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Nevada

 

Code Subject Matter
Juvenile Procedure Code § 62H.030 Maintenance and inspection of records
Juvenile Procedure Code § 62H.040 Release of child's name for use in civil action
Juvenile Procedure Code § 62H.100 Sealing and Unsealing of Records: "Records" defined
Juvenile Procedure Code § 62H.110 Sealing and Unsealing of Records: Applicability of provisions
Juvenile Procedure Code § 62H.150 Sealing and Unsealing of Records: Limitations on sealing records related to certain delinquent acts
Juvenile Procedure Code § 62H.200 Division of Child and Family Services to establish standardized system for collecting and analyzing information concerning juvenile justice
Juvenile Procedure Code § 62H.210 Information to be collected by standardized system regarding children referred to system of juvenile justice; confidentiality
Juvenile Procedure Code § 62H.220 Division of Child and Family Services to collect certain information regarding child adjudicated delinquent for sexual offense; confidentiality
Juvenile Procedure Code § 62H.230 Probation departments to analyze information annually and compile reports concerning disparate treatment of children
Juvenile Procedure Code § 62F.110 Powers and duties of juvenile court: Supervision of child; restrictions on attendance; parental responsibility
Juvenile Procedure Code § 62F.120 Notification to school concerning adjudication; notification to include name of victim in certain circumstances
Juvenile Procedure Code § 62F.150 Termination of restrictions: Power to request; conditions; notification to school
Juvenile Procedure Code § 62E.030 Court to provide certain information to school district concerning child who caused or attempted to cause serious bodily injury to another person
Juvenile Procedure Code § 62E.150 Provision of information to institution or agency to which child is committed and information to juvenile court from such institution or agency
Education Code § 392.165 Documents required for permanent enrollment; name under which child must be enrolled; notification

TITLE 5.  Procedure In Juvenile Cases.
CHAPTER 62H.  Records Related to Children.
Collection and Disclosure of Information

Nev. Rev. Stat. Ann. § 62H.030  (2009)

62H.030.  Maintenance and inspection of records.

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

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

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

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

   (b) Records which have not been sealed and which are required by the Division of Parole and Probation for preparation of presentence investigations and reports pursuant to NRS 176.135 or general investigations and reports pursuant to NRS 176.151;

   (c) Records which have not been sealed and which are to be 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 of the risk of recidivism of an adult or juvenile sex offender;

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

   (e) Information that must be collected by the Division of Child and Family Services pursuant to NRS 62H.220.

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

62H.040.  Release of child's name for use in civil action.

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

2. If the person who petitions the juvenile court makes a satisfactory showing that the person intends, in good faith, to use the child's name in the civil action, the juvenile court shall order the release of the child's name and authorize its use in the civil action.

TITLE 5.  Procedure In Juvenile Cases.
CHAPTER 62H.  Records Related to Children.
Sealing and Unsealing of Records

Nev. Rev. Stat. Ann. § 62H.100  (2009)

62H.100.  "Records" defined.

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

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

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

2. The term includes records of arrest.

62H.110.  Applicability of provisions.

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

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

   2. Information that must be collected by the Division of Child and Family Services pursuant to NRS 62H.220;

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

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

62H.150.  Limitations on sealing records related to certain delinquent acts.

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

2. After the child reaches 30 years of age, the child may 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 probation officer.

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

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

6. The provisions of this section apply to any of the following 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 assault pursuant 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 if committed by an adult and which involved the use or threatened use of force or violence.

TITLE 5.  Procedure In Juvenile Cases.
CHAPTER 62H.  Records Related to Children.
Standardized System for Reporting Information

Nev. Rev. Stat. Ann. § 62H.200  (2009)

62H.200.  Division of Child and Family Services to establish standardized system for collecting and 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 concerning juvenile justice in this state.

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

   (c) Adopt such regulations as are necessary to carry out the provisions of this section, including requirements for the transmittal of information to the standardized system from the juvenile courts, local juvenile probation departments and the staff of the youth correctional services, as directed by the Department of Health and Human Services.

2. Each juvenile court and local juvenile probation department and the staff of the youth correctional services, as directed by the Department of Health and Human Services, shall comply with the regulations adopted pursuant to this section.

62H.210.  Information to be collected by standardized system regarding children referred to system of juvenile justice; confidentiality.

  1. Except as otherwise provided in subsection 3, the standardized system established pursuant to NRS 62H.200 must collect, categorize and maintain the following information from the juvenile courts, local juvenile probation departments and the staff of the youth correctional services, as directed by the Department of Health and Human Services, regarding each child referred to the system of juvenile justice in this state:

   (a) A unique number assigned to the child for identification;

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

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

      (2) The composition of the household in which the 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 of the child;

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

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

2. In addition to the information required pursuant to subsection 1 and except as otherwise provided in subsection 3, the Department of Health and Human Services shall require the staff of the youth correctional services to collect and transmit the following information to the standardized system regarding each child committed to or otherwise placed in the custody of the 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 to the child during each placement;

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

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

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

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

62H.220.  Division of Child and Family Services to collect certain information regarding child adjudicated delinquent for sexual offense; confidentiality.

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

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

   (b) The name of the child; and

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

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

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

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

3. Except as otherwise provided in NRS 239.0115, all information containing the name of the child and all information relating to programs of treatment in which the child participated is confidential and must not be used for a purpose other than that provided for in this section and NRS 179A.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 assault pursuant to NRS 200.400;

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

   (e) Incest pursuant to NRS 201.180;

   (f) Solicitation of a minor to engage in acts constituting 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 to NRS 201.450;

   (k) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony;

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

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

   (n) An offense that is determined to be sexually motivated 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 this subsection.

62H.230.  Probation departments to analyze information submitted to standardized system annually and compile reports concerning disparate treatment of children; Division of Child and Family Services to publish reports annually.

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

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

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

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

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

      (2) Any recommendations it developed pursuant to paragraph (b).

2. The Division of Child and Family Services shall annually:

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

   (b) Publish a document which includes a compilation of the reports.

TITLE 5.  Procedure In Juvenile Cases.
CHAPTER 62F.  Juvenile Sex Offenses.
Restrictions Concerning Attendance in School

Nev. Rev. Stat. Ann. § 62F.110  (2009)

62F.110.  Powers and duties of juvenile court: Supervision of child; restrictions on attendance; parental responsibility; schools may be authorized to inform educational personnel; termination of jurisdiction.

  1. In addition to any other action authorized or required pursuant to the provisions of this title and except as otherwise provided in NRS 62F.150, if a child is adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult or is adjudicated delinquent for a sexually motivated act, the juvenile court shall:

   (a) Place the child under the supervision of a probation officer or parole officer, as appropriate, for a period of not less than 3 years.

   (b) Except as otherwise provided in NRS 62F.130; and 62F.140, prohibit the child from attending a public school or private school that a victim of the sexual offense or the sexually motivated act is attending for the period ordered by the juvenile court pursuant to paragraph (a).

   (c) Order the parent or guardian of the child to inform the probation officer or parole officer, as appropriate, assigned to the child each time the child expects to change the public school or private school that the child is attending, not later than 20 days before the expected date of the change.

   (d) Order the parent or guardian of the child, to the extent of his financial ability, to reimburse all or part of the additional costs of transporting the child, if the costs are incurred by a county school district pursuant to NRS 392.251 to 392.271, inclusive.

   (e) Inform the parent or guardian of the child of the requirements of NRS 62F.100 to 62F.150, inclusive, 392.251 to 392.271, inclusive, and 394.162 to 394.167, inclusive.

2. The juvenile court may authorize a superintendent of a county school district or the executive head of a private school who receives notification from a probation officer or parole officer, as appropriate, pursuant to NRS 62F.120 to inform other appropriate educational personnel that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act.

3. Except as otherwise provided in NRS 62F.150, the juvenile court may not terminate its jurisdiction concerning the child for the purposes of carrying out the provisions of NRS 62F.100 to 62F.150, inclusive, for the period ordered by the juvenile court pursuant to paragraph (a) of subsection 1.

62F.120.  Notification to school concerning adjudication; notification to include name of victim in certain circumstances.

  1. If a child has been adjudicated delinquent for a sexual offense or a sexually motivated act, the probation officer or parole officer, as appropriate, assigned to the child shall provide notice that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act to:

   (a) The superintendent of the county school district in which the child resides; or

   (b) If the child is attending a private school within this state, the executive head of the private school.

2. If the probation officer or parole officer, as appropriate, assigned to the child is informed by the parent or guardian of the child that the child expects to change the public school or private school that the child is attending or if the probation officer or parole officer otherwise becomes aware of such a change, the probation officer or parole officer shall provide notification that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act to:

   (a) The superintendent of the county school district in which the child is or will be residing; or

   (b) If the child is or will be attending a private school within this state, the executive head of the private school.

3. Notification provided pursuant to this section must include the name of each victim of a sexual offense or a sexually motivated act committed by the child if:

   (a) The victim is attending a public school or private school within this State; and

   (b) The parent or guardian of the victim consents, in writing, to the inclusion of the name of the victim in the notification.

62F.150.  Termination of restrictions: Power to request; conditions; notification to school.

  1. A probation officer or parole officer, as appropriate, assigned to a child who is subject to the provisions of NRS 62F.100 to 62F.150, inclusive, may submit a petition to the juvenile court requesting that the court terminate the applicability of the provisions of NRS 62F.100 to 62F.150, inclusive, with respect to the child if:

   (a) At the time the child committed the sexual offense or the sexually motivated act for which the child was adjudicated delinquent, the child and the victim of the sexual offense or sexually motivated act were members of the same family or household;

   (b) The child has complied with the terms and conditions of his probation or parole, including, but not limited to, the completion of any counseling in which the child was ordered to participate;

   (c) The child's counselor recommends, in writing, that the juvenile court terminate the applicability of the provisions of NRS 62F.100 to 62F.150, inclusive, with respect to the child to allow the reunification of the family or household; and

   (d) The victim and the parent or guardian of the victim consent, in writing, to the termination of the applicability of the provisions of NRS 62F.100 to 62F.150, inclusive, with respect to the child to allow the reunification of the family or household.

2. If the juvenile court grants a petition requested pursuant to this section, the juvenile court shall provide written notice to the public school or private school which the child is attending that the juvenile court has terminated the applicability of the provisions of NRS 62F.100 to 62F.150, inclusive, with respect to the child.

TITLE 5.  Procedure In Juvenile Cases.
CHAPTER 62E.  Disposition of Cases by Juvenile Court.
General Provisions

Nev. Rev. Stat. Ann. § 62E.030  (2009)

62E.030.  Court to provide certain information to school district concerning child who caused or attempted to cause serious bodily injury to another person.

  1. If a court determines that a child who is currently enrolled in school unlawfully caused or attempted to cause serious bodily injury to another person, the court shall provide the information specified in subsection 2 to the school district in which the child is currently enrolled.

2. The information required to be provided pursuant to subsection 1 must include:

   (a) The name of the child;

   (b) A description of any injury sustained by the other person;

   (c) A description of any weapon used by the child; and

   (d) A description of any threats made by the child against the other person before, during or after the incident in which the child injured or attempted to injure the person.

62E.150.  Provision of information to institution or agency to which child is committed; provision of information to juvenile court from such institution or agency.

  1. If the juvenile court commits a child to the custody of a public or private institution or agency, the juvenile court shall:

   (a) Transmit a summary of its information concerning the child to the institution or agency; and

   (b) Order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency.

2. The institution or agency to which the child is committed shall provide the juvenile court with any information concerning the child that the juvenile court may require.

TITLE 34.  Education.
CHAPTER 392.  Pupils.
Attendance
Birth Certificates and Records of Attendance; Name for Enrollment

Nev. Rev. Stat. Ann. § 392.165  (2009)

392.165.  Documents required for permanent enrollment; name under which child must be enrolled; notification to law enforcement agency for failure to furnish documents.

  1. The board of trustees of a school district and the governing body of a charter school shall not allow a child to be permanently enrolled in any school in the district or any charter school until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the child's identity and, if applicable, a copy of the child's records from the school he most recently attended.

2. Except as otherwise provided in subsection 3, a child must be enrolled in a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the board of trustees of the school district or the governing body of a charter school to enroll the child under a name other than the name which appears in the identifying document or records.

3. A child who is in the custody of the agency which provides child welfare services, as defined in NRS 432B.030, may be enrolled in a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.

4. If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally enrolled, the principal, superintendent or governing body of a charter school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.


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