Nevada 2019 Regular Session Status: Enacted

AB 439 — Revises provisions relating to juvenile justice. (BDR 5-1093)

Last action — Chapter 322.

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This bill has been enacted into law. Introduced March 25, 2019. Enacted.

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Summary

AN ACT relating to juvenile justice; revising provisions relating to the imposition of certain fees, costs and administrative assessments in juvenile proceedings; enacting provisions relating to the cost of medical care incurred by a child in the custody of certain facilities for the detention of children; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

937 added · 954 removed

937 line(s) added, 954 removed.

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(Reprinted with amendments adopted on May 23, 2019) SECOND REPRINT A.B.
Assembly Bill No.
439 A SSEMBLY B ILLN O.
439–Committee on Judiciary CHAPTER..........
439–C OMMITTEE ON JUDICIARY M ARCH 25, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to juvenile justice.
(BDR 5-1093) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegiExisting law provides that if a child becomes subject to the jurisdiction of the juvenile court and the child receives ancillary services that are administered or financed by a county, the county is entitled to reimbursement from the parent or guardian of the child for all money expended by the county for such services.
Legislative Counsel’s Digest:
Existing law provides that if a child becomes subject to the jurisdiction of the juvenile court and the child receives ancillary services that are administered or financed by a county, the county is entitled to reimbursement from the parent or guardian of the child for all money expended by the county for such services.
(1) to the extent possible, to arrange for the child to receive such services from an approved remainder of the costs of such services;
(1) to the extent possible, to arrange for the child to receive such services from an approved provider that receives a sufficient amount of federal or state funding to offset the available public or private medical insurance to pay for such services;
(2) to arrange for the billing of anyet the available public or private medical insurance to pay for such services;
child to pay the costs of supporting the child if the child is committed to the a custody of a person other than the parent or guardian or to the custody of a public or private institution or agency.
Existing law authorizes the juvenile court to order a parent or guardian of a child to pay the costs of supporting the child if the child is committed to the custody of a person other than the parent or guardian or to the custody of a public or private institution or agency.
(NRS 62B.120) Section 1.7 of this bill eliminates the authority of the juvenile court to order a parent or guardian of a child to pay for such costs.
(NRS 62B.120) Section 1.7 of this bill eliminates such costs.ty of the juvenile court to order a parent or guardian of a child to pay for Existing law provides that if a child is committed to the custody of a regional facility for the treatment and rehabilitation of children, the juvenile court may order the county where the child has a legal residence to pay the expenses incurred for the support of the child in an amount equal to any money paid for that purpose by the Division of Child and Family Services of the Department of Health and Human Services.
Existing law provides that if a child is committed to the custody of a regional facility for the treatment and rehabilitation of children, the juvenile court may order - *AB439_R2* – 2 – the county where the child has a legal residence to pay the expenses incurred for the support of the child in an amount equal to any money paid for that purpose by the Division of Child and Family Services of the Department of Health and Human Services.
(NRS 62B.140) Section 2 of this bill eliminates the authority of the juvenile court to order a parent or guardian of a child to reimburse the county for such costs.
(NRS 62B.140) Section 2 of this bill eliminates the authority of the juvenile court to order a parent or guardian of a child to rExisting law provides that if the juvenile court enters a civil judgment for any payment owed by a child or a parent or guardian of the child, the person or persons against whom the judgment is issued is liable for a collection fee.
payment owed by a child or a parent or guardian of the child, the person or persons against whom the judgment is issued is liable for a collection fee.
Section 1 provides that if the parent or legal guardian of the child has medical insurance for the child or the child is otherwise eligible for Medicaid, then the parent or legal guardian is whether the parent or legal guardian has medical insurance for the child or whether the child is eligible for Medicaid, the parent or legal guardian is responsible for the costs of certain types of medical care received by the child while the child is in the custody of such a facility.
Section 1 provides that child is otherwise eligible for Medicaid, then the parent or legal guardian isld or the required to pay for such medical care.
Existing law provides that if a child is placed under informal supervision, the child may be required to participate in a program of restitution through work or a program of cognitive training and human development.
Section 1 also provides that regardless of - 80th Session (2019) – 2 – whether the parent or legal guardian has medical insurance for the child or whether the child is eligible for Medicaid, the parent or legal guardian is responsible for the costs of certain types of medical care received by the child while the child is in the custody of such a facility.
child may be required to participate in a program of restitution through work or ae program of cognitive training and human development.
(NRS 62C.210) Section 4 of this bill the child must not be ordered to pay such costs;
(NRS 62C.210) Section 4 of this bill provides that, under such circumstances:
and (2) unless the parent ordian of guardian of the child signs a waiver of liability, the program or the entity for which the child performs the work, as applicable, shall provide policies of insurance against liability for personal injury and damage to property or industrial insurance, or both, during those periods in which the child participates in the program or performs work.
(1) the child and the parent or guardian of the child must not be ordered to pay such costs;
and (2) unless the parent or guardian of the child signs a waiver of liability, the program or the entity for which the child performs the work, as applicable, shall provide policies of insurance against liability for personal injury and damage to property or industrial insurance, or both, during those periods in which the child participates in the program or performs work.
If the parent or guardian county for such fees and expenses in accordance with the ability of the parent or guardian to pay.
If the parent or guardian is indigent, the juvenile court may order the parent or guardian to reimburse the county for such fees and expenses in accordance with the ability of the parent or guardian to pay.
(NRS 62D.030) Section 5 of this bill provides that the parent or guardian of a child must not be required to pay the reasonable fees and expenses of an attorney appointed by the juvenile court.
(NRS 62D.030) Section 5 of this bill provides that the parent of an attorney appointed by the juvenile court.pay the reasonable fees and expenses Existing law provides that if the juvenile court orders a child or the parent or guardian of the child, or both, to perform community service, the juvenile court may order the child or the parent or guardian of the child, or both, to pay for the cost of certain insurance during those periods in which the work is performed.
Existing law provides that if the juvenile court orders a child or the parent or guardian of the child, or both, to perform community service, the juvenile court may order the child or the parent or guardian of the child, or both, to pay for the cost of certain insurance during those periods in which the work is performed.
and (2) for which the work is performed must provide policies of insurance against liabilityy for personal injury and damage to property or industrial insurance, or both, during those periods in which the work is performed.
and (2) unless the parent or guardian of the child signs a waiver of liability, the authority for which the work is performed must provide policies of insurance against liability for personal injury and damage to property or industrial insurance, or both, during those periods in which the work is performed.
Existing law provides that if a child is ordered to participate in a program of cognitive training and human development, a program for the arts or a program of - *AB439_R2* – 3 – sports and physical fitness, the juvenile court may order the child or the parent or guardian of the child, or both, to pay the costs of participation in such programs or to work on projects or perform community service.
Existing law provides that if a child is ordered to participate in a program of cognitive training and human development, a program for the arts or a program of sports and physical fitness, the juvenile court may order the child or the parent or guardian of the child, or both, to pay the costs of participation in such programs or to work on projects or perform community service.
(1) eliminates the authority of the juvenile court to order the child or the parent or guardian of the child, or both, to pay such costs or perform such work or community service;
(1) eliminates the authority of the juvenile court to order the child or the community service;
and (2) provides that unless the parent or guardian of the child signs a waiver of liability, the program in which the child participates must provide during those periods in which the child participates in the program.ge to property Existing law provides that if the juvenile court orders that a child be provided with medical, psychiatric, psychological or other care or treatment after the parent or guardian of the child fails to provide such care or treatment, the expense of such care or treatment is a charge upon the county, but the juvenile court may order the person having the duty under law to support the child to pay part or all of the expenses of such care or treatment.
and (2) provides that unless the parent or guardian of the child signs a waiver of liability, the program in which the child participates must provide policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program.
Existing law provides that if the juvenile court orders that a child be provided with medical, psychiatric, psychological or other care or treatment after the parent or guardian of the child fails to provide such care or treatment, the expense of such care or treatment is a charge upon the county, but the juvenile court may order the person having the duty under law to support the child to pay part or all of the expenses of such care or treatment.
(1) to the extent possible, arrange for the child to receive such care or treatment from an approved provider that receives a such care or treatment;
(1) to the extent possible, arrange for the child - 80th Session (2019) – 3 – to receive such care or treatment from an approved provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs of such care or treatment;
and (3) not order the parent or guardian of the child to pay the costs of such care or treatment unless the child receives such care or treatment from a provider that is not approved or the child seeks additional care or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the costs of such care or treatment.
and (3) not order the parent or receives such care or treatment from a provider that is not approved or the child seeks additional care or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the costs of such care or treatment.
Existing law provides that if a child ordered to attend and complete a tobacco awareness and cessation program, the juvenile court may order the child or the parent or guardian of the child, or both, to pay the reasonable cost for the child to of the juvenile court to order the child or the parent or guardian of the child to pay such costs.
Existing law provides that if a child ordered to attend and complete a tobacco awareness and cessation program, the juvenile court may order the child or the parent or guardian of the child, or both, to pay the reasonable cost for the child to attend the program.
(NRS 62E.440) Section 11 of this bill eliminates the authority of the juvenile court to order the child or the parent or guardian of the child to pay such costs.
(2) eliminates the authority of the juvenile court to order the child or guardian of the child signs a waiver of liability, the program or the entity for which the child performs the work, as applicable, must provide policies of insurance against liability for personal injury and damage to property or industrial insurance, or both, during those periods in which the child participates in the program or performs work.
(2) eliminates the authority of the juvenile court to order the child to perform such work or community service;
and (3) provides that unless the parent which the child performs the work, as applicable, must provide policies ofntity for insurance against liability for personal injury and damage to property or industrial insurance, or both, during those periods in which the child participates in the program or performs work.
(1) shall, to the 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;
(1) shall, 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;
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and (3) shall not order the child or the parent or guardian of the child to pay such charges unless the child receives such evaluation and - *AB439_R2* – 4 – 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 charges for such evaluation and treatment.
and (3) shall not order the child or the parent or guardian of the child to pay such charges 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 treatment.guardian of the child shall pay the charges for such evaluation and Existing law provides that if a child is adjudicated delinquent for an unlawful act that involves cruelty to or torture of an animal, the juvenile court is required to order the child to participate in counseling or other psychological treatment and the child or the parent or guardian of the child, or both, to pay the cost of the child to participate in the counseling or other psychological treatment.
Existing law provides that if a child is adjudicated delinquent for an unlawful order the child to participate in counseling or other psychological treatment and theto child or the parent or guardian of the child, or both, to pay the cost of the child to participate in the counseling or other psychological treatment.
(2) shall arrange for the billing of any available public or private medical insurance to pay for such of the child to pay such costs unless the child receives such counseling or treatment from a provider that is not approved or the child seeks additional counseling or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the costs of such counseling or treatment.
(2) shall arrange for the billing of any available public or private medical insurance to pay for such counseling or treatment;
Existing law provides that if the juvenile court orders a child to participate in a program of visitation to the office of the county coroner, the juvenile court may order the child, or the parent or guardian of the child, or both, to pay a fee of not more than $45 based on the ability of the child or the parent or guardian of the the program of visitation.
and (3) shall not order the child or the parent or guardian - 80th Session (2019) – 4 – of the child to pay such costs unless the child receives such counseling or treatment from a provider that is not approved or the child seeks additional counseling or guardian of the child shall pay the costs of such counseling or treatment.or Existing law provides that if the juvenile court orders a child to participate in a program of visitation to the office of the county coroner, the juvenile court may order the child, or the parent or guardian of the child, or both, to pay a fee of not more than $45 based on the ability of the child or the parent or guardian of the child, or both, to pay for the costs associated with the participation of the child in court shall not order the child or the parent or guardian of the child to pay such costs.
(NRS 62E.720) Section 17 of this bill provides that thed in court shall not order the child or the parent or guardian of the child to pay such costs.
and (2) authorizes the juvenile court to order a parent or guardian of a child to pay expenses of juvenile proceedings and costs of support of a child committed to the custody of the Division of Child and Family Services.
and (2) authorizes the juvenile court to order a parent or guardian of a child to pay expenses of juvenile proceedings and costs of support of a child committed to the 62E.300, 62E.540) Existing law also authorizes a juvenile court who commits a child to a state facility for the detention of children to require the parents or guardian of the child to pay, in whole or in part, for the support of the child while the child is in the custody of the state facility.
(NRS 62B.130, 62E.270, child to a state facility for the detention of children to require the parents or guardian of the child to pay, in whole or in part, for the support of the child while the child is in the custody of the state facility.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB439_R2* – 5 – (a) The parent or legal guardian of the child does not have medical insurance for the child or the child is not otherwise eligible for medical assistance under Medicaid;
(a) The parent or legal guardian of the child does not have medical insurance for the child or the child is not otherwise eligible for medical assistance under Medicaid;
or (3) A medical examination required by law or court order, unless the court order otherwise provides that the cost must be paid from a source other than the county.
or - 80th Session (2019) – 5 – (3) A medical examination required by law or court order, unless the court order otherwise provides that the cost must be paid from a source other than the county.
Regardless of whether the parent or legal guardian of the child has medical insurance for the child or whether the child is otherwise eligible for medical assistance under Medicaid, the parent or guardian, as applicable, shall pay for the costs of the medical care for the child if such care is required for:
Regardless of whether the parent or legal guardian of the otherwise eligible for medical assistance under Medicaid, thed is parent or guardian, as applicable, shall pay for the costs of the medical care for the child if such care is required for:
(a) Injuries incurred by the child during the violation of any force of law;l law, ordinance, or rule or regulation having the (b) Injuries incurred by the child during or pursuant to being tak(c) Injuries or illnesses which existed before the child was taken into the custody of the facility;
(a) Injuries incurred by the child during the violation of any state or local law, ordinance, or rule or regulation having the force of law;
(b) Injuries incurred by the child during or pursuant to being taken into custody;
(c) Injuries or illnesses which existed before the child was taken into the custody of the facility;
If] Except as otherwise provided in section 1 of this act, if a child becomes subject to the jurisdiction of the juvenile court and the child receives ancillary services that are administered or financed by a county, including, but not limited to, transportation or psychiatric, psychological or medical services, the [county is entitled to reimbursement from the parent or guardian of the child for all money expended by the county for such services.
If] Except as otherwise provided in section 1 of this act, if a child becomes subject to the jurisdiction of the juvenile court and the child receives ancillary services that are administered or psychiatric, psychological or medical services, the [county isation entitled to reimbursement from the parent or guardian of the child for all money expended by the county for such services.
- *AB439_R2* – 6 – (a) The board of county commissioners may adopt a sliding scale based on the ability of the parent or guardian to pay;
(a) The board of county commissioners may adopt a sliding scale based on the ability of the parent or guardian to pay;
If the parent or guardian of the child fails or refuses to reimburse the county, the board of county commissioners may recover from the parent or guardian, by appropriate legal action, all money due plus interest thereon at the rate of 7 percent per annum commencing 30 days after an itemized statement of all money due is submitted to the parent or guardian.] juvenile court shall:
If the parent or guardian of the child fails or refuses to reimburse the county, the board of county commissioners may recover from the parent or guardian, by appropriate legal action, all - 80th Session (2019) – 6 – money due plus interest thereon at the rate of 7 percent per annum commencing 30 days after an itemized statement of all money due is submitted to the parent or guardian.] juvenile court shall:
3.
the county for the costs of such services unless the child receives such services from a provider that is not approved or the child seeks additional services beyond those recommended for the child, in which case the parent or guardian of the child shall pay the costs of such services.
Not order the parent or guardian of the child to reimburse the county for the costs of such services unless the child receives such services from a provider that is not approved or the child seeks additional services beyond those recommended for the child, in which case the parent or guardian of the child shall pay the costs of such services.
Sec.
1.7.
NRS 62B.120 is hereby amended to read as follows:
Except as otherwise provided in this chapter, if] If the juvenile court commits a child to the custody of a person who or private institution or agency, and no provision is otherwise madeblic by law for the support of the child, the expenses incurred for the support of the child while in such custody, if approved by an order of the juvenile court, are a charge upon the county where the child has a legal residence.
Except as otherwise provided in this chapter, if] If the juvenile court commits a child to the custody of a person who is not the parent or guardian of the child or to the custody of a public or private institution or agency, and no provision is otherwise made by law for the support of the child, the expenses incurred for the support of the child while in such custody, if approved by an order of the juvenile court, are a charge upon the county where the child has a legal residence.
Notwithstanding any other statute providing for the support of such a child, after the parent or guardian of the child has been given notice and a reasonable opportunity to be heard, the juvenile court may order the parent or guardian to pay, in such a manner as the juvenile court may direct and within the ability of the parent or guardian to pay, money to cover in whole or in part the support of the child.
Notwithstanding any other statute providing for the support of such a child, after the parent or guardian of the child has been given notice and a reasonable opportunity to be heard, the juvenile court may order the parent or guardian to pay, in such a manner as the juvenile court may direct and within the ability of the parent or the child.o pay, money to cover in whole or in part the support of 3.
3.
If the juvenile court orders the parent or guardian of the child to pay for the support of the child pursuant to this section, the money must be paid to the superintendent of the county school - *AB439_R2* – 7 – district or fiscal officer of the institution to which the child is committed, or the chief administrative officer of the agency to whom the child is committed.] Sec.
If the juvenile court orders the parent or guardian of the child to pay for the support of the child pursuant to this section, the money must be paid to the superintendent of the county school district or fiscal officer of the institution to which the child is committed, or the chief administrative officer of the agency to whom the child is committed.] Sec.
Except as otherwise provided in this [subsection,] chapter, if a child is committed to the custody of a regional facility for the treatment and rehabilitation of children, the juvenile court may order the county where the child has a legal residence to pay the expenses incurred for the support of the child in an amount equal to any money paid for that purpose by the Division of Child and Family Services.
Except as otherwise provided in this [subsection,] chapter, if a child is committed to the custody of a regional facility - 80th Session (2019) – 7 – for the treatment and rehabilitation of children, the juvenile court may order the county where the child has a legal residence to pay the expenses incurred for the support of the child in an amount equal to any money paid for that purpose by the Division of Child and Family Services.
3.] This section does not prohibit the juvenile court from providing for the support of the child in any other manner authorized by law.
providing for the support of the child in any other mannerrom authorized by law.
Except as otherwise provided in this subsection, if, pursuant to this title, a child or a parent or guardian of a child is ordered by the juvenile court to pay a fine [, administrative assessment, fee] or restitution or to make any other payment and the or any part of it remains unpaid after the time established by thent juvenile court for its payment, the juvenile court may enter a civil the amount due in favor of the victim, the state or local entity toor whom the amount is owed or both.
Except as otherwise provided in this subsection, if, pursuant to this title, a child or a parent or guardian of a child is ordered by the juvenile court to pay a fine [, administrative assessment, fee] or restitution or to make any other payment and the fine, [administrative assessment, fee,] restitution or other payment or any part of it remains unpaid after the time established by the juvenile court for its payment, the juvenile court may enter a civil judgment against the child or the parent or guardian of the child for the amount due in favor of the victim, the state or local entity to whom the amount is owed or both.
2.
juvenile court pursuant to NRS 62B.410 or the termination of anyhe period of supervision or probation ordered by the juvenile court, the juvenile court retains jurisdiction over any civil judgment entered pursuant to subsection 1 and retains jurisdiction over the person against whom a civil judgment is entered pursuant to subsection 1.
Notwithstanding the termination of the jurisdiction of the juvenile court pursuant to NRS 62B.410 or the termination of any period of supervision or probation ordered by the juvenile court, the juvenile court retains jurisdiction over any civil judgment entered pursuant to subsection 1 and retains jurisdiction over the person against whom a civil judgment is entered pursuant to subsection 1.
A civil judgment entered pursuant to subsection 1 may be enforced and renewed in the manner provided by law for the - *AB439_R2* – 8 – enforcement and renewal of a judgment for money rendered in a civil action.
A civil judgment entered pursuant to subsection 1 may be enforced and renewed in the manner provided by law for the enforcement and renewal of a judgment for money rendered in a civil action.
An independent action to enforce a judgment that requires a parent or guardian of a child to pay restitution may be commenced at any time.
An independent action to enforce a judgment that requires - 80th Session (2019) – 8 – a parent or guardian of a child to pay restitution may be commenced at any time.
(b) Not more than $500, if the amount of the judgment is $2,000 or greater, but is less than $5,000.
(b) Not more than $500, if the amount of the judgment is $2,000 or (c) Ten percent of the amount of the judgment, if the amount of the judgment is $5,000 or greater.
(c) Ten percent of the amount of the judgment, if the amount of the judgment is $5,000 or greater.
(a) Except as otherwise provided in this paragraph, report the judgment to reporting agencies that assemble or evaluate person who was less than 21 years of age at the time the judgmentt a was entered, the judgment cannot be reported pursuant to this par(b) Request that the juvenile court take appropriate action pursuant to subsection [6.] 5.
(a) Except as otherwise provided in this paragraph, report the judgment to reporting agencies that assemble or evaluate information concerning credit.
If the judgment was entered against a person who was less than 21 years of age at the time the judgment was entered, the judgment cannot be reported pursuant to this paragraph until the person reaches 21 years of age.
(b) Request that the juvenile court take appropriate action pursuant to subsection [6.] 5.
The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed pursuant to subsection 4, in accordance with the provisions of the contract.
The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed contract.to subsection 4, in accordance with the provisions of the 6.] 5.
6.] 5.
At the time the juvenile court issues an - *AB439_R2* – 9 – order suspending the driver’s license of a child pursuant to this paragraph, the juvenile court shall require the child to surrender to the juvenile court all driver’s licenses then held by the child.
At the time the juvenile court issues an order suspending the driver’s license of a child pursuant to this paragraph, the juvenile court shall require the child to surrender to - 80th Session (2019) – 9 – the juvenile court all driver’s licenses then held by the child.
(b) If a child does not possess a driver’s license, prohibit the child from applying for a driver’s license for a period not to exceed 1 year.
(b) If a child does not possess a driver’s license, prohibit the year.
(c) If the civil judgment was issued for a delinquent fine , [or administrative assessment,] order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176(d) Enter a finding of contempt against a child or the parent or guardian of a child and punish the child or the parent or guardian for indigent may not be punished for contempt pursuant to thisho is [subsection.
(c) If the civil judgment was issued for a delinquent fine , [or administrative assessment,] order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.
(d) Enter a finding of contempt against a child or the parent or guardian of a child and punish the child or the parent or guardian for contempt in the manner provided in NRS 62E.040.
A person who is indigent may not be punished for contempt pursuant to this [subsection.
Money collected from a collection fee imposed pursuant to subsection 4 must be deposited and used in the manner set forth in subsection 4 of NRS 176.064.] paragraph.
Money collected from a collection fee imposed pursuant to subsection 4 must be deposited and used in the manner set forth in subSec.
Sec.
NRS 62C.210 is hereby amended to read as follows:
4 NRS 62C.210 is hereby amended to read as follows:
(2) Has never been found to be within the purview of this title for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have - *AB439_R2* – 10 – committed such an unlawful act in any other jurisdiction, unless the probation officer determines that the child would benefit from the program;
(2) Has never been found to be within the purview of this title for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have - 80th Session (2019) – 10 – committed such an unlawful act in any other jurisdiction, unless the probation officer determines that the child would benefit from the program;
(1) The child has never been found to be within the purview of this title;
(1) The child has never been found to be within the purview of this(2) The unlawful act for which the child is found to be within the purview of this title did not involve the use or threatened use of force or violence against a victim;
and (2) The unlawful act for which the child is found to be within the purview of this title did not involve the use or threatened use of force or violence against a victim;
[, includ(1) A reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to program or performs work;
[, including, but not limited to:
and in which the child participates in the (2) In the case of a program of restitution through work, for industrial insurance, unless the industrial insurance is provided by the employer for which the child performs the work;
(1) A reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program or performs work;
or (b) The child to work on projects or perform community service for a period that reflects the costs associated with the participation of the child in the program.] Unless the parent or guardian of the child signs a waiver of liability, the program or the entity for which the child performs the work, as applicable, shall provide policies of insurance against liability for personal injury and damage to property or industrial insurance, or both, during those periods in which the child participates in the program or performs work.
and (2) In the case of a program of restitution through work, for the employer for which the child performs the work;
oris provided by (b) The child to work on projects or perform community service for a period that reflects the costs associated with the participation of the child in the program.] Unless the parent or guardian of the child signs a waiver of liability, the program or the entity for which the child performs the work, as applicable, shall provide policies of insurance against liability for personal injury and damage to property or industrial insurance, or both, during those periods in which the child participates in the program or performs work.
If a child is alleged to be delinquent or in need of supervision, the juvenile court shall advise the child and the parent or guardian of the child that the child is entitled to be represented by an attorney at all stages of the proceedings.
If a child is alleged to be delinquent or in need of supervision, the juvenile court shall advise the child and the parent - 80th Session (2019) – 11 – or guardian of the child that the child is entitled to be represented by an attorney at all stages of the proceedings.
- *AB439_R2* – 11 – 2.
2.
4.
if:4.
A child may waive the right to be represented by an attorney if:
A child may waive the right to be represented by an attorney (a) A petition is not filed and the child is placed under informal supervision pursuant to NRS 62C.200;
(a) A petition is not filed and the child is placed under informal supervision pursuant to NRS 62C.200;
[(b) The parent or guardian of the child is indigent, the juvenile court may order the parent or guardian to reimburse the county or Sta6.
[(b) The parent or guardian of the child is indigent, the juvenile court may order the parent or guardian to reimburse the county or State in accordance with the ability of the parent or guardian to pay.
inFor the purposes of paragraph (b) of subsection 5, the to pay.
6.
juvenile court shall find that the parent or guardian of the child is ind(a) The parent or guardian:
For the purposes of paragraph (b) of subsection 5, the juvenile court shall find that the parent or guardian of the child is indigent if:
(1) Receives public assistance, as that term is defined in NRS 422A.065;
(a) (1) Receives public assistance, as that term is defined in NRS 422A.065;
or (b) After considering the particular circumstances of the parent or guardian, including, without limitation, the seriousness of the charges against the child, the monthly expenses of the parent or guardian and the rates for attorneys in the area in which the juvenile court is located, the juvenile court determines that the parent or guardian is financially unable, without substantial hardship to the parent or guardian or his or her dependents, to obtain qualified and competent legal counsel.
or (b) After considering the particular circumstances of the parent or guardian, including, without limitation, the seriousness of the charges against the child, the monthly expenses of the parent or guardian and the rates for attorneys in the area in which the juvenile - 80th Session (2019) – 12 – court is located, the juvenile court determines that the parent or guardian is financially unable, without substantial hardship to the parent or guardian or his or her dependents, to obtain qualified and competent legal counsel.
- *AB439_R2* – 12 – 7.] 6.
7.] 6.
Sec.
62D.035 NSubject to the provisions of subsection [7] 6 of NRS 62D.030 and chapter 260 of NRS, a public defender or any other attorney who represents a child in proceedings pursuant to the provisions of this title may consult with and seek appointment of:
6.
NRS 62D.035 is hereby amended to read as follows:
62D.035 Subject to the provisions of subsection [7] 6 of NRS 62D.030 and chapter 260 of NRS, a public defender or any other attorney who represents a child in proceedings pursuant to the provisions of this title may consult with and seek appointment of:
If the juvenile court orders a child or the parent or guardian of the child, or both, to perform community service pursuant to the provisions of this title, [the juvenile court may order the child or] unless the parent or guardian of the child [, or both, to deposit with signs a waiver of liability, the authority for which the work is of] performed shall provide a policy [for] of insurance against liability insurance, or both, during those periods in which the work isl performed .
If the juvenile court orders a child or the parent or guardian of the child, or both, to perform community service pursuant to the provisions of this title, [the juvenile court may order the child or] unless the parent or guardian of the child [, or both, to deposit with the juvenile court a reasonable sum of money to pay for the cost of] signs a waiver of liability, the authority for which the work is for personal injury and damage to property or [for] industrialability insurance, or both, during those periods in which the work is performed .
(c) A program of sports or physical fitness as described in NRS 62E.240.
- 80th Session (2019) – 13 – (c) A program of sports or physical fitness as described in NRS 62E.240.
If the juvenile court orders the child to participate in a program of cognitive training and human development, a program for the arts or a program of sports or physical fitness, the juvenile - *AB439_R2* – 13 – court may order [any or all of the following, in the following order of priority if practicable:
If the juvenile court orders the child to participate in a program of cognitive training and human development, a program for the arts or a program of sports or physical fitness, the juvenile court may order [any or all of the following, in the following order of priority if practicable:
(a) The child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;
(a) The child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay the costs associated with limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;
(a) Order such medical, psychiatric, psychological or other care best interests of the child;
(a) Order such medical, psychiatric, psychological or other care and treatment for a child as the juvenile court deems to be in the bes(b) Cause the child to be examined by a physician, psychiatrist, psychologist or other qualified person.
and juvenile court deems to be in the (b) Cause the child to be examined by a physician, psychiatrist, psy2.oloIf the child appears to be in need of medical, psychiatric, psychological or other care or treatment:
2.
If the child appears to be in need of medical, psychiatric, psychological or other care or treatment:
[, but the juvenile court may order the person having the duty under the law to support the child to pay part or all of the expenses of such care or treatment.] 3.
[, but the juvenile court may order the person having the duty under the law to support the child to pay part or all of the expenses of such care or treatment.] - 80th Session (2019) – 14 – 3.
- *AB439_R2* – 14 – (c) Not order the parent or guardian of the child to pay the costs of such care or treatment unless the child receives such care or treatment from a provider that is not approved or the child seeks additional care or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the costs of such care or treatment.
(c) Not order the parent or guardian of the child to pay the costs of such care or treatment unless the child receives such care seeks additional care or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the costs of such care or treatment.
and (2) If the child is 14 years of age or older, order the suspension of the driver’s license of the child for at least 30 days but not more than 6 months.
and (2) If the child is 14 years of age or older, order the suspension of the driver’s license of the child for at least 30 days but license, the juvenile court shall prohibit the child from applying for a driver’s license for 30 days:
If the child does not possess a driver’s a driver’s license for 30 days:ll prohibit the child from applying for (I) Immediately following the date of the order if the child is eligibl(II) After the date the child becomes eligible to apply for a driver’s license if the child is not eligible to apply for a driver’s license.
(I) Immediately following the date of the order if the child is eligible to apply for a driver’s license;
or (II) After the date the child becomes eligible to apply for a driver’s license if the child is not eligible to apply for a driver’s license.
(I) The child to pay a fine of not more than $200 [and the administrative assessment required by NRS 62E.270] or , if the parent or guardian of the child knowingly induced the child to be a habitual truant, order the parent or guardian to pay the fine ;
(I) The child to pay a fine of not more than $200 [and the administrative assessment required by NRS 62E.270] or , if the parent or guardian of the child knowingly induced the child to be a - 80th Session (2019) – 15 – habitual truant, order the parent or guardian to pay the fine ;
If the child does not possess a driver’s license, - *AB439_R2* – 15 – the juvenile court shall prohibit the child from applying for a driver’s license for 60 days:
If the child does not possess a driver’s license, driver’s license for 60 days:ibit the child from applying for a (I) Immediately following the date of the order if the child is eligible to apply for a driver’s license;
(I) Immediately following the date of the order if the child is eligible to apply for a driver’s license;
The community service ordered pursuant to this section must be performed at the child’s school of attendance, if practicable.
The community service ordered pursuant to this section must be Sec.
Sec.
NRS 62E.440 is hereby amended to read as follows:
NRS 62E.440 is hereby amended to read as follows:ble.
If a child is adjudicated to be in need of tobacco, the juvenile court may:s committed an offense related to (a) The first time the child is adjudicated to be in need of tobacco, order the child to:d has committed an offense related to (1) Pay a fine of $25;
If a child is adjudicated to be in need of supervision because the child has committed an offense related to tobacco, the juvenile court may:
(a) The first time the child is adjudicated to be in need of supervision because the child has committed an offense related to tobacco, order the child to:
(1) Pay a fine of $25;
(1) Pay a fine of $50;
- 80th Session (2019) – 16 – (1) Pay a fine of $50;
and (3) That the driver’s license of the child be suspended for at least 30 days but not more than 90 days or, if the child does not - *AB439_R2* – 16 – possess a driver’s license, prohibit the child from receiving a driver’s license for at least 30 days but not more than 90 days:
and least 30 days but not more than 90 days or, if the child does notr at possess a driver’s license, prohibit the child from receiving a driver’s license for at least 30 days but not more than 90 days:
4.] If the juvenile court orders a child to pay a fine [and administrative assessment] pursuant to this section and the child willfully fails to pay the fine , [or administrative assessment,] the juvenile court may order that the driver’s license of the child be suspended for at least 30 days but not more than 90 days or, if the child does not possess a driver’s license, prohibit the child from receiving a driver’s license for at least 30 days but not more than 90 days:
4.] If the juvenile court orders a child to pay a fine [and administrative assessment] pursuant to this section and the child willfully fails to pay the fine , [or administrative assessment,] the juvenile court may order that the driver’s license of the child be child does not possess a driver’s license, prohibit the child frome receiving a driver’s license for at least 30 days but not more than 90 days:
(a) Immediately following the date of the order, if the child is eli(b) After the date the child becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the If the child is already the subject of a court order suspending or delaying the issuance of the driver’s license of the child, the juvenile court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.
(a) Immediately following the date of the order, if the child is eligible to receive a driver’s license.
[5.] 3.
(b) After the date the child becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.
 If the child is already the subject of a court order suspending or delaying the issuance of the driver’s license of the child, the juvenile court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.
- 80th Session (2019) – 17 – [5.] 3.
or (c) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.
or (c) To acquire supplies of medicine or food or receive regularly her immediate family.e for himself, herself or a member of his or Sec.
- *AB439_R2* – 17 – Sec.
(a) The] must not order the child or the parent or guardian of the child [, or both, to the extent of their financial ability,] to pay the costs associated with the participation of the child in the program .
(a) The] must not order the child or the parent or guardian of the child [, or both, to the extent of their financial ability,] to pay the including, but not limited to, a reasonable sum of money to pay for .
[, including, but not limited to, a reasonable sum of money to pay for the cost of] Unless the parent or guardian of the child signs a waiver of liability, the program or the entity for which the child performs the work, as applicable, shall provide policies of property or [for] industrial insurance, or both, during those periods in which the child participates in the program or performs work .
[, the cost of] Unless the parent or guardian of the child signs a waiver of liability, the program or the entity for which the child performs the work, as applicable, shall provide policies of insurance against liability for personal injury and damage to property or [for] industrial insurance, or both, during those periods in which the child participates in the program or performs work .
[, employer for which the child performs the work;
[, unless, in the case of industrial insurance, it is provided by the employer for which the child performs the work;
or provided by the (b) The child to work on projects or perform community service for a period that reflects the costs associated with the participation of the child in the program.] Sec.
or (b) The child to work on projects or perform community service for a period that reflects the costs associated with the participation of the child in the program.] - 80th Session (2019) – 18 – Sec.
or (c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020.
or (c) The unlawful act of purchasing, consuming or possessing an alc2.oliExcept as otherwise provided in subsection 3, an evaluation of the child must be conducted by:
2.
(a) A clinical alcohol and drug abuse counselor who is licensed, an alcohol and drug abuse counselor who is licensed or certified, or an alcohol and drug abuse counselor intern or a clinical alcohol and drug abuse counselor intern who is certified, pursuant to chapter 641C of NRS, to make that classification;
Except as otherwise provided in subsection 3, an evaluation of the child must be conducted by:
(a) A clinical alcohol and drug abuse counselor who is licensed, an alcohol and drug abuse counselor who is licensed or certified, or - *AB439_R2* – 18 – an alcohol and drug abuse counselor intern or a clinical alcohol and drug abuse counselor intern who is certified, pursuant to chapter 641C of NRS, to make that classification;
4.
evaluation center.on of the child may be conducted at an 5.
The evaluation of the child may be conducted at an evaluation center.
5.
(a) Order the child to undergo a program of treatment as child.ended by the person who conducts the evaluation of the (b) Require the treatment provider to submit monthly reports on the[(c) Order]of the child pursuant to this section.
(a) Order the child to undergo a program of treatment as recommended by the person who conducts the evaluation of the child.
7.
(b) Require the treatment provider to submit monthly reports on the treatment of the child pursuant to this section.
[(c) Order] - 80th Session (2019) – 19 – 7.
(1) The juvenile court shall, to the extent possible, arrange for the child to receive treatment from a treatment provider which receives a sufficient amount of federal or state money to offset the remainder of the costs;
(1) The juvenile court shall, to the extent possible, arrange for the child to receive treatment from a treatment provider which remainder of the costs;
and (2) The juvenile court may order the child, in lieu of paying the charges relating to the child’s evaluation and treatment, to perform community service.
andt of federal or state money to offset the (2) The juvenile court may order the child, in lieu of paying the charges relating to the child’s evaluation and treatment, to perform community service.
(a) To the extent possible, arrange for the child to receive such evaluation and treatment from an approved provider that receives - *AB439_R2* – 19 – a sufficient amount of federal or state funding to offset the remainder of the costs of such evaluation and treatment.
(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.
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:
After a treatment provider has certified a child’s successful section, the treatment provider is not liable for any damages to person or property caused by a child who:
The provisions of this section do not prohibit the juv(a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of Health and Human Services.
The provisions of this section do not prohibit the juvenile court from:
The evaluation may be conducted att an evaluation center.
(a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards - 80th Session (2019) – 20 – 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.
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:
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(a) The juvenile court;rson other than:
(a) The juvenile court;
- *AB439_R2* – 20 – [10.] 11.
[10.] 11.
[The] Except as otherwise provided in this subsection, the juvenile court shall not order the child or the parent or guardian of the child [, or both, to the extent of their financial ability,] to pay the cost of the child to participate in the counseling or other psychological treatment.
[The] Except as otherwise provided in this subsection, the the child [, or both, to the extent of their financial ability,] to pay the cost of the child to participate in the counseling or other psychological treatment.
(c) Not order the parent or guardian of the child to pay the costs of such counseling or treatment unless the child receives or the child seeks additional counseling or treatment beyond that recommended for the child, in which case the parent or guardian of 3.e cAs used in this section:
(c) Not order the parent or guardian of the child to pay the costs of such counseling or treatment unless the child receives such counseling or treatment from a provider that is not approved or the child seeks additional counseling or treatment beyond that - 80th Session (2019) – 21 – recommended for the child, in which case the parent or guardian of the child shall pay the costs of such counseling or treatment.
of such counseling or treatment.
3.
As used in this section:
62E.685 If a child is adjudicated delinquent for an unlawful act involving the killing or possession of certain animals in violation of NRS 501.376, the juvenile court may do any or all of the following:
involving the killing or possession of certain animals in violation oft NRS 501.376, the juvenile court may do any or all of the following:
- *AB439_R2* – 21 – 3.
3.
Order that any license issued to the child pursuant to chapter 502 of NRS be revoked by the Department of Wildlife.
Order that any license issued to the child pursuant to chapter of NRS be revoked by the Department of Wildlife.
5.
conditions as the juvenile court deems proper.d impose such Sec.
Order the child placed on probation and impose such conditions as the juvenile court deems proper.
Sec.
The juvenile court may establish a program of visitation to the office of the county coroner in cooperation with the coroner of the4.ounBefore a delinquent child may participate in a program of visitation, the parent or guardian of the child must provide to the juv(a) Written consent for the child to participate in the program of visitation;
The juvenile court may establish a program of visitation to the office of the county coroner in cooperation with the coroner of the county pursuant to this section.
- 80th Session (2019) – 22 – 4.
Before a delinquent child may participate in a program of visitation, the parent or guardian of the child must provide to the juvenile court on a form provided by the juvenile court:
(a) Written consent for the child to participate in the program of visitation;
6.
parent or guardian of the child [, or both,] to pay [a fee of not more than $45 based on the ability of the child or the parent or guardian of the child, or both, to pay] for the costs associated with the participation of the child in the program of visitation.
The juvenile court [may] shall not order the child [,] or the parent or guardian of the child [, or both,] to pay [a fee of not more - *AB439_R2* – 22 – than $45 based on the ability of the child or the parent or guardian of the child, or both, to pay] for the costs associated with the participation of the child in the program of visitation.
NRS 62B.130, 62E.270, 62E.300, 62E.540 and 63.Sec.
NRS 62B.130, 62E.270, 62E.300, 62E.540 and 63.430 are hereby repealed.
Sec.
LEADLINES OF REPEALED SECTIONS 62B.130 Parent or guardian to reimburse county for support of child during detention in local facility for detention of children;
~~~~~ 19 - 80th Session (2019)
civil remedy.
is imposed against certain persons.t to be ordered when fine 62E.300 Payment of expenses of proceedings by parent or guardian.
62E.540 Commitment of child to Division of Child and Family Services:
Payment of expenses by parent or guardian.
63.430 Parent or guardian may be ordered to pay for support of child.
H - *AB439_R2*
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Amendments

2 amendments

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Action History

  1. Chapter 322.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Senate Amendment No. 773 concurred in. To enrollment.

  5. In Assembly.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 773.) To printer.

  8. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 40, Nays: None, Excused: 2.) To Senate.

  10. Notice of eligibility for exemption. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 402.) To printer.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

  • Assembly Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare
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Frequently asked questions

What does AB 439 do?
AN ACT relating to juvenile justice; revising provisions relating to the imposition of certain fees, costs and administrative assessments in juvenile proceedings; enacting provisions relating to the cost of medical care incurred by a child in the custody of certain facilities for the detention of children; and providing other matters properly relating thereto.
Who sponsors AB 439?
AB 439 is sponsored by Assembly Committee on Judiciary.
What is the current status of AB 439?
This bill has been enacted into law. Introduced March 25, 2019. Enacted.
Where can I track AB 439?
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