[Rev. 2/10/2015 5:26:35
PM--2014R2]
CHAPTER 432B - PROTECTION OF CHILDREN FROM
ABUSE AND NEGLECT
GENERAL PROVISIONS
NRS 432B.010 Definitions.
NRS 432B.020 “Abuse
or neglect of a child” defined.
NRS 432B.030 “Agency
which provides child welfare services” defined.
NRS 432B.035 “Central
Registry” defined.
NRS 432B.040 “Child”
defined.
NRS 432B.042 “Child
protective services” defined.
NRS 432B.044 “Child
welfare services” defined.
NRS 432B.050 “Court”
defined.
NRS 432B.060 “Custodian”
defined.
NRS 432B.065 “Division
of Child and Family Services” defined.
NRS 432B.067 “Indian
child” defined.
NRS 432B.068 “Indian
Child Welfare Act” defined.
NRS 432B.069 “Information
maintained by an agency which provides child welfare services” defined.
NRS 432B.070 “Mental
injury” defined.
NRS 432B.080 “Parent”
defined.
NRS 432B.090 “Physical
injury” defined.
NRS 432B.100 “Sexual
abuse” defined.
NRS 432B.110 “Sexual
exploitation” defined.
NRS 432B.121 Definition
of when person has “reasonable cause to believe” and when person acts “as soon
as reasonably practicable.”
NRS 432B.130 Persons
responsible for child’s welfare.
NRS 432B.135 Child
in custody of agency which provides child welfare services deemed homeless in
certain circumstances.
NRS 432B.140 Negligent
treatment or maltreatment.
NRS 432B.150 Excessive
corporal punishment may constitute abuse or neglect.
NRS 432B.153 Presumptions
concerning custody and visitation when parent of child is convicted of first
degree murder of other parent of child.
NRS 432B.157 Presumption
concerning custody when court determines that parent or other person seeking
custody of child is perpetrator of domestic violence.
NRS 432B.159 Presumption
concerning custody and visitation when parent or other person seeking custody
of child is perpetrator of any act of abduction against the child.
NRS 432B.160 Immunity
from civil or criminal liability; presumption.
NRS 432B.165 Authority
of agency which provides child welfare services and other entities to provide
information to assist in locating a missing child; information not
confidential.
NRS 432B.170 Authority
of agency which provides child welfare services to share information with state
or local agencies.
NRS 432B.175 Availability
of data or information regarding fatality or near fatality of child who is
subject of report of abuse or neglect; limitation on disclosure; regulations.
NRS 432B.178 Director
of Department of Health and Human Services authorized to create interagency
committee to evaluate child welfare system in this State; appointment of
members; submission of written report.
ADMINISTRATION
General Provisions
NRS 432B.180 Duties
of Division of Child and Family Services.
NRS 432B.190 Regulations
to be adopted by Division of Child and Family Services.
NRS 432B.195 Agency
which provides child welfare services required to provide training to certain
employees concerning rights of certain persons responsible for child’s welfare;
employees not required or authorized to offer legal advice, legal assistance or
legal interpretation of state or federal laws.
NRS 432B.197 Agency
which provides child welfare services required to establish policies to ensure
that children in custody of agency have access to and safe administration of
clinically appropriate psychotropic medication.
NRS 432B.198 Employment
with agency which provides child welfare services: Background investigation
required; periodic additional investigations.
NRS 432B.199 Employment
with agency which provides child welfare services: Termination of employee
charged with or convicted of certain crimes; correction of information.
NRS 432B.200 Toll-free
telephone number for reports of abuse or neglect.
NRS 432B.210 State,
political subdivisions and agencies to cooperate with agencies which provide
child welfare services.
NRS 432B.215 Acquisition
and use of information concerning probationers and parolees.
Corrective Action, Improvement Plans and Incentive Payments
NRS 432B.2155 Corrective
action or corrective action plan to be carried out by agency which provides
child welfare services when necessary; consequences of failing to carry out
action or plan within required period; Division of Child and Family Services to
adopt regulations.
NRS 432B.216 Agency
which provides child welfare services to submit biennial improvement plan;
agency to solicit input regarding plan; requirements of plan; agency to submit
annual data to Division of Child and Family Services.
NRS 432B.2165 Division
of Child and Family Services to administer program to award incentive payment
to agency which provides child welfare services in a county whose population is
100,000 or more; application for incentive payment; approval and denial of
incentive payment.
NRS 432B.217 Application
by agency which provides child welfare services for incentive payment in
subsequent years; approval of application; amount of subsequent incentive
payment.
NRS 432B.2175 Agency
which provides child welfare services that receives incentive payment to submit
report to Division of Child and Family Services demonstrating percentage of
goal achieved.
NRS 432B.218 Annual
report to Governor and Legislature concerning achievement of specific
performance targets in improvement plans and specific goals established to
receive incentive payment.
Grants to Agency Which Provides Child Welfare Services
NRS 432B.2185 Block
grant awarded to agency which provides child welfare services in county whose
population is 100,000 or more; amount and use of block grant.
NRS 432B.219 Categorical
grants for adoption assistance programs; determination of amount; restrictions
on use.
REPORTS OF ABUSE OR NEGLECT; REPORTS OF PRENATAL ILLEGAL
SUBSTANCE ABUSE
NRS 432B.220 Persons
required to make report; when and to whom reports are required; any person may
make report; report and written findings if reasonable cause to believe death
of child caused by abuse or neglect; certain persons and entities required to
inform reporters of duty to report.
NRS 432B.225 Attorney
prohibited from reporting abuse or neglect of child in certain circumstances.
NRS 432B.230 Method
of making report; contents.
NRS 432B.240 Penalty
for failure to make report.
NRS 432B.250 Persons
required to report prohibited from invoking certain privileges.
NRS 432B.255 Admissibility
of evidence.
NRS 432B.260 Action
upon receipt of report; agency which provides child welfare services required
to inform person named in report of allegation of abuse or neglect if report is
investigated.
NRS 432B.270 Interview
of child and sibling of child concerning possible abuse or neglect;
photographs, X rays and medical tests.
NRS 432B.280 Confidentiality
of information maintained by an agency which provides child welfare services;
exceptions; penalty.
NRS 432B.290 Maintenance
of information by agency which provides child welfare services; authorized
release of such information; penalty; fee for release of information; rules,
policies or regulations.
NRS 432B.300 Determinations
to be made from investigation of report.
NRS 432B.310 Report
to Central Registry of abuse or neglect required upon completion of
investigation; report to Central Registry of prenatal illegal substance abuse
or withdrawal symptoms resulting from prenatal drug exposure only required if
child has been abused or neglected after child was born.
NRS 432B.315 Written
notification of substantiated report to person responsible for child’s welfare.
NRS 432B.317 Administrative
appeal of substantiated report; hearing.
NRS 432B.320 Waiver
of full investigation of report.
PROTECTIVE SERVICES AND CUSTODY
NRS 432B.325 County
whose population is 100,000 or more to provide child protective services in
county; county whose population is less than 100,000 to provide such services
in certain circumstances.
NRS 432B.326 Payment
of assessment for provision of child protective services by county whose
population is less than 100,000; exemption.
NRS 432B.327 Division
of Child and Family Services to submit certain reports concerning budgets for
child protective services to Governor, certain counties and Legislative
Commission.
NRS 432B.330 Circumstances
under which child is or may be in need of protection.
NRS 432B.340 Determination
that child needs protection but is not in imminent danger.
NRS 432B.350 Teams
for protection of child.
NRS 432B.360 Voluntary
placement of child with agency or institution; regulations.
NRS 432B.370 Determination
that child is not in need of protection.
NRS 432B.380 Referral
of case to district attorney for criminal prosecution; recommendation to file
petition.
NRS 432B.390 Placement
of child in protective custody.
NRS 432B.3905 Limitations
on transfer and placement of child who is under 6 years of age; notice.
NRS 432B.391 Agency
which provides child welfare services or designee authorized to conduct
preliminary Federal Bureau of Investigation name-based check of background of
certain adult residents of home in which child will be placed in emergency
situation; person investigated to supply fingerprints; exchange of information;
removal of child from home upon refusal to supply fingerprints.
NRS 432B.393 Preservation
and reunification of family of child to prevent or eliminate need for removal
from home before placement in foster care and to make safe return to home
possible; when reasonable efforts are not required; determining whether
reasonable efforts have been made.
NRS 432B.396 Establishment
of panel to evaluate extent to which agencies which provide child welfare
services are effectively discharging their responsibilities; regulations; civil
penalties.
NRS 432B.397 Inquiry
to determine whether child is Indian child; report to court; training regarding
requirements of Indian Child Welfare Act.
NRS 432B.400 Temporary
detention of child by physician or person in charge of hospital or similar
institution.
CHILD DEATH REVIEW TEAMS
NRS 432B.403 Purpose
of organizing child death review teams.
NRS 432B.405 Organization
of child death review teams.
NRS 432B.406 Composition
of child death review teams.
NRS 432B.407 Information
available to child death review teams; sharing of certain information; subpoena
to obtain information; confidentiality of information.
NRS 432B.4075 Authority
of Administrator to organize multidisciplinary team to oversee review conducted
by child death review team; access to information and privileges.
NRS 432B.408 Executive
Committee to Review the Death of Children to review report of child death
review team.
NRS 432B.409 Establishment,
composition and duties of Executive Committee to Review the Death of Children;
creation of and use of money in Review of Death of Children Account.
NRS 432B.4095 Civil
penalty for disclosure of confidential information; authority to bring action;
deposit of money.
CIVIL PROCEEDINGS
General Provisions
NRS 432B.410 Exclusive
original jurisdiction; action does not preclude prosecution.
NRS 432B.420 Right
of parent or other responsible person to representation by attorney; authority
of court to appoint attorney to represent child; authority and rights of
child’s attorney; compensation of attorney; appointment of attorney as guardian
ad litem.
NRS 432B.425 Notification
of tribe if proceedings involve Indian child; transfer of proceedings to Indian
child’s tribe; exercise of jurisdiction by court.
NRS 432B.430 Restriction
on admission of persons to proceedings.
NRS 432B.435 Presentation
of evidence of child’s previous sexual conduct prohibited; exception.
NRS 432B.440 Assistance
by agency which provides child welfare services.
NRS 432B.450 Expert
testimony raising presumption of need for protection of child.
NRS 432B.451 Qualified
expert witness required in proceeding to place Indian child in foster care.
NRS 432B.455 Determination
of appropriate person to take custody of child: Appointment and duties of
special master.
NRS 432B.457 Determination
of appropriate person to take custody of child: Involvement in and notification
of person with special interest in child; testimony by person with special
interest in child.
NRS 432B.459 Provision
of copy of sound recording or transcript of proceeding to parent or guardian;
fees.
NRS 432B.460 Courts
not deprived of right to determine custody or guardianship.
NRS 432B.465 Full
faith and credit to judicial proceedings of Indian tribe.
NRS 432B.4655 Joinder
of governmental entity or other person to certain proceedings to enforce legal
obligation of such entity or person.
Permanent Placement With Guardian
NRS 432B.466 Petition
for appointment of guardian; notice.
NRS 432B.4665 Appointment
of guardian; powers and duties of and limitations on guardian; effect of
guardianship; length of guardianship.
NRS 432B.467 Consideration
of evidence in determining whether to appoint guardian; right of visitation to
certain persons.
NRS 432B.4675 Effect
of entry of final order establishing guardianship.
NRS 432B.468 Enforcement,
modification and termination of guardianship; appointment of successor
guardian.
Person Legally Responsible for Psychiatric Care of Child
NRS 432B.4681 Definitions.
NRS 432B.4682 “Person
professionally qualified in the field of psychiatric mental health” defined.
NRS 432B.4683 “Psychiatric
care” defined.
NRS 432B.4684 Nomination;
person nominated deemed to be person who is legally responsible pending court
approval; petition to appoint nominee; persons authorized to be nominated or
appointed.
NRS 432B.4685 Persons
eligible for court appointment.
NRS 432B.4686 Responsibilities
and duties.
NRS 432B.4687 Considerations
for approval of administration of psychotropic medication to child; written
consent for administration of such medication or notice of denial; other
required approval.
NRS 432B.4688 Administration
of psychotropic medication to child allowed only in accordance with consent;
quarterly review of records of child.
NRS 432B.4689 Administration
of psychotropic medication without consent authorized under certain
circumstances.
NRS 432B.469 Agency
which provides child welfare services retains responsibility for health and
well-being of child in its custody.
Hearing on Protective Custody
NRS 432B.470 Hearing
required; notice.
NRS 432B.480 Hearing:
Court required to advise parties of rights; determinations by court; order to
continue custody or release child.
NRS 432B.490 Procedure
following hearing or investigation.
Hearing on Need of Protection for Child
NRS 432B.500 Appointment
of guardian ad litem after filing of petition.
NRS 432B.505 Qualifications
of special advocate for appointment as guardian ad litem.
NRS 432B.510 Execution
and contents of petition; representation of interests of public.
NRS 432B.513 Copy
of report or information required to be provided to parent or guardian before
certain proceedings.
NRS 432B.515 Electronic
filing of certain petitions and reports.
NRS 432B.520 Issuance
of summons; authorizing the assumption of custody by court and removal of child
from certain conditions; authorizing the attachment of child and placement of
child in protective custody.
NRS 432B.530 Adjudicatory
hearing on petition; disposition.
NRS 432B.540 Report
by agency which provides child welfare services; plan for placement of child.
NRS 432B.550 Determination
of custody and placement of child by court; retention of certain rights by
parent when child placed other than with parent; determination of whether
agency which provides child welfare services has made reasonable efforts
required.
NRS 432B.553 Plan
for permanent placement of child.
NRS 432B.555 Restriction
on release of child to custodial parent or guardian who has been convicted of
abuse, neglect or endangerment of child.
NRS 432B.560 Additional
orders by court: Treatment; conduct; visitation; support.
NRS 432B.570 Motion
for revocation or modification of order.
NRS 432B.580 Semiannual
review by court of placement of child.
NRS 432B.585 Appointment
of panel to conduct semiannual review.
NRS 432B.590 Annual
hearing on disposition of case; when presumption that best interests of child
will be served by termination of parental rights arises.
CONTINUATION OF JURISDICTION OF COURT OVER CHILD WHO REACHES
18 YEARS OF AGE WHILE IN CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE
SERVICES
NRS 432B.591 “Child”
defined.
NRS 432B.592 Court
to refer child to attorney for counsel regarding continuation of jurisdiction.
NRS 432B.593 Agency
which provides child welfare services to meet with child to determine whether
child intends to request continuation of jurisdiction; effect of such meeting;
child who has independent living agreement not prohibited from requesting
continuation of jurisdiction.
NRS 432B.594 Retention
of court’s jurisdiction over child; termination of such jurisdiction; written
agreement between agency which provides child welfare services and child;
resolution of dispute between agency and child; rights of child to services and
payments while under jurisdiction of court.
NRS 432B.595 Written
plan to assist child to transition to independent living; duties of agency
which provides child welfare services during period that court retains
jurisdiction.
ADVISORY BOARDS TO EXPEDITE PROCEEDINGS FOR PLACEMENT OF
CHILDREN
NRS 432B.602 Rural
Advisory Board to Expedite Proceedings for Placement of Children: Creation;
terms; vacancies; members serve without compensation; duties.
NRS 432B.604 Local
advisory boards to expedite proceedings for placement of children: Creation;
members; terms; vacancies; members serve without compensation; duties.
NRS 432B.606 Referral
of case by court to local advisory board.
COURT-ORDERED ADMISSION OF CERTAIN CHILDREN WITH EMOTIONAL
DISTURBANCE TO CERTAIN FACILITIES
NRS 432B.607 Definitions.
NRS 432B.6071 “Child
with an emotional disturbance” defined.
NRS 432B.60715 “Court-ordered
admission of a child” defined.
NRS 432B.6072 “Facility”
defined.
NRS 432B.6073 “Person
professionally qualified in the field of psychiatric mental health” defined.
NRS 432B.6074 “Treatment”
defined.
NRS 432B.6075 Petition:
Filing; certificate or statement of alleged emotional disturbance.
NRS 432B.6076 Findings
and order; alternative courses of treatment.
NRS 432B.6077 Petition
required before child may be placed in facility other than under emergency
admission; psychological examination of child required under certain
circumstances; placement in less restrictive environment; any person may oppose
petition.
NRS 432B.6078 Provision
of information and assistance to child; second examination of child.
NRS 432B.6079 Considerations
for court in issuing or renewing order.
NRS 432B.608 Expiration
and renewal of admission.
NRS 432B.6081 Plan
for continued care, treatment and training of child upon discharge.
NRS 432B.6082 Personal
rights.
NRS 432B.6083 Conditional
release: No liability of State; notice to court and attorney of agency; order to
return to facility; judicial review of order to return to facility.
NRS 432B.6084 Release
without further order of court; early release.
NRS 432B.6085 Children’s
rights; application of various provisions of chapters
433 and 435 of NRS and all of chapters 433A and 433B of NRS to children in custody of agency
which provides child welfare services.
SEXUAL ABUSE OR SEXUAL EXPLOITATION OF CHILDREN UNDER AGE OF
18 YEARS
NRS 432B.610 Training
of certain peace officers for detection and investigation of and response to
cases of sexual abuse or sexual exploitation of children; regulations.
NRS 432B.620 Certification
of peace officers who regularly investigate cases of sexual abuse or sexual
exploitation of children; regulations.
KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM
NRS 432B.621 “Program”
defined.
NRS 432B.622 Department
to establish and administer Program; agency which provides child welfare
services authorized to enter into agreement to provide assistance to relative
of child pursuant to Program.
NRS 432B.623 Qualifications
for assistance pursuant to Program; placement of sibling of child who is
eligible for assistance.
NRS 432B.624 Required
provisions in agreement for assistance entered into pursuant to Program;
eligibility for federal assistance for adoption not affected by such agreement.
NRS 432B.625 Background
checks required before entering into agreement with relative for assistance
pursuant to Program.
NRS 432B.626 Agency
which provides child welfare services to include certain information in case
plan of child whose legal guardian receives assistance pursuant to Program.
MISCELLANEOUS PROVISIONS
NRS 432B.630 Delivery
of newborn child to provider of emergency services.
NRS 432B.640 Assessment
of child who may need counseling as result of battery that constitutes domestic
violence; provision of evaluation or counseling.
TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF CHILDREN
NRS 432B.700 Creation;
membership. [Expired by limitation.]
NRS 432B.710 Election
of Chair and Vice Chair; meetings; quorum; compensation; vacancies. [Expired by
limitation.]
NRS 432B.720 Recommendations
of Task Force. [Expired by limitation.]
NRS 432B.730 Recommendations
for legislation; final report. [Expired by limitation.]
_________
NOTE: Section 1.5 of ch. 253, Statutes of
Nevada 2013, at page 1085, has been codified as NRS 439B.227.
GENERAL PROVISIONS
NRS 432B.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 432B.020 to 432B.110, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1985, 1368; A 1991, 1920; 1993, 2705; 1995, 786; 2011, 2523;
2013, 523,
2877)
NRS 432B.020 “Abuse or neglect of a child” defined.
1. “Abuse or neglect of a child” means,
except as otherwise provided in subsection 2:
(a) Physical or mental injury of a nonaccidental
nature;
(b) Sexual abuse or sexual exploitation; or
(c) Negligent treatment or maltreatment as set
forth in NRS 432B.140,
Ê of a child
caused or allowed by a person responsible for the welfare of the child under
circumstances which indicate that the child’s health or welfare is harmed or
threatened with harm.
2. A child is not abused or neglected, nor
is the health or welfare of the child harmed or threatened for the sole reason
that:
(a) The parent of the child delivers the child to
a provider of emergency services pursuant to NRS
432B.630, if the parent complies with the requirements of paragraph (a) of
subsection 3 of that section; or
(b) The parent or guardian of the child, in good
faith, selects and depends upon nonmedical remedial treatment for such child,
if such treatment is recognized and permitted under the laws of this State in
lieu of medical treatment. This paragraph does not limit the court in ensuring
that a child receive a medical examination and treatment pursuant to NRS 62E.280.
3. As used in this section, “allow” means
to do nothing to prevent or stop the abuse or neglect of a child in
circumstances where the person knows or has reason to know that a child is
abused or neglected.
(Added to NRS by 1985, 1368; A 2001, 1255; 2003, 1149)
NRS 432B.030 “Agency which provides child welfare services” defined. “Agency which provides child welfare services”
means:
1. In a county whose population is less
than 100,000, the local office of the Division of Child and Family Services; or
2. In a county whose population is 100,000
or more, the agency of the county,
Ê which
provides or arranges for necessary child welfare services.
(Added to NRS by 1985, 1369; A 1993, 2705; 2001
Special Session, 34)
NRS 432B.035 “Central Registry” defined. “Central
Registry” has the meaning ascribed to it in NRS
432.0999.
(Added to NRS by 2013, 2875)
NRS 432B.040 “Child” defined. “Child”
means a person under the age of 18 years or, if in school, until graduation
from high school. The term does not include a child who remains under the
jurisdiction of the court pursuant to NRS 432B.594.
(Added to NRS by 1985, 1369; A 2011, 252)
NRS 432B.042 “Child protective services” defined. “Child
protective services” means services for the protection of children, including,
without limitation, investigations of abuse or neglect and assessments. The
term does not include foster care services or services related to adoption.
(Added to NRS by 2011, 2522)
NRS 432B.044 “Child welfare services” defined. “Child
welfare services” includes, without limitation:
1. Child protective services;
2. Foster care services, including,
without limitation, maintenance and special services, as defined in NRS 432.010; and
3. Services related to adoption.
(Added to NRS by 2001
Special Session, 34; A 2011, 2523)
NRS 432B.050 “Court” defined. “Court”
has the meaning ascribed to it in NRS
62A.180.
(Added to NRS by 1985, 1369; A 1991, 2186; 2003, 1149)
NRS 432B.060 “Custodian” defined. “Custodian”
means a person or a governmental organization, other than a parent or legal
guardian, who has been awarded legal custody of a child. The term does not
include a person or governmental organization who continues to provide services
to a child that remains under the jurisdiction of a court pursuant to NRS 432B.594.
(Added to NRS by 1985, 1369; A 2011, 252)
NRS 432B.065 “Division of Child and Family Services” defined. “Division of Child and Family Services” means
the Division of Child and Family Services of the Department of Health and Human
Services.
(Added to NRS by 1993, 2705)
NRS 432B.067 “Indian child” defined. “Indian
child” has the meaning ascribed to it in 25 U.S.C. § 1903.
(Added to NRS by 1995, 786)
NRS 432B.068 “Indian Child Welfare Act” defined. “Indian
Child Welfare Act” means the Indian Child Welfare Act of 1978 (25 U.S.C. §§
1901 et seq.).
(Added to NRS by 1995, 786)
NRS 432B.069 “Information maintained by an agency which provides child
welfare services” defined. “Information
maintained by an agency which provides child welfare services” means data or
information concerning reports and investigations made pursuant to this
chapter, including, without limitation, the name, address, date of birth,
social security number and the image or likeness of any child, family member of
any child and reporting party or source, whether primary or collateral.
(Added to NRS by 2013, 523)
NRS 432B.070 “Mental injury” defined. “Mental
injury” means an injury to the intellectual or psychological capacity or the
emotional condition of a child as evidenced by an observable and substantial
impairment of the ability of the child to function within a normal range of
performance or behavior.
(Added to NRS by 1985, 1369)
NRS 432B.080 “Parent” defined. “Parent”
means a natural or adoptive parent whose parental rights have not been
terminated.
(Added to NRS by 1985, 1369)
NRS 432B.090 “Physical injury” defined. “Physical
injury” includes, without limitation:
1. A sprain or dislocation;
2. Damage to cartilage;
3. A fracture of a bone or the skull;
4. An intracranial hemorrhage or injury to
another internal organ;
5. A burn or scalding;
6. A cut, laceration, puncture or bite;
7. Permanent or temporary disfigurement;
or
8. Permanent or temporary loss or
impairment of a part or organ of the body.
(Added to NRS by 1985, 1369; A 1997, 848)
NRS 432B.100 “Sexual abuse” defined. “Sexual
abuse” includes acts upon a child constituting:
1. Incest under NRS 201.180;
2. Lewdness with a child under NRS 201.230;
3. Sado-masochistic abuse under NRS 201.262;
4. Sexual assault under NRS 200.366;
5. Statutory sexual seduction under NRS 200.368;
6. Open or gross lewdness under NRS 201.210; and
7. Mutilation of the genitalia of a female
child, aiding, abetting, encouraging or participating in the mutilation of the
genitalia of a female child, or removal of a female child from this State for
the purpose of mutilating the genitalia of the child under NRS 200.5083.
(Added to NRS by 1985, 1369; A 1991, 54; 1997, 677; 2003, 1396)
NRS 432B.110 “Sexual exploitation” defined. “Sexual
exploitation” includes forcing, allowing or encouraging a child:
1. To solicit for or engage in
prostitution;
2. To view a pornographic film or
literature; and
3. To engage in:
(a) Filming, photographing or recording on
videotape; or
(b) Posing, modeling, depiction or a live
performance before an audience,
Ê which
involves the exhibition of a child’s genitals or any sexual conduct with a
child, as defined in NRS 200.700.
(Added to NRS by 1985, 1369)
NRS 432B.121 Definition of when person has “reasonable cause to believe” and
when person acts “as soon as reasonably practicable.” For
the purposes of this chapter, a person:
1. Has “reasonable cause to believe” if,
in light of all the surrounding facts and circumstances which are known or
which reasonably should be known to the person at the time, a reasonable person
would believe, under those facts and circumstances, that an act, transaction,
event, situation or condition exists, is occurring or has occurred.
2. Acts “as soon as reasonably practicable”
if, in light of all the surrounding facts and circumstances which are known or
which reasonably should be known to the person at the time, a reasonable person
would act within approximately the same period under those facts and
circumstances.
(Added to NRS by 1999, 3526)
NRS 432B.130 Persons responsible for child’s welfare. A person is responsible for a child’s welfare
under the provisions of this chapter if the person is the child’s parent,
guardian, a stepparent with whom the child lives, an adult person continually
or regularly found in the same household as the child, or a person directly
responsible or serving as a volunteer for or employed in a public or private
home, institution or facility where the child actually resides or is receiving
child care outside of the home for a portion of the day.
(Added to NRS by 1985, 1370; A 1989, 439; 2001
Special Session, 34)
NRS 432B.135 Child in custody of agency which provides child welfare services
deemed homeless in certain circumstances.
1. A child who is in the legal or physical
custody of an agency which provides child welfare services and is awaiting
foster care placement shall be deemed to be homeless for the purposes of the
federal McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. § 11301 et
seq., and any regulations adopted pursuant thereto. If a child is legally
adopted or ordered by a court of competent jurisdiction to a permanent
placement, the child is no longer deemed homeless for the purposes of the
federal McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. § 11301 et
seq., and any regulations adopted pursuant thereto.
2. For the purpose of this section,
“awaiting foster care placement” means the period during which a child is
removed from his or her home until he or she is legally adopted or enters a
permanent placement.
(Added to NRS by 2013, 523)
NRS 432B.140 Negligent treatment or maltreatment. Negligent
treatment or maltreatment of a child occurs if a child has been abandoned, is
without proper care, control and supervision or lacks the subsistence,
education, shelter, medical care or other care necessary for the well-being of
the child because of the faults or habits of the person responsible for the
welfare of the child or the neglect or refusal of the person to provide them
when able to do so.
(Added to NRS by 1985, 1370)
NRS 432B.150 Excessive corporal punishment may constitute abuse or neglect. Excessive corporal punishment may result in
physical or mental injury constituting abuse or neglect of a child under the
provisions of this chapter.
(Added to NRS by 1985, 1370)
NRS 432B.153 Presumptions concerning custody and visitation when parent of
child is convicted of first degree murder of other parent of child.
1. The conviction of the parent of a child
for murder of the first degree of the other parent of the child creates a
rebuttable presumption that sole or joint custody of the child by the convicted
parent is not in the best interest of the child. The rebuttable presumption may
be overcome only if:
(a) The court determines that:
(1) There is no other suitable guardian
for the child;
(2) The convicted parent is a suitable
guardian for the child; and
(3) The health, safety and welfare of the
child are not at risk; or
(b) The child is of suitable age to signify his
or her assent and assents to the order of the court awarding sole or joint
custody of the child to the convicted parent.
2. The conviction of the parent of a child
for murder of the first degree of the other parent of the child creates a
rebuttable presumption that rights to visitation with the child are not in the
best interest of the child and must not be granted if custody is not granted
pursuant to subsection 1. The rebuttable presumption may be overcome only if:
(a) The court determines that:
(1) The health, safety and welfare of the
child are not at risk; and
(2) It will be beneficial for the child to
have visitations with the convicted parent; or
(b) The child is of suitable age to signify his
or her assent and assents to the order of the court awarding rights to
visitation with the child to the convicted parent.
3. Until the court makes a determination
pursuant to this section, no person may bring the child into the presence of
the convicted parent without the consent of the legal guardian or custodian of
the child.
(Added to NRS by 1999, 743; A 1999, 2975)
NRS 432B.157 Presumption concerning custody when court determines that parent
or other person seeking custody of child is perpetrator of domestic violence.
1. Except as otherwise provided in NRS 125C.210 and 432B.153,
a determination by the court after an evidentiary hearing and finding by clear
and convincing evidence that either parent or any other person seeking custody of
a child has engaged in one or more acts of domestic violence against the child,
a parent of the child or any other person residing with the child creates a
rebuttable presumption that it is not in the best interest of the child for the
perpetrator of the domestic violence to have custody of the child. Upon making
such a determination, the court shall set forth:
(a) Findings of fact that support the
determination that one or more acts of domestic violence occurred; and
(b) Findings that the custody or visitation
arrangement ordered by the court adequately protects the child and the parent
or other victim of domestic violence who resided with the child.
2. If after an evidentiary hearing held
pursuant to subsection 1 the court determines that more than one party has
engaged in acts of domestic violence, it shall, if possible, determine which
person was the primary physical aggressor. In determining which party was the
primary physical aggressor for the purposes of this section, the court shall
consider:
(a) All prior acts of domestic violence involving
any of the parties;
(b) The relative severity of the injuries, if
any, inflicted upon the persons involved in those prior acts of domestic
violence;
(c) The likelihood of future injury;
(d) Whether, during the prior acts, one of the
parties acted in self-defense; and
(e) Any other factors that the court deems
relevant to the determination.
Ê In such a
case, if it is not possible for the court to determine which party is the
primary physical aggressor, the presumption created pursuant to subsection 1
applies to each of the parties. If it is possible for the court to determine
which party is the primary physical aggressor, the presumption created pursuant
to subsection 1 applies only to the party determined by the court to be the
primary physical aggressor.
3. A court, agency, institution or other
person who places a child in protective custody shall not release a child to
the custody of a person who a court has determined pursuant to subsection 1 has
engaged in one or more acts of domestic violence against the child, a parent of
the child or any other person residing with the child unless:
(a) A court determines that it is in the best
interest of the child for the perpetrator of the domestic violence to have
custody of the child; or
(b) Pursuant to the provisions of subsection 2,
the presumption created pursuant to subsection 1 does not apply to the person
to whom the court releases the child.
4. As used in this section, “domestic
violence” means the commission of any act described in NRS 33.018.
(Added to NRS by 1999, 743)
NRS 432B.159 Presumption concerning custody and visitation when parent or
other person seeking custody of child is perpetrator of any act of abduction
against the child.
1. A determination by the court after an
evidentiary hearing and finding by clear and convincing evidence that either parent
or any other person seeking custody of a child has committed any act of
abduction against the child or any other child creates a rebuttable presumption
that sole or joint custody or unsupervised visitation of the child by the
perpetrator of the abduction is not in the best interest of the child. If the
parent or other person seeking custody does not rebut the presumption, the
court shall not enter an order for sole or joint custody or unsupervised
visitation of the child by the perpetrator and the court shall set forth:
(a) Findings of fact that support the
determination that one or more acts of abduction occurred; and
(b) Findings that the custody or visitation
arrangement ordered by the court adequately protects the child and the parent
or other person from whom the child was abducted.
2. For purposes of subsection 1, any of
the following acts constitute conclusive evidence that an act of abduction
occurred:
(a) A conviction of the defendant of any
violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction
that prohibits the same or similar conduct;
(b) A plea of guilty or nolo contendere by the
defendant to any violation of NRS 200.310
to 200.340, inclusive, or 200.359 or a law of any other jurisdiction
that prohibits the same or similar conduct; or
(c) An admission by the defendant to the court of
the facts contained in the charging document alleging a violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction
that prohibits the same or similar conduct.
3. If, after a court enters a final order
concerning custody of the child, a magistrate determines there is probable
cause to believe that an act of abduction has been committed against the child
or any other child and that a person who has been awarded sole or joint custody
or unsupervised visitation of the child has committed the act, the court shall,
upon a motion to modify the order concerning custody, reconsider the previous
order concerning custody pursuant to subsections 1 and 2.
4. A court, agency, institution or other
person who places a child in protective custody shall not release a child to
the custody of a person who a court has determined pursuant to this section has
engaged in one or more acts of abduction against the child or any other child,
unless a court determines that it is in the best interest of the child for the
perpetrator of the abduction to have custody of the child.
5. As used in this section, “abduction”
means the commission of an act described in NRS
200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction
that prohibits the same or similar conduct.
(Added to NRS by 2009, 225)
NRS 432B.160 Immunity from civil or criminal liability; presumption.
1. Except as otherwise provided in
subsection 2, immunity from civil or criminal liability extends to every person
who in good faith:
(a) Makes a report pursuant to NRS 432B.220;
(b) Conducts an interview or allows an interview
to be taken pursuant to NRS 432B.270;
(c) Allows or takes photographs or X rays
pursuant to NRS 432B.270;
(d) Causes a medical test to be performed
pursuant to NRS 432B.270;
(e) Provides a record, or a copy thereof, of a
medical test performed pursuant to NRS 432B.270 to
an agency which provides child welfare services to the child, a law enforcement
agency that participated in the investigation of the report made pursuant to NRS 432B.220 or the prosecuting attorney’s office;
(f) Holds a child pursuant to NRS 432B.400, takes possession of a child pursuant to
NRS 432B.630 or places a child in protective
custody pursuant to any provision of this chapter;
(g) Performs any act pursuant to subsection 2 of NRS 432B.630;
(h) Refers a case or recommends the filing of a
petition pursuant to NRS 432B.380; or
(i) Participates in a judicial proceeding
resulting from a referral or recommendation.
2. The provisions of subsection 1 do not
confer any immunity from liability for the negligent performance of any act
pursuant to paragraph (b) of subsection 2 of NRS
432B.630.
3. In any proceeding to impose liability
against a person for:
(a) Making a report pursuant to NRS 432B.220; or
(b) Performing any act set forth in paragraphs
(b) to (i), inclusive, of subsection 1,
Ê there is a
presumption that the person acted in good faith.
(Added to NRS by 1985, 1378; A 1987, 1154; 1999, 60, 3526; 2001, 1256; 2001
Special Session, 34; 2005, 2031)
NRS 432B.165 Authority of agency which provides child welfare services and
other entities to provide information to assist in locating a missing child;
information not confidential.
1. For purposes of assisting in locating a
missing child who is the subject of an investigation of abuse or neglect and
who is in the protective custody of an agency which provides child welfare
services or in the custody of another entity pursuant to an order of the
juvenile court, an agency which provides child welfare services may provide the
following information to a federal, state or local governmental entity, or an
agency of such an entity, that needs access to the information to carry out its
legal responsibilities to protect children from abuse or neglect:
(a) The name of the child;
(b) The age of the child;
(c) A physical description of the child; and
(d) A photograph of the child.
2. Information provided pursuant to
subsection 1 is not confidential and may be disclosed to any member of the
general public upon request.
(Added to NRS by 2007, 193)
NRS 432B.170 Authority of agency which provides child welfare services to
share information with state or local agencies. Nothing
in the provisions of this chapter or NRS
432.0999 to 432.130, inclusive,
prohibits an agency which provides child welfare services from sharing
information with other state or local agencies if:
1. The purpose for sharing the information
is for the development of a plan for the care, treatment or supervision of a
child who has been abused or neglected, or an infant who is born and has been
affected by prenatal illegal substance abuse or has withdrawal symptoms
resulting from prenatal drug exposure or of a person responsible for the child’s
or infant’s welfare;
2. The other agency has standards for
confidentiality equivalent to those of the agency which provides child welfare
services; and
3. Proper safeguards are taken to ensure
the confidentiality of the information.
(Added to NRS by 1985, 1378; A 2001
Special Session, 35; 2005, 2031)
NRS 432B.175 Availability of data or information regarding fatality or near
fatality of child who is subject of report of abuse or neglect; limitation on
disclosure; regulations.
1. Data or information concerning reports
and investigations thereof made pursuant to this chapter must be made available
pursuant to this section to any member of the general public upon request if
the child who is the subject of a report of abuse or neglect suffered a
fatality or near fatality. Any such data and information which is known must be
made available not later than 48 hours after a fatality and not later than 5
business days after a near fatality. Except as otherwise provided in subsection
2, the data or information which must be disclosed includes, without limitation:
(a) A summary of the report of abuse or neglect
and a factual description of the contents of the report;
(b) The date of birth and gender of the child;
(c) The date that the child suffered the fatality
or near fatality;
(d) The cause of the fatality or near fatality,
if such information has been determined;
(e) Whether the agency which provides child
welfare services had any contact with the child or a member of the child’s
family or household before the fatality or near fatality and, if so:
(1) The frequency of any contact or
communication with the child or a member of the child’s family or household
before the fatality or near fatality and the date on which the last contact or
communication occurred before the fatality or near fatality;
(2) Whether the agency which provides
child welfare services provided any child welfare services to the child or to a
member of the child’s family or household before or at the time of the fatality
or near fatality;
(3) Whether the agency which provides
child welfare services made any referrals for child welfare services for the
child or for a member of the child’s family or household before or at the time
of the fatality or near fatality;
(4) Whether the agency which provides
child welfare services took any other actions concerning the welfare of the
child before or at the time of the fatality or near fatality; and
(5) A summary of the status of the child’s
case at the time of the fatality or near fatality, including, without
limitation, whether the child’s case was closed by the agency which provides
child welfare services before the fatality or near fatality and, if so, the
reasons that the case was closed; and
(f) Whether the agency which provides child
welfare services, in response to the fatality or near fatality:
(1) Has provided or intends to provide
child welfare services to the child or to a member of the child’s family or
household;
(2) Has made or intends to make a referral
for child welfare services for the child or for a member of the child’s family
or household; and
(3) Has taken or intends to take any other
action concerning the welfare and safety of the child or any member of the
child’s family or household.
2. An agency which provides child welfare
services shall not disclose the following data or information pursuant to
subsection 1:
(a) Except as otherwise provided in NRS 432B.290, data or information concerning the
identity of the person responsible for reporting the abuse or neglect of the
child to a public agency;
(b) The name of the child who suffered a near
fatality or the name of any member of the family or other person who lives in
the household of the child who suffered the fatality or near fatality;
(c) A privileged communication between an
attorney and client; and
(d) Information that may undermine a criminal
investigation or pending criminal prosecution.
3. The Division of Child and Family
Services shall adopt regulations to carry out the provisions of this section.
4. As used in this section, “near
fatality” means an act that places a child in serious or critical condition as
verified orally or in writing by a physician, a registered nurse or other
licensed provider of health care. Such verification may be given in person or
by telephone, mail, electronic mail or facsimile.
(Added to NRS by 2007, 194; A 2013, 523)
NRS 432B.178 Director of Department of Health and Human Services authorized
to create interagency committee to evaluate child welfare system in this State;
appointment of members; submission of written report.
1. The Director of the Department of Health
and Human Services may create an interagency committee to evaluate the child
welfare system in this State. Any such evaluation must include, without
limitation, a review of state laws to ensure that the state laws comply with
federal law and to ensure that the state laws reflect the current practices of
each agency which provides child welfare services and others involved in the
child welfare system.
2. The Director may appoint as many
members to the interagency committee as the Director deems appropriate except
that the members of such a committee must include, without limitation, at least
one person to represent:
(a) Each agency which provides child welfare
services;
(b) The Department of Education;
(c) The juvenile justice system;
(d) Law enforcement; and
(e) Providers of treatment or services for
persons in the child welfare system.
3. The interagency committee created
pursuant to subsection 1 shall, on or before January 1 of each odd-numbered
year after it is created, submit to the Director of the Legislative Counsel
Bureau a written report for transmittal to the Chairs of the Assembly and
Senate Standing Committees on Judiciary, the Chair of the Assembly Committee on
Health and Human Services and the Chair of the Senate Committee on Health and
Education.
(Added to NRS by 2009, 221;
A 2013,
3328)
ADMINISTRATION
General Provisions
NRS 432B.180 Duties of Division of Child and Family Services. The Division of Child and Family Services
shall:
1. Administer any money granted to the
State by the Federal Government.
2. Request appropriations from the
Legislature in amounts sufficient to:
(a) Provide block grants to an agency which
provides child welfare services in a county whose population is 100,000 or more
pursuant to NRS 432B.2185; and
(b) Administer a program to provide additional
incentive payments to such an agency pursuant to NRS
432B.2165.
3. Monitor the performance of an agency
which provides child welfare services in a county whose population is 100,000
or more through data collection, evaluation of services and the review and
approval of agency improvement plans pursuant to NRS
432B.2165.
4. Provide child welfare services directly
or arrange for the provision of those services in a county whose population is
less than 100,000.
5. Coordinate its activities with and
assist the efforts of any law enforcement agency, a court of competent
jurisdiction, an agency which provides child welfare services and any public or
private organization which provides social services for the prevention,
identification and treatment of abuse or neglect of children and for permanent
placement of children.
6. Involve communities in the improvement
of child welfare services.
7. Evaluate all child welfare services
provided throughout the State and, if an agency which provides child welfare
services is not in substantial compliance with any federal or state law
relating to the provision of child welfare services, regulations adopted pursuant
to those laws or statewide plans or policies relating to the provision of child
welfare services, require corrective action of the agency which provides child
welfare services.
8. Coordinate with and assist:
(a) Each agency which provides child welfare
services in recruiting, training and licensing providers of foster care as
defined in NRS 424.017;
(b) Each foster care agency licensed pursuant to NRS 424.093 to 424.270, inclusive, in screening,
recruiting, licensing and training providers of foster care as defined in NRS 424.017; and
(c) A nonprofit or community-based organization
in recruiting and training providers of foster care as defined in NRS 424.017 if the Division determines
that the organization provides a level of training that is equivalent to the
level of training provided by an agency which provides child welfare services.
(Added to NRS by 1985, 1370; A 1987, 1439; 1993, 2705; 2001
Special Session, 35; 2007, 543, 1501; 2009, 1489;
2011, 2496;
2013, 1453)
NRS 432B.190 Regulations to be adopted by Division of Child and Family
Services. The Division of Child
and Family Services shall, in consultation with each agency which provides
child welfare services, adopt:
1. Regulations establishing reasonable and
uniform standards for:
(a) Child welfare services provided in this
State;
(b) Programs for the prevention of abuse or
neglect of a child and the achievement of the permanent placement of a child;
(c) The development of local councils involving
public and private organizations;
(d) Reports of abuse or neglect, records of these
reports and the response to these reports;
(e) Carrying out the provisions of NRS 432B.260, including, without limitation, the
qualifications of persons with whom agencies which provide child welfare
services enter into agreements to provide services to children and families;
(f) The management and assessment of reported
cases of abuse or neglect;
(g) The protection of the legal rights of parents
and children;
(h) Emergency shelter for a child;
(i) The prevention, identification and correction
of abuse or neglect of a child in residential institutions;
(j) Developing and distributing to persons who
are responsible for a child’s welfare a pamphlet that is written in language
which is easy to understand, is available in English and in any other language
the Division determines is appropriate based on the demographic characteristics
of this State and sets forth:
(1) Contact information regarding persons
and governmental entities which provide assistance to persons who are
responsible for the welfare of children, including, without limitation, persons
and entities which provide assistance to persons who are being investigated for
allegedly abusing or neglecting a child;
(2) The procedures for taking a child for
placement in protective custody; and
(3) The state and federal legal rights of:
(I) A person who is responsible for
a child’s welfare and who is the subject of an investigation of alleged abuse
or neglect of a child, including, without limitation, the legal rights of such
a person at the time an agency which provides child welfare services makes
initial contact with the person in the course of the investigation and at the
time the agency takes the child for placement in protective custody, and the
legal right of such a person to be informed of any allegation of abuse or
neglect of a child which is made against the person at the initial time of
contact with the person by the agency; and
(II) Persons who are parties to a
proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the
proceeding; and
(k) Making the necessary inquiries required
pursuant to NRS 432B.397 to determine whether a
child is an Indian child.
2. Regulations, which are applicable to
any person who is authorized to place a child in protective custody without the
consent of the person responsible for the child’s welfare, setting forth
reasonable and uniform standards for establishing whether immediate action is
necessary to protect the child from injury, abuse or neglect for the purposes
of determining whether to place the child into protective custody pursuant to NRS 432B.390. Such standards must consider the
potential harm to the child in remaining in his or her home, including, without
limitation:
(a) Circumstances in which a threat of harm
suggests that a child is in imminent danger of serious harm.
(b) The conditions or behaviors of the child’s
family which threaten the safety of the child who is unable to protect himself
or herself and who is dependent on others for protection, including, without
limitation, conditions or behaviors that are beyond the control of the
caregiver of the child and create an imminent threat of serious harm to the
child.
Ê The Division
of Child and Family Services shall ensure that the appropriate persons or
entities to whom the regulations adopted pursuant to this subsection apply are
provided with a copy of such regulations. As used in this subsection, “serious
harm” includes the threat or evidence of serious physical injury, sexual abuse,
significant pain or mental suffering, extreme fear or terror, extreme
impairment or disability, death, substantial impairment or risk of substantial
impairment to the child’s mental or physical health or development.
3. Such other regulations as are necessary
for the administration of NRS 432B.010 to 432B.606, inclusive.
(Added to NRS by 1985, 1370; A 1987, 1439; 1991, 922; 1993, 2706; 1995, 787; 1997, 2471; 2001, 1700, 1839, 1850; 2001
Special Session, 36; 2003, 236, 251, 650; 2005, 2094; 2007, 1086, 1502; 2011, 2673)
NRS 432B.195 Agency which provides child welfare services required to provide
training to certain employees concerning rights of certain persons responsible
for child’s welfare; employees not required or authorized to offer legal
advice, legal assistance or legal interpretation of state or federal laws.
1. An agency which provides child welfare
services shall provide training to each person who is employed by the agency
and who provides child welfare services. Such training must include, without
limitation, instruction concerning the applicable state and federal
constitutional and statutory rights of a person who is responsible for a
child’s welfare and who is:
(a) The subject of an investigation of alleged
abuse or neglect of a child; or
(b) A party to a proceeding concerning the
alleged abuse or neglect of a child pursuant to NRS
432B.410 to 432B.590, inclusive.
2. Nothing in this section shall be
construed as requiring or authorizing a person who is employed by an agency
which provides child welfare services to offer legal advice, legal assistance
or legal interpretation of state or federal statutes or laws.
(Added to NRS by 2005, 2093)
NRS 432B.197 Agency which provides child welfare services required to
establish policies to ensure that children in custody of agency have access to
and safe administration of clinically appropriate psychotropic medication. Each agency which provides child welfare
services shall establish appropriate policies to ensure that children in the
custody of the agency have timely access to and safe administration of
clinically appropriate psychotropic medication. The policies must include,
without limitation, policies concerning:
1. The use of psychotropic medication in a
manner that has not been tested or approved by the United States Food and Drug
Administration, including, without limitation, the use of such medication for a
child who is of an age that has not been tested or approved or who has a
condition for which the use of the medication has not been tested or approved;
2. Prescribing any psychotropic medication
for use by a child who is less than 4 years of age;
3. The concurrent use by a child of three
or more classes of psychotropic medication;
4. The concurrent use by a child of two
psychotropic medications of the same class; and
5. The criteria for nominating persons who
are legally responsible for the psychiatric care of children in the custody of
agencies which provide child welfare services pursuant to NRS 432B.4681 to 432B.469,
inclusive, and the policies adopted pursuant to this section.
(Added to NRS by 2009, 410;
A 2011,
2675)
NRS 432B.198 Employment with agency which provides child welfare services:
Background investigation required; periodic additional investigations.
1. An agency which provides child welfare
services shall secure from appropriate law enforcement agencies information on
the background and personal history of each applicant for employment with the
agency, and each employee of the agency, to determine:
(a) Whether the applicant or employee has been
convicted of:
(1) Murder, voluntary manslaughter,
involuntary manslaughter or mayhem;
(2) Any felony involving the use or
threatened use of force or violence or the use of a firearm or other deadly
weapon;
(3) Assault with intent to kill or to
commit sexual assault or mayhem;
(4) Battery which results in substantial
bodily harm to the victim;
(5) Battery that constitutes domestic
violence that is punishable as a felony;
(6) Battery that constitutes domestic
violence, other than a battery described in subparagraph (5), within the
immediately preceding 3 years;
(7) Sexual assault, statutory sexual
seduction, incest, lewdness, indecent exposure or an offense involving
pornography and a minor;
(8) A crime involving pandering or
prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;
(9) Abuse or neglect of a child,
including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 or contributory delinquency;
(10) A violation of any federal or state
law regulating the possession, distribution or use of any controlled substance
or any dangerous drug as defined in chapter 454
of NRS;
(11) A violation of any federal or state
law prohibiting driving or being in actual physical control of a vehicle while
under the influence of intoxicating liquor or a controlled substance that is
punishable as a felony;
(12) A violation of any federal or state
law prohibiting driving or being in actual physical control of a vehicle while
under the influence of intoxicating liquor or a controlled substance, other
than a violation described in subparagraph (11), within the immediately
preceding 3 years;
(13) Abuse, neglect, exploitation or
isolation of older persons or vulnerable persons, including, without
limitation, a violation of any provision of NRS
200.5091 to 200.50995, inclusive,
or a law of any other jurisdiction that prohibits the same or similar conduct;
or
(14) Any offense involving arson, fraud,
theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation
of property or perjury within the immediately preceding 7 years; or
(b) Whether there are criminal charges pending
against the applicant or employee for a violation of an offense listed in
paragraph (a).
2. An agency which provides child welfare
services shall request information from:
(a) The Statewide Central Registry concerning an
applicant for employment with the agency, or an employee of the agency, to
determine whether there has been a substantiated report of child abuse or
neglect made against the applicant or employee; and
(b) The central registry of information
concerning the abuse or neglect of a child established by any other state in
which the applicant or employee resided within the immediately preceding 5
years to ensure satisfactory clearance with that registry.
3. Each applicant for employment with an
agency which provides child welfare services, and each employee of an agency
which provides child welfare services, must submit to the agency:
(a) A complete set of his or her fingerprints and
written authorization to forward those fingerprints to the Central Repository
for Nevada Records of Criminal History for submission to the Federal Bureau of
Investigation for its report; and
(b) Written authorization for the agency to
obtain any information that may be available from the Statewide Central
Registry or the central registry of information concerning the abuse or neglect
of a child established by any other state in which the applicant or employee
resided within the immediately preceding 5 years.
4. An agency which provides child welfare
services may exchange with the Central Repository or the Federal Bureau of
Investigation any information concerning the fingerprints submitted pursuant to
this section.
5. When a report from the Federal Bureau
of Investigation is received by the Central Repository, the Central Repository
shall immediately forward a copy of the report to the agency which provides
child welfare services for a determination of whether the applicant or employee
has criminal charges pending against him or her for a crime listed in paragraph
(a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of
subsection 1.
6. An agency which provides child welfare
services shall conduct an investigation of each employee of the agency pursuant
to this section at least once every 5 years after the initial investigation.
7. As used in this section, “Statewide
Central Registry” means the Statewide Central Registry for the Collection of
Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.
(Added to NRS by 2013, 465)
NRS 432B.199 Employment with agency which provides child welfare services:
Termination of employee charged with or convicted of certain crimes; correction
of information.
1. If the report from the Federal Bureau
of Investigation forwarded to an agency which provides child welfare services
pursuant to subsection 5 of NRS 432B.198, the
information received by an agency which provides child welfare services
pursuant to subsection 2 of NRS 432B.198 or
evidence from any other source indicates that an applicant for employment with
the agency, or an employee of the agency:
(a) Has charges pending against him or her for a
crime listed in paragraph (a) of subsection 1 of NRS
432B.198, the agency may deny employment to the applicant or terminate the
employment of the employee after allowing the applicant or employee time to
correct the information as required pursuant to subsection 2 or 3, whichever is
applicable; or
(b) Has been convicted of a crime listed in
paragraph (a) of subsection 1 of NRS 432B.198, has
had a substantiated report of child abuse or neglect made against him or her or
has not been satisfactorily cleared by a central registry described in
paragraph (b) of subsection 2 of NRS 432B.198, the
agency shall deny employment to the applicant or terminate the employment of
the employee after allowing the applicant or employee time to correct the
information as required pursuant to subsection 2 or 3, whichever is applicable.
2. If an applicant for employment or an
employee believes that the information in the report from the Federal Bureau of
Investigation forwarded to the agency which provides child welfare services
pursuant to subsection 5 of NRS 432B.198 is
incorrect, the applicant or employee must inform the agency immediately. An
agency that provides child welfare services that is so informed shall give the
applicant or employee a reasonable amount of time of not less than 30 days to
correct the information.
3. If an applicant for employment or an
employee believes that the information received by an agency which provides
child welfare services pursuant to subsection 2 of NRS
432B.198 is incorrect, the applicant or employee must inform the agency
immediately. An agency which provides child welfare services that is so
informed shall give the applicant or employee a reasonable amount of time of
not less than 60 days to correct the information.
4. During the period in which an applicant
or employee seeks to correct information pursuant to subsection 2 or 3, the
applicant or employee:
(a) Shall not have contact with a child or a
relative or guardian of the child in the course of performing any duties as an
employee of the agency which provides child welfare services.
(b) May be placed on leave without pay.
5. The provisions of subsection 4 must not
be construed as preventing an agency which provides child welfare services from
initiating internal disciplinary procedures against an employee during the
period in which an employee seeks to correct information pursuant to subsection
2 or 3.
(Added to NRS by 2013, 466)
NRS 432B.200 Toll-free telephone number for reports of abuse or neglect. The Division of Child and Family Services
shall establish and maintain a center with a toll-free telephone number to
receive reports of abuse or neglect of a child in this State 24 hours a day, 7
days a week. Any reports made to this center must be promptly transmitted to
the agency which provides child welfare services in the community where the
child is located.
(Added to NRS by 1985, 1371; A 1993, 2706; 2001
Special Session, 36)
NRS 432B.210 State, political subdivisions and agencies to cooperate with
agencies which provide child welfare services. An
agency which provides child welfare services must receive from the State, any
of its political subdivisions or any agency of either, any cooperation,
assistance and information it requests in order to fulfill its responsibilities
under this chapter and NRS 432.0999 to
432.130, inclusive.
(Added to NRS by 1985, 1379; A 2001
Special Session, 36)
NRS 432B.215 Acquisition and use of information concerning probationers and
parolees.
1. An agency which provides child welfare
services may request the Division of Parole and Probation of the Department of
Public Safety to provide information concerning a probationer or parolee that
may assist the agency in carrying out the provisions of this chapter. The
Division of Parole and Probation shall provide such information upon request.
2. The agency which provides child welfare
services may use the information obtained pursuant to subsection 1 only for the
limited purpose of carrying out the provisions of this chapter.
(Added to NRS by 1997, 835; A 2001, 2612; 2001
Special Session, 36; 2003, 236)
Corrective Action, Improvement Plans and Incentive
Payments
NRS 432B.2155 Corrective action or corrective action plan to be carried out by
agency which provides child welfare services when necessary; consequences of
failing to carry out action or plan within required period; Division of Child
and Family Services to adopt regulations.
1. When the Division of Child and Family
Services determines pursuant to subsection 7 of NRS
432B.180 that corrective action by an agency which provides child welfare
services is necessary, the Division shall notify the agency which provides
child welfare services of the specific areas in which the agency is in
noncompliance with the federal or state laws, regulations adopted pursuant to
such laws or statewide plans or policies and inform the agency which provides
child welfare services that it must, within 60 days, carry out the corrective
action or develop a corrective action plan.
2. The Division of Child and Family
Services shall determine whether to approve a corrective action plan submitted
pursuant to subsection 1 within 30 days after receipt. If the Division of Child
and Family Services does not approve the plan, the Division of Child and Family
Services must notify the agency which provides child welfare services of the
deficiencies and allow the agency which provides child welfare services 30 days
in which to submit a revised corrective action plan for reconsideration. If a revised
corrective action plan is not resubmitted within 30 days, the Division may take
any of the actions set forth in subsection 4.
3. After the Division of Child and Family
Services approves a corrective action plan, the agency which provides child
welfare services must carry out the plan within 90 days.
4. If the agency which provides child
welfare services fails to take corrective action or to carry out a corrective
action plan within the required period, the Division of Child and Family
Services may take one or more of the following actions:
(a) Withhold money from the agency which provides
child welfare services;
(b) Impose an administrative fine against the
agency which provides child welfare services;
(c) Provide the agency which provides child
welfare services with direct supervision and recover the cost and expenses
incurred by the Division in providing such supervision; and
(d) Require the agency which provides child
welfare services to determine whether it is necessary to impose disciplinary
action that is consistent with the personnel rules of the agency which provides
child welfare services against an employee who substantially contributed to the
noncompliance of the agency which provides child welfare services with the
federal or state laws, regulations adopted pursuant to such laws or statewide
plans or policies, including, without limitation, suspension of the employee
without pay, if appropriate.
5. The Division of Child and Family
Services shall adopt regulations to carry out the provisions of this section,
including, without limitation, regulations which prescribe the circumstances
under which action must be taken against an agency which provides child welfare
services for failure to take corrective action and which specify that any such
action by the Division must not impede the provision of child welfare services.
6. The Division of Child and Family
Services shall deposit any money received from the administrative fines imposed
pursuant to this section with the State Treasurer for credit to the State
General Fund. The State Treasurer shall account separately for the money
deposited pursuant to this subsection. The money in the account may only be
used by the Division to improve the provision of child welfare services in this
State, including, without limitation:
(a) To pay the costs associated with providing
training and technical assistance and conducting quality improvement activities
for an agency which provides child welfare services to assist the agency in any
area in which the agency has failed to take corrective action; and
(b) Hiring a qualified consultant to conduct such
training, technical assistance and quality improvement activities.
(Added to NRS by 2011, 2492)
NRS 432B.216 Agency which provides child welfare services to submit biennial
improvement plan; agency to solicit input regarding plan; requirements of plan;
agency to submit annual data to Division of Child and Family Services.
1. Each agency which provides child
welfare services shall submit an improvement plan to the Division of Child and
Family Services on or before January 1 of each odd-numbered year.
2. Before submitting an improvement plan
pursuant to subsection 1, the agency must solicit public input regarding the
proposed improvement plan. The agency which provides child welfare services
shall submit with the improvement plan an explanation of the manner in which
the agency solicited such public input and a summary of any input received.
3. The improvement plan must cover a
period of 2 years and include, without limitation:
(a) Specific performance targets for improving
the safety, permanency and well-being of the children in the care of the agency
which provides child welfare services; and
(b) The approach that the agency which provides
child welfare services will take to achieve the specific performance targets,
including, without limitation, specific strategies that will be used.
4. On or before December 31 of each year,
the agency which provides child welfare services must submit to the Division of
Child and Family Services data demonstrating the progress that the agency which
provides child welfare services has made towards meeting the specific
performance targets set forth in the improvement plan submitted pursuant to
subsection 1.
(Added to NRS by 2011, 2493)
NRS 432B.2165 Division of Child and Family Services to administer program to
award incentive payment to agency which provides child welfare services in a
county whose population is 100,000 or more; application for incentive payment;
approval and denial of incentive payment.
1. The Division of Child and Family
Services shall administer a program to award incentive payments to an agency
which provides child welfare services in a county whose population is 100,000
or more.
2. On or before May 1 of each year, an
agency which provides child welfare services may submit an application to the
Division of Child and Family Services for an incentive payment.
3. The application for an incentive
payment must include, without limitation:
(a) A description of the specific goal that the
agency which provides child welfare services agrees to achieve by June 30 of
the following year if the incentive payment is awarded;
(b) Baseline data to support the need to achieve
the specific goal and which will provide a manner in which to measure whether
the goal is achieved or to determine the percentage of the goal that is
achieved; and
(c) The amount requested by the agency which
provides child welfare services as an incentive payment.
4. If the Division of Child and Family
Services does not approve the application, the Division must notify the agency
which provides child welfare services of the specific deficiencies in the
application and allow the agency to resubmit the application within 30 days.
5. If the Division of Child and Family
Services approves the application, the Division of Child and Family Services
shall, to the extent that money is available for that purpose, award an
incentive payment to the agency which provides child welfare services for the
fiscal year beginning on July 1 of the year in which the application is
submitted.
(Added to NRS by 2011, 2494)
NRS 432B.217 Application by agency which provides child welfare services for
incentive payment in subsequent years; approval of application; amount of
subsequent incentive payment.
1. Each year following the award of an
incentive payment pursuant to NRS 432B.2165, the
agency which provides child welfare services may submit an application on or
before May 1 for an incentive payment to be awarded for the next fiscal year
beginning on July 1 following approval of the application.
2. The agency which provides child welfare
services shall submit the application in the manner set forth in NRS 432B.2165 and must, in addition to the
information required pursuant to NRS 432B.2165,
include an estimate of the percentage of the goals established in the prior
application that will be achieved by the agency which provides child welfare
services by June 30.
3. If the Division of Child and Family
Services approves the application, the Division shall, to the extent that money
has been made available for that purpose, award an incentive payment to the
agency which provides child welfare services for the fiscal year beginning on
July 1 of the year in which the application is submitted in an amount not to
exceed a percentage of the amount awarded for the current fiscal year as
determined pursuant to subsection 4.
4. The amount of an incentive payment that
may be awarded for the next fiscal year pursuant to this section must be
determined by multiplying the amount awarded for the current fiscal year by the
percentage point of completion of the goal established for the current fiscal
year, up to a maximum of 100 percent of the amount of the incentive payment
awarded for the current fiscal year.
(Added to NRS by 2011, 2494)
NRS 432B.2175 Agency which provides child welfare services that receives
incentive payment to submit report to Division of Child and Family Services
demonstrating percentage of goal achieved.
1. On or before September 1 of the year
following the year in which an agency which provides child welfare services is
awarded an incentive payment from the program established pursuant to NRS 432B.2165, the agency which provides child
welfare services shall submit to the Division of Child and Family Services a
report which demonstrates whether the goal established pursuant to NRS 432B.2165 was achieved and, if not, the
percentage of the goal that was achieved by June 30 of the fiscal year in which
the incentive payment was awarded.
2. If the report submitted pursuant to
subsection 1 demonstrates that the agency which provides child welfare services
achieved:
(a) A greater percentage of the goal than
estimated pursuant to NRS 432B.217, the Division
of Child and Family Services shall increase the incentive payment to the agency
which provides child welfare services by an amount equal to the additional
amount that should have been awarded pursuant to subsection 4 of NRS 432B.217; or
(b) A lower percentage of the goal than estimated
pursuant to NRS 432B.217, the agency which
provides child welfare services shall reimburse to the Division an amount equal
to the additional amount that should not have been awarded pursuant to
subsection 4 of NRS 432B.217.
(Added to NRS by 2011, 2495)
NRS 432B.218 Annual report to Governor and Legislature concerning achievement
of specific performance targets in improvement plans and specific goals
established to receive incentive payment. On
or before January 31 of each year, the Division of Child and Family Services
shall prepare and submit a report to the Governor and the Legislature which
includes, without limitation, information concerning:
1. The progress made by each agency which
provides child welfare services in a county whose population is 100,000 or more
toward achieving the specific performance targets set forth in an improvement
plan submitted by the agency pursuant to NRS 432B.216;
and
2. Whether the agency which provides child
welfare services in a county whose population is 100,000 or more achieved the
specific goal established pursuant to NRS 432B.2165
during the previous fiscal year and, if not, the percentage of the goal that
was achieved.
(Added to NRS by 2011, 2495)
Grants to Agency Which Provides Child Welfare Services
NRS 432B.2185 Block grant awarded to agency which provides child welfare
services in county whose population is 100,000 or more; amount and use of block
grant.
1. The Division of Child and Family
Services shall award a block grant to each agency which provides child welfare
services in a county whose population is 100,000 or more for each fiscal year
to the extent that money has been appropriated to the Division for that
purpose. The amount of the appropriation to the Division of Child and Family
Services must be based on the amount appropriated for the previous biennium.
The amount of the block grant must be determined for 2 years beginning on July
1 of each odd-numbered year and allocated each fiscal year.
2. An agency which provides child welfare
services that receives a block grant pursuant to subsection 1 may use the money
allocated for any costs of providing child welfare services without
restriction, the agency which provides child welfare services is not required
to return any money remaining from that allocation at the end of the fiscal
year, and the money does not revert to the State General Fund.
3. If the board of county commissioners of
a county whose population is 100,000 or more appropriates to the agency which
provides child welfare services for the county an amount less than the amount
appropriated to the agency for the fiscal year beginning on July 1, 2010, the
Division of Child and Family Services must reduce the amount of the block grant
awarded pursuant to subsection 1 by an equal amount.
(Added to NRS by 2011, 2495)
NRS 432B.219 Categorical grants for adoption assistance programs;
determination of amount; restrictions on use.
1. The Division of Child and Family
Services shall provide a categorical grant to each agency which provides child
welfare services for each fiscal year for its adoption assistance program to
the extent that money has been appropriated to the Division for that purpose.
The amount of the grant must be based upon the estimated cost of the projected
growth in the adoption assistance program.
2. The amount of the grant awarded
pursuant to subsection 1 must be determined for 2 years beginning on July 1 of
each odd-numbered year and allocated each fiscal year.
3. An agency which provides child welfare
services that receives a grant pursuant to subsection 1 must use the money
allocated only for costs associated with the adoption assistance program. Any
money from the grant awarded pursuant to subsection 1 that has not been used or
committed for expenditure by the agency which provides child welfare services
by the end of the fiscal year reverts to the State General Fund.
(Added to NRS by 2011, 2496)
REPORTS OF ABUSE OR NEGLECT; REPORTS OF PRENATAL ILLEGAL
SUBSTANCE ABUSE
NRS 432B.220 Persons required to make report; when and to whom reports are
required; any person may make report; report and written findings if reasonable
cause to believe death of child caused by abuse or neglect; certain persons and
entities required to inform reporters of duty to report.
1. Any person who is described in
subsection 4 and who, in his or her professional or occupational capacity,
knows or has reasonable cause to believe that a child has been abused or
neglected shall:
(a) Except as otherwise provided in subsection 2,
report the abuse or neglect of the child to an agency which provides child
welfare services or to a law enforcement agency; and
(b) Make such a report as soon as reasonably
practicable but not later than 24 hours after the person knows or has
reasonable cause to believe that the child has been abused or neglected.
2. If a person who is required to make a
report pursuant to subsection 1 knows or has reasonable cause to believe that
the abuse or neglect of the child involves an act or omission of:
(a) A person directly responsible or serving as a
volunteer for or an employee of a public or private home, institution or
facility where the child is receiving child care outside of the home for a
portion of the day, the person shall make the report to a law enforcement
agency.
(b) An agency which provides child welfare
services or a law enforcement agency, the person shall make the report to an
agency other than the one alleged to have committed the act or omission, and
the investigation of the abuse or neglect of the child must be made by an
agency other than the one alleged to have committed the act or omission.
3. Any person who is described in
paragraph (a) of subsection 4 who delivers or provides medical services to a
newborn infant and who, in his or her professional or occupational capacity,
knows or has reasonable cause to believe that the newborn infant has been
affected by prenatal illegal substance abuse or has withdrawal symptoms
resulting from prenatal drug exposure shall, as soon as reasonably practicable
but not later than 24 hours after the person knows or has reasonable cause to
believe that the newborn infant is so affected or has such symptoms, notify an
agency which provides child welfare services of the condition of the infant and
refer each person who is responsible for the welfare of the infant to an agency
which provides child welfare services for appropriate counseling, training or
other services. A notification and referral to an agency which provides child
welfare services pursuant to this subsection shall not be construed to require
prosecution for any illegal action.
4. A report must be made pursuant to
subsection 1 by the following persons:
(a) A person providing services licensed or
certified in this State pursuant to, without limitation, chapter 450B, 630,
630A, 631,
632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 640B, 640C,
640D, 640E,
641, 641A,
641B or 641C
of NRS.
(b) Any personnel of a medical facility licensed
pursuant to chapter 449 of NRS who are
engaged in the admission, examination, care or treatment of persons or an
administrator, manager or other person in charge of such a medical facility
upon notification of suspected abuse or neglect of a child by a member of the
staff of the medical facility.
(c) A coroner.
(d) A member of the clergy, practitioner of
Christian Science or religious healer, unless the person has acquired the
knowledge of the abuse or neglect from the offender during a confession.
(e) A person working in a school who is licensed
or endorsed pursuant to chapter 391 or 641B of NRS.
(f) Any person who maintains or is employed by a
facility or establishment that provides care for children, children’s camp or
other public or private facility, institution or agency furnishing care to a
child.
(g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.
(h) Any officer or employee of a law enforcement
agency or an adult or juvenile probation officer.
(i) Except as otherwise provided in NRS 432B.225, an attorney.
(j) Any person who maintains, is employed by or
serves as a volunteer for an agency or service which advises persons regarding
abuse or neglect of a child and refers them to persons and agencies where their
requests and needs can be met.
(k) Any person who is employed by or serves as a
volunteer for a youth shelter. As used in this paragraph, “youth shelter” has
the meaning ascribed to it in NRS 244.427.
(l) Any adult person who is employed by an entity
that provides organized activities for children.
5. A report may be made by any other
person.
6. If a person who is required to make a
report pursuant to subsection 1 knows or has reasonable cause to believe that a
child has died as a result of abuse or neglect, the person shall, as soon as
reasonably practicable, report this belief to an agency which provides child
welfare services or a law enforcement agency. If such a report is made to a law
enforcement agency, the law enforcement agency shall notify an agency which
provides child welfare services and the appropriate medical examiner or coroner
of the report. If such a report is made to an agency which provides child
welfare services, the agency which provides child welfare services shall notify
the appropriate medical examiner or coroner of the report. The medical examiner
or coroner who is notified of a report pursuant to this subsection shall
investigate the report and submit his or her written findings to the
appropriate agency which provides child welfare services, the appropriate
district attorney and a law enforcement agency. The written findings must
include, if obtainable, the information required pursuant to the provisions of
subsection 2 of NRS 432B.230.
7. The agency, board, bureau, commission,
department, division or political subdivision of the State responsible for the
licensure, certification or endorsement of a person who is described in
subsection 4 and who is required in his or her professional or occupational
capacity to be licensed, certified or endorsed in this State shall, at the time
of initial licensure, certification or endorsement:
(a) Inform the person, in writing or by
electronic communication, of his or her duty as a mandatory reporter pursuant
to this section;
(b) Obtain a written acknowledgment or electronic
record from the person that he or she has been informed of his or her duty
pursuant to this section; and
(c) Maintain a copy of the written acknowledgment
or electronic record for as long as the person is licensed, certified or
endorsed in this State.
8. The employer of a person who is
described in subsection 4 and who is not required in his or her professional or
occupational capacity to be licensed, certified or endorsed in this State must,
upon initial employment of the person:
(a) Inform the person, in writing or by
electronic communication, of his or her duty as a mandatory reporter pursuant
to this section;
(b) Obtain a written acknowledgment or electronic
record from the person that he or she has been informed of his or her duty
pursuant to this section; and
(c) Maintain a copy of the written acknowledgment
or electronic record for as long as the person is employed by the employer.
(Added to NRS by 1985, 1371; A 1987, 2132, 2220; 1989, 439; 1993, 2229; 1999, 3526; 2001, 780, 1150; 2001
Special Session, 37; 2003, 910, 1211; 2005, 2031; 2007, 1503, 1853, 3084; 2009, 2996;
2011, 791,
1097; 2013, 957, 1086)
NRS 432B.225 Attorney prohibited from reporting abuse or neglect of child in
certain circumstances.
1. Notwithstanding the provisions of NRS 432B.220, an attorney shall not make a report of
the abuse or neglect of a child if the attorney acquired knowledge of the abuse
or neglect from a client during a privileged communication if the client:
(a) Has been or may be accused of committing the
abuse or neglect; or
(b) Is the victim of the abuse or neglect, is in
foster care and did not give consent to the attorney to report the abuse or
neglect.
2. Nothing in this section shall be
construed as relieving an attorney from:
(a) Except as otherwise provided in subsection 1,
the duty to report the abuse or neglect of a child pursuant to NRS 432B.220; or
(b) Complying with any ethical duties of
attorneys as set forth in the Nevada Rules of Professional Conduct, including,
without limitation, any duty to take reasonably necessary actions to protect
the client of the attorney if the client is not capable of making adequately
considered decisions because of age, mental impairment or any other reason.
Such actions may include, without limitation, consulting with other persons who
may take actions to protect the client and, when appropriate, seeking the
appointment of a guardian ad litem, conservator or guardian.
(Added to NRS by 2013, 1085)
NRS 432B.230 Method of making report; contents.
1. A person may make a report pursuant to NRS 432B.220 by telephone or, in light of all the
surrounding facts and circumstances which are known or which reasonably should
be known to the person at the time, by any other means of oral, written or
electronic communication that a reasonable person would believe, under those
facts and circumstances, is a reliable and swift means of communicating
information to the person who receives the report. If the report is made
orally, the person who receives the report must reduce it to writing as soon as
reasonably practicable.
2. The report must contain the following
information, if obtainable:
(a) The name, address, age and sex of the child;
(b) The name and address of the child’s parents
or other person responsible for the care of the child;
(c) The nature and extent of the abuse or neglect
of the child, the effect of prenatal illegal substance abuse on the newborn
infant or the nature of the withdrawal symptoms resulting from prenatal drug
exposure of the newborn infant;
(d) Any evidence of previously known or
suspected:
(1) Abuse or neglect of the child or the
child’s siblings; or
(2) Effects of prenatal illegal substance
abuse on or evidence of withdrawal symptoms resulting from prenatal drug
exposure of the newborn infant;
(e) The name, address and relationship, if known,
of the person who is alleged to have abused or neglected the child; and
(f) Any other information known to the person
making the report that the agency which provides child welfare services
considers necessary.
(Added to NRS by 1985, 1372; A 1999, 3528; 2001
Special Session, 38; 2005, 2033)
NRS 432B.240 Penalty for failure to make report. Any
person who knowingly and willfully violates the provisions of NRS 432B.220 is guilty of:
1. For the first violation, a misdemeanor.
2. For each subsequent violation, a gross
misdemeanor.
(Added to NRS by 1985, 1373; A 2013, 1088)
NRS 432B.250 Persons required to report prohibited from invoking certain
privileges. Any person who is
required to make a report pursuant to NRS 432B.220
may not invoke any of the privileges set forth in chapter
49 of NRS:
1. For failure to make a report pursuant
to NRS 432B.220;
2. In cooperating with an agency which
provides child welfare services or a guardian ad litem for a child; or
3. In any proceeding held pursuant to NRS 432B.410 to 432B.590,
inclusive.
(Added to NRS by 1985, 1378; A 1999, 3528; 2001
Special Session, 38; 2003, 590)
NRS 432B.255 Admissibility of evidence. In
any proceeding resulting from a report made or action taken pursuant to the
provisions of NRS 432B.220, 432B.230 or 432B.340 or
in any proceeding where such report or the contents thereof is sought to be
introduced in evidence, such report or contents or any other fact or facts
related thereto or to the condition of the child who is the subject of the
report shall not be excluded on the ground that the matter would otherwise be
privileged against disclosure under chapter 49
of NRS.
(Added to NRS by 1965, 548; A 1971, 804)—(Substituted
in revision for NRS 200.506)
NRS 432B.260 Action upon receipt of report; agency which provides child
welfare services required to inform person named in report of allegation of
abuse or neglect if report is investigated.
1. Upon the receipt of a report concerning
the possible abuse or neglect of a child, an agency which provides child
welfare services or a law enforcement agency shall promptly notify the
appropriate licensing authority, if any. A law enforcement agency shall
promptly notify an agency which provides child welfare services of any report
it receives.
2. Upon receipt of a report concerning the
possible abuse or neglect of a child, an agency which provides child welfare
services or a law enforcement agency shall immediately initiate an
investigation if the report indicates that:
(a) There is a high risk of serious harm to the
child;
(b) The child has suffered a fatality; or
(c) The child is living in a household in which
another child has died, or the child is seriously injured or has visible signs
of physical abuse.
3. Except as otherwise provided in
subsection 2, upon receipt of a report concerning the possible abuse or neglect
of a child or notification from a law enforcement agency that the law
enforcement agency has received such a report, an agency which provides child
welfare services shall conduct an evaluation not later than 3 days after the
report or notification was received to determine whether an investigation is
warranted. For the purposes of this subsection, an investigation is not
warranted if:
(a) The child is not in imminent danger of harm;
(b) The child is not vulnerable as the result of
any untreated injury, illness or other physical, mental or emotional condition
that threatens the immediate health or safety of the child;
(c) The alleged abuse or neglect of the child or
the alleged effect of prenatal illegal substance abuse on or the withdrawal
symptoms resulting from any prenatal drug exposure of the newborn infant could
be eliminated if the child and the family of the child are referred to or
participate in social or health services offered in the community, or both; or
(d) The agency determines that the:
(1) Alleged abuse or neglect was the
result of the reasonable exercise of discipline by a parent or guardian of the
child involving the use of corporal punishment; and
(2) Corporal punishment so administered
was not so excessive as to constitute abuse or neglect as described in NRS 432B.150.
4. If the agency determines that an
investigation is warranted, the agency shall initiate the investigation not later
than 3 days after the evaluation is completed.
5. If an agency which provides child
welfare services investigates a report of alleged abuse or neglect of a child
pursuant to NRS 432B.010 to 432B.400, inclusive, the agency shall inform the
person responsible for the child’s welfare who is named in the report as
allegedly causing the abuse or neglect of the child of any allegation which is
made against the person at the initial time of contact with the person by the
agency. The agency shall not identify the person responsible for reporting the
alleged abuse or neglect.
6. Except as otherwise provided in this
subsection, if the agency determines that an investigation is not warranted,
the agency may, as appropriate:
(a) Provide counseling, training or other
services relating to child abuse and neglect to the family of the child, or
refer the family to a person who has entered into an agreement with the agency
to provide those services; or
(b) Conduct an assessment of the family of the
child to determine what services, if any, are needed by the family and, if
appropriate, provide any such services or refer the family to a person who has
entered into a written agreement with the agency to make such an assessment.
7. If an agency which provides child
welfare services enters into an agreement with a person to provide services to
a child or the family of the child pursuant to subsection 6, the agency shall
require the person to notify the agency if the child or the family refuses or
fails to participate in the services, or if the person determines that there is
a serious risk to the health or safety of the child.
8. If an agency which provides child
welfare services determines pursuant to subsection 3 that an investigation is
not warranted, the agency may, at any time, reverse that determination and
initiate an investigation.
9. An agency which provides child welfare
services and a law enforcement agency shall cooperate in the investigation, if
any, of a report of abuse or neglect of a child.
(Added to NRS by 1985, 1373; A 1989, 440; 1997, 2472; 1999, 2910; 2001, 1840, 1850; 2001
Special Session, 39; 2003, 236; 2005, 2034, 2095; 2007, 1505; 2013, 1088,
2877)
NRS 432B.270 Interview of child and sibling of child concerning possible
abuse or neglect; photographs, X rays and medical tests.
1. A designee of an agency investigating a
report of abuse or neglect of a child may, without the consent of and outside
the presence of any person responsible for the child’s welfare, interview a
child and any sibling of the child, if an interview is deemed appropriate by
the designee, concerning any possible abuse or neglect. The child and any
sibling of the child may be interviewed, if an interview is deemed appropriate
by the designee, at any place where the child or any sibling of the child is
found. A designee who conducts an interview pursuant to this subsection must be
trained adequately to interview children. The designee shall, immediately after
the conclusion of the interview, if reasonably possible, notify a person
responsible for the child’s welfare that the child or sibling was interviewed,
unless the designee determines that such notification would endanger the child
or sibling.
2. A designee of an agency investigating a
report of abuse or neglect of a child may, without the consent of the person
responsible for a child’s welfare:
(a) Take or cause to be taken photographs of the
child’s body, including the areas of trauma; and
(b) If indicated after consultation with a
physician, cause X rays or medical tests to be performed on a child.
3. Upon the taking of any photographs or X
rays or the performance of any medical tests pursuant to subsection 2, the
person responsible for the child’s welfare must be notified immediately, if
reasonably possible, unless the designee determines that the notification would
endanger the child. The reasonable cost of these photographs, X rays or medical
tests must be paid by the agency which provides child welfare services if money
is not otherwise available.
4. Any photographs or X rays taken or
records of any medical tests performed pursuant to subsection 2, or any medical
records relating to the examination or treatment of a child pursuant to this
section, or copies thereof, must be sent to the agency which provides child
welfare services, the law enforcement agency participating in the investigation
of the report and the prosecuting attorney’s office. Each photograph, X ray,
result of a medical test or other medical record:
(a) Must be accompanied by a statement or
certificate signed by the custodian of medical records of the health care
facility where the photograph or X ray was taken or the treatment, examination
or medical test was performed, indicating:
(1) The name of the child;
(2) The name and address of the person who
took the photograph or X ray, performed the medical test, or examined or
treated the child; and
(3) The date on which the photograph or X
ray was taken or the treatment, examination or medical test was performed;
(b) Is admissible in any proceeding relating to
the abuse or neglect of the child; and
(c) May be given to the child’s parent or
guardian if the parent or guardian pays the cost of duplicating them.
5. As used in this section, “medical test”
means any test performed by or caused to be performed by a provider of health
care, including, without limitation, a computerized axial tomography scan and
magnetic resonance imaging.
(Added to NRS by 1985, 1373; A 1999, 61; 2001
Special Session, 39; 2007, 1506)
NRS 432B.280 Confidentiality of information maintained by an agency which
provides child welfare services; exceptions; penalty.
1. Except as otherwise provided in NRS 239.0115, 432B.165,
432B.175 and 439.538
and except as otherwise authorized or required pursuant to NRS 432B.290, information maintained by an agency
which provides child welfare services, including, without limitation, reports
and investigations made pursuant to this chapter, is confidential.
2. Any person, law enforcement agency or
public agency, institution or facility who willfully releases or disseminates
such information, except:
(a) Pursuant to a criminal prosecution relating
to the abuse or neglect of a child;
(b) As otherwise authorized pursuant to NRS 432B.165 and 432B.175;
(c) As otherwise authorized or required pursuant
to NRS 432B.290;
(d) As otherwise authorized or required pursuant
to NRS 439.538; or
(e) As otherwise required pursuant to NRS 432B.513,
Ê is guilty of
a gross misdemeanor.
(Added to NRS by 1985, 1373; A 1999, 2032; 2001, 1701; 2007, 195, 1507, 1980, 2106; 2013, 525)
NRS 432B.290 Maintenance of information by agency which provides child
welfare services; authorized release of such information; penalty; fee for
release of information; rules, policies or regulations.
1. Information maintained by an agency
which provides child welfare services must be maintained by the agency which
provides child welfare services as required by federal law as a condition of
the allocation of federal money to this State.
2. Except as otherwise provided in this
section and NRS 432B.165, 432B.175
and 432B.513, information maintained by an agency
which provides child welfare services may, at the discretion of the agency
which provides child welfare services, be made available only to:
(a) A physician, if the physician has before him
or her a child who the physician has reasonable cause to believe has been
abused or neglected;
(b) A person authorized to place a child in
protective custody, if the person has before him or her a child who the person
has reasonable cause to believe has been abused or neglected and the person
requires the information to determine whether to place the child in protective
custody;
(c) An agency, including, without limitation, an
agency in another jurisdiction, responsible for or authorized to undertake the
care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the welfare
of the child;
(d) A district attorney or other law enforcement
officer who requires the information in connection with an investigation or
prosecution of the abuse or neglect of a child;
(e) Except as otherwise provided in paragraph
(f), a court other than a juvenile court, for in camera inspection only, unless
the court determines that public disclosure of the information is necessary for
the determination of an issue before it;
(f) A court as defined in NRS 159.015 to determine whether a
guardian or successor guardian of a child should be appointed pursuant to chapter 159 of NRS or NRS
432B.466 to 432B.468, inclusive;
(g) A person engaged in bona fide research or an
audit, but information identifying the subjects of a report must not be made
available to the person;
(h) The attorney and the guardian ad litem of the
child, if the information is reasonably necessary to promote the safety,
permanency and well-being of the child;
(i) A person who files or intends to file a
petition for the appointment of a guardian or successor guardian of a child
pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468,
inclusive, if the identity of the person responsible for reporting the abuse or
neglect of the child to a public agency is kept confidential and the
information is reasonably necessary to promote the safety, permanency and
well-being of the child;
(j) The proposed guardian or proposed successor
guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS
432B.466 to 432B.468, inclusive, if the
identity of the person responsible for reporting the abuse or neglect of the
child to a public agency is kept confidential and the information is reasonably
necessary to promote the safety, permanency and well-being of the child;
(k) A grand jury upon its determination that
access to these records and the information is necessary in the conduct of its
official business;
(l) A federal, state or local governmental
entity, or an agency of such an entity, or a juvenile court, that needs access
to the information to carry out its legal responsibilities to protect children
from abuse and neglect;
(m) A person or an organization that has entered
into a written agreement with an agency which provides child welfare services
to provide assessments or services and that has been trained to make such
assessments or provide such services;
(n) A team organized pursuant to NRS 432B.350 for the protection of a child;
(o) A team organized pursuant to NRS 432B.405 to review the death of a child;
(p) A parent or legal guardian of the child and
an attorney of a parent or guardian of the child, including, without limitation,
the parent or guardian of a child over whom a guardianship is sought pursuant
to chapter 159 of NRS or NRS 432B.466 to 432B.468,
inclusive, if the identity of the person responsible for reporting the abuse or
neglect of the child to a public agency is kept confidential and the
information is reasonably necessary to promote the safety, permanency and
well-being of the child and is limited to information concerning that parent or
guardian;
(q) The child over whom a guardianship is sought
pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468,
inclusive, if:
(1) The child is 14 years of age or older;
and
(2) The identity of the person responsible
for reporting the abuse or neglect of the child to a public agency is kept
confidential and the information is reasonably necessary to promote the safety,
permanency and well-being of the child;
(r) The persons or agent of the persons who are
the subject of a report, if the information is reasonably necessary to promote
the safety, permanency and well-being of the child and is limited to
information concerning those persons;
(s) An agency that is authorized by law to license
foster homes or facilities for children or to investigate persons applying for
approval to adopt a child, if the agency has before it an application for that
license or is investigating an applicant to adopt a child;
(t) Upon written consent of the parent, any
officer of this State or a city or county thereof or Legislator authorized by
the agency or department having jurisdiction or by the Legislature, acting
within its jurisdiction, to investigate the activities or programs of an agency
which provides child welfare services if:
(1) The identity of the person making the
report is kept confidential; and
(2) The officer, Legislator or a member of
the family of the officer or Legislator is not the person alleged to have
committed the abuse or neglect;
(u) The Division of Parole and Probation of the
Department of Public Safety for use pursuant to NRS 176.135 in making a presentence
investigation and report to the district court or pursuant to NRS 176.151 in making a general
investigation and report;
(v) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which
provides child welfare services or to a law enforcement agency;
(w) The Rural Advisory Board to Expedite
Proceedings for the Placement of Children created pursuant to NRS 432B.602 or a local advisory board to expedite
proceedings for the placement of children created pursuant to NRS 432B.604;
(x) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child
welfare services;
(y) An employer in accordance with subsection 3
of NRS 432.100;
(z) A team organized or sponsored pursuant to NRS 217.475 or 228.495 to review the death of the victim
of a crime that constitutes domestic violence; or
(aa) The Committee to Review Suicide Fatalities
created by NRS 439.5104.
3. An agency investigating a report of the
abuse or neglect of a child shall, upon request, provide to a person named in
the report as allegedly causing the abuse or neglect of the child:
(a) A copy of:
(1) Any statement made in writing to an
investigator for the agency by the person named in the report as allegedly
causing the abuse or neglect of the child; or
(2) Any recording made by the agency of
any statement made orally to an investigator for the agency by the person named
in the report as allegedly causing the abuse or neglect of the child; or
(b) A written summary of the allegations made
against the person who is named in the report as allegedly causing the abuse or
neglect of the child. The summary must not identify the person responsible for
reporting the alleged abuse or neglect or any collateral sources and reporting
parties.
4. Except as otherwise provided by
subsection 6, before releasing any information maintained by an agency which
provides child welfare services pursuant to this section, an agency which
provides child welfare services shall take whatever precautions it determines
are reasonably necessary to protect the identity and safety of any person who
reports child abuse or neglect and to protect any other person if the agency
which provides child welfare services reasonably believes that disclosure of
the information would cause a specific and material harm to an investigation of
the alleged abuse or neglect of a child or the life or safety of any person.
5. The provisions of this section must not
be construed to require an agency which provides child welfare services to
disclose information maintained by the agency which provides child welfare
services if, after consultation with the attorney who represents the agency,
the agency determines that such disclosure would cause a specific and material
harm to a criminal investigation.
6. A person who is the subject of an
unsubstantiated report of child abuse or neglect made pursuant to this chapter
and who believes that the report was made in bad faith or with malicious intent
may petition a district court to order the agency which provides child welfare
services to release information maintained by the agency which provides child
welfare services. The petition must specifically set forth the reasons
supporting the belief that the report was made in bad faith or with malicious
intent. The petitioner shall provide notice to the agency which provides child
welfare services so that the agency may participate in the action through its
counsel. The district court shall review the information which the petitioner
requests to be released and the petitioner shall be allowed to present evidence
in support of the petition. If the court determines that there is a reasonable
question of fact as to whether the report was made in bad faith or with
malicious intent and that the disclosure of the identity of the person who made
the report would not be likely to endanger the life or safety of the person who
made the report, the court shall provide a copy of the information to the
petitioner and the original information is subject to discovery in a subsequent
civil action regarding the making of the report.
7. If an agency which provides child
welfare services receives any information that is deemed confidential by law,
the agency which provides child welfare services shall maintain the
confidentiality of the information as prescribed by applicable law.
8. Pursuant to this section, a person may
authorize the release of information maintained by an agency which provides
child welfare services about himself or herself, but may not waive the
confidentiality of such information concerning any other person.
9. An agency which provides child welfare
services may provide a summary of the outcome of an investigation of the
alleged abuse or neglect of a child to the person who reported the suspected
abuse or neglect.
10. Any person, except for:
(a) A district attorney or other law enforcement
officer initiating legal proceedings; or
(b) An employee of the Division of Parole and
Probation of the Department of Public Safety making a presentence investigation
and report to the district court pursuant to NRS
176.135 or making a general investigation and report pursuant to NRS 176.151,
Ê who is provided
with information maintained by an agency which provides child welfare services and
further disseminates this information, or who makes this information public, is
guilty of a gross misdemeanor.
11. An agency which provides child welfare
services may charge a fee for processing costs reasonably necessary to prepare
information maintained by the agency which provides child welfare services for
release pursuant to this section.
12. An agency which provides child welfare
services shall adopt rules, policies or regulations to carry out the provisions
of this section.
(Added to NRS by 1985, 1374; A 1993, 2706; 1997, 835, 849, 2473, 2476; 1999, 559, 561, 1193, 2033, 2035, 2043, 3529, 3531; 2001, 269, 1701, 1841, 2612; 2001
Special Session, 40; 2003, 236, 251; 2005, 2035; 2007, 195; 2011, 737, 861; 2013, 369, 525)
NRS 432B.300 Determinations to be made from investigation of report. If an agency which provides child welfare
services determines that an investigation of a report concerning the possible
abuse or neglect of a child is warranted pursuant to NRS
432B.260, the agency shall determine, without limitation:
1. The composition of the family,
household or facility, including the name, address, age, sex and race of each
child named in the report, any siblings or other children in the same place or
under the care of the same person, the persons responsible for the children’s
welfare and any other adult living or working in the same household or
facility;
2. Whether there is reasonable cause to
believe any child is abused or neglected or threatened with abuse or neglect,
the nature and extent of existing or previous injuries, abuse or neglect and
any evidence thereof, and the person apparently responsible;
3. Whether there is reasonable cause to believe
that a child has suffered a fatality as a result of abuse or neglect regardless
of whether or not there are any siblings of the child or other children who are
residing in the same household as the child who is believed to have suffered a
fatality as a result of abuse or neglect;
4. If there is reasonable cause to believe
that a child is abused or neglected, the immediate and long-term risk to the
child if the child remains in the same environment;
5. The treatment and services which appear
necessary to help prevent further abuse or neglect and to improve the
environment of the child and the ability of the person responsible for the
child’s welfare to care adequately for the child; and
6. Whether the report concerning the
possible abuse or neglect of a child is substantiated or unsubstantiated.
(Added to NRS by 1985, 1375; A 1997, 2475; 2001, 1850; 2001
Special Session, 42; 2003, 236; 2007, 1507; 2013, 2878)
NRS 432B.310 Report to Central Registry of abuse or neglect required upon
completion of investigation; report to Central Registry of prenatal illegal
substance abuse or withdrawal symptoms resulting from prenatal drug exposure
only required if child has been abused or neglected after child was born.
1. Except as otherwise provided in
subsection 6 of NRS 432B.260, the agency
investigating a report of abuse or neglect of a child shall, upon completing
the investigation, report to the Central Registry:
(a) Identifying and demographic information on
the child alleged to be abused or neglected, the parents of the child, any
other person responsible for the welfare of the child and the person allegedly
responsible for the abuse or neglect;
(b) The facts of the alleged abuse or neglect,
including the date and type of alleged abuse or neglect, the manner in which
the abuse was inflicted, the severity of the injuries and, if applicable, any
information concerning the death of the child; and
(c) The disposition of the case.
2. An agency which provides child welfare
services shall not report to the Central Registry any information concerning a
child identified as being affected by prenatal illegal substance abuse or as
having withdrawal symptoms resulting from prenatal drug exposure unless the
agency determines that a person has abused or neglected the child after the child
was born.
(Added to NRS by 1985, 1375; A 1999, 2912; 2001, 212, 1850; 2005, 2037, 2096; 2007, 1508; 2013, 2879)
NRS 432B.315 Written notification of substantiated report to person
responsible for child’s welfare. If
an agency which provides child welfare services determines pursuant to NRS 432B.300 that a report made pursuant to NRS 432B.220 is substantiated, the agency shall
provide written notification to the person responsible for the child’s welfare
who is named in the report as allegedly causing the abuse or neglect of the
child which includes statements indicating that:
1. The report which was made against the
person has been substantiated and the agency which provides child welfare
services intends to place the person’s name in the Central Registry pursuant to
NRS 432B.310; and
2. The person may request an
administrative appeal of the substantiation of the report and the agency’s
intention to place the person’s name in the Central Registry by submitting a
written request to the agency which provides child welfare services within the
time required pursuant to NRS 432B.317.
(Added to NRS by 2013, 2875)
NRS 432B.317 Administrative appeal of substantiated report; hearing.
1. A person to whom a written notification
is sent pursuant to NRS 432B.315 may request an
administrative appeal of the substantiation of the report and the agency’s
intention to place the person’s name in the Central Registry by submitting a
written request to the agency which provides child welfare services within 15
days after the date on which the agency sent the written notification as
required pursuant to NRS 432B.315.
2. Except as otherwise provided in
subsection 3, if an agency which provides child welfare services receives a
request for an administrative appeal within 15 days after the agency sent the
written notification pursuant to subsection 1, a hearing before a hearing
officer must be held in accordance with chapter
233B of NRS.
3. An administrative appeal is stayed upon
the receipt of written notification to the agency which provides child welfare
services of a pending adjudicatory hearing pursuant to NRS
432B.530 which arose out of the same incident as the incident upon which
the report made pursuant to NRS 432B.220 was
premised. The stay of the administrative appeal is lifted when:
(a) A final determination is made in the
adjudicatory hearing; or
(b) The adjudicatory hearing is dismissed or
terminated if the adjudicatory hearing does not result in a final determination
being made.
4. If a request for an administrative
appeal is not submitted pursuant to subsection 1, the agency which provides
child welfare services shall place the person’s name in the Central Registry
pursuant to NRS 432B.310.
5. If the hearing officer in a hearing
that is held pursuant to this section:
(a) Affirms the substantiation of the report, the
agency which provides child welfare services shall place the person’s name in
the Central Registry pursuant to NRS 432B.310; or
(b) Rejects the substantiation of the report, the
agency which provides child welfare services shall not place the person’s name
in the Central Registry pursuant to NRS 432B.310.
6. A conclusive presumption that the
substantiation of the report will be affirmed and the person’s name will be
placed in the Central Registry pursuant to NRS
432B.310 is established if there is a final determination in an
adjudicatory hearing that the child was in need of protection.
7. The decision of a hearing officer in a
hearing that is held pursuant to this section is a final decision for the
purposes of judicial review.
8. As used in this section, “final
determination in an adjudicatory hearing” means a finding made by a court
pursuant to subsection 5 of NRS 432B.530 as to
whether a child was in need of protection at the time of the removal of the
child from the home that is based on the child being subjected to abuse or
neglect by the person to whom a written notice was sent pursuant to NRS 432B.315.
(Added to NRS by 2013, 2876)
NRS 432B.320 Waiver of full investigation of report.
1. An agency which provides child welfare
services may waive a full investigation of a report of abuse or neglect of a
child made by another agency or a person if, after assessing the circumstances,
it is satisfied that:
(a) The person or other agency who made the
report can provide services to meet the needs of the child and the family, and
this person or agency agrees to do so; and
(b) The person or other agency agrees in writing
to report periodically on the child and to report immediately any threat or
harm to the child’s welfare.
2. The agency which provides child welfare
services shall supervise for a reasonable period the services provided by the
person or other agency pursuant to subsection 1.
(Added to NRS by 1985, 1375; A 2001
Special Session, 42)
PROTECTIVE SERVICES AND CUSTODY
NRS 432B.325 County whose population is 100,000 or more to provide child
protective services in county; county whose population is less than 100,000 to
provide such services in certain circumstances.
1. Each county whose population is 100,000
or more shall provide child protective services in that county and pay the cost
of those services. The services must be provided in accordance with the
standards adopted pursuant to NRS 432B.190.
2. A county whose population is less than
100,000 that receives approval to carry out child protective services for the
county and an exemption from the assessment imposed pursuant to NRS 432B.326 shall:
(a) Provide child protective services in that
county and pay the cost of those services.
(b) Provide the services in accordance with the
standards adopted pursuant to NRS 432B.190.
3. A county whose population is less than
100,000 that carries out child protective services for the county shall be
deemed to be the agency which provides child welfare services for the purposes
of any provisions of this chapter relating to child protective services and any
regulations adopted pursuant thereto.
(Added to NRS by 1987, 1439; A 2011, 2524)
NRS 432B.326 Payment of assessment for provision of child protective services
by county whose population is less than 100,000; exemption.
1. Unless an exemption is approved
pursuant to subsection 4, each county whose population is less than 100,000 shall
pay an assessment each fiscal year to the Division of Child and Family Services
in an amount which does not exceed the amount authorized by the Legislature for
the provision of child protective services by the Division in the county during
that year.
2. The Division shall provide each county
whose population is less than 100,000, on or before May 1 of each year, with an
estimate of the amount of the assessment. The estimate becomes the amount of
the assessment unless the county is notified of a change within 2 weeks after
the date on which the county contribution is approved by the Legislature. The
county shall pay the assessment:
(a) In full within 30 days after the amount of
the assessment becomes final; or
(b) In equal quarterly installments on or before
the first day of July, October, January and April, respectively.
3. Money paid by a county pursuant to this
section must be deposited by the Division with the State Treasurer, and the
Division shall expend the money in accordance with the approved budget of the
Division.
4. A county whose population is less than
100,000 may submit a proposal to the Governor for the county to carry out child
protective services for the county. If the Governor approves the proposal, the
Governor must submit a recommendation to the Interim Finance Committee to
exempt the county from the assessment required pursuant to subsection 1. The
Interim Finance Committee, upon receiving the recommendation from the Governor,
shall consider the proposal and determine whether to approve the exemption. In
considering whether to approve the exemption, the Interim Finance Committee
shall consider, among other things, the best interests of the State, the effect
of the exemption and the intent of the Legislature in requiring the assessment
to be paid by the county.
(Added to NRS by 2011, 2523)
NRS 432B.327 Division of Child and Family Services to submit certain reports
concerning budgets for child protective services to Governor, certain counties
and Legislative Commission. The Division
of Child and Family Services shall submit:
1. A report on or before December 1 of
each year to the Governor and to each county whose population is less than
100,000 that contains a statement of:
(a) The total number of children who received
child protective services in each county in the immediately preceding fiscal
year; and
(b) The amount and categories of the expenditures
made by the Division on child protective services in each county in the
immediately preceding fiscal year;
2. To each county whose population is less
than 100,000, on or before December 1 of each even-numbered year, the total
proposed budget of the Division for that county for the next succeeding
biennium, including the projected number of children who will receive child
protective services and the projected costs of child protective services
attributed to the county; and
3. Such reports to the Legislative
Commission as required by the Commission.
(Added to NRS by 2011, 2522)
NRS 432B.330 Circumstances under which child is or may be in need of
protection.
1. A child is in need of protection if:
(a) The child has been abandoned by a person
responsible for the welfare of the child;
(b) The child has been subjected to abuse or
neglect by a person responsible for the welfare of the child;
(c) The child is in the care of a person
responsible for the welfare of the child and another child has died as a result
of abuse or neglect by that person;
(d) The child has been placed for care or
adoption in violation of law; or
(e) The child has been delivered to a provider of
emergency services pursuant to NRS 432B.630.
2. A child may be in need of protection if
the person responsible for the welfare of the child:
(a) Is unable to discharge his or her
responsibilities to and for the child because of incarceration,
hospitalization, or other physical or mental incapacity;
(b) Fails, although the person is financially
able to do so or has been offered financial or other means to do so, to provide
for the following needs of the child:
(1) Food, clothing or shelter necessary
for the child’s health or safety;
(2) Education as required by law; or
(3) Adequate medical care; or
(c) Has been responsible for the abuse or neglect
of a child who has resided with that person.
3. A child may be in need of protection if
the death of a parent of the child is or may be the result of an act by the
other parent that constitutes domestic violence pursuant to NRS 33.018.
4. A child may be in need of protection if
the child is identified as being affected by prenatal illegal substance abuse
or as having withdrawal symptoms resulting from prenatal drug exposure.
(Added to NRS by 1985, 1371; A 1991, 52; 1999, 830; 2001, 1256; 2005, 2038)
NRS 432B.340 Determination that child needs protection but is not in imminent
danger.
1. If the agency which provides child
welfare services determines that a child needs protection, but is not in
imminent danger from abuse or neglect, it may:
(a) Offer to the parents or guardian a plan for
services and inform the parents or guardian that the agency has no legal
authority to compel the parents or guardian to accept the plan but that it has
the authority to petition the court pursuant to NRS
432B.490 or to refer the case to the district attorney or a law enforcement
agency; or
(b) File a petition pursuant to NRS 432B.490 and, if a child is adjudicated in need
of protection, request that the child be removed from the custody of the
parents or guardian or that the child remain at home with or without the
supervision of the court or of any person or agency designated by the court.
2. If the parent or guardian accepts the
conditions of the plan offered by the agency pursuant to paragraph (a) of
subsection 1, the agency may elect not to file a petition and may arrange for
appropriate services, including medical care, care of the child during the day,
management of the home or supervision of the child, the parents or guardian.
(Added to NRS by 1985, 1376; A 2001
Special Session, 42)
NRS 432B.350 Teams for protection of child. An
agency which provides child welfare services may organize one or more teams for
protection of a child to assist the agency in the evaluation and investigation
of reports of abuse or neglect of a child, diagnosis and treatment of abuse or
neglect and the coordination of responsibilities. Members of the team serve at
the invitation of the agency and must include representatives of other
organizations concerned with education, law enforcement or physical or mental
health.
(Added to NRS by 1985, 1376; A 2001
Special Session, 43)
NRS 432B.360 Voluntary placement of child with agency or institution;
regulations.
1. A parent or guardian of a child who is
in need of protection may place the child with a public agency authorized to
care for children or a private institution or agency licensed by the Department
of Health and Human Services or a county whose population is 100,000 or more to
care for such children if:
(a) Efforts to keep the child in his or her own
home have failed; and
(b) The parents or guardian and the agency or
institution voluntarily sign a written agreement for placement of the child
which sets forth the rights and responsibilities of each of the parties to the
agreement.
2. If a child is placed with an agency or
institution pursuant to subsection 1, the parent or guardian shall:
(a) If able, contribute to the support of the
child during the temporary placement;
(b) Inform the agency or institution of any
change in the address or circumstances of the parent or guardian; and
(c) Meet with a representative of the agency or
institution and participate in developing and carrying out a plan for the
possible return of the child to the custody of the parent or guardian, the
placement of the child with a relative or the eventual adoption of the child.
3. A parent or guardian who voluntarily
agrees to place a child with an agency or institution pursuant to subsection 1
is entitled to have the child returned to the physical custody of the parent or
guardian within 48 hours of a written request to that agency or institution. If
that agency or institution determines that it would be detrimental to the best
interests of the child to return the child to the custody of the parent or
guardian, it shall cause a petition to be filed pursuant to NRS 432B.490.
4. If the child has remained in temporary
placement for 6 consecutive months, the agency or institution shall:
(a) Immediately return the child to the physical
custody of the parent or guardian; or
(b) Cause a petition to be filed pursuant to NRS 432B.490.
5. The Division of Child and Family
Services shall adopt regulations to carry out the provisions of this section.
(Added to NRS by 1985, 1376; A 1993, 2707; 2001
Special Session, 43)
NRS 432B.370 Determination that child is not in need of protection. If an agency which provides child welfare
services determines that there is no reasonable cause to believe that a child
is in need of protection, it shall proceed no further in that matter.
(Added to NRS by 1985, 1377; A 2001
Special Session, 44)
NRS 432B.380 Referral of case to district attorney for criminal prosecution;
recommendation to file petition. If
the agency which provides child welfare services determines that further action
is necessary to protect a child who is in need of protection, as well as any
other child under the same care who may be in need of protection, it may refer
the case to the district attorney for criminal prosecution and may recommend
the filing of a petition pursuant to NRS 432B.490.
(Added to NRS by 1985, 1377; A 2001
Special Session, 44)
NRS 432B.390 Placement of child in protective custody.
1. An agent or officer of a law
enforcement agency, an officer of the local juvenile probation department or
the local department of juvenile services, or a designee of an agency which
provides child welfare services:
(a) May place a child in protective custody
without the consent of the person responsible for the child’s welfare if the
agent, officer or designee has reasonable cause to believe that immediate
action is necessary to protect the child from injury, abuse or neglect.
(b) Shall place a child in protective custody
upon the death of a parent of the child, without the consent of the person
responsible for the welfare of the child, if the agent, officer or designee has
reasonable cause to believe that the death of the parent of the child is or may
be the result of an act by the other parent that constitutes domestic violence
pursuant to NRS 33.018.
2. When an agency which provides child
welfare services receives a report pursuant to subsection 2 of NRS 432B.630, a designee of the agency which provides
child welfare services shall immediately place the child in protective custody.
3. If there is reasonable cause to believe
that the death of a parent of a child is or may be the result of an act by the
other parent that constitutes domestic violence pursuant to NRS 33.018, a protective custody hearing
must be held pursuant to NRS 432B.470, whether the
child was placed in protective custody or with a relative. If an agency other
than an agency which provides child welfare services becomes aware that there
is reasonable cause to believe that the death of a parent of a child is or may
be the result of an act by the other parent that constitutes domestic violence
pursuant to NRS 33.018, that agency
shall immediately notify the agency which provides child welfare services and a
protective custody hearing must be scheduled.
4. An agency which provides child welfare
services shall request the assistance of a law enforcement agency in the
removal of a child if the agency has reasonable cause to believe that the child
or the person placing the child in protective custody may be threatened with
harm.
5. Before taking a child for placement in
protective custody, the person taking the child shall show his or her
identification to any person who is responsible for the child and is present at
the time the child is taken. If a person who is responsible for the child is
not present at the time the child is taken, the person taking the child shall
show his or her identification to any other person upon request. The
identification required by this subsection must be a single card that contains
a photograph of the person taking the child and identifies the person as a
person authorized pursuant to this section to place a child in protective
custody.
6. A child placed in protective custody
pending an investigation and a hearing held pursuant to NRS
432B.470 must be placed, except as otherwise provided in NRS 432B.3905, in the following order of priority:
(a) In a hospital, if the child needs
hospitalization.
(b) With a person who is related within the fifth
degree of consanguinity or a fictive kin, and who is suitable and able to
provide proper care and guidance for the child, regardless of whether the
relative or fictive kin resides within this State.
(c) In a foster home that is licensed pursuant to
chapter 424 of NRS.
(d) In any other licensed shelter that provides
care to such children.
7. Whenever possible, a child placed
pursuant to subsection 6 must be placed together with any siblings of the
child. Such a child must not be placed in a jail or other place for detention,
incarceration or residential care of persons convicted of a crime or children
charged with delinquent acts.
8. A person placing a child in protective
custody pursuant to subsection 1 shall:
(a) Immediately take steps to protect all other
children remaining in the home or facility, if necessary;
(b) Immediately make a reasonable effort to
inform the person responsible for the child’s welfare that the child has been
placed in protective custody; and
(c) As soon as practicable, inform the agency
which provides child welfare services and the appropriate law enforcement
agency, except that if the placement violates the provisions of NRS 432B.3905, the person shall immediately provide
such notification.
9. If a child is placed with any person
who resides outside this State, the placement must be in accordance with NRS 127.330.
10. As used in this section, “fictive kin”
means a person who is not related by blood to a child but who has a significant
emotional and positive relationship with the child.
(Added to NRS by 1985, 1377; A 1989, 268; 1991, 1182; 1993, 467; 1999, 830; 2001, 1257; 2001
Special Session, 44; 2007, 1004; 2009, 214; 2011, 253)
NRS 432B.3905 Limitations on transfer and placement of child who is under 6
years of age; notice.
1. An employee of an agency which provides
child welfare services or its designee, an agent or officer of a law
enforcement agency, an officer of a local juvenile probation department or the
local department of juvenile services or any other person who places a child in
protective custody pursuant to this chapter:
(a) Except as otherwise provided in subsection 2,
shall not transfer a child who is under the age of 6 years to, or place such a
child in, a child care institution unless appropriate foster care is not
available at the time of placement in the county in which the child resides;
and
(b) Shall make all reasonable efforts to place
siblings in the same location.
2. A child under the age of 6 years may be
placed in a child care institution:
(a) If the child requires medical services and
such medical services could not be provided at any other placement; or
(b) If necessary to avoid separating siblings.
3. If a child is transferred to or placed
in a child care institution in violation of subsection 1, the agency which
provides child welfare services that is responsible for the child shall
immediately notify the Director of the Department of Health and Human Services
and shall move the child to another placement as soon as possible.
4. Each agency which provides child
welfare services shall develop and implement a written plan to ensure that the
provisions of this section are understood and carried out.
5. As used in this section, “child care
institution”:
(a) Means any type of home or facility that:
(1) Provides care and shelter during the
day and night to 16 or more children who are in protective custody of an agency
which provides child welfare services; or
(2) Provides care and shelter during the
day and night, through the use of caregivers who work in shifts, to children
who are in protective custody of an agency which provides child welfare
services.
(b) Does not include a home or facility that
provides medical services to children.
(Added to NRS by 2007, 1003; A 2007, 1007; 2011, 1011;
2013, 1623)
NRS 432B.391 Agency which provides child welfare services or designee
authorized to conduct preliminary Federal Bureau of Investigation name-based
check of background of certain adult residents of home in which child will be
placed in emergency situation; person investigated to supply fingerprints;
exchange of information; removal of child from home upon refusal to supply
fingerprints.
1. An agency which provides child welfare
services or its approved designee may, in accordance with the procedures set forth
in 28 C.F.R. §§ 901 et. seq., conduct a preliminary Federal Bureau of
Investigation Interstate Identification Index name-based check of the records
of criminal history of a resident who is 18 years of age or older of a home in
which the agency which provides child welfare services wishes to place a child
in an emergency situation, other than a resident who remains under the
jurisdiction of a court pursuant to NRS 432B.594,
to determine whether the person investigated has been arrested for or convicted
of any crime.
2. Upon request of an agency which
provides child welfare services that wishes to place a child in a home in an
emergency situation, or upon request of the approved designee of the agency
which provides child welfare services, a resident who is 18 years of age or
older of the home in which the agency which provides child welfare services
wishes to place the child, other than a resident who remains under the
jurisdiction of a court pursuant to NRS 432B.594,
must submit to the agency which provides child welfare services or its approved
designee a complete set of fingerprints and written permission authorizing the
agency which provides child welfare services or its approved designee to
forward those fingerprints to the Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of Investigation for its
report. The agency which provides child welfare services or its approved
designee shall forward the fingerprints to the Central Repository for Nevada
Records of Criminal History within the time set forth in federal law or
regulation.
3. If a resident who is 18 years of age or
older of a home in which an agency which provides child welfare services places
a child in an emergency situation, other than a resident who remains under the
jurisdiction of a court pursuant to NRS 432B.594,
refuses to provide a complete set of fingerprints to the agency which provides
child welfare services or its approved designee upon request pursuant to
subsection 2, the agency which provides child welfare services must immediately
remove the child from the home.
(Added to NRS by 2003, 649; A 2011, 254)
NRS 432B.393 Preservation and reunification of family of child to prevent or
eliminate need for removal from home before placement in foster care and to
make safe return to home possible; when reasonable efforts are not required;
determining whether reasonable efforts have been made.
1. Except as otherwise provided in this
section, an agency which provides child welfare services shall make reasonable
efforts to preserve and reunify the family of a child:
(a) Before the placement of the child in foster
care, to prevent or eliminate the need to remove the child from the home; and
(b) To make it possible for the safe return of
the child to the home.
2. In determining the reasonable efforts
required by subsection 1, the health and safety of the child must be the
paramount concern. The agency which provides child welfare services may make
reasonable efforts to place the child for adoption or with a legal guardian
concurrently with making the reasonable efforts required pursuant to subsection
1. If the court determines that continuation of the reasonable efforts required
by subsection 1 is inconsistent with the plan for the permanent placement of
the child, the agency which provides child welfare services shall make
reasonable efforts to place the child in a timely manner in accordance with
that plan and to complete whatever actions are necessary to finalize the
permanent placement of the child.
3. An agency which provides child welfare
services is not required to make the reasonable efforts required by subsection
1 if the court finds that:
(a) A parent or other person responsible for the
child’s welfare has:
(1) Committed, aided or abetted in the
commission of, or attempted, conspired or solicited to commit murder or
voluntary manslaughter;
(2) Caused the abuse or neglect of the
child, or of another child of the parent or other person responsible for the
child’s welfare, which resulted in substantial bodily harm to the abused or
neglected child;
(3) Caused the abuse or neglect of the
child, a sibling of the child or another child in the household, and the abuse
or neglect was so extreme or repetitious as to indicate that any plan to return
the child to the home would result in an unacceptable risk to the health or
welfare of the child; or
(4) Abandoned the child for 60 or more
days, and the identity of the parent of the child is unknown and cannot be
ascertained through reasonable efforts;
(b) A parent of the child has, for the previous 6
months, had the ability to contact or communicate with the child and made no
more than token efforts to do so;
(c) The parental rights of a parent to a sibling
of the child have been terminated by a court order upon any basis other than
the execution of a voluntary relinquishment of those rights by a natural
parent, and the court order is not currently being appealed;
(d) The child or a sibling of the child was
previously removed from the home, adjudicated to have been abused or neglected,
returned to the home and subsequently removed from the home as a result of
additional abuse or neglect;
(e) The child is less than 1 year of age, the
father of the child is not married to the mother of the child and the father of
the child:
(1) Has failed within 60 days after
learning of the birth of the child, to visit the child, to commence proceedings
to establish his paternity of the child or to provide financial support for the
child; or
(2) Is entitled to seek custody of the
child but fails to do so within 60 days after learning that the child was
placed in foster care;
(f) The child was delivered to a provider of
emergency services pursuant to NRS 432B.630;
(g) The child, a sibling of the child or another
child in the household has been sexually abused or has been subjected to
neglect by pervasive instances of failure to protect the child from sexual
abuse; or
(h) A parent of the child is required to register
as a sex offender pursuant to the provisions of chapter
179D of NRS or the provisions of the federal Adam Walsh Child Protection
and Safety Act of 2006, 42 U.S.C. §§ 16901 et seq.
4. Except as otherwise provided in
subsection 6, for the purposes of this section, unless the context otherwise
requires, “reasonable efforts” have been made if an agency which provides child
welfare services to children with legal custody of a child has exercised
diligence and care in arranging appropriate, accessible and available services
that are designed to improve the ability of a family to provide a safe and
stable home for each child in the family, with the health and safety of the
child as its paramount concerns. The exercise of such diligence and care
includes, without limitation, obtaining necessary and appropriate information
concerning the child for the purposes of NRS
127.152, 127.410 and 424.038.
5. In determining whether reasonable
efforts have been made pursuant to subsection 4, the court shall:
(a) Evaluate the evidence and make findings based
on whether a reasonable person would conclude that reasonable efforts were
made;
(b) Consider any input from the child;
(c) Consider the efforts made and the evidence
presented since the previous finding of the court concerning reasonable
efforts;
(d) Consider the diligence and care that the
agency is legally authorized and able to exercise;
(e) Recognize and take into consideration the
legal obligations of the agency to comply with any applicable laws and
regulations;
(f) Base its determination on the circumstances
and facts concerning the particular family or plan for the permanent placement
of the child at issue;
(g) Consider whether any of the efforts made were
contrary to the health and safety of the child;
(h) Consider the efforts made, if any, to prevent
the need to remove the child from the home and to finalize the plan for the
permanent placement of the child;
(i) Consider whether the provisions of subsection
6 are applicable; and
(j) Consider any other matters the court deems
relevant.
6. An agency which provides child welfare
services may satisfy the requirement of making reasonable efforts pursuant to
this section by taking no action concerning a child or making no effort to
provide services to a child if it is reasonable, under the circumstances, to do
so.
7. In determining whether reasonable
efforts are not required pursuant to subsection 3 or whether reasonable efforts
have been made pursuant to subsection 4, the court shall ensure that each
determination is:
(a) Made by the court on a case-by-case basis;
(b) Based upon specific evidence; and
(c) Expressly stated by the court in its order.
(Added to NRS by 1999, 2031; A 2001, 1258, 1843; 2001
Special Session, 45; 2003, 236; 2013, 243)
NRS 432B.396 Establishment of panel to evaluate extent to which agencies
which provide child welfare services are effectively discharging their
responsibilities; regulations; civil penalties. The
Division of Child and Family Services shall:
1. Establish a panel comprised of
volunteer members to evaluate the extent to which agencies which provide child
welfare services are effectively discharging their responsibilities for the
protection of children.
2. Adopt regulations to carry out the
provisions of subsection 1 which must include, without limitation, the
imposition of appropriate restrictions on the disclosure of information
obtained by the panel and civil sanctions for the violation of those
restrictions. The civil sanctions may provide for the imposition in appropriate
cases of a civil penalty of not more than $500. The Division may bring an
action to recover any civil penalty imposed and shall deposit any money
recovered with the State Treasurer for credit to the State General Fund.
(Added to NRS by 1999, 2031; A 2001, 1845; 2001
Special Session, 46; 2003, 236)
NRS 432B.397 Inquiry to determine whether child is Indian child; report to
court; training regarding requirements of Indian Child Welfare Act.
1. The agency which provides child welfare
services for a child that is taken into custody pursuant to this chapter shall
make all necessary inquiries to determine whether the child is an Indian child.
The agency shall report that determination to the court.
2. An agency which provides child welfare
services pursuant to this chapter shall provide training for its personnel
regarding the requirements of the Indian Child Welfare Act.
(Added to NRS by 1995, 786; A 2001
Special Session, 46)
NRS 432B.400 Temporary detention of child by physician or person in charge of
hospital or similar institution. A
physician treating a child or a person in charge of a hospital or similar
institution may hold a child for no more than 24 hours if there is reasonable
cause to believe that the child has been abused or neglected or has been
affected by prenatal illegal substance abuse or has withdrawal symptoms
resulting from prenatal drug exposure and that the child is in danger of
further harm if released. The physician or other person shall immediately
notify a law enforcement agency or an agency which provides child welfare
services that the physician or other person is holding the child.
(Added to NRS by 1985, 1378; A 2001
Special Session, 47; 2005, 2038)
CHILD DEATH REVIEW TEAMS
NRS 432B.403 Purpose of organizing child death review teams. The purpose of organizing multidisciplinary
teams to review the deaths of children pursuant to NRS
432B.403 to 432B.4095, inclusive, is to:
1. Review the records of selected cases of
deaths of children under 18 years of age in this State;
2. Review the records of selected cases of
deaths of children under 18 years of age who are residents of Nevada and who
die in another state;
3. Assess and analyze such cases;
4. Make recommendations for improvements
to laws, policies and practice;
5. Support the safety of children; and
6. Prevent future deaths of children.
(Added to NRS by 2003, 863; A 2007, 1508)
NRS 432B.405 Organization of child death review teams.
1. The director or other authorized
representative of an agency which provides child welfare services:
(a) May provisionally appoint and organize one or
more multidisciplinary teams to review the death of a child;
(b) Shall submit names to the Executive Committee
to Review the Death of Children established pursuant to NRS
432B.409 for review and approval of persons whom the director or other
authorized representative recommends for appointment to a multidisciplinary
team to review the death of a child; and
(c) Shall organize one or more multidisciplinary
teams to review the death of a child under any of the following circumstances:
(1) Upon receiving a written request from
an adult related to the child within the third degree of consanguinity, if the
request is received by the agency within 1 year after the date of death of the
child;
(2) If the child dies while in the custody
of or involved with an agency which provides child welfare services, or if the
child’s family previously received services from such an agency;
(3) If the death is alleged to be from
abuse or neglect of the child;
(4) If a sibling, household member or day care
provider has been the subject of a child abuse and neglect investigation within
the previous 12 months, including, without limitation, cases in which the
report was unsubstantiated or the investigation is currently pending;
(5) If the child was adopted through an
agency which provides child welfare services; or
(6) If the child died of Sudden Infant
Death Syndrome.
2. A review conducted pursuant to
subparagraph (2) of paragraph (c) of subsection 1 must occur within 3 months
after the issuance of a certificate of death.
(Added to NRS by 1993, 2051; A 2001
Special Session, 47; 2003, 864; 2007, 1508)
NRS 432B.406 Composition of child death review teams.
1. A multidisciplinary team to review the
death of a child that is organized by an agency which provides child welfare
services pursuant to NRS 432B.405 must include,
insofar as possible:
(a) A representative of any law enforcement agency
that is involved with the case under review;
(b) Medical personnel;
(c) A representative of the district attorney’s
office in the county where the case is under review;
(d) A representative of any school that is
involved with the case under review;
(e) A representative of any agency which provides
child welfare services that is involved with the case under review; and
(f) A representative of the coroner’s office.
2. A multidisciplinary team may include
such other representatives of other organizations concerned with the death of
the child as the agency which provides child welfare services deems appropriate
for the review.
(Added to NRS by 2003, 863)
NRS 432B.407 Information available to child death review teams; sharing of
certain information; subpoena to obtain information; confidentiality of
information.
1. A multidisciplinary team to review the
death of a child is entitled to access to:
(a) All investigative information of law
enforcement agencies regarding the death;
(b) Any autopsy and coroner’s investigative
records relating to the death;
(c) Any medical or mental health records of the
child; and
(d) Any records of social and rehabilitative
services or of any other social service agency which has provided services to
the child or the child’s family.
2. Each organization represented on a
multidisciplinary team to review the death of a child shall share with other
members of the team information in its possession concerning the child who is
the subject of the review, any siblings of the child, any person who was
responsible for the welfare of the child and any other information deemed by
the organization to be pertinent to the review.
3. A multidisciplinary team to review the
death of a child may, if appropriate, meet and share information with a
multidisciplinary team to review the death of the victim of a crime that
constitutes domestic violence organized or sponsored pursuant to NRS 217.475 or 228.495.
4. A multidisciplinary team to review the
death of a child may petition the district court for the issuance of, and the
district court may issue, a subpoena to compel the production of any books,
records or papers relevant to the cause of any death being investigated by the
team. Except as otherwise provided in NRS
239.0115, any books, records or papers received by the team pursuant to the
subpoena shall be deemed confidential and privileged and not subject to
disclosure.
5. A multidisciplinary team to review the
death of a child may use data collected concerning the death of a child for the
purpose of research or to prevent future deaths of children if the data is
aggregated and does not allow for the identification of any person.
6. Except as otherwise provided in this
section, information acquired by, and the records of, a multidisciplinary team
to review the death of a child are confidential, must not be disclosed, and are
not subject to subpoena, discovery or introduction into evidence in any civil
or criminal proceeding.
(Added to NRS by 2003, 863; A 2007, 2106; 2011, 739; 2013, 438)
NRS 432B.4075 Authority of Administrator to organize multidisciplinary team to
oversee review conducted by child death review team; access to information and
privileges.
1. The Administrator of the Division of
Child and Family Services may organize a multidisciplinary team to oversee any
review of the death of a child conducted by a multidisciplinary team that is
organized by an agency which provides child welfare services pursuant to NRS 432B.405.
2. A multidisciplinary team organized
pursuant to subsection 1 is entitled to the same access and privileges granted
to a multidisciplinary team to review the death of a child pursuant to NRS 432B.407.
(Added to NRS by 2007, 1500)
NRS 432B.408 Executive Committee to Review the Death of Children to review
report of child death review team.
1. The report and recommendations of a
multidisciplinary team to review the death of a child must be transmitted for
review to the Executive Committee to Review the Death of Children established
pursuant to NRS 432B.409.
2. The Executive Committee shall review
the report and recommendations and respond in writing to the multidisciplinary
team within 90 days after receiving the report.
(Added to NRS by 2003, 864; A 2013, 438)
NRS 432B.409 Establishment, composition and duties of Executive Committee to
Review the Death of Children; creation of and use of money in Review of Death
of Children Account.
1. The Administrator of the Division of
Child and Family Services shall establish an Executive Committee to Review the
Death of Children, consisting of:
(a) Representatives from multidisciplinary teams
formed pursuant to paragraph (a) of subsection 1 of NRS
432B.405 and NRS 432B.406, vital statistics,
law enforcement, public health and the Office of the Attorney General.
(b) Administrators of agencies which provide
child welfare services, and agencies responsible for mental health and public
safety, to the extent that such administrators are not already appointed
pursuant to paragraph (a). Members of the Executive Committee who are appointed
pursuant to this paragraph shall serve as nonvoting members.
2. The Executive Committee shall:
(a) Adopt statewide protocols for the review of
the death of a child;
(b) Adopt regulations to carry out the provisions
of NRS 432B.403 to 432B.4095,
inclusive;
(c) Adopt bylaws to govern the management and
operation of the Executive Committee;
(d) Appoint one or more multidisciplinary teams
to review the death of a child from the names submitted to the Executive
Committee pursuant to paragraph (b) of subsection 1 of NRS
432B.405;
(e) Oversee training and development of
multidisciplinary teams to review the death of children;
(f) Compile and distribute a statewide annual
report, including statistics and recommendations for regulatory and policy
changes; and
(g) Carry out the duties specified in NRS 432B.408.
3. The Review of Death of Children Account
is hereby created in the State General Fund. The Executive Committee may use
money in the Account to carry out the provisions of NRS
432B.403 to 432B.4095, inclusive.
(Added to NRS by 2003, 864; A 2007, 1509; 2013, 439)
NRS 432B.4095 Civil penalty for disclosure of confidential information;
authority to bring action; deposit of money.
1. Each member of a multidisciplinary team
organized pursuant to NRS 432B.405, a
multidisciplinary team organized pursuant to NRS
432B.4075 or the Executive Committee to Review the Death of Children established
pursuant to NRS 432B.409 who discloses any
confidential information concerning the death of a child is personally liable
for a civil penalty of not more than $500.
2. The Administrator of the Division of
Child and Family Services:
(a) May bring an action to recover a civil
penalty imposed pursuant to subsection 1 against a member of a
multidisciplinary team organized pursuant to NRS
432B.4075 or the Executive Committee; and
(b) Shall deposit any money received from the
civil penalty with the State Treasurer for credit to the State General Fund.
3. Each director or other authorized
representative of an agency which provides child welfare services that
organized a multidisciplinary team pursuant to NRS
432B.405:
(a) May bring an action to recover a civil
penalty pursuant to subsection 1 against a member of the multidisciplinary
team; and
(b) Shall deposit any money received from the
civil penalty in the appropriate county treasury.
(Added to NRS by 2007, 1500; A 2013, 439)
CIVIL PROCEEDINGS
General Provisions
NRS 432B.410 Exclusive original jurisdiction; action does not preclude
prosecution.
1. Except if the child involved is subject
to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare
Act, the court has exclusive original jurisdiction in proceedings concerning
any child living or found within the county who is a child in need of
protection or may be a child in need of protection.
2. Action taken by the court because of
the abuse or neglect of a child does not preclude the prosecution and
conviction of any person for violation of NRS
200.508 based on the same facts.
(Added to NRS by 1985, 1379; A 1991, 2186; 1995, 787)
NRS 432B.420 Right of parent or other responsible person to representation by
attorney; authority of court to appoint attorney to represent child; authority
and rights of child’s attorney; compensation of attorney; appointment of
attorney as guardian ad litem.
1. A parent or other person responsible
for the welfare of a child who is alleged to have abused or neglected the child
may be represented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590,
inclusive. Except as otherwise provided in subsection 2, if the person is
indigent, the court may appoint an attorney to represent the person. The court
may, if it finds it appropriate, appoint an attorney to represent the child.
The child may be represented by an attorney at all stages of any proceedings held
pursuant to NRS 432B.410 to 432B.590, inclusive. If the child is represented by
an attorney, the attorney has the same authority and rights as an attorney
representing a party to the proceedings.
2. If the court determines that the parent
of an Indian child for whom protective custody is sought is indigent, the
court:
(a) Shall appoint an attorney to represent the
parent;
(b) May appoint an attorney to represent the
Indian child; and
(c) May apply to the Secretary of the Interior
for the payment of the fees and expenses of such an attorney,
Ê as provided
in the Indian Child Welfare Act.
3. Each attorney, other than a public
defender, if appointed under the provisions of subsection 1, is entitled to the
same compensation and payment for expenses from the county as provided in NRS 7.125 and 7.135 for an attorney appointed to
represent a person charged with a crime. Except as otherwise provided in NRS 432B.500, an attorney appointed to represent a
child may also be appointed as guardian ad litem for the child. An attorney may
not receive any compensation for services as a guardian ad litem.
(Added to NRS by 1985, 1379; A 1987, 1308; 1995, 787; 1999, 2037; 2001, 1703; 2003, 590)
NRS 432B.425 Notification of tribe if proceedings involve Indian child;
transfer of proceedings to Indian child’s tribe; exercise of jurisdiction by
court. If proceedings pursuant to
this chapter involve the protection of an Indian child, the court shall:
1. Cause the Indian child’s tribe to be
notified in writing at the beginning of the proceedings in the manner provided
in the Indian Child Welfare Act. If the Indian child is eligible for membership
in more than one tribe, each tribe must be notified.
2. Transfer the proceedings to the Indian
child’s tribe in accordance with the Indian Child Welfare Act.
3. If a tribe declines or is unable to
exercise jurisdiction, exercise its jurisdiction as provided in the Indian
Child Welfare Act.
(Added to NRS by 1995, 786; A 2003, 1149)
NRS 432B.430 Restriction on admission of persons to proceedings.
1. Except as otherwise provided in
subsections 3 and 4 and NRS 432B.457, in each
judicial district that includes a county whose population is 700,000 or more:
(a) Any proceeding held pursuant to NRS 432B.410 to 432B.590,
inclusive, other than a hearing held pursuant to subsections 1 to 4, inclusive,
of NRS 432B.530 or a hearing held pursuant to
subsection 5 of NRS 432B.530 when the court
proceeds immediately, must be open to the general public unless the judge or
master, upon his or her own motion or upon the motion of another person,
determines that all or part of the proceeding must be closed to the general public
because such closure is in the best interests of the child who is the subject
of the proceeding. In determining whether closing all or part of the proceeding
is in the best interests of the child who is the subject of the proceeding, the
judge or master must consider and give due weight to the desires of that child.
(b) If the judge or master determines pursuant to
paragraph (a) that all or part of a proceeding must be closed to the general
public:
(1) The judge or master must make specific
findings of fact to support such a determination; and
(2) The general public must be excluded
and only those persons having a direct interest in the case, as determined by
the judge or master, may be admitted to the proceeding.
(c) Any proceeding held pursuant to subsections 1
to 4, inclusive, of NRS 432B.530 and any
proceeding held pursuant to subsection 5 of NRS
432B.530 when the court proceeds immediately must be closed to the general
public unless the judge or master, upon his or her own motion or upon the
motion of another person, determines that all or part of the proceeding must be
open to the general public because opening the proceeding in such a manner is
in the best interests of the child who is the subject of the proceeding. In
determining whether opening all or part of the proceeding is in the best
interests of the child who is the subject of the proceeding, the judge or
master must consider and give due weight to the desires of that child. If the
judge or master determines pursuant to this paragraph that all or part of a
proceeding must be open to the general public, the judge or master must make
specific findings of fact to support such a determination. Unless the judge or
master determines pursuant to this paragraph that all or part of a proceeding
described in this paragraph must be open to the general public, the general
public must be excluded and only those persons having a direct interest in the
case, as determined by the judge or master, may be admitted to the proceeding.
2. Except as otherwise provided in
subsections 3 and 4 and NRS 432B.457, in each
judicial district that includes a county whose population is less than 700,000:
(a) Any proceeding held pursuant to NRS 432B.410 to 432B.590,
inclusive, must be closed to the general public unless the judge or master,
upon his or her own motion or upon the motion of another person, determines
that all or part of the proceeding must be open to the general public because
opening the proceeding in such a manner is in the best interests of the child
who is the subject of the proceeding. In determining whether opening all or
part of the proceeding is in the best interests of the child who is the subject
of the proceeding, the judge or master shall consider and give due weight to
the desires of that child.
(b) If the judge or master determines pursuant to
paragraph (a) that all or part of a proceeding must be open to the general
public, the judge or master must make specific findings of fact to support such
a determination.
(c) Unless the judge or master determines
pursuant to paragraph (a) that all or part of a proceeding must be open to the
general public, the general public must be excluded and only those persons
having a direct interest in the case, as determined by the judge or master, may
be admitted to the proceeding.
3. Except as otherwise provided in
subsection 4 and NRS 432B.457, in a proceeding
held pursuant to NRS 432B.470, the general public
must be excluded and only those persons having a direct interest in the case,
as determined by the judge or master, may be admitted to the proceeding.
4. In conducting a proceeding held
pursuant to NRS 432B.410 to 432B.590, inclusive, a judge or master shall keep
information confidential to the extent necessary to obtain federal funds in the
maximum amount available to this state.
(Added to NRS by 1985, 1379; A 1997, 1345; 2003, 591, 3517; 2011, 1254,
2675)
NRS 432B.435 Presentation of evidence of child’s previous sexual conduct
prohibited; exception. In any
proceeding held pursuant to this chapter, a party may not present evidence of
any previous sexual conduct of a child to challenge the child’s credibility as
a witness unless the attorney for the child has first presented evidence or the
child has testified concerning such conduct, or the absence of such conduct, on
direct examination by the district attorney or the attorney for the child, in
which case the scope of the cross-examination of the child or rebuttal must be
limited to the evidence presented by the child’s attorney or the child.
(Added to NRS by 2013, 409)
NRS 432B.440 Assistance by agency which provides child welfare services. The agency which provides child welfare
services shall assist the court during all stages of any proceeding in
accordance with NRS 432B.410 to 432B.590, inclusive.
(Added to NRS by 1985, 1385; A 2001, 1845; 2001
Special Session, 47; 2003, 236, 591; 2005, 2096)
NRS 432B.450 Expert testimony raising presumption of need for protection of
child. In any civil proceeding had
pursuant to NRS 432B.410 to 432B.590, inclusive, if there is expert testimony
that a physical or mental injury of a child would ordinarily not be sustained
or a condition not exist without either negligence or a deliberate but
unreasonable act or failure to act by the person responsible for the welfare of
the child, the court shall find that the child is in need of protection unless
that testimony is rebutted.
(Added to NRS by 1985, 1379; A 2003, 591)
NRS 432B.451 Qualified expert witness required in proceeding to place Indian
child in foster care.
1. Any proceeding to place an Indian child
in foster care pursuant to this chapter must include the testimony of at least
one qualified expert witness as provided in the Indian Child Welfare Act.
2. For the purposes of this section,
“qualified expert witness” includes, without limitation:
(a) An Indian person who has personal knowledge
about the Indian child’s tribe and its customs related to raising a child and
the organization of the family; and
(b) A person who has:
(1) Substantial experience and training
regarding the customs of Indian tribes related to raising a child; and
(2) Extensive knowledge of the social
values and cultural influences of Indian tribes.
(Added to NRS by 1995, 786)
NRS 432B.455 Determination of appropriate person to take custody of child:
Appointment and duties of special master.
1. If the court determines that a child
must be kept in protective custody pursuant to NRS
432B.480 or must be placed in temporary or permanent custody pursuant to NRS 432B.550, the court may, before placing the child
in the temporary or permanent custody of a person, order the appointment of a
special master from among the members of the State Bar of Nevada to conduct a
hearing to identify the person most qualified and suitable to take custody of
the child in consideration of the needs of the child for temporary or permanent
placement.
2. Not later than 5 calendar days after
the hearing, the special master shall prepare and submit to the court a
recommendation regarding which person is most qualified and suitable to take
custody of the child.
(Added to NRS by 1997, 1344)
NRS 432B.457 Determination of appropriate person to take custody of child:
Involvement in and notification of person with special interest in child; testimony
by person with special interest in child.
1. If the court or a special master
appointed pursuant to NRS 432B.455 finds that a
person has a special interest in a child, the court or the special master
shall:
(a) Except for good cause, ensure that the person
is involved in and notified of any plan for the temporary or permanent
placement of the child and is allowed to offer recommendations regarding the
plan; and
(b) Allow the person to testify at any hearing
held pursuant to this chapter to determine any temporary or permanent placement
of the child.
2. For the purposes of this section, a
person “has a special interest in a child” if:
(a) The person is:
(1) A parent or other relative of the
child;
(2) A foster parent or other provider of
substitute care for the child;
(3) A provider of care for the medical or
mental health of the child; or
(4) A teacher or other school official who
works directly with the child; and
(b) The person:
(1) Has a personal interest in the
well-being of the child; or
(2) Possesses information that is relevant
to the determination of the placement of the child.
(Added to NRS by 1997, 1344; A 1999, 2038)
NRS 432B.459 Provision of copy of sound recording or transcript of proceeding
to parent or guardian; fees.
1. If a proceeding held pursuant to NRS 432B.410 to 432B.590,
inclusive, is recorded using sound recording equipment or is transcribed, the
clerk of the court shall, upon request, provide to a parent or guardian of the
child who is the subject of the proceeding and the attorney of the parent or
guardian a copy of the sound recording or transcript of the proceeding if:
(a) Such a copy is available or could be made
available; and
(b) The parent or guardian or the county in which
the proceeding is held, as appropriate, pays the fee for the copy in accordance
with subsection 2.
2. Each board of county commissioners
shall adopt a sliding scale for determining the amount to be paid for a copy of
a sound recording or transcript of a proceeding pursuant to subsection 1 for a
proceeding that was held in a court in its county. The sliding scale must be
based on the ability of the parent or guardian to pay. The court shall review
each case and make a finding as to the reasonableness of the charge in relation
to the ability of the parent or guardian to pay. To the extent that the court
determines that a parent or guardian is unable to pay for a copy of the
recording or transcript pursuant to subsection 1, the cost of providing the
copy of the sound recording or transcript is a charge against the county in
which the proceeding was held.
(Added to NRS by 2001, 1700; A 2003, 591)
NRS 432B.460 Courts not deprived of right to determine custody or
guardianship. This chapter does
not deprive other courts of the right to determine the custody of children upon
writs of habeas corpus, or to determine the custody or guardianship of children
in cases involving divorce or problems of domestic relations.
(Added to NRS by 1985, 1385)
NRS 432B.465 Full faith and credit to judicial proceedings of Indian tribe. Each court in this state which exercises
jurisdiction pursuant to this chapter in a case involving an Indian child shall
give full faith and credit to the judicial proceedings of an Indian tribe to
the same extent that the Indian tribe gives full faith and credit to the
judicial proceedings of the courts of this state.
(Added to NRS by 1995, 786)
NRS 432B.4655 Joinder of governmental entity or other person to certain
proceedings to enforce legal obligation of such entity or person. A court may issue an order to join any
governmental entity or other person as a party in any proceeding concerning the
protection of the child to enforce a legal obligation of the entity or person
to the child if, before issuing the order, the court provides notice and an
opportunity to be heard to the governmental entity or person.
(Added to NRS by 2005, 2093; A 2007, 100)
Permanent Placement With Guardian
NRS 432B.466 Petition for appointment of guardian; notice.
1. If the plan adopted pursuant to NRS 432B.553 for the permanent placement of a child
includes a request for the appointment of a guardian for the child pursuant to NRS 432B.4665 to 432B.468,
inclusive, a governmental agency, a nonprofit corporation or any interested
person, including, without limitation, the agency that adopted the plan may
petition the court for the appointment of a guardian. The guardian may be
appointed at a hearing conducted pursuant to NRS
432B.590 or at a separate hearing.
2. A petition for the appointment of a
guardian pursuant to this section:
(a) May not be filed before the court has
determined that the child is in need of protection;
(b) Must include the information required
pursuant to NRS 159.044; and
(c) Must include a statement explaining why the
appointment of a guardian, rather than the adoption of the child or the return
of the child to a parent, is in the best interests of the child.
3. In addition to the notice required
pursuant to NRS 432B.590, a governmental agency,
nonprofit corporation or interested person who files a petition for the
appointment of a guardian must serve notice of the petition that includes a
copy of the petition and the date, time and location of the hearing on the
petition, by registered or certified mail or by personal service:
(a) To all the persons entitled to notice of the
hearing pursuant to NRS 432B.590, the parents of
the child, any person or governmental agency having care, custody or control
over the child, and, if the child is 14 years of age or older, the child; and
(b) At least 20 days before the hearing on the
petition.
(Added to NRS by 2003, 588)
NRS 432B.4665 Appointment of guardian; powers and duties of and limitations on
guardian; effect of guardianship; length of guardianship.
1. The court may, upon the filing of a
petition pursuant to NRS 432B.466, appoint a
person as a guardian for a child if:
(a) The court finds:
(1) That the proposed guardian is suitable
and is not disqualified from guardianship pursuant to NRS 159.059;
(2) That the child has been in the custody
of the proposed guardian for 6 months or more pursuant to a determination by a
court that the child was in need of protection, unless the court waives this
requirement for good cause shown;
(3) Except as otherwise provided in
subsection 3, that the proposed guardian has complied with the requirements of chapter 159 of NRS; and
(4) That the burden of proof set forth in chapter 159 of NRS for the appointment of a
guardian for a child has been satisfied;
(b) The child consents to the guardianship, if
the child is 14 years of age or older; and
(c) The court determines that the requirements
for filing a petition pursuant to NRS 432B.466
have been satisfied.
2. A guardianship established pursuant to
this section:
(a) Provides the guardian with the powers and
duties provided in NRS 159.079, and
subjects the guardian to the limitations set forth in NRS 159.0805;
(b) Is subject to the provisions of NRS 159.065 to 159.076, inclusive, and 159.185 to 159.199, inclusive;
(c) Provides the guardian with sole legal and
physical custody of the child;
(d) Does not result in the termination of
parental rights of a parent of the child; and
(e) Does not affect any rights of the child to
inheritance, a succession or any services or benefits provided by the Federal
Government, this state or an agency or political subdivision of this state.
3. The court may appoint as a guardian for
a child pursuant to this section for not more than 6 months a person who does
not satisfy the residency requirement set forth in subsection 5 of NRS 159.059 if the court determines that
appointing such a person is necessary to facilitate the permanent placement of
the child.
(Added to NRS by 2003, 589)
NRS 432B.467 Consideration of evidence in determining whether to appoint
guardian; right of visitation to certain persons.
1. In determining whether to grant a
petition for the appointment of a guardian filed pursuant to NRS 432B.466, the court may consider all relevant and
material evidence that is admissible pursuant to this chapter, including,
without limitation, any report submitted by a special advocate appointed as a
guardian ad litem for the child pursuant to NRS
432B.500.
2. If a court appoints a guardian for a
child pursuant to NRS 432B.4665, the court may
order a reasonable right of visitation to any person whose right to custody or
visitation of the child was terminated as a result of the appointment of the
guardian if the court finds that the visitation is in the best interests of the
child.
(Added to NRS by 2003, 589)
NRS 432B.4675 Effect of entry of final order establishing guardianship. Upon the entry of a final order by the court
establishing a guardianship pursuant to NRS 432B.4665:
1. The custody of the child by the agency
which has legal custody of the child is terminated;
2. The proceedings concerning the child
conducted pursuant to NRS 432B.410 to 432B.590, inclusive, terminate; and
3. Unless subsequently ordered by the
court to assist the court, the following agencies and persons are excused from
any responsibility to participate in the guardianship case:
(a) The agency which has legal custody of the
child;
(b) Any counsel or guardian ad litem appointed by
the court to assist in the proceedings conducted pursuant to NRS 432B.410 to 432B.590,
inclusive; and
(c) Any person nominated or appointed as the person
who is legally responsible for the psychiatric care of the child pursuant to NRS 432B.4684 or 432B.4685,
respectively.
(Added to NRS by 2003, 590; A 2011, 2677)
NRS 432B.468 Enforcement, modification and termination of guardianship;
appointment of successor guardian.
1. The court shall retain jurisdiction to
enforce, modify or terminate a guardianship established pursuant to NRS 432B.4665 until the child reaches 18 years of
age.
2. Any person having a direct interest in
a guardianship established pursuant to NRS 432B.4665
may move to enforce, modify or terminate an order concerning the guardianship.
3. The court shall issue an order
directing the appropriate agency which provides child welfare services to file
a report and make a recommendation in response to any motion to enforce, modify
or terminate an order concerning a guardianship established pursuant to NRS 432B.4665. The agency must submit the report to
the court within 45 days after receiving the order of the court.
4. Any motion to enforce, modify or
terminate an order concerning a guardianship established pursuant to NRS 432B.4665 must comply with the provisions set
forth in chapter 159 of NRS for motions to
enforce, modify or terminate orders concerning guardianships.
5. A successor guardian may be appointed
in accordance with the procedures set forth in chapter
159 of NRS.
(Added to NRS by 2003, 590)
Person Legally Responsible for Psychiatric Care of Child
NRS 432B.4681 Definitions. As
used in NRS 432B.4681 to 432B.469,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 432B.4682 and 432B.4683
have the meanings ascribed to them in those sections.
(Added to NRS by 2011, 2669)
NRS 432B.4682 “Person professionally qualified in the field of psychiatric
mental health” defined. “Person
professionally qualified in the field of psychiatric mental health” has the
meaning ascribed to it in NRS 433A.018.
(Added to NRS by 2011, 2669)
NRS 432B.4683 “Psychiatric care” defined. “Psychiatric
care” means the provision of psychiatric services and psychiatric treatment and
the administration of psychotropic medication.
(Added to NRS by 2011, 2669)
NRS 432B.4684 Nomination; person nominated deemed to be person who is legally
responsible pending court approval; petition to appoint nominee; persons
authorized to be nominated or appointed.
1. If a child who is in the custody of an
agency which provides child welfare services has a prescription for a
psychotropic medication upon entering the custody of the agency or if the
agency determines that a child may be in need of psychiatric care, the agency
shall nominate, pending appointment by a court pursuant to NRS 432B.4685, a person who is legally responsible
for the psychiatric care of the child. A person nominated pursuant to this
subsection shall be deemed to be the person who is legally responsible for the
psychiatric care of the child pending approval by a court pursuant to NRS 432B.4685.
2. Upon nominating a person who is legally
responsible for the psychiatric care of a child pursuant to this section, the
agency which provides child welfare services shall petition the court with
jurisdiction over the child for the appointment of the nominee as the person
who is legally responsible for the psychiatric care of the child. A petition
filed pursuant to this subsection may be heard by the court at the next hearing
of the court conducted pursuant to NRS 432B.410 to
432B.590, inclusive, or at a hearing for the
express purpose of appointing a person pursuant to NRS
432B.4685.
3. The person who is legally responsible
for the psychiatric care of a child may be a parent or legal guardian of the
child or, if a parent or legal guardian of the child is not able or willing to
act as the person who is legally responsible for the psychiatric care of the
child:
(a) The attorney for the child;
(b) The guardian ad litem of the child;
(c) The foster parent or other provider of
substitute care for the child;
(d) An employee of the agency which provides
child welfare services; or
(e) Any other person who a court determines is
qualified to carry out the duties and responsibilities prescribed by NRS 432B.4681 to 432B.469,
inclusive, and any policies adopted pursuant to NRS
432B.197.
(Added to NRS by 2011, 2670;
A 2013,
3818)
NRS 432B.4685 Persons eligible for court appointment. If
proceedings pursuant to this chapter involve the protection of a child who
requires psychiatric care, including, without limitation, any child who is
administered a psychotropic medication, the court shall appoint the parent or
legal guardian of the child as the person who is legally responsible for the
psychiatric care of the child or, if a parent or legal guardian of the child is
not able or willing to act as the person who is legally responsible for the
psychiatric care of the child:
1. The person nominated by the agency
which provides child welfare services pursuant to NRS
432B.4684; or
2. Any other person who the court
determines is qualified to carry out the duties and responsibilities of a
person who is legally responsible for the psychiatric care of the child.
(Added to NRS by 2011, 2673)
NRS 432B.4686 Responsibilities and duties.
1. A person who is legally responsible for
the psychiatric care of a child who is in the custody of an agency which
provides child welfare services is responsible for the procurement and
oversight of all psychiatric care for the child and shall make all decisions
relating to the psychiatric care and related treatment of the child, including,
without limitation, the approval of all psychiatric services, psychiatric
treatment and psychotropic medication that may be administered to the child.
2. A person who is appointed to be legally
responsible for the psychiatric care of a child shall:
(a) To the extent that such information is
available, maintain current information concerning the medical history of the
child, including, without limitation:
(1) All known allergies of the child;
(2) Past and current illnesses and
treatments of the child;
(3) Past and current psychiatric history
and treatments of the child;
(4) Past and current psychiatric history
of the family of the child; and
(5) Any other information which is
necessary to make decisions relating to the medical treatment of the child.
(b) Maintain current information concerning the
emotional, behavioral, educational and related needs of the child.
(c) Attend each visit of the child to receive
psychiatric care or be available by telephone to discuss the visit with the
person professionally qualified in the field of psychiatric mental health who
treats the child.
3. Except as otherwise provided in this
subsection, a person who is legally responsible for the psychiatric care of a
child shall provide written consent or, in writing, deny consent for each visit
of the child with a person professionally qualified in the field of psychiatric
mental health who treats the child. Written consent is not required for each
visit if the visit is part of the routine care of the child and the written
consent approves such routine care. Written consent for routine care may be
revoked at any time.
4. Written consent provided pursuant to
subsection 3 must include, without limitation:
(a) The name and address of the person with whom
the child currently resides or the name and location of the agency which
provides child welfare services where the child currently resides;
(b) The name of the person who is legally
responsible for the psychiatric care of the child;
(c) The name of the person professionally
qualified in the field of psychiatric mental health who treats the child;
(d) The date, time and location of the visit or,
if the consent is for routine visits, the frequency and duration of the routine
visits; and
(e) If the person who is legally responsible for
the psychiatric care of the child does not attend a visit, a written statement
that the person is aware of and is available to discuss the visit and the
treatment recommended for the child with the person professionally qualified in
the field of psychiatric mental health.
5. A person who is legally responsible for
the psychiatric care of a child shall, not less than 1 week before each visit
of the child with a person professionally qualified in the field of psychiatric
mental health who treats the child, notify:
(a) The agency which provides child welfare
services that has custody of the child; and
(b) If the person is not the parent or legal
guardian of the child, the parent or legal guardian,
Ê of the date,
time and location of each visit of the child with a person professionally
qualified in the field of psychiatric mental health who treats the child. Unless
a court order prohibits such visitation, a parent or legal guardian of the
child may attend each visit of the child with a person professionally qualified
in the field of psychiatric mental health who treats the child.
(Added to NRS by 2011, 2670)
NRS 432B.4687 Considerations for approval of administration of psychotropic
medication to child; written consent for administration of such medication or
notice of denial; other required approval.
1. A person who is legally responsible for
the psychiatric care of a child who is in the custody of an agency which
provides child welfare services shall approve or deny the administration of a
psychotropic medication to the child:
(a) After considering the purpose, benefits,
risks, alternatives, side effects and complications of each psychotropic
medication recommended by the person professionally qualified in the field of
psychiatric mental health who treats the child;
(b) After considering any additional information
provided by the person professionally qualified in the field of psychiatric
mental health who treats the child;
(c) After considering the possible clinical
indications to suspend or terminate the psychotropic medication and the
potential consequences of such an action; and
(d) In accordance with the policies adopted by
the agency which provides child welfare services pursuant to NRS 432B.197.
2. If a person who is legally responsible
for the psychiatric care of a child:
(a) Approves the administration of a psychotropic
medication to the child, the person shall provide written consent to the person
professionally qualified in the field of psychiatric mental health, the agency
which provides child welfare services and the foster parent or other provider
of substitute care for the child for the administration of the psychotropic
medication. The written consent must include:
(1) The name of the child;
(2) The name, address and telephone number
of the person who is legally responsible for the psychiatric care of the child;
(3) The name, purpose and expected time
frame for improvement for each medication;
(4) The dosage, times of administration
and, if applicable, the number of units at each administration of the
medication which may be administered to the child;
(5) The duration of the course of
treatment for the administration of the medication;
(6) A description of the possible risks,
side effects interactions with other medications or foods, and complications of
the medication; and
(7) If applicable, the specific
authorization required by subsection 4.
(b) Denies the administration of a psychotropic
medication to the child, the person shall provide written notice of the denial
to the agency which provides child welfare services.
3. Except as otherwise provided in NRS 432B.4689, the foster parent or other provider
of substitute care for a child in the custody of an agency which provides child
welfare services shall not administer a psychotropic medication to the child
unless:
(a) The person who is legally responsible for the
psychiatric care of the child has consented to the administration of the
medication; and
(b) The psychotropic medication is administered
in accordance with the consent of the person who is legally responsible for the
psychiatric care of the child.
4. The person who is legally responsible
for the psychiatric care of a child must, in addition to providing written
consent for the administration of a psychotropic medication, specifically
approve:
(a) The use of psychotropic medication in a
manner that has not been tested or approved by the United States Food and Drug
Administration, including, without limitation, the use of such medication for a
child who is of an age that has not been tested or approved or who has a
condition for which the use of the medication has not been tested or approved;
(b) The prescribing of any psychotropic
medication for use by a child who is less than 4 years of age;
(c) The concurrent use by a child of three or
more classes of psychotropic medication; and
(d) The concurrent use by a child of two
psychotropic medications of the same class.
(Added to NRS by 2011, 2671)
NRS 432B.4688 Administration of psychotropic medication to child allowed only
in accordance with consent; quarterly review of records of child.
1. Except as otherwise provided in NRS 432B.4689, an agency which provides child
welfare services shall not allow the administration of a psychotropic
medication to a child in the custody of the agency unless:
(a) The person who is legally responsible for the
psychiatric care of the child has consented to the administration of the
medication; and
(b) The psychotropic medication is administered
in accordance with the consent of the person who is legally responsible for the
psychiatric care of the child.
2. An agency which provides child welfare
services shall, at least quarterly, review the records for each child in the
custody of the agency who is administered a psychotropic medication to
determine whether the medication is being administered in accordance with NRS 432B.4681 to 432B.469,
inclusive, and the policies adopted pursuant to NRS
432B.197. The agency may use the results of the quarterly reviews to
determine whether the placement of the child should be continued.
(Added to NRS by 2011, 2675)—(Substituted
in revision for part of NRS 432B.197)
NRS 432B.4689 Administration of psychotropic medication without consent
authorized under certain circumstances.
1. An agency which provides child welfare
services may allow the administration of, and a foster parent or other provider
of substitute care for a child in the custody of an agency which provides child
welfare services may administer, a psychotropic medication to a child without
obtaining consent from a person who is legally responsible for the psychiatric
care of the child if:
(a) The child has a prescription for a
psychotropic medication upon entering the custody of the agency and the agency
continues administering the psychotropic medication in accordance with that
prescription; or
(b) A physician determines that an emergency
exists which requires the immediate administration of a psychotropic medication
before consent may be obtained from the person who is legally responsible for
the psychiatric care of the child. The agency which provides child welfare
services shall obtain documentation, which may include an incident report or
other documentation which demonstrates that an emergency existed, regarding the
circumstances surrounding the administration of the psychotropic medication.
2. If a psychotropic medication is
administered pursuant to this section, the agency which provides child welfare
services shall take reasonable efforts, as soon as practicable, to notify the
parent or legal guardian of the child and the person who is legally responsible
for the psychiatric care of the child of the administration of the psychotropic
medication.
(Added to NRS by 2011, 2673)
NRS 432B.469 Agency which provides child welfare services retains
responsibility for health and well-being of child in its custody. The provisions of NRS
432B.4681 to 432B.469, inclusive, do not
relieve an agency which provides child welfare services of any responsibility
of the agency relating to the general health and well-being of a child in the
custody of the agency.
(Added to NRS by 2011, 2669)
Hearing on Protective Custody
NRS 432B.470 Hearing required; notice.
1. A child taken into protective custody
pursuant to NRS 432B.390 must be given a hearing,
conducted by a judge, master or special master appointed by the judge for that
particular hearing, within 72 hours, excluding Saturdays, Sundays and holidays,
after being taken into custody, to determine whether the child should remain in
protective custody pending further action by the court.
2. Except as otherwise provided in this
subsection, notice of the time and place of the hearing must be given to a
parent or other person responsible for the child’s welfare:
(a) By personal service of a written notice;
(b) Orally; or
(c) If the parent or other person responsible for
the child’s welfare cannot be located after a reasonable effort, by posting a
written notice on the door of the residence of the parent or other person.
Ê If the child
was delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of the parent is
unknown, the parent shall be deemed to have waived any notice of the hearing
conducted pursuant to this section.
3. If notice is given by means of
paragraph (b) or (c) of subsection 2, a copy of the notice must be mailed to
the person at the last known address of the person within 24 hours after the
child is placed in protective custody.
(Added to NRS by 1985, 1380; A 2001, 1259)
NRS 432B.480 Hearing: Court required to advise parties of rights;
determinations by court; order to continue custody or release child.
1. At each hearing conducted pursuant to NRS 432B.470:
(a) At the commencement of the hearing, the court
shall advise the parties of their right to be represented by an attorney and of
their right to present evidence.
(b) The court shall determine whether there is
reasonable cause to believe that it would be:
(1) Contrary to the welfare of the child
for the child to reside at his or her home; or
(2) In the best interests of the child to
place the child outside of his or her home.
Ê The court
shall prepare an explicit statement of the facts upon which each of its
determinations is based. If the court makes an affirmative finding regarding
either subparagraph (1) or (2), the court shall issue an order keeping the
child in protective custody pending a disposition by the court.
(c) The court shall determine whether the child
has been placed in a home or facility that complies with the requirements of NRS 432B.3905. If the placement does not comply with
the requirements of NRS 432B.3905, the court
shall establish a plan with the agency which provides child welfare services
for the prompt transfer of the child into a home or facility that complies with
the requirements of NRS 432B.3905.
2. If the court issues an order keeping
the child in protective custody pending a disposition by the court and it is in
the best interests of the child, the court may:
(a) Place the child in the temporary custody of a
grandparent, great-grandparent or other person related within the fifth degree
of consanguinity to the child who the court finds has established a meaningful
relationship with the child, with or without supervision upon such conditions
as the court prescribes, regardless of whether the relative resides within this
State; or
(b) Grant the grandparent, great-grandparent or
other person related within the fifth degree of consanguinity to the child a
reasonable right to visit the child while the child is in protective custody.
3. If the court finds that the best
interests of the child do not require that the child remain in protective
custody, the court shall order the immediate release of the child.
4. If a child is placed with any person
who resides outside this State, the placement must be in accordance with NRS 127.330.
(Added to NRS by 1985, 1380; A 1987, 1194; 1991, 1183; 2001, 1845; 2007, 1005; 2009, 215)
NRS 432B.490 Procedure following hearing or investigation.
1. An agency which provides child welfare
services:
(a) In cases where the death of a parent of the
child is or may be the result of an act by the other parent that constitutes
domestic violence pursuant to NRS 33.018,
shall within 10 days after the hearing on protective custody initiate a
proceeding in court by filing a petition which meets the requirements set forth
in NRS 432B.510;
(b) In cases where a court issues an order
keeping the child in protective custody pursuant to paragraph (b) of subsection
1 of NRS 432B.480, shall within 10 days after the
hearing on protective custody, unless good cause exists, initiate a proceeding
in court by filing a petition which meets the requirements set forth in NRS 432B.510 or recommend against any further action
in court; or
(c) In cases where an investigation is made under
NRS 432B.010 to 432B.400,
inclusive, and a determination is made that the child is in need of protection
but is not in imminent danger, may file a petition which meets the requirements
set forth in NRS 432B.510.
2. If the agency recommends against
further action, the court may, on its own motion, initiate proceedings when it
finds that it is in the best interests of the child.
3. If a child has been placed in
protective custody and if further action in court is taken, an agency which
provides child welfare services shall make recommendations to the court
concerning whether the child should be returned to the person responsible for
the welfare of the child pending further action in court.
4. If, in a case described in paragraph
(b) of subsection 1, an agency which provides child welfare services fails to
initiate a proceeding in court by filing a petition which meets the requirements
set forth in NRS 432B.510 within 10 days after the
hearing on protective custody:
(a) The agency may recommend against further
action and return the child to the custody of the person responsible for the
welfare of the child; or
(b) Any party to the proceeding may schedule an
additional hearing with the court which must take place before the next
scheduled court date to determine whether the child should be returned to the
person responsible for the welfare of the child pending further action by the
court.
5. Except as otherwise provided in this
subsection, notice of the time and place of a hearing scheduled pursuant to
paragraph (b) of subsection 4 must be given to a parent or other person
responsible for the welfare of the child:
(a) By personal service of a written notice;
(b) Orally; or
(c) If the parent or other person responsible for
the welfare of the child cannot be located after a reasonable effort, by
posting a written notice on the door of the residence of the parent or other
person.
Ê If the child
was delivered to a provider of emergency services pursuant to the provisions of
NRS 432B.630 and the location of the parent is
unknown, the parent shall be deemed to have waived any notice of any hearing
conducted pursuant to this section.
6. If notice of a hearing scheduled
pursuant to paragraph (b) of subsection 4 is given by means of paragraph (b) or
(c) of subsection 5, a copy of the notice must be mailed to the parent or other
person responsible for the welfare of the child at his or her last known
address within 24 hours after the petition is filed.
7. The court shall hold a hearing
scheduled pursuant to paragraph (b) of subsection 4 to decide whether there
remains reasonable cause to believe that it would be:
(a) Contrary to the welfare of the child for the
child to reside at his or her home; or
(b) In the best interests of the child to keep
the child outside of his or her home.
(Added to NRS by 1985, 1380; A 1999, 832; 2001
Special Session, 47; 2011, 2524;
2013, 447)
Hearing on Need of Protection for Child
NRS 432B.500 Appointment of guardian ad litem after filing of petition.
1. After a petition is filed that a child
is in need of protection pursuant to NRS 432B.490,
the court shall appoint a guardian ad litem for the child. The person so
appointed:
(a) Must meet the requirements of NRS 432B.505 or, if such a person is not available, a
representative of an agency which provides child welfare services, a juvenile
probation officer, an officer of the court or another volunteer.
(b) Must not be a parent or other person
responsible for the child’s welfare.
2. No compensation may be allowed a person
serving as a guardian ad litem pursuant to this section.
3. A guardian ad litem appointed pursuant
to this section shall:
(a) Represent and protect the best interests of
the child until excused by the court;
(b) Thoroughly research and ascertain the
relevant facts of each case for which the guardian ad litem is appointed, and
ensure that the court receives an independent, objective account of those
facts;
(c) Meet with the child wherever the child is
placed as often as is necessary to determine that the child is safe and to
ascertain the best interests of the child;
(d) Explain to the child the role of the guardian
ad litem and, when appropriate, the nature and purpose of each proceeding in the
case;
(e) Participate in the development and
negotiation of any plans for and orders regarding the child, and monitor the
implementation of those plans and orders to determine whether services are
being provided in an appropriate and timely manner;
(f) Appear at all proceedings regarding the
child;
(g) Inform the court of the desires of the child,
but exercise independent judgment regarding the best interests of the child;
(h) Present recommendations to the court and
provide reasons in support of those recommendations;
(i) Request the court to enter orders that are
clear, specific and, when appropriate, include periods for compliance;
(j) Review the progress of each case for which
the guardian ad litem is appointed, and advocate for the expedient completion
of the case; and
(k) Perform such other duties as the court
orders.
(Added to NRS by 1985, 1379; A 1999, 2039; 2001
Special Session, 48)
NRS 432B.505 Qualifications of special advocate for appointment as guardian
ad litem.
1. To qualify for appointment as a
guardian ad litem pursuant to NRS 432B.500 in a
judicial district that includes a county whose population is less than 100,000,
a special advocate must be a volunteer from the community who completes an
initial 12 hours of specialized training and, annually thereafter, completes 6
hours of specialized training. The training must be approved by the court and
include information regarding:
(a) The dynamics of the abuse and neglect of
children;
(b) Factors to consider in determining the best
interests of a child, including planning for the permanent placement of the
child;
(c) The interrelationships between the family
system, legal process and system of child welfare;
(d) Skills in mediation and negotiation;
(e) Federal, state and local laws affecting
children;
(f) Cultural, ethnic and gender-specific issues;
(g) Domestic violence;
(h) Resources and services available in the
community for children in need of protection;
(i) Child development;
(j) Standards for guardians ad litem;
(k) Confidentiality issues; and
(l) Such other topics as the court deems
appropriate.
2. To qualify for appointment as a
guardian ad litem pursuant to NRS 432B.500 in a
judicial district that does not include a county whose population is less than
100,000, a special advocate must be qualified pursuant to the standards for
training of the National Court Appointed Special Advocate Association or its
successor. If such an Association ceases to exist, the court shall determine
the standards for training.
(Added to NRS by 1999, 2031)
NRS 432B.510 Execution and contents of petition; representation of interests
of public.
1. A petition alleging that a child is in
need of protection may be signed only by:
(a) A representative of an agency which provides
child welfare services;
(b) A law enforcement officer or probation
officer; or
(c) The district attorney.
2. The district attorney shall countersign
every petition alleging need of protection, and shall represent the interests
of the public in all proceedings. If the district attorney fails or refuses to
countersign the petition, the petitioner may seek a review by the Attorney
General. If the Attorney General determines that a petition should be filed,
the Attorney General shall countersign the petition and shall represent the
interests of the public in all subsequent proceedings.
3. Every petition must be entitled “In the
Matter of……………, a child,” and must be verified by the person who signs it.
4. Every petition must set forth
specifically:
(a) The facts which bring the child within the
jurisdiction of the court as indicated in NRS 432B.410.
(b) The name, date of birth and address of the
primary residence of the child at the time of removal.
(c) The names and addresses of the residences of
the child’s parents and any other person responsible for the child’s welfare,
and spouse if any. If the parents or other person responsible for the welfare
of the child do not reside in this State or cannot be found within the State,
or if their addresses are unknown, the petition must state the name of any
known adult relative residing within the State or, if there is none, the known
adult relative residing nearest to the court.
(d) Whether the child is in protective custody
and, if so:
(1) The agency responsible for placing the
child in protective custody and the reasons therefor; and
(2) Whether the child has been placed in a
home or facility in compliance with the provisions of NRS
432B.3905. If the placement does not comply with the provisions of NRS 432B.3905, the petition must include a plan for
transferring the child to a placement which complies with the provisions of NRS 432B.3905.
5. When any of the facts required by
subsection 4 are not known, the petition must so state.
(Added to NRS by 1985, 1381; A 1997, 2475; 2001, 1850; 2001
Special Session, 48; 2003, 236; 2007, 1006; 2013, 238)
NRS 432B.513 Copy of report or information required to be provided to parent
or guardian before certain proceedings.
1. Except as otherwise provided in
subsection 3, a person who submits a report or information to the court for
consideration in a proceeding held pursuant to NRS
432B.466 to 432B.468, inclusive, or 432B.500 to 432B.590,
inclusive, shall provide a copy of the report or information, to the extent
that the data or information in the report or information is available pursuant
to NRS 432B.290, to each parent or guardian of the
child who is the subject of the proceeding and to the attorney of each parent
or guardian not later than 72 hours before the proceeding.
2. If a person does not provide a copy of
a report or information to a parent or guardian of a child and an attorney of
the parent or guardian before a proceeding if required by subsection 1, the
court or master:
(a) Shall provide the parent or guardian and the
attorney of the parent or guardian an opportunity to review the report or
information; and
(b) May grant a continuance of the proceeding
until a later date that is agreed upon by all the parties to the proceeding if
the parent or guardian or the attorney of the parent or guardian requests that
the court grant the continuance so that the parent or guardian and the attorney
of the parent or guardian may properly respond to the report or information.
3. If a child was delivered to a provider
of emergency services pursuant to NRS 432B.630 and
the location of the parent of the child is unknown, a copy of a report or
information described in subsection 1 need not be sent to that parent or the
attorney of that parent pursuant to subsection 1.
4. As used in this section, “person”
includes, without limitation, a government, governmental agency or political
subdivision of a government.
(Added to NRS by 2001, 1699; A 2003, 592)
NRS 432B.515 Electronic filing of certain petitions and reports.
1. A court clerk may allow any of the
following documents to be filed electronically:
(a) A petition signed by the district attorney
pursuant to NRS 432B.510; or
(b) A report prepared pursuant to NRS 432B.540.
2. Any document that is filed
electronically pursuant to this section must contain an image of the signature
of the person who is filing the document.
(Added to NRS by 1997, 893)
NRS 432B.520 Issuance of summons; authorizing the assumption of custody by
court and removal of child from certain conditions; authorizing the attachment
of child and placement of child in protective custody.
1. After a petition has been filed, the
court shall direct the clerk to issue a summons requiring the person who has
custody or control of the child to appear personally and bring the child before
the court at a time and place stated in the summons. If the person so summoned
is other than a parent or guardian of the child, then the parent or guardian, or
both, must also be notified by a similar summons of the pendency of the hearing
and of the time and place appointed.
2. Summons may be issued requiring the
appearance of any other person whose presence, in the opinion of the court, is
necessary.
3. Each summons must include notice of the
right of parties to counsel at the adjudicatory hearing. A copy of the petition
must be attached to each summons.
4. If the:
(a) Person summoned resides in this state, the
summons must be served personally;
(b) Person summoned cannot be found within this
state or does not reside in this state, the summons must be mailed by
registered or certified mail to the last known address of the person; or
(c) Child was delivered to a provider of
emergency services pursuant to NRS 432B.630 and
the location of the parent is unknown, the summons must be served on the parent
by publication at least once a week for 3 consecutive weeks in a newspaper
published in the county and if no such newspaper is published, then a newspaper
published in this state that has a general circulation in the county. The
failure of the parent to appear in the action after the service of summons on
the parent pursuant to this paragraph shall be deemed to constitute a waiver by
the parent of any further notice of the proceedings that would otherwise be
required pursuant to this chapter.
5. If it appears that the child is in such
condition or surroundings that the welfare of the child requires that custody
be immediately assumed by the court, the court may order, by endorsement upon
the summons, that the person serving it shall at once deliver the child to an
agency which provides child welfare services in whose custody the child must remain
until the further order of the court.
6. If the summons cannot be served or the
person who has custody or control of the child fails to obey it, or:
(a) In the judge’s opinion, the service will be
ineffectual or the welfare of the child requires that the child be brought
forthwith into the custody of the court; or
(b) A person responsible for the child’s welfare
has absconded with the child or concealed the child from a representative of an
agency which provides child welfare services,
Ê the court may
issue a writ for the attachment of the child’s person, commanding a law
enforcement officer or a representative of an agency which provides child
welfare services to place the child in protective custody.
(Added to NRS by 1985, 1381; A 1991, 922; 2001, 1259; 2001
Special Session, 49)
NRS 432B.530 Adjudicatory hearing on petition; disposition.
1. An adjudicatory hearing must be held
within 30 days after the filing of the petition, unless good cause is shown or
the hearing has been continued until a later date pursuant to NRS 432B.513.
2. At the hearing, the court shall inform
the parties of the specific allegations in the petition and give them an
opportunity to admit or deny them. If the allegations are denied, the court
shall hear evidence on the petition.
3. In adjudicatory hearings, all relevant
and material evidence helpful in determining the questions presented, including
oral and written reports, may be received by the court and may be relied upon
to the extent of its probative value. The parties or their attorney must be
afforded an opportunity to examine and controvert written reports so received
and to cross-examine individuals making reports when reasonably available.
4. The court may require the child to be
present in court at the hearing.
5. If the court finds by a preponderance
of the evidence that the child was in need of protection at the time of the
removal of the child from the home, it shall record its findings of fact and
may proceed immediately or at another hearing held within 15 working days, to
make a proper disposition of the case. If the court finds that the allegations
in the petition have not been established, it shall dismiss the petition and,
if the child is in protective custody, order the immediate release of the
child.
6. The findings of fact recorded by the
court pursuant to subsection 5 and any specific allegations in the petition
admitted to by the parties must be included as part of the disposition of the
case in the report required to be made to the Central Registry pursuant to NRS 432B.310.
(Added to NRS by 1985, 1382; A 2001, 1703, 1846; 2003, 87; 2013, 2879)
NRS 432B.540 Report by agency which provides child welfare services; plan for
placement of child.
1. If the court finds that the allegations
of the petition are true, it shall order that a report be made in writing by an
agency which provides child welfare services, concerning:
(a) Except as otherwise provided in paragraph
(b), the conditions in the child’s place of residence, the child’s record in
school, the mental, physical and social background of the family of the child,
its financial situation and other matters relevant to the case; or
(b) If the child was delivered to a provider of
emergency services pursuant to NRS 432B.630, any
matters relevant to the case.
2. If the agency believes that it is
necessary to remove the child from the physical custody of the child’s parents,
it must submit with the report a plan designed to achieve a placement of the
child in a safe setting as near to the residence of the parent as is consistent
with the best interests and special needs of the child. The plan must include,
without limitation:
(a) A description of the type, safety and
appropriateness of the home or institution in which the child could be placed,
including, without limitation, a statement that the home or institution would
comply with the provisions of NRS 432B.3905, and
a plan for ensuring that the child would receive safe and proper care and a
description of the needs of the child;
(b) A description of the services to be provided
to the child and to a parent to facilitate the return of the child to the
custody of the parent or to ensure the permanent placement of the child;
(c) The appropriateness of the services to be
provided under the plan; and
(d) A description of how the order of the court
will be carried out.
(Added to NRS by 1985, 1382; A 1995, 362; 1999, 2039; 2001, 1260, 1846; 2001
Special Session, 50; 2003, 236; 2007, 1006)
NRS 432B.550 Determination of custody and placement of child by court;
retention of certain rights by parent when child placed other than with parent;
determination of whether agency which provides child welfare services has made
reasonable efforts required.
1. If the court finds that a child is in
need of protection, it may, by its order, after receipt and review of the
report from the agency which provides child welfare services:
(a) Permit the child to remain in the temporary
or permanent custody of the parents of the child or a guardian with or without
supervision by the court or a person or agency designated by the court, and
with or without retaining jurisdiction of the case, upon such conditions as the
court may prescribe;
(b) Place the child in the temporary or permanent
custody of a relative, a fictive kin or other person the court finds suitable
to receive and care for the child with or without supervision, and with or
without retaining jurisdiction of the case, upon such conditions as the court may
prescribe; or
(c) Place the child in the temporary custody of a
public agency or institution authorized to care for children, the local
juvenile probation department, the local department of juvenile services or a
private agency or institution licensed by the Department of Health and Human
Services or a county whose population is 100,000 or more to care for such a
child.
Ê In carrying
out this subsection, the court may, in its sole discretion and in compliance
with the requirements of chapter 159 of NRS,
consider an application for the guardianship of the child. If the court grants
such an application, it may retain jurisdiction of the case or transfer the
case to another court of competent jurisdiction.
2. If, pursuant to subsection 1, a child
is placed other than with a parent:
(a) The parent retains the right to consent to
adoption, to determine the child’s religious affiliation and to reasonable
visitation, unless restricted by the court. If the custodian of the child
interferes with these rights, the parent may petition the court for enforcement
of the rights of the parent.
(b) The court shall set forth good cause why the
child was placed other than with a parent.
3. If, pursuant to subsection 1, the child
is to be placed with a relative or fictive kin, the court may consider, among
other factors, whether the child has resided with a particular relative or
fictive kin for 3 years or more before the incident which brought the child to
the court’s attention.
4. Except as otherwise provided in this
subsection, a copy of the report prepared for the court by the agency which
provides child welfare services must be sent to the custodian and the parent or
legal guardian. If the child was delivered to a provider of emergency services
pursuant to NRS 432B.630 and the location of the
parent is unknown, the report need not be sent to that parent.
5. In determining the placement of a child
pursuant to this section, if the child is not permitted to remain in the
custody of the parents of the child or guardian:
(a) It must be presumed to be in the best
interests of the child to be placed together with the siblings of the child.
(b) Preference must be given to placing the child
in the following order:
(1) With any person related within the
fifth degree of consanguinity to the child or a fictive kin, and who is
suitable and able to provide proper care and guidance for the child, regardless
of whether the relative or fictive kin resides within this State.
(2) In a foster home that is licensed
pursuant to chapter 424 of NRS.
6. Any search for a relative with whom to
place a child pursuant to this section must be completed within 1 year after
the initial placement of the child outside of the home of the child. If a child
is placed with any person who resides outside of this State, the placement must
be in accordance with NRS 127.330.
7. Within 60 days after the removal of a
child from the home of the child, the court shall:
(a) Determine whether:
(1) The agency which provides child
welfare services has made the reasonable efforts required by paragraph (a) of
subsection 1 of NRS 432B.393; or
(2) No such efforts are required in the
particular case; and
(b) Prepare an explicit statement of the facts
upon which its determination is based.
8. As used in this section, “fictive kin”
means a person who is not related by blood to a child but who has a significant
emotional and positive relationship with the child.
(Added to NRS by 1985, 1383; A 1987, 1195; 1991, 1183, 1359, 1936; 1993, 468; 1999, 2040; 2001, 1261, 1847; 2001
Special Session, 51; 2003, 236; 2005, 2096; 2005, 22nd
Special Session, 47; 2009, 216; 2011, 255)
NRS 432B.553 Plan for permanent placement of child.
1. An agency that obtains legal custody of
a child pursuant to NRS 432B.550 shall:
(a) Adopt a plan for the permanent placement of
the child for review by the court at a hearing conducted pursuant to NRS 432B.590; and
(b) Make reasonable efforts to finalize the
permanent placement of the child in accordance with the plan adopted pursuant
to paragraph (a). The provisions of subsections 4, 5 and 6 of NRS 432B.393 shall be deemed to apply to the
reasonable efforts required by this paragraph.
2. If the child is not residing in the
home of the child and has been in foster care for 14 or more of the immediately
preceding 20 months, the agency shall include the termination of parental
rights to the child in the plan for the permanent placement of the child,
unless the agency determines that:
(a) The child is in the care of a relative;
(b) The plan for the child requires the agency to
make reasonable efforts pursuant to NRS 432B.393
to reunify the family of the child, and the agency has not provided to the
family, consistently within the period specified in the plan for the child,
such services as the agency deems necessary for the safe return of the child to
the home of the child; or
(c) There are compelling reasons, which are
documented in the plan for the child, for concluding that the filing of a
petition to terminate parental rights to the child would not be in the best
interests of the child.
(Added to NRS by 2001, 1839)
NRS 432B.555 Restriction on release of child to custodial parent or guardian
who has been convicted of abuse, neglect or endangerment of child. In any proceeding held pursuant to NRS 432B.410 to 432B.590,
inclusive, if the court determines that a custodial parent or guardian of a
child who has been placed in protective custody has ever been convicted of a
violation of NRS 200.508, the court
shall not release the child to that custodial parent or guardian unless the
court finds by clear and convincing evidence presented at the proceeding that
no physical or psychological harm to the child will result from the release of
the child to that parent or guardian.
(Added to NRS by 1995, 805; A 2001, 1848; 2003, 592)
NRS 432B.560 Additional orders by court: Treatment; conduct; visitation;
support.
1. The court may also order:
(a) The child, a parent or the guardian to
undergo such medical, psychiatric, psychological, or other care or treatment as
the court considers to be in the best interests of the child.
(b) A parent or guardian to refrain from:
(1) Any harmful or offensive conduct
toward the child, the other parent, the custodian of the child or the person
given physical custody of the child; and
(2) Visiting the child if the court
determines that the visitation is not in the best interest of the child.
(c) A reasonable right of visitation for a
grandparent of the child if the child is not permitted to remain in the custody
of the parents of the child.
2. The court shall order a parent or
guardian to pay to the custodian an amount sufficient to support the child
while the child is in the care of the custodian pursuant to an order of the
court, unless the child was delivered to a provider of emergency services
pursuant to NRS 432B.630 and the location of the
parent is unknown. Payments for the obligation of support must be determined in
accordance with NRS 125B.070 and 125B.080, but must not exceed the
reasonable cost of the child’s care, including food, shelter, clothing, medical
care and education. An order for support made pursuant to this subsection must:
(a) Require that payments be made to the
appropriate agency or office;
(b) Provide that the custodian is entitled to a
lien on the obligor’s property in the event of nonpayment of support; and
(c) Provide for the immediate withholding of
income for the payment of support unless:
(1) All parties enter into an alternative
written agreement; or
(2) One party demonstrates and the court
finds good cause to postpone the withholding.
3. A court that enters an order pursuant
to subsection 2 shall ensure that the social security number of the parent or
guardian who is the subject of the order is:
(a) Provided to the Division of Welfare and
Supportive Services of the Department of Health and Human Services.
(b) Placed in the records relating to the matter
and, except as otherwise required to carry out a specific statute, maintained
in a confidential manner.
(Added to NRS by 1985, 1383; A 1987, 1196; 1991, 1339; 1993, 543; 1997, 2267; 1999, 2685; 2001, 1262)
NRS 432B.570 Motion for revocation or modification of order.
1. A motion for revocation or modification
of an order issued pursuant to NRS 432B.550 or 432B.560 may be filed by the custodian of the child,
the governmental organization or person responsible for supervising the care of
the child, the guardian ad litem of the child or a parent or guardian. Notice
of this motion must be given by registered or certified mail to all parties of
the adjudicatory hearing, the custodian and the governmental organization or
person responsible for supervising the care of the child.
2. The court shall hold a hearing on the
motion and may dismiss the motion or revoke or modify any order as it
determines is in the best interest of the child.
(Added to NRS by 1985, 1383)
NRS 432B.580 Semiannual review by court of placement of child.
1. Except as otherwise provided in this
section and NRS 432B.513, if a child is placed
pursuant to NRS 432B.550 other than with a parent,
the placement must be reviewed by the court at least semiannually, and within
90 days after a request by a party to any of the prior proceedings. Unless the
parent, guardian or the custodian objects to the referral, the court may enter
an order directing that the placement be reviewed by a panel appointed pursuant
to NRS 432B.585.
2. An agency acting as the custodian of
the child shall, before any hearing for review of the placement of a child,
submit a report to the court, or to the panel if it has been designated to
review the matter, which includes:
(a) An evaluation of the progress of the child
and the family of the child and any recommendations for further supervision,
treatment or rehabilitation.
(b) Information concerning the placement of the
child in relation to the child’s siblings, including, without limitation:
(1) Whether the child was placed together
with the siblings;
(2) Any efforts made by the agency to have
the child placed together with the siblings;
(3) Any actions taken by the agency to
ensure that the child has contact with the siblings; and
(4) If the child is not placed together
with the siblings:
(I) The reasons why the child is not
placed together with the siblings; and
(II) A plan for the child to visit
the siblings, which must be approved by the court.
(c) A copy of an academic plan developed for the
child pursuant to NRS 388.155, 388.165 or 388.205.
(d) A copy of any explanations regarding
medication that has been prescribed for the child that have been submitted by a
foster home pursuant to NRS 424.0383.
3. Except as otherwise provided in this
subsection, a copy of the report submitted pursuant to subsection 2 must be
given to the parents, the guardian ad litem and the attorney, if any,
representing the parent or the child. If the child was delivered to a provider
of emergency services pursuant to NRS 432B.630 and
the parent has not appeared in the action, the report need not be sent to that
parent.
4. After a plan for visitation between a
child and the siblings of the child submitted pursuant to subparagraph (4) of
paragraph (b) of subsection 2 has been approved by the court, the agency which
provides child welfare services must request the court to issue an order
requiring the visitation set forth in the plan for visitation. If a person
refuses to comply with or disobeys an order issued pursuant to this subsection,
the person may be punished as for a contempt of court.
5. The court or the panel shall hold a
hearing to review the placement, unless the parent, guardian or custodian files
a motion with the court to dispense with the hearing. If the motion is granted,
the court or panel may make its determination from any report, statement or
other information submitted to it.
6. Except as otherwise provided in this
subsection and paragraph (c) of subsection 4 of NRS
432B.520, notice of the hearing must be given by registered or certified
mail to:
(a) All the parties to any of the prior
proceedings;
(b) Any persons planning to adopt the child;
(c) A sibling of the child, if known, who has
been granted a right to visitation of the child pursuant to NRS 127.171 and his or her attorney, if
any; and
(d) Any other relatives of the child or providers
of foster care who are currently providing care to the child.
7. The notice of the hearing required to
be given pursuant to subsection 6:
(a) Must include a statement indicating that if
the child is placed for adoption the right to visitation of the child is
subject to the provisions of NRS 127.171;
(b) Must not include any confidential information
described in NRS 127.140; and
(c) Need not be given to a parent whose rights
have been terminated pursuant to chapter 128
of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.
8. The court or panel may require the
presence of the child at the hearing and shall provide to each person to whom
notice was given pursuant to subsection 6 a right to be heard at the hearing.
9. The court or panel shall review:
(a) The continuing necessity for and
appropriateness of the placement;
(b) The extent of compliance with the plan submitted
pursuant to subsection 2 of NRS 432B.540;
(c) Any progress which has been made in
alleviating the problem which resulted in the placement of the child; and
(d) The date the child may be returned to, and
safely maintained in, the home or placed for adoption or under a legal
guardianship.
10. The provision of notice and a right to
be heard pursuant to this section does not cause any person planning to adopt
the child, any sibling of the child or any other relative, any adoptive parent
of a sibling of the child or a provider of foster care to become a party to the
hearing.
(Added to NRS by 1985, 1384; A 1991, 1360; 1999, 2041; 2001, 1263, 1704; 2005, 2098; 2011, 146, 2665; 2013, 239)
NRS 432B.585 Appointment of panel to conduct semiannual review. For the purposes of conducting a review
required by NRS 432B.580, the judge or judges of
the court may by mutual consent appoint a panel of three or more persons. The
persons so appointed shall serve without compensation and at the pleasure of
the court.
(Added to NRS by 1991, 1358; A 2001, 1705)
NRS 432B.590 Annual hearing on disposition of case; when presumption that
best interests of child will be served by termination of parental rights
arises.
1. Except as otherwise provided in NRS 432B.513, the court shall hold a hearing
concerning the permanent placement of a child:
(a) Not later than 12 months after the initial
removal of the child from the home of the child and annually thereafter.
(b) Within 30 days after making any of the
findings set forth in subsection 3 of NRS 432B.393.
Ê Notice of
this hearing must be given by registered or certified mail to all the persons
to whom notice must be given pursuant to subsection 6 of NRS 432B.580.
2. The court may require the presence of
the child at the hearing and shall provide to each person to whom notice was
given pursuant to subsection 1 a right to be heard at the hearing.
3. At the hearing, the court shall review
any plan for the permanent placement of the child adopted pursuant to NRS 432B.553 and determine:
(a) Whether the agency with legal custody of the
child has made the reasonable efforts required by subsection 1 of NRS 432B.553;
(b) Whether, and if applicable when:
(1) The child should be returned to the
parents of the child or placed with other relatives;
(2) It is in the best interests of the
child to:
(I) Initiate proceedings to
terminate parental rights pursuant to chapter 128
of NRS so that the child can be placed for adoption;
(II) Initiate proceedings to
establish a guardianship pursuant to chapter 159
of NRS; or
(III) Establish a guardianship in
accordance with NRS 432B.466 to 432B.468, inclusive; or
(3) The agency with legal custody of the
child has produced documentation of its conclusion that there is a compelling
reason for the placement of the child in another permanent living arrangement;
(c) If the child will not be returned to the
parents of the child, whether the agency with legal custody of the child fully
considered placement options both within and outside of this State;
(d) If the child has attained the age of 16
years, whether the child will receive the services needed to assist the child
in transitioning to independent living; and
(e) If the child has been placed outside of this
State, whether the placement outside of this State continues to be appropriate
for and in the best interests of the child.
Ê The court
shall prepare an explicit statement of the facts upon which each of its
determinations is based. If the court determines that it is in the best
interests of the child to terminate parental rights, the court shall use its
best efforts to ensure that the procedures required by chapter 128 of NRS are completed within 6 months
after the date the court makes that determination, including, without
limitation, appointing a private attorney to expedite the completion of the
procedures. The provisions of this subsection do not limit the jurisdiction of
the court to review any decisions of the agency with legal custody of the child
regarding the permanent placement of the child.
4. If a child has been placed outside of
the home and has resided outside of the home pursuant to that placement for 14
months of any 20 consecutive months, the best interests of the child must be
presumed to be served by the termination of parental rights.
5. This hearing may take the place of the
hearing for review required by NRS 432B.580.
6. The provision of notice and a right to
be heard pursuant to this section does not cause any person planning to adopt
the child, any sibling of the child or any other relative, any adoptive parent
of a sibling of the child or a provider of foster care to become a party to the
hearing.
(Added to NRS by 1985, 1384; A 1991, 1360; 1995, 362; 1999, 2042; 2001, 1705, 1848; 2003, 87, 592; 2005, 2099; 2011, 147; 2013, 241)
CONTINUATION OF JURISDICTION OF COURT OVER CHILD WHO
REACHES 18 YEARS OF AGE WHILE IN CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE
SERVICES
NRS 432B.591 “Child” defined. As
used in NRS 432B.591 to 432B.595,
inclusive, “child” means a person who is:
1. Under the age of 18 years; and
2. Over the age of 18 years and who
remains under the jurisdiction of the court pursuant to NRS
432B.594.
(Added to NRS by 2011, 249)
NRS 432B.592 Court to refer child to attorney for counsel regarding
continuation of jurisdiction.
1. A court shall refer a child who is in
the custody of an agency which provides child welfare services to an attorney
in the county who provides legal services without a charge to abused or
neglected children if the court determines that the child:
(a) Has reached the age of 17 years; and
(b) Is not likely to be returned to the custody
of his or her parent before reaching the age of 18 years.
2. The court shall request the attorney to
whom such a child is referred to counsel the child regarding the legal
consequences of remaining under the jurisdiction of the court after reaching 18
years of age and assist the child in deciding whether to remain under the
jurisdiction of the court.
(Added to NRS by 2011, 249)
NRS 432B.593 Agency which provides child welfare services to meet with child
to determine whether child intends to request continuation of jurisdiction;
effect of such meeting; child who has independent living agreement not
prohibited from requesting continuation of jurisdiction.
1. At least 120 days before the date on
which a child who is in the custody of an agency which provides child welfare
services reaches the age of 18 years, the agency which provides child welfare
services shall meet with the child to determine whether the child intends to
request that the court retain jurisdiction over the child pursuant to NRS 432B.594 after the child reaches the age of 18
years.
2. If the child indicates during the
meeting held pursuant to subsection 1 that the child does not intend to request
that the court retain jurisdiction over the child, the agency which provides
child welfare services shall recommend that the court terminate jurisdiction
over the child when the child reaches the age of 18 years.
3. Notwithstanding a determination made by
a child during a meeting held pursuant to subsection 1, any time before
reaching the age of 18 years, the child may:
(a) Inform the agency which provides child
welfare services that the child intends to request that the court continue
jurisdiction over the child pursuant to NRS 432B.594,
and the agency shall revise its recommendation to the court accordingly; or
(b) Request that the court retain jurisdiction
over the child pursuant to NRS 432B.594, and the
court shall accept jurisdiction.
4. A child who enters into an agreement
with an agency which provides child welfare services before the child reaches
the age of 18 years to allow the child to live independently is not prohibited
from requesting that the court retain jurisdiction over the child pursuant to NRS 432B.594, and such a child is entitled to the
same rights and protections set forth in NRS 432B.591
to 432B.595, inclusive, as provided to any other
child.
(Added to NRS by 2011, 249)
NRS 432B.594 Retention of court’s jurisdiction over child; termination of
such jurisdiction; written agreement between agency which provides child
welfare services and child; resolution of dispute between agency and child;
rights of child to services and payments while under jurisdiction of court.
1. A court which orders a child to be
placed other than with a parent and which has jurisdiction over the child when
the child reaches the age of 18 years shall retain jurisdiction over the child
if the child so requests.
2. Except as otherwise provided in this
section, jurisdiction over a child that is retained pursuant to subsection 1
continues until:
(a) The agency which provides child welfare
services, the child and the attorney of the child agree to terminate the
jurisdiction;
(b) The court determines that:
(1) The child has achieved the goals set
forth in the plan developed pursuant to NRS 432B.595;
(2) The child is not making a good faith
effort to achieve the goals set forth in the plan developed pursuant to NRS 432B.595; or
(3) The circumstances of the child have
changed in such a manner that it is infeasible for the child to achieve the goals
set forth in the plan developed pursuant to NRS
432B.595;
(c) The child requests that jurisdiction be
terminated; or
(d) The child reaches the age of 21 years,
Ê whichever
occurs first.
3. If the court that retains jurisdiction
over a child pursuant to this section transfers jurisdiction to another court
in this State, the court which accepts jurisdiction must retain jurisdiction
over the case for the period provided pursuant to this section.
4. A child who requests that the court
retain jurisdiction over the child pursuant to this section must, upon reaching
the age of 18 years, enter into a written agreement with the agency which
provides child welfare services. The agreement, which must be filed with the
court, must include, without limitation, the following provisions, which must
specify that:
(a) The child voluntarily requested that the
court retain jurisdiction over the child;
(b) While under the jurisdiction of the court,
the child is entitled to continue to receive services from the agency which
provides child welfare services and to receive monetary payments directly or to
have such payments provided to another entity as designated in the plan
developed pursuant to NRS 432B.595 in an amount
not to exceed the rate of payment for foster care;
(c) While under the jurisdiction of the court,
the child will no longer be under the legal custody of the agency which
provides child welfare services, and the proceedings concerning the child
conducted pursuant to NRS 432B.410 to 432B.590, inclusive, will terminate;
(d) The child may, at any time, request that
jurisdiction over the child be terminated; and
(e) If there is an issue concerning the child
while under the jurisdiction of the court, the child and the agency which
provides child welfare services agree to attempt to resolve the issue before
requesting a hearing before the court to address the issue.
5. If an issue arises concerning a child
who remains under the jurisdiction of the court, the child, the agency which
provides child welfare services or the attorney assigned to the case may
request a hearing before the court to address the issue. Before requesting such
a hearing, the child and the agency which provides child welfare services must
attempt to resolve the issue.
6. If the agency which provides child
welfare services wishes to have the court terminate jurisdiction over the
child, the agency which provides child welfare services must send a notice to
the child and the attorney of the child informing the child and the attorney of
the child that the child has 15 days after receipt of the notice in which to
request an informal administrative review. If, during the administrative
review, a resolution is not reached, the child or the attorney of the child may
request a hearing before the court pursuant to subsection 5. If the child and
the attorney of the child agree to have jurisdiction terminated or do not
request an informal administrative review, the jurisdiction of the court must
terminate upon notice to the court by the agency which provides child welfare
services.
7. A child, while under the jurisdiction
of the court pursuant to this section, is entitled to continue to receive
services and monetary payments from the agency which provides child welfare
services directly or to have such payments provided to another person or entity
as designated in the plan developed pursuant to NRS
432B.595 in an amount not to exceed the rate of payment for foster care.
8. The court may issue any order which it
deems appropriate or necessary to ensure:
(a) That the agency which provides child welfare
services provides the services and monetary payments which the child is
entitled to receive; and
(b) That the child who remains under the
jurisdiction of the court is working towards achieving the goals of the plan
developed pursuant to NRS 432B.595.
(Added to NRS by 2011, 250)
NRS 432B.595 Written plan to assist child to transition to independent
living; duties of agency which provides child welfare services during period
that court retains jurisdiction.
1. If the court retains jurisdiction over
a child pursuant to NRS 432B.594, the agency which
provides child welfare services shall develop a written plan to assist the
child in transitioning to independent living. Such a plan must include, without
limitation, the following goals:
(a) That the child save enough money to pay for
his or her monthly expenses for at least 3 months;
(b) If the child has not graduated from high
school or obtained a general equivalency diploma or an equivalent document,
that the child remain enrolled in high school or a program to obtain a general
equivalency diploma or an equivalent document until graduation or completion of
the program;
(c) If the child has graduated from high school
or obtained a general equivalency diploma or an equivalent document, that the
child:
(1) Enroll in a program of postsecondary
or vocational education;
(2) Enroll or participate in a program or
activity designed to promote or remove obstacles to employment; or
(3) Obtain or actively seek employment
which is at least 80 hours per month;
(d) That the child secure housing;
(e) That the child have adequate income to meet
his or her monthly expenses;
(f) That the child identify an adult who will be
available to provide support to the child;
(g) If applicable, that the child have
established appropriate supportive services to address any mental health or
developmental needs of the child; and
(h) If a child is not capable of achieving one or
more of the goals set forth in paragraphs (a) to (g), inclusive, that the child
have goals which are appropriate for the child based upon the needs of the
child.
2. During the period in which the court retains
jurisdiction over the child, the agency which provides child welfare services
shall:
(a) Monitor the plan developed pursuant to
subsection 1 and adjust the plan as necessary;
(b) Contact the child by telephone at least once
each month and in person at least quarterly;
(c) Ensure that the child meets with a person who
will provide guidance to the child and make the child aware of the services
which will be available to the child; and
(d) Conduct a meeting with the child at least 30
days, but not more than 45 days, before the jurisdiction of the court is
terminated to determine whether the child requires any additional guidance.
(Added to NRS by 2011, 252;
A 2013,
3292)
ADVISORY BOARDS TO EXPEDITE PROCEEDINGS FOR PLACEMENT OF
CHILDREN
NRS 432B.602 Rural Advisory Board to Expedite Proceedings for Placement of
Children: Creation; terms; vacancies; members serve without compensation;
duties.
1. The Rural Advisory Board to Expedite
Proceedings for the Placement of Children, consisting of two members from each
local advisory board created by a district court pursuant to NRS 432B.604, is hereby created within the Division
of Child and Family Services.
2. After the initial terms, the members of
the Rural Advisory Board serve terms of 4 years. Any member of the Rural
Advisory Board may be reappointed. If a vacancy occurs during the term of a
member, the district court that created the local advisory board from which the
member was appointed shall appoint a person to replace that member for the
remainder of the unexpired term.
3. Members of the Rural Advisory Board
serve without compensation, except that necessary travel and per diem expenses
may be reimbursed, not to exceed the amounts provided for state officers and
employees generally, to the extent that money is made available for that
purpose.
4. The Division of Child and Family
Services shall provide the Rural Advisory Board with administrative support and
shall provide any information requested by the Rural Advisory Board to the
Rural Advisory Board within 10 working days after receiving the request for
information.
5. The Rural Advisory Board shall:
(a) At its first meeting and annually thereafter,
elect a Chair from among its members.
(b) Meet at least four times annually and may
meet at other times upon the call of the Chair.
(c) Review the findings of each local advisory
board created pursuant to NRS 432B.604.
(d) Prepare and make available to the public an
annual report, including, without limitation, a summary of the activities of
the Rural Advisory Board.
(Added to NRS by 1999, 2029)
NRS 432B.604 Local advisory boards to expedite proceedings for placement of
children: Creation; members; terms; vacancies; members serve without
compensation; duties.
1. The district court in each judicial
district that includes a county whose population is less than 100,000 shall
create a local advisory board to expedite proceedings for the placement of
children. The district court shall appoint to the local advisory board:
(a) One member who is representative of foster
parents;
(b) One member who is representative of attorneys
in public or private practice;
(c) One member who is employed by the Division of
Child and Family Services;
(d) One member who is either employed by the
public school system and works with children on a regular basis, or works in
the field of mental health and works with children on a regular basis; and
(e) One member who is a resident of the judicial
district in which the local advisory board is created.
2. The district court shall provide for
initial terms of each member of the local advisory board so that the terms are
staggered. After the initial terms, the members of the local advisory board
shall serve terms of 4 years. Any member of the local advisory board may be
reappointed. If a vacancy occurs during the term of a member, the district
court shall appoint a person similarly qualified to replace that member for the
remainder of the unexpired term. The district court may remove a member from
the local advisory board if the member neglects his or her duty or commits
malfeasance in office.
3. The district court shall appoint two
members of the local advisory board to serve on the Rural Advisory Board
created pursuant to NRS 432B.602.
4. Members of a local advisory board serve
without compensation, and necessary travel and per diem expenses may not be
reimbursed.
5. The Division of Child and Family
Services shall provide each local advisory board with administrative support
and shall provide any information requested by a local advisory board to the
local advisory board within 10 working days after receiving the request for
information.
6. Each local advisory board shall:
(a) At its first meeting and annually thereafter,
elect a chair from among its members.
(b) Review each case referred to it pursuant to NRS 432B.606, and provide the referring court and the
Office of the Attorney General with any recommendations to expedite the
completion of the case.
(c) Twice each year, provide a report of its
activities and any recommendations to expedite the completion of cases to the
district court, the Division of Child and Family Services and the Legislature,
or the Legislative Commission when the Legislature is not in regular session.
7. A local advisory board may review other
cases as deemed appropriate by the district court.
(Added to NRS by 1999, 2030)
NRS 432B.606 Referral of case by court to local advisory board. If the court has not approved the permanent
placement of a child within 12 months after the initial removal of the child
from the child’s home, it shall refer the case to the local advisory board
created pursuant to NRS 432B.604, if such a local
advisory board was created for that judicial district, to obtain
recommendations from the local advisory board to expedite the completion of the
case.
(Added to NRS by 1999, 2031)
COURT-ORDERED ADMISSION OF CERTAIN CHILDREN WITH EMOTIONAL
DISTURBANCE TO CERTAIN FACILITIES
NRS 432B.607 Definitions. As
used in NRS 432B.607 to 432B.6085,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 432B.6071 to 432B.6074,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2005, 1317; A 2009, 410)
NRS 432B.6071 “Child with an emotional disturbance” defined. “Child with an emotional disturbance” has the
meaning ascribed to it in NRS 433B.045.
(Added to NRS by 2005, 1317)
NRS 432B.60715 “Court-ordered admission of a child” defined. “Court-ordered admission of a child” includes,
without limitation:
1. A child who is in the custody of an
agency which provides child welfare services and who is not in a facility whom
the court orders to be admitted to a facility; and
2. A child who has been placed in a
facility under an emergency admission and whom the court orders to be admitted
for the purpose of continuing the placement.
(Added to NRS by 2009, 410)
NRS 432B.6072 “Facility” defined. “Facility”
means a psychiatric hospital or facility which provides residential treatment
for mental illness that has a unit in the hospital or facility capable of being
locked to prevent a child with an emotional disturbance from leaving the
hospital or facility.
(Added to NRS by 2005, 1317)
NRS 432B.6073 “Person professionally qualified in the field of psychiatric
mental health” defined. “Person
professionally qualified in the field of psychiatric mental health” has the
meaning ascribed to it in NRS 433A.018.
(Added to NRS by 2005, 1318)
NRS 432B.6074 “Treatment” defined. “Treatment”
has the meaning ascribed to it in NRS
433.224.
(Added to NRS by 2005, 1318)
NRS 432B.6075 Petition: Filing; certificate or statement of alleged emotional
disturbance.
1. A proceeding for a court-ordered
admission of a child alleged to be a child with an emotional disturbance who is
in the custody of an agency which provides child welfare services to a facility
may be commenced by the filing of a petition with the clerk of the court which
has jurisdiction in proceedings concerning the child. The petition may be filed
by the agency which provides child welfare services without the consent of a
parent of the child. The petition must be accompanied:
(a) By a certificate of a physician, psychiatrist
or licensed psychologist stating that the physician, psychiatrist or licensed
psychologist has examined the child alleged to be a child with an emotional
disturbance and has concluded that the child has an emotional disturbance and,
because of that condition, is likely to harm himself or herself or others if
allowed liberty; or
(b) By a sworn written statement by the
petitioner that:
(1) The petitioner has, based upon
personal observation of the child alleged to be a child with an emotional
disturbance, probable cause to believe that the child has an emotional
disturbance and, because of that condition, is likely to harm himself or
herself or others if allowed liberty; and
(2) The child alleged to be a child with
an emotional disturbance has refused to submit to examination or treatment by a
physician, psychiatrist or licensed psychologist.
2. If a petition filed pursuant to this
section is to continue the placement of the child after an emergency admission,
the petition must be filed not later than 5 days after the emergency admission
or the child must be released.
(Added to NRS by 2005, 1318; A 2009, 410)
NRS 432B.6076 Findings and order; alternative courses of treatment.
1. Except as otherwise provided in NRS 432B.6077, if the court finds, after proceedings
for the court-ordered admission of a child alleged to be a child with an
emotional disturbance who is in the custody of an agency which provides child
welfare services to a facility, including, without limitation, an evidentiary
hearing:
(a) That there is not clear and convincing
evidence that the child with respect to whom the hearing was held exhibits
observable behavior such that the child is likely to harm himself or herself or
others if allowed liberty, the court shall enter its finding to that effect and
the child must not be admitted to a facility.
(b) That there is clear and convincing evidence
that the child with respect to whom the hearing was held is in need of
treatment in a facility and is likely to harm himself or herself or others if
allowed liberty, the court may order the admission of the child for the most
appropriate course of treatment. The order of the court must be interlocutory
and must not become final if, within 30 days after the admission, the child is
unconditionally released from the facility pursuant to NRS
432B.6084.
2. Before issuing an order for admission
or a renewal thereof, the court shall explore other alternative courses of
treatment within the least restrictive appropriate environment as suggested by
the evaluation team who evaluated the child, or other persons professionally
qualified in the field of psychiatric mental health, which the court believes
may be in the best interests of the child.
(Added to NRS by 2005, 1318; A 2009, 411)
NRS 432B.6077 Petition required before child may be placed in facility other
than under emergency admission; psychological examination of child required
under certain circumstances; placement in less restrictive environment; any
person may oppose petition.
1. An agency which provides child welfare
services shall not place a child who is in the custody of the agency in a
facility, other than under an emergency admission, unless the agency has
petitioned the court for the court-ordered admission of the child to a facility
pursuant to NRS 432B.6075.
2. If a petition for the court-ordered
admission of a child filed pursuant to NRS 432B.6075
is accompanied by the information described in paragraph (b) of subsection 1 of
NRS 432B.6075, the court shall order a
psychological evaluation of the child.
3. If a court which receives a petition
filed pursuant to NRS 432B.6075 for the
court-ordered admission to a facility of a child who is in the custody of an
agency which provides child welfare services determines pursuant to subsection
2 of NRS 432B.6076 that the child could be
treated effectively in a less restrictive appropriate environment than a
facility, the court must order the placement of the child in a less restrictive
appropriate environment. In making such a determination, the court may consider
any information provided to the court, including, without limitation:
(a) Any information provided pursuant to
subsection 4;
(b) Any suggestions of psychologists,
psychiatrists or other physicians who have evaluated the child concerning the
appropriate environment for the child; and
(c) Any suggestions of licensed clinical social
workers or other professionals or any adult caretakers who have interacted with
the child and have information concerning the appropriate environment for the
child.
4. If a petition for the court-ordered
admission of a child who is in the custody of an agency which provides child
welfare services is filed pursuant to NRS 432B.6075:
(a) Any person, including, without limitation,
the child, may oppose the petition for the court-ordered admission of the child
by filing a written opposition with the court or stating the opposition in
court; and
(b) The agency which provides child welfare
services must present information to the court concerning whether:
(1) A facility is the appropriate
environment to provide treatment to the child; or
(2) A less restrictive appropriate
environment would serve the needs of the child.
(Added to NRS by 2005, 1318; A 2009, 411)
NRS 432B.6078 Provision of information and assistance to child; second
examination of child.
1. Not later than 5 days after a child who
is in the custody of an agency which provides child welfare services has been
admitted to a facility pursuant to NRS 432B.6076,
the agency which provides child welfare services shall inform the child of his
or her legal rights and the provisions of NRS 432B.607
to 432B.6085, inclusive, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS and NRS 435.530 to 435.635, inclusive, and, if the child or
the child’s attorney desires, assist the child in requesting the court to
authorize a second examination by an evaluation team that includes a physician,
psychiatrist or licensed psychologist who are not employed by, connected to or
otherwise affiliated with the facility other than a physician, psychiatrist or
licensed psychologist who performed an original examination which authorized the
court to order the admission of the child to the facility. A second examination
must be conducted not later than 5 business days after the court authorizes the
examination.
2. If the court authorizes a second
examination of the child, the examination must:
(a) Include, without limitation, an evaluation
concerning whether the child should remain in the facility and a recommendation
concerning the appropriate placement of the child which must be provided to the
facility; and
(b) Be paid for by the governmental entity that
is responsible for the agency which provides child welfare services, if such
payment is not otherwise provided by the State Plan for Medicaid.
(Added to NRS by 2005, 1319; A 2009, 412; 2013, 3002)
NRS 432B.6079 Considerations for court in issuing or renewing order. In determining pursuant to NRS 432B.6076 and 432B.608
whether to issue or renew an order for the admission of a child who is in the
custody of an agency which provides child welfare services to a facility, the
court shall consider:
1. The reports of any examinations or
evaluations of a child by any psychologist, psychiatrist or other physician;
2. Any information concerning the child
provided to the court by a licensed clinical social worker or other
professional or any adult caretaker who is knowledgeable about the child or a
guardian ad litem appointed for the child pursuant to NRS
432B.500;
3. The wishes of the child concerning
care, treatment and training and placement in a facility;
4. The best interests of the child,
including, without limitation, whether the court believes the child might
experience any psychological trauma from court-ordered admission;
5. Any alternative care, treatment or
training options; and
6. Any other information the court deems
relevant concerning the child.
(Added to NRS by 2005, 1320)
NRS 432B.608 Expiration and renewal of admission.
1. If the court issues an order for the
admission to a facility of a child who is in the custody of an agency which
provides child welfare services pursuant to NRS
432B.6076, the admission automatically expires at the end of 90 days if not
terminated previously by the facility as provided for in subsection 2 of NRS 432B.6084.
2. At the end of the court-ordered period
of treatment, the agency which provides child welfare services, the Division of
Child and Family Services or any facility may petition to renew the admission
of the child for additional periods not to exceed 60 days each.
3. For each renewal, the petition must set
forth the specific reasons why further treatment in the facility would be in
the best interests of the child and the court shall apply the same standards
when considering a petition to renew the admission of the child as were applied
for the original petition for the court-ordered admission of the child.
(Added to NRS by 2005, 1320; A 2009, 413)
NRS 432B.6081 Plan for continued care, treatment and training of child upon
discharge. A facility which
provides care, treatment or training to a child who is in the custody of an
agency which provides child welfare services and who is admitted to the
facility pursuant to NRS 432B.6076 shall develop
a plan, in consultation with the child, for the continued care, treatment and
training of the child upon discharge from the facility. The plan must:
1. Be developed not later than 10 days
after the child is admitted to the facility;
2. Be submitted to the court after each
period of admission ordered by the court pursuant to NRS
432B.6076 in the manner set forth in NRS 432B.608;
and
3. Include, without limitation:
(a) The anticipated date of discharge of the
child from the facility;
(b) The name of any psychiatrist or psychologist
who will provide care, treatment or training to the child after the child is
discharged from the facility, if appropriate;
(c) A plan for any appropriate care, treatment or
training for the child for at least 30 days after the child is discharged from
the facility; and
(d) The suggested placement of the child after
the child is discharged from the facility.
(Added to NRS by 2005, 1320; A 2009, 413)
NRS 432B.6082 Personal rights. In
addition to the personal rights set forth in NRS
432B.607 to 432B.6085, inclusive, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS, and NRS 435.530 to 435.635, inclusive, a child who is in the
custody of an agency which provides child welfare services and who is admitted
to a facility has the following personal rights, a list of which must be
prominently posted in all facilities providing evaluation, treatment or
training services to such children and must be otherwise brought to the
attention of the child by such additional means as prescribed by regulation:
1. To receive an education as required by
law; and
2. To receive an allowance from the agency
which provides child welfare services in an amount equivalent to any allowance
required to be provided to children who reside in foster homes.
(Added to NRS by 2005, 1321; A 2013, 3002)
NRS 432B.6083 Conditional release: No liability of State; notice to court and
attorney of agency; order to return to facility; judicial review of order to
return to facility.
1. Except as otherwise provided in
subsection 3, any child who is admitted to a facility by a court pursuant to NRS 432B.6076 may be conditionally released from the
facility when, in the judgment of the medical director of the facility, the
conditional release is in the best interest of the child and will not be
detrimental to the public welfare. The medical director of the facility or the
designee of the medical director shall prescribe the period for which the
conditional release is effective. The period must not extend beyond the last day
of the court-ordered period of treatment specified pursuant to NRS 432B.608.
2. When a child is conditionally released
pursuant to subsection 1, the State or a county, or any of its agents or
employees, is not liable for any debts or contractual obligations, medical or
otherwise, incurred or damages caused by the actions of the child.
3. A child who was admitted by a court
because the child was likely to harm others if allowed to remain at liberty may
be conditionally released only if, at the time of the release, written notice
is given to the court which admitted the child and to the attorney of the
agency which provides child welfare services that initiated the proceedings for
admission.
4. Except as otherwise provided in
subsection 6, the administrative officer of a facility or the designee of the
administrative officer shall order a child who is conditionally released from
that facility pursuant to this section to return to the facility if a
psychiatrist and a member of that child’s treatment team who is professionally
qualified in the field of psychiatric mental health determine that the
conditional release is no longer appropriate because that child presents a
clear and present danger of harm to himself or herself or others. Except as
otherwise provided in this subsection, the administrative officer or the
designee of the administrative officer shall, at least 3 days before the
issuance of the order to return, give written notice of the order to the court
that admitted the child to the facility. If an emergency exists in which the
child presents an imminent threat of danger of harm to himself or herself or
others, the order must be submitted to the court not later than 1 business day
after the order is issued.
5. The court shall review an order
submitted pursuant to subsection 4 and the current condition of the child who
was ordered to return to the facility at its next regularly scheduled hearing
for the review of petitions for court-ordered admissions, but in no event later
than 5 judicial days after the child is returned to the facility. The
administrative officer or the designee of the administrative officer shall give
written notice to the agency which provides child welfare services, to the
child who was ordered to return to the facility and to the child’s attorney of
the time, date and place of the hearing and of the facts necessitating that
child’s return to the facility.
6. The provisions of subsection 4 do not
apply if the period of conditional release has expired.
(Added to NRS by 2005, 1321)
NRS 432B.6084 Release without further order of court; early release.
1. When a child who is admitted to a
facility by a court pursuant to NRS 432B.6076 is
released at the end of the court-ordered period of treatment specified pursuant
to NRS 432B.608, written notice must be given to
the admitting court at least 10 days before the release of the child. The child
may then be released without requiring further orders of the court.
2. A child who is admitted to a facility
by a court pursuant to NRS 432B.6076 may be
unconditionally released before the court-ordered period of treatment specified
in NRS 432B.608 when:
(a) An evaluation team, including, without
limitation, an evaluation team that conducts an examination pursuant to NRS 432B.6078, or two persons professionally
qualified in the field of psychiatric mental health, at least one of them being
a physician, determines that the child has recovered from any emotional
disturbance or has improved to such an extent that the child is no longer
considered to present a clear and present danger of harm to himself or herself
or others; and
(b) Under advisement from the evaluation team or
two persons professionally qualified in the field of psychiatric mental health,
at least one of them being a physician, the medical director of the facility
authorizes the release and gives written notice to the admitting court at least
10 days before the release of the child.
(Added to NRS by 2005, 1322)
NRS 432B.6085 Children’s rights; application of various provisions of chapters
433 and 435 of NRS and all of chapters
433A and 433B of NRS to children in custody of
agency which provides child welfare services.
1. Nothing in this chapter purports to
deprive any person of any legal rights without due process of law.
2. Unless the context clearly indicates
otherwise, the provisions of NRS 432B.607 to 432B.6085, inclusive, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS and NRS 435.530 to 435.635, inclusive, apply to all children
who are in the custody of an agency which provides child welfare services.
(Added to NRS by 2005, 1322; A 2013, 3002)
SEXUAL ABUSE OR SEXUAL EXPLOITATION OF CHILDREN UNDER AGE
OF 18 YEARS
NRS 432B.610 Training of certain peace officers for detection and
investigation of and response to cases of sexual abuse or sexual exploitation
of children; regulations.
1. The Peace Officers’ Standards and
Training Commission shall:
(a) Require each category I peace officer to
complete a program of training for the detection and investigation of and
response to cases of sexual abuse or sexual exploitation of children under the
age of 18 years.
(b) Not certify any person as a category I peace
officer unless the person has completed the program of training required
pursuant to paragraph (a).
(c) Establish a program to provide the training
required pursuant to paragraph (a).
(d) Adopt regulations necessary to carry out the
provisions of this section.
2. As used in this section, “category I
peace officer” means:
(a) Sheriffs of counties and of metropolitan
police departments, their deputies and correctional officers;
(b) Personnel of the Nevada Highway Patrol whose
principal duty is to enforce one or more laws of this State, and any person
promoted from such a duty to a supervisory position related to such a duty;
(c) Marshals, police officers and correctional
officers of cities and towns;
(d) Members of the Police Department of the Nevada
System of Higher Education;
(e) Employees of the Division of State Parks of
the State Department of Conservation and Natural Resources designated by the
Administrator of the Division who exercise police powers specified in NRS 289.260;
(f) The Chief, investigators and agents of the
Investigation Division of the Department of Public Safety; and
(g) The personnel of the Department of Wildlife
who exercise those powers of enforcement conferred by title 45 and chapter 488 of NRS.
(Added to NRS by 1993, 1335; A 1995, 559; 1999, 2429; 2001, 2614; 2003, 1564; 2005, 674)
NRS 432B.620 Certification of peace officers who regularly investigate cases
of sexual abuse or sexual exploitation of children; regulations.
1. A peace officer assigned to investigate
regularly cases of sexual abuse or sexual exploitation of children under the
age of 18 years must be certified to carry out those duties by the Peace
Officers’ Standards and Training Commission.
2. The Peace Officers’ Standards and
Training Commission shall require each peace officer assigned to investigate
regularly cases of sexual abuse or sexual exploitation of children under the
age of 18 years to complete, within 1 year after the peace officer is assigned
to investigate those cases and each year thereafter, a program of training for
the detection and investigation of and response to cases of sexual abuse or
sexual exploitation of children under the age of 18 years.
3. If a law enforcement agency does not
have a peace officer who is certified to investigate cases of sexual abuse or
sexual exploitation of children under the age of 18 years pursuant to NRS 432B.610, it may consult with a peace officer of
another law enforcement agency who is so certified.
4. The Peace Officers’ Standards and
Training Commission shall:
(a) Establish the program of training required
pursuant to subsection 2.
(b) Adopt regulations necessary to carry out the
provisions of this section.
5. The provisions of this section do not
prohibit a peace officer who is not certified to investigate cases of sexual
abuse or sexual exploitation of children under the age of 18 years pursuant to NRS 432B.610 from testifying or presenting evidence
at any proceeding relating to the sexual abuse or sexual exploitation of a
child under the age of 18 years.
(Added to NRS by 1993, 1336; A 1999, 2430)
KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM
NRS 432B.621 “Program” defined. As
used in NRS 432B.621 to 432B.626,
inclusive, unless the context otherwise requires, “Program” means the Kinship
Guardianship Assistance Program established and administered by the Department
pursuant to NRS 432B.622.
(Added to NRS by 2011, 538)
NRS 432B.622 Department to establish and administer Program; agency which
provides child welfare services authorized to enter into agreement to provide
assistance to relative of child pursuant to Program.
1. The Department, through a division of
the Department designated by the Director, shall establish and administer the
Kinship Guardianship Assistance Program to provide assistance pursuant to the
provisions of NRS 432B.621 to 432B.626, inclusive, and 42 U.S.C. §§ 671 and 673.
2. The Department shall adopt a state plan
for the administration of the Program.
3. An agency which provides child welfare
services may enter into an agreement to provide assistance to a relative of a
child pursuant to the Program. Such an agreement may be entered into with a
relative who is located outside the State of Nevada. If a guardianship for the
child is established in the other state, the agency which provides child
welfare services must comply with any order of the court of the state in which
the child resides concerning the guardianship.
(Added to NRS by 2011, 538)
NRS 432B.623 Qualifications for assistance pursuant to Program; placement of
sibling of child who is eligible for assistance.
1. As a condition to the provision of assistance
pursuant to the Program:
(a) A child must:
(1) Have been removed from his or her
home:
(I) Pursuant to a written agreement
voluntarily entered by the parent or guardian of the child and an agency which
provides child welfare services; or
(II) By a court which has
determined that it is in the best interests of the child for the child to
remain in protective custody or to be placed in temporary or permanent custody outside
his or her home;
(2) For not less than 6 consecutive
months, have been eligible to receive maintenance pursuant to Part E of Title
IV of the Social Security Act, 42 U.S.C. §§ 670 et seq., while residing with
the relative of the child;
(3) Not have as an option for permanent
placement the return to the home or the adoption of the child;
(4) Demonstrate a strong attachment to the
relative;
(5) If the child is 14 years of age or
older, be consulted regarding the guardianship arrangement; and
(6) Meet any other requirements for
eligibility set forth in 42 U.S.C. §§ 671 and 673.
(b) A relative of the child must:
(1) Demonstrate a strong commitment to
caring for the child permanently;
(2) Be a provider of foster care as
defined in NRS 424.017;
(3) Enter into a written agreement for
assistance with an agency which provides child welfare services before the
relative is appointed as the legal guardian of the child;
(4) Be appointed as the legal guardian of
the child by a court of competent jurisdiction and comply with any requirements
imposed by the court; and
(5) Meet any other requirements for
eligibility set forth in 42 U.S.C. §§ 671 and 673.
2. If the sibling of a child who is
eligible for assistance pursuant to the Program is not eligible for such
assistance, the sibling may be placed with the child who is eligible for
assistance upon approval of the agency which provides child welfare services
and the relative. In such a case, payments may be made for the sibling so
placed as if the sibling is eligible for the Program.
(Added to NRS by 2011, 539;
A 2013,
1454)
NRS 432B.624 Required provisions in agreement for assistance entered into
pursuant to Program; eligibility for federal assistance for adoption not
affected by such agreement.
1. An agreement for assistance entered
into pursuant to the Program must include, without limitation:
(a) The amount of assistance provided under the
agreement for each eligible child, which must not exceed the amount that the
agency which provides child welfare services would provide to a foster parent
if the child had been placed in foster care;
(b) The manner in which the assistance will be
provided;
(c) The manner in which the agency which provides
child welfare services may periodically adjust the amount of assistance, in
consultation with the relative, based on the circumstances of the relative and
the child;
(d) Any additional services or assistance that
the child or relative may be eligible to receive under the agreement and a
description of those services or assistance;
(e) The procedure by which the relative may apply
for additional services or assistance, as needed; and
(f) Any other requirements set forth in 42 U.S.C.
§§ 671 and 673.
2. The agency which provides child welfare
services shall provide a copy of the agreement to the relative before he or she
is appointed as the legal guardian of the child.
3. An agreement for assistance entered
into pursuant to the Program remains in effect even if the relative changes the
state of his or her residence.
4. An agreement made pursuant to this
section does not affect the eligibility of the child to receive federal
assistance for his or her adoption if the child is later adopted.
(Added to NRS by 2011, 539)
NRS 432B.625 Background checks required before entering into agreement with
relative for assistance pursuant to Program.
1. An agency which provides child welfare
services shall, before entering into an agreement for assistance pursuant to
the Program, obtain from appropriate law enforcement agencies information on
the background and personal history of each relative of a child who seeks
assistance pursuant to the Program and each resident of the home of such
relative who is 18 years of age or older, to determine whether the person
investigated has been arrested for or convicted of any crime.
2. The relative and each resident of the
home of such relative must submit to the agency which provides child welfare
services or its approved designee:
(a) A complete set of fingerprints and written
permission authorizing the agency or its approved designee to forward those
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for its report to enable
the agency or its approved designee to conduct an investigation pursuant to
this subsection; and
(b) Written permission to conduct a child abuse
and neglect screening.
(Added to NRS by 2011, 540)
NRS 432B.626 Agency which provides child welfare services to include certain
information in case plan of child whose legal guardian receives assistance
pursuant to Program. If a child is
appointed a legal guardian who receives assistance pursuant to the Program, an
agency which provides child welfare services shall document in the case plan
maintained for the child:
1. The steps taken by the agency which
provides child welfare services to determine that adoption or returning the
child to his or her home is not an appropriate placement for the child.
2. The reason that the child was separated
from any siblings during placement, if applicable.
3. The reasons that a permanent placement
with a relative is in the best interests of the child.
4. That the child meets the requirements
for eligibility set forth in NRS 432B.623.
5. The efforts made by the agency which
provides child welfare services to discuss adoption of the child by the
relative as an alternative to appointment as the legal guardian of the child
and the reason that the relative has chosen not to pursue adoption.
6. The efforts made by the agency which
provides child welfare services to discuss with the natural parent of the child
the agreement to provide assistance to a relative or the reason that the agency
was unable to discuss the agreement with the natural parent of the child, as
applicable.
(Added to NRS by 2011, 540)
MISCELLANEOUS PROVISIONS
NRS 432B.630 Delivery of newborn child to provider of emergency services.
1. A provider of emergency services shall
take immediate possession of a child who is or appears to be not more than 30
days old:
(a) When:
(1) The child is voluntarily delivered to
the provider by a parent of the child; and
(2) The parent does not express an intent
to return for the child; or
(b) When the child is delivered to the provider
by another provider of emergency services pursuant to paragraph (b) of
subsection 2.
2. A provider of emergency services who
takes possession of a child pursuant to subsection 1 shall:
(a) Whenever possible, inform the parent of the
child that:
(1) By allowing the provider to take possession
of the child, the parent is presumed to have abandoned the child;
(2) By failing or refusing to provide an
address where the parent can be located, the parent waives any notice of the
hearing to be conducted pursuant to NRS 432B.470;
and
(3) Unless the parent contacts the local
agency which provides child welfare services, action will be taken to terminate
his or her parental rights regarding the child.
(b) Perform any act necessary to maintain and
protect the physical health and safety of the child. If the provider is a
public fire-fighting agency, a volunteer fire department, a law enforcement
agency or an ambulance service, the provider shall immediately cause the safe
delivery of the child to a hospital, an obstetric center or an independent
center for emergency medical care licensed pursuant to chapter 449 of NRS.
(c) As soon as reasonably practicable but not later
than 24 hours after the provider takes possession of the child, report that
possession to an agency which provides child welfare services and, if the
provider is not a law enforcement agency, to a law enforcement agency. The law
enforcement agency shall notify the Clearinghouse and investigate further, if
necessary, using any other resources to determine whether the child has been
reported as a missing child. Upon conclusion of the investigation, the law
enforcement agency shall inform the agency which provides child welfare
services of its determination. The agency which provides child welfare services
shall maintain that information for statistical and research purposes.
3. A parent who delivers a child to a
provider of emergency services pursuant to paragraph (a) of subsection 1:
(a) Shall leave the child:
(1) In the physical possession of a person
who the parent has reasonable cause to believe is an employee of the provider;
or
(2) On the property of the provider in a
manner and location that the parent has reasonable cause to believe will not
threaten the physical health or safety of the child, and immediately contact
the provider, through the local emergency telephone number or otherwise, and
inform the provider of the delivery and location of the child. A provider of
emergency services is not liable for any civil damages as a result of any harm
or injury sustained by a child after the child is left on the property of the
provider pursuant to this subparagraph and before the provider is informed of
the delivery and location of the child pursuant to this subparagraph or the
provider takes physical possession of the child, whichever occurs first.
(b) Shall be deemed to have given consent to the
performance of all necessary emergency services and care for the child.
(c) Must not be required to provide any
background or medical information regarding the child, but may voluntarily do
so.
(d) Unless there is reasonable cause to believe
that the child has been abused or neglected, excluding the mere fact that the
parent has delivered the child to the provider pursuant to subsection 1:
(1) Must not be required to disclose any
identifying information, but may voluntarily do so;
(2) Must be allowed to leave at any time;
and
(3) Must not be pursued or followed.
4. As used in this section:
(a) “Clearinghouse” has the meaning ascribed to
it in NRS 432.150.
(b) “Provider of emergency services” means:
(1) A hospital, an obstetric center or an
independent center for emergency medical care licensed pursuant to chapter 449 of NRS;
(2) A public fire-fighting agency,
including, without limitation, a volunteer fire department;
(3) A law enforcement agency; or
(4) An ambulance service that holds a
permit issued pursuant to the provisions of chapter
450B of NRS.
(Added to NRS by 2001, 1254; A 2001
Special Session, 56; 2003, 236; 2011, 1932;
2013, 1090)
NRS 432B.640 Assessment of child who may need counseling as result of battery
that constitutes domestic violence; provision of evaluation or counseling.
1. Upon receiving a referral from a court
pursuant to subsection 7 of NRS 200.485,
an agency which provides child welfare services may, as appropriate, conduct an
assessment to determine whether a psychological evaluation or counseling is
needed by a child.
2. If an agency which provides child
welfare services conducts an assessment pursuant to subsection 1 and determines
that a psychological evaluation or counseling would benefit the child, the
agency may, with the approval of the parent or legal guardian of the child:
(a) Conduct the evaluation or counseling; or
(b) Refer the child to a person that has entered
into an agreement with the agency to provide those services.
(Added to NRS by 2001, 2487; A 2009, 97)
TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF CHILDREN
NRS 432B.700 Creation; membership. Expired
by limitation. (See chapter 260, Statutes of Nevada 2013, at page 1153.)
NRS 432B.710 Election of Chair and Vice Chair; meetings; quorum;
compensation; vacancies. Expired
by limitation. (See chapter 260, Statutes of Nevada 2013, at page 1153.)
NRS 432B.720 Recommendations of Task Force. Expired
by limitation. (See chapter 260, Statutes of Nevada 2013, at page 1153.)
NRS 432B.730 Recommendations for legislation; final report. Expired by limitation. (See chapter 260,
Statutes of Nevada 2013, at page 1153.)
