SUMMARY--Revises provisions governing circumstances under which attorney must be appointed for child in proceedings in juvenile court. (BDR 5-852)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to juvenile courts; revising the provisions governing the circumstances under which an attorney must be appointed for a child in proceedings in juvenile court; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 62.085 is hereby amended to read as follows:
62.085 1. If a child is alleged to be delinquent or in need of supervision, the child and his parents, guardian or custodian must be advised by the court or its representative that the child is entitled to be represented by an attorney at all stages of the proceedings, unless this right is waived. [If]
2. Under the circumstances described in subsection 3:
(a) If indigent, the child or parent, guardian or custodian of the child may request the appointment of an attorney to represent the child pursuant to the [provisions] procedure set forth in NRS 171.188.
(b) If not indigent and:
[(a)] (1) An attorney is not retained for the child; or
[(b)] (2) It does not appear that an attorney will be retained,
an attorney must be appointed for the child, unless waived.
[2.] 3. The court shall appoint an attorney to represent the child only if:
(a) The court has determined that if the child is adjudicated delinquent or in need of supervision, the court may order that the child be committed to the custody of a public or private institution or agency authorized to care for children or be placed in the custody of a person outside of his home; or
(b) The court makes a written finding that specifies the reasons why the appointment of an attorney to represent the child is required in the interest of justice.
4. If an attorney is appointed to represent a child, the parents , guardian or custodian of that child shall pay the reasonable fees and expenses of the attorney unless they are indigent. If indigent, the court may require the parent, guardian or custodian of the child to reimburse the county or state in accordance with his ability to pay.
[3.] 5. The parent, guardian or custodian may be represented by an attorney at all stages of the proceedings. In no case may an attorney be appointed for him unless the court makes a written [findings that] finding that specifies the reasons why such an appointment is required in the interest of justice . [and specifying the reasons thereof.
4.] 6. Each attorney, other than a public defender, if appointed under the provisions of this section, is entitled to the same compensation and expenses from the county as provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with crimes.