2005 Nevada Revised Statutes - Chapter 129 — Minors Disabilities; Judicial Emancipation of Minors

CHAPTER 129 - MINORS DISABILITIES;JUDICIAL EMANCIPATION OF MINORS

MINORS DISABILITIES

NRS 129.010 Ageof majority.

NRS 129.020 Disabilityof minority removed in connection with any transaction entered into pursuant toServicemens Readjustment Act of 1944.

NRS 129.030 Consentfor examination and treatment.

NRS 129.040 Whenperson standing in loco parentis may give consent for minors emergencyhospitalization or medical attention.

NRS 129.050 Abuseof controlled substance: Treatment authorized without consent of parent orguardian under certain circumstances.

NRS 129.060 Sexuallytransmitted disease: Examination or treatment authorized without consent ofparent or guardian.

JUDICIAL EMANCIPATION OF MINORS

NRS 129.080 Minormay petition juvenile court for decree of emancipation; reference to master.

NRS 129.090 Petition:Contents; fees.

NRS 129.100 Noticeof filing of petition: Form.

NRS 129.110 Personsto be served with notice; manner of service; hearing on petition.

NRS 129.120 Hearing:Duties and powers of court; considerations in grant or denial of petition.

NRS 129.130 Decreeof emancipation: Effect; petition to void decree.

NRS 129.140 Methodnot exclusive.

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MINORS DISABILITIES

NRS 129.010 Ageof majority. All persons of the age of 18years who are under no legal disability, and all persons who have been declaredemancipated pursuant to NRS 129.080 to 129.140, inclusive, are capable of enteringinto any contract, and are, to all intents and purposes, held and considered tobe of lawful age.

[1:19:1861; B 323; BH 4943; C 5000; RL 431;NCL 300](NRS A 1971, 455; 1973, 1578; 1987, 1281)

NRS 129.020 Disabilityof minority removed in connection with any transaction entered into pursuant toServicemens Readjustment Act of 1944.

1. The disability of minority of any person otherwiseeligible for guaranty or insurance of a loan pursuant to the ServicemensReadjustment Act of 1944, as amended (38 U.S.C. 3701 et seq.), and of theminor spouse of any eligible veteran, irrespective of his or her age, inconnection with any transaction entered into pursuant to that Act, as amended,is hereby removed for all purposes in connection with such transactions,including, but not limited to, incurring of indebtedness or obligations,acquiring, encumbering, selling, releasing or conveying property or anyinterest therein, and litigating or settling controversies arising therefrom,if all or part of any obligations incident to such transaction are guaranteedor insured by the Secretary of Veterans Affairs pursuant to such Act.

2. This section must not be construed to impose anyother or greater rights or liabilities than would exist if such person and suchspouse were under no such disability.

[1:24:1947; 1943 NCL 6879.18](NRS A 1995, 1076)

NRS 129.030 Consentfor examination and treatment.

1. Except as otherwise provided in NRS 450B.525, a minor may give consentfor the services provided in subsection 2 for himself or for his child, if heis:

(a) Living apart from his parents or legal guardian,with or without the consent of the parent, parents or legal guardian, and hasso lived for a period of at least 4 months;

(b) Married or has been married;

(c) A mother, or has borne a child; or

(d) In a physicians judgment, in danger of suffering aserious health hazard if health care services are not provided.

2. Except as otherwise provided in subsection 4 and NRS 450B.525, the consent of the parentor parents or the legal guardian of a minor is not necessary for a local orstate health officer, board of health, licensed physician or public or privatehospital to examine or provide treatment for any minor, included within theprovisions of subsection 1, who understands the nature and purpose of theproposed examination or treatment and its probable outcome, and voluntarilyrequests it. The consent of the minor to examination or treatment pursuant tothis subsection is not subject to disaffirmance because of minority.

3. A person who treats a minor pursuant to subsection2 shall, before initiating treatment, make prudent and reasonable efforts toobtain his consent to communicate with his parent, parents or legal guardian,and shall make a note of such efforts in the record of his care. If the personbelieves that such efforts would jeopardize treatment necessary to the minorslife or necessary to avoid a serious and immediate threat to the minorshealth, the person may omit such efforts and note the reasons for the omissionin the record.

4. A minor may not consent to his sterilization.

5. In the absence of negligence, no person providingservices pursuant to subsection 2 is subject to civil or criminal liability forproviding those services.

6. The parent, parents or legal guardian of a minorwho receives services pursuant to subsection 2 are not liable for the paymentfor those services unless the parent, parents or legal guardian has consentedto such health care services. The provisions of this subsection do not relievea parent, parents or legal guardian from liability for payment for emergencyservices provided to a minor pursuant to NRS129.040.

(Added to NRS by 1965, 170; A 1971, 1334; 1973, 25,1521; 1975, 1475; 1977, 185; 1981, 1164; 2001, 820)

NRS 129.040 Whenperson standing in loco parentis may give consent for minors emergencyhospitalization or medical attention. Notwithstandingany other provision of law, in cases of emergency in which a minor is in needof immediate hospitalization, medical attention or surgery and, afterreasonable efforts made under the circumstances, the parents of such minorcannot be located for the purpose of consenting thereto, consent for suchemergency attention may be given by any person standing in loco parentis tosuch minor.

(Added to NRS by 1965, 170)

NRS 129.050 Abuseof controlled substance: Treatment authorized without consent of parent orguardian under certain circumstances.

1. Except as otherwise provided in NRS 450B.525, any minor who is under theinfluence of, or suspected of being under the influence of, a controlledsubstance:

(a) May give express consent; or

(b) If unable to give express consent, shall be deemedto consent,

to thefurnishing of hospital, medical, surgical or other care for the treatment ofabuse of drugs or related illnesses by any public or private hospital, medicalfacility, facility for the dependent, other than a halfway house for alcoholand drug abusers, or any licensed physician, and the consent of the minor isnot subject to disaffirmance because of minority.

2. Immunity from civil or criminal liability extendsto any physician or other person rendering care or treatment pursuant tosubsection 1, in the absence of negligent diagnosis, care or treatment.

3. The consent of the parent, parents or legalguardian of the minor is not necessary to authorize such care, but anyphysician who treats a minor pursuant to this section shall make everyreasonable effort to report the fact of treatment to the parent, parents orlegal guardian within a reasonable time after treatment.

(Added to NRS by 1971, 1333; A 1973, 26, 1521; 1975,1476; 1977, 956; 1985, 1755; 1987, 1547; 2001, 820, 2521; 2003, 179)

NRS 129.060 Sexuallytransmitted disease: Examination or treatment authorized without consent ofparent or guardian. Notwithstanding any otherprovision of law, the consent of the parent, parents or legal guardian of aminor is not necessary in order to authorize a local or state health officer,licensed physician or clinic to examine or treat, or both, any minor who issuspected of being infected or is found to be infected with any sexuallytransmitted disease.

(Added to NRS by 1971, 121; A 1989, 301)

JUDICIAL EMANCIPATION OF MINORS

NRS 129.080 Minormay petition juvenile court for decree of emancipation; reference to master. Any minor who is at least 16 years of age, who is marriedor living apart from his parents or legal guardian, and who is a resident ofthe county, may petition the juvenile court of that county for a decree ofemancipation. The district court may refer the petition to a master appointedpursuant to title 5 of NRS or chapter 432Bof NRS.

(Added to NRS by 1987, 1278; A 1991, 2180; 2003, 1117)

NRS 129.090 Petition:Contents; fees.

1. A petition filed pursuant to NRS 129.080 must be in writing, verified bythe petitioner and set forth:

(a) The name, age and address of the minor;

(b) The names and addresses of the parents of theminor;

(c) The name and address of any legal guardian of theminor;

(d) If no parent or guardian can be found, the name andaddress of the childs nearest known relative residing within this state;

(e) Facts relating to the minors education,employment, and length of residence apart from his parents or guardian;

(f) That the minor willingly lives apart from hisparents or legal guardian with the consent or acquiescence of his parents orlegal guardian;

(g) That the minor is managing his own financialaffairs;

(h) That the source of the minors income is notderived from any activity declared to be a crime by the laws of this state orthe United States; and

(i) That the minor is attending school or has beenexcused from attending school pursuant to NRS392.040 to 392.125, inclusive.

2. If any of the facts required by subsection 1 arenot known, the petition must so state.

3. For filing the petition, the clerk of the districtcourt shall charge the fees prescribed by law for the commencement of civilactions or proceedings generally.

(Added to NRS by 1987, 1278)

NRS 129.100 Noticeof filing of petition: Form.

1. After a petition has been filed, unless the personto be served voluntarily appears and consents to the hearing, the court shalldirect the clerk to issue a notice, reciting briefly the substance of thepetition, stating the time and date set for the hearing of the petition, andrequiring the person served with the notice to appear before the court at thehearing if he desires to oppose the petition.

2. The notice issued pursuant to subsection 1 must bein substantially the following form:

 

In the................................ Judicial District Court of the State ofNevada, in and for the County of ................................

 

In the matter of the emancipation

of ................................, a minor.

 

Notice

 

To ................................, the father or................................, the mother of the above-named minor; or, tothe father and mother of the above-named minor; or, to................................, the legal guardian of the above-named minor;or, to ................................, related to the above-named minor as...............................:

You are hereby notified that there has been filed inthe above-entitled court a petition praying for the emancipation of theabove-named minor person, and that the petition has been set for hearing beforethis court, at the courtroom thereof, at ................................, inthe County of ................................, on the .......... day of themonth of . of the year ....... at .......... oclock ...m., at which timeand place you are required to be present if you desire to oppose the petition.

 

Dated ............. (month) . (day) (year)

 

.......................................................................

Clerkof court

(SEAL)

By..................................................................

Deputy

 

(Added to NRS by 1987, 1278; A 2001, 35)

NRS 129.110 Personsto be served with notice; manner of service; hearing on petition.

1. A copy of the notice issued pursuant to NRS 129.100, together with a copy of thepetition, must be served upon:

(a) The parents or legal guardian of the minor or, ifthe parents or legal guardian cannot be found, the nearest known relative ofthe minor residing within this state, if any;

(b) The legal custodian of the minor, if any;

(c) The appropriate probation officer or parole officerfor his review and recommendation if the minor is subject to the jurisdictionof the court pursuant to title 5 of NRS; and

(d) The district attorney of the county in which thematter is to be heard.

2. Service of the notice and petition may be made inany manner permitted by N.R.C.P. 4.Return of service must be made as provided by that rule. Evidence must bepresented to the court if addresses of those required to be served are unknownor for any other reason notice cannot be given.

3. The court shall hold a hearing on all petitionsfiled pursuant to NRS 129.080 to 129.140, inclusive.

(Added to NRS by 1987, 1279; A 2003, 1117)

NRS 129.120 Hearing:Duties and powers of court; considerations in grant or denial of petition.

1. At the time stated in the notice, or at theearliest time thereafter to which the hearing may be postponed, the court shallproceed to hear the petition.

2. At the hearing of the petition, the court shalladdress the petitioner personally and advise him of the consequences ofemancipation, as described in NRS 129.130.

3. The court may request copies of records in thecustody of the school district, the probation office, the Division of Child andFamily Services of the Department of Health and Human Services or any otherpublic or private agency to assist in making its determination. The court mayfurther request a recommendation from the probation officer, the Division ofChild and Family Services or any other public or private agency that may havecommunicated with the minor regarding the petition.

4. The grant or denial of the petition is a matterwithin the discretion of the court. In making its determination, the courtshall consider:

(a) Whether the parents or guardian of the minor haveconsented to emancipation;

(b) Whether the minor is substantially able to supporthimself without financial assistance;

(c) Whether the minor is sufficiently mature andknowledgeable to manage his affairs without the guidance of his parents orguardian; and

(d) Whether emancipation is in the best interest of theminor.

(Added to NRS by 1987, 1279; A 1993, 2691)

NRS 129.130 Decreeof emancipation: Effect; petition to void decree.

1. If the court determines that the petition should begranted, it shall enter a decree of emancipation.

2. A decree so entered is conclusive and binding.

3. Such a decree emancipates the minor for allpurposes and removes the disability of minority of the minor insofar as thatdisability may affect:

(a) The incurring of indebtedness or contractualobligations of any kind;

(b) The litigation and settlement of controversies;

(c) The acquiring, encumbering and conveying ofproperty or any interest therein;

(d) The consenting to medical, dental or psychiatriccare without parental consent, knowledge or liability;

(e) The enrolling in any school or college; and

(f) The establishment of his own residence.

For thesepurposes, the minor shall be considered in law as an adult, and any obligationhe incurs is enforceable by and against him without regard to his minority.

4. Unless otherwise provided by the decree, theobligation of support otherwise owed a minor by his parent or guardian isterminated by the entry of the decree.

5. Except as otherwise provided in this section, adecree of emancipation does not affect the status of the minor for any purpose,including the applicability of any provision of law which:

(a) Prohibits the sale, purchase or consumption ofintoxicating liquor to or by a person under the age of 21 years;

(b) Prohibits gaming or employment in gaming by or of aperson under the age of 21 years;

(c) Restricts the ability to marry of a person underthe age of 18 years;

(d) Governs matters relating to referrals fordelinquent acts or violations of NRS 392.040to 392.125, inclusive, unless the minorhas been certified for trial as an adult pursuant to title 5 of NRS; or

(e) Imposes penalties or regulates conduct according tothe age of any person.

6. A petition may be filed by any person or by anypublic agency to void a decree of emancipation on the following grounds:

(a) The minor has become indigent and has insufficientmeans of support; or

(b) The decree of emancipation was obtained by fraud,misrepresentation or the withholding of material information.

7. The voiding of any decree of emancipation must notalter any contractual obligations or rights or any property rights or interestswhich arose during the period that the decree was in effect.

(Added to NRS by 1987, 1280; A 1991, 2180; 2003, 1117)

NRS 129.140 Methodnot exclusive. The method of emancipation of aminor provided for in NRS 129.080 to 129.130, inclusive, is in addition to andnot in substitution of, any other method of emancipation provided by statute orcommon law.

(Added to NRS by 1987, 1281)

 

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