[Rev. 2/10/2015 4:02:55
PM--2014R2]
CHAPTER 62D - PROCEDURE IN JUVENILE
PROCEEDINGS
RIGHTS OF CHILDREN
NRS 62D.010 Manner
for conducting proceedings; proceeding open to public; exception.
NRS 62D.020 Prosecution
for same offense in another proceeding prohibited.
NRS 62D.030 Advisement
of right to representation by attorney; appointment of attorney; waiver of
right to representation; responsibility of parent or guardian for payment;
compensation.
NRS 62D.040 Procedure
at first appearance at intake and before juvenile court; when adjudicating
hearing is required; standards of proof; actions of court after determination
of whether or not allegations have been established.
RIGHTS OF PARENTS AND GUARDIANS
NRS 62D.100 Right
to representation by attorney; appointment of attorney under certain
circumstances; compensation.
NRS 62D.110 Juvenile
court to provide certificate of attendance to parent or guardian; contents.
NRS 62D.120 Juvenile
court to provide to parents and guardians notice of juvenile proceedings to be
held after detention hearing; contents of notice.
NRS 62D.130 Terminating
or threatening to terminate employment of parent or guardian for appearance at
proceeding prohibited; penalty; civil remedy.
PROCEEDINGS INVOLVING INDIAN CHILDREN
NRS 62D.200 Full
faith and credit given to proceedings of Indian tribe.
NRS 62D.210 Procedure
when proceedings involve placement into foster care; appointment of attorney.
TIMING
NRS 62D.300 Power
of juvenile court to expedite proceeding involving act committed against or
witnessed by person less than 16 years of age.
NRS 62D.310 Period
for final disposition of cases.
NRS 62D.320 Continuances.
MISCELLANEOUS PROVISIONS
NRS 62D.400 Electronic
filing of certain documents.
NRS 62D.405 Interpreters.
NRS 62D.410 Subpoenas.
NRS 62D.420 Admissible
evidence; examination and cross-examination; court access to and use of records
relating to custody of child or involvement of child with agency which provides
child welfare services.
NRS 62D.430 Fees
allowed for witnesses and other persons acting under order of juvenile court;
limitations.
NRS 62D.440 Disclosure
to victim of disposition of case; confidentiality of personal information
pertaining to victim or parent or guardian of victim.
APPEALS
NRS 62D.500 Appeals.
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RIGHTS OF CHILDREN
NRS 62D.010 Manner for conducting proceedings; proceeding open to public;
exception.
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)
NRS 62D.020 Prosecution for same offense in another proceeding prohibited.
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)
NRS 62D.030 Advisement of right to representation by attorney; appointment
of attorney; waiver of right to representation; responsibility of parent or
guardian for payment; compensation.
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
subsection 6 and 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. For the purposes of paragraph (b) of
subsection 5, the juvenile court shall find that the parent or guardian of the
child is indigent if:
(a) The parent or guardian:
(1) Receives public assistance, as that
term is defined in NRS 422A.065;
(2) Resides in public housing, as that
term is defined in NRS 315.021;
(3) Has a household income that is less
than 200 percent of the federally designated level signifying poverty;
(4) Is incarcerated pursuant to a sentence
imposed upon conviction of a crime; or
(5) Is housed in a public or private
mental health facility; or
(b) After considering the particular
circumstances of the parent or guardian, including, without limitation, the
seriousness of the charges against the child, the monthly expenses of the
parent or guardian and the rates for attorneys in the area in which the
juvenile court is located, the juvenile court determines that the parent or
guardian is financially unable, without substantial hardship to the parent or
guardian or his or her dependents, to obtain qualified and competent legal
counsel.
7. 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; A 2013, 535)
NRS 62D.040 Procedure at first appearance at intake and before juvenile
court; when adjudicating hearing is required; standards of proof; actions of
court after determination of whether or not allegations have been established.
1. At the child’s first appearance at
intake and before the juvenile court, the child must be:
(a) Advised of his or her 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
NRS 62D.100 Right to representation by attorney; appointment of attorney
under certain circumstances; compensation.
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)
NRS 62D.110 Juvenile court to provide certificate of attendance to parent or
guardian; contents.
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 the employer of the parent or guardian.
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)
NRS 62D.120 Juvenile court to provide to parents and guardians notice of
juvenile proceedings to be held after detention hearing; contents of notice.
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)
NRS 62D.130 Terminating or threatening to terminate employment of parent or
guardian for appearance at proceeding prohibited; penalty; civil remedy.
1. If a parent or guardian of a child
gives the employer of the parent or guardian 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 the parent’s or guardian’s appearance or
prospective appearance in court; or
(b) Assert to the parent or guardian that the
parent’s or guardian’s appearance or prospective appearance in court will
result in the termination of the parent’s or guardian’s 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 the employer of the parent or guardian 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
NRS 62D.200 Full faith and credit given to proceedings of Indian tribe. 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)
NRS 62D.210 Procedure when proceedings involve placement into foster care;
appointment of attorney.
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
NRS 62D.300 Power of juvenile court to expedite proceeding involving act
committed against or witnessed by person less than 16 years of age.
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)
NRS 62D.310 Period for final disposition of cases.
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)
NRS 62D.320 Continuances.
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
NRS 62D.400 Electronic filing of certain documents.
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)
NRS 62D.405 Interpreters.
1. The juvenile court shall appoint at
public expense an interpreter for a person with a language barrier in all
proceedings conducted pursuant to the provisions of this title if the person
with a language barrier is:
(a) The child who is alleged to be or has been
adjudicated delinquent or in need of supervision;
(b) A parent or guardian of the child that is
alleged to be or has been adjudicated delinquent or in need of supervision; or
(c) A person who appears as a witness.
2. As used in this section:
(a) “Interpreter” means a person who:
(1) Has a certificate as an interpreter
issued by the Court Administrator pursuant to NRS 1.510 and 1.520; or
(2) Is appointed as an alternate court
interpreter in accordance with the criteria and procedures established pursuant
to NRS 1.510 or 1.520.
(b) “Person with a language barrier” has the
meaning ascribed to it in NRS 1.510.
(Added to NRS by 2013, 1462)
NRS 62D.410 Subpoenas.
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)
NRS 62D.420 Admissible evidence; examination and cross-examination; court
access to and use of records relating to custody of child or involvement of
child with agency which provides child welfare services.
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.
3. In any proceeding involving a child for
which the court has access to records relating to the custody of the child or
the involvement of the child with an agency which provides child welfare
services, the juvenile court may review those records to assist the court in
determining the appropriate placement or plan of treatment for the child.
4. Except when a record described in
subsection 3 would otherwise be admissible as evidence in the proceeding, the
juvenile court shall not use a record reviewed pursuant to subsection 3 to
prove that the child committed a delinquent act or is in need of supervision or
for any purpose other than a purpose set forth in subsection 3. Except as
otherwise provided in subsection 5, such records must not be disclosed or
otherwise made open to inspection unless the records are admitted as evidence
and used to determine the disposition of the case.
5. The juvenile court shall afford the
parties and their attorneys an opportunity to examine and address any record
reviewed by the juvenile court pursuant to subsection 3.
6. As used in this section, “agency which
provides child welfare services” has the meaning ascribed to it in NRS 432B.030.
(Added to NRS by 2003, 1059; A 2011, 1000)
NRS 62D.430 Fees allowed for witnesses and other persons acting under order
of juvenile court; limitations. 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 the person’s 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)
NRS 62D.440 Disclosure to victim of disposition of case; confidentiality of
personal information pertaining to victim or parent or guardian of victim.
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
NRS 62D.500 Appeals.
1. Appeals from the orders of the juvenile
court may be taken to the appellate court of competent jurisdiction pursuant to
the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada
Constitution 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; 2013, 1745)
