1. If the order is denied pursuant to NRS 442.255, the court shall, upon request by the minor if it appears that she is unable to employ counsel, appoint an attorney to represent her in the preparation of a petition, a hearing on the merits of the petition, and on an appeal, if necessary. The compensation and expenses of the attorney are a charge against the county as provided in the following schedule:
(a) For consultation, research and other time reasonably spent on the matter, except court appearances, $20 per hour.
(b) For court appearances, $30 per hour.
2. The petition must set forth the initials of the minor, the age of the minor, the estimated number of weeks elapsed from the probable time of conception, and whether maturity, emancipation, notification detrimental to the minor’s best interests or a combination thereof are relied upon in avoidance of the notification required by NRS 442.255. The petition must be initialed by the minor.
3. A hearing on the merits of the petition, on the record, must be held as soon as possible and within 5 judicial days after the filing of the petition. At the hearing the court shall hear evidence relating to:
(a) The minor’s emotional development, maturity, intellect and understanding;
(b) The minor’s degree of financial independence and degree of emancipation from parental authority;
(c) The minor’s best interests relative to parental involvement in the decision whether to undergo an abortion; and
(d) Any other evidence that the court may find useful in determining whether the minor is entitled to avoid parental notification.
4. In the decree, the court shall, for good cause:
(a) Grant the petition, and give judicial authorization to permit a physician to perform an abortion without the notification required in NRS 442.255; or
(b) Deny the petition, setting forth the grounds on which the petition is denied.
5. An appeal from an order issued under subsection 4 may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, which shall suspend the Nevada Rules of Appellate Procedure pursuant to NRAP 2 to provide for an expedited appeal. The notice of intent to appeal must be given within 1 judicial day after the issuance of the order. The record on appeal must be perfected within 5 judicial days after the filing of the notice of appeal and transmitted to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court. The appellate court of competent jurisdiction shall, by court order or rule, provide for a confidential and expedited appellate review of cases appealed under this section.
(Added to NRS by 1985, 2306; A 2013, 1784)
Structure Nevada Revised Statutes
Chapter 442 - Maternal and Child Health; Abortion
NRS 442.005 - Administration of chapter.
NRS 442.007 - Standards for perinatal care: Regulations of State Board of Health.
NRS 442.009 - Examination of infants: Priority in contracting with laboratory.
NRS 442.016 - Limitations on charge to third party.
NRS 442.020 - Civil penalty; action for enforcement.
NRS 442.030 - "Inflammation of the eyes of the newborn" defined.
NRS 442.050 - Physician or midwife to instill germicide in eyes of newborn baby.
NRS 442.060 - Report of birth to include statement concerning instillation of germicide.
NRS 442.070 - Duties of local health officer.
NRS 442.080 - Duties of Division.
NRS 442.085 - Regulations of State Board of Health.
NRS 442.100 - Interference with treatment by prayer or mental or spiritual means.
NRS 442.110 - Penalty. [Effective through December 31, 2021.] Penalty. [Effective January 1, 2022.]
NRS 442.1196 - Form and contents of application; eligibility.
NRS 442.1198 - Duties of provider of prenatal care who receives subsidy.
NRS 442.120 - Designation of Department.
NRS 442.140 - State plan concerning services for maternal and child health; regulations.
NRS 442.150 - Provisions to be included in state plan.
NRS 442.153 - Testing for amblyopia to be included in state plan.
NRS 442.160 - Duties of Administrator of Division.
NRS 442.170 - Account for Maternal and Child Health Services.
NRS 442.180 - Program of services: Administration; purposes.
NRS 442.190 - State plan for services; regulations.
NRS 442.200 - Provisions to be included in state plan.
NRS 442.210 - Duties of Administrator of Division.
NRS 442.215 - Recovery of costs of corrective treatment from parents by Administrator of Division.
NRS 442.217 - Authorization required before purchased services provided; exception.
NRS 442.220 - Account for Children’s Special Health Care Services.
NRS 442.240 - "Abortion" defined.
NRS 442.252 - Physician to obtain informed consent before performing abortion.
NRS 442.253 - Requirements for informed consent.
NRS 442.257 - Criminal penalty.
NRS 442.260 - Division to adopt regulations governing performance and reporting of abortions.
NRS 442.265 - Hospital to submit monthly report to State Registrar of Vital Statistics.
NRS 442.305 - "Adverse birth outcome" defined.
NRS 442.310 - "Birth defect" defined.
NRS 442.315 - "System" defined.
NRS 442.385 - Development and implementation of program of public education by Division.
NRS 442.415 - Division: Adoption of regulations.
NRS 442.420 - Division: Development and maintenance of system for monitoring syndrome.
NRS 442.510 - "Hearing screening" defined.
NRS 442.520 - "Hospital" defined.
NRS 442.530 - "Provider of hearing screenings" defined.
NRS 442.620 - Rapid test for the human immunodeficiency virus" and "rapid test" defined.
NRS 442.640 - Requirement for testing of pregnant woman for human immunodeficiency virus.
NRS 442.700 - Department to encourage performance of tests; reports of results.
NRS 442.715 - "Account" defined.
NRS 442.720 - "Director" defined.
NRS 442.730 - Gifts, grants and donations.
NRS 442.754 - "Committee" defined.
NRS 442.757 - "Maternal mortality" defined.