petition for writ of mandamus or prohibition challenging a
district court order adjudicating a minor as a delinquent.
J. Kohn, Public Defender, and Susan D. Roske, Chief Deputy
Public Defender, Clark County; S. Alex Spelman, Law Student,
SCR 49.5, Las Vegas, for Petitioner.
Paul Laxalt, Attorney General, Carson City; Steven B.
Wolfson, District Attorney, and Brandon L. Lewis, Deputy
District Attorney, Clark County, for Real Party in Interest.
BEFORE HARDESTY, PARRAGUIRRE and STIGLICH, JJ.
original proceeding, we are asked to determine whether minors
who are arrested for solicitation or prostitution, as
demonstrated by the referral charge, facts of arrest, or
other persuasive evidence, but are charged in juvenile court
with offenses other than prostitution or solicitation, are
entitled to the benefits of NRS 62G.240 precluding formal
adjudication of delinquency and ensuring counseling and
medical treatment services as part of a consent decree. We
conclude that where a minor is arrested solely for
solicitation or prostitution, NRS 62C.240 applies.
AND PROCEDURAL HISTORY
A.J. has been in foster care for most of her life. When A.J.
was 15 years old, she was recruited by an older man into the
Las Vegas sex trade. In July 2015, A.J. was stopped by a Las
Vegas Metropolitan Police Department (LVMPD) officer while
she was walking back and forth on Tropicana Avenue. A.J.
initially refused to provide her identifying information to
the police officers but later provided the requested
information. During the stop, A.J. admitted that she had been
working as a prostitute for the last three months. A.J. was
then arrested for soliciting prostitution and loitering for
the purpose of prostitution and transferred to Clark County
the nature of her charges, A.J.'s case was transferred to
the juvenile court's sexually exploited youth calendar.
The State filed a delinquency petition charging A.J. with
only obstructing an officer based on her refusal to provide
identifying information (Petition 1). A.J. entered an
admission to the charge and was adjudicated as a delinquent.
She was placed on formal probation for a period of 12 months,
with a suspended commitment to the Division of Child and
Family Services (DCFS), and with various conditions,
including no contact with persons and places involved in
prostitution and home placement through the Clark County
Department of Family Services (CCDFS).
was placed at St. Jude's Ranch for Children on GPS
monitoring. Less than a month after placement, GPS monitoring
was removed and A.J. ran away from St. Jude's. In
September, LVMPD again stopped A.J. on Tropicana Avenue for
suspected solicitation of prostitution. A.J. was subsequently
arrested for soliciting prostitution after agreeing to
perform a sexual act for a fee with an undercover police
again appeared in juvenile court. A.J. was released to Child
Haven because she lost her placement at St. Jude's after
running away. The State filed a second petition (Petition 2),
alleging a violation of probation for violating curfew and
associating with places involved in prostitution. A.J. ran
away again, resulting in the State filing a third petition
(Petition 3), alleging violation of probation for being in an
unauthorized location. The juvenile court then determined
that A.J. would remain detained pending entry of a plea.
October, A.J. admitted to a violation of probation on
Petition 2, and Petition 3 was dismissed. A.J. was continued
on formal probation and was released to CCDFS once placement
was located. A placement home was located in November, and
the GPS ankle monitor was removed. A.J. ran away from her
placement, and a writ of attachment was issued. A.J. was
arrested on the writ, and the State filed a fourth petition
alleging another violation of probation (Petition 4). A.J.
appeared in juvenile court again and was ordered detained. A
formal report and disposition was set and the juvenile court
subsequently committed A.J. to DCFS for placement at the
Caliente Youth Center.
petitions this court for a writ of mandamus or prohibition
directing the juvenile court to vacate its orders
adjudicating her as a ...