Section 432B.46803 - Hearing to determine if parent or other person is incapacitated; appointment of guardian ad litem; initial evaluation; contents and review of order; termination1. If a parent or other person responsible for the welfare of a child who is the subject of proceedings under NRS 432B.410 to 432B.590, inclusive, is less than 18 years of age and is not emancipated, the court shall hold a hearing to determine whether the parent or other person is incapacitated. If the court determines, by clear and convincing evidence, that the parent or other person is incapacitated, the court shall appoint a guardian ad litem for the parent or other person.2. If the provisions of subsection 1 do not apply, a court may appoint a guardian ad litem for a parent or other person responsible for the welfare of a child who is the subject of proceedings under NRS 432B.410 to 432B.590, inclusive, upon the motion of a party or its own motion if the court determines that the parent or other person is incapacitated. A party shall not make a motion pursuant to this subsection for the purpose of delay.3. When determining whether the parent or other person responsible for the welfare of a child is incapacitated pursuant to subsection 1 or 2, a court shall consider: (a) The ability of the parent or other person to:(1) Appreciate the allegations against him or her;(2) Understand the possible outcomes of the proceedings;(3) Understand the nature of the legal process;(4) Disclose to his or her attorney the facts relevant to the proceedings;(5) Display appropriate behavior in the courtroom; and(6) Testify regarding issues relevant to the proceedings;(b) Any findings in another legal proceeding that the parent or other person is incapacitated or incompetent;(c) Any mental illness, intellectual disability or developmental disability that affects the capacity of the parent or other person;(d) The results of any evaluation conducted pursuant to NRS 432B.46806; and(e) Any other factor that affects the capacity of the parent or other person or evidence concerning such capacity.4. A court may determine that a parent or other person responsible for the welfare of a child is incapacitated pursuant to this section only if it finds by clear and convincing evidence that the parent or other person is unable to:(a) Understand the nature of the allegations against him or her;(b) Understand the nature and purpose of the proceedings; or(c) Aid and assist his or her attorney at any time during the proceedings with a reasonable degree of rational understanding.5. If a court determines that a parent or other person responsible for the welfare of a child is incapacitated pursuant to this section, the court shall appoint a guardian ad litem for the parent or other person. The court may not appoint the attorney for the parent or other person as his or her guardian ad litem. When determining the person who will be appointed as the guardian ad litem, the court: (a) Shall consider the wishes of the parent or other person for whom the guardian ad litem will be appointed;(b) May consider any other relevant evidence; and(c) May call additional witnesses.6. The court shall, upon the request of a parent or other person responsible for the welfare of the child for whom a guardian ad litem will be appointed pursuant to this section, conduct the initial evaluation of a person who may be appointed as the guardian ad litem outside the presence of the other parties.7. An order appointing a guardian ad litem pursuant to this section must be based upon clear and convincing evidence and set forth:(a) Findings of fact regarding the determination of the court that the parent or other person responsible for the welfare of a child is incapacitated; and(b) The authority and duties of the guardian ad litem.8. Except as otherwise provided in this subsection, the court shall review an order appointing a guardian ad litem pursuant to this section upon the request of any party to determine whether the parent or other person responsible for the welfare of a child for whom the guardian ad litem was appointed remains incapacitated. The court must conduct such a review within 45 days after such a request is made.9. If a court determines that a parent or other person responsible for the welfare of a child is incapacitated solely because of his or her age and appoints a guardian ad litem for the parent or other person, the appointment of the guardian ad litem must terminate on the 18th birthday of the parent or other person.Added to NRS by 2023, 2325Added by 2023, Ch. 397,§32, eff. 10/1/2023, app. to any proceedings to which those provisions would otherwise apply which are instituted before, on or after 10/1/2023.