Evaluation of child who committed certain acts involving alcohol or controlled substance; program of treatment; treatment facility not liable for acts of child; confidentiality of information; driving under influence included in driver’s record of child.
1. The juvenile court shall order a delinquent child to undergo an evaluation to determine whether the child is an abuser of alcohol or other drugs if the child committed:
(a) An unlawful act in violation of NRS 484.379 or 484.3795;
(b) The unlawful act of using, possessing, selling or distributing a controlled substance; or
(c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020.
2. The evaluation of the child must be conducted by:
(a) An alcohol and drug abuse counselor who is licensed or certified or an alcohol and drug abuse counselor intern who is certified pursuant to chapter 641C of NRS to make that classification; or
(b) A physician who is certified to make that classification by the Board of Medical Examiners.
3. The evaluation of the child may be conducted at an evaluation center.
4. The person who conducts the evaluation of the child shall report to the juvenile court the results of the evaluation and make a recommendation to the juvenile court concerning the length and type of treatment required for the child.
5. The juvenile court shall:
(a) Order the child to undergo a program of treatment as recommended by the person who conducts the evaluation of the child.
(b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.
(c) Order the child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child or the parent or guardian of the child, or both, do not have the financial resources to pay all those charges:
(1) The juvenile court shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and
(2) The juvenile court may order the child, in lieu of paying the charges relating to his evaluation and treatment, to perform community service.
6. After a treatment facility has certified a child’s successful completion of a program of treatment ordered pursuant to this section, the treatment facility is not liable for any damages to person or property caused by a child who:
(a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or
(b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any other jurisdiction that prohibits the same or similar conduct.
7. The provisions of this section do not prohibit the juvenile court from:
(a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the Health Division of the Department of Human Resources. The evaluation may be conducted at an evaluation center.
(b) Ordering the child to attend a program of treatment which is administered by a private company.
8. 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:
(a) The juvenile court;
(b) The child;
(c) The attorney for the child, if any;
(d) The parents or guardian of the child;
(e) The district attorney; and
(f) Any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child.
9. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the driver’s record of that child for 7 years after the date of the offense.
Last modified: February 25, 2006