NRS62C.060. Custody and detention of child alleged to have committed offense involving firearm; conditions and limitations on release of child; test of child for use of controlled substances; evaluation of child by qualified professional; immunity for statements made during evaluation.

      1.  If a child is taken into custody for an unlawful act that involves the possession, use or threatened use of a firearm, the child must not be released before a detention hearing is held pursuant to NRS 62C.040.

      2.  At the detention hearing, the juvenile court shall, if the child was taken into custody for:

      (a) Carrying or possessing a firearm while on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility, order the child to:

             (1) Be evaluated by a qualified professional; and

             (2) Submit to a test to determine whether the child is using any controlled substance.

      (b) Committing an unlawful act involving a firearm other than the act described in paragraph (a), determine whether to order the child to be evaluated by a qualified professional.

      3.  If the juvenile court orders the child to be evaluated by a qualified professional or to submit to a test to determine whether the child is using any controlled substance, the evaluation or the results from the test must be completed not later than 14 days after the detention hearing. Until the evaluation or the test is completed, the child must be:

      (a) Detained at a facility for the detention of children; or

      (b) Placed under a program of supervision in the home of the child that may include electronic surveillance of the child.

      4.  If a child is evaluated by a qualified professional pursuant to this section, the statements made by the child to the qualified professional during the evaluation and any evidence directly or indirectly derived from those statements may not be used for any purpose in a proceeding which is conducted to prove that the child committed a delinquent act or criminal offense. The provisions of this subsection do not prohibit the district attorney from proving that the child committed a delinquent act or criminal offense based upon evidence obtained from sources or by means that are independent of the statements made by the child to the qualified professional during the evaluation.

      5.  As used in this section, “child care facility” has the meaning ascribed to it in paragraph (a) of subsection 5 of NRS 202.265.

      (Added to NRS by 2003, 1057; A 2007, 1915; 2011, 599)