[Rev. 11/21/2013 11:35:54 AM--2013]

CHAPTER 432B - PROTECTION OF CHILDREN FROM ABUSE AND NEGLECT

GENERAL PROVISIONS

NRS 432B.010        Definitions.

NRS 432B.020        “Abuse or neglect of a child” defined.

NRS 432B.030        “Agency which provides child welfare services” defined.

NRS 432B.035        “Central Registry” defined.

NRS 432B.040        “Child” defined.

NRS 432B.042        “Child protective services” defined.

NRS 432B.044        “Child welfare services” defined.

NRS 432B.050        “Court” defined.

NRS 432B.060        “Custodian” defined.

NRS 432B.065        “Division of Child and Family Services” defined.

NRS 432B.067        “Indian child” defined.

NRS 432B.068        “Indian Child Welfare Act” defined.

NRS 432B.069        “Information maintained by an agency which provides child welfare services” defined.

NRS 432B.070        “Mental injury” defined.

NRS 432B.080        “Parent” defined.

NRS 432B.090        “Physical injury” defined.

NRS 432B.100        “Sexual abuse” defined.

NRS 432B.110        “Sexual exploitation” defined.

NRS 432B.121        Definition of when person has “reasonable cause to believe” and when person acts “as soon as reasonably practicable.”

NRS 432B.130        Persons responsible for child’s welfare.

NRS 432B.135        Child in custody of agency which provides child welfare services deemed homeless in certain circumstances.

NRS 432B.140        Negligent treatment or maltreatment.

NRS 432B.150        Excessive corporal punishment may constitute abuse or neglect.

NRS 432B.153        Presumptions concerning custody and visitation when parent of child is convicted of first degree murder of other parent of child.

NRS 432B.157        Presumption concerning custody when court determines that parent or other person seeking custody of child is perpetrator of domestic violence.

NRS 432B.159        Presumption concerning custody and visitation when parent or other person seeking custody of child is perpetrator of any act of abduction against the child.

NRS 432B.160        Immunity from civil or criminal liability; presumption.

NRS 432B.165        Authority of agency which provides child welfare services and other entities to provide information to assist in locating a missing child; information not confidential.

NRS 432B.170        Authority of agency which provides child welfare services to share information with state or local agencies.

NRS 432B.175        Availability of data or information regarding fatality or near fatality of child who is subject of report of abuse or neglect; limitation on disclosure; regulations.

NRS 432B.178        Director of Department of Health and Human Services authorized to create interagency committee to evaluate child welfare system in this State; appointment of members; submission of written report.

ADMINISTRATION

General Provisions

NRS 432B.180        Duties of Division of Child and Family Services.

NRS 432B.190        Regulations to be adopted by Division of Child and Family Services.

NRS 432B.195        Agency which provides child welfare services required to provide training to certain employees concerning rights of certain persons responsible for child’s welfare; employees not required or authorized to offer legal advice, legal assistance or legal interpretation of state or federal laws.

NRS 432B.197        Agency which provides child welfare services required to establish policies to ensure that children in custody of agency have access to and safe administration of clinically appropriate psychotropic medication.

NRS 432B.198        Employment with agency which provides child welfare services: Background investigation required; periodic additional investigations.

NRS 432B.199        Employment with agency which provides child welfare services: Termination of employee charged with or convicted of certain crimes; correction of information.

NRS 432B.200        Toll-free telephone number for reports of abuse or neglect.

NRS 432B.210        State, political subdivisions and agencies to cooperate with agencies which provide child welfare services.

NRS 432B.215        Acquisition and use of information concerning probationers and parolees.

 

Corrective Action, Improvement Plans and Incentive Payments

NRS 432B.2155      Corrective action or corrective action plan to be carried out by agency which provides child welfare services when necessary; consequences of failing to carry out action or plan within required period; Division of Child and Family Services to adopt regulations.

NRS 432B.216        Agency which provides child welfare services to submit biennial improvement plan; agency to solicit input regarding plan; requirements of plan; agency to submit annual data to Division of Child and Family Services.

NRS 432B.2165      Division of Child and Family Services to administer program to award incentive payment to agency which provides child welfare services in a county whose population is 100,000 or more; application for incentive payment; approval and denial of incentive payment.

NRS 432B.217        Application by agency which provides child welfare services for incentive payment in subsequent years; approval of application; amount of subsequent incentive payment.

NRS 432B.2175      Agency which provides child welfare services that receives incentive payment to submit report to Division of Child and Family Services demonstrating percentage of goal achieved.

NRS 432B.218        Annual report to Governor and Legislature concerning achievement of specific performance targets in improvement plans and specific goals established to receive incentive payment.

 

Grants to Agency Which Provides Child Welfare Services

NRS 432B.2185      Block grant awarded to agency which provides child welfare services in county whose population is 100,000 or more; amount and use of block grant.

NRS 432B.219        Categorical grants for adoption assistance programs; determination of amount; restrictions on use.

REPORTS OF ABUSE OR NEGLECT; REPORTS OF PRENATAL ILLEGAL SUBSTANCE ABUSE

NRS 432B.220        Persons required to make report; when and to whom reports are required; any person may make report; report and written findings if reasonable cause to believe death of child caused by abuse or neglect; certain persons and entities required to inform reporters of duty to report.

NRS 432B.225        Attorney prohibited from reporting abuse or neglect of child in certain circumstances.

NRS 432B.230        Method of making report; contents.

NRS 432B.240        Penalty for failure to make report.

NRS 432B.250        Persons required to report prohibited from invoking certain privileges.

NRS 432B.255        Admissibility of evidence.

NRS 432B.260        Action upon receipt of report; agency which provides child welfare services required to inform person named in report of allegation of abuse or neglect if report is investigated.

NRS 432B.270        Interview of child and sibling of child concerning possible abuse or neglect; photographs, X rays and medical tests.

NRS 432B.280        Confidentiality of information maintained by an agency which provides child welfare services; exceptions; penalty.

NRS 432B.290        Maintenance of information by agency which provides child welfare services; authorized release of such information; penalty; fee for release of information; rules, policies or regulations.

NRS 432B.300        Determinations to be made from investigation of report.

NRS 432B.310        Report to Central Registry of abuse or neglect required upon completion of investigation; report to Central Registry of prenatal illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure only required if child has been abused or neglected after child was born.

NRS 432B.315        Written notification of substantiated report to person responsible for child’s welfare.

NRS 432B.317        Administrative appeal of substantiated report; hearing.

NRS 432B.320        Waiver of full investigation of report.

PROTECTIVE SERVICES AND CUSTODY

NRS 432B.325        County whose population is 100,000 or more to provide child protective services in county; county whose population is less than 100,000 to provide such services in certain circumstances.

NRS 432B.326        Payment of assessment for provision of child protective services by county whose population is less than 100,000; exemption.

NRS 432B.327        Division of Child and Family Services to submit certain reports concerning budgets for child protective services to Governor, certain counties and Legislative Commission.

NRS 432B.330        Circumstances under which child is or may be in need of protection.

NRS 432B.340        Determination that child needs protection but is not in imminent danger.

NRS 432B.350        Teams for protection of child.

NRS 432B.360        Voluntary placement of child with agency or institution; regulations.

NRS 432B.370        Determination that child is not in need of protection.

NRS 432B.380        Referral of case to district attorney for criminal prosecution; recommendation to file petition.

NRS 432B.390        Placement of child in protective custody.

NRS 432B.3905      Limitations on transfer and placement of child who is under 6 years of age; notice.

NRS 432B.391        Agency which provides child welfare services or designee authorized to conduct preliminary Federal Bureau of Investigation name-based check of background of certain adult residents of home in which child will be placed in emergency situation; person investigated to supply fingerprints; exchange of information; removal of child from home upon refusal to supply fingerprints.

NRS 432B.393        Preservation and reunification of family of child to prevent or eliminate need for removal from home before placement in foster care and to make safe return to home possible; when reasonable efforts are not required; determining whether reasonable efforts have been made.

NRS 432B.396        Establishment of panel to evaluate extent to which agencies which provide child welfare services are effectively discharging their responsibilities; regulations; civil penalties.

NRS 432B.397        Inquiry to determine whether child is Indian child; report to court; training regarding requirements of Indian Child Welfare Act.

NRS 432B.400        Temporary detention of child by physician or person in charge of hospital or similar institution.

CHILD DEATH REVIEW TEAMS

NRS 432B.403        Purpose of organizing child death review teams.

NRS 432B.405        Organization of child death review teams.

NRS 432B.406        Composition of child death review teams.

NRS 432B.407        Information available to child death review teams; sharing of certain information; subpoena to obtain information; confidentiality of information.

NRS 432B.4075      Authority of Administrator to organize multidisciplinary team to oversee review conducted by child death review team; access to information and privileges.

NRS 432B.408        Executive Committee to Review the Death of Children to review report of child death review team.

NRS 432B.409        Establishment, composition and duties of Executive Committee to Review the Death of Children; creation of and use of money in Review of Death of Children Account.

NRS 432B.4095      Civil penalty for disclosure of confidential information; authority to bring action; deposit of money.

CIVIL PROCEEDINGS

General Provisions

NRS 432B.410        Exclusive original jurisdiction; action does not preclude prosecution.

NRS 432B.420        Right of parent or other responsible person to representation by attorney; authority of court to appoint attorney to represent child; authority and rights of child’s attorney; compensation of attorney; appointment of attorney as guardian ad litem.

NRS 432B.425        Notification of tribe if proceedings involve Indian child; transfer of proceedings to Indian child’s tribe; exercise of jurisdiction by court.

NRS 432B.430        Restriction on admission of persons to proceedings.

NRS 432B.435        Presentation of evidence of child’s previous sexual conduct prohibited; exception.

NRS 432B.440        Assistance by agency which provides child welfare services.

NRS 432B.450        Expert testimony raising presumption of need for protection of child.

NRS 432B.451        Qualified expert witness required in proceeding to place Indian child in foster care.

NRS 432B.455        Determination of appropriate person to take custody of child: Appointment and duties of special master.

NRS 432B.457        Determination of appropriate person to take custody of child: Involvement in and notification of person with special interest in child; testimony by person with special interest in child.

NRS 432B.459        Provision of copy of sound recording or transcript of proceeding to parent or guardian; fees.

NRS 432B.460        Courts not deprived of right to determine custody or guardianship.

NRS 432B.465        Full faith and credit to judicial proceedings of Indian tribe.

NRS 432B.4655      Joinder of governmental entity or other person to certain proceedings to enforce legal obligation of such entity or person.

 

Permanent Placement With Guardian

NRS 432B.466        Petition for appointment of guardian; notice.

NRS 432B.4665      Appointment of guardian; powers and duties of and limitations on guardian; effect of guardianship; length of guardianship.

NRS 432B.467        Consideration of evidence in determining whether to appoint guardian; right of visitation to certain persons.

NRS 432B.4675      Effect of entry of final order establishing guardianship.

NRS 432B.468        Enforcement, modification and termination of guardianship; appointment of successor guardian.

 

Person Legally Responsible for Psychiatric Care of Child

NRS 432B.4681      Definitions.

NRS 432B.4682      “Person professionally qualified in the field of psychiatric mental health” defined.

NRS 432B.4683      “Psychiatric care” defined.

NRS 432B.4684      Nomination; person nominated deemed to be person who is legally responsible pending court approval; petition to appoint nominee; persons authorized to be nominated or appointed.

NRS 432B.4685      Persons eligible for court appointment.

NRS 432B.4686      Responsibilities and duties.

NRS 432B.4687      Considerations for approval of administration of psychotropic medication to child; written consent for administration of such medication or notice of denial; other required approval.

NRS 432B.4688      Administration of psychotropic medication to child allowed only in accordance with consent; quarterly review of records of child.

NRS 432B.4689      Administration of psychotropic medication without consent authorized under certain circumstances.

NRS 432B.469        Agency which provides child welfare services retains responsibility for health and well-being of child in its custody.

 

Hearing on Protective Custody

NRS 432B.470        Hearing required; notice.

NRS 432B.480        Hearing: Court required to advise parties of rights; determinations by court; order to continue custody or release child.

NRS 432B.490        Procedure following hearing or investigation.

 

Hearing on Need of Protection for Child

NRS 432B.500        Appointment of guardian ad litem after filing of petition.

NRS 432B.505        Qualifications of special advocate for appointment as guardian ad litem.

NRS 432B.510        Execution and contents of petition; representation of interests of public.

NRS 432B.513        Copy of report or information required to be provided to parent or guardian before certain proceedings.

NRS 432B.515        Electronic filing of certain petitions and reports.

NRS 432B.520        Issuance of summons; authorizing the assumption of custody by court and removal of child from certain conditions; authorizing the attachment of child and placement of child in protective custody.

NRS 432B.530        Adjudicatory hearing on petition; disposition.

NRS 432B.540        Report by agency which provides child welfare services; plan for placement of child.

NRS 432B.550        Determination of custody and placement of child by court; retention of certain rights by parent when child placed other than with parent; determination of whether agency which provides child welfare services has made reasonable efforts required.

NRS 432B.553        Plan for permanent placement of child.

NRS 432B.555        Restriction on release of child to custodial parent or guardian who has been convicted of abuse, neglect or endangerment of child.

NRS 432B.560        Additional orders by court: Treatment; conduct; visitation; support.

NRS 432B.570        Motion for revocation or modification of order.

NRS 432B.580        Semiannual review by court of placement of child.

NRS 432B.585        Appointment of panel to conduct semiannual review.

NRS 432B.590        Annual hearing on disposition of case; when presumption that best interests of child will be served by termination of parental rights arises.

CONTINUATION OF JURISDICTION OF COURT OVER CHILD WHO REACHES 18 YEARS OF AGE WHILE IN CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE SERVICES

NRS 432B.591        “Child” defined.

NRS 432B.592        Court to refer child to attorney for counsel regarding continuation of jurisdiction.

NRS 432B.593        Agency which provides child welfare services to meet with child to determine whether child intends to request continuation of jurisdiction; effect of such meeting; child who has independent living agreement not prohibited from requesting continuation of jurisdiction.

NRS 432B.594        Retention of court’s jurisdiction over child; termination of such jurisdiction; written agreement between agency which provides child welfare services and child; resolution of dispute between agency and child; rights of child to services and payments while under jurisdiction of court.

NRS 432B.595        Written plan to assist child to transition to independent living; duties of agency which provides child welfare services during period that court retains jurisdiction.

ADVISORY BOARDS TO EXPEDITE PROCEEDINGS FOR PLACEMENT OF CHILDREN

NRS 432B.602        Rural Advisory Board to Expedite Proceedings for Placement of Children: Creation; terms; vacancies; members serve without compensation; duties.

NRS 432B.604        Local advisory boards to expedite proceedings for placement of children: Creation; members; terms; vacancies; members serve without compensation; duties.

NRS 432B.606        Referral of case by court to local advisory board.

COURT-ORDERED ADMISSION OF CERTAIN CHILDREN WITH EMOTIONAL DISTURBANCE TO CERTAIN FACILITIES

NRS 432B.607        Definitions.

NRS 432B.6071      “Child with an emotional disturbance” defined.

NRS 432B.60715    “Court-ordered admission of a child” defined.

NRS 432B.6072      “Facility” defined.

NRS 432B.6073      “Person professionally qualified in the field of psychiatric mental health” defined.

NRS 432B.6074      “Treatment” defined.

NRS 432B.6075      Petition: Filing; certificate or statement of alleged emotional disturbance.

NRS 432B.6076      Findings and order; alternative courses of treatment.

NRS 432B.6077      Petition required before child may be placed in facility other than under emergency admission; psychological examination of child required under certain circumstances; placement in less restrictive environment; any person may oppose petition.

NRS 432B.6078      Provision of information and assistance to child; second examination of child.

NRS 432B.6079      Considerations for court in issuing or renewing order.

NRS 432B.608        Expiration and renewal of admission.

NRS 432B.6081      Plan for continued care, treatment and training of child upon discharge.

NRS 432B.6082      Personal rights.

NRS 432B.6083      Conditional release: No liability of State; notice to court and attorney of agency; order to return to facility; judicial review of order to return to facility.

NRS 432B.6084      Release without further order of court; early release.

NRS 432B.6085      Children’s rights; application of various provisions of chapters 433 and 435 of NRS and all of chapters 433A and 433B of NRS to children in custody of agency which provides child welfare services.

SEXUAL ABUSE OR SEXUAL EXPLOITATION OF CHILDREN UNDER AGE OF 18 YEARS

NRS 432B.610        Training of certain peace officers for detection and investigation of and response to cases of sexual abuse or sexual exploitation of children; regulations.

NRS 432B.620        Certification of peace officers who regularly investigate cases of sexual abuse or sexual exploitation of children; regulations.

KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM

NRS 432B.621        “Program” defined.

NRS 432B.622        Department to establish and administer Program; agency which provides child welfare services authorized to enter into agreement to provide assistance to relative of child pursuant to Program.

NRS 432B.623        Qualifications for assistance pursuant to Program; placement of sibling of child who is eligible for assistance.

NRS 432B.624        Required provisions in agreement for assistance entered into pursuant to Program; eligibility for federal assistance for adoption not affected by such agreement.

NRS 432B.625        Background checks required before entering into agreement with relative for assistance pursuant to Program.

NRS 432B.626        Agency which provides child welfare services to include certain information in case plan of child whose legal guardian receives assistance pursuant to Program.

MISCELLANEOUS PROVISIONS

NRS 432B.630        Delivery of newborn child to provider of emergency services.

NRS 432B.640        Assessment of child who may need counseling as result of battery that constitutes domestic violence; provision of evaluation or counseling.

TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF CHILDREN

NRS 432B.700        Creation; membership. [Effective through June 30, 2014.]

NRS 432B.710        Election of Chair and Vice Chair; meetings; quorum; compensation; vacancies. [Effective through June 30, 2014.]

NRS 432B.720        Recommendations of Task Force. [Effective through June 30, 2014.]

NRS 432B.730        Recommendations for legislation; final report. [Effective through June 30, 2014.]

_________

NOTE:                    Section 1.5 of ch. 253, Statutes of Nevada 2013, at page 1085, has been codified as NRS 439B.227.

 

GENERAL PROVISIONS

      NRS 432B.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432B.020 to 432B.110, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1985, 1368; A 1991, 1920; 1993, 2705; 1995, 786; 2011, 2523; 2013, 523, 2877)

      NRS 432B.020  “Abuse or neglect of a child” defined.

      1.  “Abuse or neglect of a child” means, except as otherwise provided in subsection 2:

      (a) Physical or mental injury of a nonaccidental nature;

      (b) Sexual abuse or sexual exploitation; or

      (c) Negligent treatment or maltreatment as set forth in NRS 432B.140,

Ê of a child caused or allowed by a person responsible for the welfare of the child under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.

      2.  A child is not abused or neglected, nor is the health or welfare of the child harmed or threatened for the sole reason that:

      (a) The parent of the child delivers the child to a provider of emergency services pursuant to NRS 432B.630, if the parent complies with the requirements of paragraph (a) of subsection 3 of that section; or

      (b) The parent or guardian of the child, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this State in lieu of medical treatment. This paragraph does not limit the court in ensuring that a child receive a medical examination and treatment pursuant to NRS 62E.280.

      3.  As used in this section, “allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that a child is abused or neglected.

      (Added to NRS by 1985, 1368; A 2001, 1255; 2003, 1149)

      NRS 432B.030  “Agency which provides child welfare services” defined.  “Agency which provides child welfare services” means:

      1.  In a county whose population is less than 100,000, the local office of the Division of Child and Family Services; or

      2.  In a county whose population is 100,000 or more, the agency of the county,

Ê which provides or arranges for necessary child welfare services.

      (Added to NRS by 1985, 1369; A 1993, 2705; 2001 Special Session, 34)

      NRS 432B.035  “Central Registry” defined.  “Central Registry” has the meaning ascribed to it in NRS 432.0999.

      (Added to NRS by 2013, 2875)

      NRS 432B.040  “Child” defined.  “Child” means a person under the age of 18 years or, if in school, until graduation from high school. The term does not include a child who remains under the jurisdiction of the court pursuant to NRS 432B.594.

      (Added to NRS by 1985, 1369; A 2011, 252)

      NRS 432B.042  “Child protective services” defined.  “Child protective services” means services for the protection of children, including, without limitation, investigations of abuse or neglect and assessments. The term does not include foster care services or services related to adoption.

      (Added to NRS by 2011, 2522)

      NRS 432B.044  “Child welfare services” defined.  “Child welfare services” includes, without limitation:

      1.  Child protective services;

      2.  Foster care services, including, without limitation, maintenance and special services, as defined in NRS 432.010; and

      3.  Services related to adoption.

      (Added to NRS by 2001 Special Session, 34; A 2011, 2523)

      NRS 432B.050  “Court” defined.  “Court” has the meaning ascribed to it in NRS 62A.180.

      (Added to NRS by 1985, 1369; A 1991, 2186; 2003, 1149)

      NRS 432B.060  “Custodian” defined.  “Custodian” means a person or a governmental organization, other than a parent or legal guardian, who has been awarded legal custody of a child. The term does not include a person or governmental organization who continues to provide services to a child that remains under the jurisdiction of a court pursuant to NRS 432B.594.

      (Added to NRS by 1985, 1369; A 2011, 252)

      NRS 432B.065  “Division of Child and Family Services” defined.  “Division of Child and Family Services” means the Division of Child and Family Services of the Department of Health and Human Services.

      (Added to NRS by 1993, 2705)

      NRS 432B.067  “Indian child” defined.  “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

      (Added to NRS by 1995, 786)

      NRS 432B.068  “Indian Child Welfare Act” defined.  “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.).

      (Added to NRS by 1995, 786)

      NRS 432B.069  “Information maintained by an agency which provides child welfare services” defined.  “Information maintained by an agency which provides child welfare services” means data or information concerning reports and investigations made pursuant to this chapter, including, without limitation, the name, address, date of birth, social security number and the image or likeness of any child, family member of any child and reporting party or source, whether primary or collateral.

      (Added to NRS by 2013, 523)

      NRS 432B.070  “Mental injury” defined.  “Mental injury” means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within a normal range of performance or behavior.

      (Added to NRS by 1985, 1369)

      NRS 432B.080  “Parent” defined.  “Parent” means a natural or adoptive parent whose parental rights have not been terminated.

      (Added to NRS by 1985, 1369)

      NRS 432B.090  “Physical injury” defined.  “Physical injury” includes, without limitation:

      1.  A sprain or dislocation;

      2.  Damage to cartilage;

      3.  A fracture of a bone or the skull;

      4.  An intracranial hemorrhage or injury to another internal organ;

      5.  A burn or scalding;

      6.  A cut, laceration, puncture or bite;

      7.  Permanent or temporary disfigurement; or

      8.  Permanent or temporary loss or impairment of a part or organ of the body.

      (Added to NRS by 1985, 1369; A 1997, 848)

      NRS 432B.100  “Sexual abuse” defined.  “Sexual abuse” includes acts upon a child constituting:

      1.  Incest under NRS 201.180;

      2.  Lewdness with a child under NRS 201.230;

      3.  Sado-masochistic abuse under NRS 201.262;

      4.  Sexual assault under NRS 200.366;

      5.  Statutory sexual seduction under NRS 200.368;

      6.  Open or gross lewdness under NRS 201.210; and

      7.  Mutilation of the genitalia of a female child, aiding, abetting, encouraging or participating in the mutilation of the genitalia of a female child, or removal of a female child from this State for the purpose of mutilating the genitalia of the child under NRS 200.5083.

      (Added to NRS by 1985, 1369; A 1991, 54; 1997, 677; 2003, 1396)

      NRS 432B.110  “Sexual exploitation” defined.  “Sexual exploitation” includes forcing, allowing or encouraging a child:

      1.  To solicit for or engage in prostitution;

      2.  To view a pornographic film or literature; and

      3.  To engage in:

      (a) Filming, photographing or recording on videotape; or

      (b) Posing, modeling, depiction or a live performance before an audience,

Ê which involves the exhibition of a child’s genitals or any sexual conduct with a child, as defined in NRS 200.700.

      (Added to NRS by 1985, 1369)

      NRS 432B.121  Definition of when person has “reasonable cause to believe” and when person acts “as soon as reasonably practicable.”  For the purposes of this chapter, a person:

      1.  Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

      2.  Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.

      (Added to NRS by 1999, 3526)

      NRS 432B.130  Persons responsible for child’s welfare.  A person is responsible for a child’s welfare under the provisions of this chapter if the person is the child’s parent, guardian, a stepparent with whom the child lives, an adult person continually or regularly found in the same household as the child, or a person directly responsible or serving as a volunteer for or employed in a public or private home, institution or facility where the child actually resides or is receiving child care outside of the home for a portion of the day.

      (Added to NRS by 1985, 1370; A 1989, 439; 2001 Special Session, 34)

      NRS 432B.135  Child in custody of agency which provides child welfare services deemed homeless in certain circumstances.

      1.  A child who is in the legal or physical custody of an agency which provides child welfare services and is awaiting foster care placement shall be deemed to be homeless for the purposes of the federal McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. § 11301 et seq., and any regulations adopted pursuant thereto. If a child is legally adopted or ordered by a court of competent jurisdiction to a permanent placement, the child is no longer deemed homeless for the purposes of the federal McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. § 11301 et seq., and any regulations adopted pursuant thereto.

      2.  For the purpose of this section, “awaiting foster care placement” means the period during which a child is removed from his or her home until he or she is legally adopted or enters a permanent placement.

      (Added to NRS by 2013, 523)

      NRS 432B.140  Negligent treatment or maltreatment.  Negligent treatment or maltreatment of a child occurs if a child has been abandoned, is without proper care, control and supervision or lacks the subsistence, education, shelter, medical care or other care necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect or refusal of the person to provide them when able to do so.

      (Added to NRS by 1985, 1370)

      NRS 432B.150  Excessive corporal punishment may constitute abuse or neglect.  Excessive corporal punishment may result in physical or mental injury constituting abuse or neglect of a child under the provisions of this chapter.

      (Added to NRS by 1985, 1370)

      NRS 432B.153  Presumptions concerning custody and visitation when parent of child is convicted of first degree murder of other parent of child.

      1.  The conviction of the parent of a child for murder of the first degree of the other parent of the child creates a rebuttable presumption that sole or joint custody of the child by the convicted parent is not in the best interest of the child. The rebuttable presumption may be overcome only if:

      (a) The court determines that:

             (1) There is no other suitable guardian for the child;

             (2) The convicted parent is a suitable guardian for the child; and

             (3) The health, safety and welfare of the child are not at risk; or

      (b) The child is of suitable age to signify his or her assent and assents to the order of the court awarding sole or joint custody of the child to the convicted parent.

      2.  The conviction of the parent of a child for murder of the first degree of the other parent of the child creates a rebuttable presumption that rights to visitation with the child are not in the best interest of the child and must not be granted if custody is not granted pursuant to subsection 1. The rebuttable presumption may be overcome only if:

      (a) The court determines that:

             (1) The health, safety and welfare of the child are not at risk; and

             (2) It will be beneficial for the child to have visitations with the convicted parent; or

      (b) The child is of suitable age to signify his or her assent and assents to the order of the court awarding rights to visitation with the child to the convicted parent.

      3.  Until the court makes a determination pursuant to this section, no person may bring the child into the presence of the convicted parent without the consent of the legal guardian or custodian of the child.

      (Added to NRS by 1999, 743; A 1999, 2975)

      NRS 432B.157  Presumption concerning custody when court determines that parent or other person seeking custody of child is perpetrator of domestic violence.

      1.  Except as otherwise provided in NRS 125C.210 and 432B.153, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that it is not in the best interest of the child for the perpetrator of the domestic violence to have custody of the child. Upon making such a determination, the court shall set forth:

      (a) Findings of fact that support the determination that one or more acts of domestic violence occurred; and

      (b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.

      2.  If after an evidentiary hearing held pursuant to subsection 1 the court determines that more than one party has engaged in acts of domestic violence, it shall, if possible, determine which person was the primary physical aggressor. In determining which party was the primary physical aggressor for the purposes of this section, the court shall consider:

      (a) All prior acts of domestic violence involving any of the parties;

      (b) The relative severity of the injuries, if any, inflicted upon the persons involved in those prior acts of domestic violence;

      (c) The likelihood of future injury;

      (d) Whether, during the prior acts, one of the parties acted in self-defense; and

      (e) Any other factors that the court deems relevant to the determination.

Ê In such a case, if it is not possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies to each of the parties. If it is possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies only to the party determined by the court to be the primary physical aggressor.

      3.  A court, agency, institution or other person who places a child in protective custody shall not release a child to the custody of a person who a court has determined pursuant to subsection 1 has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child unless:

      (a) A court determines that it is in the best interest of the child for the perpetrator of the domestic violence to have custody of the child; or

      (b) Pursuant to the provisions of subsection 2, the presumption created pursuant to subsection 1 does not apply to the person to whom the court releases the child.

      4.  As used in this section, “domestic violence” means the commission of any act described in NRS 33.018.

      (Added to NRS by 1999, 743)

      NRS 432B.159  Presumption concerning custody and visitation when parent or other person seeking custody of child is perpetrator of any act of abduction against the child.

      1.  A determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has committed any act of abduction against the child or any other child creates a rebuttable presumption that sole or joint custody or unsupervised visitation of the child by the perpetrator of the abduction is not in the best interest of the child. If the parent or other person seeking custody does not rebut the presumption, the court shall not enter an order for sole or joint custody or unsupervised visitation of the child by the perpetrator and the court shall set forth:

      (a) Findings of fact that support the determination that one or more acts of abduction occurred; and

      (b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other person from whom the child was abducted.

      2.  For purposes of subsection 1, any of the following acts constitute conclusive evidence that an act of abduction occurred:

      (a) A conviction of the defendant of any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct;

      (b) A plea of guilty or nolo contendere by the defendant to any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct; or

      (c) An admission by the defendant to the court of the facts contained in the charging document alleging a violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

      3.  If, after a court enters a final order concerning custody of the child, a magistrate determines there is probable cause to believe that an act of abduction has been committed against the child or any other child and that a person who has been awarded sole or joint custody or unsupervised visitation of the child has committed the act, the court shall, upon a motion to modify the order concerning custody, reconsider the previous order concerning custody pursuant to subsections 1 and 2.

      4.  A court, agency, institution or other person who places a child in protective custody shall not release a child to the custody of a person who a court has determined pursuant to this section has engaged in one or more acts of abduction against the child or any other child, unless a court determines that it is in the best interest of the child for the perpetrator of the abduction to have custody of the child.

      5.  As used in this section, “abduction” means the commission of an act described in NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

      (Added to NRS by 2009, 225)

      NRS 432B.160  Immunity from civil or criminal liability; presumption.

      1.  Except as otherwise provided in subsection 2, immunity from civil or criminal liability extends to every person who in good faith:

      (a) Makes a report pursuant to NRS 432B.220;

      (b) Conducts an interview or allows an interview to be taken pursuant to NRS 432B.270;

      (c) Allows or takes photographs or X rays pursuant to NRS 432B.270;

      (d) Causes a medical test to be performed pursuant to NRS 432B.270;

      (e) Provides a record, or a copy thereof, of a medical test performed pursuant to NRS 432B.270 to an agency which provides child welfare services to the child, a law enforcement agency that participated in the investigation of the report made pursuant to NRS 432B.220 or the prosecuting attorney’s office;

      (f) Holds a child pursuant to NRS 432B.400, takes possession of a child pursuant to NRS 432B.630 or places a child in protective custody pursuant to any provision of this chapter;

      (g) Performs any act pursuant to subsection 2 of NRS 432B.630;

      (h) Refers a case or recommends the filing of a petition pursuant to NRS 432B.380; or

      (i) Participates in a judicial proceeding resulting from a referral or recommendation.

      2.  The provisions of subsection 1 do not confer any immunity from liability for the negligent performance of any act pursuant to paragraph (b) of subsection 2 of NRS 432B.630.

      3.  In any proceeding to impose liability against a person for:

      (a) Making a report pursuant to NRS 432B.220; or

      (b) Performing any act set forth in paragraphs (b) to (i), inclusive, of subsection 1,

Ê there is a presumption that the person acted in good faith.

      (Added to NRS by 1985, 1378; A 1987, 1154; 1999, 60, 3526; 2001, 1256; 2001 Special Session, 34; 2005, 2031)

      NRS 432B.165  Authority of agency which provides child welfare services and other entities to provide information to assist in locating a missing child; information not confidential.

      1.  For purposes of assisting in locating a missing child who is the subject of an investigation of abuse or neglect and who is in the protective custody of an agency which provides child welfare services or in the custody of another entity pursuant to an order of the juvenile court, an agency which provides child welfare services may provide the following information to a federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse or neglect:

      (a) The name of the child;

      (b) The age of the child;

      (c) A physical description of the child; and

      (d) A photograph of the child.

      2.  Information provided pursuant to subsection 1 is not confidential and may be disclosed to any member of the general public upon request.

      (Added to NRS by 2007, 193)

      NRS 432B.170  Authority of agency which provides child welfare services to share information with state or local agencies.  Nothing in the provisions of this chapter or NRS 432.0999 to 432.130, inclusive, prohibits an agency which provides child welfare services from sharing information with other state or local agencies if:

      1.  The purpose for sharing the information is for the development of a plan for the care, treatment or supervision of a child who has been abused or neglected, or an infant who is born and has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure or of a person responsible for the child’s or infant’s welfare;

      2.  The other agency has standards for confidentiality equivalent to those of the agency which provides child welfare services; and

      3.  Proper safeguards are taken to ensure the confidentiality of the information.

      (Added to NRS by 1985, 1378; A 2001 Special Session, 35; 2005, 2031)

      NRS 432B.175  Availability of data or information regarding fatality or near fatality of child who is subject of report of abuse or neglect; limitation on disclosure; regulations.

      1.  Data or information concerning reports and investigations thereof made pursuant to this chapter must be made available pursuant to this section to any member of the general public upon request if the child who is the subject of a report of abuse or neglect suffered a fatality or near fatality. Any such data and information which is known must be made available not later than 48 hours after a fatality and not later than 5 business days after a near fatality. Except as otherwise provided in subsection 2, the data or information which must be disclosed includes, without limitation:

      (a) A summary of the report of abuse or neglect and a factual description of the contents of the report;

      (b) The date of birth and gender of the child;

      (c) The date that the child suffered the fatality or near fatality;

      (d) The cause of the fatality or near fatality, if such information has been determined;

      (e) Whether the agency which provides child welfare services had any contact with the child or a member of the child’s family or household before the fatality or near fatality and, if so:

             (1) The frequency of any contact or communication with the child or a member of the child’s family or household before the fatality or near fatality and the date on which the last contact or communication occurred before the fatality or near fatality;

             (2) Whether the agency which provides child welfare services provided any child welfare services to the child or to a member of the child’s family or household before or at the time of the fatality or near fatality;

             (3) Whether the agency which provides child welfare services made any referrals for child welfare services for the child or for a member of the child’s family or household before or at the time of the fatality or near fatality;

             (4) Whether the agency which provides child welfare services took any other actions concerning the welfare of the child before or at the time of the fatality or near fatality; and

             (5) A summary of the status of the child’s case at the time of the fatality or near fatality, including, without limitation, whether the child’s case was closed by the agency which provides child welfare services before the fatality or near fatality and, if so, the reasons that the case was closed; and

      (f) Whether the agency which provides child welfare services, in response to the fatality or near fatality:

             (1) Has provided or intends to provide child welfare services to the child or to a member of the child’s family or household;

             (2) Has made or intends to make a referral for child welfare services for the child or for a member of the child’s family or household; and

             (3) Has taken or intends to take any other action concerning the welfare and safety of the child or any member of the child’s family or household.

      2.  An agency which provides child welfare services shall not disclose the following data or information pursuant to subsection 1:

      (a) Except as otherwise provided in NRS 432B.290, data or information concerning the identity of the person responsible for reporting the abuse or neglect of the child to a public agency;

      (b) The name of the child who suffered a near fatality or the name of any member of the family or other person who lives in the household of the child who suffered the fatality or near fatality;

      (c) A privileged communication between an attorney and client; and

      (d) Information that may undermine a criminal investigation or pending criminal prosecution.

      3.  The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section.

      4.  As used in this section, “near fatality” means an act that places a child in serious or critical condition as verified orally or in writing by a physician, a registered nurse or other licensed provider of health care. Such verification may be given in person or by telephone, mail, electronic mail or facsimile.

      (Added to NRS by 2007, 194; A 2013, 523)

      NRS 432B.178  Director of Department of Health and Human Services authorized to create interagency committee to evaluate child welfare system in this State; appointment of members; submission of written report.

      1.  The Director of the Department of Health and Human Services may create an interagency committee to evaluate the child welfare system in this State. Any such evaluation must include, without limitation, a review of state laws to ensure that the state laws comply with federal law and to ensure that the state laws reflect the current practices of each agency which provides child welfare services and others involved in the child welfare system.

      2.  The Director may appoint as many members to the interagency committee as the Director deems appropriate except that the members of such a committee must include, without limitation, at least one person to represent:

      (a) Each agency which provides child welfare services;

      (b) The Department of Education;

      (c) The juvenile justice system;

      (d) Law enforcement; and

      (e) Providers of treatment or services for persons in the child welfare system.

      3.  The interagency committee created pursuant to subsection 1 shall, on or before January 1 of each odd-numbered year after it is created, submit to the Director of the Legislative Counsel Bureau a written report for transmittal to the Chairs of the Assembly and Senate Standing Committees on Judiciary, the Chair of the Assembly Committee on Health and Human Services and the Chair of the Senate Committee on Health and Education.

      (Added to NRS by 2009, 221; A 2013, 3328)

ADMINISTRATION

General Provisions

      NRS 432B.180  Duties of Division of Child and Family Services.  The Division of Child and Family Services shall:

      1.  Administer any money granted to the State by the Federal Government.

      2.  Request appropriations from the Legislature in amounts sufficient to:

      (a) Provide block grants to an agency which provides child welfare services in a county whose population is 100,000 or more pursuant to NRS 432B.2185; and

      (b) Administer a program to provide additional incentive payments to such an agency pursuant to NRS 432B.2165.

      3.  Monitor the performance of an agency which provides child welfare services in a county whose population is 100,000 or more through data collection, evaluation of services and the review and approval of agency improvement plans pursuant to NRS 432B.2165.

      4.  Provide child welfare services directly or arrange for the provision of those services in a county whose population is less than 100,000.

      5.  Coordinate its activities with and assist the efforts of any law enforcement agency, a court of competent jurisdiction, an agency which provides child welfare services and any public or private organization which provides social services for the prevention, identification and treatment of abuse or neglect of children and for permanent placement of children.

      6.  Involve communities in the improvement of child welfare services.

      7.  Evaluate all child welfare services provided throughout the State and, if an agency which provides child welfare services is not in substantial compliance with any federal or state law relating to the provision of child welfare services, regulations adopted pursuant to those laws or statewide plans or policies relating to the provision of child welfare services, require corrective action of the agency which provides child welfare services.

      8.  Coordinate with and assist:

      (a) Each agency which provides child welfare services in recruiting, training and licensing providers of foster care as defined in NRS 424.017;

      (b) Each foster care agency licensed pursuant to NRS 424.093 to 424.270, inclusive, in screening, recruiting, licensing and training providers of foster care as defined in NRS 424.017; and

      (c) A nonprofit or community-based organization in recruiting and training providers of foster care as defined in NRS 424.017 if the Division determines that the organization provides a level of training that is equivalent to the level of training provided by an agency which provides child welfare services.

      (Added to NRS by 1985, 1370; A 1987, 1439; 1993, 2705; 2001 Special Session, 35; 2007, 543, 1501; 2009, 1489; 2011, 2496; 2013, 1453)

      NRS 432B.190  Regulations to be adopted by Division of Child and Family Services.  The Division of Child and Family Services shall, in consultation with each agency which provides child welfare services, adopt:

      1.  Regulations establishing reasonable and uniform standards for:

      (a) Child welfare services provided in this State;

      (b) Programs for the prevention of abuse or neglect of a child and the achievement of the permanent placement of a child;

      (c) The development of local councils involving public and private organizations;

      (d) Reports of abuse or neglect, records of these reports and the response to these reports;

      (e) Carrying out the provisions of NRS 432B.260, including, without limitation, the qualifications of persons with whom agencies which provide child welfare services enter into agreements to provide services to children and families;

      (f) The management and assessment of reported cases of abuse or neglect;

      (g) The protection of the legal rights of parents and children;

      (h) Emergency shelter for a child;

      (i) The prevention, identification and correction of abuse or neglect of a child in residential institutions;

      (j) Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that is written in language which is easy to understand, is available in English and in any other language the Division determines is appropriate based on the demographic characteristics of this State and sets forth:

             (1) Contact information regarding persons and governmental entities which provide assistance to persons who are responsible for the welfare of children, including, without limitation, persons and entities which provide assistance to persons who are being investigated for allegedly abusing or neglecting a child;

             (2) The procedures for taking a child for placement in protective custody; and

             (3) The state and federal legal rights of:

                   (I) A person who is responsible for a child’s welfare and who is the subject of an investigation of alleged abuse or neglect of a child, including, without limitation, the legal rights of such a person at the time an agency which provides child welfare services makes initial contact with the person in the course of the investigation and at the time the agency takes the child for placement in protective custody, and the legal right of such a person to be informed of any allegation of abuse or neglect of a child which is made against the person at the initial time of contact with the person by the agency; and

                   (II) Persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding; and

      (k) Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child.

      2.  Regulations, which are applicable to any person who is authorized to place a child in protective custody without the consent of the person responsible for the child’s welfare, setting forth reasonable and uniform standards for establishing whether immediate action is necessary to protect the child from injury, abuse or neglect for the purposes of determining whether to place the child into protective custody pursuant to NRS 432B.390. Such standards must consider the potential harm to the child in remaining in his or her home, including, without limitation:

      (a) Circumstances in which a threat of harm suggests that a child is in imminent danger of serious harm.

      (b) The conditions or behaviors of the child’s family which threaten the safety of the child who is unable to protect himself or herself and who is dependent on others for protection, including, without limitation, conditions or behaviors that are beyond the control of the caregiver of the child and create an imminent threat of serious harm to the child.

Ê The Division of Child and Family Services shall ensure that the appropriate persons or entities to whom the regulations adopted pursuant to this subsection apply are provided with a copy of such regulations. As used in this subsection, “serious harm” includes the threat or evidence of serious physical injury, sexual abuse, significant pain or mental suffering, extreme fear or terror, extreme impairment or disability, death, substantial impairment or risk of substantial impairment to the child’s mental or physical health or development.

      3.  Such other regulations as are necessary for the administration of NRS 432B.010 to 432B.606, inclusive.

      (Added to NRS by 1985, 1370; A 1987, 1439; 1991, 922; 1993, 2706; 1995, 787; 1997, 2471; 2001, 1700, 1839, 1850; 2001 Special Session, 36; 2003, 236, 251, 650; 2005, 2094; 2007, 1086, 1502; 2011, 2673)

      NRS 432B.195  Agency which provides child welfare services required to provide training to certain employees concerning rights of certain persons responsible for child’s welfare; employees not required or authorized to offer legal advice, legal assistance or legal interpretation of state or federal laws.

      1.  An agency which provides child welfare services shall provide training to each person who is employed by the agency and who provides child welfare services. Such training must include, without limitation, instruction concerning the applicable state and federal constitutional and statutory rights of a person who is responsible for a child’s welfare and who is:

      (a) The subject of an investigation of alleged abuse or neglect of a child; or

      (b) A party to a proceeding concerning the alleged abuse or neglect of a child pursuant to NRS 432B.410 to 432B.590, inclusive.

      2.  Nothing in this section shall be construed as requiring or authorizing a person who is employed by an agency which provides child welfare services to offer legal advice, legal assistance or legal interpretation of state or federal statutes or laws.

      (Added to NRS by 2005, 2093)

      NRS 432B.197  Agency which provides child welfare services required to establish policies to ensure that children in custody of agency have access to and safe administration of clinically appropriate psychotropic medication.  Each agency which provides child welfare services shall establish appropriate policies to ensure that children in the custody of the agency have timely access to and safe administration of clinically appropriate psychotropic medication. The policies must include, without limitation, policies concerning:

      1.  The use of psychotropic medication in a manner that has not been tested or approved by the United States Food and Drug Administration, including, without limitation, the use of such medication for a child who is of an age that has not been tested or approved or who has a condition for which the use of the medication has not been tested or approved;

      2.  Prescribing any psychotropic medication for use by a child who is less than 4 years of age;

      3.  The concurrent use by a child of three or more classes of psychotropic medication;

      4.  The concurrent use by a child of two psychotropic medications of the same class; and

      5.  The criteria for nominating persons who are legally responsible for the psychiatric care of children in the custody of agencies which provide child welfare services pursuant to NRS 432B.4681 to 432B.469, inclusive, and the policies adopted pursuant to this section.

      (Added to NRS by 2009, 410; A 2011, 2675)

      NRS 432B.198  Employment with agency which provides child welfare services: Background investigation required; periodic additional investigations.

      1.  An agency which provides child welfare services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the agency, and each employee of the agency, to determine:

      (a) Whether the applicant or employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

             (2) Any felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

             (3) Assault with intent to kill or to commit sexual assault or mayhem;

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or an offense involving pornography and a minor;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;

             (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 or contributory delinquency;

             (10) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

             (13) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

             (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the applicant or employee for a violation of an offense listed in paragraph (a).

      2.  An agency which provides child welfare services shall request information from:

      (a) The Statewide Central Registry concerning an applicant for employment with the agency, or an employee of the agency, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and

      (b) The central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.

      3.  Each applicant for employment with an agency which provides child welfare services, and each employee of an agency which provides child welfare services, must submit to the agency:

      (a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) Written authorization for the agency to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.

      4.  An agency which provides child welfare services may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted pursuant to this section.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the agency which provides child welfare services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

      6.  An agency which provides child welfare services shall conduct an investigation of each employee of the agency pursuant to this section at least once every 5 years after the initial investigation.

      7.  As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

      (Added to NRS by 2013, 465)

      NRS 432B.199  Employment with agency which provides child welfare services: Termination of employee charged with or convicted of certain crimes; correction of information.

      1.  If the report from the Federal Bureau of Investigation forwarded to an agency which provides child welfare services pursuant to subsection 5 of NRS 432B.198, the information received by an agency which provides child welfare services pursuant to subsection 2 of NRS 432B.198 or evidence from any other source indicates that an applicant for employment with the agency, or an employee of the agency:

      (a) Has charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 432B.198, the agency may deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable; or

      (b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 432B.198, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of NRS 432B.198, the agency shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.

      2.  If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the agency which provides child welfare services pursuant to subsection 5 of NRS 432B.198 is incorrect, the applicant or employee must inform the agency immediately. An agency that provides child welfare services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.

      3.  If an applicant for employment or an employee believes that the information received by an agency which provides child welfare services pursuant to subsection 2 of NRS 432B.198 is incorrect, the applicant or employee must inform the agency immediately. An agency which provides child welfare services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 60 days to correct the information.

      4.  During the period in which an applicant or employee seeks to correct information pursuant to subsection 2 or 3, the applicant or employee:

      (a) Shall not have contact with a child or a relative or guardian of the child in the course of performing any duties as an employee of the agency which provides child welfare services.

      (b) May be placed on leave without pay.

      5.  The provisions of subsection 4 must not be construed as preventing an agency which provides child welfare services from initiating internal disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3.

      (Added to NRS by 2013, 466)

      NRS 432B.200  Toll-free telephone number for reports of abuse or neglect.  The Division of Child and Family Services shall establish and maintain a center with a toll-free telephone number to receive reports of abuse or neglect of a child in this State 24 hours a day, 7 days a week. Any reports made to this center must be promptly transmitted to the agency which provides child welfare services in the community where the child is located.

      (Added to NRS by 1985, 1371; A 1993, 2706; 2001 Special Session, 36)

      NRS 432B.210  State, political subdivisions and agencies to cooperate with agencies which provide child welfare services.  An agency which provides child welfare services must receive from the State, any of its political subdivisions or any agency of either, any cooperation, assistance and information it requests in order to fulfill its responsibilities under this chapter and NRS 432.0999 to 432.130, inclusive.

      (Added to NRS by 1985, 1379; A 2001 Special Session, 36)

      NRS 432B.215  Acquisition and use of information concerning probationers and parolees.

      1.  An agency which provides child welfare services may request the Division of Parole and Probation of the Department of Public Safety to provide information concerning a probationer or parolee that may assist the agency in carrying out the provisions of this chapter. The Division of Parole and Probation shall provide such information upon request.

      2.  The agency which provides child welfare services may use the information obtained pursuant to subsection 1 only for the limited purpose of carrying out the provisions of this chapter.

      (Added to NRS by 1997, 835; A 2001, 2612; 2001 Special Session, 36; 2003, 236)

Corrective Action, Improvement Plans and Incentive Payments

      NRS 432B.2155  Corrective action or corrective action plan to be carried out by agency which provides child welfare services when necessary; consequences of failing to carry out action or plan within required period; Division of Child and Family Services to adopt regulations.

      1.  When the Division of Child and Family Services determines pursuant to subsection 7 of NRS 432B.180 that corrective action by an agency which provides child welfare services is necessary, the Division shall notify the agency which provides child welfare services of the specific areas in which the agency is in noncompliance with the federal or state laws, regulations adopted pursuant to such laws or statewide plans or policies and inform the agency which provides child welfare services that it must, within 60 days, carry out the corrective action or develop a corrective action plan.

      2.  The Division of Child and Family Services shall determine whether to approve a corrective action plan submitted pursuant to subsection 1 within 30 days after receipt. If the Division of Child and Family Services does not approve the plan, the Division of Child and Family Services must notify the agency which provides child welfare services of the deficiencies and allow the agency which provides child welfare services 30 days in which to submit a revised corrective action plan for reconsideration. If a revised corrective action plan is not resubmitted within 30 days, the Division may take any of the actions set forth in subsection 4.

      3.  After the Division of Child and Family Services approves a corrective action plan, the agency which provides child welfare services must carry out the plan within 90 days.

      4.  If the agency which provides child welfare services fails to take corrective action or to carry out a corrective action plan within the required period, the Division of Child and Family Services may take one or more of the following actions:

      (a) Withhold money from the agency which provides child welfare services;

      (b) Impose an administrative fine against the agency which provides child welfare services;

      (c) Provide the agency which provides child welfare services with direct supervision and recover the cost and expenses incurred by the Division in providing such supervision; and

      (d) Require the agency which provides child welfare services to determine whether it is necessary to impose disciplinary action that is consistent with the personnel rules of the agency which provides child welfare services against an employee who substantially contributed to the noncompliance of the agency which provides child welfare services with the federal or state laws, regulations adopted pursuant to such laws or statewide plans or policies, including, without limitation, suspension of the employee without pay, if appropriate.

      5.  The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations which prescribe the circumstances under which action must be taken against an agency which provides child welfare services for failure to take corrective action and which specify that any such action by the Division must not impede the provision of child welfare services.

      6.  The Division of Child and Family Services shall deposit any money received from the administrative fines imposed pursuant to this section with the State Treasurer for credit to the State General Fund. The State Treasurer shall account separately for the money deposited pursuant to this subsection. The money in the account may only be used by the Division to improve the provision of child welfare services in this State, including, without limitation:

      (a) To pay the costs associated with providing training and technical assistance and conducting quality improvement activities for an agency which provides child welfare services to assist the agency in any area in which the agency has failed to take corrective action; and

      (b) Hiring a qualified consultant to conduct such training, technical assistance and quality improvement activities.

      (Added to NRS by 2011, 2492)

      NRS 432B.216  Agency which provides child welfare services to submit biennial improvement plan; agency to solicit input regarding plan; requirements of plan; agency to submit annual data to Division of Child and Family Services.

      1.  Each agency which provides child welfare services shall submit an improvement plan to the Division of Child and Family Services on or before January 1 of each odd-numbered year.

      2.  Before submitting an improvement plan pursuant to subsection 1, the agency must solicit public input regarding the proposed improvement plan. The agency which provides child welfare services shall submit with the improvement plan an explanation of the manner in which the agency solicited such public input and a summary of any input received.

      3.  The improvement plan must cover a period of 2 years and include, without limitation:

      (a) Specific performance targets for improving the safety, permanency and well-being of the children in the care of the agency which provides child welfare services; and

      (b) The approach that the agency which provides child welfare services will take to achieve the specific performance targets, including, without limitation, specific strategies that will be used.

      4.  On or before December 31 of each year, the agency which provides child welfare services must submit to the Division of Child and Family Services data demonstrating the progress that the agency which provides child welfare services has made towards meeting the specific performance targets set forth in the improvement plan submitted pursuant to subsection 1.

      (Added to NRS by 2011, 2493)

      NRS 432B.2165  Division of Child and Family Services to administer program to award incentive payment to agency which provides child welfare services in a county whose population is 100,000 or more; application for incentive payment; approval and denial of incentive payment.

      1.  The Division of Child and Family Services shall administer a program to award incentive payments to an agency which provides child welfare services in a county whose population is 100,000 or more.

      2.  On or before May 1 of each year, an agency which provides child welfare services may submit an application to the Division of Child and Family Services for an incentive payment.

      3.  The application for an incentive payment must include, without limitation:

      (a) A description of the specific goal that the agency which provides child welfare services agrees to achieve by June 30 of the following year if the incentive payment is awarded;

      (b) Baseline data to support the need to achieve the specific goal and which will provide a manner in which to measure whether the goal is achieved or to determine the percentage of the goal that is achieved; and

      (c) The amount requested by the agency which provides child welfare services as an incentive payment.

      4.  If the Division of Child and Family Services does not approve the application, the Division must notify the agency which provides child welfare services of the specific deficiencies in the application and allow the agency to resubmit the application within 30 days.

      5.  If the Division of Child and Family Services approves the application, the Division of Child and Family Services shall, to the extent that money is available for that purpose, award an incentive payment to the agency which provides child welfare services for the fiscal year beginning on July 1 of the year in which the application is submitted.

      (Added to NRS by 2011, 2494)

      NRS 432B.217  Application by agency which provides child welfare services for incentive payment in subsequent years; approval of application; amount of subsequent incentive payment.

      1.  Each year following the award of an incentive payment pursuant to NRS 432B.2165, the agency which provides child welfare services may submit an application on or before May 1 for an incentive payment to be awarded for the next fiscal year beginning on July 1 following approval of the application.

      2.  The agency which provides child welfare services shall submit the application in the manner set forth in NRS 432B.2165 and must, in addition to the information required pursuant to NRS 432B.2165, include an estimate of the percentage of the goals established in the prior application that will be achieved by the agency which provides child welfare services by June 30.

      3.  If the Division of Child and Family Services approves the application, the Division shall, to the extent that money has been made available for that purpose, award an incentive payment to the agency which provides child welfare services for the fiscal year beginning on July 1 of the year in which the application is submitted in an amount not to exceed a percentage of the amount awarded for the current fiscal year as determined pursuant to subsection 4.

      4.  The amount of an incentive payment that may be awarded for the next fiscal year pursuant to this section must be determined by multiplying the amount awarded for the current fiscal year by the percentage point of completion of the goal established for the current fiscal year, up to a maximum of 100 percent of the amount of the incentive payment awarded for the current fiscal year.

      (Added to NRS by 2011, 2494)

      NRS 432B.2175  Agency which provides child welfare services that receives incentive payment to submit report to Division of Child and Family Services demonstrating percentage of goal achieved.

      1.  On or before September 1 of the year following the year in which an agency which provides child welfare services is awarded an incentive payment from the program established pursuant to NRS 432B.2165, the agency which provides child welfare services shall submit to the Division of Child and Family Services a report which demonstrates whether the goal established pursuant to NRS 432B.2165 was achieved and, if not, the percentage of the goal that was achieved by June 30 of the fiscal year in which the incentive payment was awarded.

      2.  If the report submitted pursuant to subsection 1 demonstrates that the agency which provides child welfare services achieved:

      (a) A greater percentage of the goal than estimated pursuant to NRS 432B.217, the Division of Child and Family Services shall increase the incentive payment to the agency which provides child welfare services by an amount equal to the additional amount that should have been awarded pursuant to subsection 4 of NRS 432B.217; or

      (b) A lower percentage of the goal than estimated pursuant to NRS 432B.217, the agency which provides child welfare services shall reimburse to the Division an amount equal to the additional amount that should not have been awarded pursuant to subsection 4 of NRS 432B.217.

      (Added to NRS by 2011, 2495)

      NRS 432B.218  Annual report to Governor and Legislature concerning achievement of specific performance targets in improvement plans and specific goals established to receive incentive payment.  On or before January 31 of each year, the Division of Child and Family Services shall prepare and submit a report to the Governor and the Legislature which includes, without limitation, information concerning:

      1.  The progress made by each agency which provides child welfare services in a county whose population is 100,000 or more toward achieving the specific performance targets set forth in an improvement plan submitted by the agency pursuant to NRS 432B.216; and

      2.  Whether the agency which provides child welfare services in a county whose population is 100,000 or more achieved the specific goal established pursuant to NRS 432B.2165 during the previous fiscal year and, if not, the percentage of the goal that was achieved.

      (Added to NRS by 2011, 2495)

Grants to Agency Which Provides Child Welfare Services

      NRS 432B.2185  Block grant awarded to agency which provides child welfare services in county whose population is 100,000 or more; amount and use of block grant.

      1.  The Division of Child and Family Services shall award a block grant to each agency which provides child welfare services in a county whose population is 100,000 or more for each fiscal year to the extent that money has been appropriated to the Division for that purpose. The amount of the appropriation to the Division of Child and Family Services must be based on the amount appropriated for the previous biennium. The amount of the block grant must be determined for 2 years beginning on July 1 of each odd-numbered year and allocated each fiscal year.

      2.  An agency which provides child welfare services that receives a block grant pursuant to subsection 1 may use the money allocated for any costs of providing child welfare services without restriction, the agency which provides child welfare services is not required to return any money remaining from that allocation at the end of the fiscal year, and the money does not revert to the State General Fund.

      3.  If the board of county commissioners of a county whose population is 100,000 or more appropriates to the agency which provides child welfare services for the county an amount less than the amount appropriated to the agency for the fiscal year beginning on July 1, 2010, the Division of Child and Family Services must reduce the amount of the block grant awarded pursuant to subsection 1 by an equal amount.

      (Added to NRS by 2011, 2495)

      NRS 432B.219  Categorical grants for adoption assistance programs; determination of amount; restrictions on use.

      1.  The Division of Child and Family Services shall provide a categorical grant to each agency which provides child welfare services for each fiscal year for its adoption assistance program to the extent that money has been appropriated to the Division for that purpose. The amount of the grant must be based upon the estimated cost of the projected growth in the adoption assistance program.

      2.  The amount of the grant awarded pursuant to subsection 1 must be determined for 2 years beginning on July 1 of each odd-numbered year and allocated each fiscal year.

      3.  An agency which provides child welfare services that receives a grant pursuant to subsection 1 must use the money allocated only for costs associated with the adoption assistance program. Any money from the grant awarded pursuant to subsection 1 that has not been used or committed for expenditure by the agency which provides child welfare services by the end of the fiscal year reverts to the State General Fund.

      (Added to NRS by 2011, 2496)

REPORTS OF ABUSE OR NEGLECT; REPORTS OF PRENATAL ILLEGAL SUBSTANCE ABUSE

      NRS 432B.220  Persons required to make report; when and to whom reports are required; any person may make report; report and written findings if reasonable cause to believe death of child caused by abuse or neglect; certain persons and entities required to inform reporters of duty to report.

      1.  Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

      (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

      (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.

      (b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

      3.  Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) A person providing services licensed or certified in this State pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B or 641C of NRS.

      (b) Any personnel of a medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.

      (c) A coroner.

      (d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.

      (e) A person working in a school who is licensed or endorsed pursuant to chapter 391 or 641B of NRS.

      (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.

      (g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.

      (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

      (i) Except as otherwise provided in NRS 432B.225, an attorney.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

      (k) Any person who is employed by or serves as a volunteer for a youth shelter. As used in this paragraph, “youth shelter” has the meaning ascribed to it in NRS 244.427.

      (l) Any adult person who is employed by an entity that provides organized activities for children.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

      7.  The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.

      8.  The employer of a person who is described in subsection 4 and who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State must, upon initial employment of the person:

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.

      (Added to NRS by 1985, 1371; A 1987, 2132, 2220; 1989, 439; 1993, 2229; 1999, 3526; 2001, 780, 1150; 2001 Special Session, 37; 2003, 910, 1211; 2005, 2031; 2007, 1503, 1853, 3084; 2009, 2996; 2011, 791, 1097; 2013, 957, 1086)

      NRS 432B.225  Attorney prohibited from reporting abuse or neglect of child in certain circumstances.

      1.  Notwithstanding the provisions of NRS 432B.220, an attorney shall not make a report of the abuse or neglect of a child if the attorney acquired knowledge of the abuse or neglect from a client during a privileged communication if the client:

      (a) Has been or may be accused of committing the abuse or neglect; or

      (b) Is the victim of the abuse or neglect, is in foster care and did not give consent to the attorney to report the abuse or neglect.

      2.  Nothing in this section shall be construed as relieving an attorney from:

      (a) Except as otherwise provided in subsection 1, the duty to report the abuse or neglect of a child pursuant to NRS 432B.220; or

      (b) Complying with any ethical duties of attorneys as set forth in the Nevada Rules of Professional Conduct, including, without limitation, any duty to take reasonably necessary actions to protect the client of the attorney if the client is not capable of making adequately considered decisions because of age, mental impairment or any other reason. Such actions may include, without limitation, consulting with other persons who may take actions to protect the client and, when appropriate, seeking the appointment of a guardian ad litem, conservator or guardian.

      (Added to NRS by 2013, 1085)

      NRS 432B.230  Method of making report; contents.

      1.  A person may make a report pursuant to NRS 432B.220 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.

      2.  The report must contain the following information, if obtainable:

      (a) The name, address, age and sex of the child;

      (b) The name and address of the child’s parents or other person responsible for the care of the child;

      (c) The nature and extent of the abuse or neglect of the child, the effect of prenatal illegal substance abuse on the newborn infant or the nature of the withdrawal symptoms resulting from prenatal drug exposure of the newborn infant;

      (d) Any evidence of previously known or suspected:

             (1) Abuse or neglect of the child or the child’s siblings; or

             (2) Effects of prenatal illegal substance abuse on or evidence of withdrawal symptoms resulting from prenatal drug exposure of the newborn infant;

      (e) The name, address and relationship, if known, of the person who is alleged to have abused or neglected the child; and

      (f) Any other information known to the person making the report that the agency which provides child welfare services considers necessary.

      (Added to NRS by 1985, 1372; A 1999, 3528; 2001 Special Session, 38; 2005, 2033)

      NRS 432B.240  Penalty for failure to make report.  Any person who knowingly and willfully violates the provisions of NRS 432B.220 is guilty of:

      1.  For the first violation, a misdemeanor.

      2.  For each subsequent violation, a gross misdemeanor.

      (Added to NRS by 1985, 1373; A 2013, 1088)

      NRS 432B.250  Persons required to report prohibited from invoking certain privileges.  Any person who is required to make a report pursuant to NRS 432B.220 may not invoke any of the privileges set forth in chapter 49 of NRS:

      1.  For failure to make a report pursuant to NRS 432B.220;

      2.  In cooperating with an agency which provides child welfare services or a guardian ad litem for a child; or

      3.  In any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive.

      (Added to NRS by 1985, 1378; A 1999, 3528; 2001 Special Session, 38; 2003, 590)

      NRS 432B.255  Admissibility of evidence.  In any proceeding resulting from a report made or action taken pursuant to the provisions of NRS 432B.220, 432B.230 or 432B.340 or in any proceeding where such report or the contents thereof is sought to be introduced in evidence, such report or contents or any other fact or facts related thereto or to the condition of the child who is the subject of the report shall not be excluded on the ground that the matter would otherwise be privileged against disclosure under chapter 49 of NRS.

      (Added to NRS by 1965, 548; A 1971, 804)—(Substituted in revision for NRS 200.506)

      NRS 432B.260  Action upon receipt of report; agency which provides child welfare services required to inform person named in report of allegation of abuse or neglect if report is investigated.

      1.  Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any. A law enforcement agency shall promptly notify an agency which provides child welfare services of any report it receives.

      2.  Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall immediately initiate an investigation if the report indicates that:

      (a) There is a high risk of serious harm to the child;

      (b) The child has suffered a fatality; or

      (c) The child is living in a household in which another child has died, or the child is seriously injured or has visible signs of physical abuse.

      3.  Except as otherwise provided in subsection 2, upon receipt of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides child welfare services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted. For the purposes of this subsection, an investigation is not warranted if:

      (a) The child is not in imminent danger of harm;

      (b) The child is not vulnerable as the result of any untreated injury, illness or other physical, mental or emotional condition that threatens the immediate health or safety of the child;

      (c) The alleged abuse or neglect of the child or the alleged effect of prenatal illegal substance abuse on or the withdrawal symptoms resulting from any prenatal drug exposure of the newborn infant could be eliminated if the child and the family of the child are referred to or participate in social or health services offered in the community, or both; or

      (d) The agency determines that the:

             (1) Alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian of the child involving the use of corporal punishment; and

             (2) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150.

      4.  If the agency determines that an investigation is warranted, the agency shall initiate the investigation not later than 3 days after the evaluation is completed.

      5.  If an agency which provides child welfare services investigates a report of alleged abuse or neglect of a child pursuant to NRS 432B.010 to 432B.400, inclusive, the agency shall inform the person responsible for the child’s welfare who is named in the report as allegedly causing the abuse or neglect of the child of any allegation which is made against the person at the initial time of contact with the person by the agency. The agency shall not identify the person responsible for reporting the alleged abuse or neglect.

      6.  Except as otherwise provided in this subsection, if the agency determines that an investigation is not warranted, the agency may, as appropriate:

      (a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person who has entered into an agreement with the agency to provide those services; or

      (b) Conduct an assessment of the family of the child to determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person who has entered into a written agreement with the agency to make such an assessment.

      7.  If an agency which provides child welfare services enters into an agreement with a person to provide services to a child or the family of the child pursuant to subsection 6, the agency shall require the person to notify the agency if the child or the family refuses or fails to participate in the services, or if the person determines that there is a serious risk to the health or safety of the child.

      8.  If an agency which provides child welfare services determines pursuant to subsection 3 that an investigation is not warranted, the agency may, at any time, reverse that determination and initiate an investigation.

      9.  An agency which provides child welfare services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.

      (Added to NRS by 1985, 1373; A 1989, 440; 1997, 2472; 1999, 2910; 2001, 1840, 1850; 2001 Special Session, 39; 2003, 236; 2005, 2034, 2095; 2007, 1505; 2013, 1088, 2877)

      NRS 432B.270  Interview of child and sibling of child concerning possible abuse or neglect; photographs, X rays and medical tests.

      1.  A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of and outside the presence of any person responsible for the child’s welfare, interview a child and any sibling of the child, if an interview is deemed appropriate by the designee, concerning any possible abuse or neglect. The child and any sibling of the child may be interviewed, if an interview is deemed appropriate by the designee, at any place where the child or any sibling of the child is found. A designee who conducts an interview pursuant to this subsection must be trained adequately to interview children. The designee shall, immediately after the conclusion of the interview, if reasonably possible, notify a person responsible for the child’s welfare that the child or sibling was interviewed, unless the designee determines that such notification would endanger the child or sibling.

      2.  A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of the person responsible for a child’s welfare:

      (a) Take or cause to be taken photographs of the child’s body, including the areas of trauma; and

      (b) If indicated after consultation with a physician, cause X rays or medical tests to be performed on a child.

      3.  Upon the taking of any photographs or X rays or the performance of any medical tests pursuant to subsection 2, the person responsible for the child’s welfare must be notified immediately, if reasonably possible, unless the designee determines that the notification would endanger the child. The reasonable cost of these photographs, X rays or medical tests must be paid by the agency which provides child welfare services if money is not otherwise available.

      4.  Any photographs or X rays taken or records of any medical tests performed pursuant to subsection 2, or any medical records relating to the examination or treatment of a child pursuant to this section, or copies thereof, must be sent to the agency which provides child welfare services, the law enforcement agency participating in the investigation of the report and the prosecuting attorney’s office. Each photograph, X ray, result of a medical test or other medical record:

      (a) Must be accompanied by a statement or certificate signed by the custodian of medical records of the health care facility where the photograph or X ray was taken or the treatment, examination or medical test was performed, indicating:

             (1) The name of the child;

             (2) The name and address of the person who took the photograph or X ray, performed the medical test, or examined or treated the child; and

             (3) The date on which the photograph or X ray was taken or the treatment, examination or medical test was performed;

      (b) Is admissible in any proceeding relating to the abuse or neglect of the child; and

      (c) May be given to the child’s parent or guardian if the parent or guardian pays the cost of duplicating them.

      5.  As used in this section, “medical test” means any test performed by or caused to be performed by a provider of health care, including, without limitation, a computerized axial tomography scan and magnetic resonance imaging.

      (Added to NRS by 1985, 1373; A 1999, 61; 2001 Special Session, 39; 2007, 1506)

      NRS 432B.280  Confidentiality of information maintained by an agency which provides child welfare services; exceptions; penalty.

      1.  Except as otherwise provided in NRS 239.0115, 432B.165, 432B.175 and 439.538 and except as otherwise authorized or required pursuant to NRS 432B.290, information maintained by an agency which provides child welfare services, including, without limitation, reports and investigations made pursuant to this chapter, is confidential.

      2.  Any person, law enforcement agency or public agency, institution or facility who willfully releases or disseminates such information, except:

      (a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child;

      (b) As otherwise authorized pursuant to NRS 432B.165 and 432B.175;

      (c) As otherwise authorized or required pursuant to NRS 432B.290;

      (d) As otherwise authorized or required pursuant to NRS 439.538; or

      (e) As otherwise required pursuant to NRS 432B.513,

Ê is guilty of a gross misdemeanor.

      (Added to NRS by 1985, 1373; A 1999, 2032; 2001, 1701; 2007, 195, 1507, 1980, 2106; 2013, 525)

      NRS 432B.290  Maintenance of information by agency which provides child welfare services; authorized release of such information; penalty; fee for release of information; rules, policies or regulations.

      1.  Information maintained by an agency which provides child welfare services must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.

      2.  Except as otherwise provided in this section and NRS 432B.165, 432B.175 and 432B.513, information maintained by an agency which provides child welfare services may, at the discretion of the agency which provides child welfare services, be made available only to:

      (a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected;

      (b) A person authorized to place a child in protective custody, if the person has before him or her a child who the person has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;

      (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

             (1) The child; or

             (2) The person responsible for the welfare of the child;

      (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

      (e) Except as otherwise provided in paragraph (f), a court other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

      (f) A court as defined in NRS 159.015 to determine whether a guardian or successor guardian of a child should be appointed pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive;

      (g) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;

      (h) The attorney and the guardian ad litem of the child, if the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (i) A person who files or intends to file a petition for the appointment of a guardian or successor guardian of a child pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (j) The proposed guardian or proposed successor guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (k) A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business;

      (l) A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

      (m) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;

      (n) A team organized pursuant to NRS 432B.350 for the protection of a child;

      (o) A team organized pursuant to NRS 432B.405 to review the death of a child;

      (p) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, including, without limitation, the parent or guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning that parent or guardian;

      (q) The child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if:

             (1) The child is 14 years of age or older; and

             (2) The identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (r) The persons or agent of the persons who are the subject of a report, if the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning those persons;

      (s) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

      (t) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:

             (1) The identity of the person making the report is kept confidential; and

             (2) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have committed the abuse or neglect;

      (u) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

      (v) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency;

      (w) The Rural Advisory Board to Expedite Proceedings for the Placement of Children created pursuant to NRS 432B.602 or a local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604;

      (x) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services;

      (y) An employer in accordance with subsection 3 of NRS 432.100;

      (z) A team organized or sponsored pursuant to NRS 217.475 or 228.495 to review the death of the victim of a crime that constitutes domestic violence; or

      (aa) The Committee to Review Suicide Fatalities created by NRS 439.5104.

      3.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

      (a) A copy of:

             (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

             (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

      (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect or any collateral sources and reporting parties.

      4.  Except as otherwise provided by subsection 6, before releasing any information maintained by an agency which provides child welfare services pursuant to this section, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who reports child abuse or neglect and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged abuse or neglect of a child or the life or safety of any person.

      5.  The provisions of this section must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.

      6.  A person who is the subject of an unsubstantiated report of child abuse or neglect made pursuant to this chapter and who believes that the report was made in bad faith or with malicious intent may petition a district court to order the agency which provides child welfare services to release information maintained by the agency which provides child welfare services. The petition must specifically set forth the reasons supporting the belief that the report was made in bad faith or with malicious intent. The petitioner shall provide notice to the agency which provides child welfare services so that the agency may participate in the action through its counsel. The district court shall review the information which the petitioner requests to be released and the petitioner shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report was made in bad faith or with malicious intent and that the disclosure of the identity of the person who made the report would not be likely to endanger the life or safety of the person who made the report, the court shall provide a copy of the information to the petitioner and the original information is subject to discovery in a subsequent civil action regarding the making of the report.

      7.  If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law.

      8.  Pursuant to this section, a person may authorize the release of information maintained by an agency which provides child welfare services about himself or herself, but may not waive the confidentiality of such information concerning any other person.

      9.  An agency which provides child welfare services may provide a summary of the outcome of an investigation of the alleged abuse or neglect of a child to the person who reported the suspected abuse or neglect.

      10.  Any person, except for:

      (a) A district attorney or other law enforcement officer initiating legal proceedings; or

      (b) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151,

Ê who is provided with information maintained by an agency which provides child welfare services and further disseminates this information, or who makes this information public, is guilty of a gross misdemeanor.

      11.  An agency which provides child welfare services may charge a fee for processing costs reasonably necessary to prepare information maintained by the agency which provides child welfare services for release pursuant to this section.

      12.  An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of this section.

      (Added to NRS by 1985, 1374; A 1993, 2706; 1997, 835, 849, 2473, 2476; 1999, 559, 561, 1193, 2033, 2035, 2043, 3529, 3531; 2001, 269, 1701, 1841, 2612; 2001 Special Session, 40; 2003, 236, 251; 2005, 2035; 2007, 195; 2011, 737, 861; 2013, 369, 525)

      NRS 432B.300  Determinations to be made from investigation of report.  If an agency which provides child welfare services determines that an investigation of a report concerning the possible abuse or neglect of a child is warranted pursuant to NRS 432B.260, the agency shall determine, without limitation:

      1.  The composition of the family, household or facility, including the name, address, age, sex and race of each child named in the report, any siblings or other children in the same place or under the care of the same person, the persons responsible for the children’s welfare and any other adult living or working in the same household or facility;

      2.  Whether there is reasonable cause to believe any child is abused or neglected or threatened with abuse or neglect, the nature and extent of existing or previous injuries, abuse or neglect and any evidence thereof, and the person apparently responsible;

      3.  Whether there is reasonable cause to believe that a child has suffered a fatality as a result of abuse or neglect regardless of whether or not there are any siblings of the child or other children who are residing in the same household as the child who is believed to have suffered a fatality as a result of abuse or neglect;

      4.  If there is reasonable cause to believe that a child is abused or neglected, the immediate and long-term risk to the child if the child remains in the same environment;

      5.  The treatment and services which appear necessary to help prevent further abuse or neglect and to improve the environment of the child and the ability of the person responsible for the child’s welfare to care adequately for the child; and

      6.  Whether the report concerning the possible abuse or neglect of a child is substantiated or unsubstantiated.

      (Added to NRS by 1985, 1375; A 1997, 2475; 2001, 1850; 2001 Special Session, 42; 2003, 236; 2007, 1507; 2013, 2878)

      NRS 432B.310  Report to Central Registry of abuse or neglect required upon completion of investigation; report to Central Registry of prenatal illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure only required if child has been abused or neglected after child was born.

      1.  Except as otherwise provided in subsection 6 of NRS 432B.260, the agency investigating a report of abuse or neglect of a child shall, upon completing the investigation, report to the Central Registry:

      (a) Identifying and demographic information on the child alleged to be abused or neglected, the parents of the child, any other person responsible for the welfare of the child and the person allegedly responsible for the abuse or neglect;

      (b) The facts of the alleged abuse or neglect, including the date and type of alleged abuse or neglect, the manner in which the abuse was inflicted, the severity of the injuries and, if applicable, any information concerning the death of the child; and

      (c) The disposition of the case.

      2.  An agency which provides child welfare services shall not report to the Central Registry any information concerning a child identified as being affected by prenatal illegal substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure unless the agency determines that a person has abused or neglected the child after the child was born.

      (Added to NRS by 1985, 1375; A 1999, 2912; 2001, 212, 1850; 2005, 2037, 2096; 2007, 1508; 2013, 2879)

      NRS 432B.315  Written notification of substantiated report to person responsible for child’s welfare.  If an agency which provides child welfare services determines pursuant to NRS 432B.300 that a report made pursuant to NRS 432B.220 is substantiated, the agency shall provide written notification to the person responsible for the child’s welfare who is named in the report as allegedly causing the abuse or neglect of the child which includes statements indicating that:

      1.  The report which was made against the person has been substantiated and the agency which provides child welfare services intends to place the person’s name in the Central Registry pursuant to NRS 432B.310; and

      2.  The person may request an administrative appeal of the substantiation of the report and the agency’s intention to place the person’s name in the Central Registry by submitting a written request to the agency which provides child welfare services within the time required pursuant to NRS 432B.317.

      (Added to NRS by 2013, 2875)

      NRS 432B.317  Administrative appeal of substantiated report; hearing.

      1.  A person to whom a written notification is sent pursuant to NRS 432B.315 may request an administrative appeal of the substantiation of the report and the agency’s intention to place the person’s name in the Central Registry by submitting a written request to the agency which provides child welfare services within 15 days after the date on which the agency sent the written notification as required pursuant to NRS 432B.315.

      2.  Except as otherwise provided in subsection 3, if an agency which provides child welfare services receives a request for an administrative appeal within 15 days after the agency sent the written notification pursuant to subsection 1, a hearing before a hearing officer must be held in accordance with chapter 233B of NRS.

      3.  An administrative appeal is stayed upon the receipt of written notification to the agency which provides child welfare services of a pending adjudicatory hearing pursuant to NRS 432B.530 which arose out of the same incident as the incident upon which the report made pursuant to NRS 432B.220 was premised. The stay of the administrative appeal is lifted when:

      (a) A final determination is made in the adjudicatory hearing; or

      (b) The adjudicatory hearing is dismissed or terminated if the adjudicatory hearing does not result in a final determination being made.

      4.  If a request for an administrative appeal is not submitted pursuant to subsection 1, the agency which provides child welfare services shall place the person’s name in the Central Registry pursuant to NRS 432B.310.

      5.  If the hearing officer in a hearing that is held pursuant to this section:

      (a) Affirms the substantiation of the report, the agency which provides child welfare services shall place the person’s name in the Central Registry pursuant to NRS 432B.310; or

      (b) Rejects the substantiation of the report, the agency which provides child welfare services shall not place the person’s name in the Central Registry pursuant to NRS 432B.310.

      6.  A conclusive presumption that the substantiation of the report will be affirmed and the person’s name will be placed in the Central Registry pursuant to NRS 432B.310 is established if there is a final determination in an adjudicatory hearing that the child was in need of protection.

      7.  The decision of a hearing officer in a hearing that is held pursuant to this section is a final decision for the purposes of judicial review.

      8.  As used in this section, “final determination in an adjudicatory hearing” means a finding made by a court pursuant to subsection 5 of NRS 432B.530 as to whether a child was in need of protection at the time of the removal of the child from the home that is based on the child being subjected to abuse or neglect by the person to whom a written notice was sent pursuant to NRS 432B.315.

      (Added to NRS by 2013, 2876)

      NRS 432B.320  Waiver of full investigation of report.

      1.  An agency which provides child welfare services may waive a full investigation of a report of abuse or neglect of a child made by another agency or a person if, after assessing the circumstances, it is satisfied that:

      (a) The person or other agency who made the report can provide services to meet the needs of the child and the family, and this person or agency agrees to do so; and

      (b) The person or other agency agrees in writing to report periodically on the child and to report immediately any threat or harm to the child’s welfare.

      2.  The agency which provides child welfare services shall supervise for a reasonable period the services provided by the person or other agency pursuant to subsection 1.

      (Added to NRS by 1985, 1375; A 2001 Special Session, 42)

PROTECTIVE SERVICES AND CUSTODY

      NRS 432B.325  County whose population is 100,000 or more to provide child protective services in county; county whose population is less than 100,000 to provide such services in certain circumstances.

      1.  Each county whose population is 100,000 or more shall provide child protective services in that county and pay the cost of those services. The services must be provided in accordance with the standards adopted pursuant to NRS 432B.190.

      2.  A county whose population is less than 100,000 that receives approval to carry out child protective services for the county and an exemption from the assessment imposed pursuant to NRS 432B.326 shall:

      (a) Provide child protective services in that county and pay the cost of those services.

      (b) Provide the services in accordance with the standards adopted pursuant to NRS 432B.190.

      3.  A county whose population is less than 100,000 that carries out child protective services for the county shall be deemed to be the agency which provides child welfare services for the purposes of any provisions of this chapter relating to child protective services and any regulations adopted pursuant thereto.

      (Added to NRS by 1987, 1439; A 2011, 2524)

      NRS 432B.326  Payment of assessment for provision of child protective services by county whose population is less than 100,000; exemption.

      1.  Unless an exemption is approved pursuant to subsection 4, each county whose population is less than 100,000 shall pay an assessment each fiscal year to the Division of Child and Family Services in an amount which does not exceed the amount authorized by the Legislature for the provision of child protective services by the Division in the county during that year.

      2.  The Division shall provide each county whose population is less than 100,000, on or before May 1 of each year, with an estimate of the amount of the assessment. The estimate becomes the amount of the assessment unless the county is notified of a change within 2 weeks after the date on which the county contribution is approved by the Legislature. The county shall pay the assessment:

      (a) In full within 30 days after the amount of the assessment becomes final; or

      (b) In equal quarterly installments on or before the first day of July, October, January and April, respectively.

      3.  Money paid by a county pursuant to this section must be deposited by the Division with the State Treasurer, and the Division shall expend the money in accordance with the approved budget of the Division.

      4.  A county whose population is less than 100,000 may submit a proposal to the Governor for the county to carry out child protective services for the county. If the Governor approves the proposal, the Governor must submit a recommendation to the Interim Finance Committee to exempt the county from the assessment required pursuant to subsection 1. The Interim Finance Committee, upon receiving the recommendation from the Governor, shall consider the proposal and determine whether to approve the exemption. In considering whether to approve the exemption, the Interim Finance Committee shall consider, among other things, the best interests of the State, the effect of the exemption and the intent of the Legislature in requiring the assessment to be paid by the county.

      (Added to NRS by 2011, 2523)

      NRS 432B.327  Division of Child and Family Services to submit certain reports concerning budgets for child protective services to Governor, certain counties and Legislative Commission.  The Division of Child and Family Services shall submit:

      1.  A report on or before December 1 of each year to the Governor and to each county whose population is less than 100,000 that contains a statement of:

      (a) The total number of children who received child protective services in each county in the immediately preceding fiscal year; and

      (b) The amount and categories of the expenditures made by the Division on child protective services in each county in the immediately preceding fiscal year;

      2.  To each county whose population is less than 100,000, on or before December 1 of each even-numbered year, the total proposed budget of the Division for that county for the next succeeding biennium, including the projected number of children who will receive child protective services and the projected costs of child protective services attributed to the county; and

      3.  Such reports to the Legislative Commission as required by the Commission.

      (Added to NRS by 2011, 2522)

      NRS 432B.330  Circumstances under which child is or may be in need of protection.

      1.  A child is in need of protection if:

      (a) The child has been abandoned by a person responsible for the welfare of the child;

      (b) The child has been subjected to abuse or neglect by a person responsible for the welfare of the child;

      (c) The child is in the care of a person responsible for the welfare of the child and another child has died as a result of abuse or neglect by that person;

      (d) The child has been placed for care or adoption in violation of law; or

      (e) The child has been delivered to a provider of emergency services pursuant to NRS 432B.630.

      2.  A child may be in need of protection if the person responsible for the welfare of the child:

      (a) Is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity;

      (b) Fails, although the person is financially able to do so or has been offered financial or other means to do so, to provide for the following needs of the child:

             (1) Food, clothing or shelter necessary for the child’s health or safety;

             (2) Education as required by law; or

             (3) Adequate medical care; or

      (c) Has been responsible for the abuse or neglect of a child who has resided with that person.

      3.  A child may be in need of protection if the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.

      4.  A child may be in need of protection if the child is identified as being affected by prenatal illegal substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure.

      (Added to NRS by 1985, 1371; A 1991, 52; 1999, 830; 2001, 1256; 2005, 2038)

      NRS 432B.340  Determination that child needs protection but is not in imminent danger.

      1.  If the agency which provides child welfare services determines that a child needs protection, but is not in imminent danger from abuse or neglect, it may:

      (a) Offer to the parents or guardian a plan for services and inform the parents or guardian that the agency has no legal authority to compel the parents or guardian to accept the plan but that it has the authority to petition the court pursuant to NRS 432B.490 or to refer the case to the district attorney or a law enforcement agency; or

      (b) File a petition pursuant to NRS 432B.490 and, if a child is adjudicated in need of protection, request that the child be removed from the custody of the parents or guardian or that the child remain at home with or without the supervision of the court or of any person or agency designated by the court.

      2.  If the parent or guardian accepts the conditions of the plan offered by the agency pursuant to paragraph (a) of subsection 1, the agency may elect not to file a petition and may arrange for appropriate services, including medical care, care of the child during the day, management of the home or supervision of the child, the parents or guardian.

      (Added to NRS by 1985, 1376; A 2001 Special Session, 42)

      NRS 432B.350  Teams for protection of child.  An agency which provides child welfare services may organize one or more teams for protection of a child to assist the agency in the evaluation and investigation of reports of abuse or neglect of a child, diagnosis and treatment of abuse or neglect and the coordination of responsibilities. Members of the team serve at the invitation of the agency and must include representatives of other organizations concerned with education, law enforcement or physical or mental health.

      (Added to NRS by 1985, 1376; A 2001 Special Session, 43)

      NRS 432B.360  Voluntary placement of child with agency or institution; regulations.

      1.  A parent or guardian of a child who is in need of protection may place the child with a public agency authorized to care for children or a private institution or agency licensed by the Department of Health and Human Services or a county whose population is 100,000 or more to care for such children if:

      (a) Efforts to keep the child in his or her own home have failed; and

      (b) The parents or guardian and the agency or institution voluntarily sign a written agreement for placement of the child which sets forth the rights and responsibilities of each of the parties to the agreement.

      2.  If a child is placed with an agency or institution pursuant to subsection 1, the parent or guardian shall:

      (a) If able, contribute to the support of the child during the temporary placement;

      (b) Inform the agency or institution of any change in the address or circumstances of the parent or guardian; and

      (c) Meet with a representative of the agency or institution and participate in developing and carrying out a plan for the possible return of the child to the custody of the parent or guardian, the placement of the child with a relative or the eventual adoption of the child.

      3.  A parent or guardian who voluntarily agrees to place a child with an agency or institution pursuant to subsection 1 is entitled to have the child returned to the physical custody of the parent or guardian within 48 hours of a written request to that agency or institution. If that agency or institution determines that it would be detrimental to the best interests of the child to return the child to the custody of the parent or guardian, it shall cause a petition to be filed pursuant to NRS 432B.490.

      4.  If the child has remained in temporary placement for 6 consecutive months, the agency or institution shall:

      (a) Immediately return the child to the physical custody of the parent or guardian; or

      (b) Cause a petition to be filed pursuant to NRS 432B.490.

      5.  The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section.

      (Added to NRS by 1985, 1376; A 1993, 2707; 2001 Special Session, 43)

      NRS 432B.370  Determination that child is not in need of protection.  If an agency which provides child welfare services determines that there is no reasonable cause to believe that a child is in need of protection, it shall proceed no further in that matter.

      (Added to NRS by 1985, 1377; A 2001 Special Session, 44)

      NRS 432B.380  Referral of case to district attorney for criminal prosecution; recommendation to file petition.  If the agency which provides child welfare services determines that further action is necessary to protect a child who is in need of protection, as well as any other child under the same care who may be in need of protection, it may refer the case to the district attorney for criminal prosecution and may recommend the filing of a petition pursuant to NRS 432B.490.

      (Added to NRS by 1985, 1377; A 2001 Special Session, 44)

      NRS 432B.390  Placement of child in protective custody.

      1.  An agent or officer of a law enforcement agency, an officer of the local juvenile probation department or the local department of juvenile services, or a designee of an agency which provides child welfare services:

      (a) May place a child in protective custody without the consent of the person responsible for the child’s welfare if the agent, officer or designee has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect.

      (b) Shall place a child in protective custody upon the death of a parent of the child, without the consent of the person responsible for the welfare of the child, if the agent, officer or designee has reasonable cause to believe that the death of the parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.

      2.  When an agency which provides child welfare services receives a report pursuant to subsection 2 of NRS 432B.630, a designee of the agency which provides child welfare services shall immediately place the child in protective custody.

      3.  If there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, a protective custody hearing must be held pursuant to NRS 432B.470, whether the child was placed in protective custody or with a relative. If an agency other than an agency which provides child welfare services becomes aware that there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, that agency shall immediately notify the agency which provides child welfare services and a protective custody hearing must be scheduled.

      4.  An agency which provides child welfare services shall request the assistance of a law enforcement agency in the removal of a child if the agency has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.

      5.  Before taking a child for placement in protective custody, the person taking the child shall show his or her identification to any person who is responsible for the child and is present at the time the child is taken. If a person who is responsible for the child is not present at the time the child is taken, the person taking the child shall show his or her identification to any other person upon request. The identification required by this subsection must be a single card that contains a photograph of the person taking the child and identifies the person as a person authorized pursuant to this section to place a child in protective custody.

      6.  A child placed in protective custody pending an investigation and a hearing held pursuant to NRS 432B.470 must be placed, except as otherwise provided in NRS 432B.3905, in the following order of priority:

      (a) In a hospital, if the child needs hospitalization.

      (b) With a person who is related within the fifth degree of consanguinity or a fictive kin, and who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State.

      (c) In a foster home that is licensed pursuant to chapter 424 of NRS.

      (d) In any other licensed shelter that provides care to such children.

      7.  Whenever possible, a child placed pursuant to subsection 6 must be placed together with any siblings of the child. Such a child must not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.

      8.  A person placing a child in protective custody pursuant to subsection 1 shall:

      (a) Immediately take steps to protect all other children remaining in the home or facility, if necessary;

      (b) Immediately make a reasonable effort to inform the person responsible for the child’s welfare that the child has been placed in protective custody; and

      (c) As soon as practicable, inform the agency which provides child welfare services and the appropriate law enforcement agency, except that if the placement violates the provisions of NRS 432B.3905, the person shall immediately provide such notification.

      9.  If a child is placed with any person who resides outside this State, the placement must be in accordance with NRS 127.330.

      10.  As used in this section, “fictive kin” means a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child.

      (Added to NRS by 1985, 1377; A 1989, 268; 1991, 1182; 1993, 467; 1999, 830; 2001, 1257; 2001 Special Session, 44; 2007, 1004; 2009, 214; 2011, 253)

      NRS 432B.3905  Limitations on transfer and placement of child who is under 6 years of age; notice.

      1.  An employee of an agency which provides child welfare services or its designee, an agent or officer of a law enforcement agency, an officer of a local juvenile probation department or the local department of juvenile services or any other person who places a child in protective custody pursuant to this chapter:

      (a) Except as otherwise provided in subsection 2, shall not transfer a child who is under the age of 6 years to, or place such a child in, a child care institution unless appropriate foster care is not available at the time of placement in the county in which the child resides; and

      (b) Shall make all reasonable efforts to place siblings in the same location.

      2.  A child under the age of 6 years may be placed in a child care institution:

      (a) If the child requires medical services and such medical services could not be provided at any other placement; or

      (b) If necessary to avoid separating siblings.

      3.  If a child is transferred to or placed in a child care institution in violation of subsection 1, the agency which provides child welfare services that is responsible for the child shall immediately notify the Director of the Department of Health and Human Services and shall move the child to another placement as soon as possible.

      4.  Each agency which provides child welfare services shall develop and implement a written plan to ensure that the provisions of this section are understood and carried out.

      5.  As used in this section, “child care institution”:

      (a) Means any type of home or facility that:

             (1) Provides care and shelter during the day and night to 16 or more children who are in protective custody of an agency which provides child welfare services; or

             (2) Provides care and shelter during the day and night, through the use of caregivers who work in shifts, to children who are in protective custody of an agency which provides child welfare services.

      (b) Does not include a home or facility that provides medical services to children.

      (Added to NRS by 2007, 1003; A 2007, 1007; 2011, 1011; 2013, 1623)

      NRS 432B.391  Agency which provides child welfare services or designee authorized to conduct preliminary Federal Bureau of Investigation name-based check of background of certain adult residents of home in which child will be placed in emergency situation; person investigated to supply fingerprints; exchange of information; removal of child from home upon refusal to supply fingerprints.

      1.  An agency which provides child welfare services or its approved designee may, in accordance with the procedures set forth in 28 C.F.R. §§ 901 et. seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is 18 years of age or older of a home in which the agency which provides child welfare services wishes to place a child in an emergency situation, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, to determine whether the person investigated has been arrested for or convicted of any crime.

      2.  Upon request of an agency which provides child welfare services that wishes to place a child in a home in an emergency situation, or upon request of the approved designee of the agency which provides child welfare services, a resident who is 18 years of age or older of the home in which the agency which provides child welfare services wishes to place the child, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, must submit to the agency which provides child welfare services or its approved designee a complete set of fingerprints and written permission authorizing the agency which provides child welfare services or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The agency which provides child welfare services or its approved designee shall forward the fingerprints to the Central Repository for Nevada Records of Criminal History within the time set forth in federal law or regulation.

      3.  If a resident who is 18 years of age or older of a home in which an agency which provides child welfare services places a child in an emergency situation, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, refuses to provide a complete set of fingerprints to the agency which provides child welfare services or its approved designee upon request pursuant to subsection 2, the agency which provides child welfare services must immediately remove the child from the home.

      (Added to NRS by 2003, 649; A 2011, 254)

      NRS 432B.393  Preservation and reunification of family of child to prevent or eliminate need for removal from home before placement in foster care and to make safe return to home possible; when reasonable efforts are not required; determining whether reasonable efforts have been made.

      1.  Except as otherwise provided in this section, an agency which provides child welfare services shall make reasonable efforts to preserve and reunify the family of a child:

      (a) Before the placement of the child in foster care, to prevent or eliminate the need to remove the child from the home; and

      (b) To make it possible for the safe return of the child to the home.

      2.  In determining the reasonable efforts required by subsection 1, the health and safety of the child must be the paramount concern. The agency which provides child welfare services may make reasonable efforts to place the child for adoption or with a legal guardian concurrently with making the reasonable efforts required pursuant to subsection 1. If the court determines that continuation of the reasonable efforts required by subsection 1 is inconsistent with the plan for the permanent placement of the child, the agency which provides child welfare services shall make reasonable efforts to place the child in a timely manner in accordance with that plan and to complete whatever actions are necessary to finalize the permanent placement of the child.

      3.  An agency which provides child welfare services is not required to make the reasonable efforts required by subsection 1 if the court finds that:

      (a) A parent or other person responsible for the child’s welfare has:

             (1) Committed, aided or abetted in the commission of, or attempted, conspired or solicited to commit murder or voluntary manslaughter;

             (2) Caused the abuse or neglect of the child, or of another child of the parent or other person responsible for the child’s welfare, which resulted in substantial bodily harm to the abused or neglected child;

             (3) Caused the abuse or neglect of the child, a sibling of the child or another child in the household, and the abuse or neglect was so extreme or repetitious as to indicate that any plan to return the child to the home would result in an unacceptable risk to the health or welfare of the child; or

             (4) Abandoned the child for 60 or more days, and the identity of the parent of the child is unknown and cannot be ascertained through reasonable efforts;

      (b) A parent of the child has, for the previous 6 months, had the ability to contact or communicate with the child and made no more than token efforts to do so;

      (c) The parental rights of a parent to a sibling of the child have been terminated by a court order upon any basis other than the execution of a voluntary relinquishment of those rights by a natural parent, and the court order is not currently being appealed;

      (d) The child or a sibling of the child was previously removed from the home, adjudicated to have been abused or neglected, returned to the home and subsequently removed from the home as a result of additional abuse or neglect;

      (e) The child is less than 1 year of age, the father of the child is not married to the mother of the child and the father of the child:

             (1) Has failed within 60 days after learning of the birth of the child, to visit the child, to commence proceedings to establish his paternity of the child or to provide financial support for the child; or

             (2) Is entitled to seek custody of the child but fails to do so within 60 days after learning that the child was placed in foster care;

      (f) The child was delivered to a provider of emergency services pursuant to NRS 432B.630;

      (g) The child, a sibling of the child or another child in the household has been sexually abused or has been subjected to neglect by pervasive instances of failure to protect the child from sexual abuse; or

      (h) A parent of the child is required to register as a sex offender pursuant to the provisions of chapter 179D of NRS or the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006, 42 U.S.C. §§ 16901 et seq.

      4.  Except as otherwise provided in subsection 6, for the purposes of this section, unless the context otherwise requires, “reasonable efforts” have been made if an agency which provides child welfare services to children with legal custody of a child has exercised diligence and care in arranging appropriate, accessible and available services that are designed to improve the ability of a family to provide a safe and stable home for each child in the family, with the health and safety of the child as its paramount concerns. The exercise of such diligence and care includes, without limitation, obtaining necessary and appropriate information concerning the child for the purposes of NRS 127.152, 127.410 and 424.038.

      5.  In determining whether reasonable efforts have been made pursuant to subsection 4, the court shall:

      (a) Evaluate the evidence and make findings based on whether a reasonable person would conclude that reasonable efforts were made;

      (b) Consider any input from the child;

      (c) Consider the efforts made and the evidence presented since the previous finding of the court concerning reasonable efforts;

      (d) Consider the diligence and care that the agency is legally authorized and able to exercise;

      (e) Recognize and take into consideration the legal obligations of the agency to comply with any applicable laws and regulations;

      (f) Base its determination on the circumstances and facts concerning the particular family or plan for the permanent placement of the child at issue;

      (g) Consider whether any of the efforts made were contrary to the health and safety of the child;

      (h) Consider the efforts made, if any, to prevent the need to remove the child from the home and to finalize the plan for the permanent placement of the child;

      (i) Consider whether the provisions of subsection 6 are applicable; and

      (j) Consider any other matters the court deems relevant.

      6.  An agency which provides child welfare services may satisfy the requirement of making reasonable efforts pursuant to this section by taking no action concerning a child or making no effort to provide services to a child if it is reasonable, under the circumstances, to do so.

      7.  In determining whether reasonable efforts are not required pursuant to subsection 3 or whether reasonable efforts have been made pursuant to subsection 4, the court shall ensure that each determination is:

      (a) Made by the court on a case-by-case basis;

      (b) Based upon specific evidence; and

      (c) Expressly stated by the court in its order.

      (Added to NRS by 1999, 2031; A 2001, 1258, 1843; 2001 Special Session, 45; 2003, 236; 2013, 243)

      NRS 432B.396  Establishment of panel to evaluate extent to which agencies which provide child welfare services are effectively discharging their responsibilities; regulations; civil penalties.  The Division of Child and Family Services shall:

      1.  Establish a panel comprised of volunteer members to evaluate the extent to which agencies which provide child welfare services are effectively discharging their responsibilities for the protection of children.

      2.  Adopt regulations to carry out the provisions of subsection 1 which must include, without limitation, the imposition of appropriate restrictions on the disclosure of information obtained by the panel and civil sanctions for the violation of those restrictions. The civil sanctions may provide for the imposition in appropriate cases of a civil penalty of not more than $500. The Division may bring an action to recover any civil penalty imposed and shall deposit any money recovered with the State Treasurer for credit to the State General Fund.

      (Added to NRS by 1999, 2031; A 2001, 1845; 2001 Special Session, 46; 2003, 236)

      NRS 432B.397  Inquiry to determine whether child is Indian child; report to court; training regarding requirements of Indian Child Welfare Act.

      1.  The agency which provides child welfare services for a child that is taken into custody pursuant to this chapter shall make all necessary inquiries to determine whether the child is an Indian child. The agency shall report that determination to the court.

      2.  An agency which provides child welfare services pursuant to this chapter shall provide training for its personnel regarding the requirements of the Indian Child Welfare Act.

      (Added to NRS by 1995, 786; A 2001 Special Session, 46)

      NRS 432B.400  Temporary detention of child by physician or person in charge of hospital or similar institution.  A physician treating a child or a person in charge of a hospital or similar institution may hold a child for no more than 24 hours if there is reasonable cause to believe that the child has been abused or neglected or has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure and that the child is in danger of further harm if released. The physician or other person shall immediately notify a law enforcement agency or an agency which provides child welfare services that the physician or other person is holding the child.

      (Added to NRS by 1985, 1378; A 2001 Special Session, 47; 2005, 2038)

CHILD DEATH REVIEW TEAMS

      NRS 432B.403  Purpose of organizing child death review teams.  The purpose of organizing multidisciplinary teams to review the deaths of children pursuant to NRS 432B.403 to 432B.4095, inclusive, is to:

      1.  Review the records of selected cases of deaths of children under 18 years of age in this State;

      2.  Review the records of selected cases of deaths of children under 18 years of age who are residents of Nevada and who die in another state;

      3.  Assess and analyze such cases;

      4.  Make recommendations for improvements to laws, policies and practice;

      5.  Support the safety of children; and

      6.  Prevent future deaths of children.

      (Added to NRS by 2003, 863; A 2007, 1508)

      NRS 432B.405  Organization of child death review teams.

      1.  The director or other authorized representative of an agency which provides child welfare services:

      (a) May provisionally appoint and organize one or more multidisciplinary teams to review the death of a child;

      (b) Shall submit names to the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409 for review and approval of persons whom the director or other authorized representative recommends for appointment to a multidisciplinary team to review the death of a child; and

      (c) Shall organize one or more multidisciplinary teams to review the death of a child under any of the following circumstances:

             (1) Upon receiving a written request from an adult related to the child within the third degree of consanguinity, if the request is received by the agency within 1 year after the date of death of the child;

             (2) If the child dies while in the custody of or involved with an agency which provides child welfare services, or if the child’s family previously received services from such an agency;

             (3) If the death is alleged to be from abuse or neglect of the child;

             (4) If a sibling, household member or day care provider has been the subject of a child abuse and neglect investigation within the previous 12 months, including, without limitation, cases in which the report was unsubstantiated or the investigation is currently pending;

             (5) If the child was adopted through an agency which provides child welfare services; or

             (6) If the child died of Sudden Infant Death Syndrome.

      2.  A review conducted pursuant to subparagraph (2) of paragraph (c) of subsection 1 must occur within 3 months after the issuance of a certificate of death.

      (Added to NRS by 1993, 2051; A 2001 Special Session, 47; 2003, 864; 2007, 1508)

      NRS 432B.406  Composition of child death review teams.

      1.  A multidisciplinary team to review the death of a child that is organized by an agency which provides child welfare services pursuant to NRS 432B.405 must include, insofar as possible:

      (a) A representative of any law enforcement agency that is involved with the case under review;

      (b) Medical personnel;

      (c) A representative of the district attorney’s office in the county where the case is under review;

      (d) A representative of any school that is involved with the case under review;

      (e) A representative of any agency which provides child welfare services that is involved with the case under review; and

      (f) A representative of the coroner’s office.

      2.  A multidisciplinary team may include such other representatives of other organizations concerned with the death of the child as the agency which provides child welfare services deems appropriate for the review.

      (Added to NRS by 2003, 863)

      NRS 432B.407  Information available to child death review teams; sharing of certain information; subpoena to obtain information; confidentiality of information.

      1.  A multidisciplinary team to review the death of a child is entitled to access to:

      (a) All investigative information of law enforcement agencies regarding the death;

      (b) Any autopsy and coroner’s investigative records relating to the death;

      (c) Any medical or mental health records of the child; and

      (d) Any records of social and rehabilitative services or of any other social service agency which has provided services to the child or the child’s family.

      2.  Each organization represented on a multidisciplinary team to review the death of a child shall share with other members of the team information in its possession concerning the child who is the subject of the review, any siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.

      3.  A multidisciplinary team to review the death of a child may, if appropriate, meet and share information with a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475 or 228.495.

      4.  A multidisciplinary team to review the death of a child may petition the district court for the issuance of, and the district court may issue, a subpoena to compel the production of any books, records or papers relevant to the cause of any death being investigated by the team. Except as otherwise provided in NRS 239.0115, any books, records or papers received by the team pursuant to the subpoena shall be deemed confidential and privileged and not subject to disclosure.

      5.  A multidisciplinary team to review the death of a child may use data collected concerning the death of a child for the purpose of research or to prevent future deaths of children if the data is aggregated and does not allow for the identification of any person.

      6.  Except as otherwise provided in this section, information acquired by, and the records of, a multidisciplinary team to review the death of a child are confidential, must not be disclosed, and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.

      (Added to NRS by 2003, 863; A 2007, 2106; 2011, 739; 2013, 438)

      NRS 432B.4075  Authority of Administrator to organize multidisciplinary team to oversee review conducted by child death review team; access to information and privileges.

      1.  The Administrator of the Division of Child and Family Services may organize a multidisciplinary team to oversee any review of the death of a child conducted by a multidisciplinary team that is organized by an agency which provides child welfare services pursuant to NRS 432B.405.

      2.  A multidisciplinary team organized pursuant to subsection 1 is entitled to the same access and privileges granted to a multidisciplinary team to review the death of a child pursuant to NRS 432B.407.

      (Added to NRS by 2007, 1500)

      NRS 432B.408  Executive Committee to Review the Death of Children to review report of child death review team.

      1.  The report and recommendations of a multidisciplinary team to review the death of a child must be transmitted for review to the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409.

      2.  The Executive Committee shall review the report and recommendations and respond in writing to the multidisciplinary team within 90 days after receiving the report.

      (Added to NRS by 2003, 864; A 2013, 438)

      NRS 432B.409  Establishment, composition and duties of Executive Committee to Review the Death of Children; creation of and use of money in Review of Death of Children Account.

      1.  The Administrator of the Division of Child and Family Services shall establish an Executive Committee to Review the Death of Children, consisting of:

      (a) Representatives from multidisciplinary teams formed pursuant to paragraph (a) of subsection 1 of NRS 432B.405 and NRS 432B.406, vital statistics, law enforcement, public health and the Office of the Attorney General.

      (b) Administrators of agencies which provide child welfare services, and agencies responsible for mental health and public safety, to the extent that such administrators are not already appointed pursuant to paragraph (a). Members of the Executive Committee who are appointed pursuant to this paragraph shall serve as nonvoting members.

      2.  The Executive Committee shall:

      (a) Adopt statewide protocols for the review of the death of a child;

      (b) Adopt regulations to carry out the provisions of NRS 432B.403 to 432B.4095, inclusive;

      (c) Adopt bylaws to govern the management and operation of the Executive Committee;

      (d) Appoint one or more multidisciplinary teams to review the death of a child from the names submitted to the Executive Committee pursuant to paragraph (b) of subsection 1 of NRS 432B.405;

      (e) Oversee training and development of multidisciplinary teams to review the death of children;

      (f) Compile and distribute a statewide annual report, including statistics and recommendations for regulatory and policy changes; and

      (g) Carry out the duties specified in NRS 432B.408.

      3.  The Review of Death of Children Account is hereby created in the State General Fund. The Executive Committee may use money in the Account to carry out the provisions of NRS 432B.403 to 432B.4095, inclusive.

      (Added to NRS by 2003, 864; A 2007, 1509; 2013, 439)

      NRS 432B.4095  Civil penalty for disclosure of confidential information; authority to bring action; deposit of money.

      1.  Each member of a multidisciplinary team organized pursuant to NRS 432B.405, a multidisciplinary team organized pursuant to NRS 432B.4075 or the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409 who discloses any confidential information concerning the death of a child is personally liable for a civil penalty of not more than $500.

      2.  The Administrator of the Division of Child and Family Services:

      (a) May bring an action to recover a civil penalty imposed pursuant to subsection 1 against a member of a multidisciplinary team organized pursuant to NRS 432B.4075 or the Executive Committee; and

      (b) Shall deposit any money received from the civil penalty with the State Treasurer for credit to the State General Fund.

      3.  Each director or other authorized representative of an agency which provides child welfare services that organized a multidisciplinary team pursuant to NRS 432B.405:

      (a) May bring an action to recover a civil penalty pursuant to subsection 1 against a member of the multidisciplinary team; and

      (b) Shall deposit any money received from the civil penalty in the appropriate county treasury.

      (Added to NRS by 2007, 1500; A 2013, 439)

CIVIL PROCEEDINGS

General Provisions

      NRS 432B.410  Exclusive original jurisdiction; action does not preclude prosecution.

      1.  Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act, the court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is a child in need of protection or may be a child in need of protection.

      2.  Action taken by the court because of the abuse or neglect of a child does not preclude the prosecution and conviction of any person for violation of NRS 200.508 based on the same facts.

      (Added to NRS by 1985, 1379; A 1991, 2186; 1995, 787)

      NRS 432B.420  Right of parent or other responsible person to representation by attorney; authority of court to appoint attorney to represent child; authority and rights of child’s attorney; compensation of attorney; appointment of attorney as guardian ad litem.

      1.  A parent or other person responsible for the welfare of a child who is alleged to have abused or neglected the child may be represented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590, inclusive. Except as otherwise provided in subsection 2, if the person is indigent, the court may appoint an attorney to represent the person. The court may, if it finds it appropriate, appoint an attorney to represent the child. The child may be represented by an attorney at all stages of any proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive. If the child is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.

      2.  If the court determines that the parent of an Indian child for whom protective custody is sought is indigent, the court:

      (a) Shall appoint an attorney to represent the parent;

      (b) May appoint an attorney to represent the Indian child; and

      (c) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,

Ê as provided in the Indian Child Welfare Act.

      3.  Each attorney, other than a public defender, if appointed under the provisions of subsection 1, is entitled to the same compensation and payment for expenses from the county as provided in NRS 7.125 and 7.135 for an attorney appointed to represent a person charged with a crime. Except as otherwise provided in NRS 432B.500, an attorney appointed to represent a child may also be appointed as guardian ad litem for the child. An attorney may not receive any compensation for services as a guardian ad litem.

      (Added to NRS by 1985, 1379; A 1987, 1308; 1995, 787; 1999, 2037; 2001, 1703; 2003, 590)

      NRS 432B.425  Notification of tribe if proceedings involve Indian child; transfer of proceedings to Indian child’s tribe; exercise of jurisdiction by court.  If proceedings pursuant to this chapter involve the protection of an Indian child, the court shall:

      1.  Cause the Indian child’s tribe to be notified in writing at the beginning of the proceedings in the manner provided in the Indian Child Welfare Act. If the Indian child is eligible for membership in more than one tribe, each tribe must be notified.

      2.  Transfer the proceedings to the Indian child’s tribe in accordance with the Indian Child Welfare Act.

      3.  If a tribe declines or is unable to exercise jurisdiction, exercise its jurisdiction as provided in the Indian Child Welfare Act.

      (Added to NRS by 1995, 786; A 2003, 1149)

      NRS 432B.430  Restriction on admission of persons to proceedings.

      1.  Except as otherwise provided in subsections 3 and 4 and NRS 432B.457, in each judicial district that includes a county whose population is 700,000 or more:

      (a) Any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, other than a hearing held pursuant to subsections 1 to 4, inclusive, of NRS 432B.530 or a hearing held pursuant to subsection 5 of NRS 432B.530 when the court proceeds immediately, must be open to the general public unless the judge or master, upon his or her own motion or upon the motion of another person, determines that all or part of the proceeding must be closed to the general public because such closure is in the best interests of the child who is the subject of the proceeding. In determining whether closing all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master must consider and give due weight to the desires of that child.

      (b) If the judge or master determines pursuant to paragraph (a) that all or part of a proceeding must be closed to the general public:

             (1) The judge or master must make specific findings of fact to support such a determination; and

             (2) The general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.

      (c) Any proceeding held pursuant to subsections 1 to 4, inclusive, of NRS 432B.530 and any proceeding held pursuant to subsection 5 of NRS 432B.530 when the court proceeds immediately must be closed to the general public unless the judge or master, upon his or her own motion or upon the motion of another person, determines that all or part of the proceeding must be open to the general public because opening the proceeding in such a manner is in the best interests of the child who is the subject of the proceeding. In determining whether opening all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master must consider and give due weight to the desires of that child. If the judge or master determines pursuant to this paragraph that all or part of a proceeding must be open to the general public, the judge or master must make specific findings of fact to support such a determination. Unless the judge or master determines pursuant to this paragraph that all or part of a proceeding described in this paragraph must be open to the general public, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.

      2.  Except as otherwise provided in subsections 3 and 4 and NRS 432B.457, in each judicial district that includes a county whose population is less than 700,000:

      (a) Any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, must be closed to the general public unless the judge or master, upon his or her own motion or upon the motion of another person, determines that all or part of the proceeding must be open to the general public because opening the proceeding in such a manner is in the best interests of the child who is the subject of the proceeding. In determining whether opening all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master shall consider and give due weight to the desires of that child.

      (b) If the judge or master determines pursuant to paragraph (a) that all or part of a proceeding must be open to the general public, the judge or master must make specific findings of fact to support such a determination.

      (c) Unless the judge or master determines pursuant to paragraph (a) that all or part of a proceeding must be open to the general public, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.

      3.  Except as otherwise provided in subsection 4 and NRS 432B.457, in a proceeding held pursuant to NRS 432B.470, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.

      4.  In conducting a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, a judge or master shall keep information confidential to the extent necessary to obtain federal funds in the maximum amount available to this state.

      (Added to NRS by 1985, 1379; A 1997, 1345; 2003, 591, 3517; 2011, 1254, 2675)

      NRS 432B.435  Presentation of evidence of child’s previous sexual conduct prohibited; exception.  In any proceeding held pursuant to this chapter, a party may not present evidence of any previous sexual conduct of a child to challenge the child’s credibility as a witness unless the attorney for the child has first presented evidence or the child has testified concerning such conduct, or the absence of such conduct, on direct examination by the district attorney or the attorney for the child, in which case the scope of the cross-examination of the child or rebuttal must be limited to the evidence presented by the child’s attorney or the child.

      (Added to NRS by 2013, 409)

      NRS 432B.440  Assistance by agency which provides child welfare services.  The agency which provides child welfare services shall assist the court during all stages of any proceeding in accordance with NRS 432B.410 to 432B.590, inclusive.

      (Added to NRS by 1985, 1385; A 2001, 1845; 2001 Special Session, 47; 2003, 236, 591; 2005, 2096)

      NRS 432B.450  Expert testimony raising presumption of need for protection of child.  In any civil proceeding had pursuant to NRS 432B.410 to 432B.590, inclusive, if there is expert testimony that a physical or mental injury of a child would ordinarily not be sustained or a condition not exist without either negligence or a deliberate but unreasonable act or failure to act by the person responsible for the welfare of the child, the court shall find that the child is in need of protection unless that testimony is rebutted.

      (Added to NRS by 1985, 1379; A 2003, 591)

      NRS 432B.451  Qualified expert witness required in proceeding to place Indian child in foster care.

      1.  Any proceeding to place an Indian child in foster care pursuant to this chapter must include the testimony of at least one qualified expert witness as provided in the Indian Child Welfare Act.

      2.  For the purposes of this section, “qualified expert witness” includes, without limitation:

      (a) An Indian person who has personal knowledge about the Indian child’s tribe and its customs related to raising a child and the organization of the family; and

      (b) A person who has:

             (1) Substantial experience and training regarding the customs of Indian tribes related to raising a child; and

             (2) Extensive knowledge of the social values and cultural influences of Indian tribes.

      (Added to NRS by 1995, 786)

      NRS 432B.455  Determination of appropriate person to take custody of child: Appointment and duties of special master.

      1.  If the court determines that a child must be kept in protective custody pursuant to NRS 432B.480 or must be placed in temporary or permanent custody pursuant to NRS 432B.550, the court may, before placing the child in the temporary or permanent custody of a person, order the appointment of a special master from among the members of the State Bar of Nevada to conduct a hearing to identify the person most qualified and suitable to take custody of the child in consideration of the needs of the child for temporary or permanent placement.

      2.  Not later than 5 calendar days after the hearing, the special master shall prepare and submit to the court a recommendation regarding which person is most qualified and suitable to take custody of the child.

      (Added to NRS by 1997, 1344)

      NRS 432B.457  Determination of appropriate person to take custody of child: Involvement in and notification of person with special interest in child; testimony by person with special interest in child.

      1.  If the court or a special master appointed pursuant to NRS 432B.455 finds that a person has a special interest in a child, the court or the special master shall:

      (a) Except for good cause, ensure that the person is involved in and notified of any plan for the temporary or permanent placement of the child and is allowed to offer recommendations regarding the plan; and

      (b) Allow the person to testify at any hearing held pursuant to this chapter to determine any temporary or permanent placement of the child.

      2.  For the purposes of this section, a person “has a special interest in a child” if:

      (a) The person is:

             (1) A parent or other relative of the child;

             (2) A foster parent or other provider of substitute care for the child;

             (3) A provider of care for the medical or mental health of the child; or

             (4) A teacher or other school official who works directly with the child; and

      (b) The person:

             (1) Has a personal interest in the well-being of the child; or

             (2) Possesses information that is relevant to the determination of the placement of the child.

      (Added to NRS by 1997, 1344; A 1999, 2038)

      NRS 432B.459  Provision of copy of sound recording or transcript of proceeding to parent or guardian; fees.

      1.  If a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, is recorded using sound recording equipment or is transcribed, the clerk of the court shall, upon request, provide to a parent or guardian of the child who is the subject of the proceeding and the attorney of the parent or guardian a copy of the sound recording or transcript of the proceeding if:

      (a) Such a copy is available or could be made available; and

      (b) The parent or guardian or the county in which the proceeding is held, as appropriate, pays the fee for the copy in accordance with subsection 2.

      2.  Each board of county commissioners shall adopt a sliding scale for determining the amount to be paid for a copy of a sound recording or transcript of a proceeding pursuant to subsection 1 for a proceeding that was held in a court in its county. The sliding scale must be based on the ability of the parent or guardian to pay. The court shall review each case and make a finding as to the reasonableness of the charge in relation to the ability of the parent or guardian to pay. To the extent that the court determines that a parent or guardian is unable to pay for a copy of the recording or transcript pursuant to subsection 1, the cost of providing the copy of the sound recording or transcript is a charge against the county in which the proceeding was held.

      (Added to NRS by 2001, 1700; A 2003, 591)

      NRS 432B.460  Courts not deprived of right to determine custody or guardianship.  This chapter does not deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in cases involving divorce or problems of domestic relations.

      (Added to NRS by 1985, 1385)

      NRS 432B.465  Full faith and credit to judicial proceedings of Indian tribe.  Each court in this state which exercises jurisdiction pursuant to this chapter in a case involving an Indian child shall give full faith and credit to the judicial proceedings of an Indian tribe to the same extent that the Indian tribe gives full faith and credit to the judicial proceedings of the courts of this state.

      (Added to NRS by 1995, 786)

      NRS 432B.4655  Joinder of governmental entity or other person to certain proceedings to enforce legal obligation of such entity or person.  A court may issue an order to join any governmental entity or other person as a party in any proceeding concerning the protection of the child to enforce a legal obligation of the entity or person to the child if, before issuing the order, the court provides notice and an opportunity to be heard to the governmental entity or person.

      (Added to NRS by 2005, 2093; A 2007, 100)

Permanent Placement With Guardian

      NRS 432B.466  Petition for appointment of guardian; notice.

      1.  If the plan adopted pursuant to NRS 432B.553 for the permanent placement of a child includes a request for the appointment of a guardian for the child pursuant to NRS 432B.4665 to 432B.468, inclusive, a governmental agency, a nonprofit corporation or any interested person, including, without limitation, the agency that adopted the plan may petition the court for the appointment of a guardian. The guardian may be appointed at a hearing conducted pursuant to NRS 432B.590 or at a separate hearing.

      2.  A petition for the appointment of a guardian pursuant to this section:

      (a) May not be filed before the court has determined that the child is in need of protection;

      (b) Must include the information required pursuant to NRS 159.044; and

      (c) Must include a statement explaining why the appointment of a guardian, rather than the adoption of the child or the return of the child to a parent, is in the best interests of the child.

      3.  In addition to the notice required pursuant to NRS 432B.590, a governmental agency, nonprofit corporation or interested person who files a petition for the appointment of a guardian must serve notice of the petition that includes a copy of the petition and the date, time and location of the hearing on the petition, by registered or certified mail or by personal service:

      (a) To all the persons entitled to notice of the hearing pursuant to NRS 432B.590, the parents of the child, any person or governmental agency having care, custody or control over the child, and, if the child is 14 years of age or older, the child; and

      (b) At least 20 days before the hearing on the petition.

      (Added to NRS by 2003, 588)

      NRS 432B.4665  Appointment of guardian; powers and duties of and limitations on guardian; effect of guardianship; length of guardianship.

      1.  The court may, upon the filing of a petition pursuant to NRS 432B.466, appoint a person as a guardian for a child if:

      (a) The court finds:

             (1) That the proposed guardian is suitable and is not disqualified from guardianship pursuant to NRS 159.059;

             (2) That the child has been in the custody of the proposed guardian for 6 months or more pursuant to a determination by a court that the child was in need of protection, unless the court waives this requirement for good cause shown;

             (3) Except as otherwise provided in subsection 3, that the proposed guardian has complied with the requirements of chapter 159 of NRS; and

             (4) That the burden of proof set forth in chapter 159 of NRS for the appointment of a guardian for a child has been satisfied;

      (b) The child consents to the guardianship, if the child is 14 years of age or older; and

      (c) The court determines that the requirements for filing a petition pursuant to NRS 432B.466 have been satisfied.

      2.  A guardianship established pursuant to this section:

      (a) Provides the guardian with the powers and duties provided in NRS 159.079, and subjects the guardian to the limitations set forth in NRS 159.0805;

      (b) Is subject to the provisions of NRS 159.065 to 159.076, inclusive, and 159.185 to 159.199, inclusive;

      (c) Provides the guardian with sole legal and physical custody of the child;

      (d) Does not result in the termination of parental rights of a parent of the child; and

      (e) Does not affect any rights of the child to inheritance, a succession or any services or benefits provided by the Federal Government, this state or an agency or political subdivision of this state.

      3.  The court may appoint as a guardian for a child pursuant to this section for not more than 6 months a person who does not satisfy the residency requirement set forth in subsection 5 of NRS 159.059 if the court determines that appointing such a person is necessary to facilitate the permanent placement of the child.

      (Added to NRS by 2003, 589)

      NRS 432B.467  Consideration of evidence in determining whether to appoint guardian; right of visitation to certain persons.

      1.  In determining whether to grant a petition for the appointment of a guardian filed pursuant to NRS 432B.466, the court may consider all relevant and material evidence that is admissible pursuant to this chapter, including, without limitation, any report submitted by a special advocate appointed as a guardian ad litem for the child pursuant to NRS 432B.500.

      2.  If a court appoints a guardian for a child pursuant to NRS 432B.4665, the court may order a reasonable right of visitation to any person whose right to custody or visitation of the child was terminated as a result of the appointment of the guardian if the court finds that the visitation is in the best interests of the child.

      (Added to NRS by 2003, 589)

      NRS 432B.4675  Effect of entry of final order establishing guardianship.  Upon the entry of a final order by the court establishing a guardianship pursuant to NRS 432B.4665:

      1.  The custody of the child by the agency which has legal custody of the child is terminated;

      2.  The proceedings concerning the child conducted pursuant to NRS 432B.410 to 432B.590, inclusive, terminate; and

      3.  Unless subsequently ordered by the court to assist the court, the following agencies and persons are excused from any responsibility to participate in the guardianship case:

      (a) The agency which has legal custody of the child;

      (b) Any counsel or guardian ad litem appointed by the court to assist in the proceedings conducted pursuant to NRS 432B.410 to 432B.590, inclusive; and

      (c) Any person nominated or appointed as the person who is legally responsible for the psychiatric care of the child pursuant to NRS 432B.4684 or 432B.4685, respectively.

      (Added to NRS by 2003, 590; A 2011, 2677)

      NRS 432B.468  Enforcement, modification and termination of guardianship; appointment of successor guardian.

      1.  The court shall retain jurisdiction to enforce, modify or terminate a guardianship established pursuant to NRS 432B.4665 until the child reaches 18 years of age.

      2.  Any person having a direct interest in a guardianship established pursuant to NRS 432B.4665 may move to enforce, modify or terminate an order concerning the guardianship.

      3.  The court shall issue an order directing the appropriate agency which provides child welfare services to file a report and make a recommendation in response to any motion to enforce, modify or terminate an order concerning a guardianship established pursuant to NRS 432B.4665. The agency must submit the report to the court within 45 days after receiving the order of the court.

      4.  Any motion to enforce, modify or terminate an order concerning a guardianship established pursuant to NRS 432B.4665 must comply with the provisions set forth in chapter 159 of NRS for motions to enforce, modify or terminate orders concerning guardianships.

      5.  A successor guardian may be appointed in accordance with the procedures set forth in chapter 159 of NRS.

      (Added to NRS by 2003, 590)

Person Legally Responsible for Psychiatric Care of Child

      NRS 432B.4681  Definitions.  As used in NRS 432B.4681 to 432B.469, inclusive, unless the context otherwise requires, the words and terms defined in NRS 432B.4682 and 432B.4683 have the meanings ascribed to them in those sections.

      (Added to NRS by 2011, 2669)

      NRS 432B.4682  “Person professionally qualified in the field of psychiatric mental health” defined.  “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433A.018.

      (Added to NRS by 2011, 2669)

      NRS 432B.4683  “Psychiatric care” defined.  “Psychiatric care” means the provision of psychiatric services and psychiatric treatment and the administration of psychotropic medication.

      (Added to NRS by 2011, 2669)

      NRS 432B.4684  Nomination; person nominated deemed to be person who is legally responsible pending court approval; petition to appoint nominee; persons authorized to be nominated or appointed.

      1.  If a child who is in the custody of an agency which provides child welfare services has a prescription for a psychotropic medication upon entering the custody of the agency or if the agency determines that a child may be in need of psychiatric care, the agency shall nominate, pending appointment by a court pursuant to NRS 432B.4685, a person who is legally responsible for the psychiatric care of the child. A person nominated pursuant to this subsection shall be deemed to be the person who is legally responsible for the psychiatric care of the child pending approval by a court pursuant to NRS 432B.4685.

      2.  Upon nominating a person who is legally responsible for the psychiatric care of a child pursuant to this section, the agency which provides child welfare services shall petition the court with jurisdiction over the child for the appointment of the nominee as the person who is legally responsible for the psychiatric care of the child. A petition filed pursuant to this subsection may be heard by the court at the next hearing of the court conducted pursuant to NRS 432B.410 to 432B.590, inclusive, or at a hearing for the express purpose of appointing a person pursuant to NRS 432B.4685.

      3.  The person who is legally responsible for the psychiatric care of a child may be a parent or legal guardian of the child or, if a parent or legal guardian of the child is not able or willing to act as the person who is legally responsible for the psychiatric care of the child:

      (a) The attorney for the child;

      (b) The guardian ad litem of the child;

      (c) The foster parent or other provider of substitute care for the child;

      (d) An employee of the agency which provides child welfare services; or

      (e) Any other person who a court determines is qualified to carry out the duties and responsibilities prescribed by NRS 432B.4681 to 432B.469, inclusive, and any policies adopted pursuant to NRS 432B.197.

      (Added to NRS by 2011, 2670; A 2013, 3818)

      NRS 432B.4685  Persons eligible for court appointment.  If proceedings pursuant to this chapter involve the protection of a child who requires psychiatric care, including, without limitation, any child who is administered a psychotropic medication, the court shall appoint the parent or legal guardian of the child as the person who is legally responsible for the psychiatric care of the child or, if a parent or legal guardian of the child is not able or willing to act as the person who is legally responsible for the psychiatric care of the child:

      1.  The person nominated by the agency which provides child welfare services pursuant to NRS 432B.4684; or

      2.  Any other person who the court determines is qualified to carry out the duties and responsibilities of a person who is legally responsible for the psychiatric care of the child.

      (Added to NRS by 2011, 2673)

      NRS 432B.4686  Responsibilities and duties.

      1.  A person who is legally responsible for the psychiatric care of a child who is in the custody of an agency which provides child welfare services is responsible for the procurement and oversight of all psychiatric care for the child and shall make all decisions relating to the psychiatric care and related treatment of the child, including, without limitation, the approval of all psychiatric services, psychiatric treatment and psychotropic medication that may be administered to the child.

      2.  A person who is appointed to be legally responsible for the psychiatric care of a child shall:

      (a) To the extent that such information is available, maintain current information concerning the medical history of the child, including, without limitation:

             (1) All known allergies of the child;

             (2) Past and current illnesses and treatments of the child;

             (3) Past and current psychiatric history and treatments of the child;

             (4) Past and current psychiatric history of the family of the child; and

             (5) Any other information which is necessary to make decisions relating to the medical treatment of the child.

      (b) Maintain current information concerning the emotional, behavioral, educational and related needs of the child.

      (c) Attend each visit of the child to receive psychiatric care or be available by telephone to discuss the visit with the person professionally qualified in the field of psychiatric mental health who treats the child.

      3.  Except as otherwise provided in this subsection, a person who is legally responsible for the psychiatric care of a child shall provide written consent or, in writing, deny consent for each visit of the child with a person professionally qualified in the field of psychiatric mental health who treats the child. Written consent is not required for each visit if the visit is part of the routine care of the child and the written consent approves such routine care. Written consent for routine care may be revoked at any time.

      4.  Written consent provided pursuant to subsection 3 must include, without limitation:

      (a) The name and address of the person with whom the child currently resides or the name and location of the agency which provides child welfare services where the child currently resides;

      (b) The name of the person who is legally responsible for the psychiatric care of the child;

      (c) The name of the person professionally qualified in the field of psychiatric mental health who treats the child;

      (d) The date, time and location of the visit or, if the consent is for routine visits, the frequency and duration of the routine visits; and

      (e) If the person who is legally responsible for the psychiatric care of the child does not attend a visit, a written statement that the person is aware of and is available to discuss the visit and the treatment recommended for the child with the person professionally qualified in the field of psychiatric mental health.

      5.  A person who is legally responsible for the psychiatric care of a child shall, not less than 1 week before each visit of the child with a person professionally qualified in the field of psychiatric mental health who treats the child, notify:

      (a) The agency which provides child welfare services that has custody of the child; and

      (b) If the person is not the parent or legal guardian of the child, the parent or legal guardian,

Ê of the date, time and location of each visit of the child with a person professionally qualified in the field of psychiatric mental health who treats the child. Unless a court order prohibits such visitation, a parent or legal guardian of the child may attend each visit of the child with a person professionally qualified in the field of psychiatric mental health who treats the child.

      (Added to NRS by 2011, 2670)

      NRS 432B.4687  Considerations for approval of administration of psychotropic medication to child; written consent for administration of such medication or notice of denial; other required approval.

      1.  A person who is legally responsible for the psychiatric care of a child who is in the custody of an agency which provides child welfare services shall approve or deny the administration of a psychotropic medication to the child:

      (a) After considering the purpose, benefits, risks, alternatives, side effects and complications of each psychotropic medication recommended by the person professionally qualified in the field of psychiatric mental health who treats the child;

      (b) After considering any additional information provided by the person professionally qualified in the field of psychiatric mental health who treats the child;

      (c) After considering the possible clinical indications to suspend or terminate the psychotropic medication and the potential consequences of such an action; and

      (d) In accordance with the policies adopted by the agency which provides child welfare services pursuant to NRS 432B.197.

      2.  If a person who is legally responsible for the psychiatric care of a child:

      (a) Approves the administration of a psychotropic medication to the child, the person shall provide written consent to the person professionally qualified in the field of psychiatric mental health, the agency which provides child welfare services and the foster parent or other provider of substitute care for the child for the administration of the psychotropic medication. The written consent must include:

             (1) The name of the child;

             (2) The name, address and telephone number of the person who is legally responsible for the psychiatric care of the child;

             (3) The name, purpose and expected time frame for improvement for each medication;

             (4) The dosage, times of administration and, if applicable, the number of units at each administration of the medication which may be administered to the child;

             (5) The duration of the course of treatment for the administration of the medication;

             (6) A description of the possible risks, side effects interactions with other medications or foods, and complications of the medication; and

             (7) If applicable, the specific authorization required by subsection 4.

      (b) Denies the administration of a psychotropic medication to the child, the person shall provide written notice of the denial to the agency which provides child welfare services.

      3.  Except as otherwise provided in NRS 432B.4689, the foster parent or other provider of substitute care for a child in the custody of an agency which provides child welfare services shall not administer a psychotropic medication to the child unless:

      (a) The person who is legally responsible for the psychiatric care of the child has consented to the administration of the medication; and

      (b) The psychotropic medication is administered in accordance with the consent of the person who is legally responsible for the psychiatric care of the child.

      4.  The person who is legally responsible for the psychiatric care of a child must, in addition to providing written consent for the administration of a psychotropic medication, specifically approve:

      (a) The use of psychotropic medication in a manner that has not been tested or approved by the United States Food and Drug Administration, including, without limitation, the use of such medication for a child who is of an age that has not been tested or approved or who has a condition for which the use of the medication has not been tested or approved;

      (b) The prescribing of any psychotropic medication for use by a child who is less than 4 years of age;

      (c) The concurrent use by a child of three or more classes of psychotropic medication; and

      (d) The concurrent use by a child of two psychotropic medications of the same class.

      (Added to NRS by 2011, 2671)

      NRS 432B.4688  Administration of psychotropic medication to child allowed only in accordance with consent; quarterly review of records of child.

      1.  Except as otherwise provided in NRS 432B.4689, an agency which provides child welfare services shall not allow the administration of a psychotropic medication to a child in the custody of the agency unless:

      (a) The person who is legally responsible for the psychiatric care of the child has consented to the administration of the medication; and

      (b) The psychotropic medication is administered in accordance with the consent of the person who is legally responsible for the psychiatric care of the child.

      2.  An agency which provides child welfare services shall, at least quarterly, review the records for each child in the custody of the agency who is administered a psychotropic medication to determine whether the medication is being administered in accordance with NRS 432B.4681 to 432B.469, inclusive, and the policies adopted pursuant to NRS 432B.197. The agency may use the results of the quarterly reviews to determine whether the placement of the child should be continued.

      (Added to NRS by 2011, 2675)—(Substituted in revision for part of NRS 432B.197)

      NRS 432B.4689  Administration of psychotropic medication without consent authorized under certain circumstances.

      1.  An agency which provides child welfare services may allow the administration of, and a foster parent or other provider of substitute care for a child in the custody of an agency which provides child welfare services may administer, a psychotropic medication to a child without obtaining consent from a person who is legally responsible for the psychiatric care of the child if:

      (a) The child has a prescription for a psychotropic medication upon entering the custody of the agency and the agency continues administering the psychotropic medication in accordance with that prescription; or

      (b) A physician determines that an emergency exists which requires the immediate administration of a psychotropic medication before consent may be obtained from the person who is legally responsible for the psychiatric care of the child. The agency which provides child welfare services shall obtain documentation, which may include an incident report or other documentation which demonstrates that an emergency existed, regarding the circumstances surrounding the administration of the psychotropic medication.

      2.  If a psychotropic medication is administered pursuant to this section, the agency which provides child welfare services shall take reasonable efforts, as soon as practicable, to notify the parent or legal guardian of the child and the person who is legally responsible for the psychiatric care of the child of the administration of the psychotropic medication.

      (Added to NRS by 2011, 2673)

      NRS 432B.469  Agency which provides child welfare services retains responsibility for health and well-being of child in its custody.  The provisions of NRS 432B.4681 to 432B.469, inclusive, do not relieve an agency which provides child welfare services of any responsibility of the agency relating to the general health and well-being of a child in the custody of the agency.

      (Added to NRS by 2011, 2669)

Hearing on Protective Custody

      NRS 432B.470  Hearing required; notice.

      1.  A child taken into protective custody pursuant to NRS 432B.390 must be given a hearing, conducted by a judge, master or special master appointed by the judge for that particular hearing, within 72 hours, excluding Saturdays, Sundays and holidays, after being taken into custody, to determine whether the child should remain in protective custody pending further action by the court.

      2.  Except as otherwise provided in this subsection, notice of the time and place of the hearing must be given to a parent or other person responsible for the child’s welfare:

      (a) By personal service of a written notice;

      (b) Orally; or

      (c) If the parent or other person responsible for the child’s welfare cannot be located after a reasonable effort, by posting a written notice on the door of the residence of the parent or other person.

Ê If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of the parent is unknown, the parent shall be deemed to have waived any notice of the hearing conducted pursuant to this section.

      3.  If notice is given by means of paragraph (b) or (c) of subsection 2, a copy of the notice must be mailed to the person at the last known address of the person within 24 hours after the child is placed in protective custody.

      (Added to NRS by 1985, 1380; A 2001, 1259)

      NRS 432B.480  Hearing: Court required to advise parties of rights; determinations by court; order to continue custody or release child.

      1.  At each hearing conducted pursuant to NRS 432B.470:

      (a) At the commencement of the hearing, the court shall advise the parties of their right to be represented by an attorney and of their right to present evidence.

      (b) The court shall determine whether there is reasonable cause to believe that it would be:

             (1) Contrary to the welfare of the child for the child to reside at his or her home; or

             (2) In the best interests of the child to place the child outside of his or her home.

Ê The court shall prepare an explicit statement of the facts upon which each of its determinations is based. If the court makes an affirmative finding regarding either subparagraph (1) or (2), the court shall issue an order keeping the child in protective custody pending a disposition by the court.

      (c) The court shall determine whether the child has been placed in a home or facility that complies with the requirements of NRS 432B.3905. If the placement does not comply with the requirements of NRS 432B.3905, the court shall establish a plan with the agency which provides child welfare services for the prompt transfer of the child into a home or facility that complies with the requirements of NRS 432B.3905.

      2.  If the court issues an order keeping the child in protective custody pending a disposition by the court and it is in the best interests of the child, the court may:

      (a) Place the child in the temporary custody of a grandparent, great-grandparent or other person related within the fifth degree of consanguinity to the child who the court finds has established a meaningful relationship with the child, with or without supervision upon such conditions as the court prescribes, regardless of whether the relative resides within this State; or

      (b) Grant the grandparent, great-grandparent or other person related within the fifth degree of consanguinity to the child a reasonable right to visit the child while the child is in protective custody.

      3.  If the court finds that the best interests of the child do not require that the child remain in protective custody, the court shall order the immediate release of the child.

      4.  If a child is placed with any person who resides outside this State, the placement must be in accordance with NRS 127.330.

      (Added to NRS by 1985, 1380; A 1987, 1194; 1991, 1183; 2001, 1845; 2007, 1005; 2009, 215)

      NRS 432B.490  Procedure following hearing or investigation.

      1.  An agency which provides child welfare services:

      (a) In cases where the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, shall within 10 days after the hearing on protective custody initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510;

      (b) In cases where a court issues an order keeping the child in protective custody pursuant to paragraph (b) of subsection 1 of NRS 432B.480, shall within 10 days after the hearing on protective custody, unless good cause exists, initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510 or recommend against any further action in court; or

      (c) In cases where an investigation is made under NRS 432B.010 to 432B.400, inclusive, and a determination is made that the child is in need of protection but is not in imminent danger, may file a petition which meets the requirements set forth in NRS 432B.510.

      2.  If the agency recommends against further action, the court may, on its own motion, initiate proceedings when it finds that it is in the best interests of the child.

      3.  If a child has been placed in protective custody and if further action in court is taken, an agency which provides child welfare services shall make recommendations to the court concerning whether the child should be returned to the person responsible for the welfare of the child pending further action in court.

      4.  If, in a case described in paragraph (b) of subsection 1, an agency which provides child welfare services fails to initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510 within 10 days after the hearing on protective custody:

      (a) The agency may recommend against further action and return the child to the custody of the person responsible for the welfare of the child; or

      (b) Any party to the proceeding may schedule an additional hearing with the court which must take place before the next scheduled court date to determine whether the child should be returned to the person responsible for the welfare of the child pending further action by the court.

      5.  Except as otherwise provided in this subsection, notice of the time and place of a hearing scheduled pursuant to paragraph (b) of subsection 4 must be given to a parent or other person responsible for the welfare of the child:

      (a) By personal service of a written notice;

      (b) Orally; or

      (c) If the parent or other person responsible for the welfare of the child cannot be located after a reasonable effort, by posting a written notice on the door of the residence of the parent or other person.

Ê If the child was delivered to a provider of emergency services pursuant to the provisions of NRS 432B.630 and the location of the parent is unknown, the parent shall be deemed to have waived any notice of any hearing conducted pursuant to this section.

      6.  If notice of a hearing scheduled pursuant to paragraph (b) of subsection 4 is given by means of paragraph (b) or (c) of subsection 5, a copy of the notice must be mailed to the parent or other person responsible for the welfare of the child at his or her last known address within 24 hours after the petition is filed.

      7.  The court shall hold a hearing scheduled pursuant to paragraph (b) of subsection 4 to decide whether there remains reasonable cause to believe that it would be:

      (a) Contrary to the welfare of the child for the child to reside at his or her home; or

      (b) In the best interests of the child to keep the child outside of his or her home.

      (Added to NRS by 1985, 1380; A 1999, 832; 2001 Special Session, 47; 2011, 2524; 2013, 447)

Hearing on Need of Protection for Child

      NRS 432B.500  Appointment of guardian ad litem after filing of petition.

      1.  After a petition is filed that a child is in need of protection pursuant to NRS 432B.490, the court shall appoint a guardian ad litem for the child. The person so appointed:

      (a) Must meet the requirements of NRS 432B.505 or, if such a person is not available, a representative of an agency which provides child welfare services, a juvenile probation officer, an officer of the court or another volunteer.

      (b) Must not be a parent or other person responsible for the child’s welfare.

      2.  No compensation may be allowed a person serving as a guardian ad litem pursuant to this section.

      3.  A guardian ad litem appointed pursuant to this section shall:

      (a) Represent and protect the best interests of the child until excused by the court;

      (b) Thoroughly research and ascertain the relevant facts of each case for which the guardian ad litem is appointed, and ensure that the court receives an independent, objective account of those facts;

      (c) Meet with the child wherever the child is placed as often as is necessary to determine that the child is safe and to ascertain the best interests of the child;

      (d) Explain to the child the role of the guardian ad litem and, when appropriate, the nature and purpose of each proceeding in the case;

      (e) Participate in the development and negotiation of any plans for and orders regarding the child, and monitor the implementation of those plans and orders to determine whether services are being provided in an appropriate and timely manner;

      (f) Appear at all proceedings regarding the child;

      (g) Inform the court of the desires of the child, but exercise independent judgment regarding the best interests of the child;

      (h) Present recommendations to the court and provide reasons in support of those recommendations;

      (i) Request the court to enter orders that are clear, specific and, when appropriate, include periods for compliance;

      (j) Review the progress of each case for which the guardian ad litem is appointed, and advocate for the expedient completion of the case; and

      (k) Perform such other duties as the court orders.

      (Added to NRS by 1985, 1379; A 1999, 2039; 2001 Special Session, 48)

      NRS 432B.505  Qualifications of special advocate for appointment as guardian ad litem.

      1.  To qualify for appointment as a guardian ad litem pursuant to NRS 432B.500 in a judicial district that includes a county whose population is less than 100,000, a special advocate must be a volunteer from the community who completes an initial 12 hours of specialized training and, annually thereafter, completes 6 hours of specialized training. The training must be approved by the court and include information regarding:

      (a) The dynamics of the abuse and neglect of children;

      (b) Factors to consider in determining the best interests of a child, including planning for the permanent placement of the child;

      (c) The interrelationships between the family system, legal process and system of child welfare;

      (d) Skills in mediation and negotiation;

      (e) Federal, state and local laws affecting children;

      (f) Cultural, ethnic and gender-specific issues;

      (g) Domestic violence;

      (h) Resources and services available in the community for children in need of protection;

      (i) Child development;

      (j) Standards for guardians ad litem;

      (k) Confidentiality issues; and

      (l) Such other topics as the court deems appropriate.

      2.  To qualify for appointment as a guardian ad litem pursuant to NRS 432B.500 in a judicial district that does not include a county whose population is less than 100,000, a special advocate must be qualified pursuant to the standards for training of the National Court Appointed Special Advocate Association or its successor. If such an Association ceases to exist, the court shall determine the standards for training.

      (Added to NRS by 1999, 2031)

      NRS 432B.510  Execution and contents of petition; representation of interests of public.

      1.  A petition alleging that a child is in need of protection may be signed only by:

      (a) A representative of an agency which provides child welfare services;

      (b) A law enforcement officer or probation officer; or

      (c) The district attorney.

      2.  The district attorney shall countersign every petition alleging need of protection, and shall represent the interests of the public in all proceedings. If the district attorney fails or refuses to countersign the petition, the petitioner may seek a review by the Attorney General. If the Attorney General determines that a petition should be filed, the Attorney General shall countersign the petition and shall represent the interests of the public in all subsequent proceedings.

      3.  Every petition must be entitled “In the Matter of……………, a child,” and must be verified by the person who signs it.

      4.  Every petition must set forth specifically:

      (a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 432B.410.

      (b) The name, date of birth and address of the primary residence of the child at the time of removal.

      (c) The names and addresses of the residences of the child’s parents and any other person responsible for the child’s welfare, and spouse if any. If the parents or other person responsible for the welfare of the child do not reside in this State or cannot be found within the State, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the State or, if there is none, the known adult relative residing nearest to the court.

      (d) Whether the child is in protective custody and, if so:

             (1) The agency responsible for placing the child in protective custody and the reasons therefor; and

             (2) Whether the child has been placed in a home or facility in compliance with the provisions of NRS 432B.3905. If the placement does not comply with the provisions of NRS 432B.3905, the petition must include a plan for transferring the child to a placement which complies with the provisions of NRS 432B.3905.

      5.  When any of the facts required by subsection 4 are not known, the petition must so state.

      (Added to NRS by 1985, 1381; A 1997, 2475; 2001, 1850; 2001 Special Session, 48; 2003, 236; 2007, 1006; 2013, 238)

      NRS 432B.513  Copy of report or information required to be provided to parent or guardian before certain proceedings.

      1.  Except as otherwise provided in subsection 3, a person who submits a report or information to the court for consideration in a proceeding held pursuant to NRS 432B.466 to 432B.468, inclusive, or 432B.500 to 432B.590, inclusive, shall provide a copy of the report or information, to the extent that the data or information in the report or information is available pursuant to NRS 432B.290, to each parent or guardian of the child who is the subject of the proceeding and to the attorney of each parent or guardian not later than 72 hours before the proceeding.

      2.  If a person does not provide a copy of a report or information to a parent or guardian of a child and an attorney of the parent or guardian before a proceeding if required by subsection 1, the court or master:

      (a) Shall provide the parent or guardian and the attorney of the parent or guardian an opportunity to review the report or information; and

      (b) May grant a continuance of the proceeding until a later date that is agreed upon by all the parties to the proceeding if the parent or guardian or the attorney of the parent or guardian requests that the court grant the continuance so that the parent or guardian and the attorney of the parent or guardian may properly respond to the report or information.

      3.  If a child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of the parent of the child is unknown, a copy of a report or information described in subsection 1 need not be sent to that parent or the attorney of that parent pursuant to subsection 1.

      4.  As used in this section, “person” includes, without limitation, a government, governmental agency or political subdivision of a government.

      (Added to NRS by 2001, 1699; A 2003, 592)

      NRS 432B.515  Electronic filing of certain petitions and reports.

      1.  A court clerk may allow any of the following documents to be filed electronically:

      (a) A petition signed by the district attorney pursuant to NRS 432B.510; or

      (b) A report prepared pursuant to NRS 432B.540.

      2.  Any document that is filed electronically pursuant to this section must contain an image of the signature of the person who is filing the document.

      (Added to NRS by 1997, 893)

      NRS 432B.520  Issuance of summons; authorizing the assumption of custody by court and removal of child from certain conditions; authorizing the attachment of child and placement of child in protective custody.

      1.  After a petition has been filed, the court shall direct the clerk to issue a summons requiring the person who has custody or control of the child to appear personally and bring the child before the court at a time and place stated in the summons. If the person so summoned is other than a parent or guardian of the child, then the parent or guardian, or both, must also be notified by a similar summons of the pendency of the hearing and of the time and place appointed.

      2.  Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the court, is necessary.

      3.  Each summons must include notice of the right of parties to counsel at the adjudicatory hearing. A copy of the petition must be attached to each summons.

      4.  If the:

      (a) Person summoned resides in this state, the summons must be served personally;

      (b) Person summoned cannot be found within this state or does not reside in this state, the summons must be mailed by registered or certified mail to the last known address of the person; or

      (c) Child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of the parent is unknown, the summons must be served on the parent by publication at least once a week for 3 consecutive weeks in a newspaper published in the county and if no such newspaper is published, then a newspaper published in this state that has a general circulation in the county. The failure of the parent to appear in the action after the service of summons on the parent pursuant to this paragraph shall be deemed to constitute a waiver by the parent of any further notice of the proceedings that would otherwise be required pursuant to this chapter.

      5.  If it appears that the child is in such condition or surroundings that the welfare of the child requires that custody be immediately assumed by the court, the court may order, by endorsement upon the summons, that the person serving it shall at once deliver the child to an agency which provides child welfare services in whose custody the child must remain until the further order of the court.

      6.  If the summons cannot be served or the person who has custody or control of the child fails to obey it, or:

      (a) In the judge’s opinion, the service will be ineffectual or the welfare of the child requires that the child be brought forthwith into the custody of the court; or

      (b) A person responsible for the child’s welfare has absconded with the child or concealed the child from a representative of an agency which provides child welfare services,

Ê the court may issue a writ for the attachment of the child’s person, commanding a law enforcement officer or a representative of an agency which provides child welfare services to place the child in protective custody.

      (Added to NRS by 1985, 1381; A 1991, 922; 2001, 1259; 2001 Special Session, 49)

      NRS 432B.530  Adjudicatory hearing on petition; disposition.

      1.  An adjudicatory hearing must be held within 30 days after the filing of the petition, unless good cause is shown or the hearing has been continued until a later date pursuant to NRS 432B.513.

      2.  At the hearing, the court shall inform the parties of the specific allegations in the petition and give them an opportunity to admit or deny them. If the allegations are denied, the court shall hear evidence on the petition.

      3.  In adjudicatory hearings, all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their attorney must be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when reasonably available.

      4.  The court may require the child to be present in court at the hearing.

      5.  If the court finds by a preponderance of the evidence that the child was in need of protection at the time of the removal of the child from the home, it shall record its findings of fact and may proceed immediately or at another hearing held within 15 working days, to make a proper disposition of the case. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and, if the child is in protective custody, order the immediate release of the child.

      6.  The findings of fact recorded by the court pursuant to subsection 5 and any specific allegations in the petition admitted to by the parties must be included as part of the disposition of the case in the report required to be made to the Central Registry pursuant to NRS 432B.310.

      (Added to NRS by 1985, 1382; A 2001, 1703, 1846; 2003, 87; 2013, 2879)

      NRS 432B.540  Report by agency which provides child welfare services; plan for placement of child.

      1.  If the court finds that the allegations of the petition are true, it shall order that a report be made in writing by an agency which provides child welfare services, concerning:

      (a) Except as otherwise provided in paragraph (b), the conditions in the child’s place of residence, the child’s record in school, the mental, physical and social background of the family of the child, its financial situation and other matters relevant to the case; or

      (b) If the child was delivered to a provider of emergency services pursuant to NRS 432B.630, any matters relevant to the case.

      2.  If the agency believes that it is necessary to remove the child from the physical custody of the child’s parents, it must submit with the report a plan designed to achieve a placement of the child in a safe setting as near to the residence of the parent as is consistent with the best interests and special needs of the child. The plan must include, without limitation:

      (a) A description of the type, safety and appropriateness of the home or institution in which the child could be placed, including, without limitation, a statement that the home or institution would comply with the provisions of NRS 432B.3905, and a plan for ensuring that the child would receive safe and proper care and a description of the needs of the child;

      (b) A description of the services to be provided to the child and to a parent to facilitate the return of the child to the custody of the parent or to ensure the permanent placement of the child;

      (c) The appropriateness of the services to be provided under the plan; and

      (d) A description of how the order of the court will be carried out.

      (Added to NRS by 1985, 1382; A 1995, 362; 1999, 2039; 2001, 1260, 1846; 2001 Special Session, 50; 2003, 236; 2007, 1006)

      NRS 432B.550  Determination of custody and placement of child by court; retention of certain rights by parent when child placed other than with parent; determination of whether agency which provides child welfare services has made reasonable efforts required.

      1.  If the court finds that a child is in need of protection, it may, by its order, after receipt and review of the report from the agency which provides child welfare services:

      (a) Permit the child to remain in the temporary or permanent custody of the parents of the child or a guardian with or without supervision by the court or a person or agency designated by the court, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;

      (b) Place the child in the temporary or permanent custody of a relative, a fictive kin or other person the court finds suitable to receive and care for the child with or without supervision, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe; or

      (c) Place the child in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services or a private agency or institution licensed by the Department of Health and Human Services or a county whose population is 100,000 or more to care for such a child.

Ê In carrying out this subsection, the court may, in its sole discretion and in compliance with the requirements of chapter 159 of NRS, consider an application for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.

      2.  If, pursuant to subsection 1, a child is placed other than with a parent:

      (a) The parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of the rights of the parent.

      (b) The court shall set forth good cause why the child was placed other than with a parent.

      3.  If, pursuant to subsection 1, the child is to be placed with a relative or fictive kin, the court may consider, among other factors, whether the child has resided with a particular relative or fictive kin for 3 years or more before the incident which brought the child to the court’s attention.

      4.  Except as otherwise provided in this subsection, a copy of the report prepared for the court by the agency which provides child welfare services must be sent to the custodian and the parent or legal guardian. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of the parent is unknown, the report need not be sent to that parent.

      5.  In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of the parents of the child or guardian:

      (a) It must be presumed to be in the best interests of the child to be placed together with the siblings of the child.

      (b) Preference must be given to placing the child in the following order:

             (1) With any person related within the fifth degree of consanguinity to the child or a fictive kin, and who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State.

             (2) In a foster home that is licensed pursuant to chapter 424 of NRS.

      6.  Any search for a relative with whom to place a child pursuant to this section must be completed within 1 year after the initial placement of the child outside of the home of the child. If a child is placed with any person who resides outside of this State, the placement must be in accordance with NRS 127.330.

      7.  Within 60 days after the removal of a child from the home of the child, the court shall:

      (a) Determine whether:

             (1) The agency which provides child welfare services has made the reasonable efforts required by paragraph (a) of subsection 1 of NRS 432B.393; or

             (2) No such efforts are required in the particular case; and

      (b) Prepare an explicit statement of the facts upon which its determination is based.

      8.  As used in this section, “fictive kin” means a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child.

      (Added to NRS by 1985, 1383; A 1987, 1195; 1991, 1183, 1359, 1936; 1993, 468; 1999, 2040; 2001, 1261, 1847; 2001 Special Session, 51; 2003, 236; 2005, 2096; 2005, 22nd Special Session, 47; 2009, 216; 2011, 255)

      NRS 432B.553  Plan for permanent placement of child.

      1.  An agency that obtains legal custody of a child pursuant to NRS 432B.550 shall:

      (a) Adopt a plan for the permanent placement of the child for review by the court at a hearing conducted pursuant to NRS 432B.590; and

      (b) Make reasonable efforts to finalize the permanent placement of the child in accordance with the plan adopted pursuant to paragraph (a). The provisions of subsections 4, 5 and 6 of NRS 432B.393 shall be deemed to apply to the reasonable efforts required by this paragraph.

      2.  If the child is not residing in the home of the child and has been in foster care for 14 or more of the immediately preceding 20 months, the agency shall include the termination of parental rights to the child in the plan for the permanent placement of the child, unless the agency determines that:

      (a) The child is in the care of a relative;

      (b) The plan for the child requires the agency to make reasonable efforts pursuant to NRS 432B.393 to reunify the family of the child, and the agency has not provided to the family, consistently within the period specified in the plan for the child, such services as the agency deems necessary for the safe return of the child to the home of the child; or

      (c) There are compelling reasons, which are documented in the plan for the child, for concluding that the filing of a petition to terminate parental rights to the child would not be in the best interests of the child.

      (Added to NRS by 2001, 1839)

      NRS 432B.555  Restriction on release of child to custodial parent or guardian who has been convicted of abuse, neglect or endangerment of child.  In any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, if the court determines that a custodial parent or guardian of a child who has been placed in protective custody has ever been convicted of a violation of NRS 200.508, the court shall not release the child to that custodial parent or guardian unless the court finds by clear and convincing evidence presented at the proceeding that no physical or psychological harm to the child will result from the release of the child to that parent or guardian.

      (Added to NRS by 1995, 805; A 2001, 1848; 2003, 592)

      NRS 432B.560  Additional orders by court: Treatment; conduct; visitation; support.

      1.  The court may also order:

      (a) The child, a parent or the guardian to undergo such medical, psychiatric, psychological, or other care or treatment as the court considers to be in the best interests of the child.

      (b) A parent or guardian to refrain from:

             (1) Any harmful or offensive conduct toward the child, the other parent, the custodian of the child or the person given physical custody of the child; and

             (2) Visiting the child if the court determines that the visitation is not in the best interest of the child.

      (c) A reasonable right of visitation for a grandparent of the child if the child is not permitted to remain in the custody of the parents of the child.

      2.  The court shall order a parent or guardian to pay to the custodian an amount sufficient to support the child while the child is in the care of the custodian pursuant to an order of the court, unless the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of the parent is unknown. Payments for the obligation of support must be determined in accordance with NRS 125B.070 and 125B.080, but must not exceed the reasonable cost of the child’s care, including food, shelter, clothing, medical care and education. An order for support made pursuant to this subsection must:

      (a) Require that payments be made to the appropriate agency or office;

      (b) Provide that the custodian is entitled to a lien on the obligor’s property in the event of nonpayment of support; and

      (c) Provide for the immediate withholding of income for the payment of support unless:

             (1) All parties enter into an alternative written agreement; or

             (2) One party demonstrates and the court finds good cause to postpone the withholding.

      3.  A court that enters an order pursuant to subsection 2 shall ensure that the social security number of the parent or guardian who is the subject of the order is:

      (a) Provided to the Division of Welfare and Supportive Services of the Department of Health and Human Services.

      (b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

      (Added to NRS by 1985, 1383; A 1987, 1196; 1991, 1339; 1993, 543; 1997, 2267; 1999, 2685; 2001, 1262)

      NRS 432B.570  Motion for revocation or modification of order.

      1.  A motion for revocation or modification of an order issued pursuant to NRS 432B.550 or 432B.560 may be filed by the custodian of the child, the governmental organization or person responsible for supervising the care of the child, the guardian ad litem of the child or a parent or guardian. Notice of this motion must be given by registered or certified mail to all parties of the adjudicatory hearing, the custodian and the governmental organization or person responsible for supervising the care of the child.

      2.  The court shall hold a hearing on the motion and may dismiss the motion or revoke or modify any order as it determines is in the best interest of the child.

      (Added to NRS by 1985, 1383)

      NRS 432B.580  Semiannual review by court of placement of child.

      1.  Except as otherwise provided in this section and NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually, and within 90 days after a request by a party to any of the prior proceedings. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.

      2.  An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes:

      (a) An evaluation of the progress of the child and the family of the child and any recommendations for further supervision, treatment or rehabilitation.

      (b) Information concerning the placement of the child in relation to the child’s siblings, including, without limitation:

             (1) Whether the child was placed together with the siblings;

             (2) Any efforts made by the agency to have the child placed together with the siblings;

             (3) Any actions taken by the agency to ensure that the child has contact with the siblings; and

             (4) If the child is not placed together with the siblings:

                   (I) The reasons why the child is not placed together with the siblings; and

                   (II) A plan for the child to visit the siblings, which must be approved by the court.

      (c) A copy of an academic plan developed for the child pursuant to NRS 388.155, 388.165 or 388.205.

      (d) A copy of any explanations regarding medication that has been prescribed for the child that have been submitted by a foster home pursuant to NRS 424.0383.

      3.  Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the parent has not appeared in the action, the report need not be sent to that parent.

      4.  After a plan for visitation between a child and the siblings of the child submitted pursuant to subparagraph (4) of paragraph (b) of subsection 2 has been approved by the court, the agency which provides child welfare services must request the court to issue an order requiring the visitation set forth in the plan for visitation. If a person refuses to comply with or disobeys an order issued pursuant to this subsection, the person may be punished as for a contempt of court.

      5.  The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.

      6.  Except as otherwise provided in this subsection and paragraph (c) of subsection 4 of NRS 432B.520, notice of the hearing must be given by registered or certified mail to:

      (a) All the parties to any of the prior proceedings;

      (b) Any persons planning to adopt the child;

      (c) A sibling of the child, if known, who has been granted a right to visitation of the child pursuant to NRS 127.171 and his or her attorney, if any; and

      (d) Any other relatives of the child or providers of foster care who are currently providing care to the child.

      7.  The notice of the hearing required to be given pursuant to subsection 6:

      (a) Must include a statement indicating that if the child is placed for adoption the right to visitation of the child is subject to the provisions of NRS 127.171;

      (b) Must not include any confidential information described in NRS 127.140; and

      (c) Need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.

      8.  The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 6 a right to be heard at the hearing.

      9.  The court or panel shall review:

      (a) The continuing necessity for and appropriateness of the placement;

      (b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;

      (c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; and

      (d) The date the child may be returned to, and safely maintained in, the home or placed for adoption or under a legal guardianship.

      10.  The provision of notice and a right to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.

      (Added to NRS by 1985, 1384; A 1991, 1360; 1999, 2041; 2001, 1263, 1704; 2005, 2098; 2011, 146, 2665; 2013, 239)

      NRS 432B.585  Appointment of panel to conduct semiannual review.  For the purposes of conducting a review required by NRS 432B.580, the judge or judges of the court may by mutual consent appoint a panel of three or more persons. The persons so appointed shall serve without compensation and at the pleasure of the court.

      (Added to NRS by 1991, 1358; A 2001, 1705)

      NRS 432B.590  Annual hearing on disposition of case; when presumption that best interests of child will be served by termination of parental rights arises.

      1.  Except as otherwise provided in NRS 432B.513, the court shall hold a hearing concerning the permanent placement of a child:

      (a) Not later than 12 months after the initial removal of the child from the home of the child and annually thereafter.

      (b) Within 30 days after making any of the findings set forth in subsection 3 of NRS 432B.393.

Ê Notice of this hearing must be given by registered or certified mail to all the persons to whom notice must be given pursuant to subsection 6 of NRS 432B.580.

      2.  The court may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 1 a right to be heard at the hearing.

      3.  At the hearing, the court shall review any plan for the permanent placement of the child adopted pursuant to NRS 432B.553 and determine:

      (a) Whether the agency with legal custody of the child has made the reasonable efforts required by subsection 1 of NRS 432B.553;

      (b) Whether, and if applicable when:

             (1) The child should be returned to the parents of the child or placed with other relatives;

             (2) It is in the best interests of the child to:

                   (I) Initiate proceedings to terminate parental rights pursuant to chapter 128 of NRS so that the child can be placed for adoption;

                   (II) Initiate proceedings to establish a guardianship pursuant to chapter 159 of NRS; or

                   (III) Establish a guardianship in accordance with NRS 432B.466 to 432B.468, inclusive; or

             (3) The agency with legal custody of the child has produced documentation of its conclusion that there is a compelling reason for the placement of the child in another permanent living arrangement;

      (c) If the child will not be returned to the parents of the child, whether the agency with legal custody of the child fully considered placement options both within and outside of this State;

      (d) If the child has attained the age of 16 years, whether the child will receive the services needed to assist the child in transitioning to independent living; and

      (e) If the child has been placed outside of this State, whether the placement outside of this State continues to be appropriate for and in the best interests of the child.

Ê The court shall prepare an explicit statement of the facts upon which each of its determinations is based. If the court determines that it is in the best interests of the child to terminate parental rights, the court shall use its best efforts to ensure that the procedures required by chapter 128 of NRS are completed within 6 months after the date the court makes that determination, including, without limitation, appointing a private attorney to expedite the completion of the procedures. The provisions of this subsection do not limit the jurisdiction of the court to review any decisions of the agency with legal custody of the child regarding the permanent placement of the child.

      4.  If a child has been placed outside of the home and has resided outside of the home pursuant to that placement for 14 months of any 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.

      5.  This hearing may take the place of the hearing for review required by NRS 432B.580.

      6.  The provision of notice and a right to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.

      (Added to NRS by 1985, 1384; A 1991, 1360; 1995, 362; 1999, 2042; 2001, 1705, 1848; 2003, 87, 592; 2005, 2099; 2011, 147; 2013, 241)

CONTINUATION OF JURISDICTION OF COURT OVER CHILD WHO REACHES 18 YEARS OF AGE WHILE IN CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE SERVICES

      NRS 432B.591  “Child” defined.  As used in NRS 432B.591 to 432B.595, inclusive, “child” means a person who is:

      1.  Under the age of 18 years; and

      2.  Over the age of 18 years and who remains under the jurisdiction of the court pursuant to NRS 432B.594.

      (Added to NRS by 2011, 249)

      NRS 432B.592  Court to refer child to attorney for counsel regarding continuation of jurisdiction.

      1.  A court shall refer a child who is in the custody of an agency which provides child welfare services to an attorney in the county who provides legal services without a charge to abused or neglected children if the court determines that the child:

      (a) Has reached the age of 17 years; and

      (b) Is not likely to be returned to the custody of his or her parent before reaching the age of 18 years.

      2.  The court shall request the attorney to whom such a child is referred to counsel the child regarding the legal consequences of remaining under the jurisdiction of the court after reaching 18 years of age and assist the child in deciding whether to remain under the jurisdiction of the court.

      (Added to NRS by 2011, 249)

      NRS 432B.593  Agency which provides child welfare services to meet with child to determine whether child intends to request continuation of jurisdiction; effect of such meeting; child who has independent living agreement not prohibited from requesting continuation of jurisdiction.

      1.  At least 120 days before the date on which a child who is in the custody of an agency which provides child welfare services reaches the age of 18 years, the agency which provides child welfare services shall meet with the child to determine whether the child intends to request that the court retain jurisdiction over the child pursuant to NRS 432B.594 after the child reaches the age of 18 years.

      2.  If the child indicates during the meeting held pursuant to subsection 1 that the child does not intend to request that the court retain jurisdiction over the child, the agency which provides child welfare services shall recommend that the court terminate jurisdiction over the child when the child reaches the age of 18 years.

      3.  Notwithstanding a determination made by a child during a meeting held pursuant to subsection 1, any time before reaching the age of 18 years, the child may:

      (a) Inform the agency which provides child welfare services that the child intends to request that the court continue jurisdiction over the child pursuant to NRS 432B.594, and the agency shall revise its recommendation to the court accordingly; or

      (b) Request that the court retain jurisdiction over the child pursuant to NRS 432B.594, and the court shall accept jurisdiction.

      4.  A child who enters into an agreement with an agency which provides child welfare services before the child reaches the age of 18 years to allow the child to live independently is not prohibited from requesting that the court retain jurisdiction over the child pursuant to NRS 432B.594, and such a child is entitled to the same rights and protections set forth in NRS 432B.591 to 432B.595, inclusive, as provided to any other child.

      (Added to NRS by 2011, 249)

      NRS 432B.594  Retention of court’s jurisdiction over child; termination of such jurisdiction; written agreement between agency which provides child welfare services and child; resolution of dispute between agency and child; rights of child to services and payments while under jurisdiction of court.

      1.  A court which orders a child to be placed other than with a parent and which has jurisdiction over the child when the child reaches the age of 18 years shall retain jurisdiction over the child if the child so requests.

      2.  Except as otherwise provided in this section, jurisdiction over a child that is retained pursuant to subsection 1 continues until:

      (a) The agency which provides child welfare services, the child and the attorney of the child agree to terminate the jurisdiction;

      (b) The court determines that:

             (1) The child has achieved the goals set forth in the plan developed pursuant to NRS 432B.595;

             (2) The child is not making a good faith effort to achieve the goals set forth in the plan developed pursuant to NRS 432B.595; or

             (3) The circumstances of the child have changed in such a manner that it is infeasible for the child to achieve the goals set forth in the plan developed pursuant to NRS 432B.595;

      (c) The child requests that jurisdiction be terminated; or

      (d) The child reaches the age of 21 years,

Ê whichever occurs first.

      3.  If the court that retains jurisdiction over a child pursuant to this section transfers jurisdiction to another court in this State, the court which accepts jurisdiction must retain jurisdiction over the case for the period provided pursuant to this section.

      4.  A child who requests that the court retain jurisdiction over the child pursuant to this section must, upon reaching the age of 18 years, enter into a written agreement with the agency which provides child welfare services. The agreement, which must be filed with the court, must include, without limitation, the following provisions, which must specify that:

      (a) The child voluntarily requested that the court retain jurisdiction over the child;

      (b) While under the jurisdiction of the court, the child is entitled to continue to receive services from the agency which provides child welfare services and to receive monetary payments directly or to have such payments provided to another entity as designated in the plan developed pursuant to NRS 432B.595 in an amount not to exceed the rate of payment for foster care;

      (c) While under the jurisdiction of the court, the child will no longer be under the legal custody of the agency which provides child welfare services, and the proceedings concerning the child conducted pursuant to NRS 432B.410 to 432B.590, inclusive, will terminate;

      (d) The child may, at any time, request that jurisdiction over the child be terminated; and

      (e) If there is an issue concerning the child while under the jurisdiction of the court, the child and the agency which provides child welfare services agree to attempt to resolve the issue before requesting a hearing before the court to address the issue.

      5.  If an issue arises concerning a child who remains under the jurisdiction of the court, the child, the agency which provides child welfare services or the attorney assigned to the case may request a hearing before the court to address the issue. Before requesting such a hearing, the child and the agency which provides child welfare services must attempt to resolve the issue.

      6.  If the agency which provides child welfare services wishes to have the court terminate jurisdiction over the child, the agency which provides child welfare services must send a notice to the child and the attorney of the child informing the child and the attorney of the child that the child has 15 days after receipt of the notice in which to request an informal administrative review. If, during the administrative review, a resolution is not reached, the child or the attorney of the child may request a hearing before the court pursuant to subsection 5. If the child and the attorney of the child agree to have jurisdiction terminated or do not request an informal administrative review, the jurisdiction of the court must terminate upon notice to the court by the agency which provides child welfare services.

      7.  A child, while under the jurisdiction of the court pursuant to this section, is entitled to continue to receive services and monetary payments from the agency which provides child welfare services directly or to have such payments provided to another person or entity as designated in the plan developed pursuant to NRS 432B.595 in an amount not to exceed the rate of payment for foster care.

      8.  The court may issue any order which it deems appropriate or necessary to ensure:

      (a) That the agency which provides child welfare services provides the services and monetary payments which the child is entitled to receive; and

      (b) That the child who remains under the jurisdiction of the court is working towards achieving the goals of the plan developed pursuant to NRS 432B.595.

      (Added to NRS by 2011, 250)

      NRS 432B.595  Written plan to assist child to transition to independent living; duties of agency which provides child welfare services during period that court retains jurisdiction.

      1.  If the court retains jurisdiction over a child pursuant to NRS 432B.594, the agency which provides child welfare services shall develop a written plan to assist the child in transitioning to independent living. Such a plan must include, without limitation, the following goals:

      (a) That the child save enough money to pay for his or her monthly expenses for at least 3 months;

      (b) If the child has not graduated from high school or obtained a general equivalency diploma or an equivalent document, that the child remain enrolled in high school or a program to obtain a general equivalency diploma or an equivalent document until graduation or completion of the program;

      (c) If the child has graduated from high school or obtained a general equivalency diploma or an equivalent document, that the child:

             (1) Enroll in a program of postsecondary or vocational education;

             (2) Enroll or participate in a program or activity designed to promote or remove obstacles to employment; or

             (3) Obtain or actively seek employment which is at least 80 hours per month;

      (d) That the child secure housing;

      (e) That the child have adequate income to meet his or her monthly expenses;

      (f) That the child identify an adult who will be available to provide support to the child;

      (g) If applicable, that the child have established appropriate supportive services to address any mental health or developmental needs of the child; and

      (h) If a child is not capable of achieving one or more of the goals set forth in paragraphs (a) to (g), inclusive, that the child have goals which are appropriate for the child based upon the needs of the child.

      2.  During the period in which the court retains jurisdiction over the child, the agency which provides child welfare services shall:

      (a) Monitor the plan developed pursuant to subsection 1 and adjust the plan as necessary;

      (b) Contact the child by telephone at least once each month and in person at least quarterly;

      (c) Ensure that the child meets with a person who will provide guidance to the child and make the child aware of the services which will be available to the child; and

      (d) Conduct a meeting with the child at least 30 days, but not more than 45 days, before the jurisdiction of the court is terminated to determine whether the child requires any additional guidance.

      (Added to NRS by 2011, 252; A 2013, 3292)

ADVISORY BOARDS TO EXPEDITE PROCEEDINGS FOR PLACEMENT OF CHILDREN

      NRS 432B.602  Rural Advisory Board to Expedite Proceedings for Placement of Children: Creation; terms; vacancies; members serve without compensation; duties.

      1.  The Rural Advisory Board to Expedite Proceedings for the Placement of Children, consisting of two members from each local advisory board created by a district court pursuant to NRS 432B.604, is hereby created within the Division of Child and Family Services.

      2.  After the initial terms, the members of the Rural Advisory Board serve terms of 4 years. Any member of the Rural Advisory Board may be reappointed. If a vacancy occurs during the term of a member, the district court that created the local advisory board from which the member was appointed shall appoint a person to replace that member for the remainder of the unexpired term.

      3.  Members of the Rural Advisory Board serve without compensation, except that necessary travel and per diem expenses may be reimbursed, not to exceed the amounts provided for state officers and employees generally, to the extent that money is made available for that purpose.

      4.  The Division of Child and Family Services shall provide the Rural Advisory Board with administrative support and shall provide any information requested by the Rural Advisory Board to the Rural Advisory Board within 10 working days after receiving the request for information.

      5.  The Rural Advisory Board shall:

      (a) At its first meeting and annually thereafter, elect a Chair from among its members.

      (b) Meet at least four times annually and may meet at other times upon the call of the Chair.

      (c) Review the findings of each local advisory board created pursuant to NRS 432B.604.

      (d) Prepare and make available to the public an annual report, including, without limitation, a summary of the activities of the Rural Advisory Board.

      (Added to NRS by 1999, 2029)

      NRS 432B.604  Local advisory boards to expedite proceedings for placement of children: Creation; members; terms; vacancies; members serve without compensation; duties.

      1.  The district court in each judicial district that includes a county whose population is less than 100,000 shall create a local advisory board to expedite proceedings for the placement of children. The district court shall appoint to the local advisory board:

      (a) One member who is representative of foster parents;

      (b) One member who is representative of attorneys in public or private practice;

      (c) One member who is employed by the Division of Child and Family Services;

      (d) One member who is either employed by the public school system and works with children on a regular basis, or works in the field of mental health and works with children on a regular basis; and

      (e) One member who is a resident of the judicial district in which the local advisory board is created.

      2.  The district court shall provide for initial terms of each member of the local advisory board so that the terms are staggered. After the initial terms, the members of the local advisory board shall serve terms of 4 years. Any member of the local advisory board may be reappointed. If a vacancy occurs during the term of a member, the district court shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term. The district court may remove a member from the local advisory board if the member neglects his or her duty or commits malfeasance in office.

      3.  The district court shall appoint two members of the local advisory board to serve on the Rural Advisory Board created pursuant to NRS 432B.602.

      4.  Members of a local advisory board serve without compensation, and necessary travel and per diem expenses may not be reimbursed.

      5.  The Division of Child and Family Services shall provide each local advisory board with administrative support and shall provide any information requested by a local advisory board to the local advisory board within 10 working days after receiving the request for information.

      6.  Each local advisory board shall:

      (a) At its first meeting and annually thereafter, elect a chair from among its members.

      (b) Review each case referred to it pursuant to NRS 432B.606, and provide the referring court and the Office of the Attorney General with any recommendations to expedite the completion of the case.

      (c) Twice each year, provide a report of its activities and any recommendations to expedite the completion of cases to the district court, the Division of Child and Family Services and the Legislature, or the Legislative Commission when the Legislature is not in regular session.

      7.  A local advisory board may review other cases as deemed appropriate by the district court.

      (Added to NRS by 1999, 2030)

      NRS 432B.606  Referral of case by court to local advisory board.  If the court has not approved the permanent placement of a child within 12 months after the initial removal of the child from the child’s home, it shall refer the case to the local advisory board created pursuant to NRS 432B.604, if such a local advisory board was created for that judicial district, to obtain recommendations from the local advisory board to expedite the completion of the case.

      (Added to NRS by 1999, 2031)

COURT-ORDERED ADMISSION OF CERTAIN CHILDREN WITH EMOTIONAL DISTURBANCE TO CERTAIN FACILITIES

      NRS 432B.607  Definitions.  As used in NRS 432B.607 to 432B.6085, inclusive, unless the context otherwise requires, the words and terms defined in NRS 432B.6071 to 432B.6074, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2005, 1317; A 2009, 410)

      NRS 432B.6071  “Child with an emotional disturbance” defined.  “Child with an emotional disturbance” has the meaning ascribed to it in NRS 433B.045.

      (Added to NRS by 2005, 1317)

      NRS 432B.60715  “Court-ordered admission of a child” defined.  “Court-ordered admission of a child” includes, without limitation:

      1.  A child who is in the custody of an agency which provides child welfare services and who is not in a facility whom the court orders to be admitted to a facility; and

      2.  A child who has been placed in a facility under an emergency admission and whom the court orders to be admitted for the purpose of continuing the placement.

      (Added to NRS by 2009, 410)

      NRS 432B.6072  “Facility” defined.  “Facility” means a psychiatric hospital or facility which provides residential treatment for mental illness that has a unit in the hospital or facility capable of being locked to prevent a child with an emotional disturbance from leaving the hospital or facility.

      (Added to NRS by 2005, 1317)

      NRS 432B.6073  “Person professionally qualified in the field of psychiatric mental health” defined.  “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433A.018.

      (Added to NRS by 2005, 1318)

      NRS 432B.6074  “Treatment” defined.  “Treatment” has the meaning ascribed to it in NRS 433.224.

      (Added to NRS by 2005, 1318)

      NRS 432B.6075  Petition: Filing; certificate or statement of alleged emotional disturbance.

      1.  A proceeding for a court-ordered admission of a child alleged to be a child with an emotional disturbance who is in the custody of an agency which provides child welfare services to a facility may be commenced by the filing of a petition with the clerk of the court which has jurisdiction in proceedings concerning the child. The petition may be filed by the agency which provides child welfare services without the consent of a parent of the child. The petition must be accompanied:

      (a) By a certificate of a physician, psychiatrist or licensed psychologist stating that the physician, psychiatrist or licensed psychologist has examined the child alleged to be a child with an emotional disturbance and has concluded that the child has an emotional disturbance and, because of that condition, is likely to harm himself or herself or others if allowed liberty; or

      (b) By a sworn written statement by the petitioner that:

             (1) The petitioner has, based upon personal observation of the child alleged to be a child with an emotional disturbance, probable cause to believe that the child has an emotional disturbance and, because of that condition, is likely to harm himself or herself or others if allowed liberty; and

             (2) The child alleged to be a child with an emotional disturbance has refused to submit to examination or treatment by a physician, psychiatrist or licensed psychologist.

      2.  If a petition filed pursuant to this section is to continue the placement of the child after an emergency admission, the petition must be filed not later than 5 days after the emergency admission or the child must be released.

      (Added to NRS by 2005, 1318; A 2009, 410)

      NRS 432B.6076  Findings and order; alternative courses of treatment.

      1.  Except as otherwise provided in NRS 432B.6077, if the court finds, after proceedings for the court-ordered admission of a child alleged to be a child with an emotional disturbance who is in the custody of an agency which provides child welfare services to a facility, including, without limitation, an evidentiary hearing:

      (a) That there is not clear and convincing evidence that the child with respect to whom the hearing was held exhibits observable behavior such that the child is likely to harm himself or herself or others if allowed liberty, the court shall enter its finding to that effect and the child must not be admitted to a facility.

      (b) That there is clear and convincing evidence that the child with respect to whom the hearing was held is in need of treatment in a facility and is likely to harm himself or herself or others if allowed liberty, the court may order the admission of the child for the most appropriate course of treatment. The order of the court must be interlocutory and must not become final if, within 30 days after the admission, the child is unconditionally released from the facility pursuant to NRS 432B.6084.

      2.  Before issuing an order for admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive appropriate environment as suggested by the evaluation team who evaluated the child, or other persons professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the child.

      (Added to NRS by 2005, 1318; A 2009, 411)

      NRS 432B.6077  Petition required before child may be placed in facility other than under emergency admission; psychological examination of child required under certain circumstances; placement in less restrictive environment; any person may oppose petition.

      1.  An agency which provides child welfare services shall not place a child who is in the custody of the agency in a facility, other than under an emergency admission, unless the agency has petitioned the court for the court-ordered admission of the child to a facility pursuant to NRS 432B.6075.

      2.  If a petition for the court-ordered admission of a child filed pursuant to NRS 432B.6075 is accompanied by the information described in paragraph (b) of subsection 1 of NRS 432B.6075, the court shall order a psychological evaluation of the child.

      3.  If a court which receives a petition filed pursuant to NRS 432B.6075 for the court-ordered admission to a facility of a child who is in the custody of an agency which provides child welfare services determines pursuant to subsection 2 of NRS 432B.6076 that the child could be treated effectively in a less restrictive appropriate environment than a facility, the court must order the placement of the child in a less restrictive appropriate environment. In making such a determination, the court may consider any information provided to the court, including, without limitation:

      (a) Any information provided pursuant to subsection 4;

      (b) Any suggestions of psychologists, psychiatrists or other physicians who have evaluated the child concerning the appropriate environment for the child; and

      (c) Any suggestions of licensed clinical social workers or other professionals or any adult caretakers who have interacted with the child and have information concerning the appropriate environment for the child.

      4.  If a petition for the court-ordered admission of a child who is in the custody of an agency which provides child welfare services is filed pursuant to NRS 432B.6075:

      (a) Any person, including, without limitation, the child, may oppose the petition for the court-ordered admission of the child by filing a written opposition with the court or stating the opposition in court; and

      (b) The agency which provides child welfare services must present information to the court concerning whether:

             (1) A facility is the appropriate environment to provide treatment to the child; or

             (2) A less restrictive appropriate environment would serve the needs of the child.

      (Added to NRS by 2005, 1318; A 2009, 411)

      NRS 432B.6078  Provision of information and assistance to child; second examination of child.

      1.  Not later than 5 days after a child who is in the custody of an agency which provides child welfare services has been admitted to a facility pursuant to NRS 432B.6076, the agency which provides child welfare services shall inform the child of his or her legal rights and the provisions of NRS 432B.607 to 432B.6085, inclusive, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS and NRS 435.530 to 435.635, inclusive, and, if the child or the child’s attorney desires, assist the child in requesting the court to authorize a second examination by an evaluation team that includes a physician, psychiatrist or licensed psychologist who are not employed by, connected to or otherwise affiliated with the facility other than a physician, psychiatrist or licensed psychologist who performed an original examination which authorized the court to order the admission of the child to the facility. A second examination must be conducted not later than 5 business days after the court authorizes the examination.

      2.  If the court authorizes a second examination of the child, the examination must:

      (a) Include, without limitation, an evaluation concerning whether the child should remain in the facility and a recommendation concerning the appropriate placement of the child which must be provided to the facility; and

      (b) Be paid for by the governmental entity that is responsible for the agency which provides child welfare services, if such payment is not otherwise provided by the State Plan for Medicaid.

      (Added to NRS by 2005, 1319; A 2009, 412; 2013, 3002)

      NRS 432B.6079  Considerations for court in issuing or renewing order.  In determining pursuant to NRS 432B.6076 and 432B.608 whether to issue or renew an order for the admission of a child who is in the custody of an agency which provides child welfare services to a facility, the court shall consider:

      1.  The reports of any examinations or evaluations of a child by any psychologist, psychiatrist or other physician;

      2.  Any information concerning the child provided to the court by a licensed clinical social worker or other professional or any adult caretaker who is knowledgeable about the child or a guardian ad litem appointed for the child pursuant to NRS 432B.500;

      3.  The wishes of the child concerning care, treatment and training and placement in a facility;

      4.  The best interests of the child, including, without limitation, whether the court believes the child might experience any psychological trauma from court-ordered admission;

      5.  Any alternative care, treatment or training options; and

      6.  Any other information the court deems relevant concerning the child.

      (Added to NRS by 2005, 1320)

      NRS 432B.608  Expiration and renewal of admission.

      1.  If the court issues an order for the admission to a facility of a child who is in the custody of an agency which provides child welfare services pursuant to NRS 432B.6076, the admission automatically expires at the end of 90 days if not terminated previously by the facility as provided for in subsection 2 of NRS 432B.6084.

      2.  At the end of the court-ordered period of treatment, the agency which provides child welfare services, the Division of Child and Family Services or any facility may petition to renew the admission of the child for additional periods not to exceed 60 days each.

      3.  For each renewal, the petition must set forth the specific reasons why further treatment in the facility would be in the best interests of the child and the court shall apply the same standards when considering a petition to renew the admission of the child as were applied for the original petition for the court-ordered admission of the child.

      (Added to NRS by 2005, 1320; A 2009, 413)

      NRS 432B.6081  Plan for continued care, treatment and training of child upon discharge.  A facility which provides care, treatment or training to a child who is in the custody of an agency which provides child welfare services and who is admitted to the facility pursuant to NRS 432B.6076 shall develop a plan, in consultation with the child, for the continued care, treatment and training of the child upon discharge from the facility. The plan must:

      1.  Be developed not later than 10 days after the child is admitted to the facility;

      2.  Be submitted to the court after each period of admission ordered by the court pursuant to NRS 432B.6076 in the manner set forth in NRS 432B.608; and

      3.  Include, without limitation:

      (a) The anticipated date of discharge of the child from the facility;

      (b) The name of any psychiatrist or psychologist who will provide care, treatment or training to the child after the child is discharged from the facility, if appropriate;

      (c) A plan for any appropriate care, treatment or training for the child for at least 30 days after the child is discharged from the facility; and

      (d) The suggested placement of the child after the child is discharged from the facility.

      (Added to NRS by 2005, 1320; A 2009, 413)

      NRS 432B.6082  Personal rights.  In addition to the personal rights set forth in NRS 432B.607 to 432B.6085, inclusive, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS, and NRS 435.530 to 435.635, inclusive, a child who is in the custody of an agency which provides child welfare services and who is admitted to a facility has the following personal rights, a list of which must be prominently posted in all facilities providing evaluation, treatment or training services to such children and must be otherwise brought to the attention of the child by such additional means as prescribed by regulation:

      1.  To receive an education as required by law; and

      2.  To receive an allowance from the agency which provides child welfare services in an amount equivalent to any allowance required to be provided to children who reside in foster homes.

      (Added to NRS by 2005, 1321; A 2013, 3002)

      NRS 432B.6083  Conditional release: No liability of State; notice to court and attorney of agency; order to return to facility; judicial review of order to return to facility.

      1.  Except as otherwise provided in subsection 3, any child who is admitted to a facility by a court pursuant to NRS 432B.6076 may be conditionally released from the facility when, in the judgment of the medical director of the facility, the conditional release is in the best interest of the child and will not be detrimental to the public welfare. The medical director of the facility or the designee of the medical director shall prescribe the period for which the conditional release is effective. The period must not extend beyond the last day of the court-ordered period of treatment specified pursuant to NRS 432B.608.

      2.  When a child is conditionally released pursuant to subsection 1, the State or a county, or any of its agents or employees, is not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the child.

      3.  A child who was admitted by a court because the child was likely to harm others if allowed to remain at liberty may be conditionally released only if, at the time of the release, written notice is given to the court which admitted the child and to the attorney of the agency which provides child welfare services that initiated the proceedings for admission.

      4.  Except as otherwise provided in subsection 6, the administrative officer of a facility or the designee of the administrative officer shall order a child who is conditionally released from that facility pursuant to this section to return to the facility if a psychiatrist and a member of that child’s treatment team who is professionally qualified in the field of psychiatric mental health determine that the conditional release is no longer appropriate because that child presents a clear and present danger of harm to himself or herself or others. Except as otherwise provided in this subsection, the administrative officer or the designee of the administrative officer shall, at least 3 days before the issuance of the order to return, give written notice of the order to the court that admitted the child to the facility. If an emergency exists in which the child presents an imminent threat of danger of harm to himself or herself or others, the order must be submitted to the court not later than 1 business day after the order is issued.

      5.  The court shall review an order submitted pursuant to subsection 4 and the current condition of the child who was ordered to return to the facility at its next regularly scheduled hearing for the review of petitions for court-ordered admissions, but in no event later than 5 judicial days after the child is returned to the facility. The administrative officer or the designee of the administrative officer shall give written notice to the agency which provides child welfare services, to the child who was ordered to return to the facility and to the child’s attorney of the time, date and place of the hearing and of the facts necessitating that child’s return to the facility.

      6.  The provisions of subsection 4 do not apply if the period of conditional release has expired.

      (Added to NRS by 2005, 1321)

      NRS 432B.6084  Release without further order of court; early release.

      1.  When a child who is admitted to a facility by a court pursuant to NRS 432B.6076 is released at the end of the court-ordered period of treatment specified pursuant to NRS 432B.608, written notice must be given to the admitting court at least 10 days before the release of the child. The child may then be released without requiring further orders of the court.

      2.  A child who is admitted to a facility by a court pursuant to NRS 432B.6076 may be unconditionally released before the court-ordered period of treatment specified in NRS 432B.608 when:

      (a) An evaluation team, including, without limitation, an evaluation team that conducts an examination pursuant to NRS 432B.6078, or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, determines that the child has recovered from any emotional disturbance or has improved to such an extent that the child is no longer considered to present a clear and present danger of harm to himself or herself or others; and

      (b) Under advisement from the evaluation team or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, the medical director of the facility authorizes the release and gives written notice to the admitting court at least 10 days before the release of the child.

      (Added to NRS by 2005, 1322)

      NRS 432B.6085  Children’s rights; application of various provisions of chapters 433 and 435 of NRS and all of chapters 433A and 433B of NRS to children in custody of agency which provides child welfare services.

      1.  Nothing in this chapter purports to deprive any person of any legal rights without due process of law.

      2.  Unless the context clearly indicates otherwise, the provisions of NRS 432B.607 to 432B.6085, inclusive, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS and NRS 435.530 to 435.635, inclusive, apply to all children who are in the custody of an agency which provides child welfare services.

      (Added to NRS by 2005, 1322; A 2013, 3002)

SEXUAL ABUSE OR SEXUAL EXPLOITATION OF CHILDREN UNDER AGE OF 18 YEARS

      NRS 432B.610  Training of certain peace officers for detection and investigation of and response to cases of sexual abuse or sexual exploitation of children; regulations.

      1.  The Peace Officers’ Standards and Training Commission shall:

      (a) Require each category I peace officer to complete a program of training for the detection and investigation of and response to cases of sexual abuse or sexual exploitation of children under the age of 18 years.

      (b) Not certify any person as a category I peace officer unless the person has completed the program of training required pursuant to paragraph (a).

      (c) Establish a program to provide the training required pursuant to paragraph (a).

      (d) Adopt regulations necessary to carry out the provisions of this section.

      2.  As used in this section, “category I peace officer” means:

      (a) Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;

      (b) Personnel of the Nevada Highway Patrol whose principal duty is to enforce one or more laws of this State, and any person promoted from such a duty to a supervisory position related to such a duty;

      (c) Marshals, police officers and correctional officers of cities and towns;

      (d) Members of the Police Department of the Nevada System of Higher Education;

      (e) Employees of the Division of State Parks of the State Department of Conservation and Natural Resources designated by the Administrator of the Division who exercise police powers specified in NRS 289.260;

      (f) The Chief, investigators and agents of the Investigation Division of the Department of Public Safety; and

      (g) The personnel of the Department of Wildlife who exercise those powers of enforcement conferred by title 45 and chapter 488 of NRS.

      (Added to NRS by 1993, 1335; A 1995, 559; 1999, 2429; 2001, 2614; 2003, 1564; 2005, 674)

      NRS 432B.620  Certification of peace officers who regularly investigate cases of sexual abuse or sexual exploitation of children; regulations.

      1.  A peace officer assigned to investigate regularly cases of sexual abuse or sexual exploitation of children under the age of 18 years must be certified to carry out those duties by the Peace Officers’ Standards and Training Commission.

      2.  The Peace Officers’ Standards and Training Commission shall require each peace officer assigned to investigate regularly cases of sexual abuse or sexual exploitation of children under the age of 18 years to complete, within 1 year after the peace officer is assigned to investigate those cases and each year thereafter, a program of training for the detection and investigation of and response to cases of sexual abuse or sexual exploitation of children under the age of 18 years.

      3.  If a law enforcement agency does not have a peace officer who is certified to investigate cases of sexual abuse or sexual exploitation of children under the age of 18 years pursuant to NRS 432B.610, it may consult with a peace officer of another law enforcement agency who is so certified.

      4.  The Peace Officers’ Standards and Training Commission shall:

      (a) Establish the program of training required pursuant to subsection 2.

      (b) Adopt regulations necessary to carry out the provisions of this section.

      5.  The provisions of this section do not prohibit a peace officer who is not certified to investigate cases of sexual abuse or sexual exploitation of children under the age of 18 years pursuant to NRS 432B.610 from testifying or presenting evidence at any proceeding relating to the sexual abuse or sexual exploitation of a child under the age of 18 years.

      (Added to NRS by 1993, 1336; A 1999, 2430)

KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM

      NRS 432B.621  “Program” defined.  As used in NRS 432B.621 to 432B.626, inclusive, unless the context otherwise requires, “Program” means the Kinship Guardianship Assistance Program established and administered by the Department pursuant to NRS 432B.622.

      (Added to NRS by 2011, 538)

      NRS 432B.622  Department to establish and administer Program; agency which provides child welfare services authorized to enter into agreement to provide assistance to relative of child pursuant to Program.

      1.  The Department, through a division of the Department designated by the Director, shall establish and administer the Kinship Guardianship Assistance Program to provide assistance pursuant to the provisions of NRS 432B.621 to 432B.626, inclusive, and 42 U.S.C. §§ 671 and 673.

      2.  The Department shall adopt a state plan for the administration of the Program.

      3.  An agency which provides child welfare services may enter into an agreement to provide assistance to a relative of a child pursuant to the Program. Such an agreement may be entered into with a relative who is located outside the State of Nevada. If a guardianship for the child is established in the other state, the agency which provides child welfare services must comply with any order of the court of the state in which the child resides concerning the guardianship.

      (Added to NRS by 2011, 538)

      NRS 432B.623  Qualifications for assistance pursuant to Program; placement of sibling of child who is eligible for assistance.

      1.  As a condition to the provision of assistance pursuant to the Program:

      (a) A child must:

             (1) Have been removed from his or her home:

                   (I) Pursuant to a written agreement voluntarily entered by the parent or guardian of the child and an agency which provides child welfare services; or

                   (II) By a court which has determined that it is in the best interests of the child for the child to remain in protective custody or to be placed in temporary or permanent custody outside his or her home;

             (2) For not less than 6 consecutive months, have been eligible to receive maintenance pursuant to Part E of Title IV of the Social Security Act, 42 U.S.C. §§ 670 et seq., while residing with the relative of the child;

             (3) Not have as an option for permanent placement the return to the home or the adoption of the child;

             (4) Demonstrate a strong attachment to the relative;

             (5) If the child is 14 years of age or older, be consulted regarding the guardianship arrangement; and

             (6) Meet any other requirements for eligibility set forth in 42 U.S.C. §§ 671 and 673.

      (b) A relative of the child must:

             (1) Demonstrate a strong commitment to caring for the child permanently;

             (2) Be a provider of foster care as defined in NRS 424.017;

             (3) Enter into a written agreement for assistance with an agency which provides child welfare services before the relative is appointed as the legal guardian of the child;

             (4) Be appointed as the legal guardian of the child by a court of competent jurisdiction and comply with any requirements imposed by the court; and

             (5) Meet any other requirements for eligibility set forth in 42 U.S.C. §§ 671 and 673.

      2.  If the sibling of a child who is eligible for assistance pursuant to the Program is not eligible for such assistance, the sibling may be placed with the child who is eligible for assistance upon approval of the agency which provides child welfare services and the relative. In such a case, payments may be made for the sibling so placed as if the sibling is eligible for the Program.

      (Added to NRS by 2011, 539; A 2013, 1454)

      NRS 432B.624  Required provisions in agreement for assistance entered into pursuant to Program; eligibility for federal assistance for adoption not affected by such agreement.

      1.  An agreement for assistance entered into pursuant to the Program must include, without limitation:

      (a) The amount of assistance provided under the agreement for each eligible child, which must not exceed the amount that the agency which provides child welfare services would provide to a foster parent if the child had been placed in foster care;

      (b) The manner in which the assistance will be provided;

      (c) The manner in which the agency which provides child welfare services may periodically adjust the amount of assistance, in consultation with the relative, based on the circumstances of the relative and the child;

      (d) Any additional services or assistance that the child or relative may be eligible to receive under the agreement and a description of those services or assistance;

      (e) The procedure by which the relative may apply for additional services or assistance, as needed; and

      (f) Any other requirements set forth in 42 U.S.C. §§ 671 and 673.

      2.  The agency which provides child welfare services shall provide a copy of the agreement to the relative before he or she is appointed as the legal guardian of the child.

      3.  An agreement for assistance entered into pursuant to the Program remains in effect even if the relative changes the state of his or her residence.

      4.  An agreement made pursuant to this section does not affect the eligibility of the child to receive federal assistance for his or her adoption if the child is later adopted.

      (Added to NRS by 2011, 539)

      NRS 432B.625  Background checks required before entering into agreement with relative for assistance pursuant to Program.

      1.  An agency which provides child welfare services shall, before entering into an agreement for assistance pursuant to the Program, obtain from appropriate law enforcement agencies information on the background and personal history of each relative of a child who seeks assistance pursuant to the Program and each resident of the home of such relative who is 18 years of age or older, to determine whether the person investigated has been arrested for or convicted of any crime.

      2.  The relative and each resident of the home of such relative must submit to the agency which provides child welfare services or its approved designee:

      (a) A complete set of fingerprints and written permission authorizing the agency or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report to enable the agency or its approved designee to conduct an investigation pursuant to this subsection; and

      (b) Written permission to conduct a child abuse and neglect screening.

      (Added to NRS by 2011, 540)

      NRS 432B.626  Agency which provides child welfare services to include certain information in case plan of child whose legal guardian receives assistance pursuant to Program.  If a child is appointed a legal guardian who receives assistance pursuant to the Program, an agency which provides child welfare services shall document in the case plan maintained for the child:

      1.  The steps taken by the agency which provides child welfare services to determine that adoption or returning the child to his or her home is not an appropriate placement for the child.

      2.  The reason that the child was separated from any siblings during placement, if applicable.

      3.  The reasons that a permanent placement with a relative is in the best interests of the child.

      4.  That the child meets the requirements for eligibility set forth in NRS 432B.623.

      5.  The efforts made by the agency which provides child welfare services to discuss adoption of the child by the relative as an alternative to appointment as the legal guardian of the child and the reason that the relative has chosen not to pursue adoption.

      6.  The efforts made by the agency which provides child welfare services to discuss with the natural parent of the child the agreement to provide assistance to a relative or the reason that the agency was unable to discuss the agreement with the natural parent of the child, as applicable.

      (Added to NRS by 2011, 540)

MISCELLANEOUS PROVISIONS

      NRS 432B.630  Delivery of newborn child to provider of emergency services.

      1.  A provider of emergency services shall take immediate possession of a child who is or appears to be not more than 30 days old:

      (a) When:

             (1) The child is voluntarily delivered to the provider by a parent of the child; and

             (2) The parent does not express an intent to return for the child; or

      (b) When the child is delivered to the provider by another provider of emergency services pursuant to paragraph (b) of subsection 2.

      2.  A provider of emergency services who takes possession of a child pursuant to subsection 1 shall:

      (a) Whenever possible, inform the parent of the child that:

             (1) By allowing the provider to take possession of the child, the parent is presumed to have abandoned the child;

             (2) By failing or refusing to provide an address where the parent can be located, the parent waives any notice of the hearing to be conducted pursuant to NRS 432B.470; and

             (3) Unless the parent contacts the local agency which provides child welfare services, action will be taken to terminate his or her parental rights regarding the child.

      (b) Perform any act necessary to maintain and protect the physical health and safety of the child. If the provider is a public fire-fighting agency, a volunteer fire department, a law enforcement agency or an ambulance service, the provider shall immediately cause the safe delivery of the child to a hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS.

      (c) As soon as reasonably practicable but not later than 24 hours after the provider takes possession of the child, report that possession to an agency which provides child welfare services and, if the provider is not a law enforcement agency, to a law enforcement agency. The law enforcement agency shall notify the Clearinghouse and investigate further, if necessary, using any other resources to determine whether the child has been reported as a missing child. Upon conclusion of the investigation, the law enforcement agency shall inform the agency which provides child welfare services of its determination. The agency which provides child welfare services shall maintain that information for statistical and research purposes.

      3.  A parent who delivers a child to a provider of emergency services pursuant to paragraph (a) of subsection 1:

      (a) Shall leave the child:

             (1) In the physical possession of a person who the parent has reasonable cause to believe is an employee of the provider; or

             (2) On the property of the provider in a manner and location that the parent has reasonable cause to believe will not threaten the physical health or safety of the child, and immediately contact the provider, through the local emergency telephone number or otherwise, and inform the provider of the delivery and location of the child. A provider of emergency services is not liable for any civil damages as a result of any harm or injury sustained by a child after the child is left on the property of the provider pursuant to this subparagraph and before the provider is informed of the delivery and location of the child pursuant to this subparagraph or the provider takes physical possession of the child, whichever occurs first.

      (b) Shall be deemed to have given consent to the performance of all necessary emergency services and care for the child.

      (c) Must not be required to provide any background or medical information regarding the child, but may voluntarily do so.

      (d) Unless there is reasonable cause to believe that the child has been abused or neglected, excluding the mere fact that the parent has delivered the child to the provider pursuant to subsection 1:

             (1) Must not be required to disclose any identifying information, but may voluntarily do so;

             (2) Must be allowed to leave at any time; and

             (3) Must not be pursued or followed.

      4.  As used in this section:

      (a) “Clearinghouse” has the meaning ascribed to it in NRS 432.150.

      (b) “Provider of emergency services” means:

             (1) A hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS;

             (2) A public fire-fighting agency, including, without limitation, a volunteer fire department;

             (3) A law enforcement agency; or

            (4) An ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS.

      (Added to NRS by 2001, 1254; A 2001 Special Session, 56; 2003, 236; 2011, 1932; 2013, 1090)

      NRS 432B.640  Assessment of child who may need counseling as result of battery that constitutes domestic violence; provision of evaluation or counseling.

      1.  Upon receiving a referral from a court pursuant to subsection 7 of NRS 200.485, an agency which provides child welfare services may, as appropriate, conduct an assessment to determine whether a psychological evaluation or counseling is needed by a child.

      2.  If an agency which provides child welfare services conducts an assessment pursuant to subsection 1 and determines that a psychological evaluation or counseling would benefit the child, the agency may, with the approval of the parent or legal guardian of the child:

      (a) Conduct the evaluation or counseling; or

      (b) Refer the child to a person that has entered into an agreement with the agency to provide those services.

      (Added to NRS by 2001, 2487; A 2009, 97)

TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF CHILDREN

      NRS 432B.700  Creation; membership. [Effective through June 30, 2014.]

      1.  The Task Force on the Prevention of Sexual Abuse of Children is hereby created within the Division of Child and Family Services.

      2.  The Task Force consists of 15 members as follows:

      (a) One member of the Senate and one member of the public, each appointed by the Majority Leader of the Senate;

      (b) One member of the Senate and one member of the public, each appointed by the Minority Leader of the Senate;

      (c) One member of the Assembly and one member of the public, each appointed by the Speaker of the Assembly;

      (d) One member of the Assembly and one member of the public, each appointed by the Minority Leader of the Assembly;

      (e) The Administrator of the Division of Child and Family Services or the designee of the Administrator;

      (f) The Superintendent of Public Instruction or the designee of the Superintendent;

      (g) The Attorney General or the designee of the Attorney General;

      (h) A representative of an agency that is involved in the investigation, prosecution and treatment of cases of the sexual abuse of children in this State, appointed by the Administrator of the Division of Child and Family Services;

      (i) Two representatives of different statewide organizations of professional teachers, each appointed by the head of his or her organization, with the organizations of professional teachers to be chosen by the Superintendent of Public Instruction; and

      (j) A representative of an organization involved in the prevention of the sexual abuse of children in this State, appointed by the Administrator of the Division of Child and Family Services.

      3.  Each member of the Task Force must be involved actively in one or more aspects of the prevention of the sexual abuse of children and the promotion of child welfare in this State.

      (Added to NRS by 2013, 1152)

      NRS 432B.710  Election of Chair and Vice Chair; meetings; quorum; compensation; vacancies. [Effective through June 30, 2014.]

      1.  The members of the Task Force on the Prevention of Sexual Abuse of Children shall, by a majority vote, elect a Chair and a Vice Chair from among their number.

      2.  The members of the Task Force shall meet at the call of the Chair not more than 6 times. The Task Force shall prescribe rules for its management and government.

      3.  A majority of the members of the Task Force constitutes a quorum, and a quorum may exercise all the powers conferred on the Task Force.

      4.  The members of the Task Force serve without compensation.

      5.  Vacancies on the Task Force must be filled in the same manner as original appointments.

      6.  The Administrator of the Division of Child and Family Services shall provide the Task Force with administrative support.

      7.  The Task Force shall comply with the provisions of chapter 241 of NRS.

      (Added to NRS by 2013, 1152)

      NRS 432B.720  Recommendations of Task Force. [Effective through June 30, 2014.]

      1.  The Task Force on the Prevention of Sexual Abuse of Children may recommend a policy addressing the sexual abuse of children in this State that may include, without limitation:

      (a) Age-appropriate curriculum for pupils in prekindergarten through grade 5;

      (b) Training for school personnel;

      (c) Providing educational information in school handbooks, pamphlets and other materials, for parents and guardians, including, without limitation:

             (1) The warning signs of sexual abuse of children; and

             (2) Assistance, referral or information concerning resources; and

      (d) The provision of:

             (1) Counseling and other resources available to any child in this State affected by sexual abuse; and

             (2) Emotional and educational support for any child in this State who has experienced sexual abuse, to allow the child to succeed in school.

      2.  Any policy recommended pursuant to this section may address, without limitation:

      (a) Methods to increase awareness in teachers, students and parents of issues regarding the sexual abuse of children, including, without limitation, warning signs that a child might be a victim of sexual abuse;

      (b) Actions that a child who is the victim of sexual abuse can take to obtain assistance and intervention; and

      (c) Counseling options available for students affected by sexual abuse.

      (Added to NRS by 2013, 1153)

      NRS 432B.730  Recommendations for legislation; final report. [Effective through June 30, 2014.]

      1.  The Task Force on the Prevention of Sexual Abuse of Children shall recommend to the Governor and the Legislature measures intended to reduce the incidence of the sexual abuse of children in this State. The Task Force may recommend, without limitation, specific legislation and methods to foster cooperation among state agencies and between the State and local governments. The Task Force shall, not later than June 30, 2014, submit a final report of its recommendations to the Director of the Legislative Counsel Bureau for transmission to the Governor and the next regular session of the Nevada Legislature.

      2.  In exercising the duties prescribed in subsection 1, the Task Force shall:

      (a) Gather information concerning the sexual abuse of children in this State;

      (b) Receive reports and testimony from persons, State and local governmental entities, community-based organizations and other public and private organizations;

      (c) Consult with employees of the Division of Child and Family Services, the Department of Public Safety, the Department of Education and any other state agency or department as necessary to accomplish the duties of the Task Force; and

      (d) Recommend goals and policies to prevent the sexual abuse of children in this State.

      (Added to NRS by 2013, 1153)