[Rev. 6/29/2024 2:51:00 PM--2023]

CHAPTER 62B - GENERAL ADMINISTRATION

ADMINISTRATION OF JUVENILE COURTS

NRS 62B.010          Assignment of judges to juvenile court; powers and duties.

NRS 62B.020          Master of the juvenile court: Appointment; training; compensation.

NRS 62B.030          Master of the juvenile court: Powers and duties; review of recommendations by juvenile court.

NRS 62B.040          County youth services commission: Establishment; composition; duties.

FISCAL MATTERS

NRS 62B.100          Expenses incurred in complying with title are charge against county; exception; fixing salaries, expenses and other compensation of employees of juvenile court and department of juvenile justice services.

NRS 62B.110          Provision of ancillary services to child who is subject to the jurisdiction of juvenile court; billing and reimbursement for such services.

NRS 62B.120          Responsibility for payment of expenses resulting from commitment of child to custody of institution or person other than parent or guardian.

NRS 62B.140          Payment of expenses related to commitment of child to regional facility for treatment and rehabilitation of children.

NRS 62B.150          Certain counties to pay assessment for operation of regional facilities for treatment and rehabilitation of children partially supported by State.

NRS 62B.160          Certain counties to pay assessment for operation of regional facilities for treatment and rehabilitation of children not supported by State.

NRS 62B.165          Counties to pay assessment for activities of Youth Parole Bureau; approval for county to carry out provisions relating to parole; exemption from assessment.

INSTITUTIONS, AGENCIES OR FACILITIES TO WHICH CHILD IS COMMITTED

General Provisions

NRS 62B.200          Powers and duties of counties to provide facilities for detention of children and alternative programs.

NRS 62B.210          Conduct and location of facilities for detention of children.

NRS 62B.212          Treatment of child in accordance with gender identity or expression; compliance with Prison Rape Elimination Act; regulations concerning appropriate placement of child.

NRS 62B.215          Conditions and limitations on use of corrective room restriction by certain facilities for detention or treatment and rehabilitation of children; reporting requirement.

NRS 62B.220          Detention facility to develop and implement plan for care of children during disaster.

NRS 62B.230          Restriction on use of restraints on child who is in labor, delivering her baby or recuperating from delivery.

NRS 62B.240          Adoption of certain policies relating to medical care and medications for children; employees to receive copy of policy.

NRS 62B.245          Responsibility for administration and payment of medical care received by child in custody of facility for the detention of children.

NRS 62B.250          Training required for certain employees; regulations.

 

Background Investigation of Employees of Institutions, Agencies and Facilities to Which Child Is Committed

NRS 62B.260          “Licensing authority” defined.

NRS 62B.265          Provisions not applicable to certain private institutions.

NRS 62B.270          Background investigation required; charge for investigation; periodic additional investigations.

NRS 62B.275          Termination of employment for certain pending criminal charges or conviction of certain crimes; correction of information concerning conviction; waiver of requirement to terminate employment; exception.

NRS 62B.280          Maintenance of records.

JURISDICTION

NRS 62B.300          Exercise of jurisdiction by district courts; district courts termed juvenile courts for that purpose.

NRS 62B.310          Exclusive jurisdiction; exceptions; powers of other courts.

NRS 62B.320          Child in need of supervision.

NRS 62B.330          Child alleged or adjudicated to have committed delinquent act; acts deemed not to be delinquent.

NRS 62B.335          Jurisdiction over adult charged with certain delinquent acts committed as child.

NRS 62B.340          Child who is on probation or who violates condition of parole.

NRS 62B.350          Adults; stepparents; rights and remedies of adults subject to jurisdiction.

NRS 62B.360          No jurisdiction over child subject to exclusive jurisdiction of Indian tribe.

NRS 62B.370          When court must transfer case to juvenile court.

NRS 62B.380          Transfer of cases involving minor traffic offenses to other courts.

NRS 62B.390          Certification of child for criminal proceedings as adult.

NRS 62B.400          Child who escapes or attempts escape from facility for detention of juveniles deemed escaped prisoner; when court may certify such child for criminal proceedings; when deemed delinquent act.

NRS 62B.410          Termination and retention of jurisdiction.

NRS 62B.420          Jurisdiction to enter civil judgments under certain circumstances; enforcement and collection of such judgments.

JUVENILE JUSTICE BILL OF RIGHTS

NRS 62B.500          Short title.

NRS 62B.505          “Detention facility” defined.

NRS 62B.510          Rights of child placed in detention facility.

NRS 62B.515          Duty of detention facility to provide notice and copies and post written copy of rights.

NRS 62B.520          Reasonable restrictions on exercise of rights by child.

NRS 62B.525          Authorized manner for child in detention facility to raise and redress a grievance.

NRS 62B.530          Detention facilities to establish policies concerning accessibility, administration and concurrent use of psychotropic medication for children.

MEASURES TO IMPROVE OUTCOMES FOR YOUTH IN JUVENILE JUSTICE SYSTEM

NRS 62B.600          Juvenile Justice Oversight Commission: Establishment; membership; terms of members; compensation; quorum; meetings.

NRS 62B.605          Advisory Committee to Commission: Establishment; membership; duties; terms of members; compensation; quorum. [Repealed.]

NRS 62B.607          Implicit bias and cultural competency training required for certain persons; regulations. [Effective 9 months after the date on which the regulations adopted by the Division of Child and Family Services of the Department of Health and Human Services pursuant to this section become effective.]

NRS 62B.610          Establishment of procedures to determine effectiveness of juvenile justice system and outcomes of juveniles; selection of risk assessment tool and mental health screening tool; contract for technical assistance.

NRS 62B.615          Development of strategic plan relating to use of evidence-based practices in providing services to children; regulations; submission of plan to Legislature.

NRS 62B.620          Annual quality assurance review of each state facility for the detention of children and regional facility for the treatment and rehabilitation of children; facilities to develop facility improvement plan.

NRS 62B.625          Implementation of risk assessment tool and mental health screening tool; compliance with policies and protocols for risk assessment tool; allocation of cost of implementation and operation of tools.

NRS 62B.630          Percentage of certain State money to be used to develop, promote and coordinate evidence-based programs and practices; certain contracts with treatment providers to require compliance with evidence-based standards.

NRS 62B.635          Establishment of evidence-based program resource center.

NRS 62B.640          Annual report by the Division of Child and Family Services concerning compliance with evidence-based standards and analysis of performance measures.

NRS 62B.645          Development and implementation of family engagement plan.

MISCELLANEOUS PROVISIONS

NRS 62B.700          Program for treatment of children diagnosed with or suspected to have autism spectrum disorder.

_________

 

ADMINISTRATION OF JUVENILE COURTS

      NRS 62B.010  Assignment of judges to juvenile court; powers and duties.

      1.  In any judicial district in which there are two or three district judges, the district judges, by mutual consent, shall:

      (a) Assign one district judge to serve as the judge of the juvenile court for a period set by the district judges; or

      (b) Divide the powers and duties set forth in this title among the district judges as they see fit.

      2.  In a judicial district which does not include a county whose population is 100,000 or more and in which there are four or more district judges:

      (a) The district judges, by mutual consent, shall assign one district judge to serve as the judge of the juvenile court for a period of 2 years; or

      (b) If the district judges cannot agree, the Chief Justice of the Supreme Court shall assign one district judge to serve as the judge of the juvenile court for a period of 2 years.

      3.  If, for any reason, a district judge who is assigned to serve as a judge of the juvenile court pursuant to this section is unable to act, any other district judge of the judicial district may act temporarily as a judge of the juvenile court during the period that the district judge who is regularly assigned is unable to act.

      4.  Each district judge who is assigned to serve as a judge of the juvenile court has all the powers and duties set forth in this title, and the primary duty of the district judge is to administer the provisions of this title.

      (Added to NRS by 2003, 1027)

      NRS 62B.020  Master of the juvenile court: Appointment; training; compensation.

      1.  Except as otherwise provided in this section, the juvenile court or the chief judge of the judicial district may appoint any person to act as a master of the juvenile court if the person is qualified by previous experience, training and demonstrated interest in the welfare of children to act as a master of the juvenile court.

      2.  A probation officer shall not act as a master of the juvenile court unless the proceeding concerns:

      (a) A minor traffic offense;

      (b) An offense related to tobacco; or

      (c) A child who is alleged to be a habitual truant.

      3.  If a person is appointed to act as a master of the juvenile court, the person shall attend instruction at the National Council of Juvenile and Family Court Judges in Reno, Nevada, in a course designed for the training of new judges of the juvenile court on the first occasion when such instruction is offered after the person is appointed.

      4.  If, for any reason, a master of the juvenile court is unable to act, the juvenile court or the chief judge of the judicial district may appoint another qualified person to act temporarily as a master of the juvenile court during the period that the master who is regularly appointed is unable to act.

      5.  The compensation of a master of the juvenile court:

      (a) May not be taxed against the parties.

      (b) Must be paid out of appropriations made for the expenses of the district court, if the compensation is fixed by the juvenile court.

      (Added to NRS by 2003, 1027; A 2013, 1526)

      NRS 62B.030  Master of the juvenile court: Powers and duties; review of recommendations by juvenile court.

      1.  The juvenile court may order a master of the juvenile court to:

      (a) Swear witnesses.

      (b) Take evidence.

      (c) Make findings of fact and recommendations.

      (d) Conduct all proceedings before the master of the juvenile court in the same manner as a district judge conducts proceedings in a district court.

      2.  Not later than 10 days after the evidence before a master of the juvenile court is closed, the master shall file with the juvenile court:

      (a) All papers relating to the case;

      (b) Written findings of fact; and

      (c) Written recommendations.

      3.  A master of the juvenile court shall provide to the parent or guardian of the child, the attorney for the child, the district attorney, and any other person concerned, written notice of:

      (a) The master’s findings of fact;

      (b) The master’s recommendations;

      (c) The right to object to the master’s recommendations; and

      (d) The right to request a hearing de novo before the juvenile court as provided in subsection 4.

      4.  After reviewing the recommendations of a master of the juvenile court and any objection to the master’s recommendations, the juvenile court shall:

      (a) Approve the master’s recommendations, in whole or in part, and order the recommended disposition;

      (b) Reject the master’s recommendations, in whole or in part, and order such relief as may be appropriate; or

      (c) Direct a hearing de novo before the juvenile court if, not later than 5 days after the master provides notice of the master’s recommendations, a person who is entitled to such notice files with the juvenile court a request for a hearing de novo before the juvenile court.

      5.  A recommendation of a master of the juvenile court is not effective until expressly approved by the juvenile court as evidenced by the signature of a judge of the juvenile court.

      (Added to NRS by 2003, 1028)

      NRS 62B.040  County youth services commission: Establishment; composition; duties.

      1.  In any county where it is deemed advisable, the juvenile court may establish a youth services commission.

      2.  Each youth services commission must consist of five persons appointed by the juvenile court.

      3.  In conjunction with the Division of Child and Family Services, the youth services commission shall advise the juvenile court, the Legislature, the Governor and the governing bodies of each city and the county to:

      (a) Determine the extent to which various departments, agencies and organizations may wish to cooperate in a common effort to coordinate their existing programs and develop new programs to reduce the incidence of juvenile delinquency;

      (b) Develop necessary formal agreements among those departments, agencies and organizations, including agreements involving the joint exercise of power;

      (c) Initiate, where feasible, other special projects for the prevention of delinquency through the use and coordination of existing resources within the community; and

      (d) Seek and secure money and resources to carry out the purposes of the youth services commission.

      (Added to NRS by 2003, 1032)

FISCAL MATTERS

      NRS 62B.100  Expenses incurred in complying with title are charge against county; exception; fixing salaries, expenses and other compensation of employees of juvenile court and department of juvenile justice services.

      1.  All expenses incurred in complying with the provisions of this title are a charge against the county, except for expenses that must be paid by the State of Nevada pursuant to the provisions of chapter 63 of NRS or a specific statute.

      2.  Except as otherwise provided in subsection 3, within the limits provided by the board of county commissioners, the juvenile court shall fix the salaries, expenses and other compensation of masters of the juvenile court, probation officers and all employees of the juvenile court.

      3.  If the board of county commissioners has established a department of juvenile justice services by ordinance pursuant to NRS 62G.200 to 62G.240, inclusive, the board of county commissioners shall fix the salaries, expenses and other compensation of probation officers, assistant probation officers and all employees of the department of juvenile justice services.

      (Added to NRS by 2003, 1087)

      NRS 62B.110  Provision of ancillary services to child who is subject to the jurisdiction of juvenile court; billing and reimbursement for such services.  Except as otherwise provided in NRS 62B.245, if a child becomes subject to the jurisdiction of the juvenile court and the child receives ancillary services that are administered or financed by a county, including, but not limited to, transportation or psychiatric, psychological or medical services, the juvenile court shall:

      1.  To the extent possible, arrange for the child to receive such services from an approved provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs of such services.

      2.  Arrange for the billing of any available public or private medical insurance to pay for such services.

      3.  Not order the parent or guardian of the child to reimburse the county for the costs of such services unless the child receives such services from a provider that is not approved or the child seeks additional services beyond those recommended for the child, in which case the parent or guardian of the child shall pay the costs of such services.

      (Added to NRS by 2003, 1087; A 2019, 1956)

      NRS 62B.120  Responsibility for payment of expenses resulting from commitment of child to custody of institution or person other than parent or guardian.  If the juvenile court commits a child to the custody of a person who is not the parent or guardian of the child or to the custody of a public or private institution or agency, and no provision is otherwise made by law for the support of the child, the expenses incurred for the support of the child while in such custody, if approved by an order of the juvenile court, are a charge upon the county where the child has a legal residence.

      (Added to NRS by 2003, 1087, 1088; A 2019, 1957)

      NRS 62B.140  Payment of expenses related to commitment of child to regional facility for treatment and rehabilitation of children.

      1.  Except as otherwise provided in this chapter, if a child is committed to the custody of a regional facility for the treatment and rehabilitation of children, the juvenile court may order the county where the child has a legal residence to pay the expenses incurred for the support of the child in an amount equal to any money paid for that purpose by the Division of Child and Family Services. Such an order may not be entered if the county maintains the facility to which the child is committed.

      2.  This section does not prohibit the juvenile court from providing for the support of the child in any other manner authorized by law.

      (Added to NRS by 2003, 1087; A 2017, 4384; 2019, 1958)

      NRS 62B.150  Certain counties to pay assessment for operation of regional facilities for treatment and rehabilitation of children partially supported by State.

      1.  Except as otherwise provided in subsection 8, each county shall pay an assessment for the operation of each regional facility for the treatment and rehabilitation of children that is partially supported by the State of Nevada and is operated by a county whose population is less than 700,000.

      2.  The total aggregated amount of assessments required to be paid by all counties subject to the requirements of subsection 1 equals the total amount budgeted by the Legislature for the operation of the regional facility, minus any money appropriated by the Legislature for the support of the regional facility.

      3.  The assessment owed by each assessed county equals the sum of:

      (a) Fifty percent of the total aggregated amount of assessments prescribed by subsection 2, divided by the total number of pupils in this State in the preceding school year, excluding pupils in counties whose population is 700,000 or more, and multiplied by the number of pupils in the assessed county; and

      (b) Fifty percent of the total aggregated amount of assessments prescribed by subsection 2, divided by the total number of bed days at the regional facility for the 2 immediately preceding fiscal years, and multiplied by the number of bed days used by the assessed county.

      4.  The Administrator of the Division of Child and Family Services shall calculate the assessment owed by each county pursuant to subsection 3 in June of each year for the ensuing fiscal year.

      5.  Each county must pay the assessed amount to the Division of Child and Family Services in quarterly installments that are due the first day of the first month of each calendar quarter.

      6.  The Administrator of the Division of Child and Family Services shall deposit the money received pursuant to subsection 5 in a separate account in the State General Fund. The money in the account may be withdrawn only by the Administrator for the operation of regional facilities for the treatment and rehabilitation of children.

      7.  Revenue raised by a county to pay the assessment required pursuant to subsection 1 is not subject to the limitations on revenue imposed pursuant to chapter 354 of NRS and must not be included in the calculation of those limitations.

      8.  The provisions of this section do not apply to a county whose population is 700,000 or more.

      9.  As used in this section:

      (a) “Bed day” means a day for which a specific bed at a regional facility is occupied.

      (b) “Regional facility for the treatment and rehabilitation of children” or “regional facility” does not include the facility in Lyon County known as Western Nevada Regional Youth Center.

      (Added to NRS by 2003, 1085; A 2011, 1139; 2017, 4384; 2023, 177)

      NRS 62B.160  Certain counties to pay assessment for operation of regional facilities for treatment and rehabilitation of children not supported by State.

      1.  Except as otherwise provided in subsection 5, each county shall pay an assessment for the operation of a regional facility for the treatment and rehabilitation of children that serves the county if the regional facility:

      (a) Is operated by a county whose population is less than 700,000 or an administrative entity established pursuant to NRS 277.080 to 277.180, inclusive, by counties whose populations are less than 700,000 each;

      (b) Is established by two or more counties pursuant to an interlocal agreement or by one county if the regional facility is operated pursuant to an interlocal agreement to benefit other counties; and

      (c) Is not partially supported by the State of Nevada and does not receive money from the State of Nevada other than any fees paid to the regional facility for a child referred to the regional facility by the State of Nevada.

      2.  The administrator of a regional facility for the treatment and rehabilitation of children shall calculate the assessment owed by each county pursuant to subsection 1 on or before March 1 of each year for the ensuing fiscal year. The assessment owed by each county equals:

      (a) For the first 2 years of operation of the regional facility, the total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the regional facility and multiplied by the number of pupils in the preceding school year in the assessed county.

      (b) For each year subsequent to the second year of operation of the regional facility, unless the counties served by the regional facility enter into an interlocal agreement to the contrary, the total of:

             (1) The total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the regional facility, multiplied by the number of pupils in the preceding school year in the assessed county and multiplied by one-fourth; and

             (2) The total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils who were served by the regional facility in the preceding school year from all counties served by the regional facility, multiplied by the number of pupils who were served by the regional facility in the preceding school year from the assessed county and multiplied by three-fourths.

      3.  Each county shall pay the assessment required pursuant to subsection 1 to the treasurer of the county if the regional facility is operated by a county or to the administrative entity responsible for the operation of the regional facility in quarterly installments that are due on the first day of the first month of each calendar quarter. The money must be accounted for separately and may only be withdrawn by the administrator of the regional facility.

      4.  The board of county commissioners of each county may pay the assessment from revenue raised by a tax levied pursuant to NRS 354.59818, any other available money, or a combination thereof.

      5.  The provisions of this section do not apply to a county whose population is 700,000 or more.

      6.  As used in this section, “regional facility for the treatment and rehabilitation of children” or “regional facility” does not include the facility in Douglas County known as China Spring Youth Camp.

      (Added to NRS by 2003, 1085; A 2011, 1139; 2017, 4385)

      NRS 62B.165  Counties to pay assessment for activities of Youth Parole Bureau; approval for county to carry out provisions relating to parole; exemption from assessment.

      1.  Unless an exemption is approved pursuant to subsection 4, each county shall pay an assessment for the activities of the Youth Parole Bureau that are necessary to carry out the provisions of NRS 63.700 to 63.780, inclusive.

      2.  The assessment owed by each county equals the total amount budgeted by the Legislature for the operation of the Youth Parole Bureau, divided by the total number of pupils enrolled in grades 7 through 12 in public schools in this State in the preceding school year and multiplied by the number of pupils enrolled in grades 7 through 12 in public schools in the assessed county. The Administrator of the Division of Child and Family Services shall calculate the assessment owed by each county in June of each year for the ensuing fiscal year.

      3.  Each county must pay the assessed amount to the Division of Child and Family Services in quarterly installments that are due the first day of the first month of each calendar quarter.

      4.  A county may submit a proposal to the Governor for the county to carry out the provisions of NRS 63.700 to 63.780, inclusive, with respect to any child released from a state facility for the detention of children who resides within the county. If the Governor approves the proposal, the Governor must submit a recommendation to the Interim Finance Committee to exempt the county from the assessment required pursuant to subsection 1. The Interim Finance Committee, upon receiving the recommendation from the Governor, shall consider the proposal and determine whether to approve the exemption. In considering whether to approve the exemption, the Interim Finance Committee shall consider, among other things, the best interests of the State, the effect of the exemption and the intent of the Legislature in requiring the assessment to be paid by each county.

      (Added to NRS by 2011, 2519)

INSTITUTIONS, AGENCIES OR FACILITIES TO WHICH CHILD IS COMMITTED

General Provisions

      NRS 62B.200  Powers and duties of counties to provide facilities for detention of children and alternative programs.

      1.  The board of county commissioners:

      (a) In a county whose population is 55,000 or more, shall provide a facility for the detention of children.

      (b) In all other counties, may provide a facility for the detention of children.

      2.  The boards of county commissioners of two or more counties, without regard to the population of the counties, may provide a combined facility for the detention of children under terms agreed upon by the boards of county commissioners and the juvenile courts of the affected judicial districts.

      3.  In addition to any facilities for the detention of children, a board of county commissioners may establish or maintain programs which provide alternatives to placing a child in a facility for the detention of children.

      (Added to NRS by 2003, 1084; A 2011, 1140)

      NRS 62B.210  Conduct and location of facilities for detention of children.

      1.  Any facility for the detention of children:

      (a) Must be constructed and conducted as nearly like a home as possible;

      (b) Must not be deemed to be or treated as a penal institution; and

      (c) Except as otherwise provided in subsection 2, must not adjoin, be located on the same grounds as, or share common facilities or common grounds with a prison, an adult jail or an adult lockup.

      2.  If a facility for the detention of children complies with the provisions of 28 C.F.R. § 31.303 relating to collocated facilities, the facility for the detention of children may adjoin, be located on the same grounds as, or share common facilities or common grounds with an adult jail or an adult lockup.

      (Added to NRS by 2003, 1084)

      NRS 62B.212  Treatment of child in accordance with gender identity or expression; compliance with Prison Rape Elimination Act; regulations concerning appropriate placement of child.

      1.  A public or private institution or agency to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, shall:

      (a) Treat each child that a juvenile court commits to the institution or agency in all respects in accordance with the child’s gender identity or expression and the regulations adopted by the Division of Child and Family Services pursuant to subsection 2; and

      (b) To the extent applicable, comply with the Prison Rape Elimination Act, 34 U.S.C. §§ 30305 et seq., and all standards adopted pursuant thereto.

      2.  The Division of Child and Family Services shall adopt regulations establishing factors for a juvenile court to consider before committing a child to a public or private institution or agency, including, without limitation, a facility for the detention of children, and protocols for such an institution or agency to follow when placing a child within the institution or agency that ensure that each child who is so committed is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:

      (a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities, mental health facilities and receiving centers or who have resided in such settings;

      (b) Representatives of each agency which provides child welfare services in this State;

      (c) Representatives of state and local facilities for the detention of children;

      (d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;

      (e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;

      (f) Representatives of juvenile courts and family courts;

      (g) Advocates of children; and

      (h) Any other person deemed appropriate by the Division of Child and Family Services.

      3.  A juvenile court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before committing a child to a public or private institution or agency, including, without limitation, a facility for the detention of children.

      4.  A public or private institution or agency to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing a child within the facility.

      5.  As used in this section:

      (a) “Child care facility” has the meaning ascribed to it in NRS 432A.024.

      (b) “Foster home” has the meaning ascribed to it in NRS 424.014.

      (c) “Gender identity or expression” has the meaning ascribed to it in NRS 424.0145.

      (d) “Receiving center” has the meaning ascribed to it in NRS 424.0175.

      (Added to NRS by 2017, 27; A 2021, 2653)

      NRS 62B.215  Conditions and limitations on use of corrective room restriction by certain facilities for detention or treatment and rehabilitation of children; reporting requirement.

      1.  A child who is detained in a local facility for the detention of children or committed to a regional facility for the treatment and rehabilitation of children 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 local facility for the detention of children or regional facility for the treatment and rehabilitation of children 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 local facility for the detention of children or regional facility for the treatment and rehabilitation of children shall not subject a child to corrective room restriction for more than 72 consecutive hours.

      7.  Each local facility for the detention of children and regional facility for the treatment and rehabilitation of children 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 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, 1520; A 2017, 4386)

      NRS 62B.220  Detention facility to develop and implement plan for care of children during disaster.

      1.  A facility for the detention of children to which a juvenile court commits a child 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 62B.230  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 62B.240  Adoption of certain policies relating to medical care and medications for children; employees to receive copy of policy.

      1.  A public or private institution or agency to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, 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.  Such an institution or agency shall ensure that each employee of the institution or agency who will administer medication to a child at the institution or agency receives a copy of and understands the policy adopted pursuant to subsection 1.

      (Added to NRS by 2011, 1360)

      NRS 62B.245  Responsibility for administration and payment of medical care received by child in custody of facility for the detention of children.

      1.  Every local facility for the detention of children shall arrange for the administration of medical care required by any child who is in the custody of the facility.

      2.  The county shall pay for the costs of the medical care for the child if:

      (a) The parent or legal guardian of the child does not have medical insurance for the child or the child is not otherwise eligible for medical assistance under Medicaid; and

      (b) The medical care required is:

             (1) Treatment for injuries incurred by the child while the child was in the custody of the facility;

             (2) Treatment for any infectious, contagious or communicable disease the child contracted while in the custody of the facility; or

             (3) A medical examination required by law or court order, unless the court order otherwise provides that the cost must be paid from a source other than the county.

      3.  If the parent or legal guardian of the child has medical insurance for the child or the child is otherwise eligible for medical assistance under Medicaid, the parent or legal guardian, as applicable, is responsible for the cost of the medical care described in subsection 2.

      4.  Regardless of whether the parent or legal guardian of the child has medical insurance for the child or whether the child is otherwise eligible for medical assistance under Medicaid, the parent or guardian, as applicable, shall pay for the costs of the medical care for the child if such care is required for:

      (a) Injuries incurred by the child during the violation of any state or local law, ordinance, or rule or regulation having the force of law;

      (b) Injuries incurred by the child during or pursuant to being taken into custody;

      (c) Injuries or illnesses which existed before the child was taken into the custody of the facility;

      (d) Injuries that were self-inflicted by the child while in the custody of the facility; and

      (e) Except as otherwise provided in subsection 2, any other injury or illness incurred by the child while in the custody of the facility.

      (Added to NRS by 2019, 1956)

      NRS 62B.250  Training required for certain employees; regulations.

      1.  A public or private institution or agency to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, shall ensure that each employee who comes into direct contact with children who are in custody receives training within 90 days after employment and annually thereafter. Such training must be approved by the Division of Child and Family Services and 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 institution or agency;

      (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 institution or agency;

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

      (h) Working with gay, lesbian, bisexual, transgender and questioning children; and

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

      2.  The Division of Child and Family Services shall adopt regulations necessary to carry out the provisions of this section.

      (Added to NRS by 2007, 1193; A 2017, 28)

Background Investigation of Employees of Institutions, Agencies and Facilities to Which Child Is Committed

      NRS 62B.260  “Licensing authority” defined.  As used in NRS 62B.260 to 62B.280, inclusive, “licensing authority” means the governmental entity which licenses and regulates a private institution to which a juvenile court commits a child, including without limitation, a facility for the detention of children.

      (Added to NRS by 2011, 3549)

      NRS 62B.265  Provisions not applicable to certain private institutions.  The provisions of NRS 62B.260 to 62B.280, inclusive, do not apply to a private institution to which a juvenile court commits a child, including without limitation, a facility for the detention of children, if the private institution is required to comply with similar requirements as a condition for licensure in this State.

      (Added to NRS by 2011, 3549)

      NRS 62B.270  Background investigation required; charge for investigation; periodic additional investigations.

      1.  A public institution or agency to which a juvenile court commits a child or the licensing authority of a private institution to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, shall secure from appropriate law enforcement agencies information on the background and personal history of each employee of the institution or agency to determine:

      (a) Whether the employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

             (2) Any other felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

             (3) Assault with intent to kill or to commit sexual assault or mayhem;

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure, an offense involving pornography and a minor or any other sexually related crime;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive, other than a violation of NRS 201.354 or 201.353 by engaging in prostitution;

            (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083;

            (10) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS within the immediately preceding 3 years;

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

             (13) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

             (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the employee for a crime listed in paragraph (a).

      2.  An employee of the public or private institution or agency must submit to the public institution or agency or the licensing authority, as applicable, a complete set of fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  The public institution or agency or the licensing authority, as applicable, may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted.

      4.  The public institution or agency or the licensing authority, as applicable, may charge an employee investigated pursuant to this section for the reasonable cost of that investigation.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the public institution or agency or the licensing authority, as applicable, for a determination of whether the employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

      6.  A person who is required to submit to an investigation required pursuant to this section shall not have contact with a child without supervision in a public or private institution or agency to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, before the investigation of the background and personal history of the person has been conducted.

      7.  The public institution or agency or the licensing authority, as applicable, shall conduct an investigation of each employee of the institution or agency pursuant to this section at least once every 5 years after the initial investigation.

      8.  For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 begins when the employee is arrested for such a crime and ends when:

      (a) A determination is made as to the guilt or innocence of the employee with regard to such a crime at a trial or by a plea; or

      (b) The prosecuting attorney makes a determination to:

             (1) Decline charging the employee with a crime listed in paragraph (a) of subsection 1; or

             (2) Proceed with charges against the employee for only one or more crimes not listed in paragraph (a) of subsection 1.

      (Added to NRS by 2011, 3549; A 2015, 814; 2021, 3472)

      NRS 62B.275  Termination of employment for certain pending criminal charges or conviction of certain crimes; correction of information concerning conviction; waiver of requirement to terminate employment; exception.

      1.  Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 62B.270 or evidence from any other source that an employee of a public institution or agency to which a juvenile court commits a child or the licensing authority of a private institution to which a juvenile court commits a child, including, without limitation, a facility for the detention of children:

      (a) Has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62B.270:

             (1) The public institution or agency may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or

             (2) The licensing authority of the private institution shall inform the private institution of the receipt of the information or evidence, and the institution may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or

      (b) Except as otherwise provided in subsection 4, has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62B.270:

             (1) The public institution or agency shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or

             (2) The licensing authority of the private institution shall inform the private institution of the receipt of the information or evidence, and the institution shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2.

      2.  If an employee believes that the information provided to the public institution or agency or the licensing authority by the Central Repository pursuant to NRS 62B.270 is incorrect, the employee must inform his or her employing institution or agency immediately. An institution or agency that is so informed shall give the employee a reasonable amount of time of not less than 30 days to correct the information.

      3.  During the period in which an employee seeks to correct information pursuant to subsection 2, it is within the discretion of the employing institution or agency whether to allow the employee to continue to work for the institution or agency, as applicable, except that the employee shall not have contact with a child in the institution or agency without supervision during such period.

      4.  Except as otherwise provided in subsection 5, a public or private institution or agency to which a juvenile court commits a child may waive the requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62B.270 if the institution or agency adopts and applies an objective weighing test in accordance with this subsection. The objective weighing test must include factors the institution or agency will consider when making a determination as to whether to waive such a requirement, including, without limitation:

      (a) The age, maturity and capacity of the employee at the time of his or her conviction;

      (b) The length of time since the employee committed the crime;

      (c) Any participation by the employee in rehabilitative services; and

      (d) The relevance of the crime to the position in which the employee is employed.

      5.  The requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62B.270 may not be waived through the use of the objective weighing test if:

      (a) The crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed; or

      (b) The information concerning the conviction was obtained pursuant to a second or subsequent background investigation concerning the employee that is conducted by the public or private institution or agency.

      6.  A public or private institution or agency to which a juvenile court commits a child shall, with regard to each employee to whom the institution or agency applies the objective weighing test pursuant to subsection 4:

      (a) Track the age, race and ethnicity of the employee, the position in which the employee is employed and the determination made by the institution or agency; and

      (b) Review such data not less than once every 2 years to determine the efficacy of the objective weighing test and whether the data indicates the presence of any implicit bias.

      7.  The determination made by a public or private institution or agency to which a juvenile court commits a child with regard to an employee to whom the institution or agency applies the objective weighing test is final.

      8.  For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 of NRS 62B.270 begins and ends as set forth in subsection 8 of that section.

      (Added to NRS by 2011, 3550; A 2021, 2629, 3474)

      NRS 62B.280  Maintenance of records.

      1.  Each public institution or agency to which a juvenile court commits a child and each licensing authority of a private institution to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, and each licensing agency shall maintain accurate records of the information concerning an employee collected pursuant to NRS 62B.270 and 62B.275 for the period of the employee’s employment with his or her employing institution or agency, including, without limitation:

      (a) A copy of the fingerprints that were submitted to the Central Repository and a copy of the written authorization that was provided by the employee;

      (b) Proof that the fingerprints of the employee were submitted to the Central Repository; and

      (c) Any other documentation of the information collected pursuant to NRS 62B.270 and 62B.275.

      2.  The records maintained pursuant to subsection 1 must be:

      (a) Maintained for the period of the employee’s employment with his or her employing institution or agency; and

      (b) Made available for inspection by the Division of Child and Family Services at any reasonable time, and copies thereof must be furnished to the Division upon request.

      (Added to NRS by 2011, 3551)

JURISDICTION

      NRS 62B.300  Exercise of jurisdiction by district courts; district courts termed juvenile courts for that purpose.  The district courts:

      1.  To the extent specified in this title, shall have and exercise jurisdiction in all proceedings conducted pursuant to this title; and

      2.  When exercising jurisdiction pursuant to the provisions of this title, shall be termed juvenile courts.

      (Added to NRS by 2003, 1027)

      NRS 62B.310  Exclusive jurisdiction; exceptions; powers of other courts.

      1.  If the juvenile court exercises jurisdiction over a child regarding any matter within the purview of this title, another court may not exercise jurisdiction over the child regarding that matter, unless the juvenile court:

      (a) Certifies the child for proper criminal proceedings as an adult pursuant to the provisions of this title; or

      (b) Transfers the case to another court pursuant to the provisions of this title.

      2.  The provisions of this title do not deprive another court of the right to determine:

      (a) The custody of the child upon a writ of habeas corpus; or

      (b) The custody or guardianship of the child in a case involving divorce or problems of domestic relations.

      (Added to NRS by 2003, 1030)

      NRS 62B.320  Child in need of supervision.

      1.  Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is alleged or adjudicated to be in need of supervision because the child:

      (a) Is subject to compulsory school enrollment and attendance and is a habitual truant from school;

      (b) Habitually disobeys the reasonable and lawful demands of the parent or guardian of the child and is unmanageable;

      (c) Deserts, abandons or runs away from the home or usual place of abode of the child and is in need of care or rehabilitation;

      (d) Uses an electronic communication device to transmit or distribute a sexual image of himself or herself to another person or to possess a sexual image in violation of NRS 200.737;

      (e) Transmits or distributes an image of bullying committed against a minor in violation of NRS 200.900;

      (f) Violates a county or municipal ordinance imposing a curfew on a child;

      (g) Violates a county or municipal ordinance restricting loitering by a child;

      (h) Commits an offense related to tobacco; or

      (i) Commits an alcohol or marijuana offense that is punishable pursuant to paragraph (a) of subsection 1 of NRS 62E.173.

      2.  A child who is subject to the jurisdiction of the juvenile court pursuant to this section must not be considered a delinquent child.

      3.  The provisions of subsection 1 do not prohibit the imposition of administrative sanctions pursuant to NRS 392.148 against a child who is subject to compulsory school enrollment and attendance and is a habitual truant from school.

      4.  As used in this section:

      (a) “Alcohol or marijuana offense” has the meaning ascribed to it in NRS 62E.173.

      (b) “Bullying” means a willful act which is written, verbal or physical, or a course of conduct on the part of one or more persons which is not otherwise authorized by law and which exposes a person one time or repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person and:

             (1) Is intended to cause or actually causes the person to suffer harm or serious emotional distress;

             (2) Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person;

             (3) Places the person in reasonable fear of harm or serious emotional distress; or

             (4) Creates an environment which is hostile to a pupil by interfering with the education of the pupil.

      (c) “Electronic communication device” has the meaning ascribed to it in NRS 200.737.

      (d) “Sexual image” has the meaning ascribed to it in NRS 200.737.

      (Added to NRS by 2003, 1028; A 2011, 1062; 2013, 713, 1527, 1635, 2462; 2021, 853; 2023, 1220)

      NRS 62B.330  Child alleged or adjudicated to have committed delinquent act; acts deemed not to be delinquent.

      1.  Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction over a child living or found within the county who is alleged or adjudicated to have committed a delinquent act.

      2.  For the purposes of this section, a child commits a delinquent act if the child:

      (a) Violates a county or municipal ordinance other than those:

             (1) Specified in paragraph (f) or (g) of subsection 1 of NRS 62B.320;

             (2) Concerning an offense related to tobacco; or

             (3) Relating to the consumption or possession of alcohol or the possession of 1 ounce or less of marijuana that are punishable pursuant to paragraph (a) of subsection 1 of NRS 62E.173.

      (b) Violates any rule or regulation having the force of law; or

      (c) Commits an act designated a criminal offense pursuant to the laws of the State of Nevada.

      3.  For the purposes of this section, each of the following acts shall be deemed not to be a delinquent act, and the juvenile court does not have jurisdiction over a person who is charged with committing such an act:

      (a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense, if the person was 16 years of age or older when the murder or attempted murder was committed.

      (b) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:

             (1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and

             (2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.

      (c) A category A or B felony and any other related offense arising out of the same facts as the category A or B felony, regardless of the nature of the related offense, if the person was at least 16 years of age but less than 18 years of age when the offense was committed, and:

             (1) The person is not identified by law enforcement as having committed the offense and charged before the person is at least 20 years, 3 months of age, but less than 21 years of age; or

             (2) The person is not identified by law enforcement as having committed the offense until the person reaches 21 years of age.

      (d) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.

      (Added to NRS by 2003, 1029; A 2009, 50; 2013, 713, 1527, 2901; 2021, 854, 3420)

      NRS 62B.335  Jurisdiction over adult charged with certain delinquent acts committed as child.

      1.  If:

      (a) A person is charged with the commission of a delinquent act that occurred when the person was at least 16 years of age but less than 18 years of age;

      (b) The delinquent act would have been a category A or B felony if committed by an adult;

      (c) The person is identified by law enforcement as having committed the delinquent act before the person reaches 21 years of age; and

      (d) The person is apprehended by law enforcement after the person reaches 21 years of age,

Ê the juvenile court has jurisdiction over the person to conduct a hearing and make the determinations required by this section in accordance with the provisions of this section.

      2.  The juvenile court shall conduct a hearing to determine whether there is probable cause to believe that the person committed the delinquent act.

      3.  If the juvenile court determines that there is not probable cause to believe that the person committed the delinquent act, the juvenile court shall dismiss the charges and discharge the person.

      4.  If the juvenile court determines that there is probable cause to believe that the person committed the delinquent act, the juvenile court shall determine whether, based upon the interests of justice and the need for protection of the public, to:

      (a) Dismiss the charges; or

      (b) Transfer the case for proper criminal proceedings to any court that would have jurisdiction over the delinquent act if the delinquent act were committed by an adult.

      5.  In determining the interests of justice and the need for protection of the public, the juvenile court shall consider:

      (a) The number, date, nature and gravity of the delinquent acts committed by the person.

      (b) Whether the delinquent acts involved the use of a weapon, violence or infliction of serious bodily injury.

      (c) The impact to any victim of the person.

      (d) The extent to which the person has already received punishment, counseling, therapy or treatment after the commission of the delinquent acts, and the response of the person to any such punishment, counseling, therapy or treatment.

      (e) The behavior of the person since the date on which the person committed the delinquent acts, including, without limitation, the character, maturity, educational progress and work history of the person.

      (f) Any evidence that the person engaged in recent threats against any person or expressed the intent to commit a crime in the future.

      (g) Psychological or psychiatric evidence that indicates a risk of recidivism.

      (h) Any emotional or mental health condition that existed at the time of the commission of the delinquent act.

      (i) Any physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness.

      (j) Any other factor the juvenile court finds relevant.

      6.  If the case is transferred for criminal proceedings pursuant to this section, the court shall also transfer any other related offense arising out of the same facts as the delinquent act, regardless of the nature of the related offense.

      7.  The court to which the case is transferred has original jurisdiction over the person.

      8.  A person held in custody pursuant to this section must be held in the state prison, a county or city jail or detention facility for adults and is entitled to bail as established in criminal proceedings.

      (Added to NRS by 2009, 49)

      NRS 62B.340  Child who is on probation or who violates condition of parole.  The juvenile court has exclusive original jurisdiction over any child who is:

      1.  On probation; or

      2.  Released on parole from a state facility for the detention of children and who violates any condition of the child’s parole.

      (Added to NRS by 2003, 1029)

      NRS 62B.350  Adults; stepparents; rights and remedies of adults subject to jurisdiction.

      1.  The juvenile court has jurisdiction over adults to the extent that such jurisdiction is incidental and necessary to its jurisdiction over children.

      2.  A stepparent of a child is subject to the same court orders as a natural parent or adoptive parent of the child.

      3.  An adult who is subject to the jurisdiction of the juvenile court:

      (a) Is subject to the provisions of NRS 62E.040; and

      (b) Has available all the rights, remedies and writs guaranteed by the Constitution of the United States and the Constitution and the laws of this State to a defendant who is charged with having committed a criminal offense in this State.

      (Added to NRS by 2003, 1032)

      NRS 62B.360  No jurisdiction over child subject to exclusive jurisdiction of Indian tribe.  The juvenile court does not have jurisdiction over a child who is subject to the exclusive jurisdiction of an Indian tribe.

      (Added to NRS by 2003, 1028)

      NRS 62B.370  When court must transfer case to juvenile court.

      1.  Except as otherwise provided in this title, a court shall transfer a case and record to the juvenile court if, during the pendency of a proceeding involving a criminal offense, it is ascertained that the person who is charged with the offense was less than 18 years of age when the person allegedly committed the offense.

      2.  A court shall not transfer a case and record to the juvenile court if the proceeding involves a criminal offense:

      (a) Excluded from the original jurisdiction of the juvenile court pursuant to NRS 62B.330; or

      (b) Transferred to the court pursuant to NRS 62B.335.

      3.  A court making a transfer pursuant to this section shall:

      (a) Order the child to be taken immediately to the place of detention designated by the juvenile court;

      (b) Order the child to be taken immediately to appear before the juvenile court; or

      (c) Release the child to the custody of a suitable person and order the child to be brought before the juvenile court at a time designated by the juvenile court.

      (Added to NRS by 2003, 1030; A 2009, 51)

      NRS 62B.380  Transfer of cases involving minor traffic offenses to other courts.

      1.  If a child is charged with a minor traffic offense, the juvenile court may transfer the case and record to a Justice Court or municipal court if the juvenile court determines that the transfer is in the best interests of the child.

      2.  If a case is transferred pursuant to this section:

      (a) The restrictions set forth in NRS 62C.030 are applicable in those proceedings; and

      (b) A parent or guardian must accompany the child at all proceedings.

      3.  If the juvenile court transfers a case and record to a Justice Court or municipal court pursuant to this section, the Justice Court or municipal court may transfer the case and record back to the juvenile court with the consent of the juvenile court.

      (Added to NRS by 2003, 1030)

      NRS 62B.390  Certification of child for criminal proceedings as adult.

      1.  Except as otherwise provided in NRS 62B.400, upon a motion by the district attorney and after a full investigation, the juvenile court may certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the child:

      (a) Except as otherwise provided in paragraph (b), is charged with an offense that would have been a felony if committed by an adult and was 14 years of age or older at the time the child allegedly committed the offense; or

      (b) Is charged with murder or attempted murder and was 13 years of age or older when the murder or attempted murder was committed.

      2.  If a child is certified for criminal proceedings as an adult pursuant to subsection 1, the juvenile court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the offense for which the child was certified, regardless of the nature of the related offense.

      3.  If a child has been certified for criminal proceedings as an adult pursuant to subsection 1 and the child’s case has been transferred out of the juvenile court:

      (a) The court to which the case has been transferred has original jurisdiction over the child;

      (b) The child may petition for transfer of the case back to the juvenile court only upon a showing of exceptional circumstances; and

      (c) If the child’s case is transferred back to the juvenile court, the juvenile court shall determine whether the exceptional circumstances warrant accepting jurisdiction.

      (Added to NRS by 2003, 1030; A 2003, 1511; 2009, 238; 2013, 2902; 2021, 3421)

      NRS 62B.400  Child who escapes or attempts escape from facility for detention of juveniles deemed escaped prisoner; when court may certify such child for criminal proceedings; when deemed delinquent act.

      1.  A child shall be deemed to be a prisoner who has escaped or attempted to escape from lawful custody in violation of NRS 212.090, and proceedings may be brought against the child pursuant to the provisions of this section, if the child:

      (a) Is committed to or otherwise is placed in a public or private facility for the detention or correctional care of children, including, but not limited to, all state, regional and local facilities for the detention of children; and

      (b) Escapes or attempts to escape from such a facility.

      2.  Upon a motion by the district attorney and after a full investigation, the juvenile court may certify the child for criminal proceedings as an adult pursuant to subsection 1 of NRS 62B.390 if the child was 14 years of age or older at the time of the escape or attempted escape and:

      (a) The child was committed to or placed in the facility from which the child escaped or attempted to escape because the child had been charged with or had been adjudicated delinquent for an unlawful act that would have been a felony if committed by an adult; or

      (b) The child or another person aiding the child used a dangerous weapon to facilitate the escape or attempted escape.

      3.  If the child is certified for criminal proceedings as an adult pursuant to subsection 2, the juvenile court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the escape or attempted escape, regardless of the nature of the related offense.

      4.  If the child is not certified for criminal proceedings as an adult pursuant to subsection 2 or otherwise is not subject to the provisions of subsection 2, the escape or attempted escape shall be deemed to be a delinquent act, and proceedings may be brought against the child pursuant to the provisions of this title.

      (Added to NRS by 2003, 1031)

      NRS 62B.410  Termination and retention of jurisdiction.  Except as otherwise provided in NRS 62F.110, 62F.310 and 62F.340, if a child is subject to the jurisdiction of the juvenile court, the juvenile court:

      1.  May terminate its jurisdiction concerning the child at any time, either on its own volition or for good cause shown; or

      2.  May retain jurisdiction over the child until the child reaches 21 years of age.

      (Added to NRS by 2003, 1030; A 2017, 2973)

      NRS 62B.420  Jurisdiction to enter civil judgments under certain circumstances; enforcement and collection of such judgments.

      1.  Except as otherwise provided in this subsection, if, pursuant to this title, a child or a parent or guardian of a child is ordered by the juvenile court to pay a fine or restitution or to make any other payment and the fine, restitution or other payment or any part of it remains unpaid after the time established by the juvenile court for its payment, the juvenile court may enter a civil judgment against the child or the parent or guardian of the child for the amount due in favor of the victim, the state or local entity to whom the amount is owed or both. The juvenile court may not enter a civil judgment against a person who is a child unless the person has attained the age of 18 years, the person is a child who is determined to be outside the jurisdiction of the juvenile court pursuant to NRS 62B.330 or 62B.335 or the person is a child who is certified for proper criminal proceedings as an adult pursuant to NRS 62B.390.

      2.  Notwithstanding the termination of the jurisdiction of the juvenile court pursuant to NRS 62B.410 or the termination of any period of supervision or probation ordered by the juvenile court, the juvenile court retains jurisdiction over any civil judgment entered pursuant to subsection 1 and retains jurisdiction over the person against whom a civil judgment is entered pursuant to subsection 1. The juvenile court may supervise the civil judgment and take any of the actions authorized by the laws of this State.

      3.  A civil judgment entered pursuant to subsection 1 may be enforced and renewed in the manner provided by law for the enforcement and renewal of a judgment for money rendered in a civil action. A judgment which requires a parent or guardian of a child to pay restitution does not expire until the judgment is satisfied. An independent action to enforce a judgment that requires a parent or guardian of a child to pay restitution may be commenced at any time.

      4.  In addition to attempting to collect the judgment through any other lawful means, a victim, a representative of the victim or a state or local entity that is responsible for collecting a civil judgment entered pursuant to subsection 1 may take any or all of the following actions:

      (a) Except as otherwise provided in this paragraph, report the judgment to reporting agencies that assemble or evaluate information concerning credit. If the judgment was entered against a person who was less than 21 years of age at the time the judgment was entered, the judgment cannot be reported pursuant to this paragraph until the person reaches 21 years of age.

      (b) Request that the juvenile court take appropriate action pursuant to subsection 5.

      (c) Contract with a collection agency licensed pursuant to NRS 649.075 to collect the judgment.

      5.  If the juvenile court determines that a child or the parent or guardian of a child against whom a civil judgment has been entered pursuant to subsection 1 has failed to make reasonable efforts to satisfy the civil judgment, the juvenile court may take any of the following actions:

      (a) Order the suspension of the driver’s license of a child for a period not to exceed 1 year. If the child is already the subject of a court order suspending the driver’s license of the child, the juvenile court may order the additional suspension to apply consecutively with the previous order. At the time the juvenile court issues an order suspending the driver’s license of a child pursuant to this paragraph, the juvenile court shall require the child to surrender to the juvenile court all driver’s licenses then held by the child. The juvenile court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles the licenses, together with a copy of the order. The Department of Motor Vehicles shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the driving record of a child, but such a suspension must not be considered for the purpose of rating or underwriting.

      (b) If a child does not possess a driver’s license, prohibit the child from applying for a driver’s license for a period not to exceed 1 year. If the child is already the subject of a court order delaying the issuance of a license to drive, the juvenile court may order any additional delay in the ability of the child to apply for a driver’s license to apply consecutively with the previous order. At the time the juvenile court issues an order pursuant to this paragraph delaying the ability of a child to apply for a driver’s license, the juvenile court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order.

      (c) If the civil judgment was issued for a delinquent fine, order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.

      (d) Enter a finding of contempt against a child or the parent or guardian of a child and punish the child or the parent or guardian for contempt in the manner provided in NRS 62E.040. A person who is indigent may not be punished for contempt pursuant to this paragraph.

      (Added to NRS by 2013, 532; A 2015, 906, 2577; 2019, 1958)

JUVENILE JUSTICE BILL OF RIGHTS

      NRS 62B.500  Short title.  NRS 62B.500 to 62B.530, inclusive, may be cited as the Juvenile Justice Bill of Rights.

      (Added to NRS by 2017, 744)

      NRS 62B.505  “Detention facility” defined.  As used in NRS 62B.500 to 62B.530, inclusive, “detention facility” includes a:

      1.  Local facility for the detention of children; and

      2.  State facility for the detention of children.

      (Added to NRS by 2017, 744)

      NRS 62B.510  Rights of child placed in detention facility.  Except as otherwise provided in NRS 62B.520, a child who is placed in the care and custody of a detention facility within this State has the right:

      1.  To receive information concerning his or her rights set forth in this title.

      2.  To be treated with basic human dignity and respect, without intentional infliction of humiliation.

      3.  To have fair and equal access to services, placement, care, treatment and benefits.

      4.  To a program of education that meets the requirements of law and is appropriate for the developmental maturity of the child.

      5.  To receive adequate, healthy and appropriate food.

      6.  To receive adequate, appropriate and accessible basic necessities, including, without limitation, shelter, clean clothing and personal hygiene products and facilities.

      7.  To have access to necessary medical and behavioral health care services, including, without limitation:

      (a) Dental, vision and mental health services;

      (b) Medical and psychological screening, assessment and testing; and

      (c) Referral to and receipt of medical, emotional, psychological or psychiatric evaluation and treatment as soon as practicable after the need for such services has been identified.

      8.  To be free from:

      (a) Abuse or neglect, as defined in NRS 432B.020.

      (b) Corporal punishment, as defined in NRS 388.478, except the reasonable use of force that is necessary to preserve the order, security or safety of the child, the public, the staff of the detention facility or other children who are detained in the detention facility.

      (c) The administration of psychotropic medication unless the administration is consistent with the policies established pursuant to NRS 62B.530.

      (d) Discrimination or harassment on the basis of his or her actual or perceived race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity or expression, mental or physical disability or exposure to any communicable disease.

      (e) The deprivation of food, sleep, exercise, education, pillows, blankets or personal hygiene products as a form of punishment or discipline.

      (f) Being searched for the purpose of harassment or as a form of punishment or discipline.

      (g) Being restricted from a daily shower, clean clothing, drinking water, a toilet or reading materials relating to the education or detention of the child as a form of punishment or discipline.

      9.  To have reasonable access and accommodations to participate in religious services of his or her choice when reasonably available on the premises of the detention facility or to refuse to participate in religious services.

      10.  To communicate with other persons, including, without limitation, the right:

      (a) To have regular contact through visits, telephone calls and mail with:

             (1) Biological children;

             (2) Parents;

             (3) Guardians;

             (4) Attorneys; and

             (5) Other adults with whom the child has established a familial or mentoring relationship, including, without limitation, clergy, caseworkers, teachers, mentors and other persons, upon approval of the detention facility.

      (b) To communicate confidentially with:

             (1) Any agency which provides child welfare services to the child concerning his or her care;

             (2) Attorneys, legal services organizations and their employees and staff;

             (3) Ombudspersons and other advocates;

             (4) Members of the clergy; and

             (5) Holders of public office, and people who work at a state or federal court.

Ê Except as otherwise provided by specific statute, a communication made pursuant to this paragraph is not a privileged communication.

      (c) To report any alleged violation of his or her rights pursuant to NRS 62B.525 without being threatened or punished.

      11.  To participate, in person, by telephone or by videoconference, in all court hearings pertaining to the circumstances which led to the detention of the child.

      (Added to NRS by 2017, 744)

      NRS 62B.515  Duty of detention facility to provide notice and copies and post written copy of rights.  A detention facility shall:

      1.  Inform the child of his or her rights as set forth in NRS 62B.510;

      2.  Provide the child with a written copy of those rights;

      3.  Provide an additional written copy of those rights to the child upon request;

      4.  To the extent that it is practicable, provide a written copy of those rights to the parent or guardian of the child; and

      5.  Post a written copy of the rights set forth in NRS 62B.510 in a conspicuous place inside the detention facility.

      (Added to NRS by 2017, 746)

      NRS 62B.520  Reasonable restrictions on exercise of rights by child.  A detention facility may impose reasonable restrictions on the time, place and manner in which a child may exercise his or her rights set forth in NRS 62B.510 if such restrictions are necessary to preserve the order, security or safety of the child, the public, the staff of the detention facility or other children who are detained in the detention facility.

      (Added to NRS by 2017, 746)

      NRS 62B.525  Authorized manner for child in detention facility to raise and redress a grievance.  If a child believes that any of his or her rights set forth in NRS 62B.510 have been violated, the child may raise and redress a grievance through, without limitation:

      1.  A member of the staff of the detention facility;

      2.  A probation officer or parole officer;

      3.  An agency which provides child welfare services to the child, and any employee thereof;

      4.  A juvenile court with jurisdiction over the child;

      5.  A guardian ad litem for the child;

      6.  An attorney for the child; or

      7.  The use of any appropriate procedure which has been established by the Division of Child and Family Services to address grievances for children, both in and out of detention.

      (Added to NRS by 2017, 746)

      NRS 62B.530  Detention facilities to establish policies concerning accessibility, administration and concurrent use of psychotropic medication for children.  Each detention facility shall establish appropriate policies to ensure that children who are detained in the detention facility have timely access to and safe administration of clinically appropriate psychotropic medication. The policies must include, without limitation, policies concerning:

      1.  The use of psychotropic medication in a manner that has not been tested or approved by the United States Food and Drug Administration, including, without limitation, the use of such medication for a child who is of an age that has not been tested or approved or who has a condition for which the use of the medication has not been tested or approved;

      2.  The concurrent use by a child of three or more classes of psychotropic medication; and

      3.  The concurrent use by a child of two psychotropic medications of the same class.

      (Added to NRS by 2017, 746)

MEASURES TO IMPROVE OUTCOMES FOR YOUTH IN JUVENILE JUSTICE SYSTEM

      NRS 62B.600  Juvenile Justice Oversight Commission: Establishment; membership; terms of members; compensation; quorum; meetings.

      1.  The Juvenile Justice Oversight Commission is hereby established.

      2.  The Commission consists of the Governor or his or her designee and 25 members appointed by the Governor. The Governor shall appoint to the Commission:

      (a) Two members nominated by the Senate, who are not members of the Senate or public officers.

      (b) Two members nominated by the Assembly, who are not members of the Assembly or public officers.

      (c) Two members nominated by the Supreme Court, who are not judges, justices or public officers.

      (d) The Administrator of the Division of Child and Family Services or his or her designee.

      (e) The Deputy Administrator of Juvenile Services of the Division of Child and Family Services or his or her designee.

      (f) Three members who are directors of juvenile services, one each of whom must represent a county whose population:

             (1) Is less than 100,000.

             (2) Is 100,000 or more but less than 700,000.

             (3) Is 700,000 or more.

      (g) Two members who are district attorneys.

      (h) Two members who are public defenders.

      (i) One member who is a representative of a law enforcement agency.

      (j) Two members who are representatives of a nonprofit organization which provides programs to prevent juvenile delinquency.

      (k) One member who is a volunteer who works with children who have been adjudicated delinquent.

      (l) Six members who are under the age of 24 years at the time of appointment.

      3.  At least three of the persons appointed to the Commission pursuant to subsection 2 must be persons who are currently or were formerly subject to the jurisdiction of the juvenile court.

      4.  Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Commission must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. Nine of the initial members of the Commission who are appointed pursuant to subsection 2 must be appointed to an initial term of 1 year. Each member of the Commission continues in office until his or her successor is appointed.

      5.  The members of the Commission serve without compensation but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  A majority of the members of the Commission constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Commission.

      7.  A member of the Commission who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Commission to:

      (a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Commission; or

      (b) Take annual leave or compensatory time for the absence.

      8.  At the first meeting of the Commission and annually thereafter:

      (a) The Governor shall appoint a Chair of the Commission;

      (b) The Commission shall elect a Secretary from among its members; and

      (c) The Commission shall adopt rules for its own management and government.

      9.  The Commission shall:

      (a) Hold its first meeting within 60 days after all the initial appointments to the Commission are made pursuant to subsection 2; and

      (b) Meet at least once every 4 months and may meet at such further times as deemed necessary by the Chair.

      10.  As used in this section, “public officer” has the meaning ascribed to it in NRS 205.4627.

      (Added to NRS by 2017, 4378)

      NRS 62B.605  Advisory Committee to Commission: Establishment; membership; duties; terms of members; compensation; quorum.  Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)

 

      NRS 62B.607  Implicit bias and cultural competency training required for certain persons; regulations. [Effective 9 months after the date on which the regulations adopted by the Division of Child and Family Services of the Department of Health and Human Services pursuant to this section become effective.]

      1.  Any person who, during the scope of his or her employment, has regular and routine contact with juveniles who are involved in the juvenile justice system in this State, including, without limitation, any prosecuting attorney, public defender, peace officer, probation officer, juvenile correctional officer, employee of a state or local facility for the detention of children, employee of a regional facility for the treatment and rehabilitation of children or employee of a prosecuting attorney’s office or public defender’s office, shall complete, in addition to any other required training, training relating to implicit bias and cultural competency provided by his or her employer pursuant to the regulations adopted pursuant to subsection 3. Unless the regulations adopted by the Division of Child and Family Services pursuant to subsection 3 provide otherwise, such training relating to implicit bias and cultural competency must be completed at least once every 2 years.

      2.  The training required by subsection 1 must include, without limitation, instruction that:

      (a) Explains what implicit bias is, where implicit bias comes from, the importance of understanding implicit bias and the negative impacts of implicit bias, and offers examples of actions that can be taken to reduce implicit bias;

      (b) Provides information regarding cultural competency, including, without limitation, sensitivity to the needs of children, lesbian, gay, bisexual and transgender persons, racial and ethnic minorities, religious minorities and women; and

      (c) Provides information regarding:

             (1) Socioeconomic conditions in various areas in this State;

             (2) Historical inequities in the juvenile justice and criminal justice systems; and

             (3) The impact of trauma and adverse child experiences on the decision making and behaviors of children.

      3.  The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section. When adopting such regulations, the Division of Child and Family Services may consult with any person whose assistance the Division of Child and Family Services determines will be helpful.

      4.  The Nevada Supreme Court may provide by court rule for continuing appropriate training concerning implicit bias and cultural competency, incorporating the elements identified in subsection 2, for any magistrate, judge, master or employee in the juvenile court system who regularly and routinely comes into contact with juveniles who are involved in the juvenile justice system.

      5.  As used in this section, “cultural competency” means an understanding of how people and institutions can respond respectfully and effectively to people of all cultures, economic statuses, language backgrounds, races, ethnic backgrounds, disabilities, religions, genders, gender identities or expressions, sexual orientations, veteran statuses and other characteristics in a manner that recognizes, affirms and values the worth and preserves the dignity of people, families and communities.

      (Added to NRS by 2021, 2628, effective 9 months after the date on which the regulations adopted by the Division of Child and Family Services of the Department of Health and Human Services pursuant to this section become effective)

      NRS 62B.610  Establishment of procedures to determine effectiveness of juvenile justice system and outcomes of juveniles; selection of risk assessment tool and mental health screening tool; contract for technical assistance.  In addition to the duties set forth in NRS 62B.615 and 62B.620, the Commission shall:

      1.  On or before July 1, 2018, establish a uniform procedure for the Division of Child and Family Services, the Youth Parole Bureau and each department of juvenile services to use for developing performance measures to determine the effectiveness of the juvenile justice system, including, without limitation, performance measures for juvenile court referrals and dispositions, supervision of a child subject to the jurisdiction of the juvenile court, services provided by agencies which provide juvenile justice services and rates of recidivism.

      2.  On or before July 1, 2018, establish standard procedures for measuring outcomes for a child subject to the jurisdiction of the juvenile court, including, without limitation, standard procedures for measuring and reporting rates of recidivism in accordance with NRS 62H.200, and define any necessary terms.

      3.  On or before January 1, 2018, select:

      (a) A validated risk assessment tool that uses a currently accepted standard of assessment to assist the juvenile court, the Division of Child and Family Services and departments of juvenile services in determining the appropriate actions to take for each child subject to the jurisdiction of the juvenile court; and

      (b) A validated mental health screening tool that uses a currently accepted standard of assessment to determine the appropriate actions to take for each child in need of supervision pursuant to this title.

      4.  Contract with a qualified vendor or provider of technical assistance to assist the Division of Child and Family Services and each department of juvenile services with the implementation of the validated risk assessment tool. Such assistance must include, without limitation, employee training, policy development and the establishment of quality assurance protocols.

      (Added to NRS by 2017, 4380)

      NRS 62B.615  Development of strategic plan relating to use of evidence-based practices in providing services to children; regulations; submission of plan to Legislature.

      1.  The Commission shall develop a 5-year strategic plan that establishes policies and procedures for the Division of Child and Family Services and each department of juvenile services relating to the use of evidence-based practices in providing services to children subject to the jurisdiction of the juvenile court. The plan must include, without limitation:

      (a) Uniform standards that an evidence-based practice or program must follow, including, without limitation, model programs, staffing requirements and quality assurance protocols;

      (b) Strategies, including, without limitation, measurable goals, timelines and responsible parties, to enhance the capacity of the Division of Child and Family Services and each department of juvenile services to:

             (1) Comply with the evidence-based standards developed by the Commission; and

             (2) Partner with treatment providers that offer evidence-based programs for the treatment of children subject to the jurisdiction of the juvenile court;

      (c) A requirement for the collection and reporting of data to the Commission by each department of juvenile services relating to the programs offered and services rendered by each department; and

      (d) Protocols for improvement and corrective action for:

             (1) A department of juvenile services that does not comply with the reporting requirements established pursuant to paragraph (c); and

             (2) A treatment provider that does not comply with the evidence-based standards established by the Commission.

      2.  The Division of Child and Family Services shall adopt regulations to implement the provisions of the strategic plan developed pursuant to subsection 1.

      3.  On or before July 1, 2018, and every 5 years thereafter, the Commission shall submit the strategic plan developed pursuant to subsection 1 to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.

      (Added to NRS by 2017, 4380)

      NRS 62B.620  Annual quality assurance review of each state facility for the detention of children and regional facility for the treatment and rehabilitation of children; facilities to develop facility improvement plan.

      1.  The members of the Commission shall conduct an annual quality assurance review of each state facility for the detention of children and regional facility for the treatment and rehabilitation of children. Each review must use a validated service assessment tool, selected by the Commission, which includes, without limitation:

      (a) An analysis of the facility’s service delivery;

      (b) A review of the facility’s case management procedures;

      (c) A review of the facility’s policies on supervision and behavior management of children placed in the facility; and

      (d) An analysis of the facility’s procedures relating to the release of children from the jurisdiction of the juvenile court.

      2.  Before conducting a review pursuant to subsection 1, a member of the Commission must receive training on the use of the validated service assessment tool selected by the Commission pursuant to subsection 1.

      3.  The members of the Commission who conduct a review pursuant to subsection 1 shall share the results of the review and recommendations for improvement with the facility and the Division of Child and Family Services or a local department of juvenile services.

      4.  A facility shall develop a facility improvement plan, in coordination with the Division of Child and Family Services or a local department of juvenile services, if such a plan is required to address any issues raised in the review. Not more than 60 days after receiving the results of the review and recommendations for improvement pursuant to subsection 3, the facility shall submit the facility improvement plan to the Commission. The Commission shall compile all such facility improvement plans and submit the plans to the Governor and to the Director of the Legislative Counsel Bureau with its annual review.

      (Added to NRS by 2017, 4381)

      NRS 62B.625  Implementation of risk assessment tool and mental health screening tool; compliance with policies and protocols for risk assessment tool; allocation of cost of implementation and operation of tools.

      1.  On or before July 1, 2018, the Division of Child and Family Services and each department of juvenile services shall:

      (a) Implement the validated risk assessment tool and the validated mental health screening tool selected by the Commission pursuant to subsection 3 of NRS 62B.610; and

      (b) Comply with the policies and quality assurance protocols set forth by the qualified vendor or other provider selected to provide technical assistance for the validated risk assessment tool pursuant to subsection 4 of NRS 62B.610.

      2.  The costs of implementing and operating the validated risk assessment tool and the validated mental health screening tool pursuant to subsection 1 must be allocated in the following manner:

      (a) In Fiscal Year 2017-2018, the Division of Child and Family Services pays 100 percent of the costs incurred by each department of juvenile services associated with the validated risk assessment tool and the validated mental health screening tool.

      (b) In Fiscal Year 2018-2019, the Division of Child and Family Services pays 50 percent of the costs incurred by each department of juvenile services associated with the validated risk assessment tool and the validated mental health screening tool.

      (c) In Fiscal Year 2019-2020 and in every subsequent fiscal year, each department of juvenile services is responsible for 100 percent of the costs that the department incurs associated with the validated risk assessment tool and the validated mental health screening tool.

      (Added to NRS by 2017, 4381)

      NRS 62B.630  Percentage of certain State money to be used to develop, promote and coordinate evidence-based programs and practices; certain contracts with treatment providers to require compliance with evidence-based standards.

      1.  Except as otherwise provided in subsection 2 and subject to the provisions of subsection 4, the Division of Child and Family Services and each department of juvenile services that receives money from the State, except money received from the State Plan for Medicaid as a benefit for a child subject to the jurisdiction of a juvenile court, must use such money to develop, promote and coordinate evidence-based programs and practices.

      2.  A department of juvenile services in a county whose population is less than 100,000 must be evaluated for compliance with the requirement set forth in subsection 1 based on the amount of money received from the State, other limitations on resources and the availability of treatment providers in the county.

      3.  A contract or provider agreement between the Division of Child and Family Services or a department of juvenile services and a treatment provider for the provision of any juvenile services that uses money from the State must require the treatment provider to comply with the evidence-based standards developed by the Commission pursuant to NRS 62B.615.

      4.  The Division of Child and Family Services and each department of juvenile services shall use the following percentages of money received from the State as described in subsection 1 to develop, promote and coordinate evidence-based programs and practices:

      (a) In Fiscal Year 2019-2020, 25 percent.

      (b) In Fiscal Year 2020-2021, 50 percent.

      (c) In Fiscal Year 2021-2022, 75 percent.

      (d) In Fiscal Year 2022-2023 and each subsequent fiscal year, 100 percent.

      (Added to NRS by 2017, 4382)

      NRS 62B.635  Establishment of evidence-based program resource center.

      1.  On or before September 1, 2017, the Division of Child and Family Services shall issue a request for proposals to establish an evidence-based program resource center.

      2.  The evidence-based program resource center shall:

      (a) Provide technical assistance to the Division of Child and Family Services, each department of juvenile services and treatment providers to support the implementation and operation of evidence-based programs and practices as set forth in the strategic plan developed by the Commission pursuant to NRS 62B.615;

      (b) Provide on a statewide basis to persons employed in the juvenile justice system training relating to:

             (1) The use of evidence-based programs and practices; and

             (2) The analysis of quality assurance protocols to ensure such programs meet the evidence-based standards developed by the Commission pursuant to NRS 62B.615;

      (c) Act as a clearinghouse for information and statewide resources on evidence-based programs and practices for children subject to the jurisdiction of the juvenile court;

      (d) Facilitate collaboration among state and local agencies and treatment providers to increase access to such providers; and

      (e) Provide support for the assessment of the implementation of evidence-based standards by such state and local agencies.

      (Added to NRS by 2017, 4382)

      NRS 62B.640  Annual report by the Division of Child and Family Services concerning compliance with evidence-based standards and analysis of performance measures.  On or before July 1, 2019, and on or before July 1 of every year thereafter, the Division of Child and Family Services shall submit to the Governor, to the Commission and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature, a report detailing the Division’s compliance with the evidence-based standards developed by the Commission pursuant to NRS 62B.615 and an analysis of the data collected based on the performance measures adopted by the Division pursuant to NRS 62H.200.

      (Added to NRS by 2017, 4383)

      NRS 62B.645  Development and implementation of family engagement plan.  The Division of Child and Family Services and each department of juvenile services shall develop and implement a family engagement plan to enhance family engagement in the juvenile justice system. The plan must include strategies for:

      1.  Increasing the family’s contact with a child subject to the jurisdiction of the juvenile court;

      2.  Engaging family members in the case plan of a child and in planning meetings for the release of the child from the jurisdiction of the juvenile court;

      3.  Involving family members in the child’s treatment; and

      4.  Soliciting the feedback of family members relating to improvements to the services rendered to children subject to the jurisdiction of the juvenile court.

      (Added to NRS by 2017, 4383)

MISCELLANEOUS PROVISIONS

      NRS 62B.700  Program for treatment of children diagnosed with or suspected to have autism spectrum disorder.

      1.  The juvenile court may establish an appropriate program for the treatment of children diagnosed with or suspected to have autism spectrum disorders to which it may assign a child who is alleged or adjudicated to have committed a delinquent act if the child:

      (a) Is diagnosed with, including, without limitation, through the use of a standardized assessment, or suspected to have an autism spectrum disorder;

      (b) Would benefit from assignment to the program; and

      (c) Is not ineligible for assignment to the program pursuant to any other provision of law.

      2.  The assignment of a child who is alleged or adjudicated to have committed a delinquent act to a program pursuant to this section must:

      (a) Include:

             (1) The terms and conditions for successful completion of the program; and

             (2) The terms and conditions of the informal supervision or probation of the child, if applicable.

      (b) Provide for progress reports at intervals set by the juvenile court to ensure that the child is making satisfactory progress towards completion of the program.

      3.  As used in this section, “autism spectrum disorder” means a condition that meets the diagnostic criteria for autism spectrum disorder published in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or the edition thereof that was in effect at the time the condition was diagnosed or determined.

      (Added to NRS by 2023, 654)