Nevada Juvenile Justice
Sec. § 62D.030
Advisement of right to representation by attorney; appointment of attorney; waiver of right to representation; responsibility of parent or guardian for payment; compensation.


1.

If a child is alleged to be delinquent or in need of supervision, the juvenile court shall advise the child and the parent or guardian of the child that the child is entitled to be represented by an attorney at all stages of the proceedings.

2.

If a parent or guardian of a child is indigent, the parent or guardian may request the appointment of an attorney to represent the child pursuant to the provisions in NRS 171.188.

3.

Except as otherwise provided in this section, the juvenile court shall appoint an attorney for a child if the parent or guardian of the child does not retain an attorney for the child and is not likely to retain an attorney for the child.

4.

A child may waive the right to be represented by an attorney if:

(a)

A petition is not filed and the child is placed under informal supervision pursuant to NRS 62C.200; or

(b)

A petition is filed and the record of the juvenile court shows that the waiver of the right to be represented by an attorney is made knowingly, intelligently, voluntarily and in accordance with any applicable standards established by the juvenile court.

5.

Except as otherwise provided in subsection 6 and NRS 424.085, if the juvenile court appoints an attorney to represent a child and:

(a)

The parent or guardian of the child is not indigent, the parent or guardian shall pay the reasonable fees and expenses of the attorney.

(b)

The parent or guardian of the child is indigent, the juvenile court may order the parent or guardian to reimburse the county or State in accordance with the ability of the parent or guardian to pay.

6.

For the purposes of paragraph (b) of subsection 5, the juvenile court shall find that the parent or guardian of the child is indigent if:

(a)

The parent or guardian:

(1)

Receives public assistance, as that term is defined in NRS 422A.065;

(2)

Resides in public housing, as that term is defined in NRS 315.021;

(3)

Has a household income that is less than 200 percent of the federally designated level signifying poverty;

(4)

Is incarcerated pursuant to a sentence imposed upon conviction of a crime; or

(5)

Is housed in a public or private mental health facility; or

(b)

After considering the particular circumstances of the parent or guardian, including, without limitation, the seriousness of the charges against the child, the monthly expenses of the parent or guardian and the rates for attorneys in the area in which the juvenile court is located, the juvenile court determines that the parent or guardian is financially unable, without substantial hardship to the parent or guardian or his or her dependents, to obtain qualified and competent legal counsel.

7.

Each attorney, other than a public defender, who is appointed under the provisions of this section is entitled to the same compensation and expenses from the county as is provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with criminal offenses.
Source
Last accessed
Dec. 7, 2019