[Rev. 11/21/2013 9:43:41
AM--2013]
CHAPTER 129 - MINORS’ DISABILITIES;
JUDICIAL EMANCIPATION OF MINORS
MINORS’ DISABILITIES
NRS 129.010 Age
of majority.
NRS 129.020 Disability
of minority removed in connection with any transaction entered into pursuant to
Servicemen’s Readjustment Act of 1944.
NRS 129.030 Consent
for examination and treatment.
NRS 129.040 When
person standing in loco parentis may give consent for minor’s emergency hospitalization
or medical attention.
NRS 129.050 Abuse
of controlled substance: Treatment authorized without consent of parent or
guardian under certain circumstances.
NRS 129.060 Sexually
transmitted disease: Examination or treatment authorized without consent of
parent or guardian.
JUDICIAL EMANCIPATION OF MINORS
NRS 129.080 Minor
may petition juvenile court for decree of emancipation; reference to master.
NRS 129.090 Petition:
Contents; fees.
NRS 129.100 Notice
of filing of petition: Form.
NRS 129.110 Persons
to be served with notice; manner of service; hearing on petition.
NRS 129.120 Hearing:
Duties and powers of court; considerations in grant or denial of petition.
NRS 129.130 Decree
of emancipation: Effect; petition to void decree.
NRS 129.140 Method
not exclusive.
_________
MINORS’ DISABILITIES
NRS 129.010 Age of majority. All
persons of the age of 18 years who are under no legal disability, and all
persons who have been declared emancipated pursuant to NRS
129.080 to 129.140, inclusive, are capable of
entering into any contract, and are, to all intents and purposes, held and
considered to be of lawful age.
[1:19:1861; B § 323; BH § 4943; C § 5000; RL § 431;
NCL § 300]—(NRS A 1971, 455; 1973, 1578; 1987, 1281)
NRS 129.020 Disability of minority removed in connection with any
transaction entered into pursuant to Servicemen’s Readjustment Act of 1944.
1. The disability of minority of any
person otherwise eligible for guaranty or insurance of a loan pursuant to the
Servicemen’s Readjustment Act of 1944, as amended (38 U.S.C. §§ 3701 et seq.),
and of the minor spouse of any eligible veteran, irrespective of his or her
age, in connection with any transaction entered into pursuant to that Act, as
amended, is hereby removed for all purposes in connection with such
transactions, including, but not limited to, incurring of indebtedness or
obligations, acquiring, encumbering, selling, releasing or conveying property or
any interest therein, and litigating or settling controversies arising
therefrom, if all or part of any obligations incident to such transaction are
guaranteed or insured by the Secretary of Veterans Affairs pursuant to such
Act.
2. This section must not be construed to
impose any other or greater rights or liabilities than would exist if such
person and such spouse were under no such disability.
[1:24:1947; 1943 NCL § 6879.18]—(NRS A 1995, 1076)
NRS 129.030 Consent for examination and treatment.
1. Except as otherwise provided in NRS 450B.525, a minor may give consent
for the services provided in subsection 2 for himself or herself or for his or
her child, if the minor is:
(a) Living apart from his or her parents or legal
guardian, with or without the consent of the parent, parents or legal guardian,
and has so lived for a period of at least 4 months;
(b) Married or has been married;
(c) A mother, or has borne a child; or
(d) In a physician’s judgment, in danger of
suffering a serious health hazard if health care services are not provided.
2. Except as otherwise provided in
subsection 4 and NRS 449.6942 and 450B.525, the consent of the parent or
parents or the legal guardian of a minor is not necessary for a local or state
health officer, board of health, licensed physician or public or private
hospital to examine or provide treatment for any minor, included within the
provisions of subsection 1, who understands the nature and purpose of the
proposed examination or treatment and its probable outcome, and voluntarily
requests it. The consent of the minor to examination or treatment pursuant to
this subsection is not subject to disaffirmance because of minority.
3. A person who treats a minor pursuant to
subsection 2 shall, before initiating treatment, make prudent and reasonable
efforts to obtain the consent of the minor to communicate with his or her
parent, parents or legal guardian, and shall make a note of such efforts in the
record of the minor’s care. If the person believes that such efforts would
jeopardize treatment necessary to the minor’s life or necessary to avoid a
serious and immediate threat to the minor’s health, the person may omit such
efforts and note the reasons for the omission in the record.
4. A minor may not consent to his or her
sterilization.
5. In the absence of negligence, no person
providing services pursuant to subsection 2 is subject to civil or criminal
liability for providing those services.
6. The parent, parents or legal guardian
of a minor who receives services pursuant to subsection 2 are not liable for
the payment for those services unless the parent, parents or legal guardian has
consented to such health care services. The provisions of this subsection do
not relieve a parent, parents or legal guardian from liability for payment for
emergency services provided to a minor pursuant to NRS
129.040.
(Added to NRS by 1965, 170; A 1971, 1334; 1973, 25,
1521; 1975, 1475; 1977, 185; 1981, 1164; 2001, 820; 2013, 2293)
NRS 129.040 When person standing in loco parentis may give consent for
minor’s emergency hospitalization or medical attention. Notwithstanding any other provision of law, in
cases of emergency in which a minor is in need of immediate hospitalization,
medical attention or surgery and, after reasonable efforts made under the
circumstances, the parents of such minor cannot be located for the purpose of
consenting thereto, consent for such emergency attention may be given by any
person standing in loco parentis to such minor.
(Added to NRS by 1965, 170)
NRS 129.050 Abuse of controlled substance: Treatment authorized without
consent of parent or guardian under certain circumstances.
1. Except as otherwise provided in NRS 449.6942 and 450B.525, any minor who is under the
influence of, or suspected of being under the influence of, a controlled
substance:
(a) May give express consent; or
(b) If unable to give express consent, shall be
deemed to consent,
Ê to the
furnishing of hospital, medical, surgical or other care for the treatment of
abuse of drugs or related illnesses by any public or private hospital, medical
facility, facility for the dependent, other than a halfway house for alcohol
and drug abusers, or any licensed physician, and the consent of the minor is
not subject to disaffirmance because of minority.
2. Immunity from civil or criminal
liability extends to any physician or other person rendering care or treatment
pursuant to subsection 1, in the absence of negligent diagnosis, care or
treatment.
3. The consent of the parent, parents or
legal guardian of the minor is not necessary to authorize such care, but any
physician who treats a minor pursuant to this section shall make every
reasonable effort to report the fact of treatment to the parent, parents or
legal guardian within a reasonable time after treatment.
(Added to NRS by 1971, 1333; A 1973, 26, 1521; 1975,
1476; 1977, 956; 1985,
1755; 1987,
1547; 2001,
820, 2521;
2003, 179; 2013, 2294)
NRS 129.060 Sexually transmitted disease: Examination or treatment
authorized without consent of parent or guardian. Notwithstanding
any other provision of law, the consent of the parent, parents or legal
guardian of a minor is not necessary in order to authorize a local or state
health officer, licensed physician or clinic to examine or treat, or both, any
minor who is suspected of being infected or is found to be infected with any
sexually transmitted disease.
(Added to NRS by 1971, 121; A 1989, 301)
JUDICIAL EMANCIPATION OF MINORS
NRS 129.080 Minor may petition juvenile court for decree of emancipation;
reference to master. Any minor who
is at least 16 years of age, who is married or living apart from his or her
parents or legal guardian, and who is a resident of the county, may petition
the juvenile court of that county for a decree of emancipation. The district
court may refer the petition to a master appointed pursuant to title 5 of NRS
or chapter 432B of NRS.
(Added to NRS by 1987, 1278; A 1991, 2180; 2003, 1117)
NRS 129.090 Petition: Contents; fees.
1. A petition filed pursuant to NRS 129.080 must be in writing, verified by the
petitioner and set forth:
(a) The name, age and address of the minor;
(b) The names and addresses of the parents of the
minor;
(c) The name and address of any legal guardian of
the minor;
(d) If no parent or guardian can be found, the
name and address of the child’s nearest known relative residing within this
state;
(e) Facts relating to the minor’s education,
employment, and length of residence apart from his or her parents or guardian;
(f) That the minor willingly lives apart from his
or her parents or legal guardian with the consent or acquiescence of his or her
parents or legal guardian;
(g) That the minor is managing his or her own
financial affairs;
(h) That the source of the minor’s income is not
derived from any activity declared to be a crime by the laws of this state or
the United States; and
(i) That the minor is attending school or has
been excused from attending school pursuant to NRS 392.040 to 392.125, inclusive.
2. If any of the facts required by
subsection 1 are not known, the petition must so state.
3. For filing the petition, the clerk of
the district court shall charge the fees prescribed by law for the commencement
of civil actions or proceedings generally.
(Added to NRS by 1987, 1278)
NRS 129.100 Notice of filing of petition: Form.
1. After a petition has been filed, unless
the person to be served voluntarily appears and consents to the hearing, the
court shall direct the clerk to issue a notice, reciting briefly the substance
of the petition, stating the time and date set for the hearing of the petition,
and requiring the person served with the notice to appear before the court at the
hearing if the person desires to oppose the petition.
2. The notice issued pursuant to
subsection 1 must be in substantially the following form:
In the
................................ Judicial District Court of the State of
Nevada,
in and for the
County of ................................
In the matter of the emancipation
of ................................,
a minor.
Notice
To
................................, the father or
................................, the mother of the above-named minor; or, to
the father and mother of the above-named minor; or, to
................................, the legal guardian of the above-named minor;
or, to ................................, related to the above-named minor as
...............................:
You are hereby notified that
there has been filed in the above-entitled court a petition praying for the
emancipation of the above-named minor person, and that the petition has been
set for hearing before this court, at the courtroom thereof, at
................................, in the County of ................................,
on the .......... day of the month of ………. of the year ....... at ..........
o’clock ...m., at which time and place you are required to be present if you
desire to oppose the petition.
Dated ............. (month)
………. (day) …… (year)
.......................................................................
Clerk
of court
(SEAL)
By..................................................................
Deputy
(Added to NRS by 1987, 1278; A 2001, 35)
NRS 129.110 Persons to be served with notice; manner of service; hearing on
petition.
1. A copy of the notice issued pursuant to
NRS 129.100, together with a copy of the petition,
must be served upon:
(a) The parents or legal guardian of the minor
or, if the parents or legal guardian cannot be found, the nearest known
relative of the minor residing within this State, if any;
(b) The legal custodian of the minor, if any;
(c) The appropriate probation officer or parole
officer for his or her review and recommendation if the minor is subject to the
jurisdiction of the court pursuant to title 5 of NRS; and
(d) The district attorney of the county in which
the matter is to be heard.
2. Service of the notice and petition may
be made in any manner permitted by N.R.C.P.
4. Return of service must be made as provided by that rule. Evidence must
be presented to the court if addresses of those required to be served are
unknown or for any other reason notice cannot be given.
3. The court shall hold a hearing on all
petitions filed pursuant to NRS 129.080 to 129.140, inclusive.
(Added to NRS by 1987, 1279; A 2003, 1117)
NRS 129.120 Hearing: Duties and powers of court; considerations in grant or
denial of petition.
1. At the time stated in the notice, or at
the earliest time thereafter to which the hearing may be postponed, the court
shall proceed to hear the petition.
2. At the hearing of the petition, the
court shall address the petitioner personally and advise the petitioner of the
consequences of emancipation, as described in NRS
129.130.
3. The court may request copies of records
in the custody of the school district, the probation office, the Division of
Child and Family Services of the Department of Health and Human Services or any
other public or private agency to assist in making its determination. The court
may further request a recommendation from the probation officer, the Division
of Child and Family Services or any other public or private agency that may
have communicated with the minor regarding the petition.
4. The grant or denial of the petition is
a matter within the discretion of the court. In making its determination, the
court shall consider:
(a) Whether the parents or guardian of the minor
have consented to emancipation;
(b) Whether the minor is substantially able to
support himself or herself without financial assistance;
(c) Whether the minor is sufficiently mature and
knowledgeable to manage his or her affairs without the guidance of the minor’s
parents or guardian; and
(d) Whether emancipation is in the best interest
of the minor.
(Added to NRS by 1987, 1279; A 1993, 2691)
NRS 129.130 Decree of emancipation: Effect; petition to void decree.
1. If the court determines that the
petition should be granted, it shall enter a decree of emancipation.
2. A decree so entered is conclusive and binding.
3. Such a decree emancipates the minor for
all purposes and removes the disability of minority of the minor insofar as
that disability may affect:
(a) The incurring of indebtedness or contractual
obligations of any kind;
(b) The litigation and settlement of
controversies;
(c) The acquiring, encumbering and conveying of
property or any interest therein;
(d) The consenting to medical, dental or
psychiatric care without parental consent, knowledge or liability;
(e) The enrolling in any school or college; and
(f) The establishment of the minor’s own
residence.
Ê For these
purposes, the minor shall be considered in law as an adult, and any obligation
the minor incurs is enforceable by and against the minor without regard to his
or her minority.
4. Unless otherwise provided by the
decree, the obligation of support otherwise owed a minor by his or her parent
or guardian is terminated by the entry of the decree.
5. Except as otherwise provided in this
section, a decree of emancipation does not affect the status of the minor for
any purpose, including the applicability of any provision of law which:
(a) Prohibits the sale, purchase or consumption
of intoxicating liquor to or by a person under the age of 21 years;
(b) Prohibits gaming or employment in gaming by
or of a person under the age of 21 years;
(c) Restricts the ability to marry of a person
under the age of 18 years;
(d) Governs matters relating to referrals for
delinquent acts or violations of NRS
392.040 to 392.125, inclusive,
unless the minor has been certified for trial as an adult pursuant to title 5
of NRS; or
(e) Imposes penalties or regulates conduct according
to the age of any person.
6. A petition may be filed by any person
or by any public agency to void a decree of emancipation on the following
grounds:
(a) The minor has become indigent and has
insufficient means of support; or
(b) The decree of emancipation was obtained by
fraud, misrepresentation or the withholding of material information.
7. The voiding of any decree of
emancipation must not alter any contractual obligations or rights or any
property rights or interests which arose during the period that the decree was
in effect.
(Added to NRS by 1987, 1280; A 1991, 2180; 2003, 1117)
NRS 129.140 Method not exclusive. The
method of emancipation of a minor provided for in NRS
129.080 to 129.130, inclusive, is in addition
to and not in substitution of, any other method of emancipation provided by
statute or common law.
(Added to NRS by 1987, 1281)
