Nevada Revised Statutes 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
1. At the child’s first appearance at intake and before the juvenile court, the child must be:
Terms Used In Nevada Revised Statutes 62D.040
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(a) Advised of his or her rights;
(b) Informed of the specific allegations in the petition; and
(c) Given an opportunity to admit or deny those allegations.
2. If the child denies the allegations in the petition, the juvenile court shall:
(a) Conduct an adjudicatory hearing concerning the allegations; and
(b) Record its findings on whether the allegations have been established.
3. If the child is alleged to be in need of supervision, the allegations in the petition must be established by a preponderance of the evidence based upon competent, material and relevant evidence.
4. If the child is alleged to have committed a delinquent act, the allegations in the petition must be established by proof beyond a reasonable doubt based upon competent, material and relevant evidence.
5. If the juvenile court finds that the allegations in the petition have not been established, the juvenile court shall dismiss the petition and order that the child be discharged from any facility for the detention of children or temporary care, unless otherwise ordered by the juvenile court.
6. If the juvenile court finds that the allegations in the petition have been established, the juvenile court shall make a proper disposition of the case.