§ 62D.185 — Periodic review by juvenile court of child determined to be incompetent

1. If the juvenile court determines that a child is incompetent pursuant to NRS 62D.180 , the juvenile court shall conduct a periodic review to determine whether the child has attained competence. Unless the juvenile court terminates its jurisdiction pursuant to paragraph (c) of subsection 3, such a periodic review must be conducted:
(a) Not later than 6 months after the date of commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160 or the date treatment ordered by the court commenced, whichever is earlier;
(b) After any period of extended treatment;
(c) After the child completes any treatment ordered by the juvenile court;
(d) After a person ordered by the juvenile court to provide services to the child pursuant to NRS 62D.180 determines that the child has attained competence or will never attain competence; or
(e) At shorter intervals as ordered by the juvenile court.
2. Before a periodic review is conducted pursuant to subsection 1, any person ordered by the juvenile court to provide services to a child pursuant to NRS 62D.180 must provide a written report to the juvenile court, the parties, and the department of juvenile services or Youth Parole Bureau, as applicable.
3. After a periodic review is conducted pursuant to subsection 1, if the juvenile court determines that the child:
(a) Is competent, the juvenile court shall enter an order accordingly and proceed with the case.
(b) Has not attained competence, the juvenile court shall order appropriate treatment, including, without limitation, residential or nonresidential placement in accordance with NRS 62D.140 to 62D.190 , inclusive, commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160 , or as otherwise allowed by law.
(c) Has not attained competence and will be unable to attain competence in the foreseeable future, the juvenile court shall hold a hearing to consider the best interests of the child and the safety of the community and shall issue all necessary and appropriate recommendations and orders. The juvenile court may, without limitation, order a division facility to accept and provide services to the child consistent with the provisions of NRS 433B.320 or determine whether to dismiss any petitions pending before the juvenile court and terminate the jurisdiction of the juvenile court. In determining whether to dismiss a petition and terminate its jurisdiction pursuant to this paragraph, the juvenile court shall consider:
(1) The nature and gravity of the act allegedly committed by the child, including, without limitation, whether the act involved violence, the infliction of serious bodily injury or the use of a weapon;
(2) The date the act was allegedly committed by the child;
(3) The number of times the child has allegedly committed the act;
(4) The extent to which the child has received counseling, therapy or treatment, and the response of the child to any such counseling, therapy or treatment;
(5) The extent to which the child has received education, services or treatment relating to remediating, restoring or attaining competence and the response of the child to any such education, services or treatment;
(6) Whether any psychological or psychiatric profiles of the child indicate a risk of recidivism;
(7) The behavior of the child while he or she is subject to the jurisdiction of the juvenile court, including, without limitation, during any period of confinement;
(8) The extent to which counseling, therapy or treatment will be available to the child in the absence of continued juvenile court jurisdiction;
(9) Any physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness;
(10) The age, mental attitude, maturity level and emotional stability of the child;
(11) The extent of family support available to the child;
(12) Whether the child has had positive psychological and social evaluations; and
(13) Any other factor the juvenile court deems relevant to the determination of whether continued juvenile court jurisdiction will be conducive to the welfare of the child and the safety of the community.
4. As used in this section, “division facility” has the meaning ascribed to it in NRS 433B.070 .

Legislative History

(Added to NRS by 2015, 2031 ; A 2021, 2554 )