609.500 - Petition for approval of contract: Filing; contents; attachments; refiling.
609.500 Petition for approval of contract: Filing; contents; attachments; refiling.
1. An interested party may petition the court for approval of a contract by filing a written petition for approval of the contract in the court of the county in which:
(a) The minor resides;
(b) The minor will be rendering services pursuant to the contract; or
(c) A party to the contract has its principal office for the transaction of business.
2. The petition must be verified by the petitioner and must contain the following items:
(a) The full name, date of birth, place of birth and physical address of the minor.
(b) The full name and physical address of any living parent of the minor.
(c) The full name and physical address of any person who has care and custody of the minor.
(d) Whether the minor has, at any time, had a guardian appointed for him or her by a court in any jurisdiction or pursuant to a will or deed.
(e) If the minor is not a resident of this state, the location in this state at which the minor will be rendering services pursuant to the contract.
(f) A summary of the nature and provisions of the contract.
(g) A schedule showing the estimated:
(1) Gross earnings of the minor pursuant to the contract;
(2) Deductions from the earnings of the minor required by law;
(3) Reasonable fees and expenses to be paid in connection with the contract and its performance;
(4) Reasonable sums to be expended for the support, care, education, training and professional management of the minor; and
(5) Net earnings of the minor pursuant to the contract.
(h) Whether any person is entitled to receive any portion of the earnings of the minor and a detailed description of the financial circumstances of any such person.
(i) A statement acknowledging that the minor and a parent, custodian or guardian of the minor consent to an order of the court setting aside a portion of the net earnings of the minor for the benefit of the minor.
(j) The relationship of the petitioner to the minor and the interest of the petitioner in the contract or in the performance of the minor pursuant to the contract, if any.
(k) A statement acknowledging that the term of the contract during which the minor is to render services, if applicable, may not extend beyond 5 years from the date of approval of the contract by the court.
(l) A statement describing any other covenants or conditions contained in the contract which extend beyond 5 years from the date of approval of the contract by the court, or a statement indicating that the contract contains no such covenants or conditions.
(m) Any other facts which demonstrate that the terms of the contract are:
(1) Objectively fair and reasonable;
(2) Consistent with the standards of the industry to which the object of the contract pertains;
(3) Consistent and in compliance with the laws of this state, including, without limitation, the laws governing the conduct and employment of minors; and
(4) In the best interests of the minor.
(n) A statement acknowledging that the minor and a parent, custodian or guardian of the minor have had the opportunity to consult with an attorney who is experienced in the laws and practices pertaining to the applicable industry and consent to the approval of the contract by the court.
3. A copy of the contract must be attached to the petition.
4. If a new petition is filed following the denial of a previous petition pursuant to paragraph (c) of subsection 2 of NRS 609.520 the following must be attached to the petition:
(a) A copy of any previous petition that was denied by the court and copies of any exhibits thereto; and
(b) A certified copy of the transcribed record of any hearing conducted concerning any previous petition that was denied by the court.
(Added to NRS by 2003, 1589)