NRS 62D.040
Procedure at first appearance at intake and before juvenile court

  • when adjudicating hearing is required
  • standards of proof
  • actions of court after determination of whether or not allegations have been established.

1.

At the child’s first appearance at intake and before the juvenile court, the child must be:

(a)

Advised of his or her rights;

(b)

Informed of the specific allegations in the petition; and

(c)

Given an opportunity to admit or deny those allegations.

2.

If the child denies the allegations in the petition, the juvenile court shall:

(a)

Conduct an adjudicatory hearing concerning the allegations; and

(b)

Record its findings on whether the allegations have been established.

3.

If the child is alleged to be in need of supervision, the allegations in the petition must be established by a preponderance of the evidence based upon competent, material and relevant evidence.

4.

If the child is alleged to have committed a delinquent act, the allegations in the petition must be established by proof beyond a reasonable doubt based upon competent, material and relevant evidence.

5.

If the juvenile court finds that the allegations in the petition have not been established, the juvenile court shall dismiss the petition and order that the child be discharged from any facility for the detention of children or temporary care, unless otherwise ordered by the juvenile court.

6.

If the juvenile court finds that the allegations in the petition have been established, the juvenile court shall make a proper disposition of the case.
RIGHTS OF PARENTS AND GUARDIANS

Source: Section 62D.040 — Procedure at first appearance at intake and before juvenile court; when adjudicating hearing is required; standards of proof; actions of court after determination of whether or not allegations have been established., https://www.­leg.­state.­nv.­us/NRS/NRS-62D.­html#NRS62DSec040.

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.040’s source at nv​.us