Nevada § 62F.320 - Motion to exempt child from community notification or exclude child from placement on community notification website; reconsideration of determination on motion

§ 62F.320. Motion to exempt child from community notification or exclude child from placement on community notification website; reconsideration of determination on motion

1. Notwithstanding any other provision of law and except as otherwise provided in

this subsection, upon a motion by a child, the juvenile court may exempt the child

from community notification or exclude the child from placement on the community notification

website, or both, if the juvenile court finds by clear and convincing evidence that

the child is not likely to pose a threat to the safety of others. The juvenile court shall not exempt a child from community notification or exclude

the child from placement on the community notification website if the child is adjudicated

delinquent for committing an aggravated sexual offense. 2. At the hearing held on a motion pursuant to this section, the juvenile court may

consider any evidence, reports, statements or other material which the juvenile court

determines is relevant and helpful to determine whether to grant the motion. 3. In determining at the hearing whether the child is likely to pose a threat to the

safety of others, the juvenile court shall consider the following factors: (a) The number, date, nature and gravity of the act or acts committed by the child,

including, without limitation, whether the act or acts were characterized by repetitive

and compulsive behavior. (b) The family controls in place over the child. (c) The plan for providing counseling, therapy or treatment to the child. (d) The history of the child with the juvenile court, including, without limitation,

reports concerning any unlawful acts which the child has admitted committing, any

acts for which the juvenile court placed the child under a supervision and consent

decree pursuant to NRS 62C.230 and any prior adjudication of delinquency or need of supervision. (e) The results of any psychological or psychiatric profiles of the child and whether

those profiles indicate a risk of recidivism. (f) Any physical conditions that minimize the risk of recidivism, including, without

limitation, physical disability or illness. (g) The impact of the unlawful act on the victim and any statements made by the victim. (h) The safety of the community and the need to protect the public. (i) The impact that registration and community notification pursuant to NRS 179D.010 to 179D.550 , inclusive, and 62F.205 to 62F.360 , inclusive, will have on the treatment of the child. (j) Any other factor that the juvenile court finds relevant to the determination of

whether the child is likely to pose a threat to the safety of others. 4. If the juvenile court exempts a child from community notification or excludes a

child from placement on the community notification website, or both, the juvenile

court shall notify the Central Repository so that the Central Repository may carry

out the determination of the juvenile court. 5. Upon good cause shown, the juvenile court may reconsider the granting or denial

of a motion pursuant to this section, and reverse, modify or affirm its determination. In determining whether to reverse, modify or affirm its determination, the juvenile

court: (a) Shall consider: (1) The factors set forth in subsection 3; (2) The extent to which the child has received counseling, therapy or treatment and

the response of the child to any such counseling, therapy or treatment; and (3) The behavior of the child while subject to the jurisdiction of the juvenile court,

including, without limitation, the behavior of the child during any period of confinement. (b) Shall not exempt a child from community notification or exclude a child from placement

on the community notification website unless the juvenile court finds by clear and

convincing evidence that the child is not likely to pose a threat to the safety of

others.