[Rev. 11/21/2013 9:16:46 AM--2013]

CHAPTER 63 - STATE FACILITIES FOR DETENTION OF CHILDREN

GENERAL PROVISIONS

NRS 63.010             Definitions.

NRS 63.020             “Commissary fund” defined.

NRS 63.030             “Facility” defined.

NRS 63.040             “Gift account” defined.

NRS 63.050             “Qualified financial institution” defined.

SUPERINTENDENT AND EMPLOYEES

NRS 63.100             Superintendent: Position established; duty to administer provisions governing facilities.

NRS 63.110             Superintendent: Qualifications.

NRS 63.120             Superintendent: Restrictions on other employment; designation as executive and administrative head of facility.

NRS 63.130             Superintendent: Housing and other perquisites.

NRS 63.140             Superintendent: General duties.

NRS 63.150             Power of superintendent to contract with university or organization for research or training.

NRS 63.160             Appointment of staff of facility; contracts for athletic coaches; designation of deputies; duties of deputies.

NRS 63.170             Housing and other perquisites for employees; report to Legislature.

NRS 63.180             Assignment of child to program of education, employment, training, treatment, care and custody by designated staff; review of assignment; denial of request for change in assignment.

NRS 63.183             Development and implementation of plan for care of children during disaster.

NRS 63.185             Restriction on use of restraints on child who is in labor, delivering her baby or recuperating from delivery.

NRS 63.187             Adoption of certain policies relating to medical care and medications for children; employees to receive copy of policy.

NRS 63.190             Training required for certain employees; regulations.

EDUCATION AND EMPLOYMENT OF CHILDREN

NRS 63.200             Duty of superintendent to carry out provisions of title 34 of NRS governing education.

NRS 63.210             Establishment of department of instruction; programs of study; enrollment of children in public schools.

NRS 63.220             Employment of children; compensation.

NRS 63.230             Purpose of education and employment.

NRS 63.240             Program to educate children regarding alcohol and drug abuse.

FINANCES

NRS 63.300             Payment of claims; issuance of checks.

NRS 63.310             Application for and receipt of federal money.

NRS 63.320             Gift account.

NRS 63.330             Farm account.

NRS 63.340             Trust fund for money and valuables accepted from child; disposition of money and valuables upon discharge.

NRS 63.350             Commissary for children in facility.

NRS 63.360             Commissary fund.

COMMITMENT TO FACILITY

NRS 63.400             Acceptance of child at facility; time of delivery; juvenile court to send summary of child’s history.

NRS 63.410             Commitment of female child to facility outside State or to private institution in State.

NRS 63.420             Physical examination of child before commitment; report; payment of costs.

NRS 63.430             Parent or guardian may be ordered to pay for support of child.

NRS 63.440             Placement of delinquent child by Division of Child and Family Services; requirements for changing placement of child.

NRS 63.450             When alternative to commitment or placement must be recommended to juvenile court.

NRS 63.460             Forestry camps: Establishment; employment of children; power of superintendent to contract with other governmental officials and agencies.

NRS 63.470             Temporary furlough.

NRS 63.480             Power of juvenile court to change, modify or set aside order of commitment; notice.

NRS 63.490             Transfer.

NRS 63.500             Child to be dealt with by or in presence of attendant of same gender.

NRS 63.505             Conditions and limitations on use of corrective room restriction by facility; reporting requirement.

NRS 63.510             Officers and employees of facility prohibited from serving as guardian of child or estate of child; exceptions.

NRS 63.520             Medical, surgical and dental services for child.

ESCAPE FROM FACILITY

NRS 63.600             Written order of superintendent constitutes warrant for arrest; execution of order.

NRS 63.610             Penalties for permitting or aiding escape or concealing escaped child.

NRS 63.620             Required notice upon escape and apprehension of child.

RELEASE FROM FACILITY

Parole

NRS 63.700             Power of Chief of Youth Parole Bureau to appoint employees and to contract with university or organization for research or training.

NRS 63.710             Duties of Chief of Youth Parole Bureau.

NRS 63.715             Responsibilities of county that carries out provisions relating to parole; appointment of person to act in place of Chief of Youth Parole Bureau.

NRS 63.720             Granting of parole; setting date of release; supervision by Chief of Youth Parole Bureau upon release.

NRS 63.730             Placement of parolee in home and educational or work program; payment of expenses for alternative placements.

NRS 63.740             Account for money and valuables accepted from parolee; disposition of money and valuables upon discharge.

NRS 63.750             Dismissal of proceedings and accusations.

NRS 63.760             Alleged violator of parole: Written order of Chief of Youth Parole Bureau constitutes warrant for arrest; execution of order.

NRS 63.770             Suspension, modification or revocation.

NRS 63.780             Recommendation for revocation by Chief of Youth Parole Bureau.

 

Discharge

NRS 63.790             Age upon which child may or must be discharged.

_________

 

GENERAL PROVISIONS

      NRS 63.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 63.020 to 63.050, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2003, 1095)

      NRS 63.020  “Commissary fund” defined.

      1.  “Commissary fund” means a commissary fund created pursuant to NRS 63.360.

      2.  The term includes a commissary fund established for the Nevada Youth Training Center and for the Caliente Youth Center.

      (Added to NRS by 2003, 1095)

      NRS 63.030  “Facility” defined.

      1.  “Facility” 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, 1095)

      NRS 63.040  “Gift account” defined.

      1.  “Gift account” means a gift account established for a facility in the Gift Fund of the Department of Health and Human Services.

      2.  The term includes the gift accounts established for the Nevada Youth Training Center and for the Caliente Youth Center.

      (Added to NRS by 2003, 1095)

      NRS 63.050  “Qualified financial institution” defined.  “Qualified financial institution” means a bank, credit union or savings and loan association that is federally insured or insured by a private insurer approved pursuant to NRS 678.755 or is otherwise qualified to receive deposits of public money.

      (Added to NRS by 2003, 1095)

SUPERINTENDENT AND EMPLOYEES

      NRS 63.100  Superintendent: Position established; duty to administer provisions governing facilities.

      1.  For each facility, the position of superintendent of the facility is hereby created.

      2.  The superintendent of a facility shall administer the provisions of NRS 63.010 to 63.620, inclusive, 63.720, 63.770 and 63.790 subject to administrative supervision by the Administrator of the Division of Child and Family Services.

      (Added to NRS by 2003, 1095)

      NRS 63.110  Superintendent: Qualifications.

      1.  To be appointed as the superintendent of a facility, a person must have:

      (a) Administrative experience in correctional programs for children that embody rehabilitative or delinquency prevention concepts;

      (b) At least 2 years of administrative experience in an institution dealing primarily with children on a 24-hour basis; and

      (c) Graduated from an accredited 4-year college or university or have an equivalent combination of experience and training, substituting 2 years of experience for 1 year of training.

      2.  The Administrator of the Division of Child and Family Services shall request that the Division of Human Resource Management of the Department of Administration use extensive recruitment and merit selection techniques and procedures to provide a list of persons who are qualified for appointment as the superintendent of a facility.

      (Added to NRS by 2003, 1096)

      NRS 63.120  Superintendent: Restrictions on other employment; designation as executive and administrative head of facility.

      1.  Except as otherwise provided in NRS 284.143, the superintendent of a facility shall devote his or her entire time to the duties of that position and follow no other gainful employment or occupation.

      2.  The superintendent of a facility is the executive and administrative head of the facility, subject to administrative supervision by the Administrator of the Division of Child and Family Services.

      (Added to NRS by 2003, 1096)

      NRS 63.130  Superintendent: Housing and other perquisites.

      1.  If a residence is available on the grounds of or near a facility, the superintendent of the facility shall reside at the residence, as provided for in this section.

      2.  In addition to the superintendent’s salary, the superintendent of a facility is entitled to:

      (a) The use of a residence on the grounds of or near the facility, if such a residence is available, which must be maintained by the State of Nevada.

      (b) Heat, electricity and water for the residence.

      (c) The use of any appliances and furnishings for the residence which are reasonably necessary, as determined by the Administrator of the Division of Child and Family Services.

      (d) Meals at the facility without charge when supervising personnel or children.

      3.  The superintendent of a facility shall not receive any perquisites except those provided for in this section.

      (Added to NRS by 2003, 1096)

      NRS 63.140  Superintendent: General duties.  The superintendent of a facility shall:

      1.  Exercise general supervision of the facility.

      2.  Make and revise rules and regulations for the government of the facility, for the preservation of order and for the enforcement of discipline.

      3.  Invoke any legal, equitable or special procedures for the enforcement of the orders of the superintendent or the provisions of this chapter.

      4.  Assume responsibility for and supervise the fiscal affairs of the facility.

      5.  Record and file all bonds and contracts.

      6.  Purchase supplies and equipment for the facility as the superintendent deems necessary.

      7.  Keep a complete and accurate record of all proceedings.

      8.  Assume responsibility for the custody and preservation of all papers and documents pertaining to the office of the superintendent.

      9.  Submit certain reports and information to the Administrator of the Division of Child and Family Services, including, but not limited to:

      (a) Quarterly reports;

      (b) Biennial reports before September 1 of each even-numbered year covering the biennium ending June 30 of that year, regarding the condition, operation, functioning and anticipated needs of the facility; and

      (c) Material on which to base proposed legislation.

      10.  Keep the public informed by disseminating information regarding the activities and operation of the facility and correctional problems involving children.

      (Added to NRS by 2003, 1096)

      NRS 63.150  Power of superintendent to contract with university or organization for research or training.  The superintendent of a facility may enter into contracts with colleges, universities and other organizations for the purposes of:

      1.  Conducting research in the field of delinquency and crime prevention.

      2.  Training special workers, including teachers, probation and parole officers, social workers and others who:

      (a) Work part-time or full-time;

      (b) Work as volunteers or for compensation; and

      (c) Are engaged in the fields of education, recreation, mental hygiene and the treatment and prevention of delinquency.

      (Added to NRS by 2003, 1097)

      NRS 63.160  Appointment of staff of facility; contracts for athletic coaches; designation of deputies; duties of deputies.

      1.  The superintendent of a facility shall appoint such teaching, technical, clerical and operational staff as may be required for:

      (a) The execution of the duties of the superintendent;

      (b) The care of the children; and

      (c) The maintenance and operation of the facility.

      2.  The superintendent of a facility may enter into contracts with qualified employees for their services as athletic coaches in addition to their regular duties and responsibilities.

      3.  The superintendent of a facility may designate one or more employees of the facility to act as deputies. If the superintendent is absent or unable for any reason to discharge the powers and duties of the office, the deputies shall discharge those powers and duties.

      (Added to NRS by 2003, 1098)

      NRS 63.170  Housing and other perquisites for employees; report to Legislature.

      1.  If the superintendent of a facility determines that it is necessary or desirable that any employee reside at the facility, the Administrator of the Division of Child and Family Services may grant perquisites to the employee or pay for services rendered to the employee.

      2.  The Administrator of the Division of Child and Family Services shall submit to the Director of the Department of Health and Human Services, for transmission to each regular session of the Legislature, a report of any perquisites granted to an employee and any payments made for services rendered to an employee.

      (Added to NRS by 2003, 1098)

      NRS 63.180  Assignment of child to program of education, employment, training, treatment, care and custody by designated staff; review of assignment; denial of request for change in assignment.

      1.  The superintendent of a facility shall designate one or more members of the staff of the facility to classify and assign each child in the facility to a program of education, employment, training, treatment, care and custody.

      2.  As soon as practicable after a child enters the facility and not later than 30 days after the date on which the child enters the facility, the designated staff members shall:

      (a) Study the file of the child;

      (b) Interview the child;

      (c) Determine which program of education, employment, training, treatment, care and custody is appropriate for the child;

      (d) Place in the file of the child a written record of the program assignment of the child; and

      (e) Assign to each child a counselor from among the members of the staff.

      3.  The designated staff members shall review the program assignment of each child:

      (a) At least once every 3 months.

      (b) If the child requests a review.

      (c) If a review is deemed necessary or desirable.

      4.  After reviewing the program assignment of the child, the designated staff members:

      (a) May change the program assignment as is deemed necessary or desirable; and

      (b) Shall place in the file of the child a written record of any changes made in the program assignment.

      5.  If the child requests a change in the program assignment of the child and the request is denied, the designated staff members shall:

      (a) Provide the child with the reasons for the denial; and

      (b) Place in the file of the child a written statement concerning the denial.

      6.  The objective of the program assignment is to change the behavior, attitude and thinking of the child so that the child can once again function freely in the child’s normal environment.

      (Added to NRS by 2003, 1097)

      NRS 63.183  Development and implementation of plan for care of children during disaster.

      1.  The superintendent of a facility shall develop and implement a plan for the care of children in the facility during disasters. The plan must be developed and implemented in accordance with the plans and regulations adopted pursuant to NRS 432.400 and 432.410.

      2.  As used in this section, “disaster” has the meaning ascribed to it in NRS 432.400.

      (Added to NRS by 2011, 1778)

      NRS 63.185  Restriction on use of restraints on child who is in labor, delivering her baby or recuperating from delivery.

      1.  No restraints of any kind may be used on a child who is in labor, delivering her baby or recuperating from delivery unless there are compelling reasons to believe that the child presents:

      (a) A serious and immediate threat of harm to herself, staff or others; or

      (b) A substantial flight risk and cannot be reasonably confined by other means.

      2.  If a child who is in labor, delivering her baby or recuperating from delivery is restrained, only the least restrictive restraints which are necessary to ensure safety and security may be used.

      (Added to NRS by 2011, 308)

      NRS 63.187  Adoption of certain policies relating to medical care and medications for children; employees to receive copy of policy.

      1.  The superintendent of a facility shall adopt a policy concerning the manner in which to:

      (a) Document the orders of the treating physician of a child;

      (b) Administer medication to a child;

      (c) Store, handle and dispose of medication;

      (d) Document the administration of medication and any errors in the administration of medication;

      (e) Minimize errors in the administration of medication; and

      (f) Address errors in the administration of medication.

      2.  The superintendent shall ensure that each employee of the facility who will administer medication to a child at the facility receives a copy of and understands the policy adopted pursuant to subsection 1.

      (Added to NRS by 2011, 1360)

      NRS 63.190  Training required for certain employees; regulations.

      1.  The superintendent of a facility shall ensure that each employee who comes into direct contact with children in the facility receives training within 30 days after employment and annually thereafter. Such training must include, without limitation, instruction concerning:

      (a) Controlling the behavior of children;

      (b) Policies and procedures concerning the use of force and restraint on children;

      (c) The rights of children in the facility;

      (d) Suicide awareness and prevention;

      (e) The administration of medication to children;

      (f) Applicable state and federal constitutional and statutory rights of children in the home;

      (g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the facility; and

      (h) Such other matters as required by the Administrator of the Division of Child and Family Services.

      2.  The Administrator of the Division of Child and Family Services shall provide direction to the superintendent of each facility concerning the manner in which to carry out the provisions of this section.

      (Added to NRS by 2007, 1193)

EDUCATION AND EMPLOYMENT OF CHILDREN

      NRS 63.200  Duty of superintendent to carry out provisions of title 34 of NRS governing education.  The superintendent of a facility shall make arrangements for carrying out the provisions of title 34 of NRS in regard to the facility.

      (Added to NRS by 2003, 1099)

      NRS 63.210  Establishment of department of instruction; programs of study; enrollment of children in public schools.

      1.  The superintendent of a facility shall establish a department of instruction for the children of the facility, with programs of study corresponding so far as practicable with programs of study given in the elementary and high schools of this state.

      2.  The superintendent of a facility may:

      (a) Arrange for industrial training and the teaching of various trades; and

      (b) Purchase the supplies and equipment necessary for the teaching of such programs of study.

      3.  If deemed practicable and with the concurrence of the board of trustees of the county school district, the superintendent of a facility may allow children in the facility to be enrolled for instruction in the public schools within the county school district. If any children are so enrolled, the superintendent of the facility or the county school district shall provide transportation for the children to the public schools.

      (Added to NRS by 2003, 1098)

      NRS 63.220  Employment of children; compensation.

      1.  Except as otherwise provided in this section, the superintendent of a facility may arrange for the employment of children on ranches, farms and in other private occupations during the summer vacation months and for other periods which the superintendent deems proper for the full utilization of the children’s time and productive capacities.

      2.  A child may not be compelled to accept private employment against the child’s desires.

      3.  For the purposes of this section, the superintendent of a facility and the employer must determine the amount of compensation the child must be paid and the working conditions of the child.

      4.  The superintendent of a facility may determine whether the compensation paid to the child may be paid in whole or in part to the child or to the superintendent for safekeeping as provided for in NRS 63.340.

      (Added to NRS by 2003, 1098)

      NRS 63.230  Purpose of education and employment.  The ultimate purpose of the instruction, training, employment and industries provided to a child in a facility is to qualify the child for profitable and honorable employment and to enable the child to lead a useful life after release from the facility.

      (Added to NRS by 2003, 1099)

      NRS 63.240  Program to educate children regarding alcohol and drug abuse.  The Director of the Department of Health and Human Services or the Director’s designee shall administer a program designed to educate the children of a facility in the problems caused by the abuse of alcohol and other drugs.

      (Added to NRS by 2003, 1099)

FINANCES

      NRS 63.300  Payment of claims; issuance of checks.

      1.  Each claim paid from any fund in the State Treasury that is available to a facility must be:

      (a) Approved by the superintendent of the facility before it is paid; and

      (b) Paid as other claims against this State are paid.

      2.  All money on deposit in a financial institution which is available to a facility must be paid out by checks signed by the superintendent of the facility or by a person designated for that purpose.

      (Added to NRS by 2003, 1099)

      NRS 63.310  Application for and receipt of federal money.  The superintendent of a facility may apply for and receive money from the Federal Government to treat and train children in the facility.

      (Added to NRS by 2003, 1099)

      NRS 63.320  Gift account.  The superintendent of a facility shall:

      1.  Deposit in the State Treasury for credit to the gift account of the facility any gifts of money which the facility is authorized to accept; and

      2.  Expend money from the gift account only for facility purposes and, to the extent permitted by law, in accordance with the terms of the gift.

      (Added to NRS by 2003, 1099)

      NRS 63.330  Farm account.

      1.  The superintendent of a facility:

      (a) May buy and sell hay, grain, produce, livestock, and other farm supplies and equipment; and

      (b) Shall deposit all money obtained from the sale of such items in the State Treasury for credit to the farm account of the facility.

      2.  The farm account is a continuing account without reversion to the State General Fund.

      3.  The superintendent of a facility shall expend the money in the farm account for supplies and equipment needed by the facility in accordance with the provisions of the State Budget Act.

      4.  The superintendent of a facility shall keep a record of all transactions pertaining to the farm account.

      (Added to NRS by 2003, 1099)

      NRS 63.340  Trust fund for money and valuables accepted from child; disposition of money and valuables upon discharge.

      1.  The superintendent of a facility may accept money and other valuables of a child in the facility for safekeeping pending the discharge of the child.

      2.  To carry out the purposes of this section, the superintendent of a facility shall establish a trust fund in a qualified financial institution.

      3.  If the superintendent of a facility accepts money or other valuables of a child for safekeeping, the superintendent shall:

      (a) Deposit the money in the trust fund established pursuant to this section;

      (b) Keep a full account of any money and valuables; and

      (c) Submit reports to the Administrator of the Division of Child and Family Services regarding the money and valuables as the Administrator may require.

      4.  When a child is discharged from the facility, the superintendent of the facility shall:

      (a) Issue to the child a check in the amount of the balance held in the trust fund for the child; and

      (b) Return to the child any valuables held for safekeeping.

      5.  If a check that is issued to a child pursuant to this section has not been cashed within 6 months from the date on which the check was issued, the superintendent of the facility may transfer the amount of the uncashed check to the gift account. Each check issued to a child must be stamped “void after 6 months from date of issue.”

      (Added to NRS by 2003, 1099)

      NRS 63.350  Commissary for children in facility.

      1.  The superintendent of a facility may establish a commissary or store in the facility for the benefit and use of the children in the facility.

      2.  So far as practicable, sales of supplies and materials to the children in the commissary or store must be at cost.

      3.  The superintendent of a facility shall keep a record of all transactions of the commissary or store.

      (Added to NRS by 2003, 1100)

      NRS 63.360  Commissary fund.

      1.  The commissary fund is hereby created, and must be used:

      (a) To purchase supplies and materials for resale to the children of a facility;

      (b) To provide money for needy children of a facility; and

      (c) For other incidentals as may be deemed necessary by the superintendent of the facility.

      2.  The superintendent of a facility shall deposit any money received for the commissary fund in a qualified financial institution.

      3.  The superintendent of a facility may maintain a small sum of money which is received for the commissary fund as petty cash at the commissary or store.

      4.  All money drawn from the commissary fund must be repaid if possible.

      (Added to NRS by 2003, 1100)

COMMITMENT TO FACILITY

      NRS 63.400  Acceptance of child at facility; time of delivery; juvenile court to send summary of child’s history.

      1.  If the juvenile court or the Division of Child and Family Services commits or places a child in a facility, the superintendent of the facility shall accept the child unless, before the child is conveyed to the facility, the superintendent determines that:

      (a) There is not adequate room or resources in the facility to provide the necessary care of the child;

      (b) There is not adequate money available for the support of the facility; or

      (c) In the opinion of the superintendent, the child is not suitable for admission to the facility.

      2.  The superintendent of the facility shall fix the time at which the child must be delivered to the facility.

      3.  The juvenile court shall send to the superintendent of the facility a summary of all the facts in the possession of the juvenile court concerning the history of the child committed to the facility.

      (Added to NRS by 2003, 1100)

      NRS 63.410  Commitment of female child to facility outside State or to private institution in State.  Upon the written request of the superintendent of a facility, at any time either before or after commitment of a female child to the facility, the juvenile court may order the child committed to:

      1.  A facility outside the State of Nevada; or

      2.  A private institution within the State of Nevada.

      (Added to NRS by 2003, 1100)

      NRS 63.420  Physical examination of child before commitment; report; payment of costs.

      1.  Before a child is committed to a facility, the juvenile court shall order that a physician conduct a physical examination of the child, which includes a blood test, test for tuberculosis, urinalysis and an examination for venereal disease.

      2.  Not later than 5 days after the date on which the physical examination is conducted, the physician shall make a written report of the results of the physical examination to the clerk of the court.

      3.  Upon receipt of the written report:

      (a) The clerk of the court shall immediately forward a copy of the written report to the superintendent of the facility; and

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

      (Added to NRS by 2003, 1101)

      NRS 63.430  Parent or guardian may be ordered to pay for support of child.

      1.  If the juvenile court commits a child to a facility, the juvenile court may order the parent or guardian of the child to pay, in whole or in part, for the support of the child in the facility.

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

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

      (b) The Administrator shall deposit the payments with the State Treasurer for credit to a separate account in the State General Fund. The Administrator may expend the money in the separate account to carry out the powers and duties of the Administrator and the Division of Child and Family Services.

      (Added to NRS by 2003, 1101)

      NRS 63.440  Placement of delinquent child by Division of Child and Family Services; requirements for changing placement of child.

      1.  Except as otherwise provided in chapter 62E of NRS, if the juvenile court commits a delinquent child to the custody of the Division of Child and Family Services, the Division may, within the limits of legislative appropriation:

      (a) If the child is at least 8 years of age but less than 12 years of age, place the child in any public or private institution or agency which is located within or outside this state and which is authorized to care for children. The child must not be placed in a facility.

      (b) If the child is at least 12 years of age but less than 18 years of age, place the child in a facility or in any public or private institution or agency which is located within or outside this state and which is authorized to care for children.

      2.  The Division of Child and Family Services may change the placement of the child from any public or private institution or agency that is authorized to care for the child pursuant to this section to another public or private institution or agency that is authorized to care for the child pursuant to this section.

      3.  Before the Division of Child and Family Services may change any placement authorized by this section, the Division shall:

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

      (b) Obtain the approval of the juvenile court.

      (Added to NRS by 2003, 1101)

      NRS 63.450  When alternative to commitment or placement must be recommended to juvenile court.  The Administrator of the Division of Child and Family Services shall recommend to the juvenile court a suitable alternative to the commitment or placement of a child in a facility if:

      1.  The superintendent of the facility reports that such a commitment or placement is unsuitable; and

      2.  At the time of commitment or placement or after entering the facility, the child appears to be:

      (a) An improper child to be retained in the facility; or

      (b) So incorrigible or so incapable of reformation under the discipline of the facility as to render the child’s detention detrimental to the interests of the facility.

      (Added to NRS by 2003, 1101)

      NRS 63.460  Forestry camps: Establishment; employment of children; power of superintendent to contract with other governmental officials and agencies.

      1.  A facility may establish forestry camps for the purposes of:

      (a) Securing a satisfactory classification and segregation of children according to their capacities, interests and responsiveness to control and responsibility;

      (b) Reducing the necessity of extending existing grounds and housing facilities; and

      (c) Providing adequate opportunity for reform and encouragement of self-discipline.

      2.  Children committed to forestry camps may be required:

      (a) To labor on the buildings and grounds of the forestry camp.

      (b) To perform fire prevention work, including, but not limited to:

             (1) Building firebreaks and fire trails;

             (2) Fire suppression;

             (3) Making forest roads for fire prevention or fire fighting; and

             (4) Forestation and reforestation of public lands.

      (c) To perform other projects prescribed by the superintendent of the facility.

      3.  For the purposes of carrying out the provisions of this section, the superintendent of a facility may enter into contracts with the Federal Government, state officials and various state agencies and departments.

      (Added to NRS by 2003, 1102)

      NRS 63.470  Temporary furlough.

      1.  The superintendent of a facility may grant to a child a furlough from the facility to participate in a program or treatment if, after consultation with the Chief of the Youth Parole Bureau, the superintendent determines that the furlough is in the best interests of the child.

      2.  The superintendent of a facility may grant a furlough for a period of not more than 90 days.

      3.  While a child is temporarily released from a facility on a furlough, the child is under the supervision of the Chief of the Youth Parole Bureau.

      (Added to NRS by 2003, 1103)

      NRS 63.480  Power of juvenile court to change, modify or set aside order of commitment; notice.

      1.  The juvenile court may change, modify or set aside an order committing a child to a facility after conducting a hearing to consider the effect that changing, modifying or setting aside the order will have upon the child and the operation of the facility.

      2.  Not later than 10 days before conducting the hearing pursuant to this section, the juvenile court shall serve written notice of the hearing upon the superintendent of the facility. Such notice must be served by registered mail, postage prepaid.

      (Added to NRS by 2003, 1102)

      NRS 63.490  Transfer.

      1.  The superintendent of a facility may transfer a child from one facility to another facility if:

      (a) The Administrator of the Division of Child and Family Services consents to the transfer; and

      (b) The transfer is in the best interests of the child.

      2.  If a transfer is made, the general provisions regarding placements in a facility apply.

      (Added to NRS by 2003, 1102)

      NRS 63.500  Child to be dealt with by or in presence of attendant of same gender.  All children committed to a facility must be dealt with, so far as practicable, by or in the presence of an attendant who is of the same gender as the child.

      (Added to NRS by 2003, 1102)

      NRS 63.505  Conditions and limitations on use of corrective room restriction by facility; reporting requirement.

      1.  A child who is detained in a facility may be subjected to corrective room restriction only if all other less-restrictive options have been exhausted and only for the purpose of:

      (a) Modifying the negative behavior of the child;

      (b) Holding the child accountable for a violation of a rule of the facility; or

      (c) Ensuring the safety of the child, staff or others or ensuring the security of the facility.

      2.  Any action that results in corrective room restriction for more than 2 hours must be documented in writing and approved by a supervisor.

      3.  A facility shall conduct a safety and well-being check on a child subjected to corrective room restriction at least once every 10 minutes while the child is subjected to corrective room restriction.

      4.  A child may be subjected to corrective room restriction only for the minimum time required to address the negative behavior, rule violation or threat to the safety of the child, staff or others or to the security of the facility, and the child must be returned to the general population of the facility as soon as reasonably possible.

      5.  A child who is subjected to corrective room restriction for more than 24 hours must be provided:

      (a) Not less than 1 hour of out-of-room, large muscle exercise each day, including, without limitation, access to outdoor recreation if weather permits;

      (b) Access to the same meals and medical and mental health treatment, the same access to contact with parents or legal guardians, and the same access to legal assistance and educational services as is provided to children in the general population of the facility; and

      (c) A review of the corrective room restriction status at least once every 24 hours. If, upon review, the corrective room restriction is continued, the continuation must be documented in writing, including, without limitation, an explanation as to why no other less-restrictive option is available.

      6.  A facility shall not subject a child to corrective room restriction for more than 72 consecutive hours.

      7.  A facility shall report monthly to the Juvenile Justice Programs Office of the Division of Child and Family Services the number of children who were subjected to corrective room restriction during that month and the length of time that each child was in corrective room restriction. Any incident that resulted in the use of corrective room restriction for more than 72 consecutive hours must be addressed in the monthly report, and the report must include the reason or reasons any attempt to return the child to the general population of the facility was unsuccessful.

      8.  As used in this section, “corrective room restriction” means the confinement of a child to his or her room as a disciplinary or protective action and includes, without limitation:

      (a) Administrative seclusion;

      (b) Behavioral room confinement;

      (c) Corrective room rest; and

      (d) Room confinement.

      (Added to NRS by 2013, 1521)

      NRS 63.510  Officers and employees of facility prohibited from serving as guardian of child or estate of child; exceptions.  An employee or officer of a facility must not be nominated or appointed as guardian of a person or the estate of a person who is or ever has been committed to a facility, unless the employee or officer is related by blood to the person who is or has been committed to the facility.

      (Added to NRS by 2003, 1102)

      NRS 63.520  Medical, surgical and dental services for child.  Upon the recommendation of a physician who attends a child in a facility, the superintendent of the facility may authorize the performance of any necessary medical, surgical or dental service.

      (Added to NRS by 2003, 1102)

ESCAPE FROM FACILITY

      NRS 63.600  Written order of superintendent constitutes warrant for arrest; execution of order.

      1.  The written order of the superintendent of a facility is a sufficient arrest warrant for any peace officer to return a child who has escaped from the facility.

      2.  Each peace officer shall execute such an order in the same manner as is provided for the execution of criminal process.

      (Added to NRS by 2003, 1103)

      NRS 63.610  Penalties for permitting or aiding escape or concealing escaped child.  A person who knowingly permits or aids a child to escape from a facility, or who conceals a child with the intent or purpose of enabling the child to elude pursuit, shall be punished:

      1.  Where a dangerous weapon is used by the person to facilitate the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      2.  Where no dangerous weapon is used, for a gross misdemeanor.

      (Added to NRS by 2003, 1103)

      NRS 63.620  Required notice upon escape and apprehension of child.

      1.  Upon the escape of a child from a facility, the superintendent of the facility shall notify:

      (a) The appropriate law enforcement agency of the escape; and

      (b) Immediately thereafter, the public. The notice to the public must include a description of the child.

      2.  The superintendent of the facility shall immediately notify the public upon the apprehension of the child.

      (Added to NRS by 2003, 1103)

RELEASE FROM FACILITY

Parole

      NRS 63.700  Power of Chief of Youth Parole Bureau to appoint employees and to contract with university or organization for research or training.

      1.  The Chief of the Youth Parole Bureau may appoint such employees as are necessary to carry out the functions of the Youth Parole Bureau.

      2.  The Chief of the Youth Parole Bureau may enter into contracts with colleges, universities and other organizations for the purposes of:

      (a) Conducting research in the field of delinquency and crime prevention.

      (b) Training special workers, including social workers and parole officers who:

             (1) Work part-time or full-time;

             (2) Work as volunteers or for compensation; and

             (3) Are engaged in the fields of education, recreation, mental hygiene, and the treatment and prevention of delinquency.

      (Added to NRS by 2003, 1104)

      NRS 63.710  Duties of Chief of Youth Parole Bureau.  The Chief of the Youth Parole Bureau shall:

      1.  Supervise all children released on parole from a facility.

      2.  Supervise all children released by other states for juvenile parole in the State of Nevada pursuant to interstate compact.

      3.  Furnish to each child paroled:

      (a) A written statement of the conditions of the parole; and

      (b) Instructions regarding those conditions.

      4.  Keep informed concerning the conduct and condition of all children and employees under the supervision of the Chief.

      5.  Coordinate the functions of the Chief with those of the superintendents of each facility.

      (Added to NRS by 2003, 1104)

      NRS 63.715  Responsibilities of county that carries out provisions relating to parole; appointment of person to act in place of Chief of Youth Parole Bureau.

      1.  A county that receives approval to carry out the provisions of NRS 63.700 to 63.780, inclusive, and an exemption from the assessment imposed pursuant to NRS 62B.165 shall:

      (a) Carry out the provisions of NRS 63.700 to 63.780, inclusive; and

      (b) Appoint a person to act in the place of the Chief of the Youth Parole Bureau in carrying out those provisions.

      2.  When a person is appointed by the county to act in the place of the Chief of the Youth Parole Bureau pursuant to subsection 1, the person so appointed shall be deemed to be the Chief of the Youth Parole Bureau for the purposes of NRS 63.700 to 63.780, inclusive.

      (Added to NRS by 2011, 2520)

      NRS 63.720  Granting of parole; setting date of release; supervision by Chief of Youth Parole Bureau upon release.

      1.  After consultation with the Chief of the Youth Parole Bureau, the superintendent of a facility may grant parole to a child if:

      (a) The child is eligible for parole according to regulations established for that purpose; and

      (b) Parole will be in the best interests of the child.

      2.  The superintendent of the facility and the Chief of the Youth Parole Bureau shall set the date of the child’s release on parole not later than 30 days after the superintendent has given the Chief a notice of intent to parole the child.

      3.  Upon being released on parole, the child is under the supervision of the Chief of the Youth Parole Bureau.

      (Added to NRS by 2003, 1102)

      NRS 63.730  Placement of parolee in home and educational or work program; payment of expenses for alternative placements.

      1.  Each child who is paroled from a facility must be placed in:

      (a) A reputable home; and

      (b) An educational program or a work program, or both.

      2.  The Chief of the Youth Parole Bureau may pay the expenses incurred in providing alternative placements for residential programs and for structured nonresidential programs from money appropriated to the Youth Parole Bureau for that purpose.

      (Added to NRS by 2003, 1104)

      NRS 63.740  Account for money and valuables accepted from parolee; disposition of money and valuables upon discharge.

      1.  The Chief of the Youth Parole Bureau may accept from a child who is paroled money and other valuables for safekeeping pending the discharge of the child from parole.

      2.  If the Chief of the Youth Parole Bureau accepts from a child who is paroled money or other valuables for safekeeping, the Chief shall:

      (a) Deposit the money in an account in a qualified financial institution.

      (b) Keep a full account of any money and valuables; and

      (c) Submit reports to the Administrator of the Division of Child and Family Services regarding the money and valuables as the Administrator may require.

      3.  When a child is discharged from parole, the Chief of the Youth Parole Bureau shall:

      (a) Issue to the child a check in the amount of the balance held in the account for the child; and

      (b) Return to the child any valuables held for safekeeping.

      (Added to NRS by 2003, 1104)

      NRS 63.750  Dismissal of proceedings and accusations.  If a child has been paroled, the Chief of the Youth Parole Bureau shall apply to the juvenile court for a dismissal of all proceedings and accusations pending against the child if:

      1.  The child has proven the child’s ability to make an acceptable adjustment outside the facility; or

      2.  In the opinion of the Chief, the child is no longer amenable to treatment as a juvenile.

      (Added to NRS by 2003, 1105)

      NRS 63.760  Alleged violator of parole: Written order of Chief of Youth Parole Bureau constitutes warrant for arrest; execution of order.

      1.  If there is probable cause to believe that a child has violated parole, the written order of the Chief of the Youth Parole Bureau is a sufficient arrest warrant for any peace officer to take the child into custody, pending return of the child to the juvenile court.

      2.  Each peace officer or parole officer shall execute such an order in the same manner as is provided for the execution of criminal process.

      (Added to NRS by 2003, 1105)

      NRS 63.770  Suspension, modification or revocation.

      1.  A petition may be filed with the juvenile court to request that the parole of a child be suspended, modified or revoked.

      2.  Pending a hearing, the juvenile court may order that the child be held in the local or regional facility for the detention of children.

      3.  If the child is held in a local or regional facility for the detention of children pending a hearing, the Youth Parole Bureau may pay all actual and reasonably necessary costs for the confinement of the child in the local or regional facility to the extent that money is available for that purpose.

      4.  If requested, the juvenile court shall allow the child reasonable time to prepare for the hearing.

      5.  The juvenile court shall render a decision within 10 days after the conclusion of the hearing.

      (Added to NRS by 2003, 1103; A 2011, 2520)

      NRS 63.780  Recommendation for revocation by Chief of Youth Parole Bureau.  The Chief of the Youth Parole Bureau may recommend to the juvenile court that a child’s parole be revoked and that the child be committed to a facility unless the superintendent of the facility determines that:

      1.  There is not adequate room or resources in the facility to provide the necessary care;

      2.  There is not adequate money available for the support of the facility; or

      3.  The child is not suitable for admission to the facility.

      (Added to NRS by 2003, 1105)

Discharge

      NRS 63.790  Age upon which child may or must be discharged.

      1.  A child may be discharged from a facility upon reaching 18 years of age.

      2.  A child must be discharged from a facility upon reaching 20 years of age.

      (Added to NRS by 2003, 1104)