NRS 3.2203
Jurisdiction to make findings relating to status of child as special immigrant juvenile

  • request for findings
  • order making findings
  • records relating to immigration status of child
  • Supreme Court to adopt rules and procedures.

1.

The district court has jurisdiction to make judicial determinations regarding the custody and care of juveniles within the meaning of the federal Immigration and Nationality Act, 8 U.S.C. §§ 1101 et seq., and the regulations adopted pursuant thereto, and therefore may make the factual findings necessary to enable a child to apply for status as a special immigrant juvenile with the United States Citizenship and Immigration Services of the Department of Homeland Security, as described in 8 U.S.C. § 1101(a)(27)(J).

2.

The factual findings set forth in subsection 3 may be made by the district court at any time during a proceeding held pursuant to chapter 62B, 125, 159, 159A or 432B of NRS.

3.

A person may include in a petition filed or motion made pursuant to chapter 62B, 125, 159, 159A or 432B of NRS a request that the court make the following findings to enable a child to apply for status as a special immigrant juvenile with the United States Citizenship and Immigration Services:

(a)

The child has been declared dependent on the court or has been legally committed to, or placed under the custody of, a state agency or department or a person appointed by the court;

(b)

The reunification of the child with one or both of his or her parents was determined not to be viable because of abandonment, abuse or neglect or a similar basis under the laws of this State; and

(c)

It is not in the best interests of the child to be returned to the previous country of nationality or last habitual residence of the child or his or her parents.

4.

If the court determines that there is evidence to support the findings set forth in subsection 3, including, without limitation, a declaration by the child who is the subject of the petition, the court shall issue an order setting forth such findings. The court shall include in the order the date on which the:

(a)

Dependency, commitment or custody of the child was ordered; and

(b)

Reunification of the child with one or both of his or her parents was determined not to be viable.

5.

The court shall not:

(a)

Make any additional findings regarding the asserted, purported or perceived motivation of the child seeking status as a special immigrant juvenile or the person requesting that the court make the findings set forth in subsection 3; or

(b)

Include or reference any such asserted, purported or perceived motivation of any such person as a part of its findings pursuant to this section.

6.

In any proceeding held regarding a petition filed pursuant to subsection 3, any records containing information concerning the immigration status of a child that are not otherwise confidential pursuant to any provision of law must be sealed and made available for inspection only by:

(a)

The court;

(b)

The child who is the subject of the proceeding and his or her attorney and guardian; and

(c)

Any party to the proceeding and his or her attorney.

7.

The Supreme Court shall adopt any rules and procedures necessary to implement the provisions of this section.

8.

As used in this section:

(a)

“Abandonment” has the meaning ascribed to “abandonment of a child” in NRS 128.012.

(b)

“Abuse or neglect” has the meaning ascribed to “abuse or neglect of a child” in NRS 432B.020.

(c)

“Child” means an unmarried person who is less than 21 years of age.

(d)

“Special immigrant juvenile” means a person described in 8 U.S.C. § 1101(a)(27)(J).

Source: Section 3.2203 — Jurisdiction to make findings relating to status of child as special immigrant juvenile; request for findings; order making findings; records relating to immigration status of child; Supreme Court to adopt rules and procedures., https://www.­leg.­state.­nv.­us/NRS/NRS-003.­html#NRS003Sec2203 (accessed May 26, 2025).

3.001
Definitions. 3.002
“Chief Judge” defined. 3.004
“Department of the family court” defined. 3.006
“Family court” defined. 3.008
“Jurisdiction of the family court” defined. 3.010
Judicial districts: Number 3.011
Number of district judges for First Judicial District. 3.012
Number of district judges for Second Judicial District who are not family court judges. 3.013
Number of district judges for Third Judicial District. 3.014
Number of district judges for Fourth Judicial District. 3.015
Number of district judges for Fifth Judicial District. 3.016
Number of district judges for Sixth Judicial District. 3.017
Number of district judges for Seventh Judicial District. 3.018
Number of district judges for Eighth Judicial District who are not family court judges. 3.019
Number of district judges for Ninth Judicial District. 3.020
Judicial districts with more than one judge: Concurrent jurisdiction of judges. 3.025
Chief Judge in certain judicial districts: Selection 3.026
Chief Judge in certain judicial districts: Additional duties. 3.027
Courses of instruction: General requirements 3.028
Courses of instruction: Required attendance at course designed for training new judges of juvenile courts and family courts 3.029
Training concerning complex issues of litigation alleging professional negligence by provider of health care. 3.030
Salary. 3.040
Ex officio circuit judges 3.060
Qualifications. 3.070
Resignation. 3.080
Vacancy filled by Governor 3.090
Pensions. 3.092
Retirement because of incapacity, disability or advanced age. 3.095
Benefits for surviving spouse. 3.097
Benefits for surviving child. 3.098
Benefits for survivor beneficiary and additional payees. 3.099
Application and administration of provisions concerning pensions, retirement and benefits. 3.100
District court to be held at county seat 3.0105
Establishment of family court in county whose population is 100,000 or more 3.0107
Imposition of ad valorem tax authorized for support of family court. 3.110
Request for military aid to assist civil authorities in suppressing violence. 3.120
District judge not to practice law. 3.0125
Number of district judges for Second Judicial District who are family court judges. 3.130
Acceptance of gratuity in connection with marriage unlawful. 3.140
Absence from State 3.150
Power to take and certify acknowledgments and affidavits. 3.155
Use of facsimile signature: Conditions and restrictions. 3.160
Missing volumes of Statutes of Nevada and Nevada Reports to be supplied. 3.170
Signing of records left unsigned by predecessor. 3.180
Performance of certain acts in civil actions after term expires or cessation of exercise of duties. 3.0185
Number of district judges for Eighth Judicial District who are family court judges. 3.0195
Number of district judges for Tenth Judicial District. 3.0197
Number of district judges for Eleventh Judicial District. 3.0199
Jurisdiction over matters arising from or relating to administration of Humboldt River Decree. 3.220
Equal coextensive and concurrent jurisdiction. 3.221
Transfer of original jurisdiction to justice court. 3.223
Jurisdiction of family courts. 3.225
Family court to encourage resolution of certain disputes through nonadversarial methods 3.227
Information form for family court: Development 3.230
Statements upon matters of fact. 3.240
Written decisions. 3.241
Ruling that provision of Nevada Constitution or Nevada Revised Statutes is unconstitutional: Prevailing party to provide copy of ruling to Attorney General. 3.243
Report of certain statistical information to be submitted to Court Administrator. 3.245
Appointment of masters for criminal proceedings. 3.250
County clerk to be clerk of court. 3.260
Deputy clerks. 3.270
Duty of clerks to give receipts and pay over money. 3.275
Clerk to obtain and maintain information regarding cases. 3.280
Clerk to keep register of civil actions. 3.300
Power of clerks to take and certify acknowledgments and affidavits. 3.305
Destruction or disposal of exhibits by clerk. 3.307
Destruction or disposal of exhibits in civil actions. 3.310
Bailiffs and deputy marshals: Appointment 3.320
Official reporter: Appointment 3.340
Official reporter: Attention to duties 3.350
Official reporter: Oath of office. 3.360
Official reporter: Transcript prima facie evidence. 3.370
Official reporter: Compensation. 3.380
Sound recording equipment: Installation 3.405
Masters: Appointment 3.415
Time for disposition of cases. 3.475
Establishment of programs of mandatory mediation in county whose population is 700,000 or more. 3.500
Establishment of programs of mandatory mediation in county whose population is less than 700,000. 3.2203
Jurisdiction to make findings relating to status of child as special immigrant juvenile

May 26, 2025

§ 3.2203. Jurisdiction to make findings relating to status of child as special immigrant juvenile's source at nv​.us