NRS: CHAPTER 62H - RECORDS RELATED TO CHILDREN

[Rev. 6/29/2024 2:51:30 PM--2023]

CHAPTER 62H - RECORDS RELATED TO CHILDREN

COLLECTION AND DISCLOSURE OF INFORMATION

NRS 62H.010 Fingerprinting or photographing of child who is in custody; conditions and limitations on use and retention of fingerprints and photographs; penalty.

NRS 62H.020 Publication or broadcast of name or race of child and nature of charges.

NRS 62H.025 Confidentiality of juvenile justice information; release in certain circumstances; penalty for unlawful use.

NRS 62H.030 Maintenance and inspection of records.

NRS 62H.035 Petition to cease transmission of information relating to orders of protection to Central Repository; granting of petition; removal of petitioned information from Central Repository.

NRS 62H.040 Release of child’s name for use in civil action.

SEALING, UNSEALING AND EXPUNGEMENT OF RECORDS

NRS 62H.100 “Records” defined.

NRS 62H.110 Applicability of provisions.

NRS 62H.120 Explanation of certain information concerning sealing of records to be included in court order.

NRS 62H.130 Procedure for sealing records of child who is less than 21 years of age.

NRS 62H.140 Automatic sealing of records when child reaches 18 years of age; exceptions.

NRS 62H.150 Limitations on sealing records related to certain delinquent acts.

NRS 62H.160 Procedure for sealing records of child: Duties of juvenile court and other public officers and agencies.

NRS 62H.170 Effect of sealing records; inspection of sealed records in certain circumstances.

NRS 62H.180 Procedure for expunging records of child who is 18 years of age or older.

STANDARDIZED SYSTEM FOR REPORTING INFORMATION

NRS 62H.200 Division of Child and Family Services to establish standardized system for collecting and analyzing information concerning juvenile justice; regulations; withholding of state money for noncompliance with regulations.

NRS 62H.210 Information to be collected by standardized system regarding children referred to system of juvenile justice; confidentiality.

NRS 62H.220 Division of Child and Family Services to collect certain information regarding child adjudicated delinquent for sexual offense; confidentiality.

NRS 62H.225 Division of Child and Family Services to submit annual report on various aspects of juvenile justice system.

DATA CONCERNING JUVENILE SEX OFFENDERS

NRS 62H.300 Legislative findings and declarations.

NRS 62H.310 Definitions.

NRS 62H.320 Director of Department of Health and Human Services to establish program to compile and analyze data concerning juvenile sex offenders.

DATA AND INFORMATION CONCERNING COMPETENCY OF CHILDREN

NRS 62H.400 Departments of juvenile services and Youth Parole Bureau to submit annual data and information concerning proceedings to determine competency of children.

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COLLECTION AND DISCLOSURE OF INFORMATION

NRS 62H.010 Fingerprinting or photographing of child who is in custody; conditions and limitations on use and retention of fingerprints and photographs; penalty.

1. The fingerprints of a child must be taken if the child is in custody for an unlawful act that, if committed by an adult, would have been:

(a) A felony, gross misdemeanor or sexual offense; or

(b) A misdemeanor and the unlawful act involved:

(1) The use or threatened use of force or violence against the victim; or

(2) The possession, use or threatened use of a firearm or a deadly weapon.

2. The fingerprints of a child who is in custody but who is not subject to the provisions of subsection 1 may be taken if a law enforcement officer finds latent fingerprints during the investigation of an offense and the officer has reason to believe that the latent fingerprints are those of the child. The officer shall use the fingerprints taken from the child to make an immediate comparison with the latent fingerprints. If the comparison is:

(a) Negative, the fingerprint card and other copies of the fingerprints taken may be immediately destroyed or may be retained for future use.

(b) Positive, the fingerprint card and other copies of the fingerprints:

(1) Must be delivered to the juvenile court for disposition if the child is referred to the juvenile court.

(2) May be immediately destroyed or may be retained for future use if the child is not referred to the juvenile court.

3. Fingerprints that are taken from a child pursuant to the provisions of this section:

(a) May be retained in a local file or a local system for the automatic retrieval of fingerprints if they are retained under special security measures that limit inspection of the fingerprints to law enforcement officers who are conducting criminal investigations. If the child from whom the fingerprints are taken subsequently is not adjudicated delinquent, the parent or guardian of the child or, when the child becomes at least 18 years of age, the child may petition the juvenile court for the removal of the fingerprints from any local file or local system.

(b) Must be submitted to the Central Repository if the child is adjudicated delinquent for an unlawful act that would have been a felony or a sexual offense if committed by an adult, and may be submitted to the Central Repository for any other act. Any such fingerprints submitted to the Central Repository must be submitted with a description of the child and the unlawful act, if any, that the child committed. The Central Repository shall retain the fingerprints and information of the child under special security measures that limit inspection of the fingerprints and the information to:

(1) Law enforcement officers who are conducting criminal investigations; and

(2) Officers and employees of the Central Repository who are assisting law enforcement officers with criminal investigations or who are conducting research or performing a statistical analysis.

(c) Must not be submitted to the Federal Bureau of Investigation unless the child is adjudicated delinquent for an unlawful act that would have been a felony or a sexual offense if committed by an adult.

4. A child who is in custody must be photographed for the purpose of identification. Except as otherwise provided in this subsection, the photographs of the child must be kept in the file pertaining to the child under special security measures which provide that the photographs may be inspected only to conduct criminal investigations and photographic lineups. If the juvenile court subsequently determines that the child is not delinquent, the juvenile court shall order the photographs to be destroyed.

5. Any person who willfully violates any provision of this section is guilty of a misdemeanor.

6. As used in this section, “sexual offense” means:

(a) Sexual assault pursuant to NRS 200.366;

(b) Statutory sexual seduction pursuant to NRS 200.368;

(d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

(e) Incest pursuant to NRS 201.180;

(f) Open or gross lewdness pursuant to NRS 201.210;

(g) Indecent or obscene exposure pursuant to NRS 201.220;

(h) Lewdness with a child pursuant to NRS 201.230;

(i) Sexual penetration of a dead human body pursuant to NRS 201.450;

(j) Luring a child or person with mental illness pursuant to NRS 201.560, if punishable as a felony;

(k) An attempt to commit an offense listed in paragraphs (a) to (j), inclusive; or

(l) An offense that is determined to be sexually motivated pursuant to NRS 175.547.

(Added to NRS by 2003, 1088; A 2003, 1379; 2013, 1157)

NRS 62H.020 Publication or broadcast of name or race of child and nature of charges.

1. A news medium may not publish, broadcast or air the name or race of any child connected with any proceeding conducted pursuant to the provisions of this title without a written order of the juvenile court unless:

(a) The proceeding has been opened to the public pursuant to NRS 62D.010; or

(b) The release of the information is authorized pursuant to subsection 2.

2. An officer or employee of the juvenile court may release to a news medium the name of a child and the nature of the charges against the child, and any news medium may publish, broadcast or air such information if:

(a) The child has been adjudicated delinquent on at least one prior occasion for an unlawful act which would have been a felony if committed by an adult and which resulted in death or serious bodily injury, and the child is charged with committing another unlawful act which would have been a felony if committed by an adult; or

(b) The child has been adjudicated delinquent on at least two prior occasions for unlawful acts which would have been felonies if committed by an adult, and the child is charged with committing another unlawful act which would have been a felony if committed by an adult.

(Added to NRS by 2003, 1090)

NRS 62H.025 Confidentiality of juvenile justice information; release in certain circumstances; penalty for unlawful use.

1. Juvenile justice information is confidential and may only be released in accordance with the provisions of this section or as expressly authorized by other federal or state law.

2. For the purpose of ensuring the safety, permanent placement, rehabilitation, educational success and well-being of a child or the safety of the public, a juvenile justice agency may release juvenile justice information to:

(a) A director of juvenile services or his or her designee;

(b) The Chief of the Youth Parole Bureau or his or her designee;

(d) The Director of the Department of Corrections or his or her designee;

(e) A district attorney or his or her designee;

(f) An attorney representing the child;

(g) The director, chief or sheriff of a state or local law enforcement agency or his or her designee;

(h) The director of a state or local agency which administers juvenile justice or his or her designee;

(i) A director of a state or local facility for the detention of children or regional facility for the treatment and rehabilitation of children or his or her designee;

(j) The director of an agency which provides child welfare services or his or her designee;

(k) The director of an agency which provides mental health services or his or her designee;

(l) A guardian ad litem or court appointed special advocate who represents the child;

(m) A parent or guardian of the child;

(n) The child to whom the juvenile justice information pertains if the child has reached the age of majority, or a person who presents a release that is signed by the child who has reached the age of majority and which specifies the juvenile justice information to be released and the purpose for the release;

(o) A school district, if the juvenile justice agency and the school district have entered into a written agreement to share juvenile justice information and data from an educational record of a child maintained by the school district for a purpose consistent with the purposes of this section;

(p) A person or organization who has entered into a written agreement with the juvenile justice agency to provide assessments or juvenile justice services;

(q) A person engaged in bona fide research that may be used to improve juvenile justice services or secure additional funding for juvenile justice services if the juvenile justice information is provided in the aggregate and without any personal identifying information;

(r) A person who is authorized by a court order to receive the juvenile justice information, if the juvenile justice agency was provided with notice and opportunity to be heard before the issuance of the order;

(s) A law enforcement agency in the course of a criminal investigation, a delinquency proceeding conducted pursuant to the provisions of this title or a situation involving a child who is subject to the jurisdiction of the juvenile court and who poses a threat to himself or herself or to the safety or well-being of others; or

(t) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to perform a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law.

3. A juvenile justice agency may deny a request for juvenile justice information if:

(a) The request does not, in accordance with the purposes of this section, demonstrate good cause for the release of the information; or

(b) The release of the information would cause material harm to the child or would prejudice any court proceeding to which the child is subject.

Ê A denial pursuant to this subsection must be made in writing to the person requesting the information not later than 5 business days after receipt of the request.

4. Any juvenile justice information provided pursuant to this section may not be used to deny a child access to any service for which the child would otherwise be eligible, including, without limitation:

(a) Educational services;

(b) Social services;

(d) Medical services; or

(e) Legal services.

5. Except as otherwise provided in this subsection, any person who is provided with juvenile justice information pursuant to this section and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to:

(a) A district attorney who uses the information solely for the purpose of initiating legal proceedings;

(b) A person or organization described in subsection 2 who provides a report concerning juvenile justice information to a court or other party pursuant to this title or chapter 432B of NRS; or

(c) A federal, state or local governmental entity, or an agency of such an entity, that uses the information to perform a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law.

6. As used in this section:

(a) “Juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.

(b) “Juvenile justice information” means any information which is directly related to a child in need of supervision, a delinquent child or any other child who is otherwise subject to the jurisdiction of the juvenile court.

(Added to NRS by 2013, 519; A 2015, 1495; 2017, 2978, 4394; 2023, 2437)

NRS 62H.030 Maintenance and inspection of records.

1. The juvenile court shall make and keep records of all cases brought before the juvenile court.

2. Except as otherwise provided in this section and NRS 217.110, records of any case brought before the juvenile court may be opened to inspection only by court order to persons who have a legitimate interest in the records.

3. The following records and information may be opened to inspection without a court order:

(a) Records of traffic violations which are being forwarded to the Department of Motor Vehicles;

(b) Records which have not been sealed and which are required by the Division of Parole and Probation for preparation of presentence investigations and reports pursuant to NRS 176.135 or general investigations and reports pursuant to NRS 176.151;

(1) The Central Repository;

(2) The Division of Parole and Probation; or

(3) A person who is conducting an assessment of the risk of recidivism of an adult or juvenile sex offender;

(d) Regardless of whether or not they have been sealed, records which are to be used for the purpose of conducting a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law;

(e) Information maintained in the standardized system established pursuant to NRS 62H.200; and

(f) Information that must be collected by the Division of Child and Family Services pursuant to NRS 62H.220.

4. The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.

(Added to NRS by 2003, 1090; A 2005, 62; 2023, 2438)

NRS 62H.035 Petition to cease transmission of information relating to orders of protection to Central Repository; granting of petition; removal of petitioned information from Central Repository.

1. Upon the submission of information relating to any of the following orders for protection where the adverse party is a child under the age of 18 years to the Central Repository for Nevada Records of Criminal History, the adverse party may petition a court for an order declaring that the basis no longer exists for such information to be transmitted to the Central Repository:

(a) A temporary or extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive.

(b) A temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.

(c) An emergency or extended order for protection against high-risk behavior pursuant to NRS 33.500 to 33.670, inclusive.

(d) A temporary or extended order for protection against sexual assault pursuant to NRS 200.378.

(e) A temporary or extended order for protection against stalking, aggravated stalking or harassment pursuant to NRS 200.591.

2. A petition brought pursuant to subsection 1 must be filed in the court which issued the order for protection.

3. The court shall grant the petition and issue the order described in subsection 1 if the court finds that the basis for the order for protection no longer exists.

4. The court, upon granting the petition and entering an order pursuant to this section, shall cause, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History.

5. Within 5 business days after receiving a record of an order transmitted pursuant to subsection 4, the Central Repository for Nevada Records of Criminal History shall take reasonable steps to ensure that the information concerning the adverse party is removed from the Central Repository.

6. If the Central Repository for Nevada Records of Criminal History fails to remove the information as provided in subsection 5, the adverse party may bring an action to compel the removal of the information. If the adverse party prevails in the action, the court may award the adverse party reasonable attorney’s fees and costs incurred in bringing the action.

7. If a petition brought pursuant to subsection 1 is denied, the adverse party may petition for a rehearing not sooner than 2 years after the date of the denial of the petition.

(Added to NRS by 2021, 608)

NRS 62H.040 Release of child’s name for use in civil action.

1. If a child has committed an act which subjects the child to the jurisdiction of the juvenile court and which may form the basis of a civil action, a person who, in good faith, intends to bring or has brought the civil action or any other person who is a party to the civil action may petition the juvenile court for release of the child’s name.

2. If the person who petitions the juvenile court makes a satisfactory showing that the person intends, in good faith, to use the child’s name in the civil action, the juvenile court shall order the release of the child’s name and authorize its use in the civil action.

(Added to NRS by 2003, 1090)

SEALING, UNSEALING AND EXPUNGEMENT OF RECORDS

NRS 62H.100 “Records” defined.

1. As used in NRS 62H.100 to 62H.180, inclusive, unless the context otherwise requires, “records” means any records relating to a child who is within the purview of this title and who:

(a) Is taken into custody by a peace officer or a probation officer or is otherwise taken before a probation officer; or

(b) Appears before the juvenile court or any other court pursuant to the provisions of this title.

2. The term includes records of arrest.

(Added to NRS by 2003, 1091; A 2021, 3425)

NRS 62H.110 Applicability of provisions. The provisions of NRS 62H.100 to 62H.180, inclusive, do not apply to:

1. Information maintained in the standardized system established pursuant to NRS 62H.200;

2. Information that must be collected by the Division of Child and Family Services pursuant to NRS 62H.220;

3. Records that are subject to the provisions of NRS 62F.360; or

4. Records relating to a traffic offense that would have been a misdemeanor if committed by an adult.

(Added to NRS by 2003, 1091; A 2017, 2979; 2021, 3425)

NRS 62H.120 Explanation of certain information concerning sealing of records to be included in court order. Any decree or order entered concerning a child within the purview of this title must contain, for the benefit of the child, an explanation of the contents of NRS 62H.100 to 62H.180, inclusive, and, if applicable, NRS 62F.360.

(Added to NRS by 2003, 1091; A 2017, 2979)

NRS 62H.130 Procedure for sealing records of child who is less than 21 years of age.

1. If a child is less than 21 years of age, the child or a probation or parole officer on behalf of the child may petition the juvenile court for an order sealing all records relating to the child. Except as otherwise provided in NRS 62E.275, the petition may be filed:

(a) Not earlier than 3 years after the child was last adjudicated in need of supervision, adjudicated delinquent, placed under the supervision of the juvenile court pursuant to NRS 62C.230 or determined to be incompetent and unlikely to attain competence in the foreseeable future pursuant to subsection 3 of NRS 62D.185; and

(b) If, at the time the petition is filed, the child does not have any delinquent or criminal charges pending.

2. If a petition is filed pursuant to this section, the juvenile court shall notify the district attorney and, if a probation or parole officer is not the petitioner, the chief probation officer or the Chief of the Youth Parole Bureau.

3. The district attorney and the chief probation officer or any of their deputies, the Chief of the Youth Parole Bureau or his or her designee, or any other person who has evidence that is relevant to consideration of the petition may testify at the hearing on the petition.

4. Except as otherwise provided in subsection 6, after the hearing on the petition, if the juvenile court finds that during the applicable 3-year period, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and the child has been rehabilitated to the satisfaction of the juvenile court, the juvenile court:

(a) May enter an order sealing all records relating to the child if the child is less than 18 years of age; and

(b) Shall enter an order sealing all records relating to the child if the child is 18 years of age or older.

5. In determining whether a child has been rehabilitated to the satisfaction of the juvenile court pursuant to subsection 4 or subsection 4 of NRS 62H.180, the juvenile court may consider:

(a) The age of the child;

(b) The nature of the offense and the role of the child in the commission of the offense;

(c) The behavior of the child after the child was last adjudicated in need of supervision or adjudicated delinquent, placed under the informal supervision of a probation officer pursuant to NRS 62C.200 or placed under the supervision of the juvenile court pursuant to NRS 62C.230;

(d) The response of the child to any treatment or rehabilitation program;

(e) The education and employment history of the child;

(f) The statement of the victim;

(g) The nature of any criminal offense for which the child was convicted;

(h) Whether granting the petition would be in the best interest of the child and the State; and

(i) Any other circumstance that may relate to the rehabilitation of the child.

6. If the juvenile court retains jurisdiction over a civil judgment and a person against whom the civil judgment was entered pursuant to NRS 62B.420, the case caption, case number and order entering the civil judgment must not be sealed until the civil judgment is satisfied or expires. After the civil judgment is satisfied or expires, the child or a person named as a judgment debtor may file a petition to seal such information.

(Added to NRS by 2003, 1091; A 2015, 2570; 2019, 1907; 2021, 2556, 3425)

NRS 62H.140 Automatic sealing of records when child reaches 18 years of age; exceptions.

1. Except as otherwise provided in subsection 2 and NRS 62H.130 and 62H.150, when a child reaches 18 years of age, all records relating to the child must be sealed automatically within 60 days after the date the child reaches 18 years of age.

2. A record relating to a delinquent or unlawful act, criminal charge or act of a child in need of supervision pursuant to NRS 62B.320 for which a child is subject to the jurisdiction of a juvenile court or other agency when the child reaches 18 years of age, including, without limitation, a record relating to a pending delinquent or criminal charge, must be sealed automatically within 60 days after the termination of the jurisdiction of the juvenile court or other agency.

(Added to NRS by 2003, 1091; A 2015, 2571; 2021, 3426)

NRS 62H.150 Limitations on sealing records related to certain delinquent acts.

1. If a child is adjudicated delinquent for an unlawful act listed in subsection 6 and the records relating to that unlawful act have not been sealed by the juvenile court pursuant to NRS 62H.130 before the child reaches 21 years of age, unless the records have not been sealed pursuant to subsection 6 of NRS 62H.130, those records must not be sealed before the child reaches 30 years of age.

2. After the child reaches 30 years of age, the child may petition the juvenile court for an order sealing those records.

3. If a petition is filed pursuant to this section, the juvenile court shall notify the district attorney and the chief probation officer or the Chief of the Youth Parole Bureau.

4. The district attorney and the chief probation officer or any of their deputies, the Chief of the Youth Parole Bureau or his or her designee, or any other person who has evidence that is relevant to consideration of the petition may testify at the hearing on the petition.

5. After the hearing on the petition, the juvenile court may enter an order sealing the records relating to the child if the juvenile court finds that, during the period since the child reached 21 years of age, the child has not been convicted of any offense, except for minor moving or standing traffic offenses.

6. The provisions of this section apply to any of the following unlawful acts:

(a) An unlawful act which, if committed by an adult, would have constituted:

(1) Sexual assault pursuant to NRS 200.366;

(2) Battery with intent to commit sexual assault pursuant to NRS 200.400; or

(3) Lewdness with a child pursuant to NRS 201.230.

(b) An unlawful act which would have been a felony if committed by an adult and which involved the use or threatened use of force or violence.

(Added to NRS by 2003, 1092; A 2015, 2571)

NRS 62H.160 Procedure for sealing records of child: Duties of juvenile court and other public officers and agencies.

1. If the juvenile court enters an order sealing the records relating to a child or the records are sealed automatically, all records relating to the child must be sealed that are in the custody of:

(a) The juvenile court or any other court;

(b) A probation officer, probation department or law enforcement agency; or

2. If the juvenile court enters an order sealing the records relating to a child, the juvenile court shall send a copy of the order to each public officer or agency named in the order. Not later than 5 days after receipt of the order, each public officer or agency shall:

(a) Seal the records in the custody of the public officer or agency, as directed by the order;

(b) Advise the juvenile court of compliance with the order; and

(Added to NRS by 2003, 1092)

NRS 62H.170 Effect of sealing records; inspection of sealed records in certain circumstances.

1. Except as otherwise provided in this section, if the records of a person are sealed:

(a) All proceedings recounted in the records are deemed never to have occurred; and

(b) The person may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings.

2. The juvenile court may order the inspection of records that are sealed if:

(a) The person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the persons named in the petition;

(b) An agency charged with the medical or psychiatric care of the person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the agency;

(c) A prosecuting attorney or a defendant in a criminal action petitions the juvenile court to permit the inspection of the records to obtain information relating to the persons, including the defendant, who were involved in the acts detailed in the records;

(d) The person who is the subject of the records has committed an act which subjects the person to the jurisdiction of the juvenile court and which may form the basis of a civil action and a person who, in good faith, intends to bring or has brought the civil action, or any other person who is a party to the civil action, petitions the juvenile court to permit the inspection of the records to obtain information relating to the person who is the subject of the records; or

(e) The juvenile court determines that the inspection of the records is necessary to:

(1) Perform bona fide outcome and recidivism studies, which may include, without limitation, using personal identifying information from sealed juvenile records to perform criminal background checks on persons who were adjudicated pursuant to this title;

(2) Further bona fide research to determine the effectiveness of juvenile justice services;

(3) Improve the delivery of juvenile justice services; or

(4) Obtain additional resources for the delivery of juvenile justice services.

Ê Personal identifying information contained in records inspected or obtained from criminal background checks pursuant to this paragraph must remain confidential in a manner consistent with any applicable laws and regulations.

3. Upon its own order, any court of this State may inspect records that are sealed if the records relate to a person who is less than 21 years of age and who is to be sentenced by the court in a criminal proceeding.

4. A federal, state or local governmental entity, or an agency of such an entity, may inspect or release records or information used to perform a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law.

(Added to NRS by 2003, 1092; A 2013, 520; 2015, 2572; 2023, 2439)

NRS 62H.180 Procedure for expunging records of child who is 18 years of age or older.

1. A child 18 years of age or older may petition the juvenile court for an order expunging all records of the person relating to:

(a) An unlawful act that, if committed by an adult, would have been a misdemeanor; and

(b) An act of a child in need of supervision pursuant to NRS 62B.320.

2. If a petition is filed pursuant to subsection 1, the juvenile court shall notify the district attorney and the chief probation officer or the Chief of the Youth Parole Bureau, as applicable.

3. The district attorney and the chief probation officer or any of their deputies, the Chief of the Youth Parole Bureau or his or her designee or any other person who has evidence that is relevant to the consideration of a petition filed pursuant to subsection 1 may testify at the hearing on the petition.

4. After the hearing on a petition filed pursuant to subsection 1, if the juvenile court finds that the child has been rehabilitated to the satisfaction of the juvenile court, the juvenile court shall enter an order expunging all records described in subsection 1. In determining whether a child has been rehabilitated to the satisfaction of the juvenile court, the juvenile court may consider the factors listed in subsection 5 of NRS 62H.130.

5. If the juvenile court enters an order expunging the records of a child pursuant to this section:

(a) All proceedings recounted in the records are deemed never to have occurred;

(b) The child may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings;

(1) Expunged that are in the custody of the juvenile court or any other court; and

(2) Destroyed that are in the custody of:

(I) A probation officer, probation department or law enforcement agency; or

(II) Any other public officer or agency.

6. If the juvenile court enters an order expunging the records relating to a child filed pursuant to subsection 1, the juvenile court shall send a copy of the order to each public officer or agency named in the order. Not later than 60 days after receipt of the order, each public officer or agency shall:

(a) Destroy the records in the custody of the public officer or agency, as directed by the order;

(b) Advise the juvenile court of compliance with the order; and

(Added to NRS by 2021, 3424)

STANDARDIZED SYSTEM FOR REPORTING INFORMATION

1. The Division of Child and Family Services shall:

(a) Establish a standardized system for the reporting, collection, analysis, maintenance and retrieval of information concerning juvenile justice in this State.

(b) Be responsible for the retrieval and analysis of the categories of information contained in the standardized system and the development of any reports from that information.

(c) Adopt such regulations as are necessary to carry out the provisions of this section, including requirements for the transmittal of information to the standardized system from the juvenile courts, local juvenile probation departments and the staff of the youth correctional services, as directed by the Department of Health and Human Services.

(d) Adopt such regulations as are necessary to implement the performance measures and evidence-based standards developed by the Commission pursuant to NRS 62B.610 and 62B.615.

2. Each juvenile court and local juvenile probation department and the staff of the youth correctional services, as directed by the Department of Health and Human Services, shall comply with the regulations adopted pursuant to this section.

3. The Division of Child and Family Services may withhold state money from a juvenile court or department of juvenile services that does not comply with the regulations adopted pursuant to this section. Before any money is withheld, the Division shall:

(a) Notify the department of juvenile services of the specific provisions of the regulations adopted pursuant to this section with which the department is not in compliance;

(b) Require the department of juvenile services to submit a corrective action plan to the Division within 60 days after receiving such a notice of noncompliance; and

(c) If the department of juvenile services does not submit or adhere to a corrective action plan, notify the department that money will be withheld and specify the amount thereof.

(Added to NRS by 2003, 1093; A 2017, 4395)

NRS 62H.210 Information to be collected by standardized system regarding children referred to system of juvenile justice; confidentiality.

1. Except as otherwise provided in subsection 3, the standardized system established pursuant to NRS 62H.200 must collect, categorize and maintain the following information from the juvenile courts, local juvenile probation departments, the staff of regional facilities for the treatment and rehabilitation of children and the staff of the youth correctional services, as directed by the Department of Health and Human Services, regarding each child referred to the system of juvenile justice in this State:

(a) Any unique identifying information assigned to the child;

(b) Basic demographic information regarding the child, including, but not limited to:

(1) The age, sex and race or other ethnic background of the child;

(2) The composition of the household in which the child resides; and

(3) The economic and educational background of the child;

(c) The charges for which the child is referred, including, without limitation, any charges of violations of probation or parole;

(d) The dates of any detention of the child;

(e) The nature of the disposition of each referral of the child;

(f) The dates any petitions are filed regarding the child, and the charges set forth in those petitions;

(g) The disposition of any petitions filed regarding the child, including any applicable findings;

(h) The assessed risks and needs of the child;

(i) The supervision of the child, including, without limitation, whether the child was placed in a residential facility; and

(j) Any programs and services provided to the child.

2. In addition to the information required pursuant to subsection 1 and except as otherwise provided in subsection 3, the Department of Health and Human Services shall require the staff of regional facilities for the treatment and rehabilitation of children and the staff of the youth correctional services to collect and transmit the following information to the standardized system regarding each child committed to or otherwise placed in the custody of the Division of Child and Family Services:

(a) A record of each placement of the child, including, but not limited to, the location and period of each placement and the programs and services provided to the child during each placement;

(b) Any disciplinary action taken against the child during the child’s placement;

(c) Any education or vocational training provided to the child during the child’s placement and the educational and employment status of the child after release of the child on parole;

(d) The dates of each release of the child, including any release of the child on parole;

(e) If the child is released on parole, the period of each release and the services provided to the child during each release; and

(f) The nature of or reason for each discharge of the child from the custody of the regional facility for the treatment and rehabilitation of children or the Division of Child and Family Services.

3. The information maintained in the standardized system must not include the name or address of any person.

(Added to NRS by 2003, 1093; A 2017, 4396)

NRS 62H.220 Division of Child and Family Services to collect certain information regarding child adjudicated delinquent for sexual offense; confidentiality.

1. For each child adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult, the Division of Child and Family Services shall collect from the juvenile courts, local juvenile probation departments and the staff of the youth correctional services, as directed by the Department of Health and Human Services:

(a) The information listed in NRS 62H.210;

(b) The name of the child; and

(1) Were directly related to the delinquent act committed by the child; or

(2) Were designed or utilized to prevent the commission of another such act by the child in the future.

2. The Division of Child and Family Services shall provide the information collected pursuant to subsection 1 to the Director of the Department of Health and Human Services for use in the program established pursuant to NRS 62H.300, 62H.310 and 62H.320.

3. Except as otherwise provided in NRS 239.0115, all information containing the name of the child and all information relating to programs of treatment in which the child participated is confidential and must not be used for a purpose other than that provided for in this section and NRS 62H.320.

4. As used in this section, “sexual offense” means:

(a) Sexual assault pursuant to NRS 200.366;

(b) Statutory sexual seduction pursuant to NRS 200.368;

(d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

(e) Incest pursuant to NRS 201.180;

(f) Open or gross lewdness pursuant to NRS 201.210;

(g) Indecent or obscene exposure pursuant to NRS 201.220;

(h) Lewdness with a child pursuant to NRS 201.230;

(i) Sexual penetration of a dead human body pursuant to NRS 201.450;

(j) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony;

(k) Annoyance or molestation of a minor pursuant to NRS 207.260;

(l) An attempt to commit an offense listed in paragraphs (a) to (k), inclusive;

(m) An offense that is determined to be sexually motivated pursuant to NRS 175.547; or

(n) An offense committed in another jurisdiction that, if committed in this State, would have been an offense listed in this subsection.

(Added to NRS by 2003, 1094; A 2007, 2068; 2009, 1842; 2013, 1159)

NRS 62H.225 Division of Child and Family Services to submit annual report on various aspects of juvenile justice system.

1. The Division of Child and Family Services shall annually analyze the information submitted to the Division pursuant to NRS 62H.210 to determine:

(a) Juvenile justice system trends, including, without limitation, referrals to the juvenile justice system, diversion and disposition of cases, levels of supervision provided to children, placement of children and programs and services offered to children;

(b) Whether children of racial or ethnic minorities or children from economically disadvantaged backgrounds are receiving disparate treatment in the juvenile justice system;

(d) The effectiveness of services provided by the juvenile justice system, including, without limitation, the effectiveness of the evidence-based standards developed by the Commission pursuant to NRS 62B.615; and

(e) The rates of recidivism for children either supervised by local juvenile probation departments or committed to the Division.

2. On or before January 31 of each year, the Division shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report detailing the information compiled pursuant to subsection 1.

(Added to NRS by 2017, 4393)

DATA CONCERNING JUVENILE SEX OFFENDERS

NRS 62H.300 Legislative findings and declarations. The Legislature hereby finds and declares that:

1. A significant number of offenders in Nevada have been convicted of sexual offenses. Many of these offenders have been convicted of sexual offenses on more than one occasion, and many of these offenders began committing sexual offenses as juveniles.

2. There is a great need for a continuing statistical analysis regarding the recidivism of juvenile sex offenders so that the most appropriate punishment and treatment may be identified to prevent these juvenile sex offenders, as juveniles, from committing further acts that, if committed by adults, would be sexual offenses or, later as adults, from committing sexual offenses.

(Added to NRS by 2009, 1841)

NRS 62H.310 Definitions. As used in this section and NRS 62H.300 and 62H.320:

1. “Juvenile sex offender” means a child adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense.

2. “Sexual offense” means:

(a) Sexual assault pursuant to NRS 200.366;

(b) Statutory sexual seduction pursuant to NRS 200.368;

(d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

(e) Incest pursuant to NRS 201.180;

(f) Open or gross lewdness pursuant to NRS 201.210;

(g) Indecent or obscene exposure pursuant to NRS 201.220;

(h) Lewdness with a child pursuant to NRS 201.230;

(i) Sexual penetration of a dead human body pursuant to NRS 201.450;

(j) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;

(k) An attempt to commit an offense listed in paragraphs (a) to (j), inclusive;

(l) An offense that is determined to be sexually motivated pursuant to NRS 175.547; or

(m) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this subsection.

(Added to NRS by 2009, 1841; A 2013, 1159)

NRS 62H.320 Director of Department of Health and Human Services to establish program to compile and analyze data concerning juvenile sex offenders.

1. The Director of the Department of Health and Human Services shall establish within the Department a program to compile and analyze data concerning juvenile sex offenders. The program must be designed to:

(a) Provide statistical data relating to the recidivism of juvenile sex offenders; and

(b) Use the data provided by the Division of Child and Family Services of the Department of Health and Human Services pursuant to NRS 62H.220 to assess the effectiveness of programs for the treatment of juvenile sex offenders.

2. The Director of the Department of Health and Human Services shall report the statistical data and findings from the program to:

(a) The Legislature at the beginning of each regular session.

(b) The Joint Interim Standing Committee on the Judiciary on or before January 31 of each even-numbered year.

3. The data acquired pursuant to this section is confidential and must be used only for the purpose of research. The data and findings generated pursuant to this section must not contain information that may reveal the identity of a juvenile sex offender or the identity of an individual victim of a crime.

(Added to NRS by 2009, 1842; A 2021, 2515)

DATA AND INFORMATION CONCERNING COMPETENCY OF CHILDREN

NRS 62H.400 Departments of juvenile services and Youth Parole Bureau to submit annual data and information concerning proceedings to determine competency of children.

1. Not later than December 1 of each year, each department of juvenile services and the Youth Parole Bureau shall submit data and information relating to any proceeding to determine the competency of a child to the Division of Child and Family Services. The information must include, without limitation, for the immediately preceding 12 months:

(a) The number of children evaluated for competency;

(b) The number of children determined not competent to proceed and the nature of the cause for the lack of competency;

(d) Any other data or information which is necessary, as determined by the Division of Child and Family Services.

2. The data and information submitted pursuant to subsection 1 must be submitted in a format determined by the Division of Child and Family Services.

(Added to NRS by 2021, 2556)