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. The juvenile court may order a division facility to accept and provide services to the child consistent with the provisions of NRS 433B.320. As used in this subsection, "division facility" has the meaning ascribed to it in NRS 433B.070.
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.
(Added to NRS by 2015, 2031; A 2021, 2553)
Structure Nevada Revised Statutes
Chapter 62D - Procedure in Juvenile Proceedings
NRS 62D.010 - Manner for conducting proceedings; proceeding open to public; exception.
NRS 62D.020 - Prosecution for same offense in another proceeding prohibited.
NRS 62D.035 - Attorney authorized to consult with and seek appointment of certain professionals.
NRS 62D.110 - Juvenile court to provide certificate of attendance to parent or guardian; contents.
NRS 62D.140 - "Incompetent" defined.
NRS 62D.145 - Suspension of case to determine competence of child.
NRS 62D.150 - Duties of person making motion for evaluation of child.
NRS 62D.160 - Evaluation of child by expert: Required considerations.
NRS 62D.165 - Written report of expert: Contents.
NRS 62D.170 - Expedited hearing to determine competence of child.
NRS 62D.185 - Periodic review by juvenile court of child determined to be incompetent.
NRS 62D.200 - Full faith and credit given to proceedings of Indian tribe.
NRS 62D.310 - Period for final disposition of cases.
NRS 62D.400 - Electronic filing of certain documents.
NRS 62D.415 - Use of instrument of restraint on child during proceeding.