NRS 62D.180
Determination of competence of child by juvenile court

  • additional determinations if child determined to be incompetent.

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.

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.

Source: Section 62D.180 — Determination of competence of child by juvenile court; additional determinations if child determined to be incompetent., https://www.­leg.­state.­nv.­us/NRS/NRS-62D.­html#NRS62DSec180.

62D.010
Manner for conducting proceedings 62D.020
Prosecution for same offense in another proceeding prohibited. 62D.030
Advisement of right to representation by attorney 62D.035
Attorney authorized to consult with and seek appointment of certain professionals. 62D.040
Procedure at first appearance at intake and before juvenile court 62D.100
Right to representation by attorney 62D.110
Juvenile court to provide certificate of attendance to parent or guardian 62D.120
Juvenile court to provide to parents and guardians notice of juvenile proceedings to be held after detention hearing 62D.130
Terminating or threatening to terminate employment of parent or guardian for appearance at proceeding prohibited 62D.140
“Incompetent” defined. 62D.145
Suspension of case to determine competence of child. 62D.150
Duties of person making motion for evaluation of child. 62D.155
Appointment of one or more experts to evaluate and report on competence of child 62D.160
Evaluation of child by expert: Required considerations. 62D.165
Written report of expert: Contents. 62D.170
Expedited hearing to determine competence of child. 62D.175
Juvenile court to consider certain information only for certain purposes 62D.180
Determination of competence of child by juvenile court 62D.185
Periodic review by juvenile court of child determined to be incompetent. 62D.190
Child determined to be incompetent may not be adjudicated delinquent or in need of supervision or placed under supervision of juvenile court during period that child remains incompetent. 62D.200
Full faith and credit given to proceedings of Indian tribe. 62D.210
Procedure when proceedings involve placement into foster care 62D.300
Power of juvenile court to expedite proceeding involving act committed against or witnessed by person less than 16 years of age. 62D.310
Period for final disposition of cases. 62D.320
Continuances. 62D.400
Electronic filing of certain documents. 62D.405
Interpreters. 62D.410
Subpoenas. 62D.415
Use of instrument of restraint on child during proceeding. 62D.420
Admissible evidence 62D.430
Fees allowed for witnesses and other persons acting under order of juvenile court 62D.440
Disclosure to victim of disposition of case 62D.500
Appeals.
Last Updated

Jun. 24, 2021

§ 62D.180’s source at nv​.us