NAC: CHAPTER 62B - INSTITUTIONS, AGENCIES AND FACILITIES TO WHICH CHILDREN ARE COMMITTED

[Rev. 6/7/2026 10:59:42 AM]

CHAPTER 62B - INSTITUTIONS, AGENCIES AND FACILITIES TO WHICH CHILDREN ARE COMMITTED

[NAC-62B Revised Date: 4-26]

GENERAL PROVISIONS

62B.010 Definitions.

62B.015 “Abuse or neglect” defined.

62B.020 “Agency” defined.

62B.030 “Child” defined.

62B.040 “Division” defined.

62B.045 “Gender identity or expression” defined.

62B.050 “Institution” defined.

62B.060 “Office” defined.

INSTITUTIONS, AGENCIES OR FACILITIES TO WHICH CHILD IS COMMITTED

Commitment and Placement of Children

62B.080 Factors for consideration by juvenile court before committing child.

62B.085 Establishment of procedure by institution or agency to ensure appropriate placement of child in accordance with gender identity or expression.

Training for Certain Employees

62B.100 Training of employees who have direct contact with children or have supervisory duties over other employees.

62B.110 Maintenance of records relating to employee training; annual reports.

62B.120 Effect of failure of agency to submit annual report.

MEASURES TO IMPROVE OUTCOMES FOR YOUTH IN JUVENILE JUSTICE SYSTEM

62B.200 Implicit bias and cultural competency training required for certain persons.

62B.210 Requirements for implicit bias and cultural competency training; application to Division for approval to provide training; review and approval of application; submission of revised training to Division for approval.

62B.220 Use of evidence-based practices in providing services to children; report to Division concerning certain programs or services; duties and authority of Division.

GENERAL PROVISIONS

NAC 62B.010 Definitions. (NRS 62B.250) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 62B.015 to 62B.060, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016; A by R095-18, 10-25-2018)

NAC 62B.015 “Abuse or neglect” defined. (NRS 62B.212) “Abuse or neglect” has the meaning ascribed to “abuse or neglect of a child” in NRS 432B.020.

(Added to NAC by Div. of Child & Fam. Services by R095-18, eff. 10-25-2018)

NAC 62B.020 “Agency” defined. (NRS 62B.250) “Agency” means any public or private agency, organization or institution detaining or otherwise having custody or control of a child pursuant to title 5 of NRS.

(Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016)

NAC 62B.030 “Child” defined. (NRS 62B.250) “Child” has the meaning ascribed to it in NRS 62A.030.

(Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016)

NAC 62B.040 “Division” defined. (NRS 62B.250) “Division” means the Division of Child and Family Services of the Department of Human Services.

(Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016)

NAC 62B.045 “Gender identity or expression” defined. (NRS 62B.212) “Gender identity or expression” has the meaning ascribed to it in NRS 0.034.

(Added to NAC by Div. of Child & Fam. Services by R095-18, eff. 10-25-2018)

NAC 62B.050 “Institution” defined. (NRS 62B.250) “Institution” means a facility where a child is held before or after adjudication to be in need of supervision or a delinquent child pursuant to title 5 of NRS. The term does not include a group home in which a child may be held pursuant to title 5 of NRS.

(Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016)

NAC 62B.060 “Office” defined. (NRS 62B.250) “Office” means the Juvenile Justice Programs Office of the Division.

(Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016)

INSTITUTIONS, AGENCIES OR FACILITIES TO WHICH CHILD IS COMMITTED

Commitment and Placement of Children

NAC 62B.080 Factors for consideration by juvenile court before committing child. (NRS 62B.212) Pursuant to NRS 62B.212, a juvenile court shall consider the following factors before committing a child to an institution or agency:

1. The gender identity or expression of the child;

2. Whether the institution or agency to which the juvenile court wishes to commit the child has a procedure that complies with NAC 62B.085; and

3. The ability of the institution or agency to meet the needs of the child.

(Added to NAC by Div. of Child & Fam. Services by R095-18, eff. 10-25-2018)

NAC 62B.085 Establishment of procedure by institution or agency to ensure appropriate placement of child in accordance with gender identity or expression. (NRS 62B.212)

1. Each institution or agency shall establish a procedure that, at a minimum, ensures:

(a) A determination of the gender identity or expression or sexual orientation of a child who is held at the institution or in the custody or control of the agency is made in a manner that is primarily based on self-reporting from the child and is respectful and developmentally appropriate.

(b) Responsiveness to the gender identity or expression of a child who is held at the institution or in the custody or control of the agency with regard to, without limitation:

(1) A determination concerning arrangements for housing, including, without limitation, arrangements for housing that:

(I) Align with the gender identity or expression of the child;

(II) Take into consideration the wishes of the child; and

(III) Take into consideration the health and safety of the child; and

(2) Access to privacy while showering, changing clothes and using the bathroom facility.

(c) A child who is held at the institution or in the custody or control of the agency is free from abuse or neglect and bullying or harassment that is based on the gender identity or expression of the child.

(d) The staff of the institution or agency is instructed on how to detect, respond to and protect a child who is held at the institution or in the custody or control of the agency from any threatened or actual abuse or neglect, bullying or harassment.

(e) The staff of the institution or agency is instructed on how to communicate effectively and professionally with and about a child who is held at the institution or in the custody or control of the agency, regardless of the gender identity or expression or sexual orientation of the child.

(f) Resources necessary to support the gender identity or expression and sexual orientation of all children held at the institution or in the custody or control of the agency are identified and provided to the children.

(g) Except as otherwise provided in this paragraph or as otherwise required by state or federal law, the gender identity or expression or sexual orientation of a child who is held at the institution or in the custody or control of the agency is not disclosed without the consent of the child. The gender identity or expression or sexual orientation of a child who is held at the institution or in the custody or control of the agency may be disclosed in limited circumstances, as recommended by a mental health professional, without the consent of the child if the superintendent of the state facility for the detention of children or the director of juvenile services has determined, based on the recommendation of the mental health professional, that such a disclosure is in the best interest of the child and the disclosure is limited to the circumstances recommended by the mental health professional.

(h) The staff of the institution or agency is prohibited from conducting a physical examination of the genitals or pubic area of a child who is held at the institution or in the custody or control of the agency solely to determine the gender of the child.

(i) A child who is held at the institution or in the custody or control of the agency is not placed in isolation or restrictive settings based on the gender identity or expression or sexual orientation of the child, including, without limitation, the use of such a placement as a means of protecting the child.

2. As used in this section:

(a) “Director of juvenile services” has the meaning ascribed to it in NRS 62A.080.

(b) “Mental health professional” means a person licensed in the State of Nevada as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor or clinical social worker.

(c) “Superintendent of the state facility for the detention of children” means the person appointed to the position created pursuant to NRS 63.100.

(Added to NAC by Div. of Child & Fam. Services by R095-18, eff. 10-25-2018)

Training for Certain Employees

NAC 62B.100 Training of employees who have direct contact with children or have supervisory duties over other employees. (NRS 62B.250)

1. An agency that operates an institution shall ensure that each employee who comes into direct contact with children who are in custody receives training in accordance with NRS 62B.250. The training must consist of instruction concerning:

(a) The topics listed in subsection 1 of NRS 62B.250;

(b) Proper reporting of suspected abuse or neglect;

(c) Proper reporting and investigation of sexual harassment or sexual misconduct consistent with the requirements set forth in the federal Prison Rape Elimination Act of 2003, 42 U.S.C. §§ 15601 et seq., and 28 C.F.R. §§ 115.5 et seq.;

(d) The conditions and limitations of the use of corrective room restriction set forth in NRS 62B.215;

(e) The plan for care of children in the institution during disasters developed pursuant to NRS 62B.220;

(f) Trauma-informed care of children; and

(g) Data collection.

2. In addition to the instruction required by subsection 1, an agency that operates an institution shall ensure that the training required by subsection 1 and NRS 62B.250 for an employee who has supervisory duties over other employees includes instruction concerning:

(a) The provisions of the “Juvenile Detention Facility Standards” adopted by the Juvenile Justice Commission; and

(b) The disproportionate contact of children belonging to a racial or ethnic minority group with the juvenile justice system.

3. As used in this section, “trauma-informed care” means an approach to the delivery of care to a child that takes into account the impact of trauma on the child and emphasizes physical, psychological and emotional safety for both providers and children.

(Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016; A by R095-18, 10-25-2018)

NAC 62B.110 Maintenance of records relating to employee training; annual reports. (NRS 62B.250)

1. An agency that operates an institution shall keep records related to the training of new and existing employees required pursuant to NRS 62B.250 and NAC 62B.100. Such records must include, without limitation, the date, topic and name of each employee who attended each training session.

2. Not later than February 15 of each year, an agency that operates an institution shall submit to the Office on a form developed and provided by the Office a report concerning the training required by NRS 62B.250 and NAC 62B.100. The report must include, without limitation, the date and topic of each training session and the total number of employees who attended each training session.

3. Based on the information provided to the Office pursuant to this section, the Office will produce an annual report summarizing training provided pursuant to NRS 62B.250 and NAC 62B.100.

(Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016)

NAC 62B.120 Effect of failure of agency to submit annual report. (NRS 62B.250) If an agency fails to comply with the requirement to submit an annual training report pursuant to NAC 62B.110, the Office shall notify the governing body of the agency and may take any other action deemed lawful until the agency complies with such reporting requirement.

(Added to NAC by Div. of Child & Fam. Services by R107-16, eff. 12-21-2016)

MEASURES TO IMPROVE OUTCOMES FOR YOUTH IN JUVENILE JUSTICE SYSTEM

NAC 62B.200 Implicit bias and cultural competency training required for certain persons. (NRS 62B.607)

1. Except as otherwise provided in subsection 2, each person who is subject to the requirements of subsection 1 of NRS 62B.607 shall complete training in implicit bias and cultural competency as soon as practicable after commencing his or her employment and once every 2 years thereafter.

2. Each employee of the Youth Parole Bureau, a department of juvenile services, a local facility for the detention of children or a regional facility for the treatment and rehabilitation of children who is subject to the requirements of subsection 1 of NRS 62B.607 shall complete training in implicit bias and cultural competency within 90 days after commencing his or her employment and once every 2 years thereafter.

(Added to NAC by Div. of Child & Fam. Services by R055-22, eff. 11-9-2023)

NAC 62B.210 Requirements for implicit bias and cultural competency training; application to Division for approval to provide training; review and approval of application; submission of revised training to Division for approval. (NRS 62B.607)

1. The training relating to implicit bias and cultural competency that is required to be provided by an employer pursuant to NRS 62B.607:

(a) Must, to the extent practicable, be developed with the participation of children who are members of sexual and gender minority populations or racial or ethnic minorities, children with disabilities and children who are or were placed with an agency which provides child welfare services.

(b) Must include instruction concerning:

(1) The elements identified in subsection 2 of NRS 62B.607;

(2) Cultural responsiveness to sexual and gender minority populations;

(3) The impact of trauma and adverse child experiences on the health and well-being of children; and

(4) The difference between direct discrimination and indirect discrimination, including, without limitation, the difference between direct discrimination and implicit bias.

(1) In person or online.

(2) Pursuant to a contract with or through an entity that provides such training, including, without limitation, a governmental agency or an accredited college or university.

2. Before providing the training described in subsection 1 initially to any employee, an employer that is required to provide the training shall obtain approval of the training from the Division. To apply for such approval, the employer shall submit to the Division:

(a) The curriculum for the training;

(b) A statement describing the manner in which the employer has complied with paragraph (a) of subsection 1; and

3. The Division will review the application submitted pursuant to subsection 2 and, if necessary, will consult with any person or entity determined by the Division to possess experience or expertise in developing training relating to implicit bias and cultural competency.

4. The Division will approve the training if the Division determines that the training satisfies the requirements of subsection 1.

5. Within 60 days after the date on which the Division receives the application submitted pursuant to subsection 2, the Division will provide written notice of its approval or disapproval of the training to the employer. If the Division disapproves the training, the notice will state the reasons for the disapproval.

6. If an employer makes any substantial change to the training after its approval by the Division, the employer shall submit the information required pursuant to subsection 2 relating to the revised training for approval by the Division.

7. As used in this section:

(a) “Cultural responsiveness” means the ability of a person to adapt his or her behavior to the cultural needs of other persons in a manner that recognizes, affirms and values the worth and preserves the dignity of people, families and communities.

(b) “Implicit bias” means bias that results from an unconscious attitude, prejudice or stereotype regarding a population.

(1) Self-identify as lesbian, gay, bisexual, asexual, transgender, two-spirit, queer or intersex; or

(2) Do not self-identify as lesbian, gay, bisexual, asexual, transgender, two-spirit, queer or intersex, but whose sexual orientation, gender identity or expression or reproductive development is outside of the heterosexual or cisgender constructs of sexual identities.

(Added to NAC by Div. of Child & Fam. Services by R055-22, eff. 11-9-2023)

NAC 62B.220 Use of evidence-based practices in providing services to children; report to Division concerning certain programs or services; duties and authority of Division. (NRS 62B.615)

1. A local facility for the detention of children, a regional facility for the treatment and rehabilitation of children, a state facility for the detention of children and each department of juvenile services shall use evidence-based practices in providing services to children. Such practices must comply with the evidence-based standards developed by the Commission pursuant to NRS 62B.615.

2. On or before December 15 of each year, a local facility for the detention of children, a regional facility for the treatment and rehabilitation of children, a state facility for the detention of children and each department of juvenile services shall submit to the Division a written report concerning any programs or services offered by the facility or department that are funded using state money for the immediately preceding fiscal year. Such a report must include, without limitation, the name of each such program or service and a description of the manner in which the program or service complies with the evidence-based standards developed by the Commission pursuant to NRS 62B.615.

3. The Division will annually evaluate each report received pursuant to subsection 2 to determine whether the facility or department is in compliance with the requirement set forth in subsection 1.

4. The Division may require a facility or department to submit additional information to the Division relating to any programs or services offered by the facility or department included in the report received pursuant to subsection 2.

5. If the Division determines that a facility or department is not in compliance with the requirement set forth in subsection 1, the Division may withhold state money from the facility or department. Before any money is withheld, the Division will:

(a) Notify the facility or department of the specific program or service which is not in compliance with subsection 1;

(b) Require the facility or department to submit a corrective action plan to the Division within 60 days after receiving such a notice of noncompliance; and

(c) If the facility or department does not submit or adhere to a corrective action plan, notify the facility or department that money will be withheld and specify the amount thereof.

6. As used in this section, “state money” means money received from the State, except money received from the State Plan for Medicaid as a benefit for a child subject to the jurisdiction of a juvenile court.

(Added to NAC by Div. of Child & Fam. Services by R021-20, eff. 12-22-2021)