2005 Nevada Revised Statutes - Chapter 62A — General Provisions

Title 5 - JUVENILE JUSTICE

CHAPTER 62A - GENERAL PROVISIONS

NRS 62A.010 Definitions.

NRS 62A.020 CentralRepository defined.

NRS 62A.030 Childdefined.

NRS 62A.040 Childin need of supervision defined.

NRS 62A.050 Communitynotification defined.

NRS 62A.060 Communityservice defined.

NRS 62A.070 Delinquentchild defined.

NRS 62A.080 Directorof juvenile services defined.

NRS 62A.090 Divisionof Child and Family Services defined.

NRS 62A.100 Divisionof Parole and Probation defined.

NRS 62A.110 Evaluationcenter defined.

NRS 62A.120 Familydivision defined.

NRS 62A.130 Firearmdefined.

NRS 62A.140 Guardiandefined.

NRS 62A.150 Highwaydefined.

NRS 62A.160 Indianchild defined.

NRS 62A.170 IndianChild Welfare Act defined.

NRS 62A.180 Juvenilecourt defined.

NRS 62A.190 Localfacility for the detention of children defined.

NRS 62A.200 Locallaw enforcement agency defined.

NRS 62A.210 Masterof the juvenile court defined.

NRS 62A.220 Minortraffic offense defined.

NRS 62A.230 Parentdefined.

NRS 62A.240 Privateschool defined.

NRS 62A.250 Propertydefined.

NRS 62A.260 Publicschool defined.

NRS 62A.270 Qualifiedprofessional defined.

NRS 62A.280 Regionalfacility for the detention of children defined.

NRS 62A.290 Restitutiondefined.

NRS 62A.300 Schoolbus defined.

NRS 62A.310 Sealdefined.

NRS 62A.320 Sexuallymotivated act defined.

NRS 62A.330 Statefacility for the detention of children defined.

NRS 62A.340 Treatmentfacility defined.

NRS 62A.350 YouthParole Bureau defined.

NRS 62A.360 Legislativedeclaration.

NRS 62A.370 Dutyof public officers and agencies to further objects of title.

NRS 62A.380 Useof services and facilities of agencies which provide child welfare services;duties of such agencies.

_________

NRS 62A.010 Definitions. As used in this title, unless the context otherwiserequires, the words and terms defined in NRS62A.020 to 62A.350, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 2003, 1023)

NRS 62A.020 CentralRepository defined. Central Repositorymeans the Central Repository for Nevada Records of Criminal History.

(Added to NRS by 2003, 1023)

NRS 62A.030 Childdefined.

1. Child means:

(a) A person who is less than 18 years of age;

(b) A person who is less than 21 years of age andsubject to the jurisdiction of the juvenile court for an unlawful act that wascommitted before the person reached 18 years of age; or

(c) A person who is otherwise subject to thejurisdiction of the juvenile court as a juvenile sex offender pursuant to theprovisions of NRS 62F.200 to 62F.260, inclusive.

2. The term does not include a person who is excludedfrom the jurisdiction of the juvenile court pursuant to NRS 62B.330 or a person who is certifiedfor criminal proceedings as an adult pursuant to NRS 62B.390 or 62B.400.

(Added to NRS by 2003, 1023)

NRS 62A.040 Childin need of supervision defined. Child inneed of supervision means a child who is adjudicated to be in need ofsupervision pursuant to the provisions of this title.

(Added to NRS by 2003, 1023)

NRS 62A.050 Communitynotification defined. Community notificationmeans notification of a community pursuant to the guidelines and proceduresestablished by the Attorney General for juvenile sex offenders pursuant to NRS 179D.800.

(Added to NRS by 2003, 1023)

NRS 62A.060 Communityservice defined.

1. Community service means community serviceperformed in accordance with NRS 62E.190.

2. The term includes, but is not limited to, publicservice, work on public projects, supervised work for the benefit of thecommunity or any other work required by the juvenile court.

(Added to NRS by 2003, 1023)

NRS 62A.070 Delinquentchild defined. Delinquent child means achild who is adjudicated delinquent pursuant to the provisions of this title.

(Added to NRS by 2003, 1023)

NRS 62A.080 Directorof juvenile services defined. Director ofjuvenile services means:

1. In a judicial district that does not include acounty whose population is 100,000 or more, the chief probation officer who isappointed pursuant to NRS 62G.050;

2. In a judicial district that includes a county whosepopulation is 100,000 or more but less than 400,000, the director of juvenileservices who is appointed pursuant to NRS62G.130; or

3. In a judicial district that includes a county whosepopulation is 400,000 or more, the director of the department of juvenilejustice services who is appointed pursuant to NRS 62G.330 or who is appointed pursuantto NRS 62G.200 to 62G.240, inclusive.

(Added to NRS by 2003, 1023)

NRS 62A.090 Divisionof Child and Family Services defined. Divisionof Child and Family Services means the Division of Child and Family Servicesof the Department of Health and Human Services.

(Added to NRS by 2003, 1024)

NRS 62A.100 Divisionof Parole and Probation defined. Division ofParole and Probation means the Division of Parole and Probation of theDepartment of Public Safety.

(Added to NRS by 2003, 1024)

NRS 62A.110 Evaluationcenter defined. Evaluation center means afacility which is approved by the Health Division of the Department of Healthand Human Services to provide an evaluation of an offender to a court todetermine if the offender is an abuser of alcohol or another drug. The termincludes a facility operated by a court or other governmental agency.

(Added to NRS by 2003, 1024)

NRS 62A.120 Familydivision defined. Family division means thefamily division of the district court.

(Added to NRS by 2003, 1024)

NRS 62A.130 Firearmdefined. Firearm means any device designedto be used as a weapon from which a projectile may be expelled through thebarrel by the force of any explosion or other form of combustion.

(Added to NRS by 2003, 1024)

NRS 62A.140 Guardiandefined. Guardian means a person, other thana parent or a state or local agency, who is legally responsible for the care,custody or support of a child.

(Added to NRS by 2003, 1024)

NRS 62A.150 Highwaydefined. Highway means a street, road, alleyor thoroughfare of any kind used by the public.

(Added to NRS by 2003, 1024)

NRS 62A.160 Indianchild defined. Indian child has the meaningascribed to it in 25 U.S.C. 1903.

(Added to NRS by 2003, 1024)

NRS 62A.170 IndianChild Welfare Act defined. Indian ChildWelfare Act means the Indian Child Welfare Act of 1978, 25 U.S.C. 1901 etseq.

(Added to NRS by 2003, 1024)

NRS 62A.180 Juvenilecourt defined.

1. Juvenile court means each district judge who isassigned to serve as a judge of the juvenile court pursuant to NRS 62B.010 or court rule.

2. The term includes a master who is performing an acton behalf of the juvenile court if:

(a) The juvenile court delegates authority to themaster to perform the act in accordance with the Constitution of the State ofNevada; and

(b) The master performs the act within the limits ofthe authority delegated to the master.

(Added to NRS by 2003, 1024)

NRS 62A.190 Localfacility for the detention of children defined. Localfacility for the detention of children means a local facility for thedetention or commitment of children which is administered by a county.

(Added to NRS by 2003, 1024)

NRS 62A.200 Locallaw enforcement agency defined. Local law enforcementagency means:

1. The sheriffs office of a county;

2. A metropolitan police department; or

3. A police department of an incorporated city.

(Added to NRS by 2003, 1024)

NRS 62A.210 Masterof the juvenile court defined. Master of thejuvenile court means a person who is appointed to act as a master of thejuvenile court pursuant to NRS 62B.020.

(Added to NRS by 2003, 1024)

NRS 62A.220 Minortraffic offense defined. Minor trafficoffense means a violation of any state or local law or ordinance governing theoperation of a motor vehicle upon any highway within this State other than:

1. A violation of chapter484 or 706 of NRS that causes the death ofa person;

2. A violation of NRS484.379; or

3. A violation declared to be a felony.

(Added to NRS by 2003, 1024)

NRS 62A.230 Parentdefined. Parent means a natural parent,adoptive parent or stepparent.

(Added to NRS by 2003, 1025)

NRS 62A.240 Privateschool defined. Private school includesprivate elementary and secondary educational institutions. The term does notinclude a home in which instruction is provided to a child who is excused fromcompulsory attendance pursuant to subsection 1 of NRS 392.070 or a school or educationalprogram that is conducted exclusively for children who have been adjudicateddelinquent.

(Added to NRS by 2003, 1025)

NRS 62A.250 Propertydefined. Property includes real or personalproperty.

(Added to NRS by 2003, 1025)

NRS 62A.260 Publicschool defined. Public school includes allkindergartens and elementary schools, junior high schools and middle schools,high schools, charter schools and any other schools, classes and educationalprograms which receive their support through public taxation and, except forcharter schools, whose textbooks and courses of study are under the control ofthe State Board of Education. The term does not include a school or educationalprogram that is conducted exclusively for children who have been adjudicateddelinquent.

(Added to NRS by 2003, 1025)

NRS 62A.270 Qualifiedprofessional defined. Qualifiedprofessional means:

1. A psychiatrist licensed to practice medicine inthis state and certified by the American Board of Psychiatry and Neurology,Inc.;

2. A psychologist licensed to practice in this state;

3. A social worker holding a masters degree in socialwork and licensed in this state as a clinical social worker;

4. A registered nurse holding a masters degree in thefield of psychiatric nursing and licensed to practice professional nursing inthis state; or

5. A marriage and family therapist licensed in thisstate pursuant to chapter 641A of NRS.

(Added to NRS by 2003, 1025)

NRS 62A.280 Regionalfacility for the detention of children defined.

1. Regional facility for the detention of childrenmeans a regional facility for the detention or commitment of children which isadministered by or for the benefit of more than one governmental entity.

2. The term includes, but is not limited to:

(a) The institution in Clark County known as SpringMountain Youth Camp;

(b) The institution in Douglas County known as ChinaSpring Youth Camp; and

(c) The institution in Lyon County known as WesternNevada Regional Youth Facility.

3. The term does not include:

(a) Any local facility for the detention of children;or

(b) The Nevada Youth Training Center, the CalienteYouth Center or any state facility for the detention of children.

(Added to NRS by 2003, 1025)

NRS 62A.290 Restitutiondefined. Restitution means restitution orderedby the juvenile court pursuant to NRS62E.550 to 62E.610, inclusive.

(Added to NRS by 2003, 1025)

 

NRS 62A.300 Schoolbus defined. School bus includes everymotor vehicle owned by or under the control of a public or governmental agencyor a private school and regularly operated for the transportation of childrento or from school or a school activity or privately owned and regularlyoperated for compensation for the transportation of children to or from schoolor a school activity. The term does not include a passenger car operated undera contract to transport children to and from school, a common carrier orcommercial vehicle under the jurisdiction of the Surface Transportation Boardor the Transportation Services Authority when such a vehicle is operated in theregular conduct of its business in interstate or intrastate commerce within theState of Nevada.

(Added to NRS by 2003, 1025)

NRS 62A.310 Sealdefined. Seal means to place the records ina separate file or other repository not accessible to the public.

(Added to NRS by 2003, 1026)

NRS 62A.320 Sexuallymotivated act defined. Sexually motivatedact means an unlawful act that is determined to be sexually motivated pursuantto NRS 62F.010.

(Added to NRS by 2003, 1026)

NRS 62A.330 Statefacility for the detention of children defined.

1. State facility for the detention of childrenmeans a state facility for the detention or commitment of children which isadministered by the State of Nevada.

2. The term includes, but is not limited to, theNevada Youth Training Center and the Caliente Youth Center.

(Added to NRS by 2003, 1026)

NRS 62A.340 Treatmentfacility defined. Treatment facility meansa facility for the treatment of abuse of alcohol or drugs that is certified bythe Health Division of the Department of Health and Human Services.

(Added to NRS by 2003, 1026)

NRS 62A.350 YouthParole Bureau defined. Youth Parole Bureaumeans the Youth Parole Bureau of the Division of Child and Family Services.

(Added to NRS by 2003, 1026)

NRS 62A.360 Legislativedeclaration. The Legislature hereby declaresthat:

1. This title must be liberally construed to the endthat:

(a) Each child who is subject to the jurisdiction ofthe juvenile court must receive such care, guidance and control, preferably inthe childs own home, as will be conducive to the childs welfare and the bestinterests of this state; and

(b) When a child is removed from the control of theparent or guardian of the child, the juvenile court shall secure for the childa level of care which is equivalent as nearly as possible to the care thatshould have been given to the child by the parent or guardian.

2. One of the purposes of this title is to promote theestablishment, supervision and implementation of preventive programs that aredesigned to prevent a child from becoming subject to the jurisdiction of thejuvenile court.

(Added to NRS by 2003, 1026)

NRS 62A.370 Dutyof public officers and agencies to further objects of title. Each public officer and agency shall, to the extent of thejurisdictional power of the public officer or agency, render all assistance andcooperation that may further the objects of this title.

(Added to NRS by 2003, 1026)

NRS 62A.380 Useof services and facilities of agencies which provide child welfare services;duties of such agencies.

1. In carrying out the objects and purposes of thistitle, the juvenile court may use the services and facilities of the agencywhich provides child welfare services.

2. The agency which provides child welfare servicesshall determine the plans, placements and services to be provided to any childpursuant to the provisions of this title, chapter432 of NRS and NRS 432B.010 to 432B.400, inclusive.

3. As used in this section, agency which provideschild welfare services means:

(a) In a county whose population is less than 100,000,the local office of the Division of Child and Family Services; or

(b) In a county whose population is 100,000 or more,the agency of the county,

whichprovides or arranges for necessary child welfare services.

(Added to NRS by 2003, 1026)

 

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