2005 Nevada Revised Statutes - Chapter 62H — Records Related to Children

CHAPTER 62H - RECORDS RELATED TO CHILDREN

COLLECTION AND DISCLOSURE OF INFORMATION

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

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

NRS 62H.030 Maintenanceand inspection of records.

NRS 62H.040 Releaseof childs name for use in civil action.

SEALING AND UNSEALING OF RECORDS

NRS 62H.100 Recordsdefined.

NRS 62H.110 Applicabilityof provisions.

NRS 62H.120 Explanationof certain information concerning sealing of records to be included in courtorder.

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

NRS 62H.140 Automaticsealing of records when child reaches 21 years of age; exception.

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

NRS 62H.160 Procedurefor sealing records of child: Duties of juvenile court and other publicofficers and agencies.

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

STANDARDIZED SYSTEM FOR REPORTING INFORMATION

NRS 62H.200 Divisionof Child and Family Services to establish standardized system for collectingand analyzing information concerning juvenile justice; regulations.

NRS 62H.210 Informationto be collected by standardized system regarding children referred to system ofjuvenile justice; confidentiality.

NRS 62H.220 Divisionof Child and Family Services to collect certain information regarding childadjudicated delinquent for sexual offense; confidentiality.

NRS 62H.230 Probationdepartments to analyze information submitted to standardized system annuallyand compile reports concerning disparate treatment of children; Division ofChild and Family Services to publish reports annually.

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COLLECTION AND DISCLOSURE OF INFORMATION

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

1. The fingerprints of a child must be taken if thechild is in custody for an unlawful act that, if committed by an adult, wouldhave 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 orviolence against the victim; or

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

2. The fingerprints of a child who is in custody butwho is not subject to the provisions of subsection 1 may be taken if a lawenforcement officer finds latent fingerprints during the investigation of anoffense and the officer has reason to believe that the latent fingerprints arethose of the child. The officer shall use the fingerprints taken from the childto make an immediate comparison with the latent fingerprints. If the comparisonis:

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

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

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

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

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

(a) May be retained in a local file or a local systemfor the automatic retrieval of fingerprints if they are retained under specialsecurity measures that limit inspection of the fingerprints to law enforcementofficers who are conducting criminal investigations. If the child from whom thefingerprints are taken subsequently is not adjudicated delinquent, the parentor 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 fingerprintsfrom any local file or local system.

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

(1) Law enforcement officers who are conductingcriminal investigations; and

(2) Officers and employees of the CentralRepository who are assisting law enforcement officers with criminalinvestigations or who are conducting research or performing a statisticalanalysis.

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

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

5. Any person who willfully violates any provision ofthis 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;

(c) Battery with intent to commit sexual assaultpursuant to NRS 200.400;

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

(e) Incest pursuant to NRS 201.180;

(f) Solicitation of a minor to engage in actsconstituting the infamous crime against nature pursuant to NRS 201.195;

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

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

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

(j) Sexual penetration of a dead human body pursuant toNRS 201.450;

(k) Luring a child or mentally ill person pursuant to NRS 201.560, if punishable as a felony;

(l) An attempt to commit an offense listed inparagraphs (a) to (k), inclusive; or

(m) An offense that is determined to be sexuallymotivated pursuant to NRS 175.547.

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

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

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

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

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

2. An officer or employee of the juvenile court mayrelease to a news medium the name of a child and the nature of the chargesagainst the child, and any news medium may publish, broadcast or air suchinformation if:

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

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

(Added to NRS by 2003, 1090)

NRS 62H.030 Maintenanceand inspection of records.

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

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

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

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

(b) Records which have not been sealed and which arerequired by the Division of Parole and Probation for preparation of presentenceinvestigations and reports pursuant to NRS176.135 or general investigations and reports pursuant to NRS 176.151;

(c) Records which have not been sealed and which are tobe used, pursuant to chapter 179D of NRS,by:

(1) The Central Repository;

(2) The Division of Parole and Probation; or

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

(d) Information maintained in the standardized systemestablished pursuant to NRS 62H.200;and

(e) Information that must be collected by the Divisionof Child and Family Services pursuant to NRS62H.220.

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

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

NRS 62H.040 Releaseof childs name for use in civil action.

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

2. If the person who petitions the juvenile courtmakes a satisfactory showing that the person intends, in good faith, to use thechilds name in the civil action, the juvenile court shall order the release ofthe childs name and authorize its use in the civil action.

(Added to NRS by 2003, 1090)

SEALING AND UNSEALING OF RECORDS

NRS 62H.100 Recordsdefined.

1. As used in NRS62H.100 to 62H.170, inclusive,unless the context otherwise requires, records means any records relating toa child who is within the purview of this title and who:

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

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

2. The term includes records of arrest.

(Added to NRS by 2003, 1091)

NRS 62H.110 Applicabilityof provisions. The provisions of NRS 62H.100 to 62H.170, inclusive, do not apply to:

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

2. Information that must be collected by the Divisionof Child and Family Services pursuant to NRS62H.220;

3. Records that are subject to the provisions of NRS 62F.260; or

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

(Added to NRS by 2003, 1091)

NRS 62H.120 Explanationof certain information concerning sealing of records to be included in courtorder. Any decree or order entered concerninga child within the purview of this title must contain, for the benefit of thechild, an explanation of the contents of NRS62H.100 to 62H.170, inclusive,and, if applicable, NRS 62F.260.

(Added to NRS by 2003, 1091)

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

1. If a child is less than 21 years of age, the childor a probation officer on behalf of the child may petition the juvenile courtfor an order sealing all records relating to the child. The petition may befiled not earlier than 3 years after the child:

(a) Was last adjudicated in need of supervision oradjudicated delinquent; or

(b) Was last referred to the juvenile court,

whichever islater.

2. If a petition is filed pursuant to this section,the juvenile court shall notify the district attorney and, if a probationofficer is not the petitioner, the chief probation officer.

3. The district attorney and the chief probationofficer, or any of their deputies, or any other person who has evidence that isrelevant to consideration of the petition may testify at the hearing on thepetition.

4. After the hearing on the petition, the juvenilecourt shall enter an order sealing all records relating to the child if thejuvenile court finds that:

(a) During the applicable 3-year period, the child hasnot been convicted of a felony or of any misdemeanor involving moral turpitude;and

(b) The child has been rehabilitated to thesatisfaction of the juvenile court.

(Added to NRS by 2003, 1091)

NRS 62H.140 Automaticsealing of records when child reaches 21 years of age; exception. Except as otherwise provided in NRS 62H.150, when a child reaches 21years of age, all records relating to the child must be sealed automatically.

(Added to NRS by 2003, 1091)

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

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

2. After the child reaches 30 years of age, the childmay 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 probationofficer.

4. The district attorney and the chief probationofficer, or any of their deputies, or any other person who has evidence that isrelevant to consideration of the petition may testify at the hearing on thepetition.

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

6. The provisions of this section apply to any of thefollowing 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 assaultpursuant 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 ifcommitted by an adult and which involved the use or threatened use of force orviolence.

(Added to NRS by 2003, 1092)

NRS 62H.160 Procedurefor sealing records of child: Duties of juvenile court and other publicofficers and agencies.

1. If the juvenile court enters an order sealing therecords relating to a child or the records are sealed automatically, all recordsrelating 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 lawenforcement agency; or

(c) Any other public officer or agency.

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

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

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

(c) Seal the copy of the order received by the publicofficer or agency.

(Added to NRS by 2003, 1092)

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

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

(a) All proceedings recounted in the records are deemednever to have occurred; and

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

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

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

(b) An agency charged with the medical or psychiatriccare of the person who is the subject of the records petitions the juvenilecourt to permit the inspection of the records by the agency; or

(c) A district attorney or an attorney representing adefendant in a criminal action petitions the juvenile court to permit theinspection of the records to obtain information relating to the persons whowere involved in the acts detailed in the records.

3. Upon its own order, any court of this State mayinspect records that are sealed if the records relate to a person who is lessthan 21 years of age and who is to be sentenced by the court in a criminalproceeding.

(Added to NRS by 2003, 1092)

STANDARDIZED SYSTEM FOR REPORTING INFORMATION

NRS 62H.200 Divisionof Child and Family Services to establish standardized system for collectingand analyzing information concerning juvenile justice; regulations.

1. The Division of Child and Family Services shall:

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

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

(c) Adopt such regulations as are necessary to carryout the provisions of this section, including requirements for the transmittalof information to the standardized system from the juvenile courts, localjuvenile probation departments and the staff of the youth correctionalservices, as directed by the Department of Health and Human Services.

2. Each juvenile court and local juvenile probationdepartment and the staff of the youth correctional services, as directed by theDepartment of Health and Human Services, shall comply with the regulationsadopted pursuant to this section.

(Added to NRS by 2003, 1093)

NRS 62H.210 Informationto be collected by standardized system regarding children referred to system ofjuvenile justice; confidentiality.

1. Except as otherwise provided in subsection 3, thestandardized system established pursuant to NRS62H.200 must collect, categorize and maintain the following informationfrom the juvenile courts, local juvenile probation departments and the staff ofthe youth correctional services, as directed by the Department of Health andHuman Services, regarding each child referred to the system of juvenile justicein this State:

(a) A unique number assigned to the child foridentification;

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

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

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

(3) The economic background of the child;

(c) The charges for which the child is referred;

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

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

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

(g) The disposition of any petitions filed regardingthe child, including any applicable findings.

2. In addition to the information required pursuant tosubsection 1 and except as otherwise provided in subsection 3, the Departmentof Health and Human Services shall require the staff of the youth correctionalservices to collect and transmit the following information to the standardizedsystem regarding each child committed to or otherwise placed in the custody ofthe Division of Child and Family Services:

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

(b) The dates of each release of the child, includingany release of the child on parole;

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

(d) The nature of or reason for each discharge of thechild from the custody of the Division of Child and Family Services.

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

(Added to NRS by 2003, 1093)

NRS 62H.220 Divisionof Child and Family Services to collect certain information regarding childadjudicated delinquent for sexual offense; confidentiality.

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

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

(b) The name of the child; and

(c) All information concerning programs of treatment inwhich the child participated that:

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

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

2. The Division of Child and Family Services shallprovide the information collected pursuant to subsection 1 to the CentralRepository for use in the program established pursuant to NRS 179A.270, 179A.280 and 179A.290.

3. All information containing the name of the childand all information relating to programs of treatment in which the childparticipated is confidential and must not be used for a purpose other than thatprovided for in this section and NRS179A.290.

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;

(c) Battery with intent to commit sexual assaultpursuant to NRS 200.400;

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

(e) Incest pursuant to NRS 201.180;

(f) Solicitation of a minor to engage in actsconstituting the infamous crime against nature pursuant to NRS 201.195;

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

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

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

(j) Sexual penetration of a dead human body pursuant toNRS 201.450;

(k) Luring a child using a computer, system or networkpursuant to NRS 201.560, if punished asa felony;

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

(m) An attempt to commit an offense listed inparagraphs (a) to (l), inclusive;

(n) An offense that is determined to be sexuallymotivated pursuant to NRS 175.547; or

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

(Added to NRS by 2003, 1094)

NRS 62H.230 Probationdepartments to analyze information submitted to standardized system annuallyand compile reports concerning disparate treatment of children; Division ofChild and Family Services to publish reports annually.

1. On or before January 31 of each year, each localjuvenile probation department shall:

(a) Analyze the information it submitted to thestandardized system during the previous year pursuant to NRS 62H.210 to determine whether childrenof racial or ethnic minorities and children from economically disadvantagedhomes are receiving disparate treatment in the system of juvenile justice incomparison to the general population;

(b) As necessary, develop appropriate recommendationsto address any disparate treatment; and

(c) Prepare and submit to the Division of Child andFamily Services a report which includes:

(1) The results of the analysis it conductedpursuant to paragraph (a); and

(2) Any recommendations it developed pursuant toparagraph (b).

2. The Division of Child and Family Services shallannually:

(a) Compile the reports it receives pursuant tosubsection 1; and

(b) Publish a document which includes a compilation ofthe reports.

(Added to NRS by 2003, 1095)

 

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