[Rev. 2/10/2015 4:02:48
PM--2014R2]
CHAPTER 62C - PROCEDURE BEFORE
ADJUDICATION
INITIAL CUSTODY AND DETENTION
NRS 62C.010 Grounds
for taking child into custody; notification of parent or guardian of child and
probation officer; release or further detention of child.
NRS 62C.020 Conditions
and limitations on releasing child who is detained for committing certain acts
involving domestic violence, stalking, aggravated stalking, harassment or
sexual assault.
NRS 62C.030 Conditions
and limitations on detaining child in certain facilities; temporary placement
of child excluded from jurisdiction of juvenile court or certified for criminal
proceedings as adult.
NRS 62C.035 Screening
required for child detained in facility for detention of children; time and
method for conducting screening.
NRS 62C.040 Detention
hearing required for child alleged to be delinquent within certain period;
written consent of juvenile court required for release after such hearing.
NRS 62C.050 Release
of child alleged to be in need of supervision required within certain period;
exceptions.
NRS 62C.060 Custody
and detention of child alleged to have committed offense involving firearm;
conditions and limitations on release of child; test of child for use of
controlled substances; evaluation of child by qualified professional; immunity for
statements made during evaluation.
NRS 62C.070 Citation
for traffic offense.
NRS 62C.075 Citation
for offense related to tobacco.
COMPLAINT AND PETITION
NRS 62C.100 Referral
of complaint to probation officer; preliminary inquiry and recommendation by
probation officer; powers and duties of district attorney concerning approval
and filing of petition; release of child if petition not approved or timely
filed.
NRS 62C.110 Petition:
Signature; verification; contents.
NRS 62C.120 Petition
alleging that child committed certain sexual or violent acts: District attorney
required to provide certain documentation to victim.
INFORMAL SUPERVISION; SUPERVISION AND CONSENT DECREE
NRS 62C.200 Informal
supervision by probation officer: Conditions for placement; written agreement;
duration; effect on filing petition.
NRS 62C.210 Informal
supervision by probation officer: Agreement may require community service,
restitution and completion of program of cognitive training and human
development.
NRS 62C.220 Report
by probation officer concerning cases involving informal supervision.
NRS 62C.230 Court
referral for informal supervision or court supervision pursuant to supervision
and consent decree; effect of successful completion of supervision and consent
decree.
SUMMONS AND EXTRADITION
NRS 62C.300 Summons:
Persons to whom issued; contents; not required with voluntary appearance.
NRS 62C.310 Service
of summons.
NRS 62C.320 When
writ of attachment of person may issue; penalty for violation.
NRS 62C.330 Extradition
of child.
NOTIFICATION OF CERTAIN OFFENSES
NRS 62C.400 Department
of juvenile services to provide certain information to juvenile court and
school district concerning child who engaged in bullying or cyber-bullying.
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INITIAL CUSTODY AND DETENTION
NRS 62C.010 Grounds for taking child into custody; notification of parent or
guardian of child and probation officer; release or further detention of child. Except as otherwise provided in this title and
NRS 484C.160:
1. A peace officer or probation officer
may take into custody any child:
(a) Who the officer has probable cause to believe
is violating or has violated any state or local law, ordinance, or rule or
regulation having the force of law; or
(b) Whose conduct indicates that the child is in
need of supervision.
2. If a child is taken into custody:
(a) The officer shall, without undue delay,
attempt to notify, if known, the parent or guardian of the child;
(b) The facility in which the child is detained
shall, without undue delay:
(1) Notify a probation officer; and
(2) Attempt to notify, if known, the
parent or guardian of the child if such notification was not accomplished
pursuant to paragraph (a); and
(c) Unless it is impracticable or inadvisable or
has been otherwise ordered by the juvenile court, the child must be released to
the custody of a parent or guardian or another responsible adult who has signed
a written agreement to bring the child before the juvenile court at a time
stated in the agreement or as the juvenile court may direct. The written
agreement must be submitted to the juvenile court as soon as possible. If the
person fails to produce the child at the time stated in the agreement or upon a
summons from the juvenile court, a writ may be issued for the attachment of the
person or of the child requiring that the person or child, or both, be brought
before the juvenile court at a time stated in the writ.
3. If a child who is taken into custody is
not released pursuant to subsection 2:
(a) The child must be taken without unnecessary
delay to:
(1) The juvenile court; or
(2) The place of detention designated by
the juvenile court and, as soon as possible thereafter, the fact of detention
must be reported to the juvenile court; and
(b) Pending further disposition of the case, the
juvenile court may order that the child be:
(1) Released to the custody of a parent or
guardian or another person appointed by the juvenile court;
(2) Detained in a place designated by the
juvenile court, subject to further order of the juvenile court; or
(3) Conditionally released for supervised
detention at the home of the child in lieu of detention at a facility for the
detention of children. The supervised detention at the home of the child may
include electronic surveillance of the child.
4. In determining whether to release a
child pursuant to this section to 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, 1054; A 2009, 217)
NRS 62C.020 Conditions and limitations on releasing child who is detained
for committing certain acts involving domestic violence, stalking, aggravated
stalking, harassment or sexual assault.
1. A child must not be released from
custody sooner than 12 hours after the child is taken into custody if the child
is taken into custody for committing a battery that constitutes domestic
violence pursuant to NRS 33.018, unless
the peace officer or probation officer who has taken the child into custody
determines that the child does not otherwise meet the criteria for secure
detention and:
(a) Respite care or another out-of-home
alternative to secure detention is available for the child;
(b) An out-of-home alternative to secure
detention is not necessary to protect the victim from injury; or
(c) Family services are available to maintain the
child in the home and the parents or guardians of the child agree to receive
those family services and to allow the child to return to the home.
2. A child must not be released from
custody sooner than 12 hours after the child is taken into custody if the child
is taken into custody for violating a temporary or extended order for
protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a
restraining order or injunction that is in the nature of a temporary or
extended order for protection against domestic violence issued in an action or
proceeding brought pursuant to title 11 of NRS, or for violating a temporary or
extended order for protection against stalking, aggravated stalking or
harassment issued pursuant to NRS 200.591
or for violating a temporary or extended order for protection against sexual
assault issued pursuant to NRS 200.378
and:
(a) The peace officer or probation officer who
has taken the child into custody determines that such a violation is
accompanied by a direct or indirect threat of harm;
(b) The child has previously violated a temporary
or extended order for protection of the type for which the child has been taken
into custody; or
(c) At the time of the violation or within 2
hours after the violation, the child has:
(1) A concentration of alcohol of 0.08 or
more in his or her blood or breath; or
(2) An amount of a prohibited substance in
his or her blood or urine that is equal to or greater than the amount set forth
in subsection 3 of NRS 484C.110.
3. For the purposes of this section, an
order or injunction is in the nature of a temporary or extended order for
protection against domestic violence if it grants relief that might be given in
a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.
(Added to NRS by 2003, 1055; A 2007, 158, 1014; 2009, 233)
NRS 62C.030 Conditions and limitations on detaining child in certain
facilities; temporary placement of child excluded from jurisdiction of juvenile
court or certified for criminal proceedings as adult.
1. If a child is not alleged to be
delinquent or in need of supervision, the child must not, at any time, be
confined or detained in:
(a) A facility for the secure detention of
children; or
(b) Any police station, lockup, jail, prison or
other facility in which adults are detained or confined.
2. If a child is alleged to be delinquent
or in need of supervision, the child must not, before disposition of the case,
be detained in a facility for the secure detention of children unless there is
probable cause to believe that:
(a) If the child is not detained, the child is
likely to commit an offense dangerous to the child or to the community, or
likely to commit damage to property;
(b) The child will run away or be taken away so
as to be unavailable for proceedings of the juvenile court or to its officers;
(c) The child was taken into custody and brought
before a probation officer pursuant to a court order or warrant; or
(d) The child is a fugitive from another
jurisdiction.
3. If a child is less than 18 years of
age, the child must not, at any time, be confined or detained in any police
station, lockup, jail, prison or other facility where the child has regular
contact with any adult who is confined or detained in the facility and who has
been convicted of a criminal offense or charged with a criminal offense,
unless:
(a) The child is alleged to be delinquent;
(b) An alternative facility is not available; and
(c) The child is separated by sight and sound
from any adults who are confined or detained in the facility.
4. During the pendency of a proceeding
involving:
(a) A criminal offense excluded from the original
jurisdiction of the juvenile court pursuant to NRS 62B.330; or
(b) A child who is certified for criminal
proceedings as an adult pursuant to NRS
62B.390,
Ê a child may
petition the juvenile court for temporary placement in a facility for the
detention of children.
(Added to NRS by 2003, 1055; A 2013, 2903)
NRS 62C.035 Screening required for child detained in facility for detention
of children; time and method for conducting screening.
1. Each child who is taken into custody by
a peace officer or probation officer and detained in a local facility for the detention
of children or a regional facility for the detention of children while awaiting
a detention hearing pursuant to NRS 62C.040 or 62C.050 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 in which the child is
detained shall cause the screening required pursuant to subsection 1 to be
conducted as soon as practicable after the child has been detained 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 62C.040 Detention hearing required for child alleged to be delinquent
within certain period; written consent of juvenile court required for release
after such hearing.
1. If a child who is alleged to be
delinquent is taken into custody and detained, the child must be given a
detention hearing before the juvenile court:
(a) Not later than 24 hours after the child
submits a written application;
(b) In a county whose population is less than
100,000, not later than 24 hours after the commencement of detention at a
police station, lockup, jail, prison or other facility in which adults are
detained or confined;
(c) In a county whose population is 100,000 or
more, not later than 6 hours after the commencement of detention at a police
station, lockup, jail, prison or other facility in which adults are detained or
confined; or
(d) Not later than 72 hours after the
commencement of detention at a facility in which adults are not detained or
confined,
Ê whichever
occurs first, excluding Saturdays, Sundays and holidays.
2. A child must not be released after a
detention hearing without the written consent of the juvenile court.
(Added to NRS by 2003, 1056)
NRS 62C.050 Release of child alleged to be in need of supervision required
within certain period; exceptions.
1. Except as otherwise provided in this
section, if a child who is alleged to be in need of supervision is taken into
custody and detained, the child must be released not later than 24 hours,
excluding Saturdays, Sundays and holidays, after the child’s initial contact
with a peace officer or probation officer to:
(a) A parent or guardian of the child;
(b) Any other person who is able to provide
adequate care and supervision for the child; or
(c) Shelter care.
2. A child does not have to be released
pursuant to subsection 1 if the juvenile court:
(a) Holds a detention hearing;
(b) Determines that the child:
(1) Has threatened to run away from home
or from the shelter;
(2) Is accused of violent behavior at
home; or
(3) Is accused of violating the terms of a
supervision and consent decree; and
(c) Determines that the child needs to be
detained to make an alternative placement for the child.
Ê The child
may be detained for an additional 24 hours but not more than 48 hours after the
detention hearing, excluding Saturdays, Sundays and holidays.
3. A child does not have to be released
pursuant to this section if the juvenile court:
(a) Holds a detention hearing; and
(b) Determines that the child:
(1) Is a ward of a federal court or held
pursuant to a federal statute;
(2) Has run away from another state and a
jurisdiction within that state has issued a want, warrant or request for the
child; or
(3) Is accused of violating a valid court
order.
Ê The child
may be detained for an additional period as necessary for the juvenile court to
return the child to the jurisdiction from which the child originated or to make
an alternative placement for the child.
4. For the purposes of this section, an
alternative placement must be in a facility in which there are no physical
restraining devices or barriers.
(Added to NRS by 2003, 1056)
NRS 62C.060 Custody and detention of child alleged to have committed offense
involving firearm; conditions and limitations on release of child; test of
child for use of controlled substances; evaluation of child by qualified
professional; immunity for statements made during evaluation.
1. If a child is taken into custody for an
unlawful act that involves the possession, use or threatened use of a firearm,
the child must not be released before a detention hearing is held pursuant to NRS 62C.040.
2. At the detention hearing, the juvenile
court shall, if the child was taken into custody for:
(a) Carrying or possessing a firearm while on the
property of the Nevada System of Higher Education, a private or public school
or child care facility, or while in a vehicle of a private or public school or
child care facility, order the child to:
(1) Be evaluated by a qualified
professional; and
(2) Submit to a test to determine whether
the child is using any controlled substance.
(b) Committing an unlawful act involving a
firearm other than the act described in paragraph (a), determine whether to
order the child to be evaluated by a qualified professional.
3. If the juvenile court orders the child
to be evaluated by a qualified professional or to submit to a test to determine
whether the child is using any controlled substance, the evaluation or the
results from the test must be completed not later than 14 days after the
detention hearing. Until the evaluation or the test is completed, the child
must be:
(a) Detained at a facility for the detention of
children; or
(b) Placed under a program of supervision in the
home of the child that may include electronic surveillance of the child.
4. If a child is evaluated by a qualified
professional pursuant to this section, the statements made by the child to the
qualified professional during the evaluation and any evidence directly or
indirectly derived from those statements may not be used for any purpose in a
proceeding which is conducted to prove that the child committed a delinquent
act or criminal offense. The provisions of this subsection do not prohibit the
district attorney from proving that the child committed a delinquent act or
criminal offense based upon evidence obtained from sources or by means that are
independent of the statements made by the child to the qualified professional during
the evaluation.
5. As used in this section, “child care
facility” has the meaning ascribed to it in paragraph (a) of subsection 5 of NRS 202.265.
(Added to NRS by 2003, 1057; A 2007, 1915; 2011, 599)
NRS 62C.070 Citation for traffic offense.
1. If a child is stopped by a peace
officer for a violation of any traffic law or ordinance which is punishable as
a misdemeanor, the peace officer may prepare and issue a traffic citation
pursuant to the same criteria as would apply to an adult violator.
2. If a child who is issued a traffic
citation executes a written promise to appear in court by signing the citation,
the officer:
(a) Shall deliver a copy of the citation to the
child; and
(b) Shall not take the child into physical
custody for the violation.
(Added to NRS by 2003, 1057)
NRS 62C.075 Citation for offense related to tobacco.
1. If a child is stopped or otherwise
detained by a peace officer for an offense related to tobacco, the peace
officer may prepare and issue a citation in the same manner in which a traffic
citation is prepared and issued pursuant to NRS
62C.070.
2. If a child who is issued a citation for
an offense related to tobacco executes a written promise to appear in court by
signing the citation, the peace officer:
(a) Shall deliver a copy of the citation to the
child; and
(b) Shall not take the child into physical
custody for the violation.
3. A citation for an offense related to
tobacco may be issued to a child who is an occupant of a vehicle pursuant to
this section only if the violation is discovered when the vehicle is halted or
its driver is arrested for another alleged violation or offense.
(Added to NRS by 2013, 1528)
COMPLAINT AND PETITION
NRS 62C.100 Referral of complaint to probation officer; preliminary inquiry
and recommendation by probation officer; powers and duties of district attorney
concerning approval and filing of petition; release of child if petition not
approved or timely filed.
1. When a complaint is made alleging that
a child is delinquent or in need of supervision:
(a) The complaint must be referred to a probation
officer of the appropriate county; and
(b) The probation officer shall conduct a
preliminary inquiry to determine whether the best interests of the child or of
the public:
(1) Require that a petition be filed; or
(2) Would better be served by placing the
child under informal supervision pursuant to NRS
62C.200.
2. If, after conducting the preliminary
inquiry, the probation officer recommends the filing of a petition, the
district attorney shall determine whether to file the petition.
3. If, after conducting the preliminary
inquiry, the probation officer does not recommend the filing of a petition or
that the child be placed under informal supervision, the probation officer must
notify the complainant regarding the complainant’s right to seek a review of
the complaint by the district attorney.
4. If the complainant seeks a review of
the complaint by the district attorney, the district attorney shall:
(a) Review the facts presented by the
complainant;
(b) Consult with the probation officer; and
(c) File the petition with the juvenile court if
the district attorney believes that the filing of the petition is necessary to
protect the interests of the child or of the public.
5. The determination of the district
attorney concerning whether to file the petition is final.
6. Except as otherwise provided in NRS 62C.060, if a child is in detention or shelter
care, the child must be released immediately if a petition alleging that the
child is delinquent or in need of supervision is not:
(a) Approved by the district attorney; or
(b) Filed within 4 days after the date the
complaint was referred to the probation officer, excluding Saturdays, Sundays
and holidays, except that the juvenile court may, for good cause shown by the
district attorney, allow an additional 4 days for the filing of the petition,
excluding Saturdays, Sundays and holidays.
(Added to NRS by 2003, 1048; A 2013, 714)
NRS 62C.110 Petition: Signature; verification; contents.
1. Before a petition alleging delinquency
or need of supervision or a petition for revocation may be filed with the
juvenile court, the district attorney must prepare and sign the petition. The
district attorney shall represent the petitioner in all proceedings.
2. The petition must be:
(a) Entitled, “In the Matter of ................,
a child”; and
(b) Verified by the person who signs it.
3. The petition must set forth
specifically:
(a) The facts which bring the child within the
jurisdiction of the juvenile court and the date when delinquency occurred or
need of supervision arose.
(b) The name, date of birth and address of the
residence of the child.
(c) The name and address of the residence of the
parent or guardian of the child. If the parent or guardian of the child does
not reside or cannot be found within this State, or if the address of the
parent or guardian is unknown:
(1) The name of any known adult relative
residing within this State; or
(2) If no known adult relative resides
within this State, the known adult relative residing nearest to the juvenile
court.
(d) The name and address of the spouse of the
child, if any.
(e) Whether the child is in custody and, if so,
the place of detention and the time the child was taken into custody.
4. If any of the facts required by
subsection 3 are not known, the petition must so state.
5. In addition to the information required
pursuant to this section, a petition alleging that a child is in need of
supervision must contain the following information regarding efforts made to
modify the behavior of the child:
(a) A list of the local programs to which the
child was referred; and
(b) Other efforts taken in the community.
Ê The
provisions of this subsection 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 62C.120 Petition alleging that child committed certain sexual or violent
acts: District attorney required to provide certain documentation to victim.
1. If a petition filed pursuant to the
provisions of this title contains allegations that a child committed an
unlawful act which would have been a sexual offense if committed by an adult or
which involved the use or threatened use of force or violence against the
victim, the district attorney shall provide to the victim and, if the victim is
less than 18 years of age, to the parent or guardian of the victim, as soon as
practicable after the petition is filed, documentation that includes:
(a) A form advising the victim and the parent or
guardian of the victim of their rights pursuant to the provisions of this
title; and
(b) The form or procedure that must be used to
request disclosure pursuant to NRS
62D.440.
2. As used in this section, “sexual
offense” means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Battery with intent to commit sexual assault
pursuant to NRS 200.400;
(c) An offense involving pornography and a minor
pursuant to NRS 200.710 to 200.730, inclusive;
(d) Open or gross lewdness pursuant to NRS 201.210;
(e) Indecent or obscene exposure pursuant to NRS 201.220;
(f) Lewdness with a child pursuant to NRS 201.230;
(g) Sexual penetration of a dead human body
pursuant to NRS 201.450;
(h) Luring a child or person with mental illness
pursuant to NRS 201.560, if punishable
as a felony; or
(i) An attempt to commit an offense listed in
this subsection.
(Added to NRS by 2003, 1050; A 2003, 1378)
INFORMAL SUPERVISION; SUPERVISION AND CONSENT DECREE
NRS 62C.200 Informal supervision by probation officer: Conditions for
placement; written agreement; duration; effect on filing petition.
1. When a complaint is made alleging that
a child is delinquent or in need of supervision, the child may be placed under
the informal supervision of a probation officer if:
(a) The child voluntarily admits participation in
the acts alleged in the complaint; and
(b) The district attorney gives written approval
for placement of the child under informal supervision, if any of the acts alleged
in the complaint are unlawful acts that would have constituted a gross
misdemeanor or felony if committed by an adult.
2. If the probation officer recommends
placing the child under informal supervision, the probation officer must advise
the child and the parent or guardian of the child that they may refuse informal
supervision.
3. The child must enter into an agreement
for informal supervision voluntarily and intelligently:
(a) With the advice of the attorney for the
child; or
(b) If the child is not represented by an
attorney, with the consent of the parent or guardian of the child.
4. If the child is placed under informal
supervision:
(a) The terms and conditions of the agreement for
informal supervision must be stated clearly in writing. The terms and
conditions of the agreement may include, but are not limited to, the
requirements set forth in NRS 62C.210.
(b) The agreement must be signed by all parties.
(c) A copy of the agreement must be given to:
(1) The child;
(2) The parent or guardian of the child;
(3) The attorney for the child, if any;
and
(4) The probation officer, who shall
retain a copy in the probation officer’s file for the case.
5. The period of informal supervision must
not exceed 180 days. The child and the parent or guardian of the child may
terminate the agreement at any time by requesting the filing of a petition for
formal adjudication.
6. The district attorney may not file a
petition against the child based on any acts for which the child was placed
under informal supervision unless the district attorney files the petition not
later than 180 days after the date the child entered into the agreement for
informal supervision. If the district attorney files a petition against the
child within that period, the child may withdraw the admission that the child
made pursuant to subsection 1.
7. If the child successfully completes the
terms and conditions of the agreement for informal supervision, the juvenile
court may dismiss any petition filed against the child that is based on any
acts for which the child was placed under informal supervision.
(Added to NRS by 2003, 1050)
NRS 62C.210 Informal supervision by probation officer: Agreement may require
community service, restitution and completion of program of cognitive training
and human development.
1. An agreement for informal supervision
may require the child to:
(a) Perform community service, provide
restitution to any victim of the acts for which the child was referred to the
probation officer or make a monetary contribution to a restitution contribution
fund established pursuant to NRS 62E.175;
(b) Participate in a program of restitution
through work that is established pursuant to NRS 62E.580 if the child:
(1) Is 14 years of age or older;
(2) Has never been found to be within the
purview of this title 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 probation
officer determines that the child would benefit from the program;
(3) Is required to provide restitution to
a victim; and
(4) Voluntarily agrees to participate in
the program of restitution through work;
(c) Complete a program of cognitive training and
human development pursuant to NRS 62E.220
if:
(1) The child has never been found to be
within the purview of this title; and
(2) The unlawful act for which the child
is found to be within the purview of this title did not involve the use or
threatened use of force or violence against a victim; or
(d) Engage in any combination of the activities set
forth in this subsection.
2. If the agreement for informal
supervision requires the child to participate in a program of restitution
through work or complete a program of cognitive training and human development,
the agreement may also require 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:
(1) 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 or performs work; and
(2) In the case of a program of
restitution through work, for industrial insurance, unless the industrial
insurance 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, 1051; A 2003, 347; 2013, 534)
NRS 62C.220 Report by probation officer concerning cases involving informal
supervision. Upon the request of
the juvenile court, a probation officer shall file with the juvenile court a
report of:
1. The number of children placed under
informal supervision during the previous year;
2. The conditions imposed in each case;
and
3. The number of cases that were
successfully completed without the filing of a petition.
(Added to NRS by 2003, 1052)
NRS 62C.230 Court referral for informal supervision or court supervision
pursuant to supervision and consent decree; effect of successful completion of
supervision and consent decree.
1. If the district attorney files a
petition with the juvenile court, the juvenile court may:
(a) Dismiss the petition without prejudice and
refer the child to the probation officer for informal supervision pursuant to NRS 62C.200; or
(b) Place the child under the supervision of the
juvenile court pursuant to a supervision and consent decree, without a formal
adjudication of delinquency, if the juvenile court receives:
(1) The recommendation of the probation
officer;
(2) The written approval of the district
attorney; and
(3) The written consent and approval of
the child and the parent or guardian of the child.
2. If a child is placed under the
supervision of the juvenile court pursuant to a supervision and consent decree,
the juvenile court may dismiss the petition if the child successfully completes
the terms and conditions of the supervision and consent decree.
3. If the petition is dismissed pursuant
to subsection 2:
(a) The child may respond to any inquiry
concerning the proceedings and events which brought about the proceedings as if
they had not occurred; and
(b) The records concerning a supervision and consent
decree may be considered in a subsequent proceeding before the juvenile court
regarding that child.
(Added to NRS by 2003, 1052)
SUMMONS AND EXTRADITION
NRS 62C.300 Summons: Persons to whom issued; contents; not required with
voluntary appearance.
1. After a petition has been filed and
after such further investigation as the juvenile court may direct, the juvenile
court shall direct the clerk of the court to issue a summons that:
(a) Requires the person who has care and custody
of the child to:
(1) Appear personally; and
(2) Bring the child before the juvenile
court at the time and place stated in the summons;
(b) Informs the person who has care and custody
of the child of the child’s right to be represented by an attorney at the
initial hearing, as provided in NRS
62D.030; and
(c) Has a copy of the petition attached.
2. If the person summoned pursuant to
subsection 1 is not the parent or guardian of the child, the clerk of the court
must notify the parent or guardian by a similar summons of:
(a) The pendency of the case; and
(b) The time and place for the proceeding
involving the child.
3. The juvenile court may direct the clerk
of the court to issue a summons requiring the appearance of any other person
whose presence at the proceeding is necessary, as determined by the juvenile
court.
4. The clerk of the court is not required
to issue a summons if the person to be summoned voluntarily appears.
5. If, based on the condition or
surroundings of the child, the juvenile court determines that it is in the best
interests of the child or the public to require the appropriate agency of the
judicial district or the Division of Child and Family Services to assume care
and custody of the child, the juvenile court may order, by endorsement upon the
summons, that the person serving the summons deliver the child to a probation
officer for placement with a suitable person or in an appropriate facility
where the child must remain until further order of the juvenile court.
(Added to NRS by 2003, 1052)
NRS 62C.310 Service of summons.
1. Except as otherwise provided in this
section, a summons must be served personally by the delivery of a true copy to
the person summoned.
2. If the juvenile court determines that
it is impracticable to serve a summons personally, the juvenile court may order
the summons to be served by:
(a) Registered mail or certified mail addressed
to the last known address; or
(b) Publication,
Ê or both.
3. The service of a summons is sufficient
to confer jurisdiction if the summons is served at least 48 hours before the
time fixed in the summons for its return.
4. Any person over 18 years of age may
serve any summons, process or notice required by the provisions of this title.
5. The county shall pay all necessary
expenses for the service of any summons, process or notice required by the
provisions of this title.
(Added to NRS by 2003, 1053)
NRS 62C.320 When writ of attachment of person may issue; penalty for
violation.
1. The juvenile court may issue a writ for
the attachment of a child or the parent or guardian of the child, or both, and
command a probation officer or peace officer to bring before the juvenile
court, at the time and place stated, the person or persons named in the writ
if:
(a) A summons cannot be served;
(b) The person or persons served fail to obey the
summons; or
(c) The juvenile court determines that:
(1) The service will be ineffectual; or
(2) The welfare of the child requires that
the child be brought immediately into the custody of the juvenile court.
2. A person who violates a writ or any
order of the juvenile court issued pursuant to this section may be punished for
contempt.
(Added to NRS by 2003, 1053)
NRS 62C.330 Extradition of child.
1. If a child commits a criminal offense
in this State and the child flees to another state, the Governor shall request
extradition of the child from the other state to this State according to the
other state’s procedure for the extradition of adults.
2. If a child commits a criminal offense
in another state and the child flees to this State, the child may be extradited
to the other state in accordance with the provisions of NRS 179.177 to 179.235, inclusive, except that while the
child is awaiting extradition, the child must be detained in a facility for the
detention of children if space is available.
(Added to NRS by 2003, 1054)
NOTIFICATION OF CERTAIN OFFENSES
NRS 62C.400 Department of juvenile services to provide certain information
to juvenile court and school district concerning child who engaged in bullying
or cyber-bullying.
1. If a department of juvenile services
determines that a child who is currently enrolled in school unlawfully engaged
in bullying or cyber-bullying, the department shall provide the information
specified in subsection 2 to the juvenile court in the judicial district in
which the child resides and 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) 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.
3. 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 2013, 1637)
