2005 Nevada Revised Statutes - Chapter 62D — Procedure in Juvenile Proceedings
CHAPTER 62D - PROCEDURE IN JUVENILEPROCEEDINGS
RIGHTS OF CHILDREN
NRS 62D.010 Mannerfor conducting proceedings; proceeding open to public; exception.
NRS 62D.020 Prosecutionfor same offense in another proceeding prohibited.
NRS 62D.030 Advisementof right to representation by attorney; appointment of attorney; waiver ofright to representation; responsibility of parent or guardian for payment;compensation.
NRS 62D.040 Procedureat first appearance at intake and before juvenile court; when adjudicatinghearing is required; standards of proof; actions of court after determinationof whether or not allegations have been established.
RIGHTS OF PARENTS AND GUARDIANS
NRS 62D.100 Rightto representation by attorney; appointment of attorney under certaincircumstances; compensation.
NRS 62D.110 Juvenilecourt to provide certificate of attendance to parent or guardian; contents.
NRS 62D.120 Juvenilecourt to provide to parents and guardians notice of juvenile proceedings to beheld after detention hearing; contents of notice.
NRS 62D.130 Terminatingor threatening to terminate employment of parent or guardian for appearance atproceeding prohibited; penalty; civil remedy.
PROCEEDINGS INVOLVING INDIAN CHILDREN
NRS 62D.200 Fullfaith and credit given to proceedings of Indian tribe.
NRS 62D.210 Procedurewhen proceedings involve placement into foster care; appointment of attorney.
TIMING
NRS 62D.300 Powerof juvenile court to expedite proceeding involving act committed against orwitnessed by person less than 16 years of age.
NRS 62D.310 Periodfor final disposition of cases.
NRS 62D.320 Continuances.
MISCELLANEOUS PROVISIONS
NRS 62D.400 Electronicfiling of certain documents.
NRS 62D.410 Subpoenas.
NRS 62D.420 Admissibleevidence; examination and cross-examination.
NRS 62D.430 Feesallowed for witnesses and other persons acting under order of juvenile court;limitations.
NRS 62D.440 Disclosureto victim of disposition of case; confidentiality of personal informationpertaining to victim or parent or guardian of victim.
APPEALS
NRS 62D.500 Appeals.
_________
RIGHTS OF CHILDREN
NRS
1. Each proceeding conducted pursuant to theprovisions of this title:
(a) Is not criminal in nature.
(b) Must be heard separately from the trial of casesagainst adults.
(c) Must be heard without a jury.
(d) May be conducted in an informal manner.
(e) May be held at a facility for the detention ofchildren or elsewhere at the discretion of the juvenile court.
(f) Does not require stenographic notes or any other transcriptof the proceeding unless ordered by the juvenile court.
2. Except as otherwise provided in this subsection,each proceeding conducted pursuant to the provisions of this title must be opento the public. If the juvenile court determines that all or part of theproceeding must be closed to the public because the closure is in the bestinterests of the child or the public:
(a) The public must be excluded; and
(b) The juvenile court may order that only thosepersons who have a direct interest in the case may be admitted. The juvenilecourt may determine that a victim or any member of the victims family is aperson who has a direct interest in the case and may be admitted.
(Added to NRS by
NRS
1. If a child is prosecuted for an offense in ajuvenile proceeding, the child may not be prosecuted again for the same offensein another juvenile proceeding or in a criminal proceeding as an adult.
2. For the purposes of this section:
(a) A child is prosecuted for an offense in a juvenileproceeding if:
(1) The district attorney files a petitionagainst the child pursuant to the provisions of this title alleging that the childcommitted a delinquent act; and
(2) The juvenile court accepts the childsadmission of the facts alleged in the petition or, at an adjudicatory hearingto determine culpability, the juvenile court begins to take evidence on thefacts alleged in the petition.
(b) An offense is the same offense if it is:
(1) The offense alleged in the petition; or
(2) An offense based upon the same conduct asthat alleged in the petition.
(Added to NRS by
NRS
1. If a child is alleged to be delinquent or in needof supervision, the juvenile court shall advise the child and the parent orguardian of the child that the child is entitled to be represented by anattorney at all stages of the proceedings.
2. If a parent or guardian of a child is indigent, theparent or guardian may request the appointment of an attorney to represent thechild pursuant to the provisions in NRS171.188.
3. Except as otherwise provided in this section, thejuvenile court shall appoint an attorney for a child if the parent or guardianof the child does not retain an attorney for the child and is not likely toretain an attorney for the child.
4. A child may waive the right to be represented by anattorney if:
(a) A petition is not filed and the child is placedunder informal supervision pursuant to NRS62C.200; or
(b) A petition is filed and the record of the juvenilecourt shows that the waiver of the right to be represented by an attorney ismade knowingly, intelligently, voluntarily and in accordance with anyapplicable standards established by the juvenile court.
5. Except as otherwise provided in
(a) The parent or guardian of the child is notindigent, the parent or guardian shall pay the reasonable fees and expenses ofthe attorney.
(b) The parent or guardian of the child is indigent,the juvenile court may order the parent or guardian to reimburse the county orState in accordance with the ability of the parent or guardian to pay.
6. Each attorney, other than a public defender, who isappointed under the provisions of this section is entitled to the samecompensation and expenses from the county as is provided in
(Added to NRS by
NRS
1. At the childs first appearance at intake andbefore the juvenile court, the child must be:
(a) Advised of his rights;
(b) Informed of the specific allegations in thepetition; and
(c) Given an opportunity to admit or deny thoseallegations.
2. If the child denies the allegations in thepetition, the juvenile court shall:
(a) Conduct an adjudicatory hearing concerning theallegations; and
(b) Record its findings on whether the allegations havebeen established.
3. If the child is alleged to be in need ofsupervision, the allegations in the petition must be established by apreponderance of the evidence based upon competent, material and relevantevidence.
4. If the child is alleged to have committed adelinquent act, the allegations in the petition must be established by proofbeyond a reasonable doubt based upon competent, material and relevant evidence.
5. If the juvenile court finds that the allegations inthe petition have not been established, the juvenile court shall dismiss thepetition and order that the child be discharged from any facility for thedetention of children or temporary care, unless otherwise ordered by thejuvenile court.
6. If the juvenile court finds that the allegations inthe petition have been established, the juvenile court shall make a properdisposition of the case.
(Added to NRS by
RIGHTS OF PARENTS AND GUARDIANS
NRS
1. A parent or guardian of a child who is alleged tobe delinquent or in need of supervision may be represented by an attorney atall stages of the proceedings. The juvenile court may not appoint an attorneyfor a parent or guardian, unless the juvenile court:
(a) Finds that such an appointment is required in theinterests of justice; and
(b) Specifies in the record the reasons for theappointment.
2. Each attorney, other than a public defender, who isappointed pursuant to subsection 1 is entitled to the same compensation andexpenses from the county as is provided in NRS7.125 and 7.135 for attorneysappointed to represent persons charged with criminal offenses.
(Added to NRS by
NRS
1. If a parent or guardian of a child appears with oron behalf of the child at a detention hearing, the juvenile court shall provideto the parent or guardian a certificate of attendance which the parent orguardian may provide to his employer.
2. A certificate of attendance:
(a) Must set forth the date and time of appearance andthe provisions of NRS 62D.130; and
(b) Must not set forth the name of the child or theoffense alleged.
(Added to NRS by
NRS
1. For any proceeding after the initial detentionhearing, the juvenile court shall cause written notice of the proceeding and acopy of the notice to be provided to all parents and guardians of the childwhich the parents and guardians may provide to their employers.
2. The written notice of the proceeding and the copyof the notice:
(a) Must set forth the date and time of the proceedingand the provisions of NRS 62D.130; and
(b) Must not set forth the name of the child or theoffense alleged.
3. If the address or location of any parent orguardian of a child is not immediately known when the proceeding is scheduled,notice must be served pursuant to this section immediately upon discovery ofthe address and location of the parent or guardian.
(Added to NRS by
NRS
1. If a parent or guardian of a child gives hisemployer or an agent of the employer notice of an appearance with or on behalfof the child in any court, it is unlawful for the employer or the agent of theemployer to:
(a) Terminate the employment of the parent or guardian,as a consequence of his appearance or prospective appearance in court; or
(b) Assert to the parent or guardian that hisappearance or prospective appearance in court will result in the termination ofhis employment.
2. Any employer or agent of an employer who violatesthe provisions of subsection 1 is guilty of a misdemeanor.
3. A parent or guardian who is discharged fromemployment in violation of subsection 1 may commence a civil action against hisemployer and obtain:
(a) Wages and benefits lost as a result of theviolation;
(b) An order of reinstatement without loss of position,seniority or benefits;
(c) Damages equal to the amount of the lost wages andbenefits; and
(d) Reasonable attorneys fees fixed by the court.
4. For the purposes of this section, notice is given:
(a) In the case of a detention hearing, when the parentor guardian:
(1) Gives the employer or an agent of theemployer oral notice in advance of the hearing; and
(2) Provides the employer with a certificate ofattendance immediately upon return to employment.
(b) In the case of any hearing after the initialdetention hearing, when the parent or guardian gives the employer or an agentof the employer, in advance of the hearing, the employers copy of the writtennotice of the hearing.
(Added to NRS by
PROCEEDINGS INVOLVING INDIAN CHILDREN
NRS
(Added to NRS by
NRS
1. If a proceeding conducted pursuant to theprovisions of this title involves the placement of an Indian child into fostercare, the juvenile court shall:
(a) Cause the Indian childs tribe to be notified inwriting in the manner provided in the Indian Child Welfare Act. If the Indianchild is eligible for membership in more than one tribe, each tribe must benotified.
(b) Transfer the proceedings to the Indian childstribe in accordance with the Indian Child Welfare Act or, if a tribe declinesor is unable to exercise jurisdiction, exercise jurisdiction as provided in theIndian Child Welfare Act.
2. If the juvenile court determines that the parent ofan Indian child for whom foster care is sought is indigent, the juvenile court,as provided in the Indian Child Welfare Act:
(a) Shall appoint an attorney to represent the parent;
(b) May appoint an attorney to represent the Indianchild; and
(c) May apply to the Secretary of the Interior for thepayment of the fees and expenses of such an attorney.
(Added to NRS by
TIMING
NRS
1. Upon the request of the district attorney, thejuvenile court may expedite any proceeding conducted pursuant to the provisionsof this title that involves an act committed against a person who is less than16 years of age or an act witnessed by a person who is less than 16 years ofage.
2. In determining whether to expedite a proceeding,the juvenile court may consider the effect that a delay in the proceeding mayhave on the mental or emotional health or well-being of the person who is lessthan 16 years of age.
(Added to NRS by
NRS
1. Except as otherwise provided in this section, thejuvenile court shall make its final disposition of a case not later than 60days after the date on which the petition in the case was filed.
2. The juvenile court may extend the time for finaldisposition of a case if the juvenile court files an order setting forthspecific reasons for the extension:
(a) Not later than 60 days after the date on which thepetition in the case was filed; or
(b) Later than 60 days after the date on which thepetition in the case was filed, if the juvenile court finds that the extensionwould serve the interests of justice. In determining whether an extension wouldserve the interests of justice, the juvenile court shall consider:
(1) The gravity of the act alleged in the case;
(2) The reasons for any delay in the dispositionof the case; and
(3) The potential consequences to the child, anyvictim and the public of not extending the time for final disposition of thecase.
3. The juvenile court shall not extend the time forfinal disposition of a case beyond 1 year from the date on which the petitionin the case was filed.
(Added to NRS by
1. The juvenile court may continue any proceedingconducted pursuant to the provisions of this title for a reasonable period toreceive oral and written reports or other competent, material and relevantevidence that may be helpful in determining the issues presented.
2. If a proceeding involves an act committed against aperson who is less than 16 years of age or an act witnessed by a person who isless than 16 years of age, the juvenile court:
(a) May consider any adverse effects that a continuanceof the proceeding may have on the mental or emotional health or well-being ofthe person who is less than 16 years of age; and
(b) May deny a continuance of the proceeding if thedelay will adversely affect the mental or emotional health or well-being of theperson who is less than 16 years of age.
3. If the juvenile court orders a continuance of aproceeding, the juvenile court shall make an appropriate order for thedetention or temporary care of the child who is the subject of the proceedingduring the period of the continuance.
(Added to NRS by
MISCELLANEOUS PROVISIONS
NRS
1. A clerk of the court may allow any of the followingdocuments to be filed electronically:
(a) A petition prepared and signed by the districtattorney pursuant to NRS 62C.100 or
(b) A document relating to proceedings conductedpursuant to this title.
(c) A study and report prepared pursuant to
2. Any document that is filed electronically pursuantto this section must contain an image of the signature of the person who isfiling the document.
(Added to NRS by
1. In each proceeding conducted pursuant to theprovisions of this title, the juvenile court may issue and, upon the request ofany party to the proceeding, the clerk of the court shall issue subpoenas thatrequire:
(a) The attendance and testimony of witnesses; and
(b) The production of records, documents or othertangible objects.
2. In each proceeding conducted pursuant to theprovisions of this title that involves a child who is alleged to be delinquentor in need of supervision, the district attorney or the attorney for the childmay issue subpoenas pursuant to NRS 174.315and 174.335 that require:
(a) The attendance and testimony of witnesses; and
(b) The production of records, documents or othertangible objects.
(Added to NRS by
NRS
1. In each proceeding conducted pursuant to theprovisions of this title, the juvenile court may:
(a) Receive all competent, material and relevantevidence that may be helpful in determining the issues presented, including,but not limited to, oral and written reports; and
(b) Rely on such evidence to the extent of itsprobative value.
2. The juvenile court shall afford the parties andtheir attorneys an opportunity to examine and controvert each written reportthat is received into evidence and to cross-examine each person who made thewritten report, when reasonably available.
(Added to NRS by
NRS
1. A party to a petition must not be charged any courtfees or witness fees.
2. A salaried officer of this state or of any politicalsubdivision of this state is not entitled to receive any fee for the officersservices or attendance in the juvenile court.
3. Any other person acting under orders of thejuvenile court may receive a fee for service of process, for serving as a witnessor for his services and attendance in juvenile court. The fee must be paid:
(a) In an amount as provided by law for like servicesin cases before the district court; and
(b) By the county, after the juvenile court hascertified the amount to be paid.
(Added to NRS by
NRS
1. The prosecuting attorney shall disclose to thevictim of an act committed by a child the disposition of the childs caseregarding that act if:
(a) The victim requests such a disclosure; or
(b) If the victim is less than 18 years of age, theparent or guardian of the victim requests such a disclosure.
2. All personal information pertaining to the victimor the parent or guardian of the victim, including, but not limited to, acurrent or former address, which is obtained by the prosecuting attorneypursuant to this section, is confidential and must not be used for a purposeother than that provided for in this section.
(Added to NRS by
APPEALS
1. Appeals from the orders of the juvenile court maybe taken to the Supreme Court in the same manner as appeals in civil cases aretaken.
2. For the purposes of this section, a decision todeny certification of a child for criminal proceedings as an adult is a finaljudgment from which an appeal may be taken.
(Added to NRS by
Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
