USA Statutes : nevada
Title : Title 38 - PUBLIC WELFARE
Chapter : CHAPTER 432 - PUBLIC SERVICES FOR CHILDREN
As used in this chapter, except as
otherwise defined by specific statute or unless the context otherwise
requires:
1. “Administrator” means the Administrator of the Division.
2. “Agency which provides child welfare services” has the meaning
ascribed to it in NRS 432B.030 .
3. “Child” means a person less than 18 years of age or, if in
school, until graduation from high school.
4. “Department” means the Department of Health and Human Services.
5. “Director” means the Director of the Department.
6. “Division” means the Division of Child and Family Services of
the Department.
7. “Maintenance” means general expenses for care such as board,
shelter, clothing, transportation and other necessary or incidental
expenses, or any of them, or monetary payments therefor.
8. “Special services” means medical, hospital, psychiatric,
surgical or dental services, or any combination thereof.
(Added to NRS by 1960, 326; A 1963, 932; 1967, 1167, 1366; 1993,
2701; 2001 Special Session, 28 ; 2005, 22nd Special Session, 44
)
1. The purposes of the Division are to:
(a) Provide a comprehensive state system for the coordination and
provision of services to children and families who need assistance
relating to juvenile justice and the care, welfare and mental health of
children.
(b) Aid in the preservation, rehabilitation and reunification of
families.
(c) Ensure that children are placed in the least restrictive
environment available which is appropriate to their needs.
(d) Coordinate and provide services for youth who are in need of
residential care or in need of treatment, or both.
2. In accomplishing its purposes, the Division shall:
(a) Establish and coordinate a system for:
(1) The diagnosis and assessment of the needs of particular
children and families, including those in need of multiple services;
(2) The referral of children and families to appropriate
services; and
(3) The management and monitoring of cases in which children
and families are referred to multiple services.
(b) Plan and coordinate the provision of services for the support
of families to:
(1) Maintain the integrity of families;
(2) Ensure that children are not unnecessarily removed from
their homes; and
(3) Ensure that families are reunited as soon as practicable
after the removal of children from their homes.
(c) Ensure that a sufficient range of services is available to
provide care and treatment to children and families in the least
restrictive setting appropriate to their needs.
(d) Work closely with other governmental agencies and with public
and private agencies providing the same or similar services.
3. The Division shall develop standards for carrying out programs
aimed toward the prevention of delinquent acts of children and programs
for the treatment of those brought to its attention. It shall assist in
the development of programs for the predelinquent children whose behavior
tends to lead them into contact with law enforcement agencies.
4. The Division shall develop and assist in carrying out programs
for the diversion of juveniles out of the judicial system and programs
for the aftercare of juveniles who have been released from state
institutions, who have been brought before the juvenile court or family
court or who have otherwise come into contact with law enforcement
agencies. The Administrator shall observe and evaluate the success of
those programs.
(Added to NRS by 2005, 22nd Special Session, 40 )
The
Division consists of an Administrator and:
1. The Nevada Youth Training Center Bureau;
2. The Caliente Youth Center Bureau;
3. The Bureau of Services for Child Care;
4. The Youth Parole Bureau; and
5. Within the limits of legislative appropriation, such additional
administrative sections as the Administrator determines are necessary to
perform the functions of the Division.
(Added to NRS by 2005, 22nd Special Session, 40 )
The Administrator must be appointed on the basis of his
education, training, experience, demonstrated abilities and his interest
in the provision of services to children and families and related
programs.
(Added to NRS by 2005, 22nd Special Session, 41 )
1. The Administrator shall appoint, with the approval of the
Director, a chief of each of the bureaus in the Division. The chiefs are
designated respectively as:
(a) The Superintendent of the Nevada Youth Training Center;
(b) The Superintendent of the Caliente Youth Center;
(c) The Chief of the Bureau of Services for Child Care; and
(d) The Chief of the Youth Parole Bureau.
2. The Administrator is responsible for the administration,
through the Division, of the provisions of chapters 63 and 424 of NRS, NRS
127.220 to 127.310 , inclusive, 432.010 to 432.085 ,
inclusive, and 433B.010 to 433B.350
, inclusive, and all other provisions
of law relating to the functions of the Division, but is not responsible
for the professional activities of the components of the Division except
as specifically provided by law.
(Added to NRS by 2005, 22nd Special Session, 41 )
1. The Superintendents of the Nevada Youth Training Center, the
Caliente Youth Center and any other state facility for the detention of
children that is operated pursuant to title 5 of NRS are in the
unclassified service of the State unless federal law or regulation
requires otherwise.
2. The Chief of the Bureau of Services for Child Care and the
Chief of the Youth Parole Bureau are in the classified service of the
State.
(Added to NRS by 2005, 22nd Special Session, 41 )
The chief of each bureau of the Division shall:
1. Administer the provisions of law relating to his bureau,
subject to the administrative supervision of the Administrator.
2. Except as otherwise provided in NRS 284.143 , devote his entire time and attention to the
business of his office and shall not pursue any other business or
occupation or hold any other office of profit.
(Added to NRS by 2005, 22nd Special Session, 41 )
1. Except as otherwise provided in subsection 2 and by specific
statute:
(a) The Division shall:
(1) Establish and impose a schedule of fees for services
rendered through each of its programs. The highest fee established for a
service must approximate the cost of providing the service.
(2) Establish a scale proportionate to income so that a
family whose income is low can afford services preventive of greater
expense to the family or the public afterward.
(3) Submit the schedule to the Director for approval before
enforcement.
(b) The fees collected pursuant to the schedule must be deposited
in the State Treasury to the credit of the State General Fund.
(c) The Administrator may waive any fee established pursuant to the
schedule if he determines that the person required to pay that fee is
financially unable to do so.
2. Fees collected pursuant to this section for services provided
to juveniles committed to the custody of the Division, the Nevada Youth
Training Center, the Caliente Youth Center or any other state facility
for the detention of children pursuant to title 5 of NRS must be
deposited with the State Treasurer for credit to a separate account in
the State General Fund for expenditure by the Administrator to carry out
the powers and duties of the Administrator and the Division.
(Added to NRS by 2005, 22nd Special Session, 41 )
1. Except for gifts or grants specifically accounted for in
another account, any gifts or grants of money which the Division is
authorized to accept must be deposited in the State Treasury to the
credit of the Division of Child and Family Services’ Gift and Cooperative
Account in the Department of Health and Human Services’ Gift Fund.
2. Money in the Account must be expended in accordance with the
terms of the gift or grant.
3. All claims must be approved by the Administrator before they
are paid.
(Added to NRS by 2005, 22nd Special Session, 42 )
1. The Department may issue a subpoena to compel the attendance of
witnesses, the giving of testimony and the production of books and papers
at an administrative hearing conducted pursuant to the provisions of 20
U.S.C. § 1415 on behalf of a party to that hearing. The subpoena must be
signed by the Director or a person designated by the Director for this
purpose. If a person fails to comply with a subpoena, the Department may
apply to the district court for enforcement of the subpoena.
2. The District Court in and for Carson City or the county in
which a hearing is being conducted for which such a subpoena was issued
may, upon receipt of such an application, compel the attendance of
witnesses, the giving of testimony and the production of books and papers
as required by the subpoena.
3. In case of the refusal of any witness to attend or testify or
produce any papers required by the subpoena, the person holding the
hearing may report to the district court by petition, setting forth:
(a) That due notice has been given of the time and place of
attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in accordance with this
section; and
(c) That the witness has failed or refused to attend or produce the
papers required by subpoena before the person holding the hearing named
in the subpoena, or has refused to answer questions propounded to him in
the course of the hearing,
Ê and asking an order of the court compelling the witness to attend and
testify or produce the books or papers before the person.
4. The court, upon petition of the person holding the hearing,
shall enter an order directing the witness to appear before the court at
a time and place to be fixed by the court in the order, the time must not
be more than 10 days after the date of the order, and then and there show
cause why he has not attended or testified or produced the books or
papers before the person holding the hearing. A certified copy of the
order must be served upon the witness. If it appears to the court that
the subpoena was regularly issued by the person holding the hearing, the
court shall thereupon enter an order that the witness appear before the
person at the time and place fixed in the order and testify or produce
the required books or papers, and upon failure to obey the order, the
witness must be dealt with as for contempt of court.
(Added to NRS by 2005, 22nd Special Session, 42 )
1. The Department, through the Division, is the sole state agency
for the establishment of standards for the receipt of federal money in
the field of juvenile development and for programs to prevent, combat and
control delinquency. The Administrator, with the approval of the
Director, may develop state plans, make reports to the Federal Government
and comply with such other conditions as may be imposed by the Federal
Government for the receipt of assistance for those programs. In
developing and revising state plans, the Administrator shall consider,
among other things, the amount of money available from the Federal
Government for those programs and the conditions attached to that money,
and the limitations of legislative appropriations for the programs.
2. The Administrator shall cause to be deposited with the State
Treasurer all money allotted to this State by the Federal Government for
the purposes described in this section and shall cause to be paid out of
the State Treasury the money therein deposited for those purposes.
(Added to NRS by 2005, 22nd Special Session, 43 )
1. All gifts of money that the Division is authorized to accept
must be deposited in the Nevada Children’s Gift Account in the Department
of Health and Human Services’ Gift Fund.
2. Money in the Gift Account may be used to benefit the children
to whom shelter and care is provided by the Division. Each gift must be
expended in accordance with the terms of the gift.
3. The interest and income earned on the money in the Nevada
Children’s Gift Account, after deducting any applicable charges, must be
credited to the Gift Account.
4. The Division may transfer each fiscal year from the Nevada
Children’s Gift Account to the Nevada Children’s Gift Revolving Account
created pursuant to NRS 432.0165 an
amount not to exceed the amount of interest and income earned for that
fiscal year on the money in the Nevada Children’s Gift Account.
5. Each claim against the Nevada Children’s Gift Account must be
approved by the Administrator or his designee before it is paid.
(Added to NRS by 2005, 22nd Special Session, 43 )
1. The Nevada Children’s Gift Revolving Account is hereby created.
All money in the Nevada Children’s Gift Revolving Account must be
deposited in a financial institution qualified to receive deposits of
public money and must be secured with a depository bond that is
satisfactory to the State Board of Examiners, unless it is otherwise
secured by the Federal Deposit Insurance Corporation, the National Credit
Union Share Insurance Fund or a private insurer approved pursuant to NRS
678.755 .
2. The money in the Nevada Children’s Gift Revolving Account may
be distributed by the Division to foster parents, upon request, on the
basis of need, to pay the costs associated with participation by a child
in foster care in intramural, recreational, social, school and
sports-related activities, including, without limitation, uniforms and
equipment, the rental of musical instruments, registration fees and art
lessons.
3. All requests for distributions of money from the Nevada
Children’s Gift Revolving Account must be made to the Division in
writing. The person making the request must demonstrate that all other
resources for money to pay for the activity have been exhausted.
4. The Division shall develop policies for the administration of
this section.
5. Purchases made by the Division pursuant to this section are
exempt from the provisions of the State Purchasing Act.
6. The balance in the Nevada Children’s Gift Revolving Account
must be carried forward at the end of each fiscal year.
(Added to NRS by 2005, 22nd Special Session, 43 )
1. The Account to Assist Persons Formerly in Foster Care is hereby
established in the Department of Health and Human Services’ Gift Fund.
2. The Account must be administered by the Administrator.
3. The money in the Account must be used to assist persons who
attained the age of 18 years while children in foster care in this State
to make the transition from foster care to economic self-sufficiency, and
may, consistent with that purpose, be:
(a) Disbursed on behalf of such persons, on the basis of need, to
obtain goods and services, including, without limitation:
(1) Job training;
(2) Housing assistance; and
(3) Medical insurance;
(b) Granted to nonprofit community organizations; or
(c) Expended to provide matching money required as a condition of
any federal grant.
4. A request for the disbursement of money from the Account
pursuant to paragraph (a) of subsection 3 must be made to the Division in
writing. The request must include information to demonstrate that all
other resources for money to pay for the goods and services have been
exhausted.
5. The Division shall adopt such regulations as necessary for the
administration of this section.
6. Money in the Account at the end of any fiscal year remains in
the Account and does not revert to any other fund.
(Added to NRS by 2005, 22nd Special Session, 44 )
1. The Department may enter into a contract with a person for the
provision of shelter and care to children who are placed in the custody
of an agency which provides child welfare services.
2. The Department may not enter into a contract pursuant to this
section unless it is satisfied that the person is qualified and has the
necessary facilities and money to provide adequate shelter and care to
the children.
3. The Department shall adopt such regulations as are necessary to
ensure that the person provides adequate shelter and care for the
children placed in his care.
4. The person shall comply with all regulations adopted pursuant
to this section.
(Added to NRS by 2005, 22nd Special Session, 44 )
An agency which provides child welfare services shall:
1. Provide, to the extent that support is not otherwise required
by court order or pursuant to specific statute, maintenance and special
services to:
(a) Unmarried mothers and children awaiting adoptive placement.
(b) Children who are placed in the custody of the agency which
provides child welfare services, and who are placed in foster homes,
homes of relatives other than parents or other facilities or
institutions. Except as otherwise provided by specific statute, if any
child is to be placed in the custody of the agency which provides child
welfare services, pursuant to any order of a court or request made by a
person or agency other than the agency which provides child welfare
services, this order or request may be issued or made only after an
opportunity for a hearing has been given to the agency which provides
child welfare services after 3 days’ notice, or upon request of the
agency which provides child welfare services.
2. Except as otherwise provided by court order or specific
statute, return a child to his natural home or home of a competent
relative for a probationary period any time after the expiration of 60
days after the placement of the child in the custody of the agency which
provides child welfare services, with notification to but without formal
application to a court, but the agency which provides child welfare
services retains the right to custody of the child during the
probationary period, until a court of competent jurisdiction determines
proper custody of the child.
(Added to NRS by 1960, 327; A 1961, 360; 1963, 932; 1967, 1366;
1973, 458, 1612, 1633; 1977, 109; 1985, 1385; 1989, 1157; 1993, 2701;
2001 Special Session, 29 )
Not more than 60 percent of the total number
of children for whom maintenance is provided pursuant to Part E of Title
IV of the Social Security Act, 42 U.S.C. §§ 670 et seq., may have been in
foster care for more than 24 months.
(Added to NRS by 1981, 1600; A 1991, 707)
As soon as practicable after
an agency which provides child welfare services receives an application
by a person to receive the placement of a child, the agency which
provides child welfare services shall notify the person in writing as to
whether the person will be considered for approval as an adoptive parent
or as a provider of foster care.
(Added to NRS by 1999, 2028 ; A 2001 Special Session, 29 )
1. Except as otherwise provided in subsection 2, an employee of an
agency which provides child welfare services may, if otherwise qualified,
provide maintenance and special services to any child other than a child
who:
(a) Is included as a client in the caseload of the employee at the
time of the provision of the maintenance or special services; or
(b) Has been included as a client in the caseload of the employee
within the 3 years immediately preceding the provision of the maintenance
or special services.
2. An employee of an agency which provides child welfare services
may provide maintenance and special services to any child:
(a) Pursuant to court order or request; or
(b) Upon referral of appropriate law enforcement officials for
emergency care.
(Added to NRS by 1960, 327; A 1961, 361; 1963, 932; 1977, 110;
1993, 2701; 2001 Special Session, 29 ; 2003, 827 )
The Department, through the
Division, shall:
1. Observe and study the changing nature and extent of the need
for child welfare services and develop through tests and demonstrations
effective ways of meeting those needs.
2. Cooperate with the Federal Government in adopting state plans,
in all matters of mutual concern, including the adoption of methods of
administration found by the Federal Government to be necessary for the
efficient operation of programs for child welfare, and in increasing the
efficiency of those programs by prompt and judicious use of new federal
grants which will assist the Division in carrying out the provisions of
NRS 432.010 to 432.085 , inclusive. The Department shall consider any
request for a change in the state plan submitted by an agency which
provides child welfare services.
3. Enter into reciprocal agreements with other states relative to
services for child welfare and institutional care, when deemed necessary
or convenient by the Administrator.
4. Enter into agreements with an agency which provides child
welfare services in a county whose population is 100,000 or more when
deemed necessary or convenient by the Administrator.
5. Accept money from and cooperate with the United States or any
of its agencies in carrying out the provisions of NRS 432.010 to 432.085 ,
inclusive, and of any federal acts pertaining to public child welfare and
youth services, insofar as authorized by the Legislature.
(Added to NRS by 1993, 2699; A 2001 Special Session, 30 ; 2005, 22nd Special Session, 45
)
1. The Department, through the Division, shall act as the single
state agency of the State of Nevada and its political subdivisions in the
administration of any federal money granted to the State to aid in the
furtherance of any services and activities for child welfare.
2. If the Congress of the United States passes any law increasing
the participation of the Federal Government in a Nevada Program for Child
Welfare, either as relates to eligibility for assistance or otherwise,
the Director is authorized to accept, with the approval of the Governor,
the increased benefits of that legislation. The Division may adopt such
standards as are required by the Congress of the United States as a
condition to the acceptance of those benefits.
3. An agency which provides child welfare services in a county
whose population is 100,000 or more shall enter into such agreements with
the Division as are necessary to maximize the amount of money that this
State may obtain from the Federal Government for the provision of child
welfare services throughout this State.
(Added to NRS by 1993, 2698; A 2001 Special Session, 30 ; 2005, 22nd Special Session, 45
)
The Division, in consultation with each
agency which provides child welfare services, shall adopt regulations for
the administration of NRS 432.010 to
432.085 , inclusive, which are binding
upon all recipients and local units.
(Added to NRS by 1993, 2699; A 1999, 2029 ; 2001 Special Session, 30 )
To secure accuracy, uniformity and completeness in statistics
and information, the Division, in consultation with each agency which
provides child welfare services, may prescribe forms of reports and
records to be kept by an agency which provides child welfare services and
all persons subject to supervision by the Division or investigation
pursuant to NRS 432.010 to 432.085
, inclusive.
(Added to NRS by 1993, 2699; A 2001 Special Session, 30 )
Written statements of information required from responsible relatives of
applicants for or recipients of assistance pursuant to NRS 432.010 to 432.085 ,
inclusive, need not be under oath, but any person who signs such a
statement and willfully states therein as true any material matter which
he knows to be false is guilty of perjury which is a category D felony
and shall be punished as provided in NRS 193.130 .
(Added to NRS by 1993, 2699; A 1995, 1276; 2005, 22nd Special
Session, 46 )
1. To safeguard and restrict the use or disclosure of any
information concerning applicants for and recipients of services for
child welfare to purposes directly connected to the administration of NRS
432.010 to 432.085 , inclusive, by the Division, pursuant to the
applicable provisions of the Social Security Act, the Division shall, in
consultation with each agency which provides child welfare services,
establish and enforce reasonable regulations governing the custody, use
and preservation of the records, files and communications filed with the
Division and any agency which provides child welfare services.
2. Whenever, pursuant to the provisions of law or regulations of
the Division, names and addresses of, or information concerning,
applicants for and recipients of services for child welfare are furnished
to or held by an agency which provides child welfare services or any
other agency or department of government, that agency or department shall
comply with the regulations of the Division prohibiting the publication
of information and its use for purposes not directly connected with the
administration of NRS 432.010 to
432.085 , inclusive, by the Division.
3. Except for purposes directly connected with the administration
of NRS 432.010 to 432.085 , inclusive, no person may publish, disclose,
use or permit or cause to be published, disclosed or used any
confidential information pertaining to a recipient of services under the
provisions of NRS 432.010 to 432.085
, inclusive.
(Added to NRS by 1993, 2700; A 2001 Special Session, 31 )
Assistance awarded
pursuant to the provisions of NRS 432.010 to 432.085 ,
inclusive, is:
1. Not transferable or assignable at law or in equity, and none of
the money paid or payable pursuant to those provisions is subject to
execution, levy, attachment, garnishment or other legal process, or to
the operation of any law regarding bankruptcy or insolvency.
2. Awarded and held subject to any legislative enactment amending
or repealing those provisions, and no recipient has any claim for
assistance or otherwise by reason of his assistance being affected in any
way by such a legislative enactment.
(Added to NRS by 1993, 2699)
1. The Trust Fund for Child Welfare is hereby created. All
benefits for survivors or other awards payable to children receiving
child welfare services pursuant to NRS 432.010 to 432.085 ,
inclusive, in a county whose population is less than 100,000 must be
deposited in the State Treasury for credit to the Fund.
2. The Division shall:
(a) Keep a separate account for each child who receives money.
(b) Deduct from the account any services to the child provided by
public money. Any surplus remaining may be expended for extraordinary
items deemed beneficial to the child.
(c) Remit any surplus balance to the parent or legal guardian of
the child, or to the child if he is emancipated or has reached the age of
18 years, when the Division is no longer legally responsible for him.
3. The Division shall pay interest to each child’s separate
account maintained in the Trust Fund for Child Welfare at the end of each
interest period. Interest must be paid at a rate equal to the average of
the interest rates quoted by at least three banking institutions for
interest-bearing savings accounts of $3,000 or less on the first day of
each interest period. Interest must be paid on the child’s account
commencing with the first interest period that the Division is legally
responsible for the child. Interest must not be paid for the interest
period during which the child ceases to be the legal responsibility of
the Division.
4. All benefits for survivors or other awards payable to children
receiving child welfare services in a county whose population is 100,000
or more pursuant to NRS 432.010 to
432.085 , inclusive, must be deposited
in the trust fund for child welfare established in the county treasury. A
disbursement from the benefits for survivors or other awards of a child
which is deposited in the fund may be made to the agency which provides
child welfare services for any child welfare services provided to the
child with public money.
5. As used in this section, “interest period” means that period
not less frequent than quarterly, as determined by the State Treasurer,
for which interest must be paid.
(Added to NRS by 1993, 2700; A 1995, 721; 2001 Special Session, 31
)
1. Subject to the approval and regulations of the State Board of
Examiners, the Division may maintain an account in a bank or credit union
for the purchase of birth certificates, death certificates and other
records of vital statistics necessary to perform eligibility and other
case-work functions of the Division in a county whose population is less
than 100,000 pursuant to NRS 432.010 to
432.085 , inclusive.
2. Subject to the approval of the board of county commissioners of
the county, an agency which provides child welfare services in a county
whose population is 100,000 or more may maintain an account in a bank or
credit union for the purchase of birth certificates, death certificates
and other records of vital statistics necessary to perform eligibility
and other case-work functions of the agency pursuant to NRS 432.010
to 432.085 , inclusive.
(Added to NRS by 1993, 2700; A 1999, 1496 ; 2001 Special Session, 32 )
1. When in the judgment of the court it is in the best interests
of a child in the lawful custody of an agency which provides child
welfare services, such an agency may petition for appointment as guardian
of the person and estate of the child in the manner provided by chapter
159 or 432B of
NRS.
2. The clerk of the district court, county clerk, county recorder
or other county officer shall not require the payment of any fees or
charges by the agency which provides child welfare services for
appointment as guardian pursuant to this section, and the district court
shall waive the furnishing of a bond by the agency which provides child
welfare services if it is appointed guardian.
3. Except as otherwise provided in this section, the agency which
provides child welfare services shall comply with all applicable
provisions of chapter 159 or 432B of NRS.
(Added to NRS by 1993, 2699; A 2001 Special Session, 32 ; 2003, 588 )
The nonfederal share of all expenses
for special services and maintenance provided to children and unmarried
mothers pursuant to NRS 432.010 to
432.085 , inclusive, must be paid from
money which may be provided to the Division by direct legislative
appropriation.
(Added to NRS by 1960, 327; A 1961, 361; 1963, 933; 1977, 110;
1979, 605; 1993, 2702)
All money
appropriated by the Legislature pursuant to the provisions of NRS 432.040
must be accounted for in the State
Child Welfare Services Account, and all money received from the United
States pursuant to Parts B and E of Title IV of the Social Security Act,
or for programs of child welfare administered by the Division pursuant to
NRS 432.010 to 432.085 , inclusive, must be deposited in the State
Treasury and credited to the Account, out of which must be paid the
expenses incurred in providing maintenance and special services under the
provisions of NRS 432.010 to 432.085
, inclusive.
(Added to NRS by 1960, 327; A 1975, 123; 1981, 262; 1993, 2702)
1. The Administrator shall furnish to the State Controller a full,
true and correct list of claimants in each county whose population is
less than 100,000 who are entitled to payment for the care and services
provided for in NRS 432.010 to 432.085
, inclusive, and of the amount to be
paid to each of them from the State Child Welfare Services Account,
certified to by him as being a full, true and correct list of such
claimants in that county and the amount to which each of them is entitled
pursuant to NRS 432.010 to 432.085
, inclusive. The list is subject to
revision by the Administrator to make it conform to such changes as may
be made pursuant to the terms of NRS 432.010 to 432.085 ,
inclusive.
2. Upon receiving the certified list, the State Controller shall
promptly draw his warrant upon the State Child Welfare Services Account
payable to each claimant in the amount to which he is entitled, and the
State Treasurer shall pay the same. Every warrant must be for the total
amount of federal and state money to which each claimant is entitled
pursuant to the provisions of NRS 432.010 to 432.085 ,
inclusive.
3. Immediately after the warrants have been drawn, the State
Controller shall deliver or mail them to the Division. Immediately
thereafter, the Division shall mail them to the individual recipients.
The facilities of the central mailing room must be used.
(Added to NRS by 1960, 328; A 1961, 104; 1963, 933; 1965, 114;
1969, 255; 1973, 196; 1975, 124; 1979, 606; 1981, 262; 1993, 2702; 2001
Special Session, 32 )
1. The head of the agency which provides child welfare services in
a county whose population is 100,000 or more shall furnish to the county
comptroller and the Administrator of the Division a full, true and
correct list of claimants in the county who are entitled to payment for
the care and services provided for in NRS 432.010 to 432.085 ,
inclusive, and of the amount to be paid to each of them, certified to by
him as being a full, true and correct list of such claimants in that
county and the amount to which each of them is entitled pursuant to NRS
432.010 to 432.085 , inclusive. The list is subject to revision by
the head of the agency which provides child welfare services to make it
conform to such changes as may be made pursuant to the terms of NRS
432.010 to 432.085 , inclusive.
2. The total amount of federal and state money to which each
claimant is entitled pursuant to the provisions of NRS 432.010 to 432.085 ,
inclusive, must be paid in the manner provided in NRS 244.210 .
(Added to NRS by 2001 Special Session, 28 )
All
administrative expenses incurred by the Division in carrying out the
provisions of NRS 432.010 to 432.085
, inclusive, must be paid out of money
which may be appropriated by the Legislature from the State General Fund
and out of such other money as may be made available to the Division for
the payment of administrative expenses. Disbursements must be made upon
claims filed and allowed in the same manner as other money in the State
Treasury is disbursed. All claims must be approved by the Administrator
before they are paid.
(Added to NRS by 1960, 329; A 1963, 933; 1975, 125; 1993, 2702;
2003, 629 )
1. The parents of a child placed in the custody of an agency which
provides child welfare services pursuant to the provisions of NRS 62A.380
or 432.010 to 432.085 ,
inclusive, or chapter 432B of NRS are
liable to the agency which provides child welfare services for the cost
of maintenance and special services provided to the child.
2. The Division shall establish by regulation reasonable schedules
for the repayment of money owed by parents pursuant to subsection 1.
3. An agency which provides child welfare services may waive all
or any part of the amount due pursuant to this section if it determines
that the parents of the child do not have the ability to pay the amount.
4. If a parent refuses to pay an agency which provides child
welfare services for money owed under this section, the agency which
provides child welfare services may bring a civil action to recover all
money owed with interest thereon at the rate of 7 percent per year
commencing 30 days after an itemized statement of the amount owed is
submitted to the parents.
5. All money collected pursuant to this section must be deposited:
(a) In a county whose population is less than 100,000, with the
State Treasurer for credit to the State Child Welfare Services Account.
(b) In a county whose population is 100,000 or more, with the
county treasurer for credit to a fund or account established by the board
of county commissioners.
(Added to NRS by 1989, 1156; A 1993, 2703; 2001 Special Session, 33
; 2003, 1148 )
The provisions of NRS 432.010 to 432.085 ,
inclusive, do not apply to the Program for Child Care and Development
administered by the Division of Welfare and Supportive Services of the
Department pursuant to chapter 422A of NRS.
(Added to NRS by 1997, 2266; A 2005, 22nd Special Session, 46
)
1. There is hereby created the Placement Prevention Revolving
Account in the amount of $25,000 to be used for the payment of claims in
a county whose population is less than 100,000 of recipients of goods or
services from the Division and vendors providing goods or services to
those recipients pursuant to procedures established by the Division.
2. Upon written request from the Administrator, the State
Controller shall draw his warrant from money already authorized for the
use of the Division in the sum of $25,000. When the warrant is paid, the
Administrator shall deposit the money in a financial institution
qualified to receive deposits of public money. All money deposited in the
Placement Prevention Revolving Account pursuant to this section must be
secured with a depository bond that is satisfactory to the State Board of
Examiners, unless it is otherwise secured by the Federal Deposit
Insurance Corporation, the National Credit Union Share Insurance Fund or
a private insurer approved pursuant to NRS 678.755 .
3. After an expenditure of money from the Placement Prevention
Revolving Account, the Administrator shall present a claim to the State
Board of Examiners to maintain a balance of $25,000. If the claim is
approved by the State Board of Examiners, the State Controller shall draw
his warrant from money already authorized for the use of the Division in
the amount of the claim in favor of the Placement Prevention Revolving
Account, and the State Treasurer shall pay the warrant.
4. Money in the Placement Prevention Revolving Account created
pursuant to subsection 1 does not revert to the State General Fund at the
end of the fiscal year, and the balance in the Account must be carried
forward.
5. Purchases made by the Division pursuant to this section are
exempt from the State Purchasing Act.
6. The board of county commissioners of a county whose population
is 100,000 or more may establish a fund or account to be used for the
payment of claims of recipients of goods or services from the agency
which provides child welfare services and vendors providing goods or
services to those recipients pursuant to procedures established by the
agency which provides child welfare services.
(Added to NRS by 1997, 3058; A 1999, 1496 ; 2001 Special Session, 33 )
STATEWIDE CENTRAL REGISTRY FOR THE COLLECTION OF INFORMATION CONCERNING
THE ABUSE OR NEGLECT OF A CHILD
As used in NRS 432.0999
to 432.130 , inclusive, “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 2005, 2029 )
1. There is hereby established a Statewide Central Registry for
the Collection of Information Concerning the Abuse or Neglect of a Child.
This Central Registry must be maintained by the Division.
2. The Central Registry must contain:
(a) The information in any substantiated report of child abuse or
neglect made pursuant to NRS 432B.220 ;
(b) Statistical information on the protective services provided in
this State; and
(c) Any other information which the Division determines to be in
furtherance of NRS 432.0999 to 432.130
, inclusive, and 432B.010 to 432B.400 , inclusive.
3. The Division may release information contained in the Central
Registry to an employer:
(a) If the person who is the subject of a background investigation
by the employer provides written authorization for the release of the
information; and
(b) Either:
(1) The employer is required by law to conduct the
background investigation of the person for employment purposes; or
(2) The person who is the subject of the background
investigation could, in the course of his employment, have regular and
substantial contact with children or regular and substantial contact with
elderly persons who require assistance or care from other persons,
Ê but only to the extent necessary to inform the employer whether the
person who is the subject of the background investigation has been found
to have abused or neglected a child.
4. Except as otherwise provided in this section or by specific
statute, information in the Central Registry may be accessed only by an
employee of the Division and by an agency which provides child welfare
services.
(Added to NRS by 1975, 790; A 1977, 738; 1979, 546; 1985, 1385;
1993, 2704; 1999, 2029 ; 2005, 2029 )
1. Except as otherwise provided in subsection 2, the Division
shall maintain a record of:
(a) The names and identifying data, dates and circumstances of any
persons requesting or receiving information from the Central Registry; and
(b) Any other information which might be helpful in furthering the
purposes of NRS 432.0999 to 432.130
, inclusive, and 432B.010 to 432B.400 , inclusive.
2. The Division is not required to maintain a record of
information concerning requests for information from or the receipt of
information by employees of an agency which provides child welfare
services.
(Added to NRS by 1975, 790; A 1977, 738; 1985, 1386; 1993, 2704;
2005, 2030 )
1. Information contained in the Central Registry must not be
released unless the right of the applicant to the information is
confirmed, the information concerning the report of abuse or neglect of
the child has been reported pursuant to NRS 432B.310 , the released information discloses the
disposition of the case and, if the information is being provided
pursuant to subsection 3 of NRS 432.100 , the person who is the subject of the
background investigation provides written authorization for the release
of the information.
2. The information contained in the Central Registry concerning
cases in which a report of abuse or neglect of a child has been
substantiated by an agency which provides child welfare services must be
deleted from the Central Registry not later than 10 years after the child
who is the subject of the report reaches the age of 18 years.
3. The Division shall adopt regulations to carry out the
provisions of this section.
(Added to NRS by 1975, 790; A 1977, 738; 1985, 1386; 1993, 2704;
2005, 2030 )
Any
person who willfully releases data or information contained in the
Central Registry to unauthorized persons in violation of NRS 432.120
or 432B.290 is guilty of a misdemeanor.
(Added to NRS by 1975, 791; A 1977, 739; 1985, 1387; 2005, 2031
)
CHILDREN’S TRUST ACCOUNT
1. The Children’s Trust Account is hereby created in the State
General Fund. Except as otherwise provided in subsection 2, the money in
the Account must be used to prevent the abuse or neglect of children.
2. No more than 5 percent of the money credited to the Account
each year may be used for the expenses:
(a) Of administering the Account; and
(b) For travel of members of the Grants Management Advisory
Committee created by NRS 232.383 or
members of a working group of the Grants Management Advisory Committee
that is appointed pursuant to NRS 232.387 .
3. The interest and income earned on the money in this Account,
after deducting any applicable charges, must be credited to the Account.
4. Any money remaining in the Account at the end of each fiscal
year does not revert to the State General Fund but must be carried over
into the next fiscal year.
(Added to NRS by 1985, 615; A 2005, 470 )
1. The Director is responsible for administering the Children’s
Trust Account.
2. The Director shall make awards of money, by contract or grant,
from the Children’s Trust Account to agencies of the State or its
political subdivisions and nonprofit community organizations or
educational institutions which provide or will provide services for the
prevention of the abuse or neglect of children. The duration of an award
granted pursuant to this subsection must not exceed 3 years.
3. The Director shall report to each regular session of the
Legislature regarding the agencies, organizations or institutions that
have been awarded money from the Children’s Trust Account, the money
credited to the Account, the interest and income on the money in the
Account, any unexpended money in the Account and the general expenses of
administering the Account.
4. Requests for awards of money from the Children’s Trust Account
must be reviewed by the Grants Management Advisory Committee created by
NRS 232.383 .
(Added to NRS by 1985, 615; A 1993, 2704; 2005, 471 ; 2005, 22nd Special Session, 46 )
Repealed. (See chapter 137, Statutes of Nevada 2005, at
page 475 .)
Repealed. (See chapter 137,
Statutes of Nevada 2005, at page 475 .)
Repealed. (See chapter 137, Statutes of Nevada 2005, at page 475 .)
FINGERPRINTS FOR IDENTIFICATION OF CHILDREN
1. A parent or guardian of a child may request that the child be
fingerprinted by any law enforcement agency of this State. If the law
enforcement agency agrees to perform the service and accepts payment of
the same fee charged to others for this service, if any, the law
enforcement agency shall fingerprint the child and give the fingerprint
card to the parent or guardian. A law enforcement agency which
fingerprints a child under this section shall not retain a fingerprint
card or any other copy of the child’s fingerprints prepared pursuant to
this section.
2. The fingerprint card must include in a conspicuous place on the
card a statement that the card may be used for identification purposes
only and may not be used in any juvenile or criminal investigation or
proceeding conducted against the child.
3. A fingerprint card prepared pursuant to this section may be
used by a law enforcement agency only to help identify a child who is
lost, kidnapped or killed. The card may not be used by anyone in any
investigation or proceeding conducted against the child under title 5 of
NRS or under the criminal laws of this State.
4. Any other person, firm or corporation that fingerprints
children for identification purposes shall take the fingerprints in a
manner which meets the standards set by the Federal Bureau of
Investigation as those standards exist on July 1, 1983.
(Added to NRS by 1983, 1122; A 2003, 1148 )
MISSING OR EXPLOITED CHILDREN
As used in NRS 432.150 to 432.220 ,
inclusive, unless the context otherwise requires:
1. “Clearinghouse” means the program established by the Attorney
General pursuant to NRS 432.170 .
2. “Director” means the Director of the Clearinghouse.
3. “Exploited child” means a person under the age of 18 years who
has been:
(a) Used in the production of pornography in violation of the
provisions of NRS 200.710 ;
(b) Subjected to sexual exploitation as defined in NRS 432B.110
; or
(c) Employed or exhibited in any injurious, immoral or dangerous
business or occupation in violation of the provisions of NRS 609.210
.
4. “Missing child” means a person under the age of 18 years who
has run away or is otherwise missing from the lawful care, custody and
control of his parent or guardian.
(Added to NRS by 1985, 2165; A 1991, 1420; 1993, 1373; 1995, 1666)
It is the intent of the
Legislature that law enforcement agencies in this state give a high
priority to the investigation of crimes concerning missing children.
(Added to NRS by 1991, 1419)
1. The Account for License Plates for the Support of Missing or
Exploited Children is hereby created in the State General Fund. The
Director shall administer the Account.
2. The money in the Account does not lapse to the State General
Fund at the end of any fiscal year.
3. The money in the Account must only be used to carry out the
provisions of NRS 432.150 to 432.220
, inclusive.
(Added to NRS by 1995, 1666)
The
Attorney General or district attorney shall give cases concerning
abducted children priority to expedite the arrest and conviction of the
person criminally responsible for the disappearance or concealment of an
abducted child.
(Added to NRS by 1991, 1420)
1. The Office of Advocate for Missing or Exploited Children is
hereby created within the Office of the Attorney General. The Advocate
for Missing or Exploited Children may be known as the Children’s Advocate.
2. The Attorney General shall appoint the Children’s Advocate. The
Children’s Advocate is in the unclassified service of the State.
3. The Children’s Advocate:
(a) Must be an attorney licensed to practice law in this state;
(b) Shall advise and represent the Clearinghouse on all matters
concerning missing or exploited children in this state; and
(c) Shall advocate the best interests of missing or exploited
children before any public or private body.
4. The Children’s Advocate may:
(a) Appear as an amicus curiae on behalf of missing or exploited
children in any court in this state;
(b) If requested, advise a political subdivision of this state
concerning its duty to protect missing or exploited children; and
(c) Recommend legislation concerning missing or exploited children.
5. Upon request by the Children’s Advocate, a district attorney or
local law enforcement agency in this state shall provide all information
and assistance necessary to assist the Children’s Advocate in carrying
out the provisions of this section.
(Added to NRS by 1993, 1373)
1. The Director may prepare quarterly a bulletin containing
information concerning missing children in this state. The bulletin must
contain the name and last known address of the missing child and any
other information that the Director considers necessary.
2. The Director may distribute a copy of the bulletin, free of
charge, to each law enforcement agency in this state, the Department of
Education and each school district and every private elementary or
secondary school. The Director may, for a reasonable fee, provide a copy
of the bulletin to any other person or governmental agency.
(Added to NRS by 1985, 2165; A 1993, 1374)
1. The Attorney General shall:
(a) Establish a program to coordinate activities and information in
this state concerning missing or exploited children; and
(b) Appoint a Director to administer the provisions of the program.
2. The Director is in the unclassified service of the State. To
assist the Director in carrying out the provisions of NRS 432.150 to 432.220 ,
inclusive, the Attorney General may appoint such assistants or
investigators as deemed necessary by the Attorney General.
3. The Director may:
(a) Assist any public or private school in establishing a program
of information about missing or exploited children by providing, free of
charge, materials, publications and instructional aids relating to:
(1) Offenses under federal and state law regarding missing
or exploited children and the abuse or neglect of children.
(2) Governmental and private agencies and programs for
locating and identifying missing or exploited children, preventing the
abduction or disappearance of children and preventing the abuse or
neglect of children.
(3) Methods of preventing the abduction or disappearance of
children.
(4) Techniques for the investigation of cases involving
missing or exploited children.
(5) Any other issue involving missing or exploited children.
(b) Develop and maintain a system of information concerning missing
or exploited children, including information concerning public or private
resources which may be available to such children and their families.
(c) Accept gifts or donations on behalf of the Clearinghouse which
must be accounted for separately and used by the Director in carrying out
the provisions of NRS 432.150 to
432.220 , inclusive.
(d) Enter into agreements with regional and national organizations
for assistance and exchange of information concerning missing or
exploited children.
(e) Assist in the investigation of children who are reported
missing in this state or who are reported abducted or taken from this
state.
4. The Director may provide the materials, publications and
instructional aids identified in paragraph (a) of subsection 3 to any
other person or governmental agency for a reasonable fee not to exceed
the cost of preparing the materials.
5. The Director shall, upon request, provide records regarding a
missing child to the State Disaster Identification Team of the Division
of Emergency Management of the Department of Public Safety.
(Added to NRS by 1985, 2165; A 1993, 1374; 1997, 3264; 1999, 1256
, 3133 ; 2001, 2610 )
The Attorney General shall, on or before January 31 of each
year, prepare and submit a report to the Governor and the Director of the
Legislative Counsel Bureau concerning programs of information about
missing or exploited children in this state and the identification and
investigation of cases involving missing or exploited children. The
Director of the Legislative Counsel Bureau shall make the report
available to each Senator and Assemblyman.
(Added to NRS by 1985, 2166; A 1993, 1375)
A law enforcement agency shall act promptly
in obtaining a warrant for the arrest of any person it has probable cause
to believe is criminally responsible for the disappearance of a missing
child.
(Added to NRS by 1991, 1420)
A law
enforcement agency shall not adopt a general policy establishing a
waiting period or delay before acting upon any report of a missing child
under the age of 14. The law enforcement agency which receives the
initial report on the missing child shall evaluate all information
available to that agency and the circumstances surrounding the
disappearance of the child to determine whether immediate action is
necessary.
(Added to NRS by 1985, 2166)
1. A law enforcement agency shall accept every report of a missing
child which is submitted to the agency, including, but not limited to, a
report made by telephone. Upon receipt of such a report, the agency shall
immediately conduct a preliminary investigation and classify the cause of
the disappearance of the child as “runaway,” “abducted by his parent,”
“abducted by a stranger” or “cause of disappearance unknown,” and shall:
(a) Transmit all available information about the child to the
Clearinghouse and to the Central Repository for Nevada Records of
Criminal History within 36 hours after the report is received;
(b) Immediately notify such persons and make such inquiries
concerning the missing child as the agency deems necessary;
(c) Fully comply with the requirements of the National Child Search
Assistance Act of 1990, Title XXXVII of Public Law 101-647, 104 Stat.
4966; and
(d) Enter into the National Crime Information Center’s Missing
Person File and the Repository for Information Concerning Missing Persons
within the Central Repository for Nevada Records of Criminal History, as
miscellaneous information, any person reasonably believed to have
unlawfully abducted or detained the missing child, or aided or abetted
the unlawful abduction or detention.
2. A law enforcement agency which has jurisdiction over the
investigation of an abducted child and which has obtained a warrant for
the arrest of a person suspected in the child’s disappearance or
concealment shall immediately notify the National Crime Information
Center for the entry into the Center’s Wanted Person File of identifying
and descriptive information concerning:
(a) The suspect; and
(b) As miscellaneous information, the missing child.
Ê The agency shall cross-reference information entered pursuant to this
section with the National Crime Information Center’s Missing Person File
and with the Repository for Information Concerning Missing Persons within
the Central Repository for Nevada Records of Criminal History.
3. If a missing child is less than 16 years of age or has not been
located within 30 days after a report is filed, the law enforcement
agency that received the initial report shall, and the Division or the
Central Repository for Nevada Records of Criminal History may:
(a) Send to the child’s parent or guardian a request for certain
identifying information regarding the child that the National Crime
Information Center recommends be provided; and
(b) Ask the child’s parent or guardian to provide such identifying
information regarding the child.
Ê If a law enforcement agency receives the identifying information, it
shall transmit all information so released to it to the Division and to
the Central Repository. The Division and the Central Repository shall,
upon receipt of the identifying information about the missing child,
compare the information with the information that is on file concerning
unidentified deceased children. This subsection does not preclude the
voluntary release of identifying information about the missing child by
his parent or guardian at any time.
4. The parent or guardian of a child reported as missing shall
promptly notify the appropriate law enforcement agency if the child is
found or returned. The law enforcement agency shall then transmit that
fact to the National Crime Information Center, the Central Repository for
Nevada Records of Criminal History and the Clearinghouse.
5. Nothing in this section requires a law enforcement agency to
activate the Statewide Alert System for the Safe Return of Abducted
Children created by NRS 432.340 .
6. As used in this section, “Division” means the Investigation
Division of the Department of Public Safety.
(Added to NRS by 1985, 2166; A 1989, 1994; 1991, 1420; 1993, 1375;
1995, 56; 1997, 1538; 2001, 2611 ; 2003, 395 )
1. A law enforcement agency, upon receiving and verifying a report
of a missing child, other than a child who has run away, shall
immediately transmit the full contents of the report by the fastest means
available to the Clearinghouse.
2. The Clearinghouse shall, upon receipt of the report,
immediately notify any governmental agency in possession of the birth
certificate of the child and the superintendent of schools of the school
district in possession of the educational records of the child that the
child is missing.
3. Upon receiving such notification, the agency or superintendent
shall:
(a) Maintain the birth certificate or educational records in such a
manner as to ensure that the Clearinghouse is notified immediately if a
request is made for the birth certificate or educational records.
(b) Immediately notify the Clearinghouse upon receiving any such
request before releasing the birth certificate or educational records,
including notification of the identity and location or address of the
person making the request.
(c) Not disclose to the person making the request any communication
with the Clearinghouse or the fact that a communication must be made.
(Added to NRS by 1991, 1419; A 1993, 1376)
1. The Attorney General and every law enforcement agency in this
state shall cooperate with the Attorney General of the United States in
the collection of information that would assist in the identification of
an unidentified deceased child and the location of any missing child
pursuant to 28 U.S.C. § 534.
2. Law enforcement agencies in this state that are investigating a
case involving a missing child shall use the records and information
compiled by the Attorney General of the United States pursuant to 28
U.S.C. § 534 when necessary.
(Added to NRS by 1985, 2167)
The
Attorney General shall enter into an agreement with the Secretary of
Health and Human Services, as authorized by 42 U.S.C. § 663, under which
the services of the Parent Locator Service established pursuant to 42
U.S.C. § 653 are made available to determine the whereabouts of any
absent parent or child in order to enforce a law with respect to the
unlawful taking or restraint of a child or to make or enforce a
determination of the custody of a child.
(Added to NRS by 1985, 2167)
STATEWIDE ALERT SYSTEM FOR THE SAFE RETURN OF ABDUCTED CHILDREN
As used in NRS 432.300 to 432.380 ,
inclusive, the words and terms defined in NRS 432.310 , 432.320 and
432.330 have the meanings ascribed to
them in those sections.
(Added to NRS by 2003, 393 )
“Broadcaster” means a radio
broadcasting station, cable operator or television broadcasting station
primarily engaged in, and deriving income from, the business of
facilitating speech via over-the-air communications, both as to pure
speech and commercial speech.
(Added to NRS by 2003, 393 )
“Committee” means the Committee
for the Statewide Alert System created by NRS 432.350 .
(Added to NRS by 2003, 393 )
“System” means the Statewide Alert
System for the Safe Return of Abducted Children created by NRS 432.340
.
(Added to NRS by 2003, 393 )
1. There is hereby created the Statewide Alert System for the Safe
Return of Abducted Children, which is composed of a voluntary partnership
among state law enforcement agencies, local law enforcement agencies and
broadcasters to assist in the search for and safe return of abducted
children. The Children’s Advocate appointed pursuant to NRS 432.157
shall administer the System.
2. The agencies and broadcasters that choose to participate in the
System must agree to comply with the provisions of NRS 432.300 to 432.380 ,
inclusive, and any requirements prescribed by the Committee for
participation in the System.
3. Each law enforcement agency that chooses to participate in the
System shall:
(a) Adopt a written policy concerning activation of the System by
the agency consistent with the provisions of NRS 432.300 to 432.380 ,
inclusive; and
(b) Submit a copy of the written policy to the Children’s Advocate
appointed pursuant to NRS 432.157 .
(Added to NRS by 2003, 393 )
1. There is hereby created the Committee for the Statewide Alert
System consisting of 12 members as follows:
(a) Five members appointed by the Governor who represent local law
enforcement agencies;
(b) Five members appointed by the Governor who represent state law
enforcement agencies;
(c) One representative of this state’s Emergency Alert System,
appointed by the Nevada Broadcasters Association or its successor; and
(d) One representative of the Nevada Broadcasters Association or
its successor, appointed by that Association.
2. The Governor shall select a Chairman and Vice Chairman of the
Committee.
3. After the initial terms, each member of the Committee serves a
term of 3 years, commencing on July 1 of each odd-numbered year. A
vacancy on the Committee must be filled in the same manner as the
original appointment.
4. Members of the Committee serve without salary or compensation
for their travel or per diem expenses.
(Added to NRS by 2003, 394 )
1. The Committee shall, in consultation with the Attorney General:
(a) Oversee the System;
(b) Set forth the components of the System;
(c) Supervise and evaluate any training associated with the System;
(d) Monitor, review and evaluate the activations of the System to
determine whether such activations complied with NRS 432.300 to 432.380 ,
inclusive; and
(e) Conduct periodic tests of the System.
2. The Committee may:
(a) Dedicate the System to one or more persons;
(b) Establish a name for the System that is in addition to the
definition set forth in NRS 432.330 ; and
(c) Accept gifts, grants and donations for use in carrying out the
provisions of NRS 432.300 to 432.380
, inclusive.
(Added to NRS by 2003, 394 )
1. A law enforcement agency which has jurisdiction over the
investigation of an abducted child who is less than 18 years of age may
activate the System to broadcast an emergency bulletin on behalf of the
child if:
(a) The law enforcement agency confirmed that the child has been
abducted;
(b) The child is in danger of serious physical harm or death; and
(c) The law enforcement agency has sufficient descriptive
information about the child or the person who is suspected of abducting
the child, or other pertinent information, to warrant immediate broadcast
of the information.
2. Before activation of the System on behalf of a child, the law
enforcement agency shall determine whether the broadcast of information
will encompass:
(a) A particular county, region or state; or
(b) More than one state.
3. A law enforcement agency is not required to obtain the prior
consent of the Committee before activating the System, but the Committee
may review an activation of the System after the activation is complete.
(Added to NRS by 2003, 394 )
1. If a broadcaster that participates in the System receives a
notification of activation of the System by a law enforcement agency
concerning an abducted child and as a result of that notification
broadcasts descriptive information concerning the abducted child and
other information contained in the notification to assist with the safe
return of the child, the broadcaster is immune from civil liability based
upon the broadcast of that information.
2. If a person enters into an agreement with the Committee to
establish or maintain a website for the System and the agreement provides
that only the law enforcement agency activating the System has the
authority or ability to place information on the website, the person is
immune from civil liability based upon the information that is placed on
the website by the law enforcement agency.
(Added to NRS by 2003, 395 )
