Emancipation - Removal of Disability of Minority Package
Nevada - Emancipation- Removal of Disability
Nevada Revised Statutes
CHAPTER 129, SECTIONS 129.010 - 129.140
NRS 129.010: Age of majority.
All persons of the age of 18 years who are under no legal disability,
and all persons who have been declared emancipated pursuant to NRS 129.080
to 129.140, inclusive, are capable of entering into any contract, and are,
to all intents and purposes, held and considered to be of lawful age.
[1:19:1861; B § 323; BH § 4943; C § 5000; RL § 431; NCL § 300] (NRS A 1971, 455; 1973, 1578; 1987, 1281)
NRS 129.020: Disability of minority removed in connection with
any transaction entered into pursuant to Servicemen's Readjustment Act
of 1944.
1. The disability of minority of any person otherwise eligible
for guaranty or insurance of a loan pursuant to the Servicemen's Readjustment
Act of 1944, as amended (38 U.S.C. §§ 3701 et seq.), and of the
minor spouse of any eligible veteran, irrespective of his or her age, in
connection with any transaction entered into pursuant to that Act, as amended,
is hereby removed for all purposes in connection with such transactions,
including, but not limited to, incurring of indebtedness or obligations,
acquiring, encumbering, selling, releasing or conveying property or any
interest therein, and litigating or settling controversies arising therefrom,
if all or part of any obligations incident to such transaction are guaranteed
or insured by the Secretary of Veterans Affairs pursuant to such Act.
2. This section must not be construed to impose any other
or greater rights or liabilities than would exist if such person and such
spouse were under no such disability.[1:24:1947; 1943 NCL § 6879.18] (NRS
A 1995, 1076)
NRS 129.030: Consent for examination and treatment.
1. Except as otherwise provided in NRS 450B.525, a minor may
give consent for the services provided in subsection 2 for himself or for
his child, if he is:
(a) Living apart from his parents
or legal guardian, with or without the consent of the parent,
parents or legal guardian, and has so lived for a period of at least 4
months;
(c) A mother, or has borne a child; or
(d) In a physician's judgment, in
danger of suffering a serious health hazard if health care
services are not provided.
2. Except as otherwise provided in subsection 4 and NRS 450B.525,
the consent of the parent or parents or the legal guardian of a minor is
not necessary for a local or state health officer, board of health, licensed
physician or public or private hospital to examine or provide treatment
for any minor, included within the provisions of subsection 1, who understands
the nature and purpose of the proposed examination or treatment and its
probable outcome, and voluntarily requests it. The consent of the minor
to examination or treatment pursuant to this subsection is not subject
to disaffirmance because of minority.
3. A person who treats a minor pursuant to subsection 2 shall,
before initiating treatment, make prudent and reasonable efforts to obtain
his consent to communicate with his parent, parents or legal guardian,
and shall make a note of such efforts in the record of his care. If the
person believes that such efforts would jeopardize treatment necessary
to the minor's life or necessary to avoid a serious and immediate threat
to the minor's health, the person may omit such efforts and note the reasons
for the omission in the record.
4. A minor may not consent to his sterilization.
5. In the absence of negligence, no person providing services
pursuant to subsection 2 is subject to civil or criminal liability for
providing those services.
6. The parent, parents or legal guardian of a minor who receives
services pursuant to subsection 2 are not liable for the payment for those
services unless the parent, parents or legal guardian has consented to
such health care services. The provisions of this subsection do not relieve
a parent, parents or legal guardian from liability for payment for emergency
services provided to a minor pursuant to NRS 129.040.(Added to NRS by 1965,
170; A 1971, 1334; 1973, 25, 1521; 1975, 1475; 1977, 185; 1981, 1164; 2001,
820)
NRS 129.040: When person standing in loco parentis may give consent
for minor's emergency hospitalization or medical attention.
Notwithstanding any other provision of law, in cases of emergency
in which a minor is in need of immediate hospitalization, medical attention
or surgery and, after reasonable efforts made under the circumstances,
the parents of such minor cannot be located for the purpose of consenting
thereto, consent for such emergency attention may be given by any person
standing in loco parentis to such minor. (Added to NRS by 1965, 170)
NRS 129.050: Abuse of controlled substance - Treatment
authorized without consent of parent or guardian under certain circumstances.
1. Except as otherwise provided
in NRS 450B.525, any minor who is under the influence of, or suspected
of being under the influence of, a controlled substance:
(b) If unable to give express consent,
shall be deemed to consent to the furnishing of hospital, medical, surgical or other
care for the treatment of abuse of drugs or related illnesses by any public
or private hospital, medical facility, facility for the dependent, other
than a halfway house for alcohol and drug abusers, or any licensed physician,
and the consent of the minor is not subject to disaffirmance because of
minority.
2. Immunity from civil or criminal
liability extends to any physician or other person rendering care or treatment
pursuant to subsection 1, in the absence of negligent diagnosis, care or
treatment.
3. The consent of the parent,
parents or legal guardian of the minor is not necessary to authorize such
care, but any physician who treats a minor pursuant to this section shall
make every reasonable effort to report the fact of treatment to the parent,
parents or legal guardian within a reasonable time after treatment. (Added
to NRS by 1971, 1333; A 1973, 26, 1521; 1975, 1476; 1977, 956; 1985, 1755;
1987, 1547; 2001, 820, 2521; 2003, 179)
NRS 129.060: Sexually transmitted disease
Examination or treatment authorized without consent of parent or
guardian. Notwithstanding any other provision of law, the consent of the
parent, parents or legal guardian of a minor is not necessary in order
to authorize a local or state health officer, licensed physician or clinic
to examine or treat, or both, any minor who is suspected of being infected
or is found to be infected with any sexually transmitted disease. (Added
to NRS by 1971, 121; A 1989, 301)
JUDICIAL EMANCIPATION OF MINORS
NRS 129.080: Minor may petition juvenile court for decree of
emancipation; reference to master.
Any minor who is at least 16 years of age, who is married or living
apart from his parents or legal guardian, and who is a resident of the
county, may petition the juvenile court of that county for a decree of
emancipation. The district court may refer the petition to a master appointed
pursuant to title 5 of NRS or chapter 432B of NRS. (Added to NRS by 1987,
1278; A 1991, 2180; 2003, 1117)
NRS 129.090: Petition: Contents; fees.
1. A petition filed pursuant
to NRS 129.080 must be in writing, verified by the petitioner
and set forth:
(a) The name, age and address of
the minor;
(d) If no parent or guardian can
be found, the name and address of the child's nearest
known relative residing within this state;
(e) Facts relating to the minor's
education, employment, and length of residence apart from
his parents or guardian;
(f) That the minor willingly lives
apart from his parents or legal guardian with the consent
or acquiescence of his parents or legal guardian;
(h) That the source of the minor's
income is not derived from any activity declared to be a
crime by the laws of this state or the United States; and
(i) That the minor is attending school
or has been excused from attending school pursuant
to NRS 392.040 to 392.125, inclusive.
2. If any of the facts required
by subsection 1 are not known, the petition must so state.
3. For filing the petition,
the clerk of the district court shall charge the fees prescribed
by law for the commencement of civil actions or proceedings generally.
(Added to NRS by 1987, 1278)
NRS 129.100 Notice of filing of petition
After a petition has been filed, unless the person to be
served voluntarily appears and consents to the hearing, the court shall
direct the clerk to issue a notice, reciting briefly the substance of the
petition, stating the time and date set for the hearing of the petition,
and requiring the person served with the notice to appear before the court
at the hearing if he desires to oppose the petition.
NRS 129.110: Persons to be served with notice; manner of service;
hearing on petition.
1. A copy of the notice issued pursuant to NRS 129.100, together
with a copy of the petition, must be served upon:
(a) The parents or legal guardian
of the minor or, if the parents or legal guardian cannot be
found, the nearest known relative of the minor residing within this state,
if any;
(b) The legal custodian of the minor,
if any;
(c) The appropriate probation officer
or parole officer for his review and recommendation
if the minor is subject to the jurisdiction of the court pursuant to title 5
of NRS; and
2. Service of the notice and
petition may be made in any manner permitted by N.R.C.P. 4.
Return of service must be made as provided by that rule. Evidence
must be presented to the court if addresses of those required to be served
are unknown or for any other reason notice cannot be given.
3. The court shall hold a hearing
on all petitions filed pursuant to NRS 129.080 to 129.140, inclusive. (Added
to NRS by 1987, 1279; A 2003, 1117)
NRS 129.120 Hearing: Duties and powers of court; considerations
in grant or denial of petition.
1. At the time stated in the
notice, or at the earliest time thereafter to which the hearing may be
postponed, the court shall proceed to hear the petition.
2. At the hearing of the petition,
the court shall address the petitioner personally and advise him of the
consequences of emancipation, as described in NRS 129.130.
3. The court may request copies
of records in the custody of the school district, the probation office,
the Division of Child and Family Services of the Department of Human Resources
or any other public or private agency to assist in making its determination.
The court may further request a recommendation from the probation officer,
the Division of Child and Family Services or any other public or private
agency that may have communicated with the minor regarding the petition.
4. The grant or denial of the
petition is a matter within the discretion of the court. In making its
determination, the court shall consider:
(c) Whether the minor is sufficiently
mature and knowledgeable to manage his affairs without the guidance of
his parents or guardian; and
(d) Whether emancipation is in the
best interest of the minor. (Added to NRS by 1987, 1279; 1993,
2691)
NRS 129.130: Decree of emancipation:
Effect; petition to void decree.
1. If the court determines
that the petition should be granted, it shall enter a decree of emancipation.
2. A decree so entered is conclusive
and binding.
3. Such a decree emancipates
the minor for all purposes and removes the disability of minority of the
minor insofar as that disability may affect:
(c) The acquiring, encumbering and
conveying of property or any interest therein;
(d) The consenting to medical, dental
or psychiatric care without parental consent, knowledge
or liability;
For these purposes, the minor shall be considered in law as an adult,
and any obligation he incurs is enforceable by and against him without
regard to his minority.
4. Unless otherwise provided
by the decree, the obligation of support otherwise owed a minor by his
parent or guardian is terminated by the entry of the decree.
5. Except as otherwise provided
in this section, a decree of emancipation does not affect the status of
the minor for any purpose, including the applicability of any provision
of law which:
(a) Prohibits the sale, purchase
or consumption of intoxicating liquor to or by a person under
the age of 21 years;
(d) Governs matters relating to referrals
for delinquent acts or violations of NRS 392.040 to 392.125,
inclusive, unless the minor has been certified for trial as an adult pursuant
to title 5 of NRS; or
6. A petition may be filed
by any person or by any public agency to void a decree of
emancipation on the following grounds:
(b) The decree of emancipation was
obtained by fraud, misrepresentation or the withholding
of material information.
7. The voiding of any decree
of emancipation must not alter any contractual obligations or rights or any property rights or interests which arose during
the period that the decree was in effect. (Added to NRS by 1987, 1280; A
1991, 2180; 2003, 1117)
NRS 129.140: Method not exclusive.
The method of emancipation of a minor provided for in NRS 129.080
to 129.130, inclusive, is in addition to and not in substitution of, any other method of emancipation provided by statute or common law. (Added to NRS by 1987, 1281)
