NRS: CHAPTER 432 - PUBLIC SERVICES FOR CHILDREN

[Rev. 1/17/2009 1:46:02 PM]

CHAPTER 432 - PUBLIC SERVICES FOR CHILDREN

GENERAL PROVISIONS

NRS 432.011 Division: Purposes; duties.

NRS 432.0115 Division: Bureaus; administrative sections.

NRS 432.012 Appointment and qualifications of Administrator of Division.

NRS 432.0125 Appointment of chiefs of bureaus of Division; powers and duties of Administrator of Division.

NRS 432.013 Classifications of superintendents of youth centers and facilities for detention of children; classifications of chiefs of bureaus of Division.

NRS 432.0135 Duties of chiefs of bureaus of Division; restrictions on other employment.

NRS 432.014 Fees for services rendered through programs of Division.

NRS 432.0145 Gifts and grants to Division.

NRS 432.015 Issuance and enforcement of subpoenas for certain hearings.

NRS 432.0155 Establishment of standards for receipt of federal money and programs concerning juveniles, child welfare and child welfare services; development of state plans by Administrator of Division.

NRS 432.016 Nevada Children’s Gift Account.

NRS 432.0165 Nevada Children’s Gift Revolving Account.

NRS 432.017 Account to Assist Persons Formerly in Foster Care.

NRS 432.0175 Contract for provision of shelter and care for certain children: Limitations; regulations.

NRS 432.0177 Transfer of child to out-of-state facility; inspection of facility and interview of child required.

NRS 432.020 Duties of agencies which provide child welfare services.

NRS 432.025 Limitations on use of federal payments for maintenance of children in foster care.

NRS 432.027 Agency which provides child welfare services to provide notice of whether person will be considered for approval as adoptive parent or provider of foster care.

NRS 432.030 Restriction on provision of maintenance and special services by employee of agency which provides child welfare services.

NRS 432.0305 Duties of Department.

NRS 432.031 Department designated agency for administration of federal money for child welfare; acceptance of increase in benefits from Federal Government; certain agencies which provide child welfare services required to enter into agreements to maximize federal money.

NRS 432.032 Regulations.

NRS 432.033 Division authorized to prescribe forms for reports and records.

NRS 432.034 Written statements of responsible relatives of applicants or recipients not required to be sworn under oath; perjury.

NRS 432.035 Division required to adopt regulations relating to custody, use and preservation of records, files and communications filed with Division and agency which provides child welfare services; publication, disclosure or use of certain confidential information prohibited.

NRS 432.036 Limitations on assistance.

NRS 432.037 Creation of Trust Fund for Child Welfare; duties of Division; deposit of money in trust fund for child welfare established in county treasury in certain counties and disbursement from fund.

NRS 432.038 Division and agency which provides child welfare services authorized to maintain account for purchase of records of vital statistics to perform work.

NRS 432.039 Agency which provides child welfare services authorized to petition for appointment as guardian of child in its lawful custody; waiver of fees, charges and bond for appointment as guardian.

NRS 432.040 State participation in payment of expenses of maintenance and special services.

NRS 432.050 State Child Welfare Services Account.

NRS 432.070 Procedure for drawing and paying warrants in certain counties.

NRS 432.075 Agencies which provide child welfare services in certain counties required to furnish list of claimants entitled to payments and amounts to county comptroller and Administrator of Division; payment to claimants.

NRS 432.080 Administrative expenses of Division.

NRS 432.085 Liability of parents for maintenance and special services provided to child placed in custody of agency which provides child welfare services; enforcement.

NRS 432.091 Provisions inapplicable to Program for Child Care and Development.

NRS 432.095 Creation and administration of Placement Prevention Revolving Account; authorization of boards of county commissioners in certain counties to establish account for payment of claims of recipients of goods or services from agency which provides child welfare services.

STATEWIDE CENTRAL REGISTRY FOR THE COLLECTION OF INFORMATION CONCERNING THE ABUSE OR NEGLECT OF A CHILD

NRS 432.0999 “Central Registry” defined.

NRS 432.100 Establishment, maintenance and contents; release of information under certain circumstances; access to information.

NRS 432.110 Maintenance of records concerning request or receipt of information.

NRS 432.120 Release of information; deletion of information; regulations.

NRS 432.130 Unlawful release of data or information; penalty.

CHILDREN’S TRUST ACCOUNT

NRS 432.131 Creation; uses; interest and income to remain in Account; no reversion to State General Fund.

NRS 432.133 Administration by Director; awards of money; report to Legislature by Director; review of requests for awards by Grants Management Advisory Committee.

FINGERPRINTS FOR IDENTIFICATION OF CHILDREN

NRS 432.140 Creation of card; limitations on possession and use of card; standards required for fingerprints.

MISSING OR EXPLOITED CHILDREN

NRS 432.150 Definitions.

NRS 432.153 Legislative intent.

NRS 432.154 Account for License Plates for Support of Missing or Exploited Children.

NRS 432.155 Priority for cases concerning abducted children.

NRS 432.157 Office of Advocate for Missing or Exploited Children: Creation; duties; cooperation of district attorney or local law enforcement agency.

NRS 432.160 Bulletin concerning missing children: Preparation and distribution by Director; contents.

NRS 432.170 Program to coordinate activities and information concerning missing children: Establishment by Attorney General; appointment, powers and duties of Director.

NRS 432.180 Annual report of Attorney General to be submitted to Governor and Legislative Counsel Bureau concerning missing or exploited children.

NRS 432.185 Law enforcement agency: Required to act promptly in obtaining certain warrants.

NRS 432.190 Law enforcement agency: Delay before action on report of missing child prohibited; evaluation of information.

NRS 432.200 Duties of law enforcement agency receiving report of missing child; request for and use of identifying information; notification that child is found or returned.

NRS 432.205 Duties of law enforcement agency, Clearinghouse, governmental agency and superintendent of schools upon receiving report of missing child.

NRS 432.210 Cooperation with Attorney General of United States concerning missing children.

NRS 432.220 Agreement with Secretary of United States Department of Health and Human Services concerning absent parent or child.

STATEWIDE ALERT SYSTEM FOR THE SAFE RETURN OF ABDUCTED CHILDREN

NRS 432.300 Definitions.

NRS 432.310 “Broadcaster” defined.

NRS 432.320 “Committee” defined.

NRS 432.330 “System” defined.

NRS 432.340 Creation; composition; administration; requirements for participation in System.

NRS 432.350 Committee for the Statewide Alert System: Creation; membership; Chairman and Vice Chairman; terms; vacancies; members serve without compensation.

NRS 432.360 Committee for the Statewide Alert System: Duties; powers.

NRS 432.370 Activation by law enforcement agency to broadcast emergency bulletin on behalf of abducted child; review of completed activation by Committee for the Statewide Alert System.

NRS 432.380 Immunity of broadcaster from civil liability based on broadcast of information; immunity of person who establishes or maintains website for System from civil liability based on information placed on website.

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GENERAL PROVISIONS

NRS 432.010 Definitions. As used in this chapter, except as otherwise defined by specific statute or unless the context otherwise requires:

1. “Administrator” means the Administrator of the Division.

2. “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

3. “Child” means a person less than 18 years of age or, if in school, until graduation from high school.

4. “Department” means the Department of Health and Human Services.

5. “Director” means the Director of the Department.

6. “Division” means the Division of Child and Family Services of the Department.

7. “Maintenance” means general expenses for care such as board, shelter, clothing, transportation and other necessary or incidental expenses, or any of them, or monetary payments therefor.

8. “Special services” means medical, hospital, psychiatric, surgical or dental services, or any combination thereof.

(Added to NRS by 1960, 326; A 1963, 932; 1967, 1167, 1366; 1993, 2701; 2001 Special Session, 28; 2005, 22nd Special Session, 44)

NRS 432.011 Division: Purposes; duties.

1. The purposes of the Division are to:

(a) Provide a comprehensive state system for the coordination and provision of services to children and families who need assistance relating to juvenile justice and the care, welfare and mental health of children.

(b) Aid in the preservation, rehabilitation and reunification of families.

(d) Coordinate and provide services for youth who are in need of residential care or in need of treatment, or both.

2. In accomplishing its purposes, the Division shall:

(a) Establish and coordinate a system for:

(1) The diagnosis and assessment of the needs of particular children and families, including those in need of multiple services;

(2) The referral of children and families to appropriate services; and

(3) The management and monitoring of cases in which children and families are referred to multiple services.

(b) Plan and coordinate the provision of services for the support of families to:

(1) Maintain the integrity of families;

(2) Ensure that children are not unnecessarily removed from their homes; and

(3) Ensure that families are reunited as soon as practicable after the removal of children from their homes.

(c) Ensure that a sufficient range of services is available to provide care and treatment to children and families in the least restrictive setting appropriate to their needs.

(d) Work closely with other governmental agencies and with public and private agencies providing the same or similar services.

3. The Division shall develop standards for carrying out programs aimed toward the prevention of delinquent acts of children and programs for the treatment of those brought to its attention. It shall assist in the development of programs for the predelinquent children whose behavior tends to lead them into contact with law enforcement agencies.

4. The Division shall develop and assist in carrying out programs for the diversion of juveniles out of the judicial system and programs for the aftercare of juveniles who have been released from state institutions, who have been brought before the juvenile court or family court or who have otherwise come into contact with law enforcement agencies. The Administrator shall observe and evaluate the success of those programs.

(Added to NRS by 2005, 22nd Special Session, 40)

NRS 432.0115 Division: Bureaus; administrative sections. The Division consists of an Administrator and:

1. The Nevada Youth Training Center Bureau;

2. The Caliente Youth Center Bureau;

3. The Bureau of Services for Child Care;

4. The Youth Parole Bureau; and

5. Within the limits of legislative appropriation, such additional administrative sections as the Administrator determines are necessary to perform the functions of the Division.

(Added to NRS by 2005, 22nd Special Session, 40)

NRS 432.012 Appointment and qualifications of Administrator of Division. The Administrator must be appointed on the basis of his education, training, experience, demonstrated abilities and his interest in the provision of services to children and families and related programs.

(Added to NRS by 2005, 22nd Special Session, 41)

NRS 432.0125 Appointment of chiefs of bureaus of Division; powers and duties of Administrator of Division.

1. The Administrator shall appoint, with the approval of the Director, a chief of each of the bureaus in the Division. The chiefs are designated respectively as:

(a) The Superintendent of the Nevada Youth Training Center;

(b) The Superintendent of the Caliente Youth Center;

(d) The Chief of the Youth Parole Bureau.

2. The Administrator is responsible for the administration, through the Division, of the provisions of chapters 63 and 424 of NRS, NRS 127.220 to 127.310, inclusive, 432.010 to 432.085, inclusive, and 433B.010 to 433B.350, inclusive, and all other provisions of law relating to the functions of the Division, but is not responsible for the professional activities of the components of the Division except as specifically provided by law.

(Added to NRS by 2005, 22nd Special Session, 41)

NRS 432.013 Classifications of superintendents of youth centers and facilities for detention of children; classifications of chiefs of bureaus of Division.

1. The Superintendents of the Nevada Youth Training Center, the Caliente Youth Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS are in the unclassified service of the State unless federal law or regulation requires otherwise.

2. The Chief of the Bureau of Services for Child Care and the Chief of the Youth Parole Bureau are in the classified service of the State.

(Added to NRS by 2005, 22nd Special Session, 41)

NRS 432.0135 Duties of chiefs of bureaus of Division; restrictions on other employment. The chief of each bureau of the Division shall:

1. Administer the provisions of law relating to his bureau, subject to the administrative supervision of the Administrator.

2. Except as otherwise provided in NRS 284.143, devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

(Added to NRS by 2005, 22nd Special Session, 41)

NRS 432.014 Fees for services rendered through programs of Division.

1. Except as otherwise provided in subsection 2 and by specific statute:

(a) The Division shall:

(1) Establish and impose a schedule of fees for services rendered through each of its programs. The highest fee established for a service must approximate the cost of providing the service.

(2) Establish a scale proportionate to income so that a family whose income is low can afford services preventive of greater expense to the family or the public afterward.

(3) Submit the schedule to the Director for approval before enforcement.

(b) The fees collected pursuant to the schedule must be deposited in the State Treasury to the credit of the State General Fund.

(c) The Administrator may waive any fee established pursuant to the schedule if he determines that the person required to pay that fee is financially unable to do so.

2. Fees collected pursuant to this section for services provided to juveniles committed to the custody of the Division, the Nevada Youth Training Center, the Caliente Youth Center or any other state facility for the detention of children pursuant to title 5 of NRS must be deposited with the State Treasurer for credit to a separate account in the State General Fund for expenditure by the Administrator to carry out the powers and duties of the Administrator and the Division.

(Added to NRS by 2005, 22nd Special Session, 41)

NRS 432.0145 Gifts and grants to Division.

1. Except for gifts or grants specifically accounted for in another account, any gifts or grants of money which the Division is authorized to accept must be deposited in the State Treasury to the credit of the Division of Child and Family Services’ Gift and Cooperative Account in the Department of Health and Human Services’ Gift Fund.

2. Money in the Account must be expended in accordance with the terms of the gift or grant.

3. All claims must be approved by the Administrator before they are paid.

(Added to NRS by 2005, 22nd Special Session, 42)

NRS 432.015 Issuance and enforcement of subpoenas for certain hearings.

1. The Department may issue a subpoena to compel the attendance of witnesses, the giving of testimony and the production of books and papers at an administrative hearing conducted pursuant to the provisions of 20 U.S.C. § 1415 on behalf of a party to that hearing. The subpoena must be signed by the Director or a person designated by the Director for this purpose. If a person fails to comply with a subpoena, the Department may apply to the district court for enforcement of the subpoena.

2. The District Court in and for Carson City or the county in which a hearing is being conducted for which such a subpoena was issued may, upon receipt of such an application, compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by the subpoena.

3. In case of the refusal of any witness to attend or testify or produce any papers required by the subpoena, the person holding the hearing may report to the district court by petition, setting forth:

(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in accordance with this section; and

(c) That the witness has failed or refused to attend or produce the papers required by subpoena before the person holding the hearing named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing,

Ê and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the person.

4. The court, upon petition of the person holding the hearing, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time must not be more than 10 days after the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the person holding the hearing. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the person holding the hearing, the court shall thereupon enter an order that the witness appear before the person at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness must be dealt with as for contempt of court.

(Added to NRS by 2005, 22nd Special Session, 42)

1. The Department, through the Division, is the sole state agency for the establishment of standards for the receipt of federal money in the field of:

(a) Juvenile development and for programs to prevent, combat and control delinquency; and

(b) Child welfare and child welfare services.

Ê The Department, through the Division, shall enforce such standards.

2. The Administrator, with the approval of the Director, may develop and enforce state plans, make reports to the Federal Government and comply with such other conditions as may be imposed by the Federal Government for the receipt of assistance for such programs and services described in subsection 1. In developing and revising state plans, the Administrator shall consider, among other things, the amount of money available from the Federal Government for such programs and services, the conditions attached to that money and the limitations of legislative appropriations for the programs and services.

3. The Administrator shall cause to be deposited with the State Treasurer all money allotted to this State by the Federal Government for the purposes described in this section and shall cause to be paid out of the State Treasury the money therein deposited for those purposes.

4. As used in this section, “child welfare services” has the meaning ascribed to it in NRS 432B.044.

(Added to NRS by 2005, 22nd Special Session, 43; A 2007, 1500)

NRS 432.016 Nevada Children’s Gift Account.

1. All gifts of money that the Division is authorized to accept must be deposited in the Nevada Children’s Gift Account in the Department of Health and Human Services’ Gift Fund.

2. Money in the Gift Account may be used to benefit the children to whom shelter and care is provided by the Division. Each gift must be expended in accordance with the terms of the gift.

3. The interest and income earned on the money in the Nevada Children’s Gift Account, after deducting any applicable charges, must be credited to the Gift Account.

4. The Division may transfer each fiscal year from the Nevada Children’s Gift Account to the Nevada Children’s Gift Revolving Account created pursuant to NRS 432.0165 an amount not to exceed the amount of interest and income earned for that fiscal year on the money in the Nevada Children’s Gift Account.

5. Each claim against the Nevada Children’s Gift Account must be approved by the Administrator or his designee before it is paid.

(Added to NRS by 2005, 22nd Special Session, 43)

NRS 432.0165 Nevada Children’s Gift Revolving Account.

1. The Nevada Children’s Gift Revolving Account is hereby created. All money in the Nevada Children’s Gift Revolving Account must be deposited in a financial institution qualified to receive deposits of public money and must be secured with a depository bond that is satisfactory to the State Board of Examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

2. The money in the Nevada Children’s Gift Revolving Account may be distributed by the Division to foster parents, upon request, on the basis of need, to pay the costs associated with participation by a child in foster care in intramural, recreational, social, school and sports-related activities, including, without limitation, uniforms and equipment, the rental of musical instruments, registration fees and art lessons.

3. All requests for distributions of money from the Nevada Children’s Gift Revolving Account must be made to the Division in writing. The person making the request must demonstrate that all other resources for money to pay for the activity have been exhausted.

4. The Division shall develop policies for the administration of this section.

5. Purchases made by the Division pursuant to this section are exempt from the provisions of the State Purchasing Act.

6. The balance in the Nevada Children’s Gift Revolving Account must be carried forward at the end of each fiscal year.

(Added to NRS by 2005, 22nd Special Session, 43)

NRS 432.017 Account to Assist Persons Formerly in Foster Care.

1. The Account to Assist Persons Formerly in Foster Care is hereby established in the Department of Health and Human Services’ Gift Fund.

2. The Account must be administered by the Administrator.

3. The money in the Account must be used to assist persons who attained the age of 18 years while children in foster care in this State to make the transition from foster care to economic self-sufficiency, and may, consistent with that purpose, be:

(a) Disbursed on behalf of such persons, on the basis of need, to obtain goods and services, including, without limitation:

(1) Job training;

(2) Housing assistance; and

(3) Medical insurance;

(b) Granted to nonprofit community organizations; or

4. A request for the disbursement of money from the Account pursuant to paragraph (a) of subsection 3 must be made to the Division in writing. The request must include information to demonstrate that all other resources for money to pay for the goods and services have been exhausted.

5. The Division shall adopt such regulations as necessary for the administration of this section.

6. Money in the Account at the end of any fiscal year remains in the Account and does not revert to any other fund.

(Added to NRS by 2005, 22nd Special Session, 44)

NRS 432.0175 Contract for provision of shelter and care for certain children: Limitations; regulations.

1. The Department may enter into a contract with a person for the provision of shelter and care to children who are placed in the custody of an agency which provides child welfare services.

2. The Department may not enter into a contract pursuant to this section unless it is satisfied that the person is qualified and has the necessary facilities and money to provide adequate shelter and care to the children.

3. The Department shall adopt such regulations as are necessary to ensure that the person provides adequate shelter and care for the children placed in his care.

4. The person shall comply with all regulations adopted pursuant to this section.

(Added to NRS by 2005, 22nd Special Session, 44)

NRS 432.0177 Transfer of child to out-of-state facility; inspection of facility and interview of child required.

1. Before or at the time the Division transfers a child who has been committed to the custody of the Division to a facility located outside this State, the Administrator or his designee shall physically inspect the facility to determine whether the facility:

(a) Provides the services or treatment necessary for the child;

(b) Is either accredited or licensed and in good standing with the entity which accredits or licenses the facility; and

(c) Is subject to health inspections and the results of any such health inspections conducted within the immediately preceding 3 years.

2. If a child is placed in a facility that is located outside this State, the Administrator of the Division or his designee shall, at least one time each year, to ensure the continued appropriateness of the placement:

(a) Physically inspect the facility;

(b) Review the services being provided to the child at the facility and any treatment plan established for the child; and

3. The provisions of this section apply to any child committed to the custody of the Division pursuant to title 5 of NRS, chapter 432B or 433B of NRS or pursuant to any other authority.

(Added to NRS by 2007, 1190)

NRS 432.020 Duties of agencies which provide child welfare services. An agency which provides child welfare services shall:

1. Provide, to the extent that support is not otherwise required by court order or pursuant to specific statute, maintenance and special services to:

(a) Unmarried mothers and children awaiting adoptive placement.

(b) Children who are placed in the custody of the agency which provides child welfare services, and who are placed in foster homes, homes of relatives other than parents or other facilities or institutions. Except as otherwise provided by specific statute, if any child is to be placed in the custody of the agency which provides child welfare services, pursuant to any order of a court or request made by a person or agency other than the agency which provides child welfare services, this order or request may be issued or made only after an opportunity for a hearing has been given to the agency which provides child welfare services after 3 days’ notice, or upon request of the agency which provides child welfare services.

2. Except as otherwise provided by court order or specific statute, return a child to his natural home or home of a competent relative for a probationary period any time after the expiration of 60 days after the placement of the child in the custody of the agency which provides child welfare services, with notification to but without formal application to a court, but the agency which provides child welfare services retains the right to custody of the child during the probationary period, until a court of competent jurisdiction determines proper custody of the child.

(Added to NRS by 1960, 327; A 1961, 360; 1963, 932; 1967, 1366; 1973, 458, 1612, 1633; 1977, 109; 1985, 1385; 1989, 1157; 1993, 2701; 2001 Special Session, 29)

NRS 432.025 Limitations on use of federal payments for maintenance of children in foster care. Not more than 60 percent of the total number of children for whom maintenance is provided pursuant to Part E of Title IV of the Social Security Act, 42 U.S.C. §§ 670 et seq., may have been in foster care for more than 24 months.

(Added to NRS by 1981, 1600; A 1991, 707)

NRS 432.027 Agency which provides child welfare services to provide notice of whether person will be considered for approval as adoptive parent or provider of foster care. As soon as practicable after an agency which provides child welfare services receives an application by a person to receive the placement of a child, the agency which provides child welfare services shall notify the person in writing as to whether the person will be considered for approval as an adoptive parent or as a provider of foster care.

(Added to NRS by 1999, 2028; A 2001 Special Session, 29)

NRS 432.030 Restriction on provision of maintenance and special services by employee of agency which provides child welfare services.

1. Except as otherwise provided in subsection 2, an employee of an agency which provides child welfare services may, if otherwise qualified, provide maintenance and special services to any child other than a child who:

(a) Is included as a client in the caseload of the employee at the time of the provision of the maintenance or special services; or

(b) Has been included as a client in the caseload of the employee within the 3 years immediately preceding the provision of the maintenance or special services.

2. An employee of an agency which provides child welfare services may provide maintenance and special services to any child:

(a) Pursuant to court order or request; or

(b) Upon referral of appropriate law enforcement officials for emergency care.

(Added to NRS by 1960, 327; A 1961, 361; 1963, 932; 1977, 110; 1993, 2701; 2001 Special Session, 29; 2003, 827)

NRS 432.0305 Duties of Department. The Department, through the Division, shall:

1. Observe and study the changing nature and extent of the need for child welfare services and develop through tests and demonstrations effective ways of meeting those needs.

2. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including the adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of programs for child welfare, and in increasing the efficiency of those programs by prompt and judicious use of new federal grants which will assist the Division in carrying out the provisions of NRS 432.010 to 432.085, inclusive. The Department shall consider any request for a change in the state plan submitted by an agency which provides child welfare services.

3. Enter into reciprocal agreements with other states relative to services for child welfare and institutional care, when deemed necessary or convenient by the Administrator.

4. Enter into agreements with an agency which provides child welfare services in a county whose population is 100,000 or more when deemed necessary or convenient by the Administrator.

5. Accept money from and cooperate with the United States or any of its agencies in carrying out the provisions of NRS 432.010 to 432.085, inclusive, and of any federal acts pertaining to public child welfare and youth services, insofar as authorized by the Legislature.

(Added to NRS by 1993, 2699; A 2001 Special Session, 30; 2005, 22nd Special Session, 45)

1. The Department, through the Division, shall act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the State to aid in the furtherance of any services and activities for child welfare.

2. If the Congress of the United States passes any law increasing the participation of the Federal Government in a Nevada Program for Child Welfare, either as relates to eligibility for assistance or otherwise, the Director is authorized to accept, with the approval of the Governor, the increased benefits of that legislation. The Division may adopt such standards as are required by the Congress of the United States as a condition to the acceptance of those benefits.

3. An agency which provides child welfare services in a county whose population is 100,000 or more shall enter into such agreements with the Division as are necessary to maximize the amount of money that this State may obtain from the Federal Government for the provision of child welfare services throughout this State.

(Added to NRS by 1993, 2698; A 2001 Special Session, 30; 2005, 22nd Special Session, 45)

NRS 432.032 Regulations. The Division, in consultation with each agency which provides child welfare services, shall adopt regulations for the administration of NRS 432.010 to 432.085, inclusive, which are binding upon all recipients and local units.

(Added to NRS by 1993, 2699; A 1999, 2029; 2001 Special Session, 30)

NRS 432.033 Division authorized to prescribe forms for reports and records. To secure accuracy, uniformity and completeness in statistics and information, the Division, in consultation with each agency which provides child welfare services, may prescribe forms of reports and records to be kept by an agency which provides child welfare services and all persons subject to supervision by the Division or investigation pursuant to NRS 432.010 to 432.085, inclusive.

(Added to NRS by 1993, 2699; A 2001 Special Session, 30)

NRS 432.034 Written statements of responsible relatives of applicants or recipients not required to be sworn under oath; perjury. Written statements of information required from responsible relatives of applicants for or recipients of assistance pursuant to NRS 432.010 to 432.085, inclusive, need not be under oath, but any person who signs such a statement and willfully states therein as true any material matter which he knows to be false is guilty of perjury which is a category D felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1993, 2699; A 1995, 1276; 2005, 22nd Special Session, 46)

1. To safeguard and restrict the use or disclosure of any information concerning applicants for and recipients of services for child welfare to purposes directly connected to the administration of NRS 432.010 to 432.085, inclusive, by the Division, pursuant to the applicable provisions of the Social Security Act, the Division shall, in consultation with each agency which provides child welfare services, establish and enforce reasonable regulations governing the custody, use and preservation of the records, files and communications filed with the Division and any agency which provides child welfare services.

2. Whenever, pursuant to the provisions of law or regulations of the Division, names and addresses of, or information concerning, applicants for and recipients of services for child welfare are furnished to or held by an agency which provides child welfare services or any other agency or department of government, that agency or department shall comply with the regulations of the Division prohibiting the publication of information and its use for purposes not directly connected with the administration of NRS 432.010 to 432.085, inclusive, by the Division.

3. Except for purposes directly connected with the administration of NRS 432.010 to 432.085, inclusive, no person may publish, disclose, use or permit or cause to be published, disclosed or used any confidential information pertaining to a recipient of services under the provisions of NRS 432.010 to 432.085, inclusive.

(Added to NRS by 1993, 2700; A 2001 Special Session, 31)

NRS 432.036 Limitations on assistance. Assistance awarded pursuant to the provisions of NRS 432.010 to 432.085, inclusive, is:

1. Not transferable or assignable at law or in equity, and none of the money paid or payable pursuant to those provisions is subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any law regarding bankruptcy or insolvency.

2. Awarded and held subject to any legislative enactment amending or repealing those provisions, and no recipient has any claim for assistance or otherwise by reason of his assistance being affected in any way by such a legislative enactment.

(Added to NRS by 1993, 2699)

1. The Trust Fund for Child Welfare is hereby created. All benefits for survivors or other awards payable to children receiving child welfare services pursuant to NRS 432.010 to 432.085, inclusive, in a county whose population is less than 100,000 must be deposited in the State Treasury for credit to the Fund.

2. The Division shall:

(a) Keep a separate account for each child who receives money.

(b) Deduct from the account any services to the child provided by public money. Any surplus remaining may be expended for extraordinary items deemed beneficial to the child.

(c) Remit any surplus balance to the parent or legal guardian of the child, or to the child if he is emancipated or has reached the age of 18 years, when the Division is no longer legally responsible for him.

3. The Division shall pay interest to each child’s separate account maintained in the Trust Fund for Child Welfare at the end of each interest period. Interest must be paid at a rate equal to the average of the interest rates quoted by at least three banking institutions for interest-bearing savings accounts of $3,000 or less on the first day of each interest period. Interest must be paid on the child’s account commencing with the first interest period that the Division is legally responsible for the child. Interest must not be paid for the interest period during which the child ceases to be the legal responsibility of the Division.

4. All benefits for survivors or other awards payable to children receiving child welfare services in a county whose population is 100,000 or more pursuant to NRS 432.010 to 432.085, inclusive, must be deposited in the trust fund for child welfare established in the county treasury. A disbursement from the benefits for survivors or other awards of a child which is deposited in the fund may be made to the agency which provides child welfare services for any child welfare services provided to the child with public money.

5. As used in this section, “interest period” means that period not less frequent than quarterly, as determined by the State Treasurer, for which interest must be paid.

(Added to NRS by 1993, 2700; A 1995, 721; 2001 Special Session, 31)

NRS 432.038 Division and agency which provides child welfare services authorized to maintain account for purchase of records of vital statistics to perform work.

1. Subject to the approval and regulations of the State Board of Examiners, the Division may maintain an account in a bank or credit union for the purchase of birth certificates, death certificates and other records of vital statistics necessary to perform eligibility and other case-work functions of the Division in a county whose population is less than 100,000 pursuant to NRS 432.010 to 432.085, inclusive.

2. Subject to the approval of the board of county commissioners of the county, an agency which provides child welfare services in a county whose population is 100,000 or more may maintain an account in a bank or credit union for the purchase of birth certificates, death certificates and other records of vital statistics necessary to perform eligibility and other case-work functions of the agency pursuant to NRS 432.010 to 432.085, inclusive.

(Added to NRS by 1993, 2700; A 1999, 1496; 2001 Special Session, 32)

1. When in the judgment of the court it is in the best interests of a child in the lawful custody of an agency which provides child welfare services, such an agency may petition for appointment as guardian of the person and estate of the child in the manner provided by chapter 159 or 432B of NRS.

2. The clerk of the district court, county clerk, county recorder or other county officer shall not require the payment of any fees or charges by the agency which provides child welfare services for appointment as guardian pursuant to this section, and the district court shall waive the furnishing of a bond by the agency which provides child welfare services if it is appointed guardian.

3. Except as otherwise provided in this section, the agency which provides child welfare services shall comply with all applicable provisions of chapter 159 or 432B of NRS.

(Added to NRS by 1993, 2699; A 2001 Special Session, 32; 2003, 588)

NRS 432.040 State participation in payment of expenses of maintenance and special services. The nonfederal share of all expenses for special services and maintenance provided to children and unmarried mothers pursuant to NRS 432.010 to 432.085, inclusive, must be paid from money which may be provided to the Division by direct legislative appropriation.

(Added to NRS by 1960, 327; A 1961, 361; 1963, 933; 1977, 110; 1979, 605; 1993, 2702)

NRS 432.050 State Child Welfare Services Account. All money appropriated by the Legislature pursuant to the provisions of NRS 432.040 must be accounted for in the State Child Welfare Services Account, and all money received from the United States pursuant to Parts B and E of Title IV of the Social Security Act, or for programs of child welfare administered by the Division pursuant to NRS 432.010 to 432.085, inclusive, must be deposited in the State Treasury and credited to the Account, out of which must be paid the expenses incurred in providing maintenance and special services under the provisions of NRS 432.010 to 432.085, inclusive.

(Added to NRS by 1960, 327; A 1975, 123; 1981, 262; 1993, 2702)

NRS 432.070 Procedure for drawing and paying warrants in certain counties.

1. The Administrator shall furnish to the State Controller a full, true and correct list of claimants in each county whose population is less than 100,000 who are entitled to payment for the care and services provided for in NRS 432.010 to 432.085, inclusive, and of the amount to be paid to each of them from the State Child Welfare Services Account, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled pursuant to NRS 432.010 to 432.085, inclusive. The list is subject to revision by the Administrator to make it conform to such changes as may be made pursuant to the terms of NRS 432.010 to 432.085, inclusive.

2. Upon receiving the certified list, the State Controller shall promptly draw his warrant upon the State Child Welfare Services Account payable to each claimant in the amount to which he is entitled, and the State Treasurer shall pay the same. Every warrant must be for the total amount of federal and state money to which each claimant is entitled pursuant to the provisions of NRS 432.010 to 432.085, inclusive.

3. Immediately after the warrants have been drawn, the State Controller shall deliver or mail them to the Division. Immediately thereafter, the Division shall mail them to the individual recipients. The facilities of the central mailing room must be used.

(Added to NRS by 1960, 328; A 1961, 104; 1963, 933; 1965, 114; 1969, 255; 1973, 196; 1975, 124; 1979, 606; 1981, 262; 1993, 2702; 2001 Special Session, 32)

1. The head of the agency which provides child welfare services in a county whose population is 100,000 or more shall furnish to the county comptroller and the Administrator of the Division a full, true and correct list of claimants in the county who are entitled to payment for the care and services provided for in NRS 432.010 to 432.085, inclusive, and of the amount to be paid to each of them, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled pursuant to NRS 432.010 to 432.085, inclusive. The list is subject to revision by the head of the agency which provides child welfare services to make it conform to such changes as may be made pursuant to the terms of NRS 432.010 to 432.085, inclusive.

2. The total amount of federal and state money to which each claimant is entitled pursuant to the provisions of NRS 432.010 to 432.085, inclusive, must be paid in the manner provided in NRS 244.210.

(Added to NRS by 2001 Special Session, 28)

NRS 432.080 Administrative expenses of Division. All administrative expenses incurred by the Division in carrying out the provisions of NRS 432.010 to 432.085, inclusive, must be paid out of money which may be appropriated by the Legislature from the State General Fund and out of such other money as may be made available to the Division for the payment of administrative expenses. Disbursements must be made upon claims filed and allowed in the same manner as other money in the State Treasury is disbursed. All claims must be approved by the Administrator before they are paid.

(Added to NRS by 1960, 329; A 1963, 933; 1975, 125; 1993, 2702; 2003, 629; 2007, 1190)

NRS 432.085 Liability of parents for maintenance and special services provided to child placed in custody of agency which provides child welfare services; enforcement.

1. The parents of a child placed in the custody of an agency which provides child welfare services pursuant to the provisions of NRS 62A.380 or 432.010 to 432.085, inclusive, or chapter 432B of NRS are liable to the agency which provides child welfare services for the cost of maintenance and special services provided to the child.

2. The Division shall establish by regulation reasonable schedules for the repayment of money owed by parents pursuant to subsection 1.

3. An agency which provides child welfare services may waive all or any part of the amount due pursuant to this section if it determines that the parents of the child do not have the ability to pay the amount.

4. If a parent refuses to pay an agency which provides child welfare services for money owed under this section, the agency which provides child welfare services may bring a civil action to recover all money owed with interest thereon at the rate of 7 percent per year commencing 30 days after an itemized statement of the amount owed is submitted to the parents.

5. All money collected pursuant to this section must be deposited:

(a) In a county whose population is less than 100,000, with the State Treasurer for credit to the State Child Welfare Services Account.

(b) In a county whose population is 100,000 or more, with the county treasurer for credit to a fund or account established by the board of county commissioners.

(Added to NRS by 1989, 1156; A 1993, 2703; 2001 Special Session, 33; 2003, 1148)

NRS 432.091 Provisions inapplicable to Program for Child Care and Development. The provisions of NRS 432.010 to 432.085, inclusive, do not apply to the Program for Child Care and Development administered by the Division of Welfare and Supportive Services of the Department pursuant to chapter 422A of NRS.

(Added to NRS by 1997, 2266; A 2005, 22nd Special Session, 46)

1. There is hereby created the Placement Prevention Revolving Account in the amount of $25,000 to be used for the payment of claims in a county whose population is less than 100,000 of recipients of goods or services from the Division and vendors providing goods or services to those recipients pursuant to procedures established by the Division.

2. Upon written request from the Administrator, the State Controller shall draw his warrant from money already authorized for the use of the Division in the sum of $25,000. When the warrant is paid, the Administrator shall deposit the money in a financial institution qualified to receive deposits of public money. All money deposited in the Placement Prevention Revolving Account pursuant to this section must be secured with a depository bond that is satisfactory to the State Board of Examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

3. After an expenditure of money from the Placement Prevention Revolving Account, the Administrator shall present a claim to the State Board of Examiners to maintain a balance of $25,000. If the claim is approved by the State Board of Examiners, the State Controller shall draw his warrant from money already authorized for the use of the Division in the amount of the claim in favor of the Placement Prevention Revolving Account, and the State Treasurer shall pay the warrant.

4. Money in the Placement Prevention Revolving Account created pursuant to subsection 1 does not revert to the State General Fund at the end of the fiscal year, and the balance in the Account must be carried forward.

5. Purchases made by the Division pursuant to this section are exempt from the State Purchasing Act.

6. The board of county commissioners of a county whose population is 100,000 or more may establish a fund or account to be used for the payment of claims of recipients of goods or services from the agency which provides child welfare services and vendors providing goods or services to those recipients pursuant to procedures established by the agency which provides child welfare services.

(Added to NRS by 1997, 3058; A 1999, 1496; 2001 Special Session, 33)

STATEWIDE CENTRAL REGISTRY FOR THE COLLECTION OF INFORMATION CONCERNING THE ABUSE OR NEGLECT OF A CHILD

NRS 432.0999 “Central Registry” defined. As used in NRS 432.0999 to 432.130, inclusive, “Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

(Added to NRS by 2005, 2029)

NRS 432.100 Establishment, maintenance and contents; release of information under certain circumstances; access to information.

1. There is hereby established a Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child. This Central Registry must be maintained by the Division.

2. The Central Registry must contain:

(a) The information in any substantiated report of child abuse or neglect made pursuant to NRS 432B.220;

(b) Statistical information on the protective services provided in this State; and

(c) Any other information which the Division determines to be in furtherance of NRS 432.0999 to 432.130, inclusive, and 432B.010 to 432B.400, inclusive.

3. The Division may release information contained in the Central Registry to an employer:

(a) If the person who is the subject of a background investigation by the employer provides written authorization for the release of the information; and

(b) Either:

(1) The employer is required by law to conduct the background investigation of the person for employment purposes; or

(2) The person who is the subject of the background investigation could, in the course of his employment, have regular and substantial contact with children or regular and substantial contact with elderly persons who require assistance or care from other persons,

Ê but only to the extent necessary to inform the employer whether the person who is the subject of the background investigation has been found to have abused or neglected a child.

4. Except as otherwise provided in this section or by specific statute, information in the Central Registry may be accessed only by an employee of the Division and by an agency which provides child welfare services.

(Added to NRS by 1975, 790; A 1977, 738; 1979, 546; 1985, 1385; 1993, 2704; 1999, 2029; 2005, 2029)

NRS 432.110 Maintenance of records concerning request or receipt of information.

1. Except as otherwise provided in subsection 2, the Division shall maintain a record of:

(a) The names and identifying data, dates and circumstances of any persons requesting or receiving information from the Central Registry; and

(b) Any other information which might be helpful in furthering the purposes of NRS 432.0999 to 432.130, inclusive, and 432B.010 to 432B.400, inclusive.

2. The Division is not required to maintain a record of information concerning requests for information from or the receipt of information by employees of an agency which provides child welfare services.

(Added to NRS by 1975, 790; A 1977, 738; 1985, 1386; 1993, 2704; 2005, 2030)

NRS 432.120 Release of information; deletion of information; regulations.

1. Information contained in the Central Registry must not be released unless the right of the applicant to the information is confirmed, the information concerning the report of abuse or neglect of the child has been reported pursuant to NRS 432B.310, the released information discloses the disposition of the case and, if the information is being provided pursuant to subsection 3 of NRS 432.100, the person who is the subject of the background investigation provides written authorization for the release of the information.

2. The information contained in the Central Registry concerning cases in which a report of abuse or neglect of a child has been substantiated by an agency which provides child welfare services must be deleted from the Central Registry not later than 10 years after the child who is the subject of the report reaches the age of 18 years.

3. The Division shall adopt regulations to carry out the provisions of this section.

(Added to NRS by 1975, 790; A 1977, 738; 1985, 1386; 1993, 2704; 2005, 2030)

NRS 432.130 Unlawful release of data or information; penalty. Any person who willfully releases data or information contained in the Central Registry to unauthorized persons in violation of NRS 432.120 or 432B.290 is guilty of a misdemeanor.

(Added to NRS by 1975, 791; A 1977, 739; 1985, 1387; 2005, 2031)

CHILDREN’S TRUST ACCOUNT

NRS 432.131 Creation; uses; interest and income to remain in Account; no reversion to State General Fund.

1. The Children’s Trust Account is hereby created in the State General Fund. Except as otherwise provided in subsection 2, the money in the Account must be used to prevent the abuse or neglect of children.

2. No more than 5 percent of the money credited to the Account each year may be used for the expenses:

(a) Of administering the Account; and

(b) For travel of members of the Grants Management Advisory Committee created by NRS 232.383 or members of a working group of the Grants Management Advisory Committee that is appointed pursuant to NRS 232.387.

3. The interest and income earned on the money in this Account, after deducting any applicable charges, must be credited to the Account.

4. Any money remaining in the Account at the end of each fiscal year does not revert to the State General Fund but must be carried over into the next fiscal year.

(Added to NRS by 1985, 615; A 2005, 470)

NRS 432.133 Administration by Director; awards of money; report to Legislature by Director; review of requests for awards by Grants Management Advisory Committee.

1. The Director is responsible for administering the Children’s Trust Account.

2. The Director shall make awards of money, by contract or grant, from the Children’s Trust Account to agencies of the State or its political subdivisions and nonprofit community organizations or educational institutions which provide or will provide services for the prevention of the abuse or neglect of children. The duration of an award granted pursuant to this subsection must not exceed 3 years.

3. The Director shall report to each regular session of the Legislature regarding the agencies, organizations or institutions that have been awarded money from the Children’s Trust Account, the money credited to the Account, the interest and income on the money in the Account, any unexpended money in the Account and the general expenses of administering the Account.

4. Requests for awards of money from the Children’s Trust Account must be reviewed by the Grants Management Advisory Committee created by NRS 232.383.

(Added to NRS by 1985, 615; A 1993, 2704; 2005, 471; 2005, 22nd Special Session, 46)

FINGERPRINTS FOR IDENTIFICATION OF CHILDREN

NRS 432.140 Creation of card; limitations on possession and use of card; standards required for fingerprints.

1. A parent or guardian of a child may request that the child be fingerprinted by any law enforcement agency of this State. If the law enforcement agency agrees to perform the service and accepts payment of the same fee charged to others for this service, if any, the law enforcement agency shall fingerprint the child and give the fingerprint card to the parent or guardian. A law enforcement agency which fingerprints a child under this section shall not retain a fingerprint card or any other copy of the child’s fingerprints prepared pursuant to this section.

2. The fingerprint card must include in a conspicuous place on the card a statement that the card may be used for identification purposes only and may not be used in any juvenile or criminal investigation or proceeding conducted against the child.

3. A fingerprint card prepared pursuant to this section may be used by a law enforcement agency only to help identify a child who is lost, kidnapped or killed. The card may not be used by anyone in any investigation or proceeding conducted against the child under title 5 of NRS or under the criminal laws of this State.

4. Any other person, firm or corporation that fingerprints children for identification purposes shall take the fingerprints in a manner which meets the standards set by the Federal Bureau of Investigation as those standards exist on July 1, 1983.

(Added to NRS by 1983, 1122; A 2003, 1148)

MISSING OR EXPLOITED CHILDREN

NRS 432.150 Definitions. As used in NRS 432.150 to 432.220, inclusive, unless the context otherwise requires:

1. “Clearinghouse” means the program established by the Attorney General pursuant to NRS 432.170.

2. “Director” means the Director of the Clearinghouse.

3. “Exploited child” means a person under the age of 18 years who has been:

(a) Used in the production of pornography in violation of the provisions of NRS 200.710;

(b) Subjected to sexual exploitation as defined in NRS 432B.110; or

(c) Employed or exhibited in any injurious, immoral or dangerous business or occupation in violation of the provisions of NRS 609.210.

4. “Missing child” means a person under the age of 18 years who has run away or is otherwise missing from the lawful care, custody and control of his parent or guardian.

(Added to NRS by 1985, 2165; A 1991, 1420; 1993, 1373; 1995, 1666)

NRS 432.153 Legislative intent. It is the intent of the Legislature that law enforcement agencies in this State give a high priority to the investigation of crimes concerning missing children.

(Added to NRS by 1991, 1419)

NRS 432.154 Account for License Plates for Support of Missing or Exploited Children.

1. The Account for License Plates for the Support of Missing or Exploited Children is hereby created in the State General Fund. The Director shall administer the Account.

2. The money in the Account does not lapse to the State General Fund at the end of any fiscal year.

3. The money in the Account must only be used to carry out the provisions of NRS 432.150 to 432.220, inclusive.

(Added to NRS by 1995, 1666)

NRS 432.155 Priority for cases concerning abducted children. The Attorney General or district attorney shall give cases concerning abducted children priority to expedite the arrest and conviction of the person criminally responsible for the disappearance or concealment of an abducted child.

(Added to NRS by 1991, 1420)

NRS 432.157 Office of Advocate for Missing or Exploited Children: Creation; duties; cooperation of district attorney or local law enforcement agency.

1. The Office of Advocate for Missing or Exploited Children is hereby created within the Office of the Attorney General. The Advocate for Missing or Exploited Children may be known as the Children’s Advocate.

2. The Attorney General shall appoint the Children’s Advocate. The Children’s Advocate is in the unclassified service of the State.

3. The Children’s Advocate:

(a) Must be an attorney licensed to practice law in this state;

(b) Shall advise and represent the Clearinghouse on all matters concerning missing or exploited children in this state; and

4. The Children’s Advocate may:

(a) Appear as an amicus curiae on behalf of missing or exploited children in any court in this state;

(b) If requested, advise a political subdivision of this state concerning its duty to protect missing or exploited children; and

5. Upon request by the Children’s Advocate, a district attorney or local law enforcement agency in this state shall provide all information and assistance necessary to assist the Children’s Advocate in carrying out the provisions of this section.

(Added to NRS by 1993, 1373)

NRS 432.160 Bulletin concerning missing children: Preparation and distribution by Director; contents.

1. The Director may prepare quarterly a bulletin containing information concerning missing children in this State. The bulletin must contain the name and last known address of the missing child and any other information that the Director considers necessary.

2. The Director may distribute a copy of the bulletin, free of charge, to each law enforcement agency in this State, the Department of Education and each school district and every private elementary or secondary school. The Director may, for a reasonable fee, provide a copy of the bulletin to any other person or governmental agency.

(Added to NRS by 1985, 2165; A 1993, 1374)

NRS 432.170 Program to coordinate activities and information concerning missing children: Establishment by Attorney General; appointment, powers and duties of Director.

1. The Attorney General shall:

(a) Establish a program to coordinate activities and information in this State concerning missing or exploited children; and

(b) Appoint a Director to administer the provisions of the program.

2. The Director is in the unclassified service of the State. To assist the Director in carrying out the provisions of NRS 432.150 to 432.220, inclusive, the Attorney General may appoint such assistants or investigators as deemed necessary by the Attorney General.

3. The Director may:

(a) Assist any public or private school in establishing a program of information about missing or exploited children by providing, free of charge, materials, publications and instructional aids relating to:

(1) Offenses under federal and state law regarding missing or exploited children and the abuse or neglect of children.

(2) Governmental and private agencies and programs for locating and identifying missing or exploited children, preventing the abduction or disappearance of children and preventing the abuse or neglect of children.

(3) Methods of preventing the abduction or disappearance of children.

(4) Techniques for the investigation of cases involving missing or exploited children.

(5) Any other issue involving missing or exploited children.

(b) Develop and maintain a system of information concerning missing or exploited children, including information concerning public or private resources which may be available to such children and their families.

(c) Accept gifts or donations on behalf of the Clearinghouse which must be accounted for separately and used by the Director in carrying out the provisions of NRS 432.150 to 432.220, inclusive.

(d) Enter into agreements with regional and national organizations for assistance and exchange of information concerning missing or exploited children.

(e) Assist in the investigation of children who are reported missing in this State or who are reported abducted or taken from this State.

4. The Director may provide the materials, publications and instructional aids identified in paragraph (a) of subsection 3 to any other person or governmental agency for a reasonable fee not to exceed the cost of preparing the materials.

5. The Director shall, upon request, provide records regarding a missing child to the State Disaster Identification Team of the Division of Emergency Management of the Department of Public Safety.

(Added to NRS by 1985, 2165; A 1993, 1374; 1997, 3264; 1999, 1256, 3133; 2001, 2610)

NRS 432.180 Annual report of Attorney General to be submitted to Governor and Legislative Counsel Bureau concerning missing or exploited children. The Attorney General shall, on or before January 31 of each year, prepare and submit a report to the Governor and the Director of the Legislative Counsel Bureau concerning programs of information about missing or exploited children in this state and the identification and investigation of cases involving missing or exploited children. The Director of the Legislative Counsel Bureau shall make the report available to each Senator and Assemblyman.

(Added to NRS by 1985, 2166; A 1993, 1375)

NRS 432.185 Law enforcement agency: Required to act promptly in obtaining certain warrants. A law enforcement agency shall act promptly in obtaining a warrant for the arrest of any person it has probable cause to believe is criminally responsible for the disappearance of a missing child.

(Added to NRS by 1991, 1420)

NRS 432.190 Law enforcement agency: Delay before action on report of missing child prohibited; evaluation of information. A law enforcement agency shall not adopt a general policy establishing a waiting period or delay before acting upon any report of a missing child under the age of 14. The law enforcement agency which receives the initial report on the missing child shall evaluate all information available to that agency and the circumstances surrounding the disappearance of the child to determine whether immediate action is necessary.

(Added to NRS by 1985, 2166)

NRS 432.200 Duties of law enforcement agency receiving report of missing child; request for and use of identifying information; notification that child is found or returned.

1. A law enforcement agency shall accept every report of a missing child which is submitted to the agency, including, but not limited to, a report made by telephone. Upon receipt of such a report, the agency shall immediately conduct a preliminary investigation and classify the cause of the disappearance of the child as “runaway,” “abducted by his parent,” “abducted by a stranger” or “cause of disappearance unknown,” and shall:

(a) Transmit all available information about the child to the Clearinghouse and to the Central Repository for Nevada Records of Criminal History within 36 hours after the report is received;

(b) Immediately notify such persons and make such inquiries concerning the missing child as the agency deems necessary;

(c) Fully comply with the requirements of the National Child Search Assistance Act of 1990, Title XXXVII of Public Law 101-647, 104 Stat. 4966; and

(d) Enter into the National Crime Information Center’s Missing Person File and the Repository for Information Concerning Missing Persons within the Central Repository for Nevada Records of Criminal History, as miscellaneous information, any person reasonably believed to have unlawfully abducted or detained the missing child, or aided or abetted the unlawful abduction or detention.

2. A law enforcement agency which has jurisdiction over the investigation of an abducted child and which has obtained a warrant for the arrest of a person suspected in the child’s disappearance or concealment shall immediately notify the National Crime Information Center for the entry into the Center’s Wanted Person File of identifying and descriptive information concerning:

(a) The suspect; and

(b) As miscellaneous information, the missing child.

Ê The agency shall cross-reference information entered pursuant to this section with the National Crime Information Center’s Missing Person File and with the Repository for Information Concerning Missing Persons within the Central Repository for Nevada Records of Criminal History.

3. If a missing child is less than 16 years of age or has not been located within 30 days after a report is filed, the law enforcement agency that received the initial report shall, and the Division or the Central Repository for Nevada Records of Criminal History may:

(a) Send to the child’s parent or guardian a request for certain identifying information regarding the child that the National Crime Information Center recommends be provided; and

(b) Ask the child’s parent or guardian to provide such identifying information regarding the child.

Ê If a law enforcement agency receives the identifying information, it shall transmit all information so released to it to the Division and to the Central Repository. The Division and the Central Repository shall, upon receipt of the identifying information about the missing child, compare the information with the information that is on file concerning unidentified deceased children. This subsection does not preclude the voluntary release of identifying information about the missing child by his parent or guardian at any time.

4. The parent or guardian of a child reported as missing shall promptly notify the appropriate law enforcement agency if the child is found or returned. The law enforcement agency shall then transmit that fact to the National Crime Information Center, the Central Repository for Nevada Records of Criminal History and the Clearinghouse.

5. Nothing in this section requires a law enforcement agency to activate the Statewide Alert System for the Safe Return of Abducted Children created by NRS 432.340.

6. As used in this section, “Division” means the Investigation Division of the Department of Public Safety.

(Added to NRS by 1985, 2166; A 1989, 1994; 1991, 1420; 1993, 1375; 1995, 56; 1997, 1538; 2001, 2611; 2003, 395)

NRS 432.205 Duties of law enforcement agency, Clearinghouse, governmental agency and superintendent of schools upon receiving report of missing child.

1. A law enforcement agency, upon receiving and verifying a report of a missing child, other than a child who has run away, shall immediately transmit the full contents of the report by the fastest means available to the Clearinghouse.

2. The Clearinghouse shall, upon receipt of the report, immediately notify any governmental agency in possession of the birth certificate of the child and the superintendent of schools of the school district in possession of the educational records of the child that the child is missing.

3. Upon receiving such notification, the agency or superintendent shall:

(a) Maintain the birth certificate or educational records in such a manner as to ensure that the Clearinghouse is notified immediately if a request is made for the birth certificate or educational records.

(b) Immediately notify the Clearinghouse upon receiving any such request before releasing the birth certificate or educational records, including notification of the identity and location or address of the person making the request.

(c) Not disclose to the person making the request any communication with the Clearinghouse or the fact that a communication must be made.

(Added to NRS by 1991, 1419; A 1993, 1376)

NRS 432.210 Cooperation with Attorney General of United States concerning missing children.

1. The Attorney General and every law enforcement agency in this State shall cooperate with the Attorney General of the United States in the collection of information that would assist in the identification of an unidentified deceased child and the location of any missing child pursuant to 28 U.S.C. § 534.

2. Law enforcement agencies in this State that are investigating a case involving a missing child shall use the records and information compiled by the Attorney General of the United States pursuant to 28 U.S.C. § 534 when necessary.

(Added to NRS by 1985, 2167)

NRS 432.220 Agreement with Secretary of United States Department of Health and Human Services concerning absent parent or child. The Attorney General shall enter into an agreement with the Secretary of Health and Human Services, as authorized by 42 U.S.C. § 663, under which the services of the Parent Locator Service established pursuant to 42 U.S.C. § 653 are made available to determine the whereabouts of any absent parent or child in order to enforce a law with respect to the unlawful taking or restraint of a child or to make or enforce a determination of the custody of a child.

(Added to NRS by 1985, 2167)

STATEWIDE ALERT SYSTEM FOR THE SAFE RETURN OF ABDUCTED CHILDREN

NRS 432.300 Definitions. As used in NRS 432.300 to 432.380, inclusive, the words and terms defined in NRS 432.310, 432.320 and 432.330 have the meanings ascribed to them in those sections.

(Added to NRS by 2003, 393)

NRS 432.310 “Broadcaster” defined. “Broadcaster” means a radio broadcasting station, cable operator or other video service provider or television broadcasting station primarily engaged in, and deriving income from, the business of facilitating speech via over-the-air communications, both as to pure speech and commercial speech.

(Added to NRS by 2003, 393; A 2007, 1392)

NRS 432.320 “Committee” defined. “Committee” means the Committee for the Statewide Alert System created by NRS 432.350.

(Added to NRS by 2003, 393)

NRS 432.330 “System” defined. “System” means the Statewide Alert System for the Safe Return of Abducted Children created by NRS 432.340.

(Added to NRS by 2003, 393)

NRS 432.340 Creation; composition; administration; requirements for participation in System.

1. There is hereby created the Statewide Alert System for the Safe Return of Abducted Children, which is composed of a voluntary partnership among state law enforcement agencies, local law enforcement agencies and broadcasters to assist in the search for and safe return of abducted children. The Children’s Advocate appointed pursuant to NRS 432.157 shall administer the System.

2. The agencies and broadcasters that choose to participate in the System must agree to comply with the provisions of NRS 432.300 to 432.380, inclusive, and any requirements prescribed by the Committee for participation in the System.

3. Each law enforcement agency that chooses to participate in the System shall:

(a) Adopt a written policy concerning activation of the System by the agency consistent with the provisions of NRS 432.300 to 432.380, inclusive; and

(b) Submit a copy of the written policy to the Children’s Advocate appointed pursuant to NRS 432.157.

(Added to NRS by 2003, 393)

NRS 432.350 Committee for the Statewide Alert System: Creation; membership; Chairman and Vice Chairman; terms; vacancies; members serve without compensation.

1. There is hereby created the Committee for the Statewide Alert System consisting of 15 members as follows:

(a) Five members appointed by the Governor who represent local law enforcement agencies;

(b) Five members appointed by the Governor who represent state law enforcement agencies;

(c) One representative of this State’s Emergency Alert System, appointed by the Nevada Broadcasters Association or its successor;

(d) One representative of the Nevada Broadcasters Association or its successor, appointed by that Association;

(e) One representative of the Department of Transportation, appointed by the Director of the Department of Transportation;

(f) The Advocate for Missing or Exploited Children, appointed pursuant to NRS 432.157; and

(g) One representative of the public at large, appointed by the Governor from among the names of nominees provided to him pursuant to subsection 5.

2. The Governor shall select a Chairman and Vice Chairman of the Committee.

3. After the initial terms, each member of the Committee serves a term of 3 years. A vacancy on the Committee must be filled in the same manner as the original appointment.

4. Members of the Committee serve without salary or compensation for their travel or per diem expenses.

5. The Committee shall, at least 30 days before the beginning of the term of any member appointed pursuant to paragraph (g) of subsection 1, or within 30 days after such a position on the Committee becomes vacant, submit to the Governor the names of at least three persons qualified for membership on the Committee pursuant to paragraph (g) of subsection 1. The Governor shall appoint a new member or fill the vacancy from the list, or request a new list. The Governor may appoint any qualified person who is a resident of this State to the position described in paragraph (g) of subsection 1.

(Added to NRS by 2003, 394; A 2007, 428)

NRS 432.360 Committee for the Statewide Alert System: Duties; powers.

1. The Committee shall, in consultation with the Attorney General:

(a) Oversee the System;

(b) Set forth the components of the System;

(d) Monitor, review and evaluate the activations of the System to determine whether such activations complied with NRS 432.300 to 432.380, inclusive; and

(e) Conduct periodic tests of the System.

2. The Committee may:

(a) Dedicate the System to one or more persons;

(b) Establish a name for the System that is in addition to the definition set forth in NRS 432.330; and

(Added to NRS by 2003, 394)

NRS 432.370 Activation by law enforcement agency to broadcast emergency bulletin on behalf of abducted child; review of completed activation by Committee for the Statewide Alert System.

1. A law enforcement agency which has jurisdiction over the investigation of an abducted child who is less than 18 years of age may activate the System to broadcast an emergency bulletin on behalf of the child if:

(a) The law enforcement agency confirmed that the child has been abducted;

(b) The child is in danger of serious physical harm or death; and

(c) The law enforcement agency has sufficient descriptive information about the child or the person who is suspected of abducting the child, or other pertinent information, to warrant immediate broadcast of the information.

2. Before activation of the System on behalf of a child, the law enforcement agency shall determine whether the broadcast of information will encompass:

(a) A particular county, region or state; or

(b) More than one state.

3. A law enforcement agency is not required to obtain the prior consent of the Committee before activating the System, but the Committee may review an activation of the System after the activation is complete.

(Added to NRS by 2003, 394)

1. If a broadcaster that participates in the System receives a notification of activation of the System by a law enforcement agency concerning an abducted child and as a result of that notification broadcasts descriptive information concerning the abducted child and other information contained in the notification to assist with the safe return of the child, the broadcaster is immune from civil liability based upon the broadcast of that information.

2. If a person enters into an agreement with the Committee to establish or maintain a website for the System and the agreement provides that only the law enforcement agency activating the System has the authority or ability to place information on the website, the person is immune from civil liability based upon the information that is placed on the website by the law enforcement agency.

(Added to NRS by 2003, 395)