[Rev. 3/31/2020 5:58:32 PM]

[NAC-62B Revised Date: 3-20]

CHAPTER 62B - INSTITUTIONS, AGENCIES AND FACILITIES TO WHICH CHILDREN ARE COMMITTED

GENERAL PROVISIONS

62B.010              Definitions.

62B.015              “Abuse or neglect” defined.

62B.020              “Agency” defined.

62B.030              “Child” defined.

62B.040              “Division” defined.

62B.045              “Gender identity or expression” defined.

62B.050              “Institution” defined.

62B.060              “Office” defined.

COMMITMENT AND PLACEMENT OF CHILDREN

62B.080              Factors for consideration by juvenile court before committing child.

62B.085              Establishment of procedure by institution or agency to ensure appropriate placement of child in accordance with gender identity or expression.

TRAINING FOR CERTAIN EMPLOYEES

62B.100              Training of employees who have direct contact with children or have supervisory duties over other employees.

62B.110              Maintenance of records relating to employee training; annual reports.

62B.120              Effect of failure of agency to submit annual report.

 

 

 

GENERAL PROVISIONS

     NAC 62B.010  Definitions. (NRS 62B.250)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 62B.015 to 62B.060, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016; A by R095-18, 10-25-2018)

     NAC 62B.015  “Abuse or neglect” defined. (NRS 62B.212)  “Abuse or neglect” has the meaning ascribed to “abuse or neglect of a child” in NRS 432B.020.

     (Added to NAC by Div. of Child & Fam. Services by R095-18, eff. 10-25-2018)

     NAC 62B.020  “Agency” defined. (NRS 62B.250)  “Agency” means any public or private agency, organization or institution detaining or otherwise having custody or control of a child pursuant to title 5 of NRS.

     (Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016)

     NAC 62B.030  “Child” defined. (NRS 62B.250)  “Child” has the meaning ascribed to it in NRS 62A.030.

     (Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016)

     NAC 62B.040  “Division” defined. (NRS 62B.250)  “Division” means the Division of Child and Family Services of the Department of Health and Human Services.

     (Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016)

     NAC 62B.045  “Gender identity or expression” defined. (NRS 62B.212)  “Gender identity or expression” has the meaning ascribed to it in NRS 0.034.

     (Added to NAC by Div. of Child & Fam. Services by R095-18, eff. 10-25-2018)

     NAC 62B.050  “Institution” defined. (NRS 62B.250)  “Institution” means a facility where a child is held before or after adjudication to be in need of supervision or a delinquent child pursuant to title 5 of NRS. The term does not include a group home in which a child may be held pursuant to title 5 of NRS.

     (Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016)

     NAC 62B.060  “Office” defined. (NRS 62B.250)  “Office” means the Juvenile Justice Programs Office of the Division.

     (Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016)

COMMITMENT AND PLACEMENT OF CHILDREN

     NAC 62B.080  Factors for consideration by juvenile court before committing child. (NRS 62B.212)  Pursuant to NRS 62B.212, a juvenile court shall consider the following factors before committing a child to an institution or agency:

     1.  The gender identity or expression of the child;

     2.  Whether the institution or agency to which the juvenile court wishes to commit the child has a procedure that complies with NAC 62B.085; and

     3.  The ability of the institution or agency to meet the needs of the child.

     (Added to NAC by Div. of Child & Fam. Services by R095-18, eff. 10-25-2018)

     NAC 62B.085  Establishment of procedure by institution or agency to ensure appropriate placement of child in accordance with gender identity or expression. (NRS 62B.212)

     1.  Each institution or agency shall establish a procedure that, at a minimum, ensures:

     (a) A determination of the gender identity or expression or sexual orientation of a child who is held at the institution or in the custody or control of the agency is made in a manner that is primarily based on self-reporting from the child and is respectful and developmentally appropriate.

     (b) Responsiveness to the gender identity or expression of a child who is held at the institution or in the custody or control of the agency with regard to, without limitation:

          (1) A determination concerning arrangements for housing, including, without limitation, arrangements for housing that:

               (I) Align with the gender identity or expression of the child;

               (II) Take into consideration the wishes of the child; and

               (III) Take into consideration the health and safety of the child; and

          (2) Access to privacy while showering, changing clothes and using the bathroom facility.

     (c) A child who is held at the institution or in the custody or control of the agency is free from abuse or neglect and bullying or harassment that is based on the gender identity or expression of the child.

     (d) The staff of the institution or agency is instructed on how to detect, respond to and protect a child who is held at the institution or in the custody or control of the agency from any threatened or actual abuse or neglect, bullying or harassment.

     (e) The staff of the institution or agency is instructed on how to communicate effectively and professionally with and about a child who is held at the institution or in the custody or control of the agency, regardless of the gender identity or expression or sexual orientation of the child.

     (f) Resources necessary to support the gender identity or expression and sexual orientation of all children held at the institution or in the custody or control of the agency are identified and provided to the children.

     (g) Except as otherwise provided in this paragraph or as otherwise required by state or federal law, the gender identity or expression or sexual orientation of a child who is held at the institution or in the custody or control of the agency is not disclosed without the consent of the child. The gender identity or expression or sexual orientation of a child who is held at the institution or in the custody or control of the agency may be disclosed in limited circumstances, as recommended by a mental health professional, without the consent of the child if the superintendent of the state facility for the detention of children or the director of juvenile services has determined, based on the recommendation of the mental health professional, that such a disclosure is in the best interest of the child and the disclosure is limited to the circumstances recommended by the mental health professional.

     (h) The staff of the institution or agency is prohibited from conducting a physical examination of the genitals or pubic area of a child who is held at the institution or in the custody or control of the agency solely to determine the gender of the child.

     (i) A child who is held at the institution or in the custody or control of the agency is not placed in isolation or restrictive settings based on the gender identity or expression or sexual orientation of the child, including, without limitation, the use of such a placement as a means of protecting the child.

     2.  As used in this section:

     (a) “Director of juvenile services” has the meaning ascribed to it in NRS 62A.080.

     (b) “Mental health professional” means a person licensed in the State of Nevada as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor or clinical social worker.

     (c) “Superintendent of the state facility for the detention of children” means the person appointed to the position created pursuant to NRS 63.100.

     (Added to NAC by Div. of Child & Fam. Services by R095-18, eff. 10-25-2018)

TRAINING FOR CERTAIN EMPLOYEES

     NAC 62B.100  Training of employees who have direct contact with children or have supervisory duties over other employees. (NRS 62B.250)

     1.  An agency that operates an institution shall ensure that each employee who comes into direct contact with children who are in custody receives training in accordance with NRS 62B.250. The training must consist of instruction concerning:

     (a) The topics listed in subsection 1 of NRS 62B.250;

     (b) Proper reporting of suspected abuse or neglect;

     (c) Proper reporting and investigation of sexual harassment or sexual misconduct consistent with the requirements set forth in the federal Prison Rape Elimination Act of 2003, 42 U.S.C. §§ 15601 et seq., and 28 C.F.R. §§ 115.5 et seq.;

     (d) The conditions and limitations of the use of corrective room restriction set forth in NRS 62B.215;

     (e) The plan for care of children in the institution during disasters developed pursuant to NRS 62B.220;

     (f) Trauma-informed care of children; and

     (g) Data collection.

     2.  In addition to the instruction required by subsection 1, an agency that operates an institution shall ensure that the training required by subsection 1 and NRS 62B.250 for an employee who has supervisory duties over other employees includes instruction concerning:

     (a) The provisions of the “Juvenile Detention Facility Standards” adopted by the Juvenile Justice Commission; and

     (b) The disproportionate contact of children belonging to a racial or ethnic minority group with the juvenile justice system.

     3.  As used in this section, “trauma-informed care” means an approach to the delivery of care to a child that takes into account the impact of trauma on the child and emphasizes physical, psychological and emotional safety for both providers and children.

     (Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016; A by R095-18, 10-25-2018)

     NAC 62B.110  Maintenance of records relating to employee training; annual reports. (NRS 62B.250)

     1.  An agency that operates an institution shall keep records related to the training of new and existing employees required pursuant to NRS 62B.250 and NAC 62B.100. Such records must include, without limitation, the date, topic and name of each employee who attended each training session.

     2.  Not later than February 15 of each year, an agency that operates an institution shall submit to the Office on a form developed and provided by the Office a report concerning the training required by NRS 62B.250 and NAC 62B.100. The report must include, without limitation, the date and topic of each training session and the total number of employees who attended each training session.

     3.  Based on the information provided to the Office pursuant to this section, the Office will produce an annual report summarizing training provided pursuant to NRS 62B.250 and NAC 62B.100.

     (Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016)

     NAC 62B.120  Effect of failure of agency to submit annual report. (NRS 62B.250)  If an agency fails to comply with the requirement to submit an annual training report pursuant to NAC 62B.110, the Office shall notify the governing body of the agency and may take any other action deemed lawful until the agency complies with such reporting requirement.

     (Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016)