Nevada Revised Statutes 62C.050 – Release of child alleged to be in need of supervision required within certain period; exceptions
1. Except as otherwise provided in this section, if a child who is alleged to be in need of supervision is taken into custody and detained, the child must be released not later than 24 hours, excluding Saturdays, Sundays and holidays, after the child’s initial contact with a peace officer or probation officer to:
Terms Used In Nevada Revised Statutes 62C.050
- 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Statute: A law passed by a legislature.
(a) A parent or guardian of the child;
(b) Any other person who is able to provide adequate care and supervision for the child; or
(c) Shelter care.
2. A child does not have to be released pursuant to subsection 1 if the juvenile court:
(a) Holds a detention hearing;
(b) Determines that the child:
(1) Has threatened to run away from home or from the shelter;
(2) Is accused of violent behavior at home; or
(3) Is accused of violating the terms of a supervision and consent decree; and
(c) Determines that the child needs to be detained to make an alternative placement for the child. The child may be detained for an additional 24 hours but not more than 48 hours after the detention hearing, excluding Saturdays, Sundays and holidays.
3. A child does not have to be released pursuant to this section if the juvenile court:
(a) Holds a detention hearing; and
(b) Determines that the child:
(1) Is a ward of a federal court or held pursuant to a federal statute;
(2) Has run away from another state and a jurisdiction within that state has issued a want, warrant or request for the child; or
(3) Is accused of violating a valid court order. The child may be detained for an additional period as necessary for the juvenile court to return the child to the jurisdiction from which the child originated or to make an alternative placement for the child.
4. For the purposes of this section, an alternative placement must be in a facility in which there are no physical restraining devices or barriers.