Assembly Bill No. 519–Assemblymen Humke, Buckley, Arberry, Berman, Perkins, Nolan, Beers, Parks, Goldwater, Segerblom, Giunchigliani, Carpenter, Thomas, Anderson, Bache, Freeman, Tiffany, Koivisto, McClain, Claborn, Mortenson, de Braga, Chowning, Gustavson and Angle

March 12, 1999

____________

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning division of child and family services of department of human resources. (BDR 18-908)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to children; providing in skeleton form for various changes concerning the division of child and family services of the department of human resources; making various changes concerning juvenile correctional institutions; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 232.350 is hereby amended to read as follows:

1-2 232.350 Unless federal law or regulation requires otherwise:

1-3 1. The chiefs of the divisions of the department, except as otherwise

1-4 provided in subsection 2, may each appoint a deputy and a chief assistant

1-5 in the unclassified service of the state.

1-6 2. The administrator of the division of child and family services of the

1-7 department [may appoint three] shall appoint four deputies in the

1-8 unclassified service of the state. One deputy is the deputy administrator

1-9 for youth corrections who is responsible only for correctional services for

1-10 youths for which the division is responsible, including, without

1-11 limitation, juvenile correctional institutions, parole of juveniles,

1-12 administration of juvenile justice and programs for juvenile justice.

2-1 Sec. 2. NRS 232.400 is hereby amended to read as follows:

2-2 232.400 1. The purposes of the division of child and family services

2-3 in the department are to:

2-4 (a) Provide a comprehensive state system for the coordination and

2-5 provision of services to children and families who need assistance relating

2-6 to juvenile justice and the care, welfare and mental health of children.

2-7 (b) Aid in the preservation, rehabilitation and reunification of families.

2-8 (c) Ensure that children are placed in the least restrictive environment

2-9 available which is appropriate to their needs.

2-10 (d) Provide services for youth who are in need of residential care or in

2-11 need of treatment or both.

2-12 2. In accomplishing its purposes, the division shall:

2-13 (a) Establish and operate a central, comprehensive state system for:

2-14 (1) The diagnosis and assessment of the needs of particular children

2-15 and families, including those in need of multiple services;

2-16 (2) The referral of children and families to appropriate services; and

2-17 (3) The management and monitoring of cases in which children and

2-18 families are referred to multiple services.

2-19 (b) Provide services for the support of families to:

2-20 (1) Maintain the integrity of families;

2-21 (2) Ensure that children are not unnecessarily removed from their

2-22 homes; and

2-23 (3) Ensure that families are reunited as soon as practicable after the

2-24 removal of children from their homes.

2-25 (c) Ensure that a sufficient range of services is available to provide care

2-26 and treatment to children and families in the least restrictive setting

2-27 appropriate to their needs.

2-28 (d) Work closely with other governmental agencies and with public and

2-29 private agencies providing the same or similar services.

2-30 3. The division shall develop standards for carrying out programs

2-31 aimed toward the prevention of delinquent acts of children and programs

2-32 for the treatment of those brought to its attention. It shall assist in the

2-33 development of programs for the predelinquent children whose behavior

2-34 tends to lead them into contact with law enforcement agencies.

2-35 4. The division shall develop and assist in carrying out programs for

2-36 the diversion of juveniles out of the judicial system and programs for the

2-37 aftercare of juveniles who have been released from state institutions, who

2-38 have been brought before the juvenile court or family court or have

2-39 otherwise come into contact with law enforcement agencies. The deputy

2-40 administrator for youth corrections of the division shall observe and

2-41 evaluate the success of those programs.

3-1 Sec. 3. NRS 232.420 is hereby amended to read as follows:

3-2 232.420 The division consists of an administrator and:

3-3 1. [The Nevada youth training center bureau;

3-4 2. The Caliente youth center bureau;

3-5 3. The northern Nevada children’s home bureau;

3-6 4. The southern Nevada children’s home bureau;

3-7 5. The bureau of services for child care;

3-8 6.] The youth parole bureau; and

3-9 [7.] 2. Within the limits of legislative appropriation, such additional

3-10 administrative sections as the administrator determines are necessary to

3-11 perform the functions of the division.

3-12 Sec. 4. NRS 232.440 is hereby amended to read as follows:

3-13 232.440 1. The administrator shall appoint, with the approval of the

3-14 director, a chief of [each of the bureaus in the division. The chiefs are

3-15 designated respectively as:

3-16 (a) The superintendent of the Nevada youth training center;

3-17 (b) The superintendent of the Caliente youth center;

3-18 (c) The superintendent of the northern Nevada children’s home;

3-19 (d) The superintendent of the southern Nevada children’s home;

3-20 (e) The chief of the bureau of services for child care; and

3-21 (f) The chief of] the youth parole bureau [.] who is in the classified

3-22 service of the state.

3-23 2. The administrator is responsible for the administration, through the

3-24 division, of the provisions of chapters 210, 214, 423 and 424 of NRS, NRS

3-25 127.220 to 127.310, inclusive, 232.400 to 232.465, inclusive, 432.010 to

3-26 432.085, inclusive, and 433B.010 to 433B.350, inclusive, and all other

3-27 provisions of law relating to the functions of the division, but is not

3-28 responsible for the professional activities of the components of the division

3-29 except as specifically provided by law.

3-30 Sec. 5. NRS 232.460 is hereby amended to read as follows:

3-31 232.460 1. The chief of [each] the youth parole bureau of the

3-32 division shall:

3-33 [1.] (a) Administer the provisions of law relating to [his] the youth

3-34 parole bureau, subject to the administrative supervision of the

3-35 administrator [.

3-36 2.] ; and

3-37 (b) Except as otherwise provided in NRS 284.143, devote his entire

3-38 time and attention to the business of his office and shall not pursue any

3-39 other business or occupation or hold any other office of profit.

3-40 2. Each deputy administrator of the division shall:

3-41 (a) Administer the provisions of law relating to his duties as

3-42 prescribed by the administrator, subject to the administrative supervision

3-43 of the administrator; and

4-1 (b) Except as otherwise provided in NRS 284.143, devote his entire

4-2 time and attention to the business of his office and shall not pursue any

4-3 other business or occupation or hold any other office of profit.

4-4 Sec. 6. NRS 232.464 is hereby amended to read as follows:

4-5 232.464 1. Except as otherwise provided in subsections 2 and 3 and

4-6 by specific statute:

4-7 (a) The division shall:

4-8 (1) Establish and impose a schedule of fees for services rendered

4-9 through each of its programs. The highest fee established for a service

4-10 must approximate the cost of providing the service.

4-11 (2) Establish a scale proportionate to income so that families whose

4-12 income is low can afford services preventive of greater expense to the

4-13 family or the public afterward.

4-14 (3) Submit the schedule to the director for approval before

4-15 enforcement.

4-16 (b) The fees collected pursuant to the schedule must be deposited in the

4-17 state treasury to the credit of the state general fund.

4-18 (c) The administrator may waive any fee established pursuant to the

4-19 schedule if he determines that the person required to pay that fee is

4-20 financially unable to do so.

4-21 2. A schedule of fees established pursuant to this section does not

4-22 apply to any services for which the division receives payment pursuant to

4-23 NRS 423.160 or 423.210.

4-24 3. Fees collected pursuant to this section for services provided to

4-25 juveniles committed to the custody of:

4-26 (a) The division pursuant to NRS 62.213; or

4-27 (b) The Nevada youth training center or the Caliente youth center

4-28 pursuant to NRS 210.180 , [; or

4-29 (c) The Caliente youth center pursuant to NRS 210.580,]

4-30 must be deposited with the state treasurer for credit to a separate account in

4-31 the state general fund for expenditure by the administrator to carry out the

4-32 powers and duties of the administrator and the division.

4-33 Sec. 7. NRS 62.213 is hereby amended to read as follows:

4-34 62.213 1. If the court finds that a child who is 8 years of age or older

4-35 is:

4-36 (a) Delinquent;

4-37 (b) In need of placement in a correctional or institutional facility; and

4-38 (c) In need of residential psychiatric services or other residential

4-39 services for his mental health, if the child is 12 years of age or older,

4-40 the court may, in addition to the options set forth in subsection 1 of NRS

4-41 62.211, commit the child to the custody of the division of child and family

4-42 services of the department of human resources for suitable placement by

4-43 the division pursuant to NRS 62.215.

5-1 2. The court may order, when committing a child to the custody of the

5-2 division of child and family services pursuant to this section, that the

5-3 expense of his support and maintenance be paid in whole or in part by his

5-4 parents, guardian or other person liable for his support and maintenance.

5-5 Those payments must be paid to the administrator of the division of child

5-6 and family services, who shall immediately deposit the money with the

5-7 state treasurer for credit to a separate account in the state general fund for

5-8 expenditure by the administrator to carry out the powers and duties of the

5-9 administrator and the division of child and family services.

5-10 3. The court shall order, before committing a child to the custody of

5-11 the division of child and family services pursuant to this section, that the

5-12 child be given a physical examination, which includes a blood test, test for

5-13 tuberculosis, urinalysis and examination for venereal disease, by a

5-14 physician. The physician shall, within 5 days after the examination, make a

5-15 written report of the results thereof to the clerk of the court. Upon receipt

5-16 of the written report, the county auditor shall allow a claim for payment to

5-17 the physician for the examination. The clerk of the court shall immediately

5-18 forward a copy of the written report to [the administrator of] the division

5-19 of child and family services.

5-20 Sec. 8. NRS 62.820 is hereby amended to read as follows:

5-21 62.820 1. Whenever a child is committed by the court to custody

5-22 other than that of its parents, and no provision is otherwise made by law

5-23 for the support of the child, compensation for the care of the child while in

5-24 such custody, when approved by order of the court, is a charge upon the

5-25 county where the child has a legal residence. If a female child is committed

5-26 to a private institution within the state, any compensation for the care of

5-27 the child which is not paid by a parent must be paid by the state from

5-28 money budgeted for [by] and appropriated to [the Caliente youth center

5-29 bureau of] the division of child and family services of the department of

5-30 human resources. A commitment must not be made to such a private

5-31 institution until the court has ascertained from the superintendent of the

5-32 institution that sufficient money is available for such compensation. This

5-33 subsection does not prohibit the payment of compensation by the [Caliente

5-34 youth center bureau] division of child and family services of the

5-35 department of human resources from money appropriated for that purpose

5-36 to schools outside the state to which female children are [committed

5-37 pursuant to NRS 210.580 or] placed pursuant to NRS 62.215.

5-38 2. Notwithstanding any provision made by the law of this state for the

5-39 support of such children, after the parent has been given a reasonable

5-40 opportunity to be heard, the court may order and decree that the parent

5-41 pay, in such a manner as the court may direct and within the parent’s

5-42 ability to pay, a sum of money to cover in whole or in part the support of

6-1 the child. If the parent willfully fails or refuses to pay the sum, the court

6-2 may proceed against him for contempt of court.

6-3 3. Whenever the court orders the parent or parents of a child to pay for

6-4 the support of a child, as provided in this section, the money must be paid

6-5 to the superintendent or fiscal officer of the institution to which the child is

6-6 committed, or the chief administrative officer of the agency to whom the

6-7 child is committed.

6-8 Sec. 9. Chapter 210 of NRS is hereby amended by adding thereto the

6-9 provisions set forth as sections 10 and 11 of this act.

6-10 Sec. 10. The deputy administrator shall:

6-11 1. Develop standards for carrying out programs intended to prevent

6-12 delinquent acts of children and programs for the treatment of children

6-13 brought to his attention;

6-14 2. Assist in the development of programs for predelinquent children

6-15 whose behavior leads them into contact with law enforcement agencies;

6-16 3. Develop and assist in carrying out programs to divert juveniles out

6-17 of the justice system and programs for the aftercare of juveniles who

6-18 have been released from state institutions, have been brought before the

6-19 juvenile court or family court or have otherwise come into contact with

6-20 law enforcement agencies;

6-21 4. Observe and evaluate the programs carried out pursuant to

6-22 subsection 3; and

6-23 5. Work closely with other governmental agencies and with public

6-24 and private agencies providing the same or similar services.

6-25 Sec. 11. The director shall administer a program designed to

6-26 educate the residents of each center in the problems caused by the abuse

6-27 of alcohol and other drugs.

6-28 Sec. 12. NRS 210.010 is hereby amended to read as follows:

6-29 210.010 As used in [NRS 210.010 to 210.290, inclusive:] this

6-30 chapter:

6-31 1. "Administrator" means the administrator of the division of child and

6-32 family services in the department of human resources.

6-33 2. "Center" means a youth training center or a correctional facility

6-34 authorized to care for children, including, without limitation, the Nevada

6-35 youth training center and the Caliente youth center.

6-36 3. "Deputy administrator" means the deputy administrator for youth

6-37 corrections appointed pursuant to NRS 232.350.

6-38 4. "Director" means the director of the department of human

6-39 resources.

6-40 [3.] 5. "Escape" means the unauthorized absence, failure to return

6-41 or unauthorized leaving of a resident from the center to which he was

6-42 assigned.

6-43 6. "Juvenile court" means:

7-1 (a) In any judicial district that includes a county whose population is

7-2 100,000 or more, the family division of the district court; or

7-3 (b) In any other judicial district, the juvenile division of the district

7-4 court.

7-5 [4. "School" means the Nevada youth training center.

7-6 5.] 7. "Resident" means a juvenile who is placed and accepted at a

7-7 center.

7-8 8. "Superintendent" means the superintendent of [the school.

7-9 6.] a center.

7-10 9. "Youth parole bureau" means the youth parole bureau of the

7-11 division of child and family services [in] of the department of human

7-12 resources.

7-13 Sec. 13. NRS 210.015 is hereby amended to read as follows:

7-14 210.015 The provisions of NRS 210.010 to 210.290, inclusive, [shall]

7-15 and sections 10 and 11 of this act must be administered by the

7-16 [superintendent,] superintendents, subject to administrative supervision by

7-17 the deputy administrator and the administrator.

7-18 Sec. 14. NRS 210.060 is hereby amended to read as follows:

7-19 210.060 [The] Each superintendent shall reside at the residence

7-20 provided for in NRS 210.063.

7-21 Sec. 15. NRS 210.063 is hereby amended to read as follows:

7-22 210.063 1. In addition to his salary, [the] a superintendent shall be

7-23 entitled to:

7-24 (a) The use of a residence on the grounds of or near [the school,] his

7-25 center, which shall be maintained by the state.

7-26 (b) Heat, electricity and water for the residence.

7-27 (c) The use of an electric or gas cooking stove, a refrigerator and an

7-28 automatic washing machine.

7-29 (d) Meals at [the school] his center without charge when supervising

7-30 personnel or [inmates.

7-31 2. Any furnishings or appliances in use in the residence of the

7-32 superintendent on July 1, 1960, may be continued in use in the discretion

7-33 of the superintendent, but no replacements of such appliances or

7-34 furnishings, except the appliances referred to in subsection 1, may be made

7-35 at state expense.

7-36 3. The] residents.

7-37 2. A superintendent shall receive no perquisites except those provided

7-38 for in this section.

7-39 Sec. 16. NRS 210.065 is hereby amended to read as follows:

7-40 210.065 1. [The] A superintendent must have wide and successful

7-41 administrative experience in youth correctional programs embodying

7-42 rehabilitative or delinquency prevention concepts. He must have at least 2

7-43 years of administrative experience in an institution dealing primarily with

8-1 youth on a 24-hour basis, and must have graduated from an accredited

8-2 4-year college or university, or have an equivalent combination of

8-3 experience and training, substituting 2 years of experience for 1 year of

8-4 training.

8-5 2. The deputy administrator shall [request the] appoint a

8-6 superintendent of each center, subject to the approval of the

8-7 administrator. The department of personnel [to] shall use extensive

8-8 recruitment and merit selection techniques and procedures to provide a list

8-9 of persons qualified for appointment as superintendent. Each

8-10 superintendent is in the unclassified service of the state unless federal

8-11 law or regulation requires otherwise.

8-12 Sec. 17. NRS 210.070 is hereby amended to read as follows:

8-13 210.070 1. Except as otherwise provided in NRS 284.143, [the] a

8-14 superintendent shall devote his entire time to the duties of his position, and

8-15 shall follow no other gainful employment or occupation.

8-16 2. He shall be the executive and administrative head of [the school,]

8-17 his center, subject to administrative supervision by the deputy

8-18 administrator, and as such shall have the following powers and duties:

8-19 (a) To exercise general supervision of and make and revise rules and

8-20 regulations for the government of the [school.] center, subject to

8-21 supervision by and the approval of the deputy administrator.

8-22 (b) To make and revise rules and regulations for the preservation of

8-23 order and the enforcement of discipline [.] , subject to the approval of the

8-24 deputy administrator.

8-25 (c) To be responsible for and to supervise the fiscal affairs and

8-26 responsibilities of the [school,] center, and to purchase such supplies and

8-27 equipment as may be necessary from time to time.

8-28 (d) To make quarterly reports to the administrator, and to supply the

8-29 deputy administrator with material on which to base proposed legislation.

8-30 (e) To keep a complete and accurate record of all proceedings, record

8-31 and file all bonds and contracts, and assume responsibility for the custody

8-32 and preservation of all papers and documents pertaining to his office.

8-33 (f) To invoke any legal, equitable or special procedures for the

8-34 enforcement of his orders or the enforcement of the provisions of NRS

8-35 210.010 to 210.290, inclusive.

8-36 (g) To submit a biennial report before September 1 of each even-

8-37 numbered year covering the biennium ending June 30 of such year to the

8-38 deputy administrator of the condition, operation and functioning of the

8-39 [school,] center, and anticipated needs of the [school.] center.

8-40 (h) To keep the public informed in regard to the activities and operation

8-41 of the [school,] center, and to disseminate other information which will

8-42 acquaint the public with juvenile correctional problems.

9-1 (i) To designate a person or persons to classify and assign juveniles to

9-2 programs in the [school.] center. The program assignment [shall] must be

9-3 made on the following basis:

9-4 (1) As soon as practicable after an individual is received, and in any

9-5 case no later than the expiration of the first 30 days, his file [shall] must be

9-6 studied and he [shall] must be interviewed and a determination made as to

9-7 the program of education, employment, training, treatment, care and

9-8 custody appropriate for him. A record of such program assignment [shall]

9-9 must be made and [shall] must be a part of his written record file. A staff

9-10 member [shall] must be designated for each individual as his staff

9-11 counselor.

9-12 (2) The program assignment [shall] must be reviewed at least once

9-13 every 3 months and the individual [shall] must be interviewed if it is

9-14 deemed desirable or if he so requests. After review, such changes in his

9-15 program of education, employment, training, treatment, care and custody

9-16 may be made as are considered necessary or desirable and a record thereof

9-17 made a part of the file. If the individual requests a change in his program

9-18 and such request is denied, the basis for denial [shall] must be given to him

9-19 and a written statement thereof [shall] must be made a part of his file.

9-20 (3) The basic objective of the program assignment is to change the

9-21 behavior, attitude and thinking of the individual so that he can once again

9-22 function freely in his normal environment.

9-23 Sec. 18. NRS 210.075 is hereby amended to read as follows:

9-24 210.075 The [superintendent] deputy administrator may, with the

9-25 approval of the administrator, enter into contracts with colleges,

9-26 universities and other organizations for the purposes of research in the field

9-27 of delinquency and crime prevention, for training special workers,

9-28 including teachers, probation and parole officers, social workers and

9-29 others, whether volunteers or not, or whether they are on a part-time or

9-30 full-time basis, engaged in the fields of education, recreation, mental

9-31 hygiene and the treatment and prevention of delinquency.

9-32 Sec. 19. NRS 210.080 is hereby amended to read as follows:

9-33 210.080 1. [The] A superintendent shall appoint such teaching,

9-34 technical, clerical and operational staff as the execution of his duties, the

9-35 care of the [inmates,] residents, and the maintenance and operation of the

9-36 [school] center may require.

9-37 2. [The] A superintendent may enter into contracts with qualified

9-38 employees for their services as athletic coaches in addition to their regular

9-39 duties and responsibilities.

9-40 Sec. 20. NRS 210.085 is hereby amended to read as follows:

9-41 210.085 1. If [the] a superintendent finds that it is necessary or

9-42 desirable that any employee reside at [the school,] his center, perquisites

10-1 granted to such person or charges for services rendered to such person

10-2 [shall] must be at the discretion of the administrator.

10-3 2. The administrator shall submit to the director, for transmission to

10-4 each regular session of the legislature, a report of the existing charges and

10-5 perquisites.

10-6 Sec. 21. NRS 210.090 is hereby amended to read as follows:

10-7 210.090 1. [The] A superintendent shall cause a department of

10-8 instruction to be organized for the [inmates of the school,] residents of his

10-9 center, with programs of study corresponding so far as practicable with

10-10 programs of study given in the elementary and high schools of the state.

10-11 2. [The] A superintendent may arrange for industrial training and the

10-12 teaching of various trades, and he may purchase the supplies and

10-13 equipment necessary for the teaching of such programs of study.

10-14 3. If deemed practicable, and with the concurrence of the board of

10-15 trustees of the [Elko County school district, inmates of the school,] county

10-16 school district of the county in which the center is located, residents of a

10-17 center may be enrolled for instruction in the county school district system,

10-18 and the superintendent of the [Nevada youth training] center or the county

10-19 school district shall provide transportation for the [inmates] residents to the

10-20 public schools.

10-21 4. [The] A superintendent may also arrange for the employment of

10-22 [inmates] residents upon ranches, farms and in other private occupations

10-23 during the summer vacation months and for other periods which he deems

10-24 proper for the full utilization of the [inmates’] time and productive

10-25 capacities [;] of the residents, but the [inmates] residents may not be

10-26 compelled to accept private employment against their desires. For the

10-27 purposes of this section, the amounts paid to the [inmates] residents and

10-28 the working conditions under which they are employed must be

10-29 determined by the superintendent and the employer, and any amounts paid

10-30 must, at the discretion of the superintendent, be paid in whole or in part to

10-31 the [inmate] resident or to the superintendent for safekeeping as provided

10-32 for in NRS 210.160.

10-33 5. The ultimate purpose of all such instruction, training, employment

10-34 and industries is to qualify [inmates] residents for profitable and honorable

10-35 employment, and to enable them to lead useful lives after their release

10-36 from the institution.

10-37 6. The superintendent may apply for and receive money from the

10-38 Federal Government to treat and train [inmates.] residents.

10-39 Sec. 22. NRS 210.100 is hereby amended to read as follows:

10-40 210.100 [The] A superintendent shall make due arrangements for

10-41 carrying out the provisions of Title 34 of NRS as regards [the school.] his

10-42 center.

10-43 Sec. 23. NRS 210.130 is hereby amended to read as follows:

11-1 210.130 1. Funds to carry out the provisions of NRS 210.010 to

11-2 210.290, inclusive, [shall] must be provided by legislative appropriation

11-3 from the general fund, and [shall] must be paid out on claims as other

11-4 claims against the state are paid.

11-5 2. All claims [shall] must be approved by [the] a superintendent before

11-6 they are paid.

11-7 Sec. 24. NRS 210.140 is hereby amended to read as follows:

11-8 210.140 Gifts of money [which the school] that a center is authorized

11-9 to accept must be deposited in the state treasury for credit to the [youth

11-10 training center’s] gift account for the center in the department of human

11-11 resources’ gift fund. The money in the account must be used for [school]

11-12 center purposes only and expended in accordance with the terms of the

11-13 gift. All claims must be approved by the superintendent of the center

11-14 before they are paid.

11-15 Sec. 25. NRS 210.150 is hereby amended to read as follows:

11-16 210.150 [The] A superintendent is authorized to buy and sell hay,

11-17 grain, produce, livestock, and such other farm supplies and equipment as

11-18 may be necessary from time to time. Money obtained from the sale of

11-19 those items must be deposited in the state treasury for credit to the account

11-20 for the farm of the [youth training center] centers within the general fund.

11-21 The account is a continuing account without reversion, and must be

11-22 expended for supplies and equipment needed by the [school] centers in

11-23 accordance with the provisions of the State Budget Act. The money in the

11-24 account must be paid out on claims as other claims against the state are

11-25 paid. All claims must be approved by [the] a superintendent before they

11-26 are paid. [The] A superintendent shall keep a record of all his transactions

11-27 pertaining to the account.

11-28 Sec. 26. NRS 210.160 is hereby amended to read as follows:

11-29 210.160 1. [The] A superintendent may accept money and other

11-30 valuables of [inmates] residents for safekeeping pending their discharges,

11-31 and shall deposit any such money in a trust fund which he shall establish in

11-32 a bank or savings and loan association qualified to receive deposits of

11-33 public money. He shall keep a full account of any such money and

11-34 valuables, and shall submit reports to the administrator relative to them as

11-35 may be required from time to time.

11-36 2. [The] A superintendent may transfer the amount of any uncashed

11-37 check issued by [the school to an inmate] his center to a resident to the

11-38 [youth training center’s] gift account of the center after 1 year from the

11-39 date the check was issued. Each check so issued must be stamped "void

11-40 after 1 year from date of issue."

11-41 Sec. 27. NRS 210.170 is hereby amended to read as follows:

11-42 210.170 1. [The] A superintendent, subject to the approval of the

11-43 deputy administrator, may establish [an inmates’] a residents’ commissary

12-1 or store for the benefit and use of the [inmates.] residents. So far as

12-2 practicable, sales of supplies and materials to the [inmates] residents must

12-3 be at cost. The superintendent shall keep, or cause to be kept, a record of

12-4 all transactions of the commissary.

12-5 2. [The youth training] A center commissary fund is hereby created [,]

12-6 for each center, and must be used to purchase supplies and materials for

12-7 resale to the [inmates,] residents, to provide money for needy [inmates,]

12-8 residents, and for other incidentals as may be deemed necessary by the

12-9 superintendent [.] of the center. All money drawn from the fund must be

12-10 repaid wherever possible.

12-11 3. [The] A superintendent shall deposit any money received for the

12-12 fund in insured banks or in insured savings and loan associations and

12-13 maintain a small sum as petty cash at the commissary.

12-14 Sec. 28. NRS 210.180 is hereby amended to read as follows:

12-15 210.180 1. A court may commit to [the school,] a center, and the

12-16 administrator may place in the [school,] center, any person between the

12-17 ages of 12 and 18 years who is found to be delinquent. Before any person

12-18 is conveyed to [the school,] a center, the superintendent of the center shall

12-19 determine whether adequate facilities are available to provide the

12-20 necessary care to the person. The superintendent shall fix the time at which

12-21 the person must be delivered to the [school.] center. The superintendent

12-22 shall accept the person unless:

12-23 (a) There are not adequate facilities available to provide the necessary

12-24 care;

12-25 (b) There is not adequate money available for the support of the

12-26 [school;] center; or

12-27 (c) In the opinion of the superintendent, the person is not suitable for

12-28 admission to the [school.] center.

12-29 2. The court may order, when committing a person to the care, custody

12-30 and control of [the school,] a center, that the expense of his support and

12-31 maintenance be paid in whole or in part by his parents, guardian or other

12-32 person liable for his support and maintenance. Such payments must be paid

12-33 to the administrator, who shall immediately deposit the money with the

12-34 state treasurer for credit to a separate account in the state general fund for

12-35 expenditure by the administrator to carry out the powers and duties of the

12-36 administrator and the division of child and family services of the

12-37 department of human resources.

12-38 3. The court shall order, before commitment, that the person be given

12-39 a physical examination, which includes a blood test, test for tuberculosis,

12-40 urinalysis and an examination for venereal disease, by a physician. The

12-41 physician shall, within 5 days after the examination, make a written report

12-42 of the results thereof to the clerk of the juvenile court, if there is one, and

12-43 otherwise to the county clerk of the county wherein the commitment was

13-1 ordered. Upon receipt of the written report, the county auditor shall allow a

13-2 claim for payment to the physician for the examination. The clerk of the

13-3 juvenile court or the county clerk, as the case may be, shall immediately

13-4 forward a copy of the written report to the superintendent [.] of the center

13-5 in which the person is being committed or placed.

13-6 Sec. 29. NRS 210.185 is hereby amended to read as follows:

13-7 210.185 The committing court shall send to the superintendent of the

13-8 center in which the person is being committed a summary of all the facts

13-9 in the possession of the court concerning the history of the person

13-10 committed.

13-11 Sec. 30. NRS 210.187 is hereby amended to read as follows:

13-12 210.187 If any person committed to or otherwise placed in [the

13-13 school] a center appears, either at the time of his commitment or other

13-14 placement or after becoming [an inmate,] a resident, to be an improper

13-15 person to be retained in the [school,] center, or to be so incorrigible or so

13-16 incapable of reformation under the discipline of the [school] center as to

13-17 render his detention detrimental to the interests of the [school,] center, the

13-18 superintendent may report that fact to the administrator, who shall

13-19 recommend a suitable alternative to the committing court.

13-20 Sec. 31. NRS 210.189 is hereby amended to read as follows:

13-21 210.189 1. The committing court may change, modify or set aside

13-22 the order of commitment. Ten days’ written notice of the hearing of the

13-23 application therefor [shall] must be served upon the superintendent [,] of

13-24 the center in which the person was committed, by registered mail, postage

13-25 prepaid.

13-26 2. In changing, modifying or setting aside such order, the court shall

13-27 give due consideration to the effect thereof upon the discipline and

13-28 program of the [school.] center.

13-29 Sec. 32. NRS 210.190 is hereby amended to read as follows:

13-30 210.190 No person or persons employed, elected or appointed to any

13-31 position of honor or profit at [the school] a center shall be nominated or

13-32 appointed as guardian of the person or estate of a person who is or ever has

13-33 been [an inmate] a resident of the [school;] center, but, if such a person

13-34 [be] is related by blood to such an employee or appointee, this disability

13-35 [shall] does not apply.

13-36 Sec. 33. NRS 210.210 is hereby amended to read as follows:

13-37 210.210 [The] A superintendent may, upon the recommendation of a

13-38 physician attending [an inmate,] a resident, authorize the performance of

13-39 any necessary medical, surgical or dental service.

13-40 Sec. 34. NRS 210.220 is hereby amended to read as follows:

13-41 210.220 1. [The school] A center may establish forestry camps for

13-42 the purposes of securing a satisfactory classification and segregation of

13-43 [inmates] residents according to their capacities, interest and

14-1 responsiveness to control and responsibility, for reducing the necessity of

14-2 extending existing grounds and housing facilities, and to provide adequate

14-3 opportunity for reform and encouragement of self-discipline.

14-4 2. [Inmates] Residents committed to such camps may be required to

14-5 labor on the buildings and grounds thereof, to perform fire prevention

14-6 work, including the building of firebreaks and fire trails, fire suppression

14-7 and the making of forest roads for fire prevention or fire fighting, and the

14-8 forestation and reforestation of public lands, and other projects prescribed

14-9 by the superintendent [.] of the center.

14-10 Sec. 35. NRS 210.230 is hereby amended to read as follows:

14-11 210.230 The [superintendent,] deputy administrator, with the approval

14-12 of the administrator, may enter into contracts with the Federal

14-13 Government, state officials and various state agencies and departments, for

14-14 the purposes of carrying out the provisions of NRS 210.220.

14-15 Sec. 36. NRS 210.240 is hereby amended to read as follows:

14-16 210.240 1. When [an inmate] a resident is eligible for parole

14-17 according to regulations established for that purpose and parole will be to

14-18 his advantage, the superintendent of the center at which he is a resident

14-19 may grant parole after consultation with the chief of the youth parole

14-20 bureau.

14-21 2. The date of [an inmate’s] the release of a resident on parole must be

14-22 set by agreement of the superintendent and the chief , but must not be later

14-23 than 30 days after the superintendent has given the chief a notice of intent

14-24 to parole. Upon a parole, the person paroled is under the supervision of the

14-25 chief.

14-26 3. Whenever [the] a superintendent determines, after consultation with

14-27 the chief, that it is in the best interest of [an inmate] a resident to be

14-28 permitted a furlough from the [school] center to participate in a program or

14-29 treatment, the superintendent may grant the furlough for a period of not

14-30 more than 90 days. While [an inmate] a resident is temporarily released on

14-31 such a furlough, he is under the supervision of the chief.

14-32 Sec. 37. NRS 210.250 is hereby amended to read as follows:

14-33 210.250 1. The chief of the youth parole bureau may petition the

14-34 committing court requesting that the parole of a person paroled from [the

14-35 school] a center be suspended, modified or revoked.

14-36 2. Pending a hearing, the committing court may order:

14-37 (a) The return of the parolee to the [school;] center; or

14-38 (b) If approved by the local juvenile facility, that the parolee be held in

14-39 the local juvenile facility.

14-40 3. The youth parole bureau shall pay all actual and reasonably

14-41 necessary costs for the confinement of a parolee in the local juvenile

14-42 facility.

15-1 4. If requested, the committing court shall allow the parolee and the

15-2 division of child and family services of the department of human

15-3 resources reasonable time to prepare for the hearing.

15-4 5. The required hearing may be conducted by a judge or master of the

15-5 committing court, who shall render a decision within 10 days after the

15-6 conclusion of the hearing.

15-7 Sec. 38. NRS 210.260 is hereby amended to read as follows:

15-8 210.260 1. The written order of [the] a superintendent is a sufficient

15-9 arrest warrant for any peace officer to return any person who has escaped

15-10 from the [school.] center.

15-11 2. All peace officers shall execute such orders in the same manner as

15-12 provided for the execution of criminal process.

15-13 Sec. 39. NRS 210.280 is hereby amended to read as follows:

15-14 210.280 A person who knowingly permits or aids [an inmate] a

15-15 resident to escape from [the school,] a center, or who conceals any

15-16 [inmate] resident or escapee with the intent or purpose of enabling him to

15-17 elude pursuit, shall be punished:

15-18 1. Where a dangerous weapon is used by the person to facilitate the

15-19 escape or attempted escape, for a category B felony by imprisonment in

15-20 the state prison for a minimum term of not less than 1 year and a maximum

15-21 term of not more than 6 years, and may be further punished by a fine of not

15-22 more than $5,000.

15-23 2. Where no dangerous weapon is used, for a gross misdemeanor.

15-24 Sec. 40. NRS 210.285 is hereby amended to read as follows:

15-25 210.285 Upon the escape of [an inmate from the school,] a resident

15-26 from a center, the superintendent of the center shall notify the appropriate

15-27 law enforcement agency of the escape and immediately thereafter notify

15-28 the public. The notice to the public must include a description of the

15-29 [inmate.] resident. The superintendent shall immediately notify the public

15-30 upon the apprehension of the [inmate.] resident.

15-31 Sec. 41. NRS 210.290 is hereby amended to read as follows:

15-32 210.290 [Inmates] Residents may be discharged from [the school] a

15-33 center upon reaching the age of 18 years and [shall] must be discharged

15-34 upon reaching the age of 20 years.

15-35 Sec. 42. NRS 210.735 is hereby amended to read as follows:

15-36 210.735 The chief of the youth parole bureau may [:

15-37 1. Appoint] appoint such employees as are necessary to carry out the

15-38 functions of the bureau.

15-39 [2. With the approval of the administrator of the division of child and

15-40 family services in the department of human resources, enter into contracts

15-41 with colleges, universities and other organizations for:

15-42 (a) Research in the field of delinquency and crime prevention.

16-1 (b) Training special workers, including parole officers and social

16-2 workers, whether volunteers or not, or whether they are on a part-time or

16-3 full-time basis, engaged in the fields of education, recreation, mental

16-4 hygiene and the treatment and prevention of delinquency.]

16-5 Sec. 43. NRS 210.740 is hereby amended to read as follows:

16-6 210.740 The chief of the youth parole bureau shall:

16-7 1. Supervise all persons released on parole from [the Nevada youth

16-8 training center and the Caliente youth] a center, and all persons released by

16-9 other states for juvenile parole in Nevada pursuant to the interstate

16-10 compact.

16-11 2. Furnish to each person so paroled a written statement of the

16-12 conditions of the parole and instructions regarding those conditions.

16-13 3. Keep himself informed concerning the conduct and condition of all

16-14 persons under his supervision.

16-15 4. Coordinate his functions with those of the superintendents of the

16-16 [Nevada youth training center and the Caliente youth center.] centers.

16-17 Sec. 44. NRS 210.750 is hereby amended to read as follows:

16-18 210.750 1. Each person who is paroled from [the Nevada youth

16-19 training center or the Caliente youth] a center must be placed in a

16-20 reputable home and in either an educational or work program or both. The

16-21 chief of the youth parole bureau may pay the expenses incurred in

16-22 providing alternative placements for residential programs and for

16-23 structured nonresidential programs from money appropriated to the bureau

16-24 for that purpose.

16-25 2. The chief may accept money of parolees for safekeeping pending

16-26 their discharges from parole. The chief must deposit the money in federally

16-27 insured accounts in banks or savings and loan associations. He shall keep

16-28 or cause to be kept a fair and full account of the money, and shall submit

16-29 such reports concerning the accounts to the deputy administrator [of the

16-30 division of child and family services of the department of human

16-31 resources] as the deputy administrator may require.

16-32 3. When any person so paroled has proven his ability to make an

16-33 acceptable adjustment outside [the] a center or, in the opinion of the chief,

16-34 is no longer amenable to treatment as a juvenile, the chief shall apply to the

16-35 committing court for a dismissal of all proceedings and accusations

16-36 pending against the person.

16-37 4. Before the chief recommends that the committing court revoke a

16-38 person’s parole, he shall ascertain from the superintendent of the

16-39 appropriate center whether adequate facilities remain available at the

16-40 center to provide the necessary care for the person. If the superintendent

16-41 advises that there are not such facilities available, that there is not enough

16-42 money available for support of the person at the center or that the person is

16-43 not suitable for admission to the center, the chief shall report that fact to

17-1 the deputy administrator , [of the division of child and family services,]

17-2 who shall recommend a suitable alternative to the court.

17-3 Sec. 45. NRS 277.065 is hereby amended to read as follows:

17-4 277.065 1. Within the limits of legislative appropriations, the

17-5 department of education, the county school districts of the various counties

17-6 of the state, and [the Nevada youth training center bureau and the Caliente

17-7 youth center bureau of] the division of child and family services of the

17-8 department of human resources may enter into cooperative arrangements

17-9 for improving the quality of the academic and occupational education

17-10 provided at the Nevada youth training center and Caliente youth center.

17-11 2. This authorization includes the right to pay over money

17-12 appropriated to the Nevada youth training center or Caliente youth center

17-13 to the department of education or to a county school district when

17-14 necessary to accomplish the purpose of this section.

17-15 Sec. 46. NRS 289.200 is hereby amended to read as follows:

17-16 289.200 Officers and employees of the:

17-17 1. Nevada youth training center have the powers of a peace officer so

17-18 far as necessary to arrest [inmates] residents who have escaped from that

17-19 center.

17-20 2. Caliente youth center have the powers of a peace officer so far as

17-21 necessary to arrest [inmates] residents who have escaped from that center.

17-22 Sec. 47. NRS 388.550 is hereby amended to read as follows:

17-23 388.550 1. With the approval of the juvenile court and the board of

17-24 county commissioners, the board of trustees of a school district may

17-25 employ necessary legally qualified teachers for the instruction of children

17-26 detained in:

17-27 (a) A detention home or alternative program maintained by the county

17-28 pursuant to the provisions of NRS 62.180.

17-29 (b) A juvenile forestry camp established by the county pursuant to the

17-30 provisions of NRS 244.297.

17-31 (c) A [juvenile training school] youth training center established by the

17-32 state pursuant to the provisions of chapter 210 of NRS.

17-33 2. As used in this section, "juvenile court" means:

17-34 (a) In any judicial district that includes a county whose population is

17-35 100,000 or more, the family division of the district court; or

17-36 (b) In any other judicial district, the juvenile division of the district

17-37 court.

17-38 Sec. 48. NRS 423.050 is hereby amended to read as follows:

17-39 423.050 1. The administrator shall appoint, with the approval of

17-40 the director, a superintendent of the northern Nevada children’s home

17-41 and a superintendent of the southern Nevada children’s home. The

17-42 superintendents are in the classified service of the state.

18-1 2. The superintendents shall be selected on the basis of training,

18-2 experience, capacity and interest in child welfare.

18-3 Sec. 49. Chapter 432A of NRS is hereby amended by adding thereto

18-4 the provisions set forth as sections 50 and 51 of this act.

18-5 Sec. 50. "Administrator" means the administrator of the division.

18-6 Sec. 51. "Division" means the division of child and family services

18-7 of the department of human resources.

18-8 Sec. 52. NRS 432A.020 is hereby amended to read as follows:

18-9 432A.020 As used in this chapter, unless the context otherwise

18-10 requires, the words and terms defined in NRS 432A.021 to 432A.028,

18-11 inclusive, and sections 50 and 51 of this act have the meanings ascribed to

18-12 them in those sections.

18-13 Sec. 53. NRS 432A.040 is hereby amended to read as follows:

18-14 432A.040 The [bureau] division shall:

18-15 1. Serve as a clearinghouse for information relating to child care.

18-16 2. Assist the director in all matters pertaining to child care services and

18-17 programs.

18-18 3. Develop plans and conduct and arrange for research and

18-19 demonstration programs in the field of child care.

18-20 4. Provide technical assistance and consultation to political

18-21 subdivisions with respect to programs for child care.

18-22 5. Prepare, publish and disseminate educational materials dealing with

18-23 child care.

18-24 6. Gather statistics in the field of child care which other federal and

18-25 state agencies are not collecting.

18-26 7. Stimulate more effective use of existing resources and available

18-27 services for child care.

18-28 Sec. 54. NRS 432A.070 is hereby amended to read as follows:

18-29 432A.070 1. The [chief] administrator shall:

18-30 (a) Establish appropriate administrative units within the [bureau;]

18-31 division to carry out the purposes of this chapter;

18-32 (b) Appoint such personnel and prescribe their duties as he deems

18-33 necessary for the proper and efficient performance of the functions of the

18-34 [bureau;] division to carry out the purposes of this chapter;

18-35 (c) Prepare and submit to the governor, through the director, before

18-36 September 1 of each even-numbered year for the biennium ending June 30

18-37 of that year, reports of activities and expenditures and estimates of sums

18-38 required to carry out the purposes of this chapter;

18-39 (d) Make certification for disbursement of money available for carrying

18-40 out the purposes of this chapter; and

18-41 (e) Take such other action as may be necessary or appropriate for

18-42 cooperation with public and private agencies and otherwise to carry out the

18-43 purposes of this chapter.

19-1 2. The [chief] administrator may delegate to any officer or employee

19-2 of the [bureau] division such of his powers and duties as he finds necessary

19-3 to carry out the purposes of this chapter.

19-4 Sec. 55. NRS 432A.090 is hereby amended to read as follows:

19-5 432A.090 The [bureau] division may develop a state plan for services

19-6 and programs relating to child care and may comply with such other

19-7 requirements as may be necessary to obtain federal money. In developing

19-8 and revising the state plan, the [bureau] division shall consider, among

19-9 other things, the amount of money available from the Federal Government

19-10 and the conditions attached to the acceptance of such money, and the

19-11 limitations of legislative appropriations for services and programs relating

19-12 to child care.

19-13 Sec. 56. NRS 210.400, 210.405, 210.450, 210.460, 210.470, 210.480,

19-14 210.490, 210.500, 210.510, 210.520, 210.530, 210.535, 210.540, 210.550,

19-15 210.560, 210.570, 210.580, 210.590, 210.610, 210.615, 210.620, 210.630,

19-16 210.640, 210.660, 210.670, 210.680, 210.690, 210.710, 210.713, 210.715,

19-17 210.730, 232.450, 432A.022, 432A.023 and 432A.060 are hereby

19-18 repealed.

 

19-19 LEADLINES OF REPEALED SECTIONS

 

19-20 210.400 Definitions.

19-21 210.405 Administration.

19-22 210.450 Residence.

19-23 210.460 Perquisites.

19-24 210.470 Qualifications; procedure for recruitment.

19-25 210.480 Powers and duties.

19-26 210.490 Power to contract with university or organization for

19-27 research or training.

19-28 210.500 Appointment of staff of school; designation of deputies.

19-29 210.510 Employees residing at school; perquisites at discretion of

19-30 administrator; report to legislature.

19-31 210.520 Organization of department of instruction; programs of

19-32 study; enrollment of inmates in public schools; employment of

19-33 inmates.

19-34 210.530 Duties of superintendent concerning provisions of Title

19-35 34 of NRS.

19-36 210.535 Director to administer program to educate inmates in

19-37 problems of alcohol and drug abuse.

19-38 210.540 General provisions.

19-39 210.550 Caliente youth center’s gift account.

20-1 210.560 Money and valuables of inmate; disposition of uncashed

20-2 check issued by school to inmate.

20-3 210.570 Inmates’ commissary; Caliente youth center commissary

20-4 fund.

20-5 210.580 Commitment of delinquents; physical examination;

20-6 expenses of support and maintenance.

20-7 210.590 Presence of female attendant required when dealing with

20-8 female minors committed to school.

20-9 210.610 Committing court to transmit summary of case history to

20-10 superintendent.

20-11 210.615 Transfer of inmate of Nevada youth training center.

20-12 210.620 Administrator to report to committing court inmates

20-13 who appear improper for retention by school and recommend

20-14 alternatives.

20-15 210.630 Order of commitment: Modification; setting aside;

20-16 service of notice on superintendent.

20-17 210.640 Officers and employees prohibited from serving as

20-18 guardian of person or estate of inmate.

20-19 210.660 Medical, surgical and dental services.

20-20 210.670 Parole of inmates; temporary furlough.

20-21 210.680 Suspension, modification or revocation of parole by

20-22 committing court.

20-23 210.690 Written order of superintendent constitutes warrant for

20-24 arrest.

20-25 210.710 Penalty for aiding or concealing escape of inmate.

20-26 210.713 Required notice upon escape and apprehension of

20-27 inmate.

20-28 210.715 Discharge.

20-29 210.730 "Youth parole bureau" defined.

20-30 232.450 Division of child and family services: Classifications of

20-31 chiefs of bureaus.

20-32 432A.022 "Bureau" defined.

20-33 432A.023 "Chief" defined.

20-34 432A.060 Chief: Appointment; qualifications.

~