Nrs: Chapter 432B - Protection Of Children From Abuse And Neglect

Link to law: https://www.leg.state.nv.us/NRS/NRS-432B.html
Published: 2015

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[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.)