Nevada Revised Statutes
Chapter 62D - Procedure in Juvenile Proceedings
NRS 62D.180 - Determination of competence of child by juvenile court; additional determinations if child determined to be incompetent; issuance of necessary recommendations and orders.


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

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.030 - Advisement of right to representation by attorney; order of appointment and referral of selection of attorney; waiver of right to representation; parent or guardian not responsible for payment of appointed attorney; compensation of appo...

NRS 62D.035 - Attorney authorized to consult with and seek appointment of certain professionals.

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.

NRS 62D.100 - Right to representation by attorney; appointment of attorney under certain circumstances; compensation.

NRS 62D.110 - Juvenile court to provide certificate of attendance to parent or guardian; contents.

NRS 62D.120 - Juvenile court to provide to parents and guardians notice of juvenile proceedings to be held after detention hearing; contents of notice.

NRS 62D.130 - Terminating or threatening to terminate employment of parent or guardian for appearance at proceeding prohibited; penalty; civil remedy.

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.155 - Appointment of one or more experts to evaluate and report on competence of child; qualification and duties of expert.

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.175 - Juvenile court to consider certain information only for certain purposes; exception; statements made by child during evaluation not admissible as evidence in certain circumstances.

NRS 62D.180 - Determination of competence of child by juvenile court; additional determinations if child determined to be incompetent; issuance of necessary recommendations and orders.

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

NRS 62D.190 - Child determined to be incompetent may not be adjudicated delinquent or in need of supervision, placed under supervision of juvenile court or committed to custody of correctional facility during period that child remains incompetent; se...

NRS 62D.200 - Full faith and credit given to proceedings of Indian tribe.

NRS 62D.210 - Procedure when proceedings involve placement into foster care; appointment of attorney.

NRS 62D.300 - Power of juvenile court to expedite proceeding involving act committed against or witnessed by person less than 16 years of age.

NRS 62D.310 - Period for final disposition of cases.

NRS 62D.320 - Continuances.

NRS 62D.400 - Electronic filing of certain documents.

NRS 62D.403 - Issuance of order to join governmental entity or person as party to proceeding to enforce legal obligation to child.

NRS 62D.405 - Interpreters.

NRS 62D.410 - Subpoenas.

NRS 62D.415 - Use of instrument of restraint on child during proceeding.

NRS 62D.420 - Admissible evidence; examination and cross-examination; court access to and use of records relating to custody of child or involvement of child with agency which provides child welfare services.

NRS 62D.430 - Fees allowed for witnesses and other persons acting under order of juvenile court; limitations.

NRS 62D.440 - Disclosure to victim of disposition of case; confidentiality of personal information pertaining to victim or parent or guardian of victim.

NRS 62D.500 - Appeals.