Nev. Rev. Stat. § 62D.180

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 62D.180 - Determination of competence of child by juvenile court; additional determinations if child determined to be incompetent; issuance of necessary recommendations and orders
1. After the juvenile court considers the written reports of all the experts appointed by the juvenile court, any additional written reports, and testimony and other evidence presented at the hearing, the juvenile court shall determine whether the child is incompetent.
2. If the juvenile court determines that the child is competent, the juvenile court shall proceed with the case.
3. If the juvenile court determines that the child is incompetent, the juvenile court shall determine whether:
(a) The child is a danger to himself or herself or society;
(b) Providing services to the child will assist the child in attaining competence and further the policy goals set forth in NRS 62A.360; and
(c) Any services provided to the child can best be provided to the child as an outpatient or inpatient, by commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160, or as otherwise allowed by law.
4. After the juvenile court makes the determinations set forth in subsection 3, the juvenile court shall issue all necessary and appropriate recommendations and orders. The juvenile court may order a division facility to accept and provide services to the child consistent with the provisions of NRS 433B.320. As used in this subsection, "division facility" has the meaning ascribed to it in NRS 433B.070.
5. Any treatment ordered by the juvenile court must provide the level of care, guidance and control that will be conducive to the child's welfare and the best interests of this State.

NRS 62D.180

Added to NRS by 2015, 2031; A 2021, 2553
Amended by 2021, Ch. 395,§1.7, eff. 7/1/2021.
Added by 2015, Ch. 364,§10, eff. 10/1/2015.