(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Assembly Bill No. 486-Committee on Education
May 15, 1997
____________
Referred to Committee on Education
SUMMARY--Revises provisions governing truancy of pupils. (BDR 34-1701)
FISCAL NOTE: Effect on Local Government: Yes.
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 pupils; revising the provisions governing the truancy of pupils; requiring the boards of trustees of school districts to create boards to review school attendance; making an appropriation; 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 385.347 is hereby amended to read as follows:
385.3471. The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district.
2. The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:
(a) The educational goals and objectives of the school district.
(b) Pupil achievement for grades 4, 8 and 11 for each school in the district and the district as a whole. Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. In addition, the board shall also report the results of other examinations of pupil achievement administered to each pupil in the school district in grades other than 4, 8 and 11. The results of these examinations for the current school year must be compared with those of previous school years.
(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, the average class size for each required course of study for each secondary school in the district and the district as a whole, and other data concerning licensed and unlicensed employees of the school district.
(d) A comparison of the types of classes that each teacher has been assigned to teach with the qualifications and licensure of the teacher, for each school in the district and the district as a whole.
(e) The total expenditure per pupil for each school in the district and the district as a whole.
(f) The curriculum used by the school district, including any special programs for pupils at an individual school.
(g) [Records] The annual rate of the attendance and truancy of pupils in all grades, for each school in the district and the district as a whole.
(h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole.
(i) Efforts made by the school district and by each school in the district to increase communication with the parents of pupils in the district.
(j) Records of incidents involving weapons or violence for each school in the district.
(k) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.
(l) The transiency rate of pupils for each school in the district and the district as a whole.
(m) Each source of funding for the school district.
(n) Such other information as is directed by the superintendent of public instruction.
3. The superintendent of public instruction shall:
(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.
(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.
(c) Consult with a representative of:
(1) The Nevada State Education Association;
(2) The Nevada Association of School Boards;
(3) The Nevada Association of School Administrators; and
(4) The Nevada Parent Teachers Association,
concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
4. On or before April 15 of each year, the board of trustees of each school district shall submit to the state board and the department the report made pursuant to subsection 2. On or before April 15 of each year, the board of trustees of each school district shall submit to the board to review school attendance created in the county pursuant to section 8 of this act the information required in paragraph (g) of subsection 2. On or before June 15 of each year, the board of trustees of each school district shall submit to the state board [:] and the department:
(a) A separate report summarizing the effectiveness of the district's program of accountability during the school year; and
(b) A description of the efforts the district has made to correct deficiencies identified in the report submitted pursuant to paragraph (a).
5. The department shall maintain a record of the annual rate of attendance and truancy of pupils that it receives pursuant to paragraph (g) of subsection 2 in such a manner as will allow the department to create for each school a yearly record of the rate of attendance and truancy of pupils. If, based upon the records of attendance and truancy, the annual rate of attendance of pupils who are enrolled in a school has cumulatively declined by 5 percent or more for 2 or more consecutive years, the school shall develop a plan to improve the attendance of the pupils who are enrolled in the school. The plan must include an identification and description of the causes and factors contributing to the declining attendance of pupils.
6. On or before February 1 of each year, the superintendent of public instruction shall analyze the information submitted to the state board and report to the legislature concerning the effectiveness of the programs of accountability adopted pursuant to this section. In even-numbered years, the report must be submitted to the legislative commission.
Sec. 2 (Deleted by amendment.)
Sec. 3 NRS 388.368 is hereby amended to read as follows:
388.3681. The state board [of education] shall adopt a comprehensive program to provide pupils with the skills to make the transition from school to work. The state board of education shall develop, implement and review the program with the assistance of the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 3.
2. The program to provide pupils with the skills to make the transition from school to work must be designed to achieve the following objectives:
(a) To provide all pupils with an equal opportunity to learn about and explore various career options before the completion of middle school.
(b) To provide career counseling for all pupils during the 9th and 10th grades.
(c) To provide all pupils with an equal opportunity to achieve high academic standards and to obtain training in occupations that earn high wages.
(d) To strengthen and expand existing technical and vocational education programs adopted pursuant to the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. §§ 2301 et seq.).
(e) To adopt a system for issuing certificates of technical or vocational proficiency.
(f) To adopt a curriculum and a system to allow pupils and students to participate in educational activities in the workplace.
(g) To provide all pupils with programs of job training and placement or programs for preparation for postsecondary education during the 12th grade.
(h) To strengthen the relationship between the business community and school districts to promote job training and internships.
(i) To encourage statewide participation in the program.
(j) To meet the continuing educational and developmental needs of teachers and employees of the school district.
(k) To adopt a process to evaluate the program and to integrate improvements into the program.
3. To be eligible to receive funding for and to participate in the program established pursuant to this section, a school district or a community college must submit to the state board [of education] an application that includes:
(a) A description of the partnership between the school district or community college and the business community that will be established to carry out the program adopted pursuant to this section. The partnership must consist of employers, representatives of local educational agencies, local postsecondary educational institutions, representatives of labor organizations, pupils, parents and persons representing rehabilitation, employment and training services.
(b) A plan that describes how the partnership will carry out the objectives of the program, including specific requirements for periodic review and approval by the members of the partnership representing the business community of the means of obtaining those objectives. The members of the partnership who perform the periodic review shall make a determination of whether the program is actually improving the participants' skills to make the transition from school to work. The members of the partnership who perform the periodic review must include employers who are likely to hire pupils who complete the program as well as other employers who are active in the establishment of programs for job training and placement.
(c) A description of an annual evaluation to be conducted by the partnership and used to measure the success of the program. The results of the evaluation must be submitted to the state board [of education] and contain specific comments from the members of the partnership representing the business community regarding the effectiveness of the program in producing pupils who are ready for employment in the workplace.
(d) Other information the state board of education may require to determine the eligibility of the school district to participate in the program.
4. The state board , [of education,] after consultation with the assisting agencies, shall submit a report containing its findings, conclusions and recommendations regarding the program adopted pursuant to this section to each session of the legislature.
5. A parent or legal guardian of a pupil who is 17 years of age or younger and participating in the program, or a pupil who is 18 years of age and participating in the program, may, upon the request of an employer who is participating in the program, provide the employer with a copy of the report card or other report of progress of the pupil. If a parent or legal guardian or a pupil declines such a request, the employer shall not refuse to employ or reemploy the pupil on the basis of the denial.
6. As used in this section, "assisting agencies" means the commission on economic development, the department of employment, training and rehabilitation, the welfare division of the department of human resources, the department of information services, the state industrial insurance system, the division of state library and archives of the department of museums, library and arts and the University and Community College System of Nevada.
Sec. 4 Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 12, inclusive, of this act.
Sec. 5 The board of trustees of each school district may, in consultation with the secondary schools within the district and parents and legal guardians of pupils who are enrolled in secondary schools in the district, establish a policy that requires each pupil enrolled in a secondary school to carry, during regular school hours, a card that identifies the name of the pupil, the school in which the pupil is enrolled and, if the pupil is enrolled in a school that is on a multi-track schedule, a notation or other symbol, if feasible, that is designed to disclose the track to which the pupil is assigned.
Sec. 6 The board of trustees of each school district shall adopt rules that require each public school in the district to include the accounting of attendance and, if feasible, tardiness of a pupil on each report card or other report of progress of the pupil. The report card or other report of progress must indicate the number of absences, if any, for the period covered by the report card or other report of progress.
Sec. 7 The board of trustees of a school district may, if practicable, cooperate with agencies providing social services to children in the school district to develop uniform standards and a common form for reporting truancy of pupils in the school district, unless the development of such standards or such a form would violate any laws relating to the confidentiality of information relating to a child.
Sec. 8 1. There is hereby created in each county at least one board to review school attendance. The membership of each such board may consist of:
(a) One probation officer in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;
(b) One representative of a law enforcement agency in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;
(c) One representative of the district attorney for the county, appointed by the district attorney;
(d) One parent or legal guardian of a pupil who is enrolled in a public school in the county, appointed by the president of the board of trustees of the school district;
(e) One member of the board of trustees of the school district, appointed by the president of the board of trustees;
(f) One school counselor or school teacher employed by the school district, appointed by an organization or association that represents licensed educational personnel in the school district;
(g) One deputy sheriff in the county, appointed by the sheriff of the county; and
(h) One representative of the local office of the division of child and family services of the department of human resources, appointed by the executive head of that office.
2. The members of each such board shall elect a chairman from among their membership.
3. Each member of such a board must be appointed for a term of 2 years. A vacancy in the membership of the board must be filled in the same manner as the original appointment for the remainder of the unexpired term.
4. Each member of such a board serves without compensation, except that, for each day or portion of a day during which a member of the board attends a meeting of the board or is otherwise engaged in the business of the board, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The board of trustees of the school district shall pay the per diem allowance and travel expenses from the general fund of the school district.
Sec. 9 The board of trustees of each school district shall provide administrative support to the board to review school attendance created for its county pursuant to section 8 of this act.
Sec. 10 1. Each board to review school attendance created pursuant to section 8 of this act shall:
(a) Review the records of the rate of attendance and truancy of pupils submitted to the board to review school attendance by the board of trustees of the school district pursuant to subsection 4 of NRS 385.347;
(b) Identify factors that contribute to the rate of truancy of pupils in the school district;
(c) Establish programs to reduce the rate of truancy of pupils in the school district; and
(d) At least annually, evaluate the effectiveness of those programs.
2. A board to review school attendance created in a county pursuant to section 8 of this act may:
(a) Use the money in the special account established pursuant to subsection 2 of NRS 62.211 for the use of programs to reduce the truancy of pupils in the school district.
(b) Make gifts and grants of money to the special account for such programs and for use by the juvenile court pursuant to paragraph (e) of subsection 1 of NRS 62.211.
The board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of all money used by the board to review school attendance to reduce the rate of truancy of pupils in the school district.
Sec. 11 If a pupil is a habitual truant, the school in which the pupil is enrolled shall take reasonable actions designed, as applicable, to encourage, enable or convince the pupil to attend school. If such action by the school does not result in a sufficiently improved record of attendance by the pupil and the pupil has six or more unapproved absences, the school may submit a written referral of the pupil to the board to review school attendance created in the county pursuant to section 8 of this act. Such a referral must be made only if the school determines, in consultation with the person who made the request for a referral, the principal or his designee, and a school counselor, that the referral is necessary. The written referral must include the dates on which the pupil was truant from school and all action taken by the school to assist the pupil to attend school. The board to review school attendance may request clarification of any information contained in the written referral or any additional information that the board considers necessary. The school shall provide written notice of the referral to the parents or legal guardian of the pupil. The written notice must include, without limitation:
1. The name and address of the pupil referred;
2. A written explanation of the reason for the referral;
3. A summary of the provisions of section 12 of this act; and
4. The address and telephone number of the board to review school attendance.
Sec. 12 1. Not more than 10 days after the referral of a pupil to a board to review school attendance, the board shall, in cooperation with the parents or legal guardian of the pupil, set a date, time and place for a meeting to identify the factors and problems that have led to the status of the pupil as a habitual truant. The pupil and his parents or legal guardian shall attend the meeting held by the board.
2. If a board to review school attendance determines that the status of a pupil as a habitual truant can be adequately addressed if the pupil participates in programs and services available in the community, the board shall order the pupil to participate in such programs and services. The board, the pupil and the parents or legal guardian of the pupil shall enter into a written agreement which:
(a) Sets forth the findings of the board;
(b) Sets forth the terms and conditions of the pupil's participation in the services and programs designated by the board;
(c) Adequately informs the pupil and his parents or legal guardian that if the pupil or his parents or legal guardian do not comply with the terms of the written agreement, the board is legally obligated to file a petition pursuant to NRS 62.130 alleging that the pupil is a child in need of supervision; and
(d) Contains the signature of the chairman of the board, the pupil and the parents or legal guardian of the pupil.
The parents or legal guardian of the pupil shall, upon the request of the board, provide proof satisfactory to the board that the pupil is participating in the services and programs set forth in the written agreement.
3. If a board to review school attendance determines that the status of a pupil as a habitual truant cannot be adequately addressed by requiring the pupil to participate in services and programs available in the community, or if the pupil or his parents or legal guardian violates the terms of a written agreement entered into pursuant to subsection 2, a member of the board shall file a petition pursuant to NRS 62.130 alleging that the pupil is a child in need of supervision. If a board to review school attendance files such a petition, the board shall:
(a) Submit to the juvenile court that will hear the case, written documentation of all efforts made by the board to address the status of the pupil as a habitual truant; and
(b) Make recommendations to the juvenile court regarding the appropriate disposition of the case.
Sec. 13 NRS 392.110 is hereby amended to read as follows:
392.1101. Any child between the ages of 14 and 17 years who has completed the work of the first eight grades may be excused from full-time school attendance and may be permitted to enter proper employment or apprenticeship [, by the] if:
(a) The parent or legal guardian of the child submits proof satisfactory to the board of trustees of the school district that the circumstances relating to the child warrant an excuse from full-time attendance; and
(b) The board of trustees of the school district provides written authority [of the board of trustees] excusing the child from such attendance. The board's written authority [shall state] must include the reason or reasons for such excuse.
2. In all such cases [no] an employer or other person shall not employ or contract for the services or time of such a child until the child presents a written permit therefor from the attendance officer or board of trustees. The permit [shall] must be kept on file by the employer, and upon the termination of employment [shall] must be returned by the employer to the board of trustees or other authority issuing it.
Sec. 14 NRS 392.130 is hereby amended to read as follows:
392.1301. Within the meaning of this chapter, a pupil shall be deemed a truant who is absent from school without [a valid excuse acceptable to] the written approval of his teacher or the principal of the school [.] , unless the pupil is physically or mentally unable to attend school. The teacher or principal shall give his written approval for a pupil to be absent if an emergency exists or upon the request of a parent or legal guardian of the pupil. Before a pupil may attend or otherwise participate in school activities outside the classroom during regular classroom hours, he must receive the approval of the teacher or principal.
2. Absence for any part of a day shall be deemed [absence for the entire day within the meaning] a truancy for the purposes of this section.
3. [The] If a pupil is physically or mentally unable to attend school, the parent or legal guardian or other person having control or charge of the pupil shall notify the teacher or principal of the school orally or in writing within 3 days after the pupil returns to school.
4. An absence which has not been approved pursuant to subsection 1 or 3 shall be deemed an unapproved absence. In the event of an unapproved absence, the teacher, attendance officer or other school official shall deliver or cause to be delivered a written notice of truancy to the parent, legal guardian or other person having control or charge of the child. The written notice must be delivered to the parent, legal guardian or other person who has control of the child personally, by certified mail or by other reasonable means. The written notice must inform the parents or legal guardian of the pupil that:
(a) The pupil is a truant;
(b) Pursuant to NRS 392.040, the parent or legal guardian is legally required to send his child to school;
(c) A parent or legal guardian who, without an excuse from the state board, does not send his child to school is subject to criminal prosecution pursuant to NRS 392.180;
(d) If the board of trustees of the school district operates an alternative program for the education of pupils at risk of dropping out of high school, the alternative program may be available to the pupil if the pupil is enrolled in high school and otherwise eligible to attend the alternative program;
(e) The parent or legal guardian may request a meeting with appropriate persons employed by the school district to identify solutions to the truancy of the pupil;
(f) The parent or legal guardian is encouraged to attend school with his child for at least 1 day; and
(g) If the pupil is truant from school three or more times during one school year:
(1) The pupil shall be deemed a habitual truant pursuant to NRS 392.140;
(2) The school will refer the pupil to the board to review school attendance pursuant to section 11 of this act;
(3) The parents or legal guardian of the pupil may be subject to criminal prosecution or guilty of a misdemeanor pursuant to NRS 392.210;
(4) The child may be subject to prosecution; and
(5) Pursuant to NRS 62.211, a juvenile court may, as applicable, suspend the driver's license of the child for 2 years or may prevent the child from applying for a driver's license for 2 years.
5. As used in this section, "physically or mentally unable to attend" does not include a physical or mental condition for which a pupil is excused pursuant to NRS 392.050.
Sec. 15 NRS 392.140 is hereby amended to read as follows:
392.1401. Any child [shall] who has been declared a truant three or more times within one school year must be declared [an] a habitual truant . [who shall have been deemed a truant three or more times within the school year.]
2. Any child who has once been declared [an] a habitual truant and who in an immediately succeeding year is absent from school without [a valid excuse] the written:
(a) Approval of his teacher or the principal of the school pursuant to subsection 1 of NRS 392.130; or
(b) Notice of his parent or legal guardian or other person who has control or charge over the pupil pursuant to subsection 3 of NRS 392.130,
may again be declared [an] a habitual truant.
Sec. 16 NRS 392.170 is hereby amended to read as follows:
392.170Upon the written complaint of any person, the board of trustees of a school district shall:
1. Make a full and impartial investigation of all charges against parents, guardians or other persons having control or charge of any child [,] who is 17 years of age or younger for violation of any of the provisions of NRS 392.040 to 392.110, inclusive, or 392.130 to 392.160, inclusive, [or 392.040 to 392.110, inclusive.] and sections 5 to 12, inclusive, of this act.
2. Make and file a written report of the investigation and the findings thereof in the records of the board.
Sec. 17 NRS 392.180 is hereby amended to read as follows:
392.180If it appears upon investigation that any parent, guardian or other person having control or charge of any child who is 17 years of age or younger has violated any of the provisions of NRS 392.040 to 392.110, inclusive, or 392.130 to 392.160, inclusive, [or 392.040 to 392.110, inclusive,] and sections 5 to 12, inclusive, of this act, the clerk of the board of trustees, except as otherwise provided in NRS 392.190, shall make and file in the proper court a criminal complaint against the parent, guardian or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority.
Sec. 18 NRS 392.200 is hereby amended to read as follows:
392.200Any taxpayer, teacher, school administrator, school officer or deputy school officer in the State of Nevada may make and file in the proper court a criminal complaint against a parent, guardian or other person who has control or charge of any child who is 17 years of age or younger and who violates any of the provisions of law requiring the attendance of children in the public schools of this state.
Sec. 19 NRS 392.215 is hereby amended to read as follows:
392.215Any parent, guardian or other person who, with intent to deceive under NRS 392.040 to 392.110, inclusive, or 392.130 to 392.165, inclusive [:] , and sections 5 to 12, inclusive, of this act:
1. Makes a false statement concerning the age or attendance at school;
2. Presents a false birth certificate or record of attendance at school; or
3. Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4 of NRS 392.165,
of a child under 17 years of age who is under his control or charge, is guilty of a misdemeanor.
Sec. 20 (Deleted by amendment.)
Sec. 21 NRS 62.130 is hereby amended to read as follows:
62.1301. A petition alleging that a child is delinquent or a petition for revocation may be signed by any person, including the district attorney, who has knowledge of the facts alleged, or is informed of them and believes that they are true.
2. A petition alleging that a child is in need of supervision may be signed only by:
(a) A representative of a public or private agency licensed or authorized to provide care or supervision of children;
(b) A representative of a public or private agency providing social service for families; [or]
(c) A school officer, law enforcement officer or probation officer [.] ; or
(d) If the child is a habitual truant pursuant to NRS 392.140, a member of a board to review school attendance created pursuant to section 8 of this act that reviewed the status of the pupil as a habitual truant.
3. The district attorney shall prepare and sign every petition alleging delinquency or need of supervision, and shall represent the petitioner in all proceedings.
4. The petition must be entitled, "In the Matter of ................, a child," and must be verified by the person who signs it.
5. The petition must set forth specifically:
(a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 62.040, and the date when delinquency occurred or need of supervision arose . [;]
(b) The name, date of birth and address of the residence of the child . [;]
(c) The names and address of the residence of his parents, guardian or custodian, and spouse if any. If neither of his parents, guardian or custodian resides or can be found within the state, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the state, or if there is none, the known adult relative residing nearest to the court . [; and]
(d) Whether the child is in custody, and if so, the place of detention and the time he was taken into custody.
6. When any of the facts required by subsection 5 are not known, the petition must so state.
Sec. 22 NRS 62.132 is hereby amended to read as follows:
62.132In addition to the information required pursuant to NRS 62.130, a petition alleging that a child is in need of supervision must contain a list of the local programs to which the child was referred, and other efforts taken in the community, to modify the child's behavior. [No court may decree that a child is in need of supervision unless it expressly finds that reasonable efforts were taken in the community to assist the child in ceasing the behavior for which he is alleged to be in need of supervision.]
Sec. 23 NRS 62.211 is hereby amended to read as follows:
62.2111. Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution. The court may use the money in the account established pursuant to subsection 2 to pay for any counseling ordered by the court pursuant to this paragraph if a parent, guardian or custodian of a child demonstrates to the satisfaction of the court that he needs financial assistance to pay for the care and treatment.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child is a habitual truant and imposes a fine pursuant to paragraph (l), the money collected from the fine must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall, on or before the 15th day of that month, deposit the money in the county general fund for credit to a separate account to support programs to reduce the rate of truancy in the public schools of the county and for use by the court pursuant to paragraph (e) of subsection 1.
3. If the court places a child in need of supervision under formal supervision and the child violates a condition of that formal supervision, the court may detain the child for not more than 30 days.
4. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
[3.] 5. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
[4.] 6. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
[5.] 7. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
[6.] 8. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 24 NRS 62.212 is hereby amended to read as follows:
62.2121. [If] Except as otherwise provided in subsection 2, if the court finds that a child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:
(a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and
(b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.
A child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.
2. Notwithstanding the provisions of subsection 1, the court may adjudicate a child to be a child in need of supervision if the court expressly finds that reasonable efforts were taken in the community to assist the child in ceasing the behavior for which he is alleged to be in need of supervision. If the court adjudicates a child as a child in need of supervision pursuant to this subsection, the court may impose a fine or require the child to perform community service.
3. A child who is:
(a) Less than 12 years of age must not be committed to or otherwise placed in the Nevada youth training center or the Caliente youth center.
(b) Not adjudicated to be delinquent must not be committed to or otherwise placed in the Nevada youth training center, the Caliente youth center or any other facility that provides correctional care.
Sec. 25 NRS 179.118 is hereby amended to read as follows:
179.1181. The proceeds from any sale or retention of property declared to be forfeited must be applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of effecting the seizure, the expense of maintaining custody, the expense of advertising and costs of suit.
2. Any balance remaining after the distribution required by subsection 1 must be deposited as follows:
(a) Except as otherwise provided in this subsection, if the plaintiff seized the property, in the special account established pursuant to NRS 179.1187 by the governing body which controls the plaintiff.
(b) Except as otherwise provided in this subsection, if the plaintiff is a metropolitan police department, in the special account established by the metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.
(c) Except as otherwise provided in this subsection, if more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.
(d) If the property was seized pursuant to NRS 200.760, in the state treasury for credit to the fund for the compensation of victims of crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.730 or 201.230.
(e) If the property was seized as the result of a violation of NRS 202.300, in the general fund of the county in which the complaint for forfeiture was filed, to be used to support programs of counseling of persons ordered by the court to attend counseling pursuant to paragraph [(i)] (e) of subsection 1 of NRS 62.211.
Sec. 26 Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
The board of county commissioners of each county may, in consultation with all governing bodies of cities within the county, if any, enact an ordinance to encourage pupils to attend school. A board of county commissioners shall not enact an ordinance pursuant to this section unless the board of trustees of the school district for that county has approved the proposed ordinance. Such an ordinance must be applied uniformly in the county.
Sec. 27 Section 2 of Assembly Bill No. 39 of this session is hereby amended to read as follows:
Sec. 2. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212 and section 1 of this act, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution. The court may use the money in the account established pursuant to subsection 2 to pay for any counseling ordered by the court pursuant to this paragraph if a parent, guardian or custodian of a child demonstrates to the satisfaction of the court that he needs financial assistance to pay for the care and treatment.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child is a habitual truant and imposes a fine pursuant to paragraph (l), the money collected from the fine must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall, on or before the 15th day of that month, deposit the money in the county general fund for credit to a separate account to support programs to reduce the rate of truancy in the public schools of the county and for use by the court pursuant to paragraph (e) of subsection 1.
3. If the court places a child in need of supervision under formal supervision and the child violates a condition of that formal supervision, the court may detain the child for not more than 30 days.
4. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
[3.] 5. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
[4.] 6. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
[5.] 7. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
[6.] 8. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 27.3. Section 1 of Senate Bill No. 207 of this session is hereby amended to read as follows:
Section 1. NRS 62.211 is hereby amended to read as follows:
62.211
1. Except as otherwise provided in NRS 62.212 and section 1 of Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 18 years of age, order:
(1) The parent, guardian or custodian of the child; and
(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,
to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution. The court may use the money in the account established pursuant to subsection 2 to pay for any counseling ordered by the court pursuant to this paragraph if a parent, guardian or custodian of a child demonstrates to the satisfaction of the court that he needs financial assistance to pay for the care and treatment.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child is a habitual truant and imposes a fine pursuant to paragraph (l), the money collected from the fine must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall, on or before the 15th day of that month, deposit the money in the county general fund for credit to a separate account to support programs to reduce the rate of truancy in the public schools of the county and for use by the court pursuant to paragraph (e) of subsection 1.
3. If the court places a child in need of supervision under formal supervision and the child violates a condition of that formal supervision, the court may detain the child for not more than 30 days.
4. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
[3.] 5. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
[4.] 6. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
[5.] 7. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
[6.] 8. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 27.5. Section 11 of Senate Bill No. 102 of this session is hereby amended to read as follows:
Sec. 11. NRS 62.211 is hereby amended to read as follows:
62.211
1. Except as otherwise provided in NRS 62.212 and section 1 of Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 18 years of age, order:
(1) The parent, guardian or custodian of the child; and
(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,
to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution. The court may use the money in the account established pursuant to subsection 2 to pay for any counseling ordered by the court pursuant to this paragraph if a parent, guardian or custodian of a child demonstrates to the satisfaction of the court that he needs financial assistance to pay for the care and treatment.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child is a habitual truant and imposes a fine pursuant to paragraph (l), the money collected from the fine must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall, on or before the 15th day of that month, deposit the money in the county general fund for credit to a separate account to support programs to reduce the rate of truancy in the public schools of the county and for use by the court pursuant to paragraph (e) of subsection 1.
3. If the court places a child in need of supervision under formal supervision and the child violates a condition of that formal supervision, the court may detain the child for not more than 30 days.
4. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
[3.] 5. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
[4.] 6. Except as otherwise provided in section 7 of this act, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
[5.] 7. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
[6.] 8. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 27.7. Section 1 of Senate Bill No. 277 of this session is hereby amended to read as follows:
Section 1. NRS 62.211 is hereby amended to read as follows:
62.211
1. Except as otherwise provided in NRS 62.212 and section 1 of Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 18 years of age, order:
(1) The parent, guardian or custodian of the child; and
(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,
to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution. The court may use the money in the account established pursuant to subsection 2 to pay for any counseling ordered by the court pursuant to this paragraph if a parent, guardian or custodian of a child demonstrates to the satisfaction of the court that he needs financial assistance to pay for the care and treatment.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
(m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness. If the court orders the child to participate in such a program, the court may order any or all of the following, in the following order of priority if practicable:
(1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;
(2) The child to work on projects or perform public service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or
(3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.
2. If the court finds that a child is a habitual truant and imposes a fine pursuant to paragraph (l), the money collected from the fine must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall, on or before the 15th day of that month, deposit the money in the county general fund for credit to a separate account to support programs to reduce the rate of truancy in the public schools of the county and for use by the court pursuant to paragraph (e) of subsection 1.
3. If the court places a child in need of supervision under formal supervision and the child violates a condition of that formal supervision, the court may detain the child for not more than 30 days.
4. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
[3.] 5. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
[4.] 6. Except as otherwise provided in section 7 of Senate Bill No. 102 of this session, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
[5.] 7. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
[6.] 8. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Secs. 28 and 29. (Deleted by amendment.)
Sec. 30. There is hereby appropriated from the state general fund to the department of education the sum of $500,000 for distribution to each county treasurer in this state in an amount proportionate to the total number of pupils who are enrolled in the county school district. The county treasurer shall deposit the money in the account established pursuant to subsection 2 of NRS 62.211. The money must be used by the:
1. Board to review school attendance in the county created pursuant to section 8 of this act to reduce the rate of truancy of pupils in the public schools in the county.
2. Juvenile court in accordance with paragraph (e) of subsection 1 of NRS 62.211.
Sec. 31. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 32. This act becomes effective at 12:01 a.m. on July 1, 1997.