(On Behalf of the Southern Nevada Foster Parent's Association)
June 20, 1997
____________
Referred to Committee on Judiciary
SUMMARY--Makes various changes concerning liability of foster homes for acts of children placed in their care. (BDR 3-805)
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 foster homes; making various changes to provide immunity from liability to certain persons who provide foster care for certain acts of children placed in their care; providing that such persons are criminally liable for the truancy of children in their care only under certain circumstances; 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 41.470 is hereby amended to read as follows:
41.4701. [Any] Except as otherwise provided in section 15 of this act, any act of willful misconduct of a minor which results in any injury or death to another person or injury to the private property of another or to public property is imputed to the parents or guardian having custody and control of the minor for all purposes of civil damages, and the parents or guardian having custody or control are jointly and severally liable with the minor for all damages resulting from the willful misconduct.
2. The joint and several liability of one or both parents or guardian having custody or control of a minor under this section [shall] must not exceed $10,000 for any such act of willful misconduct of the minor.
3. The liability imposed by this section is in addition to any liability now imposed by law.
Sec. 2 NRS 62.085 is hereby amended to read as follows:
62.0851. 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 waived. If indigent, the parent, guardian or custodian of the child may request the appointment of an attorney to represent the child pursuant to the provisions in NRS 171.188. If not indigent and:
(a) An attorney is not retained for the child; or
(b) It does not appear that an attorney will be retained,
an attorney must be appointed for the child, unless waived.
2. [If] Except as otherwise provided in section 15 of this act, if an attorney is appointed to represent a child, the parents 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. 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 written findings that such an appointment is required in the interest of justice and specifying the reasons thereof.
4. 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.
Sec. 3 NRS 62.211 is hereby amended to read as follows:
62.2111. 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.
(f) [Order] Except as otherwise provided in section 15 of this act, 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] Except as otherwise provided in section 15 of this act, 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 not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from applying for a driver's license for not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to apply for 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 apply for 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 apply for 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] Except as otherwise provided in section 15 of this act, 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] Except as otherwise provided in section 15 of this act, 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. 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. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. 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. 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. 4 NRS 62.2275 is hereby amended to read as follows:
62.22751. If a child within the jurisdiction of the juvenile court is found by the juvenile court to have committed the unlawful act of driving under the influence of intoxicating liquor or a controlled substance in violation of NRS 484.379 or 484.3795, the judge, or his authorized representative, shall require the child to undergo an evaluation by an evaluation center to determine if the child is an abuser of alcohol or other drugs.
2. The evaluation of a child pursuant to this section must be conducted at an evaluation center by:
(a) A counselor certified to make that classification by the bureau of alcohol and drug abuse;
(b) A physician certified to make that classification by the board of medical examiners; or
(c) A person who is approved to make that classification by the bureau of alcohol and drug abuse,
who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.
3. The judge may:
(a) Order the child to undergo a program of treatment as recommended by the evaluation center.
(b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.
(c) [Order] Except as otherwise provided in section 15 of this act, order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all of those charges:
(1) The judge shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and
(2) The judge may order the child to perform supervised work for the benefit of the community in lieu of paying the charges relating to his evaluation and treatment. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal 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 the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.
4. A treatment facility is not liable for any damages to person or property caused by a child who drives while under the influence of an intoxicating liquor or a controlled substance after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.
5. The provisions of this section do not prohibit a judge from:
(a) Requiring an evaluation to be conducted by an evaluation center that is administered by a private company if the company meets the standards of the bureau of alcohol and drug abuse; or
(b) Ordering the child to attend a program of treatment which is administered by a private company.
6. All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the driver's record of that child for 7 years after the date of the offense.
7. As used in this section:
(a) "Bureau of alcohol and drug abuse" means the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation.
(b) "Evaluation center" has the meaning ascribed to it in NRS 484.3793.
(c) "Treatment facility" has the meaning ascribed to it in NRS 484.3793.
Sec. 5 NRS 62.231 is hereby amended to read as follows:
62.2311. The court may cause any child adjudged to be within its jurisdiction to be examined by a physician, psychiatrist, psychologist or other qualified person.
2. [Whenever] Except as otherwise provided in section 15 of this act, when a child who is within the jurisdiction of the court appears to be in need of nursing, medical, surgical or other care, the court may order the parent or other person responsible for the care and support of the child to provide such care. If the parent or other person fails to provide such care, the court may, after due notice, order that the child be provided the care. The expense thereof, when approved by the court, is a charge upon the county [;] , but the court may adjudge that the person having the duty under the law to support the child pay part or all of the expenses of such care in the manner provided in NRS 62.321.
Sec. 6 NRS 62.301 is hereby amended to read as follows:
62.3011. [When] Except as otherwise provided in section 15 of this act, when a child is detained other than pursuant to a court order in a facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children, the board of county commissioners is entitled to collect from the parent, parents or guardian of such child all sums of money expended by the county for the care and support of the child during the period of his detention.
2. If the parent, parents or guardian fails or refuses so to reimburse the county, the board of county commissioners may recover from such parent, parents or guardian, by appropriate legal action, all sums of money due together with interest thereon at the rate of 7 percent per annum.
Sec. 7 NRS 62.311 is hereby amended to read as follows:
62.3111. [When] Except as otherwise provided in section 15 of this act, when a child who is under the jurisdiction of the juvenile division of the district court pursuant to this chapter receives ancillary services administered or financed by a county, including , but not limited to , transportation or psychiatric, psychological or medical services, the county is entitled to be reimbursed for such services from the parent of the child.
2. The board of county commissioners may adopt a sliding scale for determining the amounts to be reimbursed for such services based on the ability of the parent to pay, but the district court shall review each case and make a finding as to the reasonableness of the charge in relation to the [parent's] ability of the parent to pay.
3. If the parent refuses or otherwise fails to reimburse the county for such services, the board may bring a civil action to recover all money owed to it, together with interest thereon at 7 percent per annum commencing 30 days after an itemized statement of the charge for such services is submitted to the parent.
Sec. 8 NRS 62.325 is hereby amended to read as follows:
62.3251. Except as otherwise provided in this subsection, if a child is committed to the custody of a regional facility for children, the court may order that the expense of the [child's] support of the child and maintenance be paid by the county of the [child's] residence of the child in an amount equal to any money paid for that purpose by the division. Such an order may not be entered if the county maintains the facility to which the child is committed.
2. [The] Except as otherwise provided in section 15 of this act, the court may order that the parents, guardian or other person liable for the support and maintenance of the child reimburse the county in whole or in part for the expense of the [child's] support and maintenance [.] of the child.
3. This section does not prohibit the court from providing for the support and maintenance of the child in any other manner authorized by law.
4. As used in this section:
(a) "Division" means the division of child and family services of the department of human resources.
(b) "Regional facility for children" includes:
(1) The institution in Douglas County known as China Spring Youth Camp.
(2) The institution in Clark County known as Spring Mountain Youth Camp.
(3) Any other institution established and maintained for the care of minors adjudged delinquent and committed thereto, except the Nevada youth training center and the Caliente youth center.
Sec. 9 NRS 206.330 is hereby amended to read as follows:
206.3301. Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor.
2. A person who violates subsection 1 shall, in addition to any other fine or penalty imposed:
(a) For the first offense, perform not less than 50 hours, but not more than 99 hours, of community service.
(b) For the second offense, perform not less than 100 hours, but not more than 199 hours, of community service.
(c) For the third and each subsequent offense, perform not less than 200 hours of community service.
The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti.
3. [The] Except as otherwise provided in section 15 of this act, the parent or legal guardian of a person under the age of 17 years who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.
4. If a person who is 18 years of age or older is found guilty of violating this section, the court may issue an order suspending the driver's license of the person for a period not to exceed 6 months in addition to any other penalty imposed. If such an order is issued, the court shall require the person to surrender all driver's licenses then held by the person. If the person does not possess a driver's license, the court may issue an order prohibiting the person from applying for a driver's license within the 6 months immediately following the date of the order. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety any licenses together with a copy of the order.
5. The department of motor vehicles and public safety:
(a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.
(b) Shall report the suspension of a driver's license pursuant to this section to an insurance company or its agent inquiring about the person's driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.
6. A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to another statute for the same conduct.
Sec. 10 NRS 210.180 is hereby amended to read as follows:
210.1801. A court may commit to the school, and the administrator may place in the school, any person between the ages of 12 and 18 years who is found to be delinquent. Before any person is conveyed to the school, the superintendent shall determine whether adequate facilities are available to provide the necessary care to the person. The superintendent shall fix the time at which the person must be delivered to the school. The superintendent shall accept the person unless:
(a) There are not adequate facilities available to provide the necessary care;
(b) There is not adequate money available for the support of the school; or
(c) In the opinion of the superintendent, the person is not suitable for admission to the school.
2. [The] Except as otherwise provided in section 15 of this act, the court may order, when committing a person to the care, custody and control of the school, that the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. Such payments must be paid to the administrator, who shall immediately deposit the money with the state treasurer for credit to a separate account in the state general fund for expenditure by the administrator to carry out the powers and duties of the administrator and the division of child and family services of the department of human resources.
3. The court shall order, before commitment, that the person be given a physical examination, which includes a blood test, test for tuberculosis, urinalysis and an examination for venereal disease, by a physician. The physician shall, within 5 days after the examination, make a written report of the results thereof to the clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein the commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk, as the case may be, shall immediately forward a copy of the written report to the superintendent.
Sec. 11 NRS 210.580 is hereby amended to read as follows:
210.5801. A court may commit to the school, and the administrator may place in the school, any person between the ages of 12 and 18 years who is found to be delinquent. Before any person is conveyed to the school, the superintendent shall determine whether adequate facilities are available to provide the necessary care to the person. The superintendent shall fix the time at which the person must be delivered to the school. The superintendent shall accept the person unless:
(a) There are not adequate facilities available to provide the necessary care;
(b) There is not adequate money available for the support of the school; or
(c) In the opinion of the superintendent, the person is not suitable for admission to the school.
Upon the written request of the superintendent, at any time either before or after commitment to the school, the court may order commitment to a school outside of the State of Nevada which is approved by the board, or to a private institution within the State of Nevada.
2. [The] Except as otherwise provided in section 15 of this act, the court may order, when committing a person to the care, custody and control of the school, that the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. Such payments must be paid to the administrator, who shall immediately deposit the money with the state treasurer for credit to a separate account in the state general fund for expenditure by the administrator to carry out the powers and duties of the administrator and the division of child and family services of the department of human resources.
3. The court shall order, before commitment, that the person be given a physical examination, which includes a blood test, test for tuberculosis, urinalysis, and an examination for venereal disease by a physician. The physician shall, within 5 days after the examination, make a written report of the results thereof to the clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein the commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk, as the case may be, shall immediately forward a copy of the written report to the superintendent.
Sec. 12 NRS 379.160 is hereby amended to read as follows:
379.1601. Any person who willfully detains any book, newspaper, magazine, pamphlet, manuscript, filmstrip or other property of any public library or reading room for more than 30 days after receipt of written notice demanding the return of any such article or property shall be punished by a fine of not more than $500.
2. Any person who willfully cuts, tears, defaces, breaks or injures any book, map, chart, picture, engraving, statue, coin, model, apparatus or other work of literature, art, mechanics or object of curiosity deposited in any public library or reading room shall be punished by a fine of not more than $500.
3. [The] Except as otherwise provided in section 15 of this act, the parent or guardian of a minor who willfully and maliciously commits any acts within the scope of subsection 1 or 2 is liable for all damages so caused by the minor.
Sec. 13 NRS 392.210 is hereby amended to read as follows:
392.210[Any]
1. Except as otherwise provided in subsection 2, a parent, guardian or other person who has control or charge of any child, and to whom notice has been given of the child's truancy as provided in NRS 392.130 and 392.140, and who fails to prevent the child's subsequent truancy within that school year, is guilty of a misdemeanor.
2. Any person who is licensed by the division of child and family services of the department of human resources to conduct a family foster home or group foster home pursuant to NRS 424.030 who has a child placed in his foster home is liable pursuant to subsection 1 only if the person has received notice of the child's truancy as provided in NRS 392.130 and 392.140, and negligently fails to prevent the child's subsequent truancy within that school year.
Sec. 14 NRS 422.310 is hereby amended to read as follows:
422.3101. Spouse for spouse and , except as otherwise provided in section 15 of this act, parents for minor children are liable for the support of an applicant for or recipient of public assistance.
2. The welfare division shall investigate the ability of responsible relatives to contribute to the support of an applicant for or recipient of public assistance and shall determine the amount of such support for which such relative is responsible.
Sec. 15 Chapter 424 of NRS is hereby amended by adding thereto a new section to read as follows:
Notwithstanding any other provision of law, a provider of family foster care or a person who is licensed by the division to conduct a group foster home pursuant to NRS 424.030 is not liable for any act of a child who has been placed in his foster care or group foster home, unless the provider or person took an affirmative action that contributed to the act of the child. The immunity from liability provided pursuant to this section includes, without limitation, immunity from any fine, penalty, debt or other liability incurred as a result of the act of the child.
Sec. 16 NRS 433A.610 is hereby amended to read as follows:
433A.6101. [When] Except as otherwise provided in section 15 of this act, when a person is admitted to a division facility or hospital under one of the various forms of admission prescribed by law, the parent or legal guardian of a mentally ill person who is a minor or the husband or wife of a mentally ill person, if of sufficient ability, and the estate of the mentally ill person, if the estate is sufficient for the purpose, shall pay the cost of the [mentally ill person's maintenance,] maintenance of the mentally ill person, including treatment and surgical operations, in any hospital in which the person is hospitalized under the provisions of this chapter:
(a) To the administrative officer if the person is admitted to a division facility; or
(b) In all other cases, to the hospital rendering the service.
2. If a person or an estate liable for the care, maintenance and support of a committed person neglects or refuses to pay the administrative officer or the hospital rendering the service, the state is entitled to recover, by appropriate legal action, all money owed to a division facility or which the state has paid to a hospital for the care of a committed person, plus interest at the rate established pursuant to NRS 99.040.
Sec. 17 NRS 597.870 is hereby amended to read as follows:
597.8701. [The] Except as otherwise provided in section 15 of this act, the parent or legal guardian, as the case may be, of a minor who steals merchandise from, or damages property on, [a merchant's] the premises of a merchant is civilly liable for:
(a) The retail value of the merchandise; and
(b) The fair market value of the damaged property,
plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorney's fees. An action may be brought even if there has been no criminal conviction for the theft or damage. Recovery under this section may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor.
2. An action under this section may be brought as a small claim in a justice's court if the total amount sought does not exceed the statutory limit for such a claim.
Sec. 18 Section 1 of Assembly Bill No. 39 of this session is hereby amended to read as follows:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a child is found to have committed an unlawful act in which the child damaged or destroyed the property of another person, in addition to any action ordered pursuant to the provisions of this chapter, the judge, or his authorized representative, shall order the child to provide restitution to the owner of the property.
2. [If] Except as otherwise provided in section 15 of this act, if the child is not able to provide restitution, the judge, or his authorized representative, shall order the parent or guardian of the child to provide restitution to the owner of the property, unless the judge, or his authorized representative, determines that extenuating circumstances exist.
3. [If] Except as otherwise provided in section 15 of this act, if the child and his parent or guardian are unable to provide restitution because of financial hardship, the judge, or his authorized representative, shall order the child or his parent or guardian, or both, to perform community service.
4. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.
5. [The] Except as otherwise provided in section 15 of this act, the judge, or his authorized representative, may require the child or his parent or guardian, or both, to deposit with the court a reasonable sum of money to pay for the cost of a policy for insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the work is performed, unless, in the case of industrial insurance, it is provided by the authority for which the work is performed.
6. As used in this section, "property" includes real or personal property.
Sec. 19 The provisions of this act apply to any act of a child that takes place on or after October 1, 1997.
Sec. 20 1. Sections 9 and 18 of this act become effective at 12:01 a.m. on October 1, 1997.
2. Section 3 of this act becomes effective at 12:02 a.m. on October 1, 1997.