Nrs: Chapter 129 - Minors’ Disabilities; Judicial Emancipation Of Minors

Link to law: https://www.leg.state.nv.us/NRS/NRS-129.html
Published: 2015

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[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)