Assembly Bill No. 443–Committee on Judiciary
(On Behalf of Clark County)
March 10, 1999
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Referred to Committee on Judiciary
SUMMARY—Authorizes juvenile court to require parent or guardian of child who is on probation or parole to pay costs associated with supervision of child. (BDR 5-574)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 62.211 is hereby amended to read as follows:1-2
62.211 1. Except as otherwise provided in NRS 62.212, 62.224 and1-3
62.2245, if the court finds that a child is within the purview of this chapter1-4
it shall so decree and may:1-5
(a) Place the child under supervision in his own home or in the custody1-6
of a suitable person elsewhere, upon such conditions as the court may1-7
determine. A program of supervision in the home may include electronic1-8
surveillance of the child. The legislature declares that a program of1-9
supervision that includes electronic surveillance is intended as an1-10
alternative to commitment and not as an alternative to probation, informal1-11
supervision or a supervision and consent decree.1-12
(b) Commit the child to the custody of a public or private institution or1-13
agency authorized to care for children, or place him in a home with a1-14
family. In committing a child to a private institution or agency the court1-15
shall select one that is required to be licensed by the department of human2-1
resources to care for such children, or, if the institution or agency is in2-2
another state, by the analogous department of that state. The court shall not2-3
commit a female child to a private institution without prior approval of the2-4
superintendent of the Caliente youth center, and shall not commit a male2-5
child to a private institution without prior approval of the superintendent of2-6
the Nevada youth training center.2-7
(c) Order such medical, psychiatric, psychological or other care and2-8
treatment as the court deems to be for the best interests of the child, except2-9
as otherwise provided in this section.2-10
(d) Order the parent, guardian, custodian or any other person to refrain2-11
from continuing the conduct which, in the opinion of the court, has caused2-12
or tended to cause the child to come within or remain under the provisions2-13
of this chapter.2-14
(e) If the child is less than 18 years of age, order:2-15
(1) The parent, guardian or custodian of the child; and2-16
(2) Any brother, sister or other person who is living in the same2-17
household as the child over whom the court has jurisdiction,2-18
to attend or participate in counseling, with or without the child, including,2-19
but not limited to, counseling regarding parenting skills, alcohol or2-20
substance abuse, or techniques of dispute resolution.2-21
(f) Order the parent or guardian of the child to participate in a program2-22
designed to provide restitution to the victim of an act committed by the2-23
child or to perform public service.2-24
(g) Order the parent or guardian of the child to pay all or part of the cost2-25
of the proceedings, including, but not limited to, reasonable attorney’s2-26
fees, any costs incurred by the court and any costs incurred in the2-27
investigation of an act committed by the child and the taking into custody2-28
of the child.2-29
(h) Order the suspension of the2-30
at least 90 days but not more than 2 years. If the child does not possess a2-31
driver’s license, the court may prohibit the child from receiving a driver’s2-32
license for at least 90 days but not more than 2 years:2-33
(1) Immediately following the date of the order, if the child is eligible2-34
to receive a driver’s license.2-35
(2) After the date he becomes eligible to apply for a driver’s license,2-36
if the child is not eligible to receive a license on the date of the order.2-37
If the court issues an order suspending the driver’s license of a child2-38
pursuant to this paragraph, the judge shall require the child to surrender to2-39
the court all driver’s licenses then held by the child. The court shall, within2-40
5 days after issuing the order, forward to the department of motor vehicles2-41
and public safety the licenses, together with a copy of the order. If,2-42
pursuant to this paragraph, the court issues an order delaying the ability of2-43
a child to receive a driver’s license, the court shall, within 5 days after3-1
issuing the order, forward to the department of motor vehicles and public3-2
safety a copy of the order. The department of motor vehicles and public3-3
safety shall report a suspension pursuant to this paragraph to an insurance3-4
company or its agent inquiring about the child’s driving record, but such a3-5
suspension must not be considered for the purpose of rating or3-6
underwriting. The department of motor vehicles and public safety shall not3-7
require the child to submit to the tests and other requirements which are3-8
adopted by regulation pursuant to subsection 1 of NRS 483.495 as a3-9
condition of reinstatement or reissuance after a suspension of his license3-10
pursuant to this paragraph, unless the suspension resulted from his poor3-11
performance as a driver.3-12
(i) Place the child, when he is not in school, under the supervision of:3-13
(1) A public organization to work on public projects;3-14
(2) A public agency to work on projects to eradicate graffiti; or3-15
(3) A private nonprofit organization to perform other public service.3-16
The person under whose supervision the child is placed shall keep the child3-17
busy and well supervised and shall make such reports to the court as it may3-18
require. As a condition of such a placement, the court may require the3-19
child or his parent or guardian to deposit with the court a reasonable sum3-20
of money to pay for the cost of policies of insurance against liability for3-21
personal injury and damage to property or for industrial insurance, or both,3-22
during those periods in which he performs the work, unless, in the case of3-23
industrial insurance, it is provided by the organization or agency for which3-24
he performs the work.3-25
(j) Permit the child to reside in a residence without the immediate3-26
supervision of an adult, or exempt the child from mandatory attendance at3-27
school so that the child may be employed full time, or both, if the child is3-28
at least 16 years of age, has demonstrated the capacity to benefit from this3-29
placement or exemption and is under the strict supervision of the juvenile3-30
division.3-31
(k) Require the child to provide restitution to the victim of the crime3-32
which the child has committed.3-33
(l) Impose a fine on the child. If a fine is imposed, the court shall3-34
impose an administrative assessment pursuant to NRS 62.223.3-35
(m) If the child has not previously been found to be within the purview3-36
of this chapter and if the act for which the child is found to be within the3-37
purview of this chapter did not involve the use or threatened use of force or3-38
violence, order the child to participate in a publicly or privately operated3-39
program of sports or physical fitness. If the court orders the child to3-40
participate in such a program, the court may order any or all of the3-41
following, in the following order of priority if practicable:3-42
(1) The parent or guardian of the child, to the extent of his financial3-43
ability, to pay the costs associated with the participation of the child in the4-1
program, including, but not limited to, a reasonable sum of money to pay4-2
for the cost of policies of insurance against liability for personal injury and4-3
damage to property during those periods in which the child participates in4-4
the program;4-5
(2) The child to work on projects or perform public service pursuant4-6
to paragraph (i) for a period that reflects the costs associated with the4-7
participation of the child in the program; or4-8
(3) The county in which the petition alleging the child to be4-9
delinquent or in need of supervision is filed to pay the costs associated4-10
with the participation of the child in the program.4-11
2. If the court finds that a child who is less than 17 years of age has4-12
committed a delinquent act, the court may order the parent or guardian of4-13
the child to pay any fines and penalties imposed for the delinquent act. If4-14
the parent or guardian is unable to pay the fines and penalties imposed4-15
because of financial hardship, the court may require the parent or guardian4-16
to perform community service.4-17
3. If the court orders that a child be placed under the supervision of4-18
a probation officer pursuant to this section, the court may order the4-19
parent or guardian of the child, to the extent of his financial ability, to4-20
pay the costs associated with the supervision of the child by the probation4-21
officer.4-22
4. At the time of disposition of a case concerning a child found to be4-23
within the purview of this chapter, the court may order the parent or4-24
guardian of the child, to the extent of his financial ability, to pay the4-25
costs associated with the supervision of the child by the chief of the youth4-26
parole bureau of the division of child and family services of the4-27
department of human resources, if such costs for supervision of the child4-28
are incurred at any time after disposition of the case.4-29
5. In determining the appropriate disposition of a case concerning a4-30
child found to be within the purview of this chapter, the court shall4-31
consider whether the act committed by the child involved the use of a4-32
firearm or the use or threatened use of force or violence against the victim4-33
of the act and whether the child is a serious or chronic offender. If the4-34
court finds that the act committed by the child involved the use of a4-35
firearm or the use or threatened use of force or violence against the victim4-36
or that the child is a serious or chronic offender, the court shall include the4-37
finding in its order and may, in addition to the options set forth in4-38
4-39
(a) Commit the child for confinement in a secure facility, including a4-40
facility which is secured by its staff.4-41
(b) Impose any other punitive measures the court determines to be in4-42
the best interests of the public or the child.5-1
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time, either on its own volition or for good cause shown, the court may5-3
terminate its jurisdiction concerning the child.5-4
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pursuant to this section or NRS 62.213, it shall transmit a summary of its5-6
information concerning the child and order the administrator of the school5-7
that the child last attended to transmit a copy of the child’s educational5-8
records to the institution or agency. The institution or agency shall give to5-9
the court any information concerning the child that the court may require.5-10
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in the custody of a person other than his parent, guardian or custodian,5-12
preference must be given to any person related within the third degree of5-13
consanguinity to the child whom the court finds suitable and able to5-14
provide proper care and guidance for the child.5-15
Sec. 2. The amendatory provisions of this act apply to children who5-16
are found to be within the purview of chapter 62 of NRS pursuant to NRS5-17
62.211 on or after July 1, 1999.5-18
Sec. 3. This act becomes effective on July 1, 1999.~