Nevada Revised Statutes 62E.620 – Evaluation of child who committed certain acts involving alcohol or controlled substance; program of treatment; treatment provider not liable for acts of child; confidentiality of information; driving under influence…
1. The juvenile court shall order a delinquent child to undergo an evaluation to determine whether the child has an alcohol or substance use disorder if the child committed:
Terms Used In Nevada Revised Statutes 62E.620
- controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to NRS 453. See Nevada Revised Statutes 0.031
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(a) An unlawful act in violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430;
(b) The unlawful act of using, possessing, selling or distributing a controlled substance; or
(c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020.
2. Except as otherwise provided in subsection 3, an evaluation of the child must be conducted by:
(a) A clinical alcohol and drug counselor who is licensed, an alcohol and drug counselor who is licensed or certified, or an alcohol and drug counselor intern or a clinical alcohol and drug counselor intern who is certified, pursuant to chapter 641C of NRS, to make that classification; or
(b) A physician who is certified to make that classification by the Board of Medical Examiners.
3. If the child resides in this State but the nearest location at which an evaluation may be conducted is in another state, the court may allow the evaluation to be conducted in the other state if the person conducting the evaluation:
(a) Possesses qualifications that are substantially similar to the qualifications described in subsection 2;
(b) Holds an appropriate license, certificate or credential issued by a regulatory agency in the other state; and
(c) Is in good standing with the regulatory agency in the other state.
4. The evaluation of the child may be conducted at an evaluation center.
5. The person who conducts the evaluation of the child shall report to the juvenile court the results of the evaluation and make a recommendation to the juvenile court concerning the length and type of treatment required for the child.
6. The juvenile court shall:
(a) Order the child to undergo a program of treatment as recommended by the person who conducts the evaluation of the child.
(b) Require the treatment provider to submit monthly reports on the treatment of the child pursuant to this section.
7. Except as otherwise provided in this subsection, the juvenile court shall not order the child or the parent or guardian of the child to pay any charges relating to the evaluation and treatment of the child pursuant to this section. The juvenile court shall:
(a) To the extent possible, arrange for the child to receive such evaluation and treatment from an approved provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs of such evaluation and treatment.
(b) Arrange for the billing of any available public or private medical insurance to pay for such evaluation and treatment.
(c) Not order the parent or guardian of the child to pay the costs for such evaluation and treatment unless the child receives such evaluation and treatment from a provider that is not approved or the child seeks additional evaluation or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the costs of such evaluation and treatment.
8. After a treatment provider has certified a child’s successful completion of a program of treatment ordered pursuant to this section, the treatment provider is not liable for any damages to person or property caused by a child who:
(a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or
(b) Engages in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct.
9. The provisions of this section do not prohibit the juvenile court from:
(a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the Division of Public and Behavioral Health of the Department of Health and Human Services. The evaluation may be conducted at an evaluation center.
(b) Ordering the child to attend a program of treatment which is administered by a private company.
10. Except as otherwise provided in NRS 239.0115, all information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this title or the juvenile court, must not be disclosed to any person other than:
(a) The juvenile court;
(b) The child;
(c) The attorney for the child, if any;
(d) The parents or guardian of the child;
(e) The district attorney; and
(f) Any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child.
11. A record of any finding that a child has violated the provisions of NRS 484C.110, 484C.120, 484C.130 or 484C.430 must be included in the driver’s record of that child for 7 years after the date of the offense.