Home/Nevada/Statutes/Title 5: JUVENILE JUSTICE/Ch. 62D: Procedure/: DETERMINING COMPETENCE OF CHILD/§ 62D.140
Nevada Statutes

§ 62D.140 — “Incompetent” defined

Nevada·Title 5 JUVENILE JUSTICE·Ch. 62D Procedure· DETERMINING COMPETENCE OF CHILD

As used in NRS 62D.140 to 62D.190, inclusive, unless the context otherwise requires, “incompetent” means a child does not have the present ability to:

1.Understand the nature of the allegations of delinquency or, if the child is a child in need of supervision, the allegations against the child;
2.Understand the nature and purpose of the court proceedings; or
3.Aid and assist the child’s counsel in the defense at any time during the proceedings with a reasonable degree of rational understanding.

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Nevada § 62D.140 (“Incompetent” defined) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In re D.C., Jr.
140 Nev. Adv. Op. No. 25 (Nevada Supreme Court, 2024)

Legislative History

(Added to NRS by 2015, 2028 )

Nearby Sections

15
§ 62D.010
Manner for conducting proceedings; proceeding open to public; exception
§ 62D.020
Prosecution for same offense in another proceeding prohibited
§ 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 appointed attorney
§ 62D.035
Attorney authorized to consult with and seek appointment of certain professionals
§ 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
§ 62D.100
Right to representation by attorney; appointment of attorney under certain circumstances; compensation
§ 62D.110
Juvenile court to provide certificate of attendance to parent or guardian; contents
§ 62D.120
Juvenile court to provide to parents and guardians notice of juvenile proceedings to be held after detention hearing; contents of notice
§ 62D.130
Terminating or threatening to terminate employment of parent or guardian for appearance at proceeding prohibited; penalty; civil remedy
§ 62D.140
“Incompetent” defined
§ 62D.145
Suspension of case to determine competence of child
§ 62D.150
Duties of person making motion for evaluation of child
§ 62D.155
Appointment of one or more experts to evaluate and report on competence of child; qualification and duties of expert
§ 62D.160
Evaluation of child by expert: Required considerations
§ 62D.165
Written report of expert: Contents
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