US Laws, Codes, Statutes & Cases

CHAPTER 62B - GENERAL ADMINISTRATION; JURISDICTION

GENERAL ADMINISTRATION

Juvenile Courts

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

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

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

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

 

Fiscal Administration

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

NRS 62B.110           Parent or guardian to reimburse county for ancillary services provided to child; civil remedy.

NRS 62B.120           Commitment of child to custody of institution or person other than parent or guardian is charge upon county; parent or guardian may be ordered to pay for support of such child; penalty for failure to pay.

NRS 62B.130           Parent or guardian to reimburse county for support of child during detention in local or regional facility for detention of children; civil remedy.

NRS 62B.140           Expenses related to commitment of child to regional facility for detention of children: Payment by county; reimbursement by parent or guardian of child.

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

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

 

Facilities for the Detention of Children

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

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

JURISDICTION

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

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

NRS 62B.320           Child in need of supervision.

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

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

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

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

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

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

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

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

NRS 62B.410           Termination and retention of jurisdiction.

_________

GENERAL ADMINISTRATION

Juvenile Courts

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

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

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

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

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

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

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

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

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

      (Added to NRS by 2003, 1027)

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

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

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

      (a) A minor traffic offense; or

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

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

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

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

      (a) May not be taxed against the parties.

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

      (Added to NRS by 2003, 1027)

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

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

      (a) Swear witnesses.

      (b) Take evidence.

      (c) Make findings of fact and recommendations.

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

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

      (a) All papers relating to the case;

      (b) Written findings of fact; and

      (c) Written recommendations.

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

      (a) The master’s findings of fact;

      (b) The master’s recommendations;

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

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

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

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

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

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

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

      (Added to NRS by 2003, 1028)

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

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

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

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

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

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

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

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

      (Added to NRS by 2003, 1032)

Fiscal Administration

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

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

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

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

      (Added to NRS by 2003, 1087)

      NRS 62B.110  Parent or guardian to reimburse county for ancillary services provided to child; civil remedy.

      1.  If a child becomes subject to the jurisdiction of the juvenile court and the child receives ancillary services that are administered or financed by a county, including, but not limited to, transportation or psychiatric, psychological or medical services, the county is entitled to reimbursement from the parent or guardian of the child for all money expended by the county for such services.

      2.  To determine the amount that the parent or guardian of the child must reimburse the county for such services:

      (a) The board of county commissioners may adopt a sliding scale based on the ability of the parent or guardian to pay; and

      (b) The juvenile court shall review each case and make a finding as to the reasonableness of the charge in relation to the ability of the parent or guardian to pay.

      3.  If the parent or guardian of the child fails or refuses to reimburse the county, the board of county commissioners may recover from the parent or guardian, by appropriate legal action, all money due plus interest thereon at the rate of 7 percent per annum commencing 30 days after an itemized statement of all money due is submitted to the parent or guardian.

      (Added to NRS by 2003, 1087)

      NRS 62B.120  Commitment of child to custody of institution or person other than parent or guardian is charge upon county; parent or guardian may be ordered to pay for support of such child; penalty for failure to pay.

      1.  Except as otherwise provided in this chapter, if the juvenile court commits a child to the custody of a person who is not the parent or guardian of the child or to the custody of a public or private institution or agency, and no provision is otherwise made by law for the support of the child, the expenses incurred for the support of the child while in such custody, if approved by an order of the juvenile court, are a charge upon the county where the child has a legal residence.

      2.  Notwithstanding any other statute providing for the support of such a child, after the parent or guardian of the child has been given notice and a reasonable opportunity to be heard, the juvenile court may order the parent or guardian to pay, in such a manner as the juvenile court may direct and within the ability of the parent or guardian to pay, money to cover in whole or in part the support of the child.

      3.  If the parent or guardian of the child willfully fails or refuses to pay the money due, the juvenile court may proceed against the parent or guardian for contempt.

      4.  If the juvenile court orders the parent or guardian of the child to pay for the support of the child pursuant to this section, the money must be paid to the superintendent of the county school district or fiscal officer of the institution to which the child is committed, or the chief administrative officer of the agency to whom the child is committed.

      (Added to NRS by 2003, 1087, 1088)

      NRS 62B.130  Parent or guardian to reimburse county for support of child during detention in local or regional facility for detention of children; civil remedy.

      1.  If a child is detained other than pursuant to a court order in a local or regional facility for the detention of children, the county that has detained the child is entitled to reimbursement from the parent or guardian of the child for all money expended by the county for the support of the child during the period of the child’s detention.

      2.  If the parent or guardian of the child fails or refuses to reimburse the county, the board of county commissioners may recover from the parent or guardian, by appropriate legal action, all money due plus interest thereon at the rate of 7 percent per annum.

      (Added to NRS by 2003, 1087)

      NRS 62B.140  Expenses related to commitment of child to regional facility for detention of children: Payment by county; reimbursement by parent or guardian of child.

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

      2.  The juvenile court may order the parent or guardian of the child to reimburse the county, in whole or in part, for any money expended by the county for the support of the child.

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

      (Added to NRS by 2003, 1087)

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

      1.  Except as otherwise provided in subsection 6, each county shall pay an assessment for the operation of each regional facility for the detention of children that is partially supported by the State of Nevada and is operated by a county whose population is less than 400,000.

      2.  The assessment owed by each county equals the total amount budgeted by the Legislature for the operation of the regional facility, minus any money appropriated by the Legislature for the support of the regional facility, divided by the total number of pupils in this State in the preceding school year, excluding pupils in counties whose population is 400,000 or more, and multiplied by the number of pupils in the assessed county. The Administrator of the Division of Child and Family Services shall calculate the assessment owed by each county in June of each year for the ensuing fiscal year.

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

      4.  The Administrator of the Division of Child and Family Services shall deposit the money received pursuant to subsection 3 in a separate account in the State General Fund. The money in the account may be withdrawn only by the Administrator for the operation of regional facilities for the detention of children.

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

      6.  The provisions of this section do not apply to a county whose population is 400,000 or more.

      7.  As used in this section, “regional facility for the detention of children” or “regional facility” does not include the institution in Lyon County known as Western Nevada Regional Youth Center.

      (Added to NRS by 2003, 1085)

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

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

      (a) Is operated by a county whose population is less than 400,000 or an administrative entity established pursuant to NRS 277.080 to 277.180, inclusive, by counties whose populations are less than 400,000 each;

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

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

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

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

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

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

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

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

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

      5.  The provisions of this section do not apply to a county whose population is 400,000 or more.

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

      (Added to NRS by 2003, 1085)

Facilities for the Detention of Children

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

      1.  The board of county commissioners:

      (a) In a county whose population is 50,000 or more, shall provide a facility for the detention of children.

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

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

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

      (Added to NRS by 2003, 1084)

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

      1.  Any facility for the detention of children:

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

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

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

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

      (Added to NRS by 2003, 1084)

JURISDICTION

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

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

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

      (Added to NRS by 2003, 1027)

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

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

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

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

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

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

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

      (Added to NRS by 2003, 1030)

      NRS 62B.320  Child in need of supervision.

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

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

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

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

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

      (Added to NRS by 2003, 1028)

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

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

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

      (a) Violates a county or municipal ordinance;

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

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

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

      (a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.

      (b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:

             (1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and

             (2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

      (c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:

             (1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and

             (2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

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

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

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

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

      (Added to NRS by 2003, 1029)

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

      1.  On probation; or

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

      (Added to NRS by 2003, 1029)

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

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

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

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

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

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

      (Added to NRS by 2003, 1032)

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

      (Added to NRS by 2003, 1028)

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

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

      2.  A court shall not transfer a case and record to the juvenile court if the proceeding involves a criminal offense excluded from the original jurisdiction of the juvenile court pursuant to NRS 62B.330.

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

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

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

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

      (Added to NRS by 2003, 1030)

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

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

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

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

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

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

      (Added to NRS by 2003, 1030)

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

      1.  Except as otherwise provided in subsection 2 and NRS 62B.400, upon a motion by the district attorney and after a full investigation, the juvenile court may certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the child:

      (a) Is charged with an offense that would have been a felony if committed by an adult; and

      (b) Was 14 years of age or older at the time the child allegedly committed the offense.

      2.  Except as otherwise provided in subsection 3, upon a motion by the district attorney and after a full investigation, the juvenile court shall certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the child:

      (a) Is charged with:

             (1) A sexual assault involving the use or threatened use of force or violence against the victim; or

             (2) An offense or attempted offense involving the use or threatened use of a firearm; and

      (b) Was 14 years of age or older at the time the child allegedly committed the offense.

      3.  The juvenile court shall not certify a child for criminal proceedings as an adult pursuant to subsection 2 if the juvenile court specifically finds by clear and convincing evidence that:

      (a) The child is developmentally or mentally incompetent to understand his situation and the proceedings of the court or to aid his attorney in those proceedings; or

      (b) The actions of the child were substantially the result of the substance abuse or emotional or behavioral problems of the child and the substance abuse or emotional or behavioral problems may be appropriately treated through the jurisdiction of the juvenile court.

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

      5.  If a child has been certified for criminal proceedings as an adult pursuant to subsection 1 or 2 and the child’s case has been transferred out of the juvenile court:

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

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

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

      (Added to NRS by 2003, 1030; A 2003, 1511)

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

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

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

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

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

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

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

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

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

      (Added to NRS by 2003, 1031)

      NRS 62B.410  Termination and retention of jurisdiction.  Except as otherwise provided in NRS 62F.110 and 62F.220, if a child is subject to the jurisdiction of the juvenile court, the juvenile court:

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

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

      (Added to NRS by 2003, 1030)