Nevada Revised Statutes 62H.025 – Confidentiality of juvenile justice information; release in certain circumstances; penalty for unlawful use
1. Juvenile justice information is confidential and may only be released in accordance with the provisions of this section or as expressly authorized by other federal or state law.
Attorney's Note
Under the Nevada Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| gross misdemeanor | up to 364 days | up to $2,000 |
Terms Used In Nevada Revised Statutes 62H.025
- 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.
2. For the purpose of ensuring the safety, permanent placement, rehabilitation, educational success and well-being of a child or the safety of the public, a juvenile justice agency may release juvenile justice information to:
(a) A director of juvenile services or his or her designee;
(b) The Chief of the Youth Parole Bureau or his or her designee;
(c) The Chief Parole and Probation Officer or his or her designee;
(d) The Director of the Department of Corrections or his or her designee;
(e) A district attorney or his or her designee;
(f) An attorney representing the child;
(g) The director, chief or sheriff of a state or local law enforcement agency or his or her designee;
(h) The director of a state or local agency which administers juvenile justice or his or her designee;
(i) A director of a state or local facility for the detention of children or regional facility for the treatment and rehabilitation of children or his or her designee;
(j) The director of an agency which provides child welfare services or his or her designee;
(k) The director of an agency which provides mental health services or his or her designee;
(l) A guardian ad litem or court appointed special advocate who represents the child;
(m) A parent or guardian of the child;
(n) The child to whom the juvenile justice information pertains if the child has reached the age of majority, or a person who presents a release that is signed by the child who has reached the age of majority and which specifies the juvenile justice information to be released and the purpose for the release;
(o) A school district, if the juvenile justice agency and the school district have entered into a written agreement to share juvenile justice information and data from an educational record of a child maintained by the school district for a purpose consistent with the purposes of this section;
(p) A person or organization who has entered into a written agreement with the juvenile justice agency to provide assessments or juvenile justice services;
(q) A person engaged in bona fide research that may be used to improve juvenile justice services or secure additional funding for juvenile justice services if the juvenile justice information is provided in the aggregate and without any personal identifying information;
(r) A person who is authorized by a court order to receive the juvenile justice information, if the juvenile justice agency was provided with notice and opportunity to be heard before the issuance of the order;
(s) A law enforcement agency in the course of a criminal investigation, a delinquency proceeding conducted pursuant to the provisions of this title or a situation involving a child who is subject to the jurisdiction of the juvenile court and who poses a threat to himself or herself or to the safety or well-being of others; or
(t) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to perform a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law.
3. A juvenile justice agency may deny a request for juvenile justice information if:
(a) The request does not, in accordance with the purposes of this section, demonstrate good cause for the release of the information; or
(b) The release of the information would cause material harm to the child or would prejudice any court proceeding to which the child is subject. A denial pursuant to this subsection must be made in writing to the person requesting the information not later than 5 business days after receipt of the request.
4. Any juvenile justice information provided pursuant to this section may not be used to deny a child access to any service for which the child would otherwise be eligible, including, without limitation:
(a) Educational services;
(b) Social services;
(c) Mental health services;
(d) Medical services; or
(e) Legal services.
5. Except as otherwise provided in this subsection, any person who is provided with juvenile justice information pursuant to this section and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to:
(a) A district attorney who uses the information solely for the purpose of initiating legal proceedings;
(b) A person or organization described in subsection 2 who provides a report concerning juvenile justice information to a court or other party pursuant to this title or chapter 432B of NRS; or
(c) A federal, state or local governmental entity, or an agency of such an entity, that uses the information to perform a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law.
6. As used in this section:
(a) ’Juvenile justice agency’ means the Youth Parole Bureau or a director of juvenile services.
(b) ’Juvenile justice information’ means any information which is directly related to a child in need of supervision, a delinquent child or any other child who is otherwise subject to the jurisdiction of the juvenile court.