USA Statutes : nevada
Title : Title 38 - PUBLIC WELFARE
Chapter : CHAPTER 432B - PROTECTION OF CHILDREN FROM ABUSE AND NEGLECT
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)
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 his welfare
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 his health or
welfare harmed or threatened for the sole reason that his:
(a) Parent 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) Parent or guardian, 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 )
“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
)
“Child” means a person under the
age of 18 years.
(Added to NRS by 1985, 1369)
“Child welfare
services” includes, without limitation:
1. Protective services, including, without limitation,
investigations of abuse or neglect and assessments;
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 )
“Court” has the meaning ascribed to
it in NRS 62A.180 .
(Added to NRS by 1985, 1369; A 1991, 2186; 2003, 1149 )
“Custodian” means a person or a
governmental organization, other than a parent or legal guardian, who has
been awarded legal custody of a child.
(Added to NRS by 1985, 1369)
“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)
“Indian child” has the
meaning ascribed to it in 25 U.S.C. § 1903.
(Added to NRS by 1995, 786)
“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)
“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 his ability to function within his normal range of
performance or behavior.
(Added to NRS by 1985, 1369)
“Parent” means a natural or
adoptive parent whose parental rights have not been terminated.
(Added to NRS by 1985, 1369)
“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)
“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
)
“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)
” 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 )
A person is
responsible for a child’s welfare under the provisions of this chapter if
he 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 his home for a portion of the day.
(Added to NRS by 1985, 1370; A 1989, 439; 2001 Special Session, 34
)
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 his welfare or his neglect or refusal to provide them
when able to do so.
(Added to NRS by 1985, 1370)
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)
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 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 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 )
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 )
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 )
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 )
ADMINISTRATION
The
Division of Child and Family Services shall:
1. Administer any money granted to the State by the Federal
Government.
2. Plan, coordinate and monitor the delivery of child welfare
services provided throughout the State.
3. Provide child welfare services directly or arrange for the
provision of those services in a county whose population is less than
100,000.
4. 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.
5. Involve communities in the improvement of child welfare
services.
6. Evaluate all child welfare services provided throughout the
State and withhold money from any agency providing child welfare services
which is not complying with the regulations adopted by the Division of
Child and Family Services.
7. Evaluate the plans submitted for approval pursuant to NRS
432B.395 .
8. In consultation with each agency which provides child welfare
services, request sufficient money for the provision of child welfare
services throughout this State.
(Added to NRS by 1985, 1370; A 1987, 1439; 1993, 2705; 2001 Special
Session, 35 )
[Effective through June 30, 2006.] 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) Evaluating the development and contents of a plan submitted for
approval pursuant to NRS 432B.395 ;
(k) Developing and distributing to persons who are responsible for
a child’s welfare a pamphlet that sets forth the procedures for taking a
child for placement in protective custody and the legal rights of persons
who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590 , inclusive, during all stages of the
proceeding; and
(l) Making the necessary inquiries required pursuant to NRS
432B.397 to determine whether a child
is an Indian child; and
2. 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 )
[Effective July 1, 2006.] 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) Evaluating the development and contents of a plan submitted for
approval pursuant to NRS 432B.395 ;
(k) 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
(l) Making the necessary inquiries required pursuant to NRS
432B.397 to determine whether a child
is an Indian child; and
2. 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 , effective July 1, 2006)
[Effective July 1, 2006.]
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 , effective July 1, 2006)
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
)
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 )
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 )
REPORTS OF ABUSE OR NEGLECT; REPORTS OF PRENATAL ILLEGAL SUBSTANCE ABUSE
1. Any person who is described in subsection 4 and who, in his
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 his 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 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 physician, dentist, dental hygienist, chiropractor,
optometrist, podiatric physician, medical examiner, resident, intern,
professional or practical nurse, physician assistant, psychiatrist,
psychologist, marriage and family therapist, alcohol or drug abuse
counselor, clinical social worker, athletic trainer, advanced emergency
medical technician or other person providing medical services licensed or
certified in this State.
(b) Any personnel of a hospital or similar institution engaged in
the admission, examination, care or treatment of persons or an
administrator, manager or other person in charge of a hospital or similar
institution upon notification of suspected abuse or neglect of a child by
a member of the staff of the hospital.
(c) A coroner.
(d) A clergyman, practitioner of Christian Science or religious
healer, unless he has acquired the knowledge of the abuse or neglect from
the offender during a confession.
(e) A social worker and an administrator, teacher, librarian or
counselor of a school.
(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 to conduct a foster home.
(h) Any officer or employee of a law enforcement agency or an adult
or juvenile probation officer.
(i) An attorney, unless he has acquired the knowledge of the abuse
or neglect from a client who is or may be accused of the abuse or neglect.
(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 an
approved youth shelter. As used in this paragraph, “approved youth
shelter” has the meaning ascribed to it in NRS 244.422 .
(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 the appropriate medical
examiner or coroner, who shall investigate the report and submit to an
agency which provides child welfare services his written findings. The
written findings must include, if obtainable, the information required
pursuant to the provisions of subsection 2 of NRS 432B.230 .
(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 )
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 his care;
(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 )
Any person who
knowingly and willfully violates the provisions of NRS 432B.220 is guilty of a misdemeanor.
(Added to NRS by 1985, 1373)
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 his 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 )
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)
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) The child is 5 years of age or younger;
(b) There is a high risk of serious harm to the child; 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 his immediate health or safety;
(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 prenatal drug exposure of the newborn infant could be
eliminated if the child and his family receive 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, including, without limitation,
spanking or paddling; 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.
Ê If an agency determines that an investigation is not warranted for the
reason set forth in paragraph (d) of subsection 3, the agency shall take
no further action in regard to the matter and shall delete all references
to the matter from its records.
7. If an agency which provides child welfare services enters into
an agreement with a person to provide services to a child or his family
pursuant to subsection 6, the agency shall require the person to notify
the agency if the child or his family refuse or fail 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. An agency which provides child welfare services that determines
that an investigation is not warranted 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 )
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
concerning any possible abuse or neglect. The child may be interviewed at
any place where he is found. 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 was interviewed,
unless the designee determines that such notification would endanger the
child.
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 he 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 )
1. Reports made pursuant to this chapter, as well as all records
concerning these reports and investigations thereof, are confidential.
2. Any person, law enforcement agency or public agency,
institution or facility who willfully releases data or information
concerning such reports and investigations, except:
(a) Pursuant to a criminal prosecution relating to the abuse or
neglect of a child;
(b) As otherwise authorized or required pursuant to NRS 432B.290
; or
(c) As otherwise required pursuant to NRS 432B.513 ,
Ê is guilty of a misdemeanor.
(Added to NRS by 1985, 1373; A 1999, 2032 ; 2001, 1701 )
1. Except as otherwise provided in subsections 2, 5 and 6 and NRS
432B.513 , data or information
concerning reports and investigations thereof made pursuant to this
chapter may be made available only to:
(a) A physician, if the physician has before him a child who he 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 a child who he 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) A 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 person engaged in bona fide research or an audit, but
information identifying the subjects of a report must not be made
available to him;
(g) The attorney and the guardian ad litem of the child;
(h) A grand jury upon its determination that access to these
records is necessary in the conduct of its official business;
(i) 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 and neglect;
(j) 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;
(k) A team organized pursuant to NRS 432B.350 for the protection of a child;
(l) A team organized pursuant to NRS 432B.405 to review the death of a child;
(m) A parent or legal guardian of the child and an attorney of a
parent or guardian of the child, if the identity of the person
responsible for reporting the alleged abuse or neglect of the child to a
public agency is kept confidential;
(n) The persons who are the subject of a report;
(o) 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;
(p) 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 his family is not
the person alleged to have committed the abuse or neglect;
(q) 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;
(r) 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;
(s) 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 ;
(t) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child
welfare services; or
(u) An employer in accordance with subsection 3 of NRS 432.100
.
2. Except as otherwise provided in subsection 3, data or
information concerning reports and investigations thereof made pursuant
to this chapter may be made available to any member of the general public
if the child who is the subject of a report dies or is critically injured
as a result of alleged abuse or neglect, except that the data or
information which may be disclosed is limited to:
(a) The fact that a report of abuse or neglect has been made and,
if appropriate, a factual description of the contents of the report;
(b) Whether an investigation has been initiated pursuant to NRS
432B.260 , and the result of a
completed investigation; and
(c) Such other information as is authorized for disclosure by a
court pursuant to subsection 4.
3. An agency which provides child welfare services shall not
disclose data or information pursuant to subsection 2 if the agency
determines that the disclosure is not in the best interests of the child
or if disclosure of the information would adversely affect any pending
investigation concerning a report.
4. Upon petition, a court of competent jurisdiction may authorize
the disclosure of additional information to the public pursuant to
subsection 2 if good cause is shown by the petitioner for the disclosure
of the additional information.
5. 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.
6. An agency which provides child welfare services shall disclose
the identity of a person who makes a report or otherwise initiates an
investigation pursuant to this chapter if a court, after reviewing the
record in camera and determining that there is reason to believe that the
person knowingly made a false report, orders the disclosure.
7. Any person, except for:
(a) The subject of a report;
(b) A district attorney or other law enforcement officer initiating
legal proceedings; or
(c) 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 given access, pursuant to subsection 1 or 2, to information
identifying the subjects of a report and who makes this information
public is guilty of a misdemeanor.
8. The Division of Child and Family Services shall adopt
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 )
Except as otherwise provided in NRS 432B.260 , an agency which provides child welfare
services shall investigate each report of abuse or neglect received or
referred to it to determine:
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. If there is reasonable cause to believe that a child is abused
or neglected, the immediate and long-term risk to the child if he remains
in the same environment; and
4. The treatment and services which appear necessary to help
prevent further abuse or neglect and to improve his environment and the
ability of the person responsible for the child’s welfare to care
adequately for him.
(Added to NRS by 1985, 1375; A 1997, 2475; 2001, 1850 ; 2001 Special Session, 42 ; 2003, 236 )
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, his parents, any other person responsible for his
welfare 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 and the severity of the injuries; 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.
3. As used in this section, “Central Registry” has the meaning
ascribed to it in NRS 432.0999 .
(Added to NRS by 1985, 1375; A 1999, 2912 ; 2001, 212 , 1850 ; 2005, 2037 , 2096 )
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
Each county whose population
is 100,000 or more shall provide protective services for the children 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 .
(Added to NRS by 1987, 1439)
1. A child is in need of protection if:
(a) He has been abandoned by a person responsible for his welfare;
(b) He has been subjected to abuse or neglect by a person
responsible for his welfare;
(c) He is in the care of a person responsible for his welfare and
another child has died as a result of abuse or neglect by that person;
(d) He has been placed for care or adoption in violation of law; or
(e) He 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 his welfare:
(a) Is unable to discharge his responsibilities to and for the
child because of incarceration, hospitalization, or other physical or
mental incapacity;
(b) Fails, although he 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 he 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 )
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
him that the agency has no legal authority to compel him 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 his
parents or guardian or that he 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, his parents or
guardian.
(Added to NRS by 1985, 1376; A 2001 Special Session, 42 )
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 )
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 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 his
temporary placement;
(b) Inform the agency or institution of any change in his address
or circumstances; 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 his custody, 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 his physical custody 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 him to the custody of his 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 his
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
)
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 )
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 )
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 he 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 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
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 him 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 in a hospital, if the child
needs hospitalization, or in a shelter, which may include a foster home
or other home or facility which provides care for those children, but the
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.
7. 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;
(c) Give preference in placement of the child to any person related
within the third degree of consanguinity to the child who is suitable and
able to provide proper care and guidance for the child, regardless of
whether the relative resides within this state; and
(d) As soon as practicable, inform the agency which provides child
welfare services and the appropriate law enforcement agency.
8. 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, 1377; A 1989, 268; 1991, 1182; 1993, 467;
1999, 830 ; 2001, 1257 ; 2001 Special Session, 44 )
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 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 must submit to the agency which provides child welfare services
or its approved designee a complete set of his 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 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 )
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 for his removal from his home; and
(b) To make it possible for his safe return to his 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 primary caretaker of the child 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 primary caretaker, 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 his 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
his home, adjudicated to have been abused or neglected, returned to his
home and subsequently removed from his home as a result of additional
abuse or neglect; or
(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 .
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 and available services for
the child, 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 the provisions of subsection 6 are applicable;
and
(h) 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.
(Added to NRS by 1999, 2031 ; A 2001, 1258 , 1843 ; 2001 Special Session, 45 ; 2003, 236 )
An
agency which provides child welfare services shall submit annually to the
Division of Child and Family Services for its approval a plan to ensure
that the reasonable efforts required by subsection 1 of NRS 432B.393
are made by that agency.
(Added to NRS by 1987, 1439; A 1993, 2708; 1999, 2037 ; 2001 Special Session, 46 )
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 )
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 )
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 he 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 he is holding the child.
(Added to NRS by 1985, 1378; A 2001 Special Session, 47 ; 2005, 2038 )
The
purpose of organizing multidisciplinary teams to review the deaths of
children pursuant to NRS 432B.403 to
432B.409 , 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 )
1. An agency which provides child welfare services:
(a) May organize one or more multidisciplinary teams to review the
death of a child; and
(b) 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 daycare provider has
been the subject of a child abuse and neglect investigation within the
previous 12 months, including 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
(b) 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 )
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 )
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
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.
Any books, records or papers received by the team pursuant to the
subpoena shall be deemed confidential and privileged and not subject to
disclosure.
4. 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 )
1. The report and recommendations of a multidisciplinary team to
review the death of a child must be transmitted to an administrative team
for review.
2. An administrative team must consist of administrators of
agencies which provide child welfare services, and agencies responsible
for vital statistics, public health, mental health and public safety.
3. The administrative team 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 )
1. The Administrator of the Division of Child and Family Services
shall establish an Executive Committee to Review the Death of Children,
consisting of representatives from multidisciplinary teams formed
pursuant to NRS 432B.405 and 432B.406
, vital statistics, law enforcement,
public health and the Office of the Attorney General.
2. The Executive Committee shall:
(a) Adopt statewide protocols for the review of the death of a
child;
(b) Designate the members of an administrative team for the
purposes of NRS 432B.408 ;
(c) Oversee training and development of multidisciplinary teams to
review the death of children; and
(d) Compile and distribute a statewide annual report, including
statistics and recommendations for regulatory and policy changes.
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.409 , inclusive.
(Added to NRS by 2003, 864 )
CIVIL PROCEEDINGS
General Provisions
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)
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 him. 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. He may not
receive any compensation for his services as a guardian ad litem.
(Added to NRS by 1985, 1379; A 1987, 1308; 1995, 787; 1999, 2037
; 2001, 1703 ; 2003, 590 )
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 )
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 400,000 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 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 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 400,000:
(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 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 )
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 )
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 his welfare, 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 )
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)
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 his recommendation regarding
which person is most qualified and suitable to take custody of the child.
(Added to NRS by 1997, 1344)
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 )
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 )
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)
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)
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 )
Permanent Placement With Guardian
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 )
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 )
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 )
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; and
(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.
(Added to NRS by 2003, 590 )
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 )
Hearing on Protective Custody
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 his residence.
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 his
last known address within 24 hours after the child is placed in
protective custody.
(Added to NRS by 1985, 1380; A 2001, 1259 )
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 him to reside
at his home; or
(2) In the best interests of the child to place him outside
of his 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.
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 third 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 third degree of consanguinity to the child a
reasonable right to visit the child while he 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 his immediate release.
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
)
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 other cases where a hearing on protective custody is held,
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) If a child is not placed in protective custody, may, after an
investigation is made under NRS 432B.010 to 432B.400 , inclusive, 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 his welfare pending
further action in court.
(Added to NRS by 1985, 1380; A 1999, 832 ; 2001 Special Session, 47 )
Hearing on Need of Protection for Child
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 he 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 his 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 his
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 he 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 )
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 )
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, he
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 residence of the
child.
(c) The names and addresses of the residences of his parents and
any other person responsible for the child’s welfare, and spouse if any.
If his parents or other person responsible for his welfare 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, the
agency responsible for placing the child in protective custody and the
reasons therefor.
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 )
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 his attorney 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 his attorney requests that the court grant the continuance so
that the parent or guardian and his attorney 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
his attorney 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 )
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)
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 his last known address; 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 his welfare requires that his 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 he be brought forthwith into the
custody of the court; or
(b) A person responsible for the child’s welfare has absconded with
him or concealed him 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 )
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 his removal from his 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.
(Added to NRS by 1985, 1382; A 2001, 1703 , 1846 ; 2003, 87 )
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 his family, 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 his 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 his parent as is consistent with the best
interests and special needs of the child. The plan must include:
(a) A description of the type, safety and appropriateness of the
home or institution in which the child could be placed, a plan for
ensuring that he would receive safe and proper care and a description of
his needs;
(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 his
parent or to ensure his permanent placement;
(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 )
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 his parents 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 him in the temporary or permanent custody of a relative
or other person who the court finds suitable to receive and care for him
with or without supervision, and with or without retaining jurisdiction
of the case, upon such conditions as the court may prescribe; or
(c) Place him 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
his rights.
(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, the court may consider, among other factors, whether the child
has resided with a particular relative 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 his
parents or guardian:
(a) It must be presumed to be in the best interests of the child to
be placed together with his siblings.
(b) Preference must be given to placing the child with any person
related within the third degree of consanguinity to the child who is
suitable and able to provide proper care and guidance for the child,
regardless of whether the relative resides within this State.
Ê 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 his home. If a child is placed with any person who
resides outside of this State, the placement must be in accordance with
NRS 127.330 .
6. Within 60 days after the removal of a child from his home, 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.
(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 )
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 his home 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 his home; 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 )
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 his release to that
parent or guardian.
(Added to NRS by 1995, 805; A 2001, 1848 ; 2003, 592 )
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 his parents.
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 )
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)
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 his family and
any recommendations for further supervision, treatment or rehabilitation;
and
(b) Information concerning the placement of the child in relation
to his siblings, including, without limitation:
(1) Whether the child was placed together with his siblings;
(2) Any efforts made by the agency to have the child placed
together with his siblings;
(3) Any actions taken by the agency to ensure that the child
has contact with his siblings; and
(4) If the child is not placed together with his siblings:
(I) The reasons why the child is not placed together
with his siblings; and
(II) A plan for the child to visit his siblings, which
must be approved by the court.
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 his siblings
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, he
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 6 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; and
(b) Any persons planning to adopt the child, relatives of the child
or providers of foster care who are currently providing care to the child.
Ê Notice of the hearing 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 .
7. 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 an opportunity to be heard at the hearing.
8. 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, his home or placed for adoption or under a legal guardianship.
9. The provision of notice and an opportunity to be heard pursuant
to this section does not cause any person planning to adopt the child, or
any relative or 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 )
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 )
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 his home 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 an opportunity 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 ; and
(b) Whether, and if applicable when:
(1) The child should be returned to his parents 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.
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 his home and has resided
outside of his 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 an opportunity to be heard pursuant
to this section does not cause any person planning to adopt the child, or
any relative or 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 )
ADVISORY BOARDS TO EXPEDITE PROCEEDINGS FOR PLACEMENT OF CHILDREN
[Effective upon the Division of Child and Family
Services of the Department of Health and Human Services being notified of
the creation of three or more local advisory boards to expedite
proceedings for the placement of children pursuant to NRS 432B.604 .]
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 Chairman
from among its members.
(b) Meet at least four times annually and may meet at other times
upon the call of the Chairman.
(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 , effective upon the Division of Child and
Family Services of the Department of Health and Human Services being
notified of the creation of three or more local advisory boards to
expedite proceedings for the placement of children pursuant to NRS
432B.604)
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
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 chairman
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 )
If the court has not approved the permanent placement of a child within
12 months after the initial removal of the child from his 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 EMOTIONALLY DISTURBED CHILDREN TO
CERTAIN FACILITIES
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 )
“Emotionally
disturbed child” has the meaning ascribed to it in NRS 433B.080 .
(Added to NRS by 2005, 1317 )
“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 an emotionally disturbed child from leaving the
hospital or facility.
(Added to NRS by 2005, 1317 )
“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 )
“Treatment” has the meaning
ascribed to it in NRS 433.224 .
(Added to NRS by 2005, 1318 )
A proceeding for a court-ordered
admission of a child alleged to be an emotionally disturbed child 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:
1. By a certificate of a physician, psychiatrist or licensed
psychologist stating that he has examined the child alleged to be
emotionally disturbed and has concluded that the child is emotionally
disturbed and, because of that condition is likely to harm himself or
others if allowed his liberty; or
2. By a sworn written statement by the petitioner that:
(a) The petitioner has, based upon his personal observation of the
child alleged to be emotionally disturbed, probable cause to believe that
the child is emotionally disturbed and, because of that condition is
likely to harm himself or others if allowed his liberty; and
(b) The child alleged to be emotionally disturbed has refused to
submit to examination or treatment by a physician, psychiatrist or
licensed psychologist.
(Added to NRS by 2005, 1318 )
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 an emotionally
disturbed child who is in the custody of an agency which provides child
welfare services to a facility:
(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 he is likely to harm himself or others if allowed his 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 others if allowed his 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 )
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 subsection 2 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; 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 )
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 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,
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
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.
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 )
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 his 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 )
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.
(Added to NRS by 2005, 1320 )
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 5 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 criteria which must be satisfied before the child is
discharged from the facility, as determined by the medical professional
responsible for the care, treatment and training of the child in the
facility;
(c) 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;
(d) 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
(e) The suggested placement of the child after the child is
discharged from the facility.
(Added to NRS by 2005, 1320 )
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, 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 )
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 or his
designee of the facility 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 he 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 him 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 his designee 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 others. Except as otherwise provided in this
subsection, the administrative officer or his designee 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 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 his designee 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 )
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 his
emotional disturbance or has improved to such an extent that he is no
longer considered to present a clear and present danger of harm to
himself 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 )
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
apply to all children who are in the custody of an agency which provides
child welfare services.
(Added to NRS by 2005, 1322 )
SEXUAL ABUSE OR SEXUAL EXPLOITATION OF CHILDREN UNDER AGE OF 18 YEARS
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 he
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, policemen 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 )
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 he 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 )
MISCELLANEOUS PROVISIONS
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 he
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
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 or a law enforcement agency, 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.
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 his 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, “provider of emergency services” means:
(a) A hospital, an obstetric center or an independent center for
emergency medical care licensed pursuant to chapter 449 of NRS;
(b) A public fire-fighting agency; or
(c) A law enforcement agency.
(Added to NRS by 2001, 1254 ; A 2001 Special Session, 56 ; 2003, 236 )
1. Upon receiving a referral from a court pursuant to subsection 6
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 )
