Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE5 JUVENILE JUSTICE |
CHAPTER62H. Records Related to Children |
COLLECTION AND DISCLOSURE OF INFORMATION |
NRS62H.025. Maintenance and release of juvenile justice information by certain agencies.
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1. Juvenile justice information must be maintained in accordance with federal law, and any provision of federal law authorizing the release of juvenile justice information must be construed as broadly as possible in favor of the release of juvenile justice information.
2. For the purpose of ensuring the safety, permanent placement, rehabilitation, educational success and well-being of a child, a director of juvenile services or the Chief of the Youth Parole Bureau, or his or her designee, may, upon written request and good cause shown, share appropriate juvenile justice information with:
(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) A district attorney or his or her designee;
(d) An attorney representing the child;
(e) The director of a state agency which administers juvenile justice or his or her designee;
(f) A director of a state, regional or local facility for the detention of children or his or her designee;
(g) The director of an agency which provides child welfare services or his or her designee;
(h) A guardian ad litem or court appointed special advocate who represents the child;
(i) A parent or guardian of the child if the release of the information to the parent or guardian is consistent with the purposes of this section; or
(j) The child to whom the juvenile justice information pertains if the child has reached the age of majority.
3. A written request for juvenile justice information pursuant to subsection 2 may be made only for the purpose of determining the appropriate placement of the child pursuant to the provisions of chapter 432B of NRS, the appropriate treatment or services to be provided to the child or the appropriate conditions of probation or parole to be imposed on the child. The written request must state the reason that the juvenile justice information is requested. A written request for juvenile justice information may be refused if:
(a) The request does not 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.
Ê A refusal pursuant to this subsection must be made in writing to the person or entity requesting the information not later than 3 days after receipt of the request, excluding Saturdays, Sundays and holidays.
4. Any juvenile justice information provided pursuant to this section is confidential, must be provided only to those persons listed in subsection 2 and must be maintained in accordance with any applicable laws and regulations.
5. 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.
6. A director of juvenile services or the Chief of the Youth Parole Bureau, or his or her designee, may release juvenile justice information:
(a) In the aggregate and without personal identifying information included, to a person engaged in bona fide research that may be used to improve juvenile justice services or secure additional funding for juvenile justice services.
(b) As deemed necessary by a legislative body of this State or a local government in this State to conduct an audit or proper oversight of any department, agency or office providing services related to juvenile justice.
7. As used in this section, “juvenile justice information” means any information maintained by a director of juvenile services or the Chief of the Youth Parole Bureau, or his or her designee, 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.
(Added to NRS by 2013, 519)