[Rev. 2/10/2015 4:03:01
PM--2014R2]
CHAPTER 62E - DISPOSITION OF CASES BY
JUVENILE COURT
GENERAL PROVISIONS
NRS 62E.010 Adjudication
is not conviction and does not impose civil disabilities; exceptions.
NRS 62E.020 Modification
and termination of decrees and orders.
NRS 62E.030 Court
to provide certain information to school district concerning certain offenses.
NRS 62E.040 Penalties
imposed on adult who disobeys court order.
PROVISIONS APPLICABLE TO ALL CHILDREN SUBJECT TO JURISDICTION
OF JUVENILE COURT
Applicability
NRS 62E.100 Applicability
of provisions.
Commitment or Placement of Child
NRS 62E.110 Placement
of child in home; commitment of child to institution or facility.
NRS 62E.120 Preference
for certain relatives when placing child under supervision in home.
NRS 62E.130 Consideration
of religious faith in commitment of child to care of person, institution or
facility.
NRS 62E.140 Permitting
child to reside without immediate supervision of adult or exempting child from
mandatory attendance at school under certain circumstances.
NRS 62E.150 Provision
of information to institution or agency to which child is committed; provision
of information to juvenile court from such institution or agency.
NRS 62E.160 Placement
of child in need of supervision or in need of commitment outside of home in
institution for persons with intellectual disabilities or mental illness; study
and report; filing of plan; examination of child or parent or guardian by
physician, psychiatrist or psychologist.
NRS 62E.170 Review
of placement in foster home or other institution; dispositional hearings.
Restitution Contribution Fund
NRS 62E.175 Power
of juvenile court to establish restitution contribution fund.
Community Service
NRS 62E.180 Ordering
child or parent or guardian to perform community service.
NRS 62E.190 Supervising
entities; reports.
NRS 62E.200 Restrictions
concerning community service and programs of work on or near highways or in
other dangerous situations.
Alternative Programs
NRS 62E.210 When
juvenile court may order completion of certain alternative programs; payment of
cost of participation in such programs.
NRS 62E.220 Program
of cognitive training and human development.
NRS 62E.230 Cognitive
training and human development fund: Establishment; requirements for management
and expenditures of fund.
NRS 62E.240 Program
of sports or physical fitness and program for the arts.
Restrictions on Driver’s License
NRS 62E.250 Suspension
or delay in issuance of driver’s license.
NRS 62E.260 Information
provided to child upon application for driver’s license; procedure following
suspension or delay.
Miscellaneous Provisions
NRS 62E.270 Administrative
assessment to be ordered when fine is imposed against certain persons.
NRS 62E.280 Medical,
psychiatric, psychological and other care or treatment and examinations.
NRS 62E.290 Ordering
parent or guardian of child to refrain from certain conduct; counseling for
parent, guardian or other person living with child.
NRS 62E.300 Payment
of expenses of proceedings by parent or guardian.
PROVISIONS APPLICABLE TO CHILDREN IN NEED OF SUPERVISION
NRS 62E.400 Applicability
of provisions.
NRS 62E.410 Initial
admonition and referral; conditions before adjudication; inapplicability to
habitual truant.
NRS 62E.420 Placement
in certain facilities prohibited.
NRS 62E.430 Habitual
truants: Fines; suspension or delay in issuance of driver’s license; community
service.
NRS 62E.440 Offenses
related to tobacco: Fines; tobacco awareness and cessation program; suspension
or delay in issuance of driver’s license; costs and administrative assessments.
PROVISIONS APPLICABLE TO DELINQUENT CHILDREN
Applicability
NRS 62E.500 Applicability
of provisions.
Commitment
NRS 62E.510 Age
limitations on commitment of child to state facility for detention of children
and to private institution.
NRS 62E.513 Commitment
of child to facility for detention of children: Screening required; time and
method for conducting screening.
NRS 62E.516 Commitment
of child to facility for detention of children: Approval of methods for
screening; duties of Division of Child and Family Services; appropriate
governing body and chief judge to ensure compliance with requirements;
regulations.
NRS 62E.520 Commitment
of child to Division of Child and Family Services: Conditions and limitations;
notice; investigation and recommendation for placement of child.
NRS 62E.530 Commitment
of child to Division of Child and Family Services: Physical examination
required; report from physician.
NRS 62E.540 Commitment
of child to Division of Child and Family Services: Payment of expenses by
parent or guardian.
Restitution
NRS 62E.550 Power
of juvenile court to order restitution and to establish and administer programs
of restitution.
NRS 62E.560 Duty
of juvenile court to order restitution for certain unlawful acts;
responsibilities of parent or guardian of child; community service in lieu of
restitution.
NRS 62E.570 Determination
of amount of restitution.
NRS 62E.580 Program
of restitution through work: Establishment; requirements; powers of director of
juvenile services.
NRS 62E.590 Program
of restitution through work: Restitution through work fund.
NRS 62E.600 Program
of restitution through work: Conditions for participation; payment of costs.
NRS 62E.610 Victim
awarded restitution may bring civil action in district court to recover
damages.
Specific Acts Committed by Child
NRS 62E.620 Evaluation
of child who committed certain acts involving alcohol or controlled substance;
program of treatment; treatment facility not liable for acts of child; confidentiality
of information; driving under influence included in driver’s record of child.
NRS 62E.630 Certain
acts involving alcohol or controlled substance: Suspension or delay in issuance
of driver’s license.
NRS 62E.640 Driving
under influence: Revocation of driver’s license.
NRS 62E.650 Certain
acts involving firearm: Community service; suspension or delay in issuance of
driver’s license.
NRS 62E.660 Certain
acts involving firearm: Revocation of and prohibition from receiving license to
hunt.
NRS 62E.670 Act
involving use of firearm or use or threatened use of force or violence: Effect
on disposition.
NRS 62E.680 Act
involving cruelty to or torture of animal: Participation in counseling or other
psychological treatment; payment of costs.
NRS 62E.685 Act
involving killing or possession of certain animals.
NRS 62E.690 Certain
offenses concerning graffiti or defacement of property: Suspension or delay in
issuance of driver’s license.
NRS 62E.700 Minor
traffic offenses.
NRS 62E.705 Unlawful
operation of motor vehicle without or in violation of license or permit: Joint
and several liability of parent or guardian; community service in lieu of
monetary penalty.
NRS 62E.710 Violation
of probation or parole: Placement in facility for detention of children or
county jail.
Miscellaneous Provisions
NRS 62E.720 Program
of visitation to office of county coroner: Establishment; requirements; payment
of costs.
NRS 62E.730 Fines
and penalties.
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GENERAL PROVISIONS
NRS 62E.010 Adjudication is not conviction and does not impose civil
disabilities; exceptions.
1. A child who is adjudicated pursuant to
the provisions of this title is not a criminal and any adjudication is not a
conviction, and a child may be charged with a crime or convicted in a criminal
proceeding only as provided in this title.
2. Except as otherwise provided by
specific statute, an adjudication pursuant to the provisions of this title upon
the status of a child does not impose any of the civil disabilities ordinarily
resulting from conviction, and the disposition of a child or any evidence given
in the juvenile court must not be used to disqualify the child in any future
application for or appointment to the civil service.
(Added to NRS by 2003, 1062)
NRS 62E.020 Modification and termination of decrees and orders.
1. Except as otherwise provided in this
section, the juvenile court may at any time modify or terminate any decree or
order that it has made.
2. Except as otherwise provided in NRS 63.480, before the juvenile court may
modify or terminate an order committing a child to the custody of the Division
of Child and Family Services, the juvenile court shall:
(a) Provide the Administrator of the Division of
Child and Family Services with written notice not later than 10 days before
modifying or terminating the order, unless the Administrator waives the right
to receive such notice; and
(b) Give due consideration to the effect that the
modification or termination of the order will have upon the child and the
programs of the Division of Child and Family Services.
(Added to NRS by 2003, 1067)
NRS 62E.030 Court to provide certain information to school district
concerning certain offenses.
1. If a court determines that a child who
is currently enrolled in school unlawfully caused or attempted to cause serious
bodily injury to another person, the court shall provide the information
specified in subsection 2 to the school district in which the child is
currently enrolled.
2. The information required to be provided
pursuant to subsection 1 must include:
(a) The name of the child;
(b) A description of any injury sustained by the
other person;
(c) A description of any weapon used by the
child; and
(d) A description of any threats made by the
child against the other person before, during or after the incident in which
the child injured or attempted to injure the person.
3. If a court determines that a child who
is currently enrolled in school unlawfully engaged in bullying or
cyber-bullying, the court shall provide the information specified in subsection
4 to the school district in which the child is currently enrolled.
4. The information required to be provided
pursuant to subsection 3 must include:
(a) The name of the child;
(b) The name of the person who was the subject of
the bullying or cyber-bullying; and
(c) A description of any bullying or
cyber-bullying committed by the child against the other person.
5. As used in this section:
(a) “Bullying” has the meaning ascribed to it in NRS 388.122.
(b) “Cyber-bullying” has the meaning ascribed to
it in NRS 388.123.
(Added to NRS by 2003, 1066; A 2013, 1637)
NRS 62E.040 Penalties imposed on adult who disobeys court order.
1. Any person, except a child, who
willfully violates, neglects or refuses to obey the terms of any order of
disposition made by the juvenile court under the provisions of this title is guilty
of a misdemeanor and may be punished for contempt.
2. Except as otherwise provided in this
section, if the juvenile court determines that a person is guilty of contempt,
the person may be punished by:
(a) A fine, not to exceed $500; or
(b) Imprisonment, not to exceed 25 days,
Ê or both.
3. The juvenile court may punish a person
who is guilty of contempt by imprisonment for more than 25 days if:
(a) The person is guilty of contempt for refusing
to perform an act and the person has the power to perform the act; and
(b) The juvenile court specifies the act the
person must perform in the warrant of commitment.
4. A person punished pursuant to
subsection 3 may be imprisoned until the person performs the act specified in
the warrant of commitment.
(Added to NRS by 2003, 1032)
PROVISIONS APPLICABLE TO ALL CHILDREN SUBJECT TO
JURISDICTION OF JUVENILE COURT
Applicability
NRS 62E.100 Applicability of provisions. Except
as otherwise provided in NRS 62E.100 to 62E.300, inclusive:
1. The provisions of NRS 62E.100 to 62E.300,
inclusive, apply to the disposition of a case involving any child who is found
to be within the purview of this title.
2. In addition to any other orders or
actions authorized or required by the provisions of this title, if a child is
found to be within the purview of this title:
(a) The juvenile court may issue any orders or
take any actions set forth in NRS 62E.100 to 62E.300, inclusive, that the juvenile court deems
proper for the disposition of the case; and
(b) If required by a specific statute, the
juvenile court shall issue the appropriate orders or take the appropriate
actions set forth in the statute.
(Added to NRS by 2003, 1061; A 2013, 536)
Commitment or Placement of Child
NRS 62E.110 Placement of child in home; commitment of child to institution
or facility.
1. Except as otherwise provided in this
chapter, the juvenile court may:
(a) Place a child in the custody of a suitable
person for supervision in the child’s own home or in another home; or
(b) Commit the child to the custody of a public
or private institution or agency authorized to care for children.
2. If the juvenile court places the child
under supervision in a home:
(a) The juvenile court may impose such conditions
as the juvenile court deems proper; and
(b) The program of supervision in the home may
include electronic surveillance of the child.
3. If the juvenile court commits the child
to the custody of a public or private institution or agency, the juvenile court
shall select one that is required to be licensed by:
(a) The Department of Health and Human Services
to care for such children; or
(b) If the institution or agency is in another
state, the analogous department of that state.
(Added to NRS by 2003, 1062)
NRS 62E.120 Preference for certain relatives when placing child under
supervision in home. In determining
whether to place a child in the custody of a person other than a parent or
guardian, the juvenile court shall give preference to any person who is related
to the child within the fifth degree of consanguinity if the juvenile court
finds that the person is suitable and able to provide proper care and guidance
for the child.
(Added to NRS by 2003, 1062; A 2009, 218)
NRS 62E.130 Consideration of religious faith in commitment of child to care
of person, institution or facility. In
placing a child in the custody of a person or a public or private institution
or agency, the juvenile court shall select, when practicable, a person or an
institution or agency governed by persons of:
1. The same religious faith as that of the
parents of the child;
2. If the religious faiths of the parents
differ, the religious faith of the child; or
3. If the religious faith of the child is
not ascertainable, the religious faith of either of the parents.
(Added to NRS by 2003, 1062)
NRS 62E.140 Permitting child to reside without immediate supervision of
adult or exempting child from mandatory attendance at school under certain
circumstances. The juvenile court
may permit a child to reside in a residence without the immediate supervision
of an adult, exempt the child from mandatory attendance at school so that the
child may be employed full-time, or both, if the child:
1. Is at least 16 years of age;
2. Has demonstrated the capacity to
benefit from this placement or exemption; and
3. Is under the strict supervision of the
juvenile court.
(Added to NRS by 2003, 1062)
NRS 62E.150 Provision of information to institution or agency to which child
is committed; provision of information to juvenile court from such institution
or agency.
1. If the juvenile court commits a child
to the custody of a public or private institution or agency, the juvenile court
shall:
(a) Transmit a summary of its information
concerning the child to the institution or agency; and
(b) Order the administrator of the school that
the child last attended to transmit a copy of the child’s educational records
to the institution or agency.
2. The institution or agency to which the
child is committed shall provide the juvenile court with any information
concerning the child that the juvenile court may require.
(Added to NRS by 2003, 1063)
NRS 62E.160 Placement of child in need of supervision or in need of
commitment outside of home in institution for persons with intellectual
disabilities or mental illness; study and report; filing of plan; examination
of child or parent or guardian by physician, psychiatrist or psychologist.
1. If it has been admitted or determined
that a child is in need of supervision or in need of commitment to an
institution for persons with intellectual disabilities or mental illness and
the child has been or will be placed outside the home of the child by court
order:
(a) The juvenile court shall direct a probation
officer or an authorized agency to prepare for the juvenile court a study and a
written report concerning the child, the family of the child, the environment
of the child and other matters relevant to the need for treatment or
disposition of the case; and
(b) The agency which is charged with the care and
custody of the child or the agency which has the responsibility for supervising
the placement of the child shall file with the juvenile court a plan which
includes:
(1) The social history of the child and
the family of the child;
(2) The wishes of the child relating to
the placement of the child;
(3) A statement of the conditions which
require intervention by the juvenile court and whether the removal of the child
from the home of the child was a result of a judicial determination that the
child’s continuation in the home would be contrary to the child’s welfare;
(4) A statement of the harm which the
child is likely to suffer as a result of the removal;
(5) A discussion of the efforts made by
the agency to avoid removing the child from the home of the child before the
agency placed the child in foster care;
(6) The special programs available to the
parent or guardian of the child which might prevent further harm to the child
and the reason that each program is likely to be useful, and the overall plan
of the agency to ensure that the services are available;
(7) A description of the type of home or
institution in which the child could be placed, a plan for ensuring that the
child would receive proper care and a description of the needs of the child;
and
(8) A description of the efforts made by
the agency to facilitate the return of the child to the home of the child or
permanent placement of the child.
2. If there are indications that a child
may be a person with an intellectual disability or mental illness, the juvenile
court may order the child to be examined at a suitable place by a physician,
psychiatrist or psychologist before a hearing on the merits of the petition.
The examinations made before a hearing or as part of the study provided for in
subsection 1 must be conducted without admission to a hospital unless the
juvenile court finds that placement in a hospital or other appropriate facility
is necessary.
3. After a hearing, the juvenile court may
order a parent or guardian of the child to be examined by a physician,
psychiatrist or psychologist if:
(a) The ability of the parent or guardian to care
for or supervise the child is at issue before the juvenile court; and
(b) The parent or guardian consents to the
examination.
(Added to NRS by 2003, 1063; A 2013, 682)
NRS 62E.170 Review of placement in foster home or other institution;
dispositional hearings.
1. Except as otherwise provided in this
section, if the juvenile court places a child in a foster home or other similar
institution, the juvenile court shall review the placement at least
semiannually for the purpose of determining whether:
(a) Continued placement or supervision is in the
best interests of the child and the public; and
(b) The child is being treated fairly.
2. In conducting the review, the juvenile
court may:
(a) Require a written report from the child’s
protective services officer, welfare worker or other guardian of the child
which includes, but is not limited to, an evaluation of the progress of the
child and recommendations for further supervision, treatment or rehabilitation.
(b) Request any information or statements that
the juvenile court deems necessary for the review.
3. The juvenile court shall hold
dispositional hearings not later than 18 months after the review required by
subsection 1, and at least annually thereafter.
4. The juvenile court shall hold each
dispositional hearing to determine whether:
(a) The child should be returned to the child’s
parent or guardian or other relatives;
(b) The child’s placement in the foster home or
other similar institution should be continued;
(c) The child should be placed for adoption or
under a legal guardianship; or
(d) The child should remain in the foster home or
other similar institution on a long-term basis.
5. The provisions of this section do not
apply to the placement of a child in the home of the child’s parent or parents.
6. This section does not limit the power
of the juvenile court to order a review or similar proceeding under subsection
1 other than semiannually.
7. In determining the placement of the
child pursuant to this section, the juvenile court shall give preference to any
person who is related to the child within the fifth degree of consanguinity if
the juvenile court finds that the person is suitable and able to provide proper
care and guidance for the child.
(Added to NRS by 2003, 1064; A 2009, 218)
Restitution Contribution Fund
NRS 62E.175 Power of juvenile court to establish restitution contribution
fund.
1. The juvenile court may establish, with
the county treasurer as custodian, a special fund to be known as the
restitution contribution fund.
2. The juvenile court may apply for and
accept grants, gifts, donations, bequests or devises which the director of
juvenile services shall deposit with the county treasurer for credit to the
fund.
3. The fund must be a separate and
continuing fund, and no money in the fund reverts to the general fund of the
county at any time. The interest earned on the money in the fund, after
deducting any applicable charges, must be credited to the fund.
4. The juvenile court shall:
(a) Expend money from the fund only to provide
restitution to a victim of an unlawful act committed by a child; and
(b) If the source of the money is a grant, gift,
donation, bequest or devise, expend the money, to the extent permitted by law,
in accordance with the terms of the grant, gift, donation, bequest or devise.
5. The juvenile court must authorize any
expenditure from the fund before it is made.
(Added to NRS by 2013, 536)
Community Service
NRS 62E.180 Ordering child or parent or guardian to perform community
service.
1. The juvenile court may order a child or
the parent or guardian of the child, or both, to perform community service.
2. If the juvenile court orders a child or
the parent or guardian of the child, or both, to perform community service
pursuant to the provisions of this title, the juvenile court may order the
child or the parent or guardian of the child, or both, to deposit with the
juvenile court a reasonable sum of money to pay for the cost of a policy for
insurance against liability for personal injury and damage to property or for
industrial insurance, or both, during those periods in which the work is
performed, unless, in the case of industrial insurance, it is provided by the
authority for which the work is performed.
(Added to NRS by 2003, 1065)
NRS 62E.190 Supervising entities; reports.
1. If the juvenile court orders a child or
the parent or guardian of the child, or both, to perform community service
pursuant to the provisions of this title, the child or parent or guardian of
the child, or both, must perform the community service for and under the
supervising authority of a county, city, town or other political subdivision or
agency of the State of Nevada or a charitable organization that renders service
to the community or its residents, including, but not limited to:
(a) A public organization that works on public
projects;
(b) A public agency that works on projects to
eradicate graffiti; or
(c) A private nonprofit organization that
performs other community service.
2. The person or entity who supervises the
community service shall make such reports to the juvenile court as the juvenile
court may require.
(Added to NRS by 2003, 1046)
NRS 62E.200 Restrictions concerning community service and programs of work
on or near highways or in other dangerous situations.
1. Except as otherwise provided in this
section, if a child is required to perform any work or community service
pursuant to the provisions of this title, the supervising entity shall not
allow the child to perform the work or community service on or near a highway
or in any other dangerous situation.
2. A supervising entity may allow a child
to perform work or community service on or near a controlled-access highway if:
(a) The child is not required to perform any work
or service in the median of the highway;
(b) The work or service is performed behind a
guardrail or other safety barrier;
(c) Appropriate warning signs are placed on the
highway at least 100 yards in front of the location where the child is working
from both directions, as appropriate based on the speed of the vehicles
traveling on the highway;
(d) A vehicle with an amber light placed on top
of the vehicle is placed at the site in a manner which shields the child from
traffic;
(e) The child is required to wear a reflective
vest and an orange hat;
(f) The supervising entity obtains written
permission from the parent or guardian of the child; and
(g) The supervising entity obtains written
permission from and complies with all safety rules of the governmental entity
with authority over the controlled-access highway.
3. A supervising entity may allow a child
to perform work or community service on or near a highway that does not have
controlled access if:
(a) The child is not required to perform any work
or service in the median of the highway;
(b) Appropriate warning signs are placed at least
100 yards in front of the location where the child is working from both
directions, as appropriate based on the speed of the vehicles traveling on the
highway;
(c) A vehicle with an amber light placed on top
of the vehicle is placed at the site in a manner which shields the child from
traffic;
(d) The child is required to wear a reflective
vest and an orange hat;
(e) The supervising entity obtains written
permission from the parent or guardian of the child; and
(f) The supervising entity obtains written
permission from and complies with all safety rules of the governmental entity
with authority over the highway.
4. Upon the request of the parent or
guardian of the child who is assigned to perform work or community service on
or near a highway pursuant to subsection 2 or 3, the supervising entity shall
make available to the parent or guardian information regarding the nature of
the work or community service to be performed by the child and the specific
location at which the work or community service is to be performed.
5. As used in this section:
(a) “Controlled-access highway” means every
highway to or from which owners or occupants of abutting lands and other
persons have no legal right of access except at such points only and in such
manner as may be determined by a public authority.
(b) “Other dangerous situation” means any
situation that poses a reasonably foreseeable risk that serious bodily harm or
injury to a child could occur.
(c) “Supervising entity” means a person or entity
that is responsible for supervising children who are ordered to perform work or
community service pursuant to the provisions of this title.
(Added to NRS by 2003, 1046)
Alternative Programs
NRS 62E.210 When juvenile court may order completion of certain alternative
programs; payment of cost of participation in such programs.
1. If a child has not previously been
adjudicated delinquent or in need of supervision and the unlawful act committed
by the delinquent child did not involve the use or threatened use of force or
violence against a victim, the juvenile court may order a child to complete any
or all of the following programs:
(a) A program of cognitive training and human
development established pursuant to NRS 62E.220.
(b) A program for the arts as described in NRS 62E.240.
(c) A program of sports or physical fitness as
described in NRS 62E.240.
2. If the juvenile court orders the child
to participate in a program of cognitive training and human development, a
program for the arts or a program of sports or physical fitness, the juvenile
court may order any or all of the following, in the following order of priority
if practicable:
(a) The child or the parent or guardian of the
child, or both, to the extent of their financial ability, to pay the costs
associated with the participation of the child in the program, including, but
not limited to, a reasonable sum of money to pay for the cost of policies of
insurance against liability for personal injury and damage to property during
those periods in which the child participates in the program;
(b) The child to work on projects or perform
community service for a period that reflects the costs associated with the
participation of the child in the program; or
(c) The county in which the petition alleging the
child to be in need of supervision is filed to pay the costs associated with
the participation of the child in the program.
(Added to NRS by 2003, 1066)
NRS 62E.220 Program of cognitive training and human development.
1. A program of cognitive training and
human development must include, but is not limited to, education, instruction
or guidance in one or more of the following subjects, as deemed appropriate by
the juvenile court:
(a) Motivation.
(b) Habits, attitudes and conditioning.
(c) Self-conditioning processes.
(d) Developing a successful way of life.
(e) The process of solving problems.
(f) Emotions and emotional blocks.
(g) Assurances and demonstrative maturity.
(h) Family success.
(i) Family relationships.
(j) Interfamilial understanding and
communications.
(k) Financial stability.
(l) Effective communications.
(m) Conflict resolution.
(n) Anger management.
(o) Obtaining and retaining employment.
2. A director of juvenile services may
contract with persons and public or private entities that are qualified to
operate or to participate in a program of cognitive training and human
development.
3. A director of juvenile services may
designate a person to carry out the provisions of this section.
(Added to NRS by 2003, 1044)
NRS 62E.230 Cognitive training and human development fund: Establishment;
requirements for management and expenditures of fund.
1. To finance a program of cognitive
training and human development established pursuant to NRS
62E.220, a director of juvenile services may establish, with the county
treasurer as custodian, a special fund to be known as the cognitive training
and human development fund.
2. A director of juvenile services may
apply for and accept grants, gifts, donations, bequests or devises which the
director shall deposit with the county treasurer for credit to the fund.
3. The fund must be a separate and
continuing fund, and no money in the fund reverts to the general fund of the
county at any time. The interest earned on the money in the fund, after
deducting any applicable charges, must be credited to the fund.
4. A director of juvenile services shall:
(a) Expend money from the fund only to finance a
program of cognitive training and human development; and
(b) If the source of the money is a grant, gift,
donation, bequest or devise, expend the money, to the extent permitted by law,
in accordance with the terms of the grant, gift, donation, bequest or devise.
5. A director of juvenile services must
authorize any expenditure from the fund before it is made.
(Added to NRS by 2003, 1044)
NRS 62E.240 Program of sports or physical fitness and program for the arts.
1. A program of sports or physical fitness
and a program for the arts:
(a) May be publicly or privately operated; and
(b) Must be adequately supervised.
2. A program for the arts may include, but
is not limited to:
(a) Drawing, painting, photography or other
visual arts;
(b) Writing;
(c) Musical, dance or theatrical performance; and
(d) Any other structured activity that involves
creative or artistic expression.
(Added to NRS by 2003, 1044)
Restrictions on Driver’s License
NRS 62E.250 Suspension or delay in issuance of driver’s license.
1. The juvenile court may order that the
driver’s license of a child be suspended for at least 90 days but not more than
2 years.
2. If the child does not possess a
driver’s license, the juvenile court may prohibit the child from receiving a
driver’s license for at least 90 days but not more than 2 years:
(a) Immediately following the date of the order,
if the child is eligible to receive a driver’s license.
(b) After the date the child becomes eligible to
apply for a driver’s license, if the child is not eligible to receive a license
on the date of the order.
(Added to NRS by 2003, 1065)
NRS 62E.260 Information provided to child upon application for driver’s
license; procedure following suspension or delay.
1. If a child applies for a driver’s
license, the Department of Motor Vehicles shall:
(a) Notify the child of the provisions of this
title that permit the juvenile court to suspend or revoke the driver’s license
of the child; and
(b) Require the child to sign an affidavit
acknowledging that the child is aware that the driver’s license of the child
may be suspended or revoked pursuant to the provisions of this title.
2. If the juvenile court issues an order
delaying the ability of a child to receive a driver’s license, not later than 5
days after issuing the order the juvenile court shall forward to the Department
of Motor Vehicles a copy of the order.
3. If the juvenile court issues an order
suspending the driver’s license of a child:
(a) The juvenile court shall order the child to
surrender the driver’s license of the child to the juvenile court; and
(b) Not later than 5 days after issuing the
order, the juvenile court shall forward to the Department of Motor Vehicles a
copy of the order and the driver’s license of the child.
4. If the juvenile court issues an order
suspending the driver’s license of a child, the Department of Motor Vehicles:
(a) Shall report the suspension of the driver’s
license of the child to an insurance company or its agent inquiring about the
child’s driving record, but such a suspension must not be considered for the
purpose of rating or underwriting.
(b) Shall not treat the suspension in the manner statutorily
required for moving traffic violations, unless the suspension resulted from the
child’s poor performance as a driver.
(c) Shall not require the child to submit to the
tests and other requirements which are adopted by regulation pursuant to subsection
1 of NRS 483.495 as a condition of
reinstatement or reissuance after the suspension of a driver’s license, unless
the suspension resulted from the child’s poor performance as a driver.
(Added to NRS by 2003, 1065)
Miscellaneous Provisions
NRS 62E.270 Administrative assessment to be ordered when fine is imposed
against certain persons.
1. If the juvenile court imposes a fine
against:
(a) A delinquent child pursuant to NRS 62E.730;
(b) A child who has committed a minor traffic
offense, except an offense related to metered parking, pursuant to NRS 62E.700; or
(c) A child in need of supervision, or the parent
or guardian of the child, because the child is a habitual truant pursuant to NRS 62E.430,
Ê the juvenile
court shall order the child or the parent or guardian of the child to pay an administrative
assessment of $10 in addition to the fine.
2. If, pursuant to NRS
62E.440, the juvenile court imposes a fine against a child who has
committed an offense related to tobacco, the juvenile court shall order the
child to pay an administrative assessment of $10 in addition to the fine.
3. The juvenile court shall state
separately on its docket the amount of money that the juvenile court collects
for the administrative assessment.
4. If the child is found not to have
committed the alleged act or the charges are dropped, the juvenile court shall
return to the child or the parent or guardian of the child any money deposited
with the juvenile court for the administrative assessment.
5. On or before the fifth day of each
month for the preceding month, the clerk of the court shall pay to the county
treasurer the money the juvenile court collects for administrative assessments.
6. On or before the 15th day of each
month, the county treasurer shall deposit the money in the county general fund
for credit to a special account for the use of the county’s juvenile court or
for services to delinquent children.
(Added to NRS by 2003, 1067; A 2007, 1818; 2013, 1530)
NRS 62E.280 Medical, psychiatric, psychological and other care or treatment
and examinations.
1. The juvenile court may:
(a) Order such medical, psychiatric,
psychological or other care and treatment for a child as the juvenile court
deems to be in the best interests of the child; and
(b) Cause the child to be examined by a
physician, psychiatrist, psychologist or other qualified person.
2. If the child appears to be in need of
medical, psychiatric, psychological or other care or treatment:
(a) The juvenile court may order the parent or
guardian of the child to provide such care or treatment; and
(b) If, after due notice, the parent or guardian
fails to provide such care or treatment, the juvenile court may order that the
child be provided with the care or treatment. When approved by the juvenile
court, the expense of such care or treatment is a charge upon the county, but
the juvenile court may order the person having the duty under the law to
support the child to pay part or all of the expenses of such care or treatment.
(Added to NRS by 2003, 1064)
NRS 62E.290 Ordering parent or guardian of child to refrain from certain
conduct; counseling for parent, guardian or other person living with child.
1. The juvenile court may order the parent
or guardian of a child to refrain from engaging in or continuing any conduct
which the juvenile court believes has caused or tended to cause the child to
become subject to the jurisdiction of the juvenile court.
2. If the child is less than 18 years of
age, the juvenile court may order:
(a) The parent or guardian of the child; and
(b) Any sibling or other person who is living in
the same household as the child over whom the juvenile court has jurisdiction,
Ê to attend or
participate in counseling, with or without the child, including, but not
limited to, counseling regarding parenting skills, alcohol or substance abuse,
or techniques of dispute resolution.
(Added to NRS by 2003, 1065)
NRS 62E.300 Payment of expenses of proceedings by parent or guardian. The juvenile court may order the parent or
guardian of a child to pay, in whole or in part, for the costs related to the
proceedings involving the disposition of the case, including, but not limited
to:
1. Reasonable attorney’s fees;
2. Any costs incurred by the juvenile
court; and
3. Any costs incurred in investigating the
acts committed by the child and in taking the child into custody.
(Added to NRS by 2003, 1067)
PROVISIONS APPLICABLE TO CHILDREN IN NEED OF SUPERVISION
NRS 62E.400 Applicability of provisions.
1. The provisions of NRS 62E.400 to 62E.440,
inclusive, apply to the disposition of a case involving a child who is found to
be within the purview of this title because the child is or is alleged to be in
need of supervision.
2. If such a child is found to be within
the purview of this title:
(a) The juvenile court may issue any orders or
take any actions set forth in NRS 62E.400 to 62E.440, inclusive, that the juvenile court deems
proper for the disposition of the case; and
(b) If required by a specific statute, the
juvenile court shall issue the appropriate orders or take the appropriate actions
set forth in the statute.
(Added to NRS by 2003, 1068; A 2013, 1530)
NRS 62E.410 Initial admonition and referral; conditions before adjudication;
inapplicability to habitual truant.
1. If a petition is filed alleging that a
child is in need of supervision and the child previously has not been found to
be within the purview of this title, the juvenile court:
(a) Shall admonish the child to obey the law and
to refrain from repeating the acts for which the petition was filed;
(b) Shall maintain a record of the admonition;
(c) Shall refer the child to services available in
the community for counseling, behavioral modification and social adjustment;
and
(d) Shall not adjudicate the child to be in need
of supervision, unless a subsequent petition based upon additional facts is
filed with the juvenile court after admonition and referral pursuant to this
subsection.
2. If a child is not subject to the
provisions of subsection 1, the juvenile court may not adjudicate the child to
be in need of supervision unless the juvenile court expressly finds that
reasonable efforts were taken in the community to assist the child in ceasing
the behavior for which the child is alleged to be in need of supervision.
3. The provisions of this section do not
apply to a child who is alleged to be in need of supervision because the child
is a habitual truant.
(Added to NRS by 2003, 1049)
NRS 62E.420 Placement in certain facilities prohibited. A child in need of supervision must not be
committed to or otherwise placed in a state facility for the detention of
children or any other facility that provides correctional care.
(Added to NRS by 2003, 1068)
NRS 62E.430 Habitual truants: Fines; suspension or delay in issuance of
driver’s license; community service.
1. If a child is adjudicated to be in need
of supervision because the child is a habitual truant, the juvenile court
shall:
(a) The first time the child is adjudicated to be
in need of supervision because the child is a habitual truant:
(1) Order:
(I) The child to pay a fine of not
more than $100 and the administrative assessment required by NRS 62E.270 or if the parent or guardian of the child
knowingly induced the child to be a habitual truant, order the parent or
guardian to pay the fine and the administrative assessment; or
(II) The child to perform not less
than 8 hours but not more than 16 hours of community service; and
(2) If the child is 14 years of age or
older, order the suspension of the driver’s license of the child for at least
30 days but not more than 6 months. If the child does not possess a driver’s
license, the juvenile court shall prohibit the child from applying for a
driver’s license for 30 days:
(I) Immediately following the date
of the order if the child is eligible to apply for a driver’s license; or
(II) After the date the child
becomes eligible to apply for a driver’s license if the child is not eligible
to apply for a driver’s license.
(b) The second or any subsequent time the child
is adjudicated to be in need of supervision because the child is a habitual
truant:
(1) Order:
(I) The child to pay a fine of not
more than $200 and the administrative assessment required by NRS 62E.270 or if the parent or guardian of the child
knowingly induced the child to be a habitual truant, order the parent or
guardian to pay the fine and the administrative assessment;
(II) The child to perform not more
than 10 hours of community service; or
(III) Compliance with the
requirements set forth in both sub-subparagraphs (I) and (II); and
(2) If the child is 14 years of age or
older, order the suspension of the driver’s license of the child for at least
60 days but not more than 1 year. If the child does not possess a driver’s
license, the juvenile court shall prohibit the child from applying for a
driver’s license for 60 days:
(I) Immediately following the date
of the order if the child is eligible to apply for a driver’s license; or
(II) After the date the child
becomes eligible to apply for a driver’s license if the child is not eligible
to apply for a driver’s license.
2. The juvenile court may suspend the
payment of a fine ordered pursuant to paragraph (a) of subsection 1 if the
child attends school for 60 consecutive school days, or its equivalent in a
school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the imposition of the
fine, or has a valid excuse acceptable to the child’s teacher or the principal
for any absence from school within that period.
3. The juvenile court may suspend the
payment of a fine ordered pursuant to this section if the parent or guardian of
a child is ordered to pay a fine by another court of competent jurisdiction in
a case relating to or arising out of the same circumstances that caused the
juvenile court to adjudicate the child in need of supervision.
4. The community service ordered pursuant
to this section must be performed at the child’s school of attendance, if
practicable.
(Added to NRS by 2003, 1068; A 2003, 3218; 2007, 1819)
NRS 62E.440 Offenses related to tobacco: Fines; tobacco awareness and
cessation program; suspension or delay in issuance of driver’s license; costs
and administrative assessments.
1. If a child is adjudicated to be in need
of supervision because the child has committed an offense related to tobacco,
the juvenile court may:
(a) The first time the child is adjudicated to be
in need of supervision because the child has committed an offense related to
tobacco, order the child to:
(1) Pay a fine of $25; and
(2) Attend and complete a tobacco
awareness and cessation program.
(b) The second time the child is adjudicated to
be in need of supervision because the child has committed an offense related to
tobacco, order the child to:
(1) Pay a fine of $50; and
(2) Attend and complete a tobacco
awareness and cessation program.
(c) The third or any subsequent time the child is
adjudicated to be in need of supervision because the child has committed an
offense related to tobacco, order:
(1) The child to pay a fine of $75;
(2) The child to attend and complete a
tobacco awareness and cessation program; and
(3) That the driver’s license of the child
be suspended for at least 30 days but not more than 90 days or, if the child
does not possess a driver’s license, prohibit the child from receiving a
driver’s license for at least 30 days but not more than 90 days:
(I) Immediately following the date
of the order, if the child is eligible to receive a driver’s license.
(II) After the date the child
becomes eligible to apply for a driver’s license, if the child is not eligible
to receive a license on the date of the order.
2. If the juvenile court orders a child to
attend and complete a tobacco awareness and cessation program, the juvenile
court may order the child or the parent or guardian of the child, or both, to
pay the reasonable cost for the child to attend the program.
3. If the juvenile court orders a child to
pay a fine pursuant to this section, the juvenile court shall order the child
to pay an administrative assessment pursuant to NRS
62E.270.
4. If the juvenile court orders a child to
pay a fine and administrative assessment pursuant to this section and the child
willfully fails to pay the fine or administrative assessment, the juvenile
court may order that the driver’s license of the child be suspended for at
least 30 days but not more than 90 days or, if the child does not possess a
driver’s license, prohibit the child from receiving a driver’s license for at
least 30 days but not more than 90 days:
(a) Immediately following the date of the order,
if the child is eligible to receive a driver’s license.
(b) After the date the child becomes eligible to
apply for a driver’s license, if the child is not eligible to receive a license
on the date of the order.
Ê If the child
is already the subject of a court order suspending or delaying the issuance of
the driver’s license of the child, the juvenile court shall order the
additional suspension or delay, as appropriate, to apply consecutively with the
previous order.
5. If the juvenile court suspends the
driver’s license of a child pursuant to this section, the juvenile court may
order the Department of Motor Vehicles to issue a restricted driver’s license
pursuant to NRS 483.490 permitting the
child to drive a motor vehicle:
(a) To and from work or in the course of his or
her work, or both;
(b) To and from school; or
(c) To acquire supplies of medicine or food or
receive regularly scheduled medical care for himself, herself or a member of
his or her immediate family.
(Added to NRS by 2013, 1528)
PROVISIONS APPLICABLE TO DELINQUENT CHILDREN
Applicability
NRS 62E.500 Applicability of provisions.
1. The provisions of NRS 62E.500 to 62E.730,
inclusive:
(a) Apply to the disposition of a case involving
a child who is adjudicated delinquent.
(b) Except as otherwise provided in NRS 62E.700 and 62E.705,
do not apply to the disposition of a case involving a child who is found to
have committed a minor traffic offense.
2. If a child is adjudicated delinquent:
(a) The juvenile court may issue any orders or
take any actions set forth in NRS 62E.500 to 62E.730, inclusive, that the juvenile court deems
proper for the disposition of the case; and
(b) If required by a specific statute, the
juvenile court shall issue the appropriate orders or take the appropriate
actions set forth in the statute.
(Added to NRS by 2003, 1069; A 2005, 1036; 2007, 645)
Commitment
NRS 62E.510 Age limitations on commitment of child to state facility for
detention of children and to private institution.
1. If a delinquent child is less than 12
years of age, the juvenile court shall not commit the child to a state facility
for the detention of children.
2. If a delinquent child is 12 years of
age or older, the juvenile court shall not commit the child to a private
institution.
(Added to NRS by 2003, 1069; A 2011, 2519)
NRS 62E.513 Commitment of child to facility for detention of children:
Screening required; time and method for conducting screening.
1. Each child who is adjudicated
delinquent and committed by the juvenile court to a regional facility for the
detention of children or state facility for the detention of children or
ordered by the juvenile court to be placed in a facility for the detention of
children pursuant to NRS 62E.710 must be screened
to determine whether the child is in need of mental health services or is an
abuser of alcohol or drugs.
2. The facility to which the child is
committed or in which the child is placed shall cause the screening required
pursuant to subsection 1 to be conducted as soon as practicable after the child
has been committed to or placed in the facility.
3. The method for conducting the screening
required pursuant to subsection 1 must satisfy the requirements of NRS 62E.516.
(Added to NRS by 2005, 1035)
NRS 62E.516 Commitment of child to facility for detention of children:
Approval of methods for screening; duties of Division of Child and Family
Services; appropriate governing body and chief judge to ensure compliance with
requirements; regulations.
1. Each local facility for the detention
of children and regional facility for the detention of children shall conduct
the screening required pursuant to NRS
62C.035 and 62E.513 using a method that has
been approved by the Division of Child and Family Services. The Division shall
approve a method upon determining that the method is:
(a) Based on research; and
(b) Reliable and valid for identifying a child
who is in need of mental health services or who is an abuser of alcohol or
other drugs.
2. Each local facility for the detention
of children and regional facility for the detention of children shall submit
its method for conducting the screening required pursuant to NRS 62C.035 and 62E.513
to the Division of Child and Family Services for approval on or before July 1
of each fifth year after the date on which the method was initially approved by
the Division. Before a local facility for the detention of children or regional
facility for the detention of children may begin using a new method for
conducting the screening required pursuant to NRS 62C.035 and 62E.513,
the facility must obtain approval of the method from the Division pursuant to
subsection 1.
3. If the Division of Child and Family
Services does not approve a method for conducting the screening required
pursuant to NRS 62C.035 and 62E.513 that is submitted by a local facility for the
detention of children or a regional facility for the detention of children, and
the facility does not submit a new method for conducting the screening for
approval within 90 days after the denial, the Division of Child and Family
Services shall notify the appropriate board of county commissioners or other
governing body which administers the facility and the chief judge of the
appropriate judicial district that the facility has not received approval of
its method for conducting the screening as required by this section.
4. Upon receiving the notice required by
subsection 3, the appropriate board of county commissioners or governing body
and the chief judge shall take appropriate action to ensure that the facility
complies with the requirements of this section and NRS 62C.035 and 62E.513.
5. Each state facility for the detention
of children shall use a method for conducting the screening required pursuant
to NRS 62E.513 that satisfies the requirements of
paragraphs (a) and (b) of subsection 1. The Division of Child and Family
Services shall review the method used by each state facility for the detention
of children at least once every 5 years to ensure the method used by the
facility continues to satisfy the requirements of paragraphs (a) and (b) of
subsection 1.
6. The Division of Child and Family
Services shall adopt such regulations as are necessary to carry out the
provisions of this section and NRS
62C.035 and 62E.513, including, without
limitation, regulations prescribing the requirements for:
(a) Transmitting information obtained from the
screening conducted pursuant to NRS
62C.035 and 62E.513; and
(b) Protecting the confidentiality of information
obtained from such screening.
(Added to NRS by 2005, 1035)
NRS 62E.520 Commitment of child to Division of Child and Family Services:
Conditions and limitations; notice; investigation and recommendation for
placement of child.
1. The juvenile court may commit a
delinquent child to the custody of the Division of Child and Family Services
for suitable placement if:
(a) The child is at least 8 years of age but less
than 12 years of age, and the juvenile court finds that the child is in need of
placement in a correctional or institutional facility; or
(b) The child is at least 12 years of age but
less than 18 years of age, and the juvenile court finds that the child:
(1) Is in need of placement in a
correctional or institutional facility; and
(2) Is in need of residential psychiatric
services or other residential services for the mental health of the child.
2. Before the juvenile court commits a
delinquent child to the custody of the Division of Child and Family Services,
the juvenile court shall:
(a) Notify the Division at least 3 working days
before the juvenile court holds a hearing to consider such a commitment; and
(b) At the request of the Division, provide the
Division with not more than 10 working days within which to:
(1) Investigate the child and the
circumstances of the child; and
(2) Recommend a suitable placement to the
juvenile court.
(Added to NRS by 2003, 1069)
NRS 62E.530 Commitment of child to Division of Child and Family Services: Physical
examination required; report from physician.
1. Before the juvenile court commits a
delinquent child to the custody of the Division of Child and Family Services,
the juvenile court shall order that a physician conduct a physical examination
of the child, which includes a blood test, test for tuberculosis, urinalysis
and an examination for venereal disease.
2. Not later than 5 days after the date on
which the physical examination is conducted, the physician shall make a written
report of the results of the physical examination to the clerk of the court.
3. Upon receipt of the written report:
(a) The clerk of the court shall immediately
forward a copy of the written report to the Administrator of the Division of
Child and Family Services; and
(b) The county auditor shall allow a claim for
payment to the physician for the physical examination.
(Added to NRS by 2003, 1069)
NRS 62E.540 Commitment of child to Division of Child and Family Services:
Payment of expenses by parent or guardian.
1. If the juvenile court commits a
delinquent child to the custody of the Division of Child and Family Services,
the juvenile court may order the parent or guardian of the child to pay, in
whole or in part, for the support of the child.
2. If the juvenile court orders the parent
or guardian of the child to pay for the support of the child:
(a) The payments must be paid to the
Administrator of the Division of Child and Family Services; and
(b) The Administrator shall deposit the payments
with the State Treasurer for credit to a separate account in the State General
Fund. The Administrator may expend the money in the separate account to carry
out the powers and duties of the Administrator and the Division of Child and
Family Services.
(Added to NRS by 2003, 1070)
Restitution
NRS 62E.550 Power of juvenile court to order restitution and to establish
and administer programs of restitution.
1. Except as otherwise provided in NRS 62E.560, the juvenile court may order a
delinquent child or the parent or guardian of the child, or both:
(a) To provide restitution to the victim of any
unlawful act committed by the child; or
(b) To participate in a program designed to
provide restitution to a victim of any unlawful act committed by the child.
2. The juvenile court may establish and
administer programs which are designed to provide restitution to victims of
unlawful acts committed by delinquent children.
(Added to NRS by 2003, 1071)
NRS 62E.560 Duty of juvenile court to order restitution for certain unlawful
acts; responsibilities of parent or guardian of child; community service in
lieu of restitution.
1. If a delinquent child has committed an
unlawful act that causes physical injury to a victim of the act, the juvenile
court shall order the child to provide restitution to the victim for medical
expenses incurred as a result of the act.
2. If a delinquent child has committed an
unlawful act that damaged or destroyed property owned or possessed by another
person, the juvenile court shall order the child to provide restitution to the
person who owns or possesses the property.
3. If the child is not able to provide
restitution pursuant to this section, the juvenile court shall order the parent
or guardian of the child to provide restitution, unless the juvenile court
determines that extenuating circumstances exist.
4. If, because of financial hardship, a
delinquent child or the parent or guardian of the child, or both, are unable to
provide restitution pursuant to this section, the juvenile court shall order
the child or the parent or guardian of the child, or both, to perform community
service.
(Added to NRS by 2003, 1072)
NRS 62E.570 Determination of amount of restitution. If
the juvenile court orders a delinquent child or the parent or guardian of the
child, or both, to pay restitution:
1. The juvenile court shall determine the
amount of restitution the child or parent or guardian of the child, or both,
must pay to the victim; and
2. The juvenile court may order that the
child or parent or guardian of the child, or both, pay restitution in an amount
that equals the full amount of the loss incurred by the victim, regardless of
the amount of insurance coverage that exists for the loss.
(Added to NRS by 2003, 1072)
NRS 62E.580 Program of restitution through work: Establishment;
requirements; powers of director of juvenile services.
1. A director of juvenile services may
establish a program of restitution through work. A program of restitution
through work must:
(a) Include, but is not limited to, instruction
in skills for employment and work ethics; and
(b) Require a child who participates in the
program to:
(1) With the assistance of the program and
if practicable, seek and obtain a position of employment with a public or
private employer; and
(2) Sign an authorization form that
permits money to be deducted from the wages of the child to pay restitution.
The director of juvenile services may prescribe the contents of the
authorization form and may determine the amount of money to be deducted from
the wages of the child to pay restitution, but the director shall not require
that more than:
(I) Fifty percent of the wages of
the child be deducted to pay restitution if the child, with the approval of the
director or probation officer, secures the employment without the assistance of
the program; or
(II) Sixty percent of the wages of
the child be deducted to pay restitution if the child secures the employment
with the assistance of the program.
2. A program of restitution through work
may include, but is not limited to, cooperative agreements with public or
private employers to make available positions of employment for a child who
participates in the program.
3. A director of juvenile services may
terminate participation by a child in a program of restitution through work for
any lawful reason or purpose.
4. A director of juvenile services may
contract with persons and public or private entities that are qualified to
operate or to participate in a program of restitution through work.
5. A director of juvenile services may
designate a person to carry out the provisions of this section.
6. The provisions of this section do not:
(a) Create a right on behalf of a child to
participate in a program of restitution through work or to hold a position of
employment; or
(b) Establish a basis for any cause of action
against the State of Nevada or its officers or employees for denial of the
ability to participate in or for removal from a program of restitution through
work or for denial of or removal from a position of employment.
(Added to NRS by 2003, 1045; A 2003, 349)
NRS 62E.590 Program of restitution through work: Restitution through work
fund.
1. To finance a program of restitution
through work, a director of juvenile services may establish, with the county
treasurer as custodian, a special fund to be known as the restitution through
work fund.
2. A director of juvenile services may
apply for and accept grants, gifts, donations, bequests or devises which the
director shall deposit with the county treasurer for credit to the fund.
3. The fund must be a separate and
continuing fund, and no money in the fund reverts to the general fund of the
county at any time. The interest earned on the money in the fund, after
deducting any applicable charges, must be credited to the fund.
4. A director of juvenile services shall:
(a) Expend money from the fund only to finance a
program of restitution through work; and
(b) If the source of the money is a grant, gift,
donation, bequest or devise, expend the money, to the extent permitted by law,
in accordance with the terms of the grant, gift, donation, bequest or devise.
5. A director of juvenile services must
authorize any expenditure from the fund before it is made.
(Added to NRS by 2003, 1045)
NRS 62E.600 Program of restitution through work: Conditions for
participation; payment of costs.
1. The juvenile court may order a
delinquent child to participate in a program of restitution through work that
is established pursuant to NRS 62E.580 if the
child:
(a) Is 14 years of age or older;
(b) Has never been adjudicated delinquent for an
unlawful act that involved the use or threatened use of force or violence
against a victim and has never been found to have committed such an unlawful
act in any other jurisdiction, unless the juvenile court determines that the
child would benefit from the program;
(c) Is ordered to provide restitution to a
victim; and
(d) Voluntarily agrees to participate in the
program of restitution through work.
2. If the juvenile court orders a child to
participate in a program of restitution through work, the juvenile court may
order any or all of the following, in the following order of priority if
practicable:
(a) The child or the parent or guardian of the
child, or both, to the extent of their financial ability, to pay the costs
associated with the participation of the child in the program, including, but
not limited to, a reasonable sum of money to pay for the cost of policies of
insurance against liability for personal injury and damage to property or for
industrial insurance, or both, during those periods in which the child
participates in the program or performs work, unless, in the case of industrial
insurance, it is provided by the employer for which the child performs the
work; or
(b) The child to work on projects or perform
community service for a period that reflects the costs associated with the
participation of the child in the program.
(Added to NRS by 2003, 1072; A 2003, 349)
NRS 62E.610 Victim awarded restitution may bring civil action in district
court to recover damages. If the
juvenile court orders a delinquent child or the parent or guardian of the
child, or both, to pay restitution to a victim of any unlawful act committed by
the child, the victim is not prohibited from bringing a civil action to recover
damages incurred as a result of the unlawful act.
(Added to NRS by 2003, 1073)
Specific Acts Committed by Child
NRS 62E.620 Evaluation of child who committed certain acts involving alcohol
or controlled substance; program of treatment; treatment facility not liable
for acts of child; confidentiality of information; driving under influence
included in driver’s record of child.
1. The juvenile court shall order a
delinquent child to undergo an evaluation to determine whether the child is an
abuser of alcohol or other drugs if the child committed:
(a) An unlawful act in violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430;
(b) The unlawful act of using, possessing,
selling or distributing a controlled substance; or
(c) The unlawful act of purchasing, consuming or
possessing an alcoholic beverage in violation of NRS 202.020.
2. Except as otherwise provided in
subsection 3, an evaluation of the child must be conducted by:
(a) A clinical alcohol and drug abuse counselor
who is licensed, an alcohol and drug abuse counselor who is licensed or
certified, or an alcohol and drug abuse counselor intern or a clinical alcohol
and drug abuse counselor intern who is certified, pursuant to chapter 641C of NRS, to make that
classification; or
(b) A physician who is certified to make that
classification by the Board of Medical Examiners.
3. If the child resides in this State but
the nearest location at which an evaluation may be conducted is in another
state, the court may allow the evaluation to be conducted in the other state if
the person conducting the evaluation:
(a) Possesses qualifications that are
substantially similar to the qualifications described in subsection 2;
(b) Holds an appropriate license, certificate or
credential issued by a regulatory agency in the other state; and
(c) Is in good standing with the regulatory
agency in the other state.
4. The evaluation of the child may be
conducted at an evaluation center.
5. The person who conducts the evaluation
of the child shall report to the juvenile court the results of the evaluation
and make a recommendation to the juvenile court concerning the length and type
of treatment required for the child.
6. The juvenile court shall:
(a) Order the child to undergo a program of
treatment as recommended by the person who conducts the evaluation of the
child.
(b) Require the treatment facility to submit
monthly reports on the treatment of the child pursuant to this section.
(c) Order the child or the parent or guardian of
the child, or both, to the extent of their financial ability, to pay any
charges relating to the evaluation and treatment of the child pursuant to this
section. If the child or the parent or guardian of the child, or both, do not
have the financial resources to pay all those charges:
(1) The juvenile court shall, to the
extent possible, arrange for the child to receive treatment from a treatment
facility which receives a sufficient amount of federal or state money to offset
the remainder of the costs; and
(2) The juvenile court may order the
child, in lieu of paying the charges relating to the child’s evaluation and
treatment, to perform community service.
7. After a treatment facility has
certified a child’s successful completion of a program of treatment ordered
pursuant to this section, the treatment facility is not liable for any damages
to person or property caused by a child who:
(a) Drives, operates or is in actual physical
control of a vehicle or a vessel under power or sail while under the influence
of intoxicating liquor or a controlled substance; or
(b) Engages in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction
that prohibits the same or similar conduct.
8. The provisions of this section do not
prohibit the juvenile court from:
(a) Requiring an evaluation to be conducted by a
person who is employed by a private company if the company meets the standards
of the Division of Public and Behavioral Health of the Department of Health and
Human Services. The evaluation may be conducted at an evaluation center.
(b) Ordering the child to attend a program of
treatment which is administered by a private company.
9. Except as otherwise provided in section
6 of chapter 435, Statutes of Nevada 2007, all information relating to the
evaluation or treatment of a child pursuant to this section is confidential
and, except as otherwise authorized by the provisions of this title or the
juvenile court, must not be disclosed to any person other than:
(a) The juvenile court;
(b) The child;
(c) The attorney for the child, if any;
(d) The parents or guardian of the child;
(e) The district attorney; and
(f) Any other person for whom the communication
of that information is necessary to effectuate the evaluation or treatment of
the child.
10. A record of any finding that a child
has violated the provisions of NRS
484C.110, 484C.120, 484C.130 or 484C.430 must be included in the
driver’s record of that child for 7 years after the date of the offense.
(Added to NRS by 2003, 1073; A 2005, 31, 162; 2007, 2067, 3075; 2009, 1878)
NRS 62E.630 Certain acts involving alcohol or controlled substance:
Suspension or delay in issuance of driver’s license.
1. Except as otherwise provided in this
section, if a child is adjudicated delinquent for the unlawful act of using,
possessing, selling or distributing a controlled substance, or purchasing,
consuming or possessing an alcoholic beverage in violation of NRS 202.020, the juvenile court shall:
(a) If the child possesses a driver’s license,
issue an order suspending the driver’s license of the child for at least 90
days but not more than 2 years; or
(b) If the child does not possess a driver’s
license and the child is or will be eligible to receive a driver’s license
within the 2 years immediately following the date of the order, issue an order
prohibiting the child from receiving a driver’s license for a period specified
by the juvenile court which must be at least 90 days but not more than 2 years:
(1) Immediately following the date of the
order, if the child is eligible to receive a driver’s license; or
(2) After the date the child will be
eligible to receive a driver’s license, if the child is not eligible to receive
a driver’s license on the date of the order.
2. If the child is already the subject of
a court order suspending or delaying the issuance of the driver’s license of
the child, the juvenile court shall order the additional suspension or delay,
as appropriate, to apply consecutively with the previous order.
3. If the juvenile court finds that a
suspension or delay in the issuance of the driver’s license of a child pursuant
to this section would cause or is causing a severe or undue hardship to the
child or his or her immediate family and that the child is otherwise eligible
to receive a driver’s license, the juvenile court may order the Department of
Motor Vehicles to issue a restricted driver’s license to the child pursuant to NRS 483.490.
4. If the juvenile court issues an order
requiring the Department of Motor Vehicles to issue a restricted driver’s
license to a child pursuant to subsection 3, not later than 5 days after
issuing the order, the juvenile court shall forward to the Department of Motor
Vehicles a copy of the order.
(Added to NRS by 2003, 1074; A 2013, 715)
NRS 62E.640 Driving under influence: Revocation of driver’s license.
1. If a child is adjudicated delinquent
for an unlawful act in violation of NRS
484C.110, 484C.120, 484C.130 or 484C.430, the juvenile court shall, if
the child possesses a driver’s license:
(a) Issue an order revoking the driver’s license
of the child for 90 days and requiring the child to surrender the driver’s
license of the child to the juvenile court; and
(b) Not later than 5 days after issuing the
order, forward to the Department of Motor Vehicles a copy of the order and the
driver’s license of the child.
2. The Department of Motor Vehicles shall
order the child to submit to the tests and other requirements which are adopted
by regulation pursuant to subsection 1 of NRS
483.495 as a condition of reinstatement of the driver’s license of the
child.
3. If the child is adjudicated delinquent
for a subsequent unlawful act in violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, the juvenile court shall order
an additional period of revocation to apply consecutively with the previous
order.
4. The juvenile court may authorize the
Department of Motor Vehicles to issue a restricted driver’s license pursuant to
NRS 483.490 to a child whose driver’s
license is revoked pursuant to this section.
(Added to NRS by 2003, 1075; A 2005, 163; 2009, 1879)
NRS 62E.650 Certain acts involving firearm: Community service; suspension or
delay in issuance of driver’s license.
1. If a child is adjudicated delinquent
because the child handled or possessed a firearm or had a firearm under his or
her control in violation of NRS 202.300,
the juvenile court shall:
(a) For the first offense:
(1) Order the child to perform 200 hours
of community service; and
(2) Issue an order suspending the driver’s
license of the child for not more than 1 year or, if the child does not possess
a driver’s license, prohibit the child from receiving a driver’s license for
not more than 1 year:
(I) Immediately following the date
of the order, if the child is eligible to receive a driver’s license.
(II) After the date the child
becomes eligible to receive a driver’s license, if the child is not eligible to
receive a license on the date of the order.
(b) For the second offense:
(1) Order the child to perform at least
200 hours but not more than 600 hours of community service; and
(2) Issue an order suspending the driver’s
license of the child for at least 90 days but not more than 2 years or, if the
child does not possess a driver’s license, prohibit the child from receiving a
driver’s license for at least 90 days but not more than 2 years:
(I) Immediately following the date
of the order, if the child is eligible to receive a driver’s license.
(II) After the date the child
becomes eligible to receive a driver’s license, if the child is not eligible to
receive a license on the date of the order.
2. If the child is already the subject of
a court order suspending or delaying the issuance of the driver’s license of
the child, the juvenile court shall order an additional suspension or delay, as
appropriate, to apply consecutively with the previous order.
(Added to NRS by 2003, 1075)
NRS 62E.660 Certain acts involving firearm: Revocation of and prohibition
from receiving license to hunt. If
a child is adjudicated delinquent because the child handled or possessed a
firearm or had a firearm under his or her control in violation of NRS 202.300, the juvenile court shall:
1. Order that any license to hunt issued
to the child pursuant to chapter 502 of NRS
must be revoked by the Department of Wildlife;
2. Order that the child must not receive a
license to hunt within the 2 years immediately following the date of the order
or until the child is 18 years of age, whichever is later;
3. Order the child to surrender to the
juvenile court any license to hunt then held by the child; and
4. Not later than 5 days after issuing the
order, forward to the Department of Wildlife any license to hunt surrendered by
the child and a copy of the order.
(Added to NRS by 2003, 1076; A 2003, 1558)
NRS 62E.670 Act involving use of firearm or use or threatened use of force
or violence: Effect on disposition.
1. In determining the appropriate
disposition of a case of a delinquent child, the juvenile court shall consider
whether the unlawful act committed by the child involved the use of a firearm
or the use or threatened use of force or violence against the victim of the
act.
2. If the juvenile court finds that the
act committed by the child involved the use of a firearm or the use or threatened
use of force or violence against the victim, the juvenile court shall include
the finding in its order and may:
(a) Commit the child for confinement in a secure
facility for the detention of children, including a facility which is secured
by its staff.
(b) Impose any other punitive measures that the
juvenile court determines to be in the best interests of the public or the
child.
(Added to NRS by 2003, 1076)
NRS 62E.680 Act involving cruelty to or torture of animal: Participation in
counseling or other psychological treatment; payment of costs.
1. If a child is adjudicated delinquent
for an unlawful act that involves cruelty to or torture of an animal, the
juvenile court shall order the child to participate in counseling or other
psychological treatment.
2. The juvenile court shall order the
child or the parent or guardian of the child, or both, to the extent of their
financial ability, to pay the cost of the child to participate in the
counseling or other psychological treatment.
3. As used in this section:
(a) “Animal” does not include the human race, but
includes every other living creature.
(b) “Torture” or “cruelty” includes every act,
omission or neglect, whereby unjustifiable physical pain, suffering or death is
caused or permitted.
(Added to NRS by 2003, 1076)
NRS 62E.685 Act involving killing or possession of certain animals. If a child is adjudicated delinquent for an
unlawful act involving the killing or possession of certain animals in
violation of NRS 501.376, the juvenile
court may do any or all of the following:
1. Order the child to pay a fine. If the
juvenile court orders the child to pay a fine, the juvenile court shall order
the child to pay an administrative assessment pursuant to NRS 62E.270. If, because of financial hardship, the
child is unable to pay the fine, the juvenile court may order the child to
perform community service.
2. Order the child or the parent or
guardian of the child, or both, to pay a civil penalty pursuant to NRS 501.3855.
3. Order that any license issued to the
child pursuant to chapter 502 of NRS be
revoked by the Department of Wildlife. The juvenile court shall order the child
to surrender to the court any license issued to the child pursuant to chapter 502 of NRS then held by the child and,
not later than 5 days after issuing the order, forward to the Department of
Wildlife any license surrendered by the child and a copy of the order.
4. Order that the child must not receive a
license to hunt, fish or trap within the 2 years immediately following the date
of the order or until the child is 18 years of age, whichever is later.
5. Order the child placed on probation and
impose such conditions as the juvenile court deems proper.
(Added to NRS by 2011, 600)
NRS 62E.690 Certain offenses concerning graffiti or defacement of property:
Suspension or delay in issuance of driver’s license.
1. Except as otherwise provided in this
section, if a child is adjudicated delinquent for the unlawful act of placing
graffiti on or otherwise defacing public or private property owned or possessed
by another person in violation of NRS
206.125 or 206.330 or for the
unlawful act of carrying a graffiti implement in certain places without valid
authorization in violation of NRS 206.335,
the juvenile court shall:
(a) If the child possesses a driver’s license,
issue an order suspending the driver’s license of the child for at least 1 year
but not more than 2 years; or
(b) If the child does not possess a driver’s
license and the child is or will be eligible to receive a driver’s license
within the 2 years immediately following the date of the order, issue an order
prohibiting the child from receiving a driver’s license for a period specified
by the juvenile court which must be at least 1 year but not more than 2 years:
(1) Immediately following the date of the
order, if the child is eligible to receive a driver’s license; or
(2) After the date the child will be
eligible to receive a driver’s license, if the child is not eligible to receive
a driver’s license on the date of the order.
2. If the child is already the subject of
a court order suspending or delaying the issuance of the driver’s license of
the child, the juvenile court shall order the additional suspension or delay,
as appropriate, to apply consecutively with the previous order.
(Added to NRS by 2003, 1076; A 2007, 2299)
NRS 62E.700 Minor traffic offenses.
1. If a child is found to have committed a
minor traffic offense, the juvenile court may do any or all of the following:
(a) Order the child to pay a fine. If the
juvenile court orders the child to pay a fine, the juvenile court shall order
the child to pay an administrative assessment pursuant to NRS 62E.270, unless the offense involved a violation
of a law or ordinance governing metered parking. If, because of financial
hardship, the child is unable to pay the fine, the juvenile court may order the
child to perform community service.
(b) Recommend to the Department of Motor Vehicles
the suspension of the driver’s license of the child.
(c) Order the child to attend and complete a
traffic survival course.
(d) Order the child or the parent or guardian of
the child, or both, to pay the reasonable cost for the child to attend the
traffic survival course.
(e) Order the child placed on probation and impose
such conditions as the juvenile court deems proper.
2. The juvenile court shall forward to the
Department of Motor Vehicles, in the form required by NRS 483.450, a record of the minor traffic
offense, unless the offense involved a violation of a law or ordinance
governing standing or parking.
3. As used in this section, “juvenile
court” means:
(a) The juvenile court; or
(b) The Justice Court or municipal court if the
juvenile court has transferred the case and record to the Justice Court or
municipal court pursuant to NRS 62B.380.
(Added to NRS by 2003, 1070)
NRS 62E.705 Unlawful operation of motor vehicle without or in violation of
license or permit: Joint and several liability of parent or guardian; community
service in lieu of monetary penalty.
1. If the juvenile court:
(a) Adjudicates a child delinquent for the
unlawful act of operating a motor vehicle without a valid driver’s license or
instruction permit for the type or class of vehicle being driven or in
violation of any restrictions imposed on a valid driver’s license or
instruction permit held by the child; and
(b) Finds that the parent or guardian of the
child knowingly and willfully allowed the child to operate the vehicle without
a valid driver’s license or instruction permit for the type or class of vehicle
being driven or in violation of any restrictions imposed on a valid driver’s
license or instruction permit held by the child,
Ê the juvenile
court shall order the parent or guardian of the child to be held jointly and
severally liable with the child for all fines, fees, assessments and other
monetary penalties and any restitution imposed on the child for the unlawful
act and any other traffic offense committed by the child while operating the
vehicle, including, without limitation, any other traffic offense in violation
of chapter 483 or chapters 484A to 484E,
inclusive, of NRS.
2. If, because of financial hardship, the
parent or guardian is unable to pay any fine, fee, assessment or other monetary
penalty or any restitution that the juvenile court imposes on the parent or
guardian pursuant to this section, the juvenile court may order the parent or
guardian to perform community service.
3. As used in this section, “juvenile
court” means:
(a) The juvenile court; or
(b) The justice court or municipal court if the
juvenile court has transferred the case and record to the justice court or
municipal court pursuant to NRS 62B.380.
(Added to NRS by 2007, 645)
NRS 62E.710 Violation of probation or parole: Placement in facility for
detention of children or county jail. The
juvenile court may order any child who is:
1. Less than 18 years of age and who has
been adjudicated delinquent and placed on probation by the juvenile court to be
placed in a facility for the detention of children for not more than 30 days
for the violation of probation.
2. At least 18 years of age but less than 21
years of age and who has been placed on probation by the juvenile court or who
has been released on parole to be placed in a county jail for not more than 30
days for the violation of probation or parole.
(Added to NRS by 2003, 1071; A 2007, 110; 2013, 2316)
Miscellaneous Provisions
NRS 62E.720 Program of visitation to office of county coroner: Establishment;
requirements; payment of costs.
1. The juvenile court may order a
delinquent child to participate in a program of visitation to the office of the
county coroner that is established pursuant to this section.
2. In determining whether to order the
child to participate in such a program, the juvenile court shall consider
whether the unlawful act committed by the child involved the use or threatened
use of force or violence against the child or others or demonstrated a
disregard for the safety or well-being of the child or others.
3. The juvenile court may establish a
program of visitation to the office of the county coroner in cooperation with
the coroner of the county pursuant to this section.
4. Before a delinquent child may
participate in a program of visitation, the parent or guardian of the child
must provide to the juvenile court on a form provided by the juvenile court:
(a) Written consent for the child to participate
in the program of visitation; and
(b) An executed release of liability for any act
or omission, not amounting to gross negligence or willful misconduct of the
juvenile court, the county coroner, or any other person administering or
conducting a program of visitation, that causes personal injury or illness of
the child during the period in which the child participates in the program of
visitation.
5. A program of visitation must include,
but is not limited to:
(a) A visit to the office of the county coroner
at times and under circumstances determined by the county coroner.
(b) A course to instruct the child concerning:
(1) The consequences of the child’s
actions; and
(2) An awareness of the child’s own
mortality.
(c) An opportunity for each participant in a
program of visitation to evaluate each component of the program.
6. The juvenile court may order the child,
or the parent or guardian of the child, or both, to pay a fee of not more than
$45 based on the ability of the child or the parent or guardian of the child,
or both, to pay for the costs associated with the participation of the child in
the program of visitation.
(Added to NRS by 2003, 1071; A 2005, 1065; 2013, 1612)
NRS 62E.730 Fines and penalties.
1. The juvenile court may order a
delinquent child to pay a fine.
2. If the juvenile court orders a
delinquent child to pay a fine, the juvenile court shall order the child to pay
an administrative assessment pursuant to NRS 62E.270.
3. If a delinquent child is less than 17
years of age, the juvenile court may order the parent or guardian of the child
to pay any fines and penalties that the juvenile court imposes for the unlawful
act committed by the child.
4. If, because of financial hardship, the
parent or guardian is unable to pay any fines and penalties that the juvenile
court imposes for the unlawful act committed by the child, the juvenile court
may order the parent or guardian to perform community service.
(Added to NRS by 2003, 1070)
