile justice in
comparison to the general population;
(b) As necessary, develop appropriate recommendations to address
any disparate treatment; and
(c) Prepare and submit to the Division of Child and Family Services
a report which includes:
(1) The results of the analysis it conducted pursuant to
paragraph (a); and
(2) Any recommendations it developed pursuant to paragraph
(b).
2. The Division of Child and Family Services shall annually:
(a) Compile the reports it receives pursuant to subsection 1; and
(b) Publish a document which includes a compilation of the reports.
(Added to NRS by 2003, 1095 )
