2005 Nevada Revised Statutes - Chapter 62E — Disposition of Cases by Juvenile Court

CHAPTER 62E - DISPOSITION OF CASES BYJUVENILE COURT

GENERAL PROVISIONS

NRS 62E.010 Adjudicationis not conviction and does not impose civil disabilities; exceptions.

NRS 62E.020 Modificationand termination of decrees and orders.

NRS 62E.030 Courtto provide certain information to school district concerning child who causedor attempted to cause serious bodily injury to another person.

NRS 62E.040 Penaltiesimposed on adult who disobeys court order.

PROVISIONS APPLICABLE TO ALL CHILDREN SUBJECT TO JURISDICTIONOF JUVENILE COURT

Applicability

NRS 62E.100 Applicabilityof provisions.

 

Commitment or Placement of Child

NRS 62E.110 Placementof child in home; commitment of child to institution or facility.

NRS 62E.120 Preferencefor certain relatives when placing child under supervision in home.

NRS 62E.130 Considerationof religious faith in commitment of child to care of person, institution orfacility.

NRS 62E.140 Permittingchild to reside without immediate supervision of adult or exempting child frommandatory attendance at school under certain circumstances.

NRS 62E.150 Provisionof information to institution or agency to which child is committed; provisionof information to juvenile court from such institution or agency.

NRS 62E.160 Placementof child in need of supervision or in need of commitment to institution formentally retarded or mentally ill outside home; study and report; filing ofplan; examination of child or parent or guardian by physician, psychiatrist orpsychologist.

NRS 62E.170 Reviewof placement in foster home or other institution; dispositional hearings.

 

Community Service

NRS 62E.180 Orderingchild or parent or guardian to perform community service.

NRS 62E.190 Supervisingentities; reports.

NRS 62E.200 Restrictionsconcerning community service and programs of work on or near highways or inother dangerous situations.

 

Alternative Programs

NRS 62E.210 Whenjuvenile court may order completion of certain alternative programs; payment ofcost of participation in such programs.

NRS 62E.220 Programof cognitive training and human development.

NRS 62E.230 Cognitivetraining and human development fund: Establishment; requirements for managementand expenditures of fund.

NRS 62E.240 Programof sports or physical fitness and program for the arts.

 

Restrictions on Drivers License

NRS 62E.250 Suspensionor delay in issuance of drivers license.

NRS 62E.260 Informationprovided to child upon application for drivers license; procedure followingsuspension or delay.

 

Miscellaneous Provisions

NRS 62E.270 Administrativeassessment 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 Orderingparent or guardian of child to refrain from certain conduct; counseling forparent, guardian or other person living with child.

NRS 62E.300 Paymentof expenses of proceedings by parent or guardian.

PROVISIONS APPLICABLE TO CHILDREN IN NEED OF SUPERVISION

NRS 62E.400 Applicabilityof provisions.

NRS 62E.410 Initialadmonition and referral; conditions before adjudication; inapplicability tohabitual truant.

NRS 62E.420 Placementin certain facilities prohibited.

NRS 62E.430 Habitualtruants: Fines; suspension or delay in issuance of drivers license; communityservice.

PROVISIONS APPLICABLE TO DELINQUENT CHILDREN

Applicability

NRS 62E.500 Applicabilityof provisions.

 

Commitment

NRS 62E.510 Minimumage and other conditions for commitment of child to state facility fordetention of children or to private institution.

NRS 62E.513 Commitmentof child to facility for detention of children: Screening required; time andmethod for conducting screening.

NRS 62E.516 Commitmentof child to facility for detention of children: Approval of methods forscreening; duties of Division of Child and Family Services; appropriategoverning body and chief judge to ensure compliance with requirements;regulations.

NRS 62E.520 Commitmentof child to Division of Child and Family Services: Conditions and limitations;notice; investigation and recommendation for placement of child.

NRS 62E.530 Commitmentof child to Division of Child and Family Services: Physical examinationrequired; report from physician.

NRS 62E.540 Commitmentof child to Division of Child and Family Services: Payment of expenses byparent or guardian.

 

Restitution

NRS 62E.550 Powerof juvenile court to order restitution and to establish and administer programsof restitution.

NRS 62E.560 Dutyof juvenile court to order restitution for certain unlawful acts;responsibilities of parent or guardian of child; community service in lieu ofrestitution.

NRS 62E.570 Determinationof amount of restitution.

NRS 62E.580 Programof restitution through work: Establishment; requirements; powers of director ofjuvenile services.

NRS 62E.590 Programof restitution through work: Restitution through work fund.

NRS 62E.600 Programof restitution through work: Conditions for participation; payment of costs.

NRS 62E.610 Victimawarded restitution may bring civil action in district court to recoverdamages.

 

Specific Acts Committed by Child

NRS 62E.620 Evaluationof 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 driversrecord of child.

NRS 62E.630 Certainacts involving alcohol or controlled substance: Suspension of or delay inissuance of drivers license.

NRS 62E.640 Drivingunder influence: Revocation of drivers license.

NRS 62E.650 Certainacts involving firearm: Community service; suspension or delay in issuance ofdrivers license.

NRS 62E.660 Certainacts involving firearm: Revocation of and prohibition from receiving license tohunt.

NRS 62E.670 Actinvolving use of firearm or use or threatened use of force or violence: Effecton disposition.

NRS 62E.680 Actinvolving cruelty to or torture of animal: Participation in counseling or otherpsychological treatment; payment of costs.

NRS 62E.690 Placinggraffiti on or defacing property: Suspension or delay in issuance of driverslicense.

NRS 62E.700 Minortraffic offenses.

NRS 62E.710 Violationof probation: Placement in facility for detention of children or county jail.

 

Miscellaneous Provisions

NRS 62E.720 Programof visitation to office of county coroner: Establishment; requirements; paymentof costs; report to Legislature.

NRS 62E.730 Finesand penalties.

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GENERAL PROVISIONS

NRS 62E.010 Adjudicationis not conviction and does not impose civil disabilities; exceptions.

1. A child who is adjudicated pursuant to theprovisions of this title is not a criminal and any adjudication is not aconviction, and a child may be charged with a crime or convicted in a criminalproceeding 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 achild does not impose any of the civil disabilities ordinarily resulting fromconviction, and the disposition of a child or any evidence given in thejuvenile court must not be used to disqualify the child in any future applicationfor or appointment to the civil service.

(Added to NRS by 2003, 1062)

NRS 62E.020 Modificationand termination of decrees and orders.

1. Except as otherwise provided in this section, thejuvenile court may at any time modify or terminate any decree or order that ithas made.

2. Except as otherwise provided in NRS 63.480, before the juvenile court maymodify or terminate an order committing a child to the custody of the Divisionof Child and Family Services, the juvenile court shall:

(a) Provide the Administrator of the Division of Childand Family Services with written notice not later than 10 days before modifyingor terminating the order, unless the Administrator waives the right to receivesuch notice; and

(b) Give due consideration to the effect that themodification or termination of the order will have upon the child and theprograms of the Division of Child and Family Services.

(Added to NRS by 2003, 1067)

NRS 62E.030 Courtto provide certain information to school district concerning child who causedor attempted to cause serious bodily injury to another person.

1. If a court determines that a child who is currentlyenrolled in school unlawfully caused or attempted to cause serious bodilyinjury to another person, the court shall provide the information specified insubsection 2 to the school district in which the child is currently enrolled.

2. The information required to be provided pursuant tosubsection 1 must include:

(a) The name of the child;

(b) A description of any injury sustained by the otherperson;

(c) A description of any weapon used by the child; and

(d) A description of any threats made by the childagainst the other person before, during or after the incident in which thechild injured or attempted to injure the person.

(Added to NRS by 2003, 1066)

NRS 62E.040 Penaltiesimposed 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 thejuvenile court under the provisions of this title is guilty of a misdemeanorand may be punished for contempt.

2. Except as otherwise provided in this section, ifthe juvenile court determines that a person is guilty of contempt, the personmay be punished by:

(a) A fine, not to exceed $500; or

(b) Imprisonment, not to exceed 25 days,

or both.

3. The juvenile court may punish a person who isguilty of contempt by imprisonment for more than 25 days if:

(a) The person is guilty of contempt for refusing toperform an act and the person has the power to perform the act; and

(b) The juvenile court specifies the act the personmust perform in the warrant of commitment.

4. A person punished pursuant to subsection 3 may beimprisoned until the person performs the act specified in the warrant ofcommitment.

(Added to NRS by 2003, 1032)

PROVISIONS APPLICABLE TO ALL CHILDREN SUBJECT TOJURISDICTION OF JUVENILE COURT

Applicability

NRS 62E.100 Applicabilityof provisions. Except as otherwise provided inNRS 62E.100 to 62E.300, inclusive:

1. The provisions of NRS 62E.100 to 62E.300, inclusive, apply to the dispositionof a case involving any child who is found to be within the purview of thistitle.

2. In addition to any other orders or actionsauthorized or required by the provisions of this title, if a child is found tobe within the purview of this title:

(a) The juvenile court may issue any orders or take anyactions set forth in NRS 62E.100 to 62E.300, inclusive, that the juvenilecourt deems proper for the disposition of the case; and

(b) If required by a specific statute, the juvenilecourt shall issue the appropriate orders or take the appropriate actions setforth in the statute.

(Added to NRS by 2003, 1061)

Commitment or Placement of Child

NRS 62E.110 Placementof child in home; commitment of child to institution or facility.

1. Except as otherwise provided in this chapter, thejuvenile court may:

(a) Place a child in the custody of a suitable personfor supervision in the childs own home or in another home; or

(b) Commit the child to the custody of a public orprivate institution or agency authorized to care for children.

2. If the juvenile court places the child undersupervision in a home:

(a) The juvenile court may impose such conditions asthe juvenile court deems proper; and

(b) The program of supervision in the home may includeelectronic surveillance of the child.

3. If the juvenile court commits the child to thecustody of a public or private institution or agency, the juvenile court shallselect one that is required to be licensed by:

(a) The Department of Health and Human Services to carefor 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 Preferencefor certain relatives when placing child under supervision in home. In determining whether to place a child in the custody ofa person other than a parent or guardian, the juvenile court shall givepreference to any person who is related to the child within the third degree ofconsanguinity if the juvenile court finds that the person is suitable and ableto provide proper care and guidance for the child.

(Added to NRS by 2003, 1062)

NRS 62E.130 Considerationof religious faith in commitment of child to care of person, institution orfacility. In placing a child in the custody ofa person or a public or private institution or agency, the juvenile court shallselect, when practicable, a person or an institution or agency governed bypersons of:

1. The same religious faith as that of the parents ofthe child;

2. If the religious faiths of the parents differ, thereligious faith of the child; or

3. If the religious faith of the child is notascertainable, the religious faith of either of the parents.

(Added to NRS by 2003, 1062)

NRS 62E.140 Permittingchild to reside without immediate supervision of adult or exempting child frommandatory attendance at school under certain circumstances. The juvenile court may permit a child to reside in aresidence without the immediate supervision of an adult, exempt the child frommandatory attendance at school so that the child may be employed full time, orboth, if the child:

1. Is at least 16 years of age;

2. Has demonstrated the capacity to benefit from thisplacement or exemption; and

3. Is under the strict supervision of the juvenilecourt.

(Added to NRS by 2003, 1062)

NRS 62E.150 Provisionof information to institution or agency to which child is committed; provisionof information to juvenile court from such institution or agency.

1. If the juvenile court commits a child to thecustody of a public or private institution or agency, the juvenile court shall:

(a) Transmit a summary of its information concerningthe child to the institution or agency; and

(b) Order the administrator of the school that thechild last attended to transmit a copy of the childs educational records tothe institution or agency.

2. The institution or agency to which the child iscommitted shall provide the juvenile court with any information concerning thechild that the juvenile court may require.

(Added to NRS by 2003, 1063)

NRS 62E.160 Placementof child in need of supervision or in need of commitment to institution formentally retarded or mentally ill outside home; study and report; filing ofplan; examination of child or parent or guardian by physician, psychiatrist orpsychologist.

1. If it has been admitted or determined that a childis in need of supervision or in need of commitment to an institution for thementally retarded or the mentally ill and the child has been or will be placedoutside the home of the child by court order:

(a) The juvenile court shall direct a probation officeror an authorized agency to prepare for the juvenile court a study and a writtenreport concerning the child, the family of the child, the environment of thechild and other matters relevant to the need for treatment or disposition ofthe case; and

(b) The agency which is charged with the care andcustody of the child or the agency which has the responsibility for supervisingthe placement of the child shall file with the juvenile court a plan whichincludes:

(1) The social history of the child and thefamily of the child;

(2) The wishes of the child relating to theplacement of the child;

(3) A statement of the conditions which requireintervention by the juvenile court and whether the removal of the child fromthe home of the child was a result of a judicial determination that the childscontinuation in the home would be contrary to the childs welfare;

(4) A statement of the harm which the child islikely to suffer as a result of the removal;

(5) A discussion of the efforts made by theagency to avoid removing the child from the home of the child before the agencyplaced the child in foster care;

(6) The special programs available to the parentor guardian of the child which might prevent further harm to the child and thereason that each program is likely to be useful, and the overall plan of theagency to assure that the services are available;

(7) A description of the type of home orinstitution in which the child could be placed, a plan for assuring that thechild would receive proper care and a description of the needs of the child;and

(8) A description of the efforts made by theagency to facilitate the return of the child to the home of the child orpermanent placement of the child.

2. If there are indications that a child may bementally retarded or mentally ill, the juvenile court may order the child to beexamined at a suitable place by a physician, psychiatrist or psychologistbefore a hearing on the merits of the petition. The examinations made before ahearing or as part of the study provided for in subsection 1 must be conductedwithout admission to a hospital unless the juvenile court finds that placementin a hospital or other appropriate facility is necessary.

3. After a hearing, the juvenile court may order aparent or guardian of the child to be examined by a physician, psychiatrist orpsychologist if:

(a) The ability of the parent or guardian to care foror 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)

NRS 62E.170 Reviewof placement in foster home or other institution; dispositional hearings.

1. Except as otherwise provided in this section, ifthe juvenile court places a child in a foster home or other similarinstitution, the juvenile court shall review the placement at leastsemiannually for the purpose of determining whether:

(a) Continued placement or supervision is in the bestinterests 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 childsprotective services officer, welfare worker or other guardian of the childwhich includes, but is not limited to, an evaluation of the progress of thechild and recommendations for further supervision, treatment or rehabilitation.

(b) Request any information or statements that thejuvenile court deems necessary for the review.

3. The juvenile court shall hold dispositionalhearings not later than 18 months after the review required by subsection 1,and at least annually thereafter.

4. The juvenile court shall hold each dispositionalhearing to determine whether:

(a) The child should be returned to his parent orguardian or other relatives;

(b) The childs placement in the foster home or othersimilar institution should be continued;

(c) The child should be placed for adoption or under alegal guardianship; or

(d) The child should remain in the foster home or othersimilar institution on a long-term basis.

5. The provisions of this section do not apply to theplacement of a child in the home of the childs parent or parents.

6. This section does not limit the power of thejuvenile court to order a review or similar proceeding under subsection 1 otherthan semiannually.

7. In determining the placement of the child pursuantto this section, the juvenile court shall give preference to any person who isrelated to the child within the third degree of consanguinity if the juvenilecourt finds that the person is suitable and able to provide proper care andguidance for the child.

(Added to NRS by 2003, 1064)

Community Service

NRS 62E.180 Orderingchild or parent or guardian to perform community service.

1. The juvenile court may order a child or the parentor guardian of the child, or both, to perform community service.

2. If the juvenile court orders a child or the parentor guardian of the child, or both, to perform community service pursuant to theprovisions of this title, the juvenile court may order the child or the parentor guardian of the child, or both, to deposit with the juvenile court areasonable sum of money to pay for the cost of a policy for insurance againstliability for personal injury and damage to property or for industrialinsurance, or both, during those periods in which the work is performed,unless, in the case of industrial insurance, it is provided by the authorityfor which the work is performed.

(Added to NRS by 2003, 1065)

NRS 62E.190 Supervisingentities; reports.

1. If the juvenile court orders a child or the parentor guardian of the child, or both, to perform community service pursuant to theprovisions of this title, the child or parent or guardian of the child, orboth, must perform the community service for and under the supervisingauthority of a county, city, town or other political subdivision or agency ofthe State of Nevada or a charitable organization that renders service to thecommunity or its residents, including, but not limited to:

(a) A public organization that works on publicprojects;

(b) A public agency that works on projects to eradicategraffiti; or

(c) A private nonprofit organization that performsother community service.

2. The person or entity who supervises the community serviceshall make such reports to the juvenile court as the juvenile court mayrequire.

(Added to NRS by 2003, 1046)

NRS 62E.200 Restrictionsconcerning community service and programs of work on or near highways or inother dangerous situations.

1. Except as otherwise provided in this section, if achild is required to perform any work or community service pursuant to theprovisions of this title, the supervising entity shall not allow the child toperform the work or community service on or near a highway or in any otherdangerous situation.

2. A supervising entity may allow a child to performwork or community service on or near a controlled-access highway if:

(a) The child is not required to perform any work orservice in the median of the highway;

(b) The work or service is performed behind a guardrailor other safety barrier;

(c) Appropriate warning signs are placed on the highwayat least 100 yards in front of the location where the child is working fromboth directions, as appropriate based on the speed of the vehicles traveling onthe highway;

(d) A vehicle with an amber light placed on top of thevehicle is placed at the site in a manner which shields the child from traffic;

(e) The child is required to wear a reflective vest andan orange hat;

(f) The supervising entity obtains written permissionfrom the parent or guardian of the child; and

(g) The supervising entity obtains written permissionfrom and complies with all safety rules of the governmental entity withauthority over the controlled-access highway.

3. A supervising entity may allow a child to performwork or community service on or near a highway that does not have controlledaccess if:

(a) The child is not required to perform any work orservice in the median of the highway;

(b) Appropriate warning signs are placed at least 100yards 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 thevehicle is placed at the site in a manner which shields the child from traffic;

(d) The child is required to wear a reflective vest andan orange hat;

(e) The supervising entity obtains written permissionfrom the parent or guardian of the child; and

(f) The supervising entity obtains written permissionfrom and complies with all safety rules of the governmental entity withauthority over the highway.

4. Upon the request of the parent or guardian of thechild who is assigned to perform work or community service on or near a highwaypursuant to subsection 2 or 3, the supervising entity shall make available tothe parent or guardian information regarding the nature of the work orcommunity service to be performed by the child and the specific location atwhich the work or community service is to be performed.

5. As used in this section:

(a) Controlled-access highway means every highway toor from which owners or occupants of abutting lands and other persons have nolegal right of access except at such points only and in such manner as may bedetermined by a public authority.

(b) Other dangerous situation means any situationthat poses a reasonably foreseeable risk that serious bodily harm or injury toa child could occur.

(c) Supervising entity means a person or entity thatis responsible for supervising children who are ordered to perform work orcommunity service pursuant to the provisions of this title.

(Added to NRS by 2003, 1046)

Alternative Programs

NRS 62E.210 Whenjuvenile court may order completion of certain alternative programs; payment ofcost of participation in such programs.

1. If a child has not previously been adjudicateddelinquent or in need of supervision and the unlawful act committed by thedelinquent child did not involve the use or threatened use of force or violenceagainst a victim, the juvenile court may order a child to complete any or allof the following programs:

(a) A program of cognitive training and humandevelopment established pursuant to NRS62E.220.

(b) A program for the arts as described in NRS 62E.240.

(c) A program of sports or physical fitness asdescribed in NRS 62E.240.

2. If the juvenile court orders the child toparticipate in a program of cognitive training and human development, a programfor the arts or a program of sports or physical fitness, the juvenile court mayorder any or all of the following, in the following order of priority ifpracticable:

(a) The child or the parent or guardian of the child,or both, to the extent of their financial ability, to pay the costs associatedwith the participation of the child in the program, including, but not limitedto, a reasonable sum of money to pay for the cost of policies of insuranceagainst liability for personal injury and damage to property during thoseperiods in which the child participates in the program;

(b) The child to work on projects or perform communityservice for a period that reflects the costs associated with the participationof the child in the program; or

(c) The county in which the petition alleging the childto be in need of supervision is filed to pay the costs associated with theparticipation of the child in the program.

(Added to NRS by 2003, 1066)

NRS 62E.220 Programof cognitive training and human development.

1. A program of cognitive training and humandevelopment must include, but is not limited to, education, instruction orguidance in one or more of the following subjects, as deemed appropriate by thejuvenile 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 withpersons and public or private entities that are qualified to operate or toparticipate in a program of cognitive training and human development.

3. A director of juvenile services may designate aperson to carry out the provisions of this section.

(Added to NRS by 2003, 1044)

NRS 62E.230 Cognitivetraining and human development fund: Establishment; requirements for managementand expenditures of fund.

1. To finance a program of cognitive training andhuman development established pursuant to NRS62E.220, a director of juvenile services may establish, with the countytreasurer as custodian, a special fund to be known as the cognitive trainingand human development fund.

2. A director of juvenile services may apply for andaccept grants, gifts, donations, bequests or devises which the director shalldeposit 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 applicablecharges, must be credited to the fund.

4. A director of juvenile services shall:

(a) Expend money from the fund only to finance aprogram 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 anyexpenditure from the fund before it is made.

(Added to NRS by 2003, 1044)

NRS 62E.240 Programof sports or physical fitness and program for the arts.

1. A program of sports or physical fitness and aprogram 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 notlimited to:

(a) Drawing, painting, photography or other visualarts;

(b) Writing;

(c) Musical, dance or theatrical performance; and

(d) Any other structured activity that involvescreative or artistic expression.

(Added to NRS by 2003, 1044)

Restrictions on Drivers License

NRS 62E.250 Suspensionor delay in issuance of drivers license.

1. The juvenile court may order that the driverslicense of a child be suspended for at least 90 days but not more than 2 years.

2. If the child does not possess a drivers license,the juvenile court may prohibit the child from receiving a drivers license forat least 90 days but not more than 2 years:

(a) Immediately following the date of the order, if thechild is eligible to receive a drivers license.

(b) After the date the child becomes eligible to applyfor a drivers license, if the child is not eligible to receive a license onthe date of the order.

(Added to NRS by 2003, 1065)

NRS 62E.260 Informationprovided to child upon application for drivers license; procedure followingsuspension or delay.

1. If a child applies for a drivers license, theDepartment of Motor Vehicles shall:

(a) Notify the child of the provisions of this titlethat permit the juvenile court to suspend or revoke the license of the child;and

(b) Require the child to sign an affidavitacknowledging that the child is aware that his drivers license may besuspended or revoked pursuant to the provisions of this title.

2. If the juvenile court issues an order delaying theability of a child to receive a drivers license, not later than 5 days afterissuing the order the juvenile court shall forward to the Department of MotorVehicles a copy of the order.

3. If the juvenile court issues an order suspendingthe drivers license of a child:

(a) The juvenile court shall order the child tosurrender his drivers license to the juvenile court; and

(b) Not later than 5 days after issuing the order, thejuvenile court shall forward to the Department of Motor Vehicles a copy of theorder and the drivers license of the child.

4. If the juvenile court issues an order suspendingthe drivers license of a child, the Department of Motor Vehicles:

(a) Shall report the suspension of the drivers licenseof the child to an insurance company or its agent inquiring about the childsdriving record, but such a suspension must not be considered for the purpose ofrating or underwriting.

(b) Shall not treat the suspension in the mannerstatutorily required for moving traffic violations, unless the suspensionresulted from the childs poor performance as a driver.

(c) Shall not require the child to submit to the testsand other requirements which are adopted by regulation pursuant to subsection 1of NRS 483.495 as a condition ofreinstatement or reissuance after the suspension of a drivers license, unlessthe suspension resulted from the childs poor performance as a driver.

(Added to NRS by 2003, 1065)

Miscellaneous Provisions

NRS 62E.270 Administrativeassessment 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 because the child isa habitual truant pursuant to NRS 62E.430,

the juvenilecourt shall order the child or the parent or guardian of the child to pay anadministrative assessment of $10 in addition to the fine.

2. The juvenile court shall state separately on itsdocket the amount of money that the juvenile court collects for theadministrative assessment.

3. If the child is found not to have committed thealleged act or the charges are dropped, the juvenile court shall return to thechild or the parent or guardian of the child any money deposited with thejuvenile court for the administrative assessment.

4. On or before the fifth day of each month for thepreceding month, the clerk of the court shall pay to the county treasurer themoney the juvenile court collects for administrative assessments.

5. On or before the 15th day of each month, the countytreasurer shall deposit the money in the county general fund for credit to aspecial account for the use of the countys juvenile court or for services todelinquent children.

(Added to NRS by 2003, 1067)

NRS 62E.280 Medical,psychiatric, psychological and other care or treatment and examinations.

1. The juvenile court may:

(a) Order such medical, psychiatric, psychological orother care and treatment for a child as the juvenile court deems to be in thebest 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 guardianof the child to provide such care or treatment; and

(b) If, after due notice, the parent or guardian failsto provide such care or treatment, the juvenile court may order that the childbe 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 thejuvenile court may order the person having the duty under the law to supportthe child to pay part or all of the expenses of such care or treatment.

(Added to NRS by 2003, 1064)

NRS 62E.290 Orderingparent or guardian of child to refrain from certain conduct; counseling forparent, guardian or other person living with child.

1. The juvenile court may order the parent or guardianof a child to refrain from engaging in or continuing any conduct which thejuvenile court believes has caused or tended to cause the child to becomesubject to the jurisdiction of the juvenile court.

2. If the child is less than 18 years of age, thejuvenile court may order:

(a) The parent or guardian of the child; and

(b) Any sibling or other person who is living in thesame household as the child over whom the juvenile court has jurisdiction,

to attend orparticipate in counseling, with or without the child, including, but notlimited to, counseling regarding parenting skills, alcohol or substance abuse,or techniques of dispute resolution.

(Added to NRS by 2003, 1065)

NRS 62E.300 Paymentof expenses of proceedings by parent or guardian. Thejuvenile court may order the parent or guardian of a child to pay, in whole orin part, for the costs related to the proceedings involving the disposition ofthe case, including, but not limited to:

1. Reasonable attorneys fees;

2. Any costs incurred by the juvenile court; and

3. Any costs incurred in investigating the actscommitted 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 Applicabilityof provisions.

1. The provisions of this section and NRS 62E.410, 62E.420 and 62E.430 apply to the disposition of acase involving a child who is found to be within the purview of this titlebecause the child is or is alleged to be in need of supervision.

2. If such a child is found to be within the purviewof this title:

(a) The juvenile court may issue any orders or take anyactions set forth in NRS 62E.410, 62E.420 and 62E.430 that the juvenile court deemsproper for the disposition of the case; and

(b) If required by a specific statute, the juvenile courtshall issue the appropriate orders or take the appropriate actions set forth inthe statute.

(Added to NRS by 2003, 1068)

NRS 62E.410 Initialadmonition and referral; conditions before adjudication; inapplicability tohabitual truant.

1. If a petition is filed alleging that a child is inneed of supervision and the child previously has not been found to be withinthe purview of this title, the juvenile court:

(a) Shall admonish the child to obey the law and torefrain 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 thecommunity for counseling, behavioral modification and social adjustment; and

(d) Shall not adjudicate the child to be in need ofsupervision, unless a subsequent petition based upon additional facts is filedwith the juvenile court after admonition and referral pursuant to thissubsection.

2. If a child is not subject to the provisions ofsubsection 1, the juvenile court may not adjudicate the child to be in need ofsupervision unless the juvenile court expressly finds that reasonable effortswere taken in the community to assist the child in ceasing the behavior forwhich the child is alleged to be in need of supervision.

3. The provisions of this section do not apply to achild who is alleged to be in need of supervision because the child is ahabitual truant.

(Added to NRS by 2003, 1049)

NRS 62E.420 Placementin certain facilities prohibited. A child inneed of supervision must not be committed to or otherwise placed in a statefacility for the detention of children or any other facility that providescorrectional care.

(Added to NRS by 2003, 1068)

NRS 62E.430 Habitualtruants: Fines; suspension or delay in issuance of drivers license; communityservice.

1. If a child is adjudicated to be in need of supervisionbecause the child is a habitual truant, the juvenile court shall:

(a) The first time the child is adjudicated to be inneed of supervision because the child is a habitual truant:

(1) Order the child to:

(I) Pay a fine of not more than $100 andthe administrative assessment required by NRS62E.270; or

(II) Perform not less than 8 hours but notmore than 16 hours of community service; and

(2) If the child is 14 years of age or older,order the suspension of the drivers license of the child for at least 30 daysbut not more than 6 months. If the child does not possess a drivers license,the juvenile court shall prohibit the child from applying for a driverslicense for 30 days:

(I) Immediately following the date of theorder if the child is eligible to apply for a drivers license; or

(II) After the date the child becomeseligible to apply for a drivers license if the child is not eligible to applyfor a drivers license.

(b) The second or any subsequent time the child isadjudicated to be in need of supervision because the child is a habitualtruant:

(1) Order the child to:

(I) Pay a fine of not more than $200 andthe administrative assessment required by NRS62E.270;

(II) Perform not more than 10 hours ofcommunity service; or

(III) Comply with the requirements setforth in both sub-subparagraphs (I) and (II); and

(2) If the child is 14 years of age or older,order the suspension of the drivers license of the child for at least 60 daysbut not more than 1 year. If the child does not possess a drivers license, thejuvenile court shall prohibit the child from applying for a drivers licensefor 60 days:

(I) Immediately following the date of theorder if the child is eligible to apply for a drivers license; or

(II) After the date the child becomeseligible to apply for a drivers license if the child is not eligible to applyfor a drivers license.

2. The juvenile court may suspend the payment of afine ordered pursuant to paragraph (a) of subsection 1 if the child attendsschool for 60 consecutive school days, or its equivalent in a school districtoperating under an alternative schedule authorized pursuant to NRS 388.090, after the imposition of thefine, or has a valid excuse acceptable to his teacher or the principal for anyabsence from school within that period.

3. The community service ordered pursuant to thissection must be performed at the childs school of attendance, if practicable.

(Added to NRS by 2003, 1068; A 2003, 3218)

PROVISIONS APPLICABLE TO DELINQUENT CHILDREN

Applicability

NRS 62E.500 Applicabilityof provisions.

1. The provisions of NRS 62E.500 to 62E.730, inclusive:

(a) Apply to the disposition of a case involving achild who is adjudicated delinquent.

(b) Except as otherwise provided in NRS 62E.700, do not apply to the dispositionof 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 anyactions set forth in NRS 62E.500 to 62E.730, inclusive, that the juvenilecourt deems proper for the disposition of the case; and

(b) If required by a specific statute, the juvenilecourt shall issue the appropriate orders or take the appropriate actions setforth in the statute.

(Added to NRS by 2003, 1069; A 2005, 1036)

Commitment

NRS 62E.510 Minimumage and other conditions for commitment of child to state facility fordetention of children or 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 thedetention 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 unlessthe commitment is approved by the superintendent of the state facility for thedetention of children to which the child would otherwise have been committed.

(Added to NRS by 2003, 1069)

NRS 62E.513 Commitmentof child to facility for detention of children: Screening required; time andmethod for conducting screening.

1. Each child who is adjudicated delinquent andcommitted by the juvenile court to a regional facility for the detention ofchildren or state facility for the detention of children or ordered by thejuvenile court to be placed in a facility for the detention of childrenpursuant to NRS 62E.710 must be screenedto determine whether the child is in need of mental health services or is anabuser of alcohol or drugs.

2. The facility to which the child is committed or inwhich the child is placed shall cause the screening required pursuant tosubsection 1 to be conducted as soon as practicable after the child has beencommitted to or placed in the facility.

3. The method forconducting the screening required pursuant to subsection 1 must satisfy therequirements of NRS 62E.516.

(Added to NRS by 2005, 1035)

NRS 62E.516 Commitmentof child to facility for detention of children: Approval of methods forscreening; duties of Division of Child and Family Services; appropriategoverning body and chief judge to ensure compliance with requirements;regulations.

1. Each local facility for the detention of childrenand regional facility for the detention of children shall conduct the screeningrequired pursuant to NRS 62C.035 and 62E.513 using a method that has beenapproved by the Division of Child and Family Services. The Division shallapprove a method upon determining that the method is:

(a) Based on research; and

(b) Reliable and valid for identifying a child who isin need of mental health services or who is an abuser of alcohol or otherdrugs.

2. Each local facility for the detention of childrenand regional facility for the detention of children shall submit its method forconducting the screening required pursuant to NRS 62C.035 and 62E.513 to the Division of Child andFamily Services for approval on or before July 1 of each fifth year after thedate on which the method was initially approved by the Division. Before a localfacility for the detention of children or regional facility for the detentionof children may begin using a new method for conducting the screening requiredpursuant to NRS 62C.035 and 62E.513, the facility must obtainapproval of the method from the Division pursuant to subsection 1.

3. If the Division of Child and Family Services doesnot approve a method for conducting the screening required pursuant to NRS 62C.035 and 62E.513 that is submitted by a localfacility for the detention of children or a regional facility for the detentionof children, and the facility does not submit a new method for conducting thescreening for approval within 90 days after the denial, the Division of Childand Family Services shall notify the appropriate board of county commissionersor other governing body which administers the facility and the chief judge ofthe appropriate judicial district that the facility has not received approvalof 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 chiefjudge shall take appropriate action to ensure that the facility complies withthe requirements of this section and NRS62C.035 and 62E.513.

5. Each state facility for the detention of childrenshall use a method for conducting the screening required pursuant to NRS 62E.513 that satisfies the requirementsof paragraphs (a) and (b) of subsection 1. The Division of Child and FamilyServices shall review the method used by each state facility for the detentionof children at least once every 5 years to ensure the method used by thefacility continues to satisfy the requirements of paragraphs (a) and (b) ofsubsection 1.

6. The Division of Child and Family Services shalladopt such regulations as are necessary to carry out the provisions of thissection and NRS 62C.035 and 62E.513, including, without limitation,regulations prescribing the requirements for:

(a) Transmitting information obtained from the screeningconducted pursuant to NRS 62C.035 and 62E.513; and

(b) Protecting the confidentiality of informationobtained from such screening.

(Added to NRS by 2005, 1035)

NRS 62E.520 Commitmentof 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 tothe custody of the Division of Child and Family Services for suitable placementif:

(a) The child is at least 8 years of age but less than12 years of age, and the juvenile court finds that the child is in need ofplacement in a correctional or institutional facility; or

(b) The child is at least 12 years of age but less than18 years of age, and the juvenile court finds that the child:

(1) Is in need of placement in a correctional orinstitutional facility; and

(2) Is in need of residential psychiatricservices or other residential services for his mental health.

2. Before the juvenile court commits a delinquentchild to the custody of the Division of Child and Family Services, the juvenilecourt shall:

(a) Notify the Division at least 3 working days beforethe juvenile court holds a hearing to consider such a commitment; and

(b) At the request of the Division, provide theDivision with not more than 10 working days within which to:

(1) Investigate the child and his circumstances;and

(2) Recommend a suitable placement to thejuvenile court.

(Added to NRS by 2003, 1069)

NRS 62E.530 Commitmentof child to Division of Child and Family Services: Physical examinationrequired; report from physician.

1. Before the juvenile court commits a delinquentchild to the custody of the Division of Child and Family Services, the juvenilecourt shall order that a physician conduct a physical examination of the child,which includes a blood test, test for tuberculosis, urinalysis and anexamination for venereal disease.

2. Not later than 5 days after the date on which thephysical examination is conducted, the physician shall make a written report ofthe 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 acopy of the written report to the Administrator of the Division of Child andFamily Services; and

(b) The county auditor shall allow a claim for paymentto the physician for the physical examination.

(Added to NRS by 2003, 1069)

NRS 62E.540 Commitmentof child to Division of Child and Family Services: Payment of expenses byparent or guardian.

1. If the juvenile court commits a delinquent child tothe custody of the Division of Child and Family Services, the juvenile courtmay order the parent or guardian of the child to pay, in whole or in part, forthe support of the child.

2. If the juvenile court orders the parent or guardianof the child to pay for the support of the child:

(a) The payments must be paid to the Administrator ofthe Division of Child and Family Services; and

(b) The Administrator shall deposit the payments withthe 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 thepowers and duties of the Administrator and the Division of Child and FamilyServices.

(Added to NRS by 2003, 1070)

Restitution

NRS 62E.550 Powerof juvenile court to order restitution and to establish and administer programsof restitution.

1. Except as otherwise provided in NRS 62E.560, the juvenile court may ordera delinquent child or the parent or guardian of the child, or both:

(a) To provide restitution to the victim of anyunlawful act committed by the child; or

(b) To participate in a program designed to providerestitution to a victim of any unlawful act committed by the child.

2. The juvenile court may establish and administerprograms which are designed to provide restitution to victims of unlawful actscommitted by delinquent children.

(Added to NRS by 2003, 1071)

NRS 62E.560 Dutyof juvenile court to order restitution for certain unlawful acts;responsibilities of parent or guardian of child; community service in lieu ofrestitution.

1. If a delinquent child has committed an unlawful actthat causes physical injury to a victim of the act, the juvenile court shallorder the child to provide restitution to the victim for medical expensesincurred as a result of the act.

2. If a delinquent child has committed an unlawful actthat damaged or destroyed property owned or possessed by another person, thejuvenile court shall order the child to provide restitution to the person whoowns or possesses the property.

3. If the child is not able to provide restitutionpursuant to this section, the juvenile court shall order the parent or guardianof the child to provide restitution, unless the juvenile court determines thatextenuating circumstances exist.

4. If, because of financial hardship, a delinquentchild or the parent or guardian of the child, or both, are unable to providerestitution pursuant to this section, the juvenile court shall order the childor the parent or guardian of the child, or both, to perform community service.

(Added to NRS by 2003, 1072)

NRS 62E.570 Determinationof amount of restitution. If the juvenilecourt orders a delinquent child or the parent or guardian of the child, orboth, to pay restitution:

1. The juvenile court shall determine the amount ofrestitution the child or parent or guardian of the child, or both, must pay tothe victim; and

2. The juvenile court may order that the child orparent or guardian of the child, or both, pay restitution in an amount thatequals the full amount of the loss incurred by the victim, regardless of theamount of insurance coverage that exists for the loss.

(Added to NRS by 2003, 1072)

NRS 62E.580 Programof restitution through work: Establishment; requirements; powers of director ofjuvenile services.

1. A director of juvenile services may establish aprogram of restitution through work. A program of restitution through work must:

(a) Include, but is not limited to, instruction inskills for employment and work ethics; and

(b) Require a child who participates in the program to:

(1) With the assistance of the program and ifpracticable, seek and obtain a position of employment with a public or privateemployer; and

(2) Sign an authorization form that permitsmoney to be deducted from the wages of the child to pay restitution. Thedirector of juvenile services may prescribe the contents of the authorizationform and may determine the amount of money to be deducted from the wages of thechild to pay restitution, but the director shall not require that more than:

(I) Fifty percent of the wages of thechild be deducted to pay restitution if the child, with the approval of thedirector or probation officer, secures the employment without the assistance ofthe program; or

(II) Sixty percent of the wages of thechild be deducted to pay restitution if the child secures the employment withthe assistance of the program.

2. A program of restitution through work may include,but is not limited to, cooperative agreements with public or private employersto make available positions of employment for a child who participates in theprogram.

3. A director of juvenile services may terminateparticipation by a child in a program of restitution through work for anylawful reason or purpose.

4. A director of juvenile services may contract withpersons and public or private entities that are qualified to operate or toparticipate in a program of restitution through work.

5. A director of juvenile services may designate aperson 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 participatein a program of restitution through work or to hold a position of employment;or

(b) Establish a basis for any cause of action againstthe State of Nevada or its officers or employees for denial of the ability toparticipate in or for removal from a program of restitution through work or fordenial of or removal from a position of employment.

(Added to NRS by 2003, 1045; A 2003, 349)

NRS 62E.590 Programof restitution through work: Restitution through work fund.

1. To finance a program of restitution through work, adirector of juvenile services may establish, with the county treasurer ascustodian, a special fund to be known as the restitution through work fund.

2. A director of juvenile services may apply for andaccept grants, gifts, donations, bequests or devises which the director shalldeposit 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 applicablecharges, must be credited to the fund.

4. A director of juvenile services shall:

(a) Expend money from the fund only to finance aprogram 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 anyexpenditure from the fund before it is made.

(Added to NRS by 2003, 1045)

NRS 62E.600 Programof restitution through work: Conditions for participation; payment of costs.

1. The juvenile court may order a delinquent child toparticipate in a program of restitution through work that is establishedpursuant to NRS 62E.580 if the child:

(a) Is 14 years of age or older;

(b) Has never been adjudicated delinquent for anunlawful act that involved the use or threatened use of force or violenceagainst a victim and has never been found to have committed such an unlawfulact in any other jurisdiction, unless the juvenile court determines that thechild would benefit from the program;

(c) Is ordered to provide restitution to a victim; and

(d) Voluntarily agrees to participate in the program ofrestitution through work.

2. If the juvenile court orders a child to participatein a program of restitution through work, the juvenile court may order any orall 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 associatedwith the participation of the child in the program, including, but not limitedto, a reasonable sum of money to pay for the cost of policies of insuranceagainst liability for personal injury and damage to property or for industrialinsurance, or both, during those periods in which the child participates in theprogram or performs work, unless, in the case of industrial insurance, it isprovided by the employer for which the child performs the work; or

(b) The child to work on projects or perform communityservice for a period that reflects the costs associated with the participationof the child in the program.

(Added to NRS by 2003, 1072; A 2003, 349)

NRS 62E.610 Victimawarded restitution may bring civil action in district court to recoverdamages. If the juvenile court orders adelinquent child or the parent or guardian of the child, or both, to payrestitution to a victim of any unlawful act committed by the child, the victimis not prohibited from bringing a civil action to recover damages incurred as aresult of the unlawful act.

(Added to NRS by 2003, 1073)

Specific Acts Committed by Child

NRS 62E.620 Evaluationof 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 drivers recordof child.

1. The juvenile court shall order a delinquent childto undergo an evaluation to determine whether the child is an abuser of alcoholor other drugs if the child committed:

(a) An unlawful act in violation of NRS 484.379, 484.3795 or 484.37955;

(b) The unlawful act of using, possessing, selling ordistributing a controlled substance; or

(c) The unlawful act of purchasing, consuming orpossessing an alcoholic beverage in violation of NRS 202.020.

2. Except as otherwise provided in subsection 3, anevaluation of the child must be conducted by:

(a) An alcohol and drug abuse counselor who is licensedor certified or an alcohol and drug abuse counselor intern who is certifiedpursuant to chapter 641C of NRS to make thatclassification; or

(b) A physician who is certified to make thatclassification by the Board of Medical Examiners.

3. If the child resides in this State but the nearestlocation at which an evaluation may be conducted is in another state, the courtmay allow the evaluation to be conducted in the other state if the personconducting the evaluation:

(a) Possesses qualifications that are substantiallysimilar to the qualifications described in subsection 2;

(b) Holds an appropriate license, certificate orcredential issued by a regulatory agency in the other state; and

(c) Is in good standing with the regulatory agency inthe other state.

4. The evaluation of the child may be conducted at anevaluation center.

5. The person who conducts the evaluation of the childshall report to the juvenile court the results of the evaluation and make arecommendation to the juvenile court concerning the length and type oftreatment required for the child.

6. The juvenile court shall:

(a) Order the child to undergo a program of treatmentas recommended by the person who conducts the evaluation of the child.

(b) Require the treatment facility to submit monthlyreports on the treatment of the child pursuant to this section.

(c) Order the child or the parent or guardian of thechild, or both, to the extent of their financial ability, to pay any chargesrelating 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 thefinancial resources to pay all those charges:

(1) The juvenile court shall, to the extentpossible, arrange for the child to receive treatment from a treatment facilitywhich receives a sufficient amount of federal or state money to offset theremainder of the costs; and

(2) The juvenile court may order the child, inlieu of paying the charges relating to his evaluation and treatment, to performcommunity service.

7. After a treatment facility has certified a childssuccessful completion of a program of treatment ordered pursuant to thissection, the treatment facility is not liable for any damages to person orproperty caused by a child who:

(a) Drives, operates or is in actual physical controlof a vehicle or a vessel under power or sail while under the influence ofintoxicating liquor or a controlled substance; or

(b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdictionthat prohibits the same or similar conduct.

8. The provisions of this section do not prohibit thejuvenile court from:

(a) Requiring an evaluation to be conducted by a personwho is employed by a private company if the company meets the standards of theHealth Division of the Department of Health and Human Services. The evaluationmay be conducted at an evaluation center.

(b) Ordering the child to attend a program of treatmentwhich is administered by a private company.

9. All information relating to the evaluation ortreatment of a child pursuant to this section is confidential and, except asotherwise 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 thatinformation is necessary to effectuate the evaluation or treatment of thechild.

10. A record of any finding that a child has violatedthe provisions of NRS 484.379, 484.3795 or 484.37955 must be included in thedrivers record of that child for 7 years after the date of the offense.

(Added to NRS by 2003, 1073; A 2005, 31, 162)

NRS 62E.630 Certainacts involving alcohol or controlled substance: Suspension of or delay inissuance of drivers license.

1. Except as otherwise provided in this section, if achild is adjudicated delinquent for the unlawful act of using, possessing,selling or distributing a controlled substance, or purchasing, consuming orpossessing an alcoholic beverage in violation of NRS 202.020, the juvenile court shall:

(a) If the child possesses a drivers license, issue anorder suspending the drivers license of the child for at least 90 days but notmore than 2 years; or

(b) If the child does not possess a drivers licenseand the child is or will be eligible to receive a drivers license within the 2years immediately following the date of the order, issue an order prohibitingthe child from receiving a drivers license for a period specified by thejuvenile 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 drivers license; or

(2) After the date the child will be eligible toreceive a drivers license, if the child is not eligible to receive a licenseon the date of the order.

2. If the child is already the subject of a courtorder suspending or delaying the issuance of his drivers license, the juvenilecourt shall order the additional suspension or delay, as appropriate, to applyconsecutively with the previous order.

(Added to NRS by 2003, 1074)

NRS 62E.640 Drivingunder influence: Revocation of drivers license.

1. If a child is adjudicated delinquent for anunlawful act in violation of NRS 484.379,484.3795 or 484.37955, the juvenile court shall, ifthe child possesses a drivers license:

(a) Issue an order revoking the drivers license of thechild for 90 days and requiring the child to surrender his drivers license tothe 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 thedrivers license of the child.

2. The Department of Motor Vehicles shall order thechild to submit to the tests and other requirements which are adopted byregulation pursuant to subsection 1 of NRS483.495 as a condition of reinstatement of the drivers license of thechild.

3. If the child is adjudicated delinquent for asubsequent unlawful act in violation of NRS484.379, 484.3795 or 484.37955, the juvenile court shall orderan additional period of revocation to apply consecutively with the previous order.

4. The juvenile court may authorize the Department ofMotor Vehicles to issue a restricted drivers license pursuant to NRS 483.490 to a child whose drivers licenseis revoked pursuant to this section.

(Added to NRS by 2003, 1075; A 2005, 163)

NRS 62E.650 Certainacts involving firearm: Community service; suspension or delay in issuance ofdrivers license.

1. If a child is adjudicated delinquent because thechild handled or possessed a firearm or had a firearm under his control inviolation of NRS 202.300, the juvenilecourt shall:

(a) For the first offense:

(1) Order the child to perform 200 hours ofcommunity service; and

(2) Issue an order suspending the driverslicense of the child for not more than 1 year or, if the child does not possessa drivers license, prohibit the child from receiving a drivers license fornot more than 1 year:

(I) Immediately following the date of theorder, if the child is eligible to receive a drivers license.

(II) After the date the child becomeseligible to receive a drivers license, if the child is not eligible to receivea license on the date of the order.

(b) For the second offense:

(1) Order the child to perform at least 200hours but not more than 600 hours of community service; and

(2) Issue an order suspending the driverslicense of the child for at least 90 days but not more than 2 years or, if thechild does not possess a drivers license, prohibit the child from receiving adrivers license for at least 90 days but not more than 2 years:

(I) Immediately following the date of theorder, if the child is eligible to receive a drivers license.

(II) After the date the child becomeseligible to receive a drivers license, if the child is not eligible to receivea license on the date of the order.

2. If the child is already the subject of a courtorder suspending or delaying the issuance of his drivers license, the juvenilecourt shall order an additional suspension or delay, as appropriate, to applyconsecutively with the previous order.

(Added to NRS by 2003, 1075)

NRS 62E.660 Certainacts involving firearm: Revocation of and prohibition from receiving license tohunt. If a child is adjudicated delinquentbecause the child handled or possessed a firearm or had a firearm under hiscontrol in violation of NRS 202.300, thejuvenile court shall:

1. Order that any license to hunt issued to the childpursuant to chapter 502 of NRS must be revokedby the Department of Wildlife;

2. Order that the child must not receive a license tohunt within the 2 years immediately following the date of the order or untilthe child is 18 years of age, whichever is later;

3. Order the child to surrender to the juvenile courtany 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 thechild and a copy of the order.

(Added to NRS by 2003, 1076; A 2003, 1558)

NRS 62E.670 Actinvolving use of firearm or use or threatened use of force or violence: Effecton disposition.

1. In determining the appropriate disposition of acase of a delinquent child, the juvenile court shall consider whether theunlawful act committed by the child involved the use of a firearm or the use orthreatened use of force or violence against the victim of the act.

2. If the juvenile court finds that the act committedby the child involved the use of a firearm or the use or threatened use offorce or violence against the victim, the juvenile court shall include thefinding in its order and may:

(a) Commit the child for confinement in a securefacility for the detention of children, including a facility which is securedby its staff.

(b) Impose any other punitive measures that thejuvenile court determines to be in the best interests of the public or thechild.

(Added to NRS by 2003, 1076)

NRS 62E.680 Actinvolving cruelty to or torture of animal: Participation in counseling or otherpsychological treatment; payment of costs.

1. If a child is adjudicated delinquent for an unlawfulact that involves cruelty to or torture of an animal, the juvenile court shallorder the child to participate in counseling or other psychological treatment.

2. The juvenile court shall order the child or theparent or guardian of the child, or both, to the extent of their financialability, to pay the cost of the child to participate in the counseling or otherpsychological treatment.

3. As used in this section:

(a) Animal does not include the human race, butincludes every other living creature.

(b) Torture or cruelty includes every act, omissionor neglect, whereby unjustifiable physical pain, suffering or death is causedor permitted.

(Added to NRS by 2003, 1076)

NRS 62E.690 Placinggraffiti on or defacing property: Suspension or delay in issuance of driverslicense.

1. Except as otherwise provided in this section, if achild is adjudicated delinquent for the unlawful act of placing graffiti on orotherwise defacing public or private property owned or possessed by anotherperson in violation of NRS 206.125 or 206.330, the juvenile court may:

(a) If the child possesses a drivers license, issue anorder suspending the drivers license of the child for at least 90 days but notmore than 2 years; or

(b) If the child does not possess a drivers licenseand the child is or will be eligible to receive a drivers license within the 2years immediately following the date of the order, issue an order prohibitingthe child from receiving a drivers license for a period specified by thejuvenile 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 drivers license; or

(2) After the date the child will be eligible toreceive a drivers license, if the child is not eligible to receive a licenseon the date of the order.

2. If the child is already the subject of a courtorder suspending or delaying the issuance of his drivers license, the juvenilecourt shall order the additional suspension or delay, as appropriate, to applyconsecutively with the previous order.

(Added to NRS by 2003, 1076)

NRS 62E.700 Minortraffic offenses.

1. If a child is found to have committed a minortraffic offense, the juvenile court may do any or all of the following:

(a) Order the child to pay a fine. If the juvenilecourt orders the child to pay a fine, the juvenile court shall order the childto pay an administrative assessment pursuant to NRS 62E.270, unless the offense involveda violation of a law or ordinance governing metered parking. If, because offinancial hardship, the child is unable to pay the fine, the juvenile court mayorder the child to perform community service.

(b) Recommend to the Department of Motor Vehicles thesuspension of the drivers license of the child.

(c) Order the child to attend and complete a trafficsurvival course.

(d) Order the child or the parent or guardian of thechild, or both, to pay the reasonable cost for the child to attend the trafficsurvival course.

(e) Order the child placed on probation and impose suchconditions as the juvenile court deems proper.

2. The juvenile court shall forward to the Departmentof Motor Vehicles, in the form required by NRS483.450, a record of the minor traffic offense, unless the offense involveda 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 thejuvenile court has transferred the case and record to the Justice Court ormunicipal court pursuant to NRS 62B.380.

(Added to NRS by 2003, 1070)

NRS 62E.710 Violationof probation: 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 beenadjudicated delinquent and placed on probation by the juvenile court to beplaced in a facility for the detention of children for not more than 30 daysfor the violation of probation.

2. At least 18 years of age but less than 21 years ofage and who has been placed on probation by the juvenile court to be placed ina county jail for the violation of probation.

(Added to NRS by 2003, 1071)

Miscellaneous Provisions

NRS 62E.720 Programof visitation to office of county coroner: Establishment; requirements; paymentof costs; report to Legislature.

1. The juvenile court may order a delinquent child toparticipate in a program of visitation to the office of the county coroner thatis established pursuant to this section.

2. In determining whether to order the child toparticipate in such a program, the juvenile court shall consider whether theunlawful act committed by the child involved the use or threatened use of forceor violence against himself or others or demonstrated a disregard for thesafety or well-being of himself or others.

3. The juvenile court may establish a program ofvisitation to the office of the county coroner in cooperation with the coronerof the county pursuant to this section.

4. Before a delinquent child may participate in aprogram of visitation, the parent or guardian of the child must provide to thejuvenile court on a form provided by the juvenile court:

(a) Written consent for the child to participate in theprogram of visitation; and

(b) An executed release of liability for any act oromission, not amounting to gross negligence or willful misconduct of thejuvenile court, the county coroner, or any other person administering orconducting a program of visitation, that causes personal injury or illness ofthe child during the period in which the child participates in the program ofvisitation.

5. A program of visitation must include, but is notlimited to:

(a) A visit to the office of the county coroner attimes and under circumstances determined by the county coroner.

(b) A course to instruct the child concerning:

(1) The consequences of his actions; and

(2) An awareness of his own mortality.

(c) An opportunity for each participant in a program ofvisitation to evaluate each component of the program.

6. The juvenile court may order the child, or theparent or guardian of the child, or both, to pay a fee of not more than $45based on the ability of the child or the parent or guardian of the child, orboth, to pay for the costs associated with the participation of the child inthe program of visitation.

7. If the juvenile court establishes a program ofvisitation pursuant to this section, the juvenile court shall, on or beforeJanuary 15 of each odd-numbered year, submit to the Director of the LegislativeCounsel Bureau for transmittal to the Legislature a report regarding the effectof the program on the incidence of juvenile crime and the rate of recidivism.

(Added to NRS by 2003, 1071; A 2005, 1065)

NRS 62E.730 Finesand penalties.

1. The juvenile court may order a delinquent child topay a fine.

2. If the juvenile court orders a delinquent child topay a fine, the juvenile court shall order the child to pay an administrativeassessment 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 anyfines and penalties that the juvenile court imposes for the unlawful actcommitted by the child.

4. If, because of financial hardship, the parent orguardian is unable to pay any fines and penalties that the juvenile courtimposes for the unlawful act committed by the child, the juvenile court mayorder the parent or guardian to perform community service.

(Added to NRS by 2003, 1070)

 

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