NRS 62D.185
Periodic review by juvenile court of child determined to be incompetent.


1.

If the juvenile court determines that a child is incompetent pursuant to NRS 62D.180, the juvenile court shall conduct a periodic review to determine whether the child has attained competence. Unless the juvenile court terminates its jurisdiction pursuant to paragraph (c) of subsection 3, such a periodic review must be conducted:

(a)

Not later than 6 months after the date of commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160 or the date treatment ordered by the court commenced, whichever is earlier;

(b)

After any period of extended treatment;

(c)

After the child completes any treatment ordered by the juvenile court;

(d)

After a person ordered by the juvenile court to provide services to the child pursuant to NRS 62D.180 determines that the child has attained competence or will never attain competence; or

(e)

At shorter intervals as ordered by the juvenile court.

2.

Before a periodic review is conducted pursuant to subsection 1, any person ordered by the juvenile court to provide services to a child pursuant to NRS 62D.180 must provide a written report to the juvenile court, the parties, and the department of juvenile services or Youth Parole Bureau, as applicable.

3.

After a periodic review is conducted pursuant to subsection 1, if the juvenile court determines that the child:

(a)

Is competent, the juvenile court shall enter an order accordingly and proceed with the case.

(b)

Has not attained competence, the juvenile court shall order appropriate treatment, including, without limitation, residential or nonresidential placement in accordance with NRS 62D.140 to 62D.190, inclusive, commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160, or as otherwise allowed by law.

(c)

Has not attained competence and will be unable to attain competence in the foreseeable future, the juvenile court shall hold a hearing to consider the best interests of the child and the safety of the community and determine whether to dismiss any petitions pending before the juvenile court and terminate the jurisdiction of the juvenile court. In determining whether to dismiss a petition and terminate its jurisdiction pursuant to this paragraph, the juvenile court shall consider:

(1)

The nature and gravity of the act allegedly committed by the child, including, without limitation, whether the act involved violence, the infliction of serious bodily injury or the use of a weapon;

(2)

The date the act was allegedly committed by the child;

(3)

The number of times the child has allegedly committed the act;

(4)

The extent to which the child has received counseling, therapy or treatment, and the response of the child to any such counseling, therapy or treatment;

(5)

The extent to which the child has received education, services or treatment relating to remediating, restoring or attaining competence and the response of the child to any such education, services or treatment;

(6)

Whether any psychological or psychiatric profiles of the child indicate a risk of recidivism;

(7)

The behavior of the child while he or she is subject to the jurisdiction of the juvenile court, including, without limitation, during any period of confinement;

(8)

The extent to which counseling, therapy or treatment will be available to the child in the absence of continued juvenile court jurisdiction;

(9)

Any physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness;

(10)

The age, mental attitude, maturity level and emotional stability of the child;

(11)

The extent of family support available to the child;

(12)

Whether the child has had positive psychological and social evaluations; and

(13)

Any other factor the juvenile court deems relevant to the determination of whether continued juvenile court jurisdiction will be conducive to the welfare of the child and the safety of the community.

Source: Section 62D.185 — Periodic review by juvenile court of child determined to be incompetent., https://www.­leg.­state.­nv.­us/NRS/NRS-62D.­html#NRS62DSec185.

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

Feb. 5, 2021

§ 62D.185’s source at nv​.us