[Rev. 11/21/2013 9:14:56 AM--2013]

TITLE 5 - JUVENILE JUSTICE

CHAPTER 62A - GENERAL PROVISIONS

NRS 62A.010          Definitions.

NRS 62A.020          “Central Repository” defined.

NRS 62A.030          “Child” defined.

NRS 62A.040          “Child in need of supervision” defined.

NRS 62A.060          “Community service” defined.

NRS 62A.070          “Delinquent child” defined.

NRS 62A.080          “Director of juvenile services” defined.

NRS 62A.090          “Division of Child and Family Services” defined.

NRS 62A.100          “Division of Parole and Probation” defined.

NRS 62A.110          “Evaluation center” defined.

NRS 62A.120          “Family division” defined.

NRS 62A.130          “Firearm” defined.

NRS 62A.140          “Guardian” defined.

NRS 62A.150          “Highway” defined.

NRS 62A.160          “Indian child” defined.

NRS 62A.170          “Indian Child Welfare Act” defined.

NRS 62A.180          “Juvenile court” defined.

NRS 62A.190          “Local facility for the detention of children” defined.

NRS 62A.200          “Local law enforcement agency” defined.

NRS 62A.210          “Master of the juvenile court” defined.

NRS 62A.220          “Minor traffic offense” defined.

NRS 62A.225          “Offense related to tobacco” defined.

NRS 62A.230          “Parent” defined.

NRS 62A.240          “Private school” defined.

NRS 62A.250          “Property” defined.

NRS 62A.260          “Public school” defined.

NRS 62A.270          “Qualified professional” defined.

NRS 62A.280          “Regional facility for the detention of children” defined.

NRS 62A.290          “Restitution” defined.

NRS 62A.300          “School bus” defined.

NRS 62A.310          “Seal” defined.

NRS 62A.320          “Sexually motivated act” defined.

NRS 62A.330          “State facility for the detention of children” defined.

NRS 62A.340          “Treatment facility” defined.

NRS 62A.350          “Youth Parole Bureau” defined.

NRS 62A.360          Legislative declaration.

NRS 62A.370          Duty of public officers and agencies to further objects of title.

NRS 62A.380          Use of services and facilities of agencies which provide child welfare services; duties of such agencies.

_________

 

      NRS 62A.010  Definitions.  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 62A.020 to 62A.350, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2003, 1023; A 2013, 1526)

      NRS 62A.020  “Central Repository” defined.  “Central Repository” means the Central Repository for Nevada Records of Criminal History.

      (Added to NRS by 2003, 1023)

      NRS 62A.030  “Child” defined.

      1.  “Child” means:

      (a) A person who is less than 18 years of age;

      (b) A person who is less than 21 years of age and subject to the jurisdiction of the juvenile court for an unlawful act that was committed before the person reached 18 years of age; or

      (c) A person who is otherwise subject to the jurisdiction of the juvenile court as a juvenile sex offender pursuant to the provisions of NRS 62F.200, 62F.220 and 62F.260.

      2.  The term does not include:

      (a) A person who is excluded from the jurisdiction of the juvenile court pursuant to NRS 62B.330;

      (b) A person who is transferred to the district court for criminal proceedings as an adult pursuant to NRS 62B.335; or

      (c) A person who is certified for criminal proceedings as an adult pursuant to NRS 62B.390 or 62B.400.

      (Added to NRS by 2003, 1023; A 2007, 2773; 2009, 49)

      NRS 62A.040  “Child in need of supervision” defined.  “Child in need of supervision” means a child who is adjudicated to be in need of supervision pursuant to the provisions of this title.

      (Added to NRS by 2003, 1023)

      NRS 62A.060  “Community service” defined.

      1.  “Community service” means community service performed in accordance with NRS 62E.190.

      2.  The term includes, but is not limited to, public service, work on public projects, supervised work for the benefit of the community or any other work required by the juvenile court.

      (Added to NRS by 2003, 1023)

      NRS 62A.070  “Delinquent child” defined.  “Delinquent child” means a child who is adjudicated delinquent pursuant to the provisions of this title.

      (Added to NRS by 2003, 1023)

      NRS 62A.080  “Director of juvenile services” defined.  “Director of juvenile services” means:

      1.  In a judicial district that does not include a county whose population is 100,000 or more, the chief probation officer who is appointed pursuant to NRS 62G.050;

      2.  In a judicial district that includes a county whose population is 100,000 or more but less than 700,000, the director of juvenile services who is appointed pursuant to NRS 62G.130; or

      3.  In a judicial district that includes a county whose population is 700,000 or more, the director of the department of juvenile justice services who is appointed pursuant to NRS 62G.330 or who is appointed pursuant to NRS 62G.200 to 62G.240, inclusive.

      (Added to NRS by 2003, 1023; A 2011, 1138)

      NRS 62A.090  “Division of Child and Family Services” defined.  “Division of Child and Family Services” means the Division of Child and Family Services of the Department of Health and Human Services.

      (Added to NRS by 2003, 1024)

      NRS 62A.100  “Division of Parole and Probation” defined.  “Division of Parole and Probation” means the Division of Parole and Probation of the Department of Public Safety.

      (Added to NRS by 2003, 1024)

      NRS 62A.110  “Evaluation center” defined.  “Evaluation center” means a facility which is approved by the Division of Public and Behavioral Health of the Department of Health and Human Services to provide an evaluation of an offender to a court to determine if the offender is an abuser of alcohol or another drug. The term includes a facility operated by a court or other governmental agency.

      (Added to NRS by 2003, 1024)

      NRS 62A.120  “Family division” defined.  “Family division” means the family division of the district court.

      (Added to NRS by 2003, 1024)

      NRS 62A.130  “Firearm” defined.  “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

      (Added to NRS by 2003, 1024)

      NRS 62A.140  “Guardian” defined.  “Guardian” means a person, other than a parent or a state or local agency, who is legally responsible for the care, custody or support of a child.

      (Added to NRS by 2003, 1024)

      NRS 62A.150  “Highway” defined.  “Highway” means a street, road, alley or thoroughfare of any kind used by the public.

      (Added to NRS by 2003, 1024)

      NRS 62A.160  “Indian child” defined.  “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

      (Added to NRS by 2003, 1024)

      NRS 62A.170  “Indian Child Welfare Act” defined.  “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq.

      (Added to NRS by 2003, 1024)

      NRS 62A.180  “Juvenile court” defined.

      1.  “Juvenile court” means each district judge who is assigned to serve as a judge of the juvenile court pursuant to NRS 62B.010 or court rule.

      2.  The term includes a master who is performing an act on behalf of the juvenile court if:

      (a) The juvenile court delegates authority to the master to perform the act in accordance with the Constitution of the State of Nevada; and

      (b) The master performs the act within the limits of the authority delegated to the master.

      (Added to NRS by 2003, 1024)

      NRS 62A.190  “Local facility for the detention of children” defined.  “Local facility for the detention of children” means a local facility for the detention or commitment of children which is administered by a county.

      (Added to NRS by 2003, 1024)

      NRS 62A.200  “Local law enforcement agency” defined.  “Local law enforcement agency” means:

      1.  The sheriff’s office of a county;

      2.  A metropolitan police department; or

      3.  A police department of an incorporated city.

      (Added to NRS by 2003, 1024)

      NRS 62A.210  “Master of the juvenile court” defined.  “Master of the juvenile court” means a person who is appointed to act as a master of the juvenile court pursuant to NRS 62B.020.

      (Added to NRS by 2003, 1024)

      NRS 62A.220  “Minor traffic offense” defined.  “Minor traffic offense” means a violation of any state or local law or ordinance governing the operation of a motor vehicle upon any highway within this State other than:

      1.  A violation of chapters 484A to 484E, inclusive, or 706 of NRS that causes the death of a person;

      2.  A violation of NRS 484C.110 or 484C.120; or

      3.  A violation declared to be a felony.

      (Added to NRS by 2003, 1024; A 2009, 1877)

      NRS 62A.225  “Offense related to tobacco” defined.  “Offense related to tobacco” means a violation of an ordinance adopted by a board of county commissioners pursuant to NRS 244.3572.

      (Added to NRS by 2013, 1526)

      NRS 62A.230  “Parent” defined.  “Parent” means a natural parent, adoptive parent or stepparent.

      (Added to NRS by 2003, 1025)

      NRS 62A.240  “Private school” defined.  “Private school” includes private elementary and secondary educational institutions. The term does not include a home in which instruction is provided to a child who is excused from compulsory attendance pursuant to subsection 1 of NRS 392.070 or a school or educational program that is conducted exclusively for children who have been adjudicated delinquent.

      (Added to NRS by 2003, 1025)

      NRS 62A.250  “Property” defined.  “Property” includes real or personal property.

      (Added to NRS by 2003, 1025)

      NRS 62A.260  “Public school” defined.  “Public school” includes all kindergartens and elementary schools, junior high schools and middle schools, high schools, charter schools and any other schools, classes and educational programs which receive their support through public taxation and, except for charter schools, whose textbooks and courses of study are under the control of the State Board of Education. The term does not include a school or educational program that is conducted exclusively for children who have been adjudicated delinquent.

      (Added to NRS by 2003, 1025)

      NRS 62A.270  “Qualified professional” defined.  “Qualified professional” means:

      1.  A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc.;

      2.  A psychologist licensed to practice in this State;

      3.  A social worker holding a master’s degree in social work and licensed in this State as a clinical social worker;

      4.  A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this State;

      5.  A marriage and family therapist licensed in this State pursuant to chapter 641A of NRS; or

      6.  A clinical professional counselor licensed in this State pursuant to chapter 641A of NRS.

      (Added to NRS by 2003, 1025; A 2007, 3075)

      NRS 62A.280  “Regional facility for the detention of children” defined.

      1.  “Regional facility for the detention of children” means a regional facility for the detention or commitment of children which is administered by or for the benefit of more than one governmental entity.

      2.  The term includes, but is not limited to:

      (a) The institution in Clark County known as Spring Mountain Youth Camp;

      (b) The institution in Douglas County known as China Spring Youth Camp; and

      (c) The institution in Lyon County known as Western Nevada Regional Youth Facility.

      3.  The term does not include:

      (a) Any local facility for the detention of children; or

      (b) The Nevada Youth Training Center, the Caliente Youth Center or any state facility for the detention of children.

      (Added to NRS by 2003, 1025)

      NRS 62A.290  “Restitution” defined.  “Restitution” means restitution ordered by the juvenile court pursuant to NRS 62E.550 to 62E.610, inclusive.

      (Added to NRS by 2003, 1025)

      NRS 62A.300  “School bus” defined.  “School bus” includes every motor vehicle owned by or under the control of a public or governmental agency or a private school and regularly operated for the transportation of children to or from school or a school activity or privately owned and regularly operated for compensation for the transportation of children to or from school or a school activity. The term does not include a passenger car operated under a contract to transport children to and from school, a common carrier or commercial vehicle under the jurisdiction of the Surface Transportation Board or the Nevada Transportation Authority when such a vehicle is operated in the regular conduct of its business in interstate or intrastate commerce within the State of Nevada.

      (Added to NRS by 2003, 1025)

      NRS 62A.310  “Seal” defined.  “Seal” means to place the records in a separate file or other repository not accessible to the public.

      (Added to NRS by 2003, 1026)

      NRS 62A.320  “Sexually motivated act” defined.  “Sexually motivated act” means an unlawful act that is determined to be sexually motivated pursuant to NRS 62F.010.

      (Added to NRS by 2003, 1026)

      NRS 62A.330  “State facility for the detention of children” defined.

      1.  “State facility for the detention of children” means a state facility for the detention or commitment of children which is administered by the State of Nevada.

      2.  The term includes, but is not limited to, the Nevada Youth Training Center and the Caliente Youth Center.

      (Added to NRS by 2003, 1026)

      NRS 62A.340  “Treatment facility” defined.  “Treatment facility” means a facility for the treatment of abuse of alcohol or drugs that is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

      (Added to NRS by 2003, 1026)

      NRS 62A.350  “Youth Parole Bureau” defined.  “Youth Parole Bureau” means the Youth Parole Bureau of the Division of Child and Family Services.

      (Added to NRS by 2003, 1026)

      NRS 62A.360  Legislative declaration.  The Legislature hereby declares that:

      1.  This title must be liberally construed to the end that:

      (a) Each child who is subject to the jurisdiction of the juvenile court must receive such care, guidance and control, preferably in the child’s own home, as will be conducive to the child’s welfare and the best interests of this State; and

      (b) When a child is removed from the control of the parent or guardian of the child, the juvenile court shall secure for the child a level of care which is equivalent as nearly as possible to the care that should have been given to the child by the parent or guardian.

      2.  One of the purposes of this title is to promote the establishment, supervision and implementation of preventive programs that are designed to prevent a child from becoming subject to the jurisdiction of the juvenile court.

      (Added to NRS by 2003, 1026)

      NRS 62A.370  Duty of public officers and agencies to further objects of title.  Each public officer and agency shall, to the extent of the jurisdictional power of the public officer or agency, render all assistance and cooperation that may further the objects of this title.

      (Added to NRS by 2003, 1026)

      NRS 62A.380  Use of services and facilities of agencies which provide child welfare services; duties of such agencies.

      1.  In carrying out the objects and purposes of this title, the juvenile court may use the services and facilities of the agency which provides child welfare services.

      2.  The agency which provides child welfare services shall determine the plans, placements and services to be provided to any child pursuant to the provisions of this title, chapter 432 of NRS, NRS 432B.010 to 432B.400, inclusive, and 432B.4681 to 432B.469, inclusive.

      3.  As used in this section, “agency which provides child welfare services” means:

      (a) In a county whose population is less than 100,000, the local office of the Division of Child and Family Services; or

      (b) In a county whose population is 100,000 or more, the agency of the county,

Ê which provides or arranges for necessary child welfare services.

      (Added to NRS by 2003, 1026; A 2011, 2677)