Nev. Rev. Stat. § 62C.065 – Custody and detention of child alleged to have committed battery against school employee or child welfare professional under certain circumstances; conditions and limitations on release of child; evaluation of child by qualified professional; immunity for statements made during evaluation

1. A child must not be released before a detention hearing is held pursuant to NRS 62C.040 if the child:
1. (a) Is taken into custody for an unlawful act in violation of NRS 200.481 against a school employee or child welfare professional; and
2. (b) Has, in the previous year, been taken two or more times into custody for an unlawful act in violation of paragraph (d) of subsection 2 of NRS 200.481 for which:
  1. (1) The child has been placed on informal supervision pursuant to NRS 62C.200; or
  2. (2) A petition has been filed alleging that the child is delinquent.
2. At the detention hearing, the juvenile court shall order the mental health of the child to be evaluated by a qualified professional, if the child has not been ordered by the court to be so evaluated in the previous year.
3. If an evaluation is required by subsection 2, the court shall:
1. (a) Detain the child at a facility for the detention of children for not more than 14 days or until the completion of the evaluation, whichever is sooner; or
2. (b) Place the child 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 subsection 2, 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:
1. (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.
2. (b) “Child welfare professional” means an employee of this State or a political subdivision of this State who as part of his or her job responsibilities:
  1. (1) Interacts with the public; and
  2. (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.
3. (c) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.
4. (d) “School employee” means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

(Added to NRS by 2025, 36th Special Session, 85)