[Rev. 6/2/2018 5:16:54 PM--2017]
CHAPTER 432B - PROTECTION OF CHILDREN FROM ABUSE AND NEGLECT
GENERAL PROVISIONS
NRS 432B.010 Definitions.
NRS 432B.020 “Abuse or neglect of a child” defined.
NRS 432B.030 “Agency which provides child welfare services” defined.
NRS 432B.035 “Central Registry” defined.
NRS 432B.040 “Child” defined.
NRS 432B.042 “Child protective services” defined.
NRS 432B.044 “Child welfare services” defined.
NRS 432B.050 “Court” defined.
NRS 432B.060 “Custodian” defined.
NRS 432B.065 “Division of Child and Family Services” defined.
NRS 432B.0655 “Fetal alcohol spectrum disorder” defined.
NRS 432B.066 “Gender identity or expression” defined.
NRS 432B.067 “Indian child” defined.
NRS 432B.068 “Indian Child Welfare Act” defined.
NRS 432B.069 “Information maintained by an agency which provides child welfare services” defined.
NRS 432B.070 “Mental injury” defined.
NRS 432B.080 “Parent” defined.
NRS 432B.090 “Physical injury” defined.
NRS 432B.100 “Sexual abuse” defined.
NRS 432B.110 “Sexual exploitation” defined.
NRS 432B.121 Definition of when person has “reasonable cause to believe” and when person acts “as soon as reasonably practicable.”
NRS 432B.130 Persons responsible for child’s welfare.
NRS 432B.135 Child in custody of agency which provides child welfare services deemed homeless in certain circumstances. [Repealed.]
NRS 432B.140 Negligent treatment or maltreatment.
NRS 432B.150 Excessive corporal punishment may constitute abuse or neglect.
NRS 432B.153 Presumptions concerning custody and visitation when parent of child is convicted of first degree murder of other parent of child.
NRS 432B.157 Presumption concerning custody when court determines that parent or other person seeking custody of child is perpetrator of domestic violence.
NRS 432B.159 Presumption concerning custody and visitation when parent or other person seeking custody of child is perpetrator of any act of abduction against the child.
NRS 432B.160 Immunity from civil or criminal liability; presumption.
NRS 432B.163 Authority of agency which provides child welfare services to provide services to pupils and staff of school that experiences crisis, emergency or suicide. [Effective July 1, 2018.]
NRS 432B.165 Authority of agency which provides child welfare services and other entities to provide information to assist in locating a missing child; information not confidential; report of information received concerning missing child who is in custody of agency.
NRS 432B.170 Authority of agency which provides child welfare services to share information with state or local agencies.
NRS 432B.172 Agency which provides child welfare services required to treat child in accordance with gender identity or expression; regulations concerning placement of child.
NRS 432B.174 Normalcy for Foster Youth Account; creation; use; gifts, grants and donations; nonreversion.
NRS 432B.175 Availability of data or information regarding fatality or near fatality of child who is subject of report of abuse or neglect; limitation on disclosure; regulations.
NRS 432B.178 Director of Department of Health and Human Services authorized to create interagency committee to evaluate child welfare system in this State; appointment of members; submission of written report.
ADMINISTRATION
General Provisions
NRS 432B.180 Duties of Division of Child and Family Services.
NRS 432B.190 Regulations to be adopted by Division of Child and Family Services.
NRS 432B.195 Agency which provides child welfare services required to provide training to certain employees concerning rights of certain persons responsible for child’s welfare and working with lesbian, gay, bisexual, transgender and questioning children; employees not required or authorized to offer legal advice, legal assistance or legal interpretation of state or federal laws.
NRS 432B.197 Agency which provides child welfare services required to establish policies to ensure that children in custody of agency have access to and safe administration of clinically appropriate psychotropic medication.
NRS 432B.198 Employment with agency which provides child welfare services: Background investigation required; periodic additional investigations.
NRS 432B.199 Employment with agency which provides child welfare services: Termination of employee charged with or convicted of certain crimes; correction of information.
NRS 432B.200 Toll-free telephone number for reports of abuse or neglect; design and distribution of informational poster.
NRS 432B.210 State, political subdivisions and agencies to cooperate with agencies which provide child welfare services.
NRS 432B.215 Acquisition and use of information concerning probationers and parolees.
Corrective Action, Improvement Plans and Incentive Payments
NRS 432B.2155 Corrective action or corrective action plan to be carried out by agency which provides child welfare services when necessary; consequences of failing to carry out action or plan within required period; Division of Child and Family Services to adopt regulations.
NRS 432B.216 Agency which provides child welfare services to submit biennial improvement plan; agency to solicit input regarding plan; requirements of plan; agency to submit annual data to Division of Child and Family Services.
NRS 432B.2165 Division of Child and Family Services to administer program to award incentive payment to agency which provides child welfare services in a county whose population is 100,000 or more; application for incentive payment; approval and denial of incentive payment.
NRS 432B.217 Application by agency which provides child welfare services for incentive payment in subsequent years; approval of application; amount of subsequent incentive payment.
NRS 432B.2175 Agency which provides child welfare services that receives incentive payment to submit report to Division of Child and Family Services demonstrating percentage of goal achieved.
NRS 432B.218 Annual report to Governor and Legislature concerning achievement of specific performance targets in improvement plans and specific goals established to receive incentive payment.
Grants to Agency Which Provides Child Welfare Services
NRS 432B.2185 Block grant awarded to agency which provides child welfare services in county whose population is 100,000 or more; amount and use of block grant.
NRS 432B.219 Categorical grants for adoption assistance programs; determination of amount; restrictions on use.
REPORTS OF ABUSE OR NEGLECT; REPORTS OF PRENATAL SUBSTANCE ABUSE
NRS 432B.220 Persons required to make report; when and to whom reports are required; any person may make report; report and written findings if reasonable cause to believe death of child caused by abuse or neglect; certain persons and entities required to inform reporters of duty to report.
NRS 432B.225 Attorney prohibited from reporting abuse or neglect of child in certain circumstances.
NRS 432B.230 Method of making report; contents.
NRS 432B.240 Penalty for failure to make report.
NRS 432B.250 Persons required to report prohibited from invoking certain privileges.
NRS 432B.255 Admissibility of evidence.
NRS 432B.260 Action upon receipt of report; agency which provides child welfare services required to inform person named in report of allegation of abuse or neglect if report is investigated.
NRS 432B.270 Interview of child and sibling of child concerning possible abuse or neglect; photographs, X-rays and medical tests.
NRS 432B.280 Confidentiality of information maintained by an agency which provides child welfare services; exceptions; penalty.
NRS 432B.290 Maintenance of information by agency which provides child welfare services; authorized release of such information; penalty; fee for release of information; rules, policies or regulations.
NRS 432B.300 Determinations to be made from investigation of report.
NRS 432B.310 Report to Central Registry of abuse or neglect required upon completion of investigation; report to Central Registry of fetal alcohol spectrum disorder, prenatal substance abuse or withdrawal symptoms resulting from prenatal drug exposure only required if child has been abused or neglected after child was born.
NRS 432B.315 Written notification of substantiated report to person responsible for child’s welfare.
NRS 432B.317 Administrative appeal of substantiated report; hearing.
NRS 432B.320 Waiver of full investigation of report.
NRS 432B.322 Inapplicability of NRS 432B.220 to 432B.322, inclusive, to certain reports, investigations or information.
PROTECTIVE SERVICES AND CUSTODY
NRS 432B.325 County whose population is 100,000 or more to provide child protective services in county; county whose population is less than 100,000 to provide such services in certain circumstances.
NRS 432B.326 Payment of assessment for provision of child protective services by county whose population is less than 100,000; exemption.
NRS 432B.327 Division of Child and Family Services to submit certain reports concerning budgets for child protective services to Governor, certain counties and Legislative Commission.
NRS 432B.330 Circumstances under which child is or may be in need of protection.
NRS 432B.340 Determination that child needs protection but is not in imminent danger.
NRS 432B.350 Teams for protection of child.
NRS 432B.360 Voluntary placement of child with agency or institution; regulations.
NRS 432B.370 Determination that child is not in need of protection.
NRS 432B.380 Referral of case to district attorney for criminal prosecution; recommendation to file petition.
NRS 432B.390 Placement of child in protective custody.
NRS 432B.3905 Limitations on transfer and placement of child who is under 6 years of age; notice.
NRS 432B.391 Agency which provides child welfare services or designee authorized to conduct preliminary Federal Bureau of Investigation name-based check of background of certain adult residents of home in which child will be placed in emergency situation; person investigated to supply fingerprints; exchange of information; removal of child from home upon refusal to supply fingerprints.
NRS 432B.393 Preservation and reunification of family of child to prevent or eliminate need for removal from home before placement in foster care and to make safe return to home possible; when reasonable efforts are not required; determining whether reasonable efforts have been made.
NRS 432B.396 Establishment of panel to evaluate extent to which agencies which provide child welfare services are effectively discharging their responsibilities; regulations; civil penalties.
NRS 432B.397 Inquiry to determine whether child is Indian child; report to court; training regarding requirements of Indian Child Welfare Act.
NRS 432B.400 Temporary detention of child by physician or person in charge of hospital or similar institution.
CHILD DEATH REVIEW TEAMS
NRS 432B.403 Purpose of organizing child death review teams.
NRS 432B.405 Organization of child death review teams.
NRS 432B.406 Composition of child death review teams.
NRS 432B.407 Information available to child death review teams; sharing of certain information; subpoena to obtain information; confidentiality of information.
NRS 432B.4075 Authority of Administrator to organize multidisciplinary team to oversee review conducted by child death review team; access to information and privileges.
NRS 432B.408 Executive Committee to Review the Death of Children to review report of child death review team.
NRS 432B.409 Establishment, composition and duties of Executive Committee to Review the Death of Children; creation of and use of money in Review of Death of Children Account.
NRS 432B.4095 Civil penalty for disclosure of confidential information; authority to bring action; deposit of money.
CIVIL PROCEEDINGS
General Provisions
NRS 432B.410 Exclusive original jurisdiction; action does not preclude prosecution.
NRS 432B.420 Right of parent or other responsible person to representation by attorney; child deemed party to proceedings; court required to appoint attorney to represent child; authority and rights of child’s attorney; compensation of attorney.
NRS 432B.425 Notification of tribe if proceedings involve Indian child; transfer of proceedings to Indian child’s tribe; exercise of jurisdiction by court.
NRS 432B.430 Restriction on admission of persons to proceedings.
NRS 432B.435 Presentation of evidence of child’s previous sexual conduct prohibited; exception.
NRS 432B.440 Assistance by agency which provides child welfare services.
NRS 432B.450 Expert testimony raising presumption of need for protection of child.
NRS 432B.451 Qualified expert witness required in proceeding to place Indian child in foster care.
NRS 432B.455 Determination of appropriate person to take custody of child: Appointment and duties of special master.
NRS 432B.457 Determination of appropriate person to take custody of child: Involvement in and notification of person with special interest in child; testimony by person with special interest in child.
NRS 432B.459 Provision of copy of sound recording or transcript of proceeding to parent or guardian; fees.
NRS 432B.460 Courts not deprived of right to determine custody or guardianship.
NRS 432B.462 Educational surrogate parent: Appointment; duties; revocation of appointment; selection pursuant to applicable law.
NRS 432B.465 Full faith and credit to judicial proceedings of Indian tribe.
NRS 432B.4655 Joinder of governmental entity or other person to certain proceedings to enforce legal obligation of such entity or person.
Permanent Placement With Guardian
NRS 432B.466 Petition for appointment of guardian; notice.
NRS 432B.4665 Appointment of guardian; powers and duties of and limitations on guardian; effect of guardianship.
NRS 432B.467 Consideration of evidence in determining whether to appoint guardian; right of visitation to certain persons.
NRS 432B.4675 Effect of entry of final order establishing guardianship.
NRS 432B.468 Enforcement, modification and termination of guardianship; appointment of successor guardian.
Person Legally Responsible for Psychiatric Care of Child
NRS 432B.4681 Definitions.
NRS 432B.4682 “Person professionally qualified in the field of psychiatric mental health” defined.
NRS 432B.4683 “Psychiatric care” defined.
NRS 432B.4684 Nomination; person nominated deemed to be person who is legally responsible pending court approval; petition to appoint nominee; persons authorized to be nominated or appointed.
NRS 432B.4685 Persons eligible for court appointment.
NRS 432B.4686 Responsibilities and duties.
NRS 432B.4687 Considerations for approval of administration of psychotropic medication to child; written consent for administration of such medication or notice of denial; other required approval.
NRS 432B.4688 Administration of psychotropic medication to child allowed only in accordance with consent; quarterly review of records of child.
NRS 432B.4689 Administration of psychotropic medication without consent authorized under certain circumstances.
NRS 432B.469 Agency which provides child welfare services retains responsibility for health and well-being of child in its custody.
Hearing on Protective Custody
NRS 432B.470 Hearing required; notice.
NRS 432B.480 Hearing: Court required to advise parties of rights; determinations by court; order to continue custody or release child.
NRS 432B.490 Procedure following hearing or investigation.
Hearing on Need of Protection for Child
NRS 432B.500 Appointment of guardian ad litem after filing of petition.
NRS 432B.505 Qualifications of special advocate for appointment as guardian ad litem.
NRS 432B.510 Execution and contents of petition; representation of interests of public.
NRS 432B.513 Copy of report or information required to be provided to parent or guardian before certain proceedings.
NRS 432B.515 Electronic filing of certain petitions and reports.
NRS 432B.520 Issuance of summons; authorizing the assumption of custody by court and removal of child from certain conditions; authorizing the attachment of child and placement of child in protective custody.
NRS 432B.530 Adjudicatory hearing on petition; disposition.
NRS 432B.540 Report by agency which provides child welfare services; plan for placement of child.
NRS 432B.550 Determination of custody and placement of child by court; retention of certain rights by parent when child placed other than with parent; determination of whether agency which provides child welfare services has made reasonable efforts required.
NRS 432B.553 Plan for permanent placement of child.
NRS 432B.555 Restriction on release of child to custodial parent or guardian who has been convicted of abuse, neglect or endangerment of child.
NRS 432B.560 Additional orders by court: Treatment; conduct; visitation; support. [Effective until the effective date of the regulations adopted by the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services establishing the guidelines in this State for the support of one or more children pursuant to NRS 425.620.]
NRS 432B.560 Additional orders by court: Treatment; conduct; visitation; support. [Effective on the effective date of the regulations adopted by the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services establishing the guidelines in this State for the support of one or more children pursuant to NRS 425.620.]
NRS 432B.570 Motion for revocation or modification of order.
NRS 432B.580 Semiannual review of placement of child; report by agency acting as custodian of child; visitation between child and siblings; hearing to review placement. [Effective through June 30, 2018.]
NRS 432B.580 Semiannual review of placement of child; report by agency acting as custodian of child; visitation between child and siblings; hearing to review placement. [Effective July 1, 2018.]
NRS 432B.585 Appointment of panel to conduct semiannual review.
NRS 432B.590 Annual hearing concerning permanent placement of child; review of plan for permanent placement of child; court to prepare explicit statement of facts; court authorized to review any decision of agency with legal custody of child; when presumption that best interests of child will be served by termination of parental rights arises.
Termination and Restoration of Parental Rights
NRS 432B.5901 Applicability of chapter 128 of NRS to proceedings concerning termination of parental rights; authority of agency which provides child welfare services to file motion for termination of parental rights.
NRS 432B.5902 Service of motion and notice of hearing; response to motion.
NRS 432B.5903 Appearance of parties; contest of allegations or relinquishment of parental rights; evidentiary hearing.
NRS 432B.5904 Mediation for purpose of negotiating open adoption agreement.
NRS 432B.5905 Testifying at evidentiary hearing by telephone or video conference.
NRS 432B.5906 Final order; appeal.
NRS 432B.5907 Time for resolution of appeal.
NRS 432B.5908 Petition for restoration of parental rights.
CONTINUATION OF JURISDICTION OF COURT OVER CHILD WHO REACHES 18 YEARS OF AGE WHILE IN CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE SERVICES
NRS 432B.591 “Child” defined.
NRS 432B.592 Court to refer child to attorney for counsel regarding continuation of jurisdiction.
NRS 432B.593 Agency which provides child welfare services to meet with child to determine whether child intends to request continuation of jurisdiction; effect of such meeting; child who has independent living agreement not prohibited from requesting continuation of jurisdiction.
NRS 432B.594 Retention of court’s jurisdiction over child; termination of such jurisdiction; written agreement between agency which provides child welfare services and child; resolution of dispute between agency and child; rights of child to services and payments while under jurisdiction of court.
NRS 432B.595 Written plan to assist child to transition to independent living; duties of agency which provides child welfare services during period that court retains jurisdiction.
LOCAL ADVISORY BOARDS TO EXPEDITE PROCEEDINGS FOR PLACEMENT OF CHILDREN
NRS 432B.604 Creation; members; terms; vacancies; members serve without compensation; duties.
NRS 432B.606 Referral of case by court to local advisory board.
COURT-ORDERED ADMISSION OF CERTAIN CHILDREN WITH EMOTIONAL DISTURBANCE TO CERTAIN FACILITIES
NRS 432B.607 Definitions.
NRS 432B.6071 “Child with an emotional disturbance” defined.
NRS 432B.60715 “Court-ordered admission of a child” defined.
NRS 432B.6072 “Facility” defined.
NRS 432B.6073 “Person professionally qualified in the field of psychiatric mental health” defined.
NRS 432B.6074 “Treatment” defined.
NRS 432B.6075 Petition: Filing; certificate or statement of alleged emotional disturbance.
NRS 432B.6076 Findings and order; alternative courses of treatment.
NRS 432B.6077 Petition required before child may be placed in facility other than under emergency admission; psychological examination of child required under certain circumstances; placement in less restrictive environment; any person may oppose petition.
NRS 432B.6078 Provision of information and assistance to child; second examination of child.
NRS 432B.6079 Considerations for court in issuing or renewing order.
NRS 432B.608 Expiration and renewal of admission.
NRS 432B.6081 Plan for continued care, treatment and training of child upon discharge.
NRS 432B.6082 Personal rights.
NRS 432B.6083 Conditional release: No liability of State; notice to court and attorney of agency; order to return to facility; judicial review of order to return to facility.
NRS 432B.6084 Release without further order of court; early release.
NRS 432B.60845 Requirements for certain facilities concerning training of employees and gender identity or expression of child placed in facility.
NRS 432B.6085 Children’s rights; application of various provisions of chapters 433 and 435 of NRS and all of chapters 433A and 433B of NRS to children in custody of agency which provides child welfare services.

KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM
NRS 432B.621 “Program” defined.
NRS 432B.622 Department to establish and administer Program; agency which provides child welfare services authorized to enter into agreement to provide assistance to relative of child pursuant to Program.
NRS 432B.623 Qualifications for assistance pursuant to Program; placement of sibling of child who is eligible for assistance.
NRS 432B.624 Required provisions in agreement for assistance entered into pursuant to Program; eligibility for federal assistance for adoption not affected by such agreement.
NRS 432B.625 Background checks required before entering into agreement with relative for assistance pursuant to Program.
NRS 432B.626 Agency which provides child welfare services to include certain information in case plan of child whose legal guardian receives assistance pursuant to Program.
MISCELLANEOUS PROVISIONS
NRS 432B.630 Delivery of newborn child to provider of emergency services.
NRS 432B.635 Immunity from liability for allowing child to participate in extracurricular, cultural or personal enrichment activities.
NRS 432B.640 Assessment of child who may need counseling as result of battery that constitutes domestic violence; provision of evaluation or counseling.
_________
NOTE: Section 1.5 of ch. 253, Statutes of Nevada 2013, at page 1085, has been codified as NRS 439B.227.
GENERAL PROVISIONS
NRS 432B.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432B.020 to 432B.110, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1985, 1368; A 1991, 1920; 1993, 2705; 1995, 786; 2011, 2523; 2013, 523, 2877; 2017, 27, 1382)
NRS 432B.020 “Abuse or neglect of a child” defined.
1. “Abuse or neglect of a child” means, except as otherwise provided in subsection 2:
(a) Physical or mental injury of a nonaccidental nature;
(b) Sexual abuse or sexual exploitation; or
(c) Negligent treatment or maltreatment as set forth in NRS 432B.140,
Ê of a child caused or allowed by a person responsible for the welfare of the child under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.
2. A child is not abused or neglected, nor is the health or welfare of the child harmed or threatened for the sole reason that:
(a) The parent of the child delivers the child to a provider of emergency services pursuant to NRS 432B.630, if the parent complies with the requirements of paragraph (a) of subsection 3 of that section; or
(b) The parent or guardian of the child, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this State in lieu of medical treatment. This paragraph does not limit the court in ensuring that a child receive a medical examination and treatment pursuant to NRS 62E.280.
3. As used in this section, “allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that a child is abused or neglected.
(Added to NRS by 1985, 1368; A 2001, 1255; 2003, 1149)
NRS 432B.030 “Agency which provides child welfare services” defined. “Agency which provides child welfare services” means:
1. In a county whose population is less than 100,000, the local office of the Division of Child and Family Services; or
2. In a county whose population is 100,000 or more, the agency of the county,
Ê which provides or arranges for necessary child welfare services.
(Added to NRS by 1985, 1369; A 1993, 2705; 2001 Special Session, 34)
NRS 432B.035 “Central Registry” defined. “Central Registry” has the meaning ascribed to it in NRS 432.0999.
(Added to NRS by 2013, 2875)
NRS 432B.040 “Child” defined. “Child” means a person under the age of 18 years or, if in school, until graduation from high school. The term does not include a child who remains under the jurisdiction of the court pursuant to NRS 432B.594.
(Added to NRS by 1985, 1369; A 2011, 252)
NRS 432B.042 “Child protective services” defined. “Child protective services” means services for the protection of children, including, without limitation, investigations of abuse or neglect and assessments. The term does not include foster care services or services related to adoption.
(Added to NRS by 2011, 2522)
NRS 432B.044 “Child welfare services” defined. “Child welfare services” includes, without limitation:
1. Child protective services;
2. Foster care services, including, without limitation, maintenance and special services, as defined in NRS 432.010; and
3. Services related to adoption.
(Added to NRS by 2001 Special Session, 34; A 2011, 2523)
NRS 432B.050 “Court” defined. “Court” has the meaning ascribed to it in NRS 62A.180.
(Added to NRS by 1985, 1369; A 1991, 2186; 2003, 1149)
NRS 432B.060 “Custodian” defined. “Custodian” means a person or a governmental organization, other than a parent or legal guardian, who has been awarded legal custody of a child. The term does not include a person or governmental organization who continues to provide services to a child that remains under the jurisdiction of a court pursuant to NRS 432B.594.
(Added to NRS by 1985, 1369; A 2011, 252)
NRS 432B.065 “Division of Child and Family Services” defined. “Division of Child and Family Services” means the Division of Child and Family Services of the Department of Health and Human Services.
(Added to NRS by 1993, 2705)
NRS 432B.0655 “Fetal alcohol spectrum disorder” defined. “Fetal alcohol spectrum disorder” means a continuum of birth defects caused by maternal consumption of alcohol during pregnancy. The term includes, without limitation, fetal alcohol syndrome.
(Added to NRS by 2017, 1382)
NRS 432B.066 “Gender identity or expression” defined. “Gender identity or expression” has the meaning ascribed to it in NRS 424.0145.
(Added to NRS by 2017, 26)
NRS 432B.067 “Indian child” defined. “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.
(Added to NRS by 1995, 786)
NRS 432B.068 “Indian Child Welfare Act” defined. “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.).
(Added to NRS by 1995, 786)
NRS 432B.069 “Information maintained by an agency which provides child welfare services” defined. “Information maintained by an agency which provides child welfare services” means data or information concerning reports and investigations made pursuant to this chapter, including, without limitation, the name, address, date of birth, social security number and the image or likeness of any child, family member of any child and reporting party or source, whether primary or collateral.
(Added to NRS by 2013, 523)
NRS 432B.070 “Mental injury” defined. “Mental injury” means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within a normal range of performance or behavior.
(Added to NRS by 1985, 1369)
NRS 432B.080 “Parent” defined. “Parent” means a natural or adoptive parent whose parental rights have not been terminated.
(Added to NRS by 1985, 1369)
NRS 432B.090 “Physical injury” defined. “Physical injury” includes, without limitation:
1. A sprain or dislocation;
2. Damage to cartilage;
3. A fracture of a bone or the skull;
4. An intracranial hemorrhage or injury to another internal organ;
5. A burn or scalding;
6. A cut, laceration, puncture or bite;
7. Permanent or temporary disfigurement; or
8. Permanent or temporary loss or impairment of a part or organ of the body.
(Added to NRS by 1985, 1369; A 1997, 848)
NRS 432B.100 “Sexual abuse” defined. “Sexual abuse” includes acts upon a child constituting:
1. Incest under NRS 201.180;
2. Lewdness with a child under NRS 201.230;
3. Sado-masochistic abuse under NRS 201.262;
4. Sexual assault under NRS 200.366;
5.  Open or gross lewdness under NRS 201.210; and
7. Mutilation of the genitalia of a female child, aiding, abetting, encouraging or participating in the mutilation of the genitalia of a female child, or removal of a female child from this State for the purpose of mutilating the genitalia of the child under NRS 200.5083.
(Added to NRS by 1985, 1369; A 1991, 54; 1997, 677; 2003, 1396)
NRS 432B.110 “Sexual exploitation” defined. “Sexual exploitation” includes forcing, allowing or encouraging a child:
1. To solicit for or engage in prostitution;
2. To view a pornographic film or literature; and
3. To engage in:
(a) Filming, photographing or recording on videotape; or
(b) Posing, modeling, depiction or a live performance before an audience,
Ê which involves the exhibition of a child’s genitals or any sexual conduct with a child, as defined in NRS 200.700.
(Added to NRS by 1985, 1369)
NRS 432B.121 Definition of when person has “reasonable cause to believe” and when person acts “as soon as reasonably practicable.” For the purposes of this chapter, a person:
1. Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
2. Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.
(Added to NRS by 1999, 3526)
NRS 432B.130 Persons responsible for child’s welfare. A person is responsible for a child’s welfare under the provisions of this chapter if the person is the child’s parent, guardian, a stepparent with whom the child lives, an adult person continually or regularly found in the same household as the child, a public or private home, institution or facility where the child actually resides or is receiving care outside of the home for all or a portion of the day, or a person directly responsible or serving as a volunteer for or employed by such a home, institution or facility.
(Added to NRS by 1985, 1370; A 1989, 439; 2001 Special Session, 34; 2015, 387)
NRS 432B.135 Child in custody of agency which provides child welfare services deemed homeless in certain circumstances. Repealed. (See chapter 488, Statutes of Nevada 2017, at page 3115.)
NRS 432B.140 Negligent treatment or maltreatment. Negligent treatment or maltreatment of a child occurs if a child has been subjected to harmful behavior that is terrorizing, degrading, painful or emotionally traumatic, has been abandoned, is without proper care, control or supervision or lacks the subsistence, education, shelter, medical care or other care necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect or refusal of the person to provide them when able to do so.
(Added to NRS by 1985, 1370; A 2015, 2245)
NRS 432B.150 Excessive corporal punishment may constitute abuse or neglect. Excessive corporal punishment may result in physical or mental injury constituting abuse or neglect of a child under the provisions of this chapter.
(Added to NRS by 1985, 1370)
NRS 432B.153 Presumptions concerning custody and visitation when parent of child is convicted of first degree murder of other parent of child.
1. The conviction of the parent of a child for murder of the first degree of the other parent of the child creates a rebuttable presumption that sole or joint custody of the child by the convicted parent is not in the best interest of the child. The rebuttable presumption may be overcome only if:
(a) The court determines that:
(1) There is no other suitable guardian for the child;
(2) The convicted parent is a suitable guardian for the child; and
(3) The health, safety and welfare of the child are not at risk; or
(b) The child is of suitable age to signify his or her assent and assents to the order of the court awarding sole or joint custody of the child to the convicted parent.
2. The conviction of the parent of a child for murder of the first degree of the other parent of the child creates a rebuttable presumption that rights to visitation with the child are not in the best interest of the child and must not be granted if custody is not granted pursuant to subsection 1. The rebuttable presumption may be overcome only if:
(a) The court determines that:
(1) The health, safety and welfare of the child are not at risk; and
(2) It will be beneficial for the child to have visitations with the convicted parent; or
(b) The child is of suitable age to signify his or her assent and assents to the order of the court awarding rights to visitation with the child to the convicted parent.
3. Until the court makes a determination pursuant to this section, no person may bring the child into the presence of the convicted parent without the consent of the legal guardian or custodian of the child.
(Added to NRS by 1999, 743; A 1999, 2975)
NRS 432B.157 Presumption concerning custody when court determines that parent or other person seeking custody of child is perpetrator of domestic violence.
1. Except as otherwise provided in NRS 125C.210 and 432B.153, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that it is not in the best interest of the child for the perpetrator of the domestic violence to have custody of the child. Upon making such a determination, the court shall set forth:
(a) Findings of fact that support the determination that one or more acts of domestic violence occurred; and
(b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.
2. If after an evidentiary hearing held pursuant to subsection 1 the court determines that more than one party has engaged in acts of domestic violence, it shall, if possible, determine which person was the primary physical aggressor. In determining which party was the primary physical aggressor for the purposes of this section, the court shall consider:
(a) All prior acts of domestic violence involving any of the parties;
(b) The relative severity of the injuries, if any, inflicted upon the persons involved in those prior acts of domestic violence;
(c) The likelihood of future injury;
(d) Whether, during the prior acts, one of the parties acted in self-defense; and
(e) Any other factors that the court deems relevant to the determination.
Ê In such a case, if it is not possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies to each of the parties. If it is possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies only to the party determined by the court to be the primary physical aggressor.
3. A court, agency, institution or other person who places a child in protective custody shall not release a child to the custody of a person who a court has determined pursuant to subsection 1 has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child unless:
(a) A court determines that it is in the best interest of the child for the perpetrator of the domestic violence to have custody of the child; or
(b) Pursuant to the provisions of subsection 2, the presumption created pursuant to subsection 1 does not apply to the person to whom the court releases the child.
4. As used in this section, “domestic violence” means the commission of any act described in NRS 33.018.
(Added to NRS by 1999, 743)
NRS 432B.159 Presumption concerning custody and visitation when parent or other person seeking custody of child is perpetrator of any act of abduction against the child.
1. A determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has committed any act of abduction against the child or any other child creates a rebuttable presumption that sole or joint custody or unsupervised visitation of the child by the perpetrator of the abduction is not in the best interest of the child. If the parent or other person seeking custody does not rebut the presumption, the court shall not enter an order for sole or joint custody or unsupervised visitation of the child by the perpetrator and the court shall set forth:
(a) Findings of fact that support the determination that one or more acts of abduction occurred; and
(b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other person from whom the child was abducted.
2. For purposes of subsection 1, any of the following acts constitute conclusive evidence that an act of abduction occurred:
(a) A conviction of the defendant of any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct;
(b) A plea of guilty or nolo contendere by the defendant to any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct; or
(c) An admission by the defendant to the court of the facts contained in the charging document alleging a violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.
3. If, after a court enters a final order concerning custody of the child, a magistrate determines there is probable cause to believe that an act of abduction has been committed against the child or any other child and that a person who has been awarded sole or joint custody or unsupervised visitation of the child has committed the act, the court shall, upon a motion to modify the order concerning custody, reconsider the previous order concerning custody pursuant to subsections 1 and 2.
4. A court, agency, institution or other person who places a child in protective custody shall not release a child to the custody of a person who a court has determined pursuant to this section has engaged in one or more acts of abduction against the child or any other child, unless a court determines that it is in the best interest of the child for the perpetrator of the abduction to have custody of the child.
5. As used in this section, “abduction” means the commission of an act described in NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.
(Added to NRS by 2009, 225)
NRS 432B.160 Immunity from civil or criminal liability; presumption.
1. Except as otherwise provided in subsection 2, immunity from civil or criminal liability extends to every person who in good faith:
(a) Makes a report pursuant to NRS 432B.220;
(b) Conducts an interview or allows an interview to be taken pursuant to NRS 432B.270;
(c) Allows or takes photographs or X-rays pursuant to NRS 432B.270;
(d) Causes a medical test to be performed pursuant to NRS 432B.270;
(e) Provides a record, or a copy thereof, of a medical test performed pursuant to NRS 432B.270 to an agency which provides child welfare services to the child, a law enforcement agency that participated in the investigation of the report made pursuant to NRS 432B.220 or the prosecuting attorney’s office;
(f) Holds a child pursuant to NRS 432B.400, takes possession of a child pursuant to NRS 432B.630 or places a child in protective custody pursuant to any provision of this chapter;
(g) Performs any act pursuant to subsection 2 of NRS 432B.630;
(h) Refers a case or recommends the filing of a petition pursuant to NRS 432B.380; or
(i) Participates in a judicial proceeding resulting from a referral or recommendation.
2. The provisions of subsection 1 do not confer any immunity from liability for the negligent performance of any act pursuant to paragraph (b) of subsection 2 of NRS 432B.630.
3. In any proceeding to impose liability against a person for:
(a) Making a report pursuant to NRS 432B.220; or
(b) Performing any act set forth in paragraphs (b) to (i), inclusive, of subsection 1,
Ê there is a presumption that the person acted in good faith.
(Added to NRS by 1985, 1378; A 1987, 1154; 1999, 60, 3526; 2001, 1256; 2001 Special Session, 34; 2005, 2031)
NRS 432B.163 Authority of agency which provides child welfare services to provide services to pupils and staff of school that experiences crisis, emergency or suicide. [Effective July 1, 2018.]
1. If a public school or private school within the jurisdiction of an agency which provides child welfare services experiences a crisis, emergency or suicide, the agency which provides child welfare services may provide counseling and other services to pupils and staff of the school upon being contacted by the principal or other person in charge of the school or his or her designated representative pursuant to NRS 388.257 or 394.1696, as applicable.
2. As used in this section:
(a) “Private school” has the meaning ascribed to it in NRS 394.103.
(b) “Public school” has the meaning ascribed to it in NRS 385.007.
(c) With reference to:
(1) A private school:
(I) “Crisis” has the meaning ascribed to it in NRS 394.1681.
(II) “Emergency” has the meaning ascribed to it in NRS 394.16823.
(III) “Suicide” has the meaning ascribed to it in NRS 394.1684.
(2) A public school:
(I) “Crisis” has the meaning ascribed to it in NRS 388.231.
(II) “Emergency” has the meaning ascribed to it in NRS 388.233.
(III) “Suicide” has the meaning ascribed to it in NRS 388.2359.
(Added to NRS by 2017, 4023, effective July 1, 2018)
NRS 432B.165 Authority of agency which provides child welfare services and other entities to provide information to assist in locating a missing child; information not confidential; report of information received concerning missing child who is in custody of agency.
1. For purposes of assisting in locating a missing child who is the subject of an investigation of abuse or neglect and who is in the protective custody of an agency which provides child welfare services or in the custody of another entity pursuant to an order of the juvenile court, an agency which provides child welfare services may provide the following information to a federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse or neglect:
(a) The name of the child;
(b) The age of the child;
(c) A physical description of the child; and
(d) A photograph of the child.
2. Information provided pursuant to subsection 1 is not confidential and may be disclosed to any member of the general public upon request.
3. An agency which provides child welfare services that receives information concerning a child who has been placed in the custody of the agency who is missing, including, without limitation, a child who has run away or has been abducted, shall report the information to the appropriate law enforcement agency as soon as practicable, but not later than 24 hours after receiving such information, for investigation pursuant to NRS 432.200.
(Added to NRS by 2007, 193; A 2015, 856)
NRS 432B.170 Authority of agency which provides child welfare services to share information with state or local agencies. Nothing in the provisions of this chapter or NRS 432.097 to 432.130, inclusive, prohibits an agency which provides child welfare services from sharing information with other state or local agencies if:
1. The purpose for sharing the information is for the development of a plan for the care, treatment or supervision of:
(a) A child who has been abused or neglected;
(b) An infant who is born and has been affected by:
(1) A fetal alcohol spectrum disorder; or
(2) Prenatal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure; or
(c) A person responsible for the child’s or infant’s welfare;
2. The other agency has standards for confidentiality equivalent to those of the agency which provides child welfare services; and
3. Proper safeguards are taken to ensure the confidentiality of the information.
(Added to NRS by 1985, 1378; A 2001 Special Session, 35; 2005, 2031; 2017, 1382)
NRS 432B.172 Agency which provides child welfare services required to treat child in accordance with gender identity or expression; regulations concerning placement of child.
1. An agency which provides child welfare services shall treat each child to whom the agency provides services in all respects in accordance with the child’s gender identity or expression.
2. The Division of Child and Family Services shall adopt regulations establishing protocols to ensure that each child in the custody of an agency which provides child welfare services is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities, mental health facilities or who have resided in such settings;
(b) Representatives of each agency which provides child welfare services in this State;
(c) Representatives of state and local facilities for the detention of children;
(d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;
(e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;
(f) Representatives of juvenile courts and family courts;
(g) Advocates of children; and
(h) Any other person deemed appropriate by the Division of Child and Family Services.
3. An agency which provides child welfare services shall:
(a) Follow the protocols prescribed in the regulations adopted pursuant to subsection 2 before placing a child in an out-of-home placement; and
(b) Ensure that an out-of-home placement into which a child is placed follows the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the facility.
4. As used in this section:
(a) “Child care facility” has the meaning ascribed to it in NRS 432A.024.
(b) “Foster home” has the meaning ascribed to it in NRS 424.014.
(c) “Out-of-home placement” has the meaning ascribed to it in NRS 432.548.
(Added to NRS by 2017, 26)
NRS 432B.174 Normalcy for Foster Youth Account; creation; use; gifts, grants and donations; nonreversion.
1. The Normalcy for Foster Youth Account is hereby created in the State General Fund.
2. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
3. The Division of Child and Family Services may use money in the Account to:
(a) Provide monetary support to a provider of foster care who provides opportunities to a child in his or her care to participate in extracurricular, cultural or personal enrichment activities; and
(b) Award grants to agencies which provide child welfare services or nonprofit organizations that provide opportunities to children in foster care to participate in extracurricular, cultural or personal enrichment activities.
4. The Division of Child and Family Services may accept gifts, grants, bequests and other contributions from any source for the purpose of carrying out the provisions of this section.
5. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
(Added to NRS by 2017, 2935)
NRS 432B.175 Availability of data or information regarding fatality or near fatality of child who is subject of report of abuse or neglect; limitation on disclosure; regulations.
1. Data or information concerning reports and investigations thereof made pursuant to this chapter must be made available pursuant to this section to any member of the general public upon request if the child who is the subject of a report of abuse or neglect suffered a fatality or near fatality. Any such data and information which is known must be made available not later than 48 hours after a fatality and not later than 5 business days after a near fatality. Except as otherwise provided in subsection 2, the data or information which must be disclosed includes, without limitation:
(a) A summary of the report of abuse or neglect and a factual description of the contents of the report;
(b) The date of birth and gender of the child;
(c) The date that the child suffered the fatality or near fatality;
(d) The cause of the fatality or near fatality, if such information has been determined;
(e) Whether the agency which provides child welfare services had any contact with the child or a member of the child’s family or household before the fatality or near fatality and, if so:
(1) The frequency of any contact or communication with the child or a member of the child’s family or household before the fatality or near fatality and the date on which the last contact or communication occurred before the fatality or near fatality;
(2) Whether the agency which provides child welfare services provided any child welfare services to the child or to a member of the child’s family or household before or at the time of the fatality or near fatality;
(3) Whether the agency which provides child welfare services made any referrals for child welfare services for the child or for a member of the child’s family or household before or at the time of the fatality or near fatality;
(4) Whether the agency which provides child welfare services took any other actions concerning the welfare of the child before or at the time of the fatality or near fatality; and
(5) A summary of the status of the child’s case at the time of the fatality or near fatality, including, without limitation, whether the child’s case was closed by the agency which provides child welfare services before the fatality or near fatality and, if so, the reasons that the case was closed; and
(f) Whether the agency which provides child welfare services, in response to the fatality or near fatality:
(1) Has provided or intends to provide child welfare services to the child or to a member of the child’s family or household;
(2) Has made or intends to make a referral for child welfare services for the child or for a member of the child’s family or household; and
(3) Has taken or intends to take any other action concerning the welfare and safety of the child or any member of the child’s family or household.
2. An agency which provides child welfare services shall not disclose the following data or information pursuant to subsection 1:
(a) Except as otherwise provided in NRS 432B.290, data or information concerning the identity of the person responsible for reporting the abuse or neglect of the child to a public agency;
(b) The name of the child who suffered a near fatality or the name of any member of the family or other person who lives in the household of the child who suffered the fatality or near fatality;
(c) A privileged communication between an attorney and client; and
(d) Information that may undermine a criminal investigation or pending criminal prosecution.
3. The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section.
4. As used in this section, “near fatality” means an act that places a child in serious or critical condition as verified orally or in writing by a physician, a registered nurse or other licensed provider of health care. Such verification may be given in person or by telephone, mail, electronic mail or facsimile.
(Added to NRS by 2007, 194; A 2013, 523)
NRS 432B.178 Director of Department of Health and Human Services authorized to create interagency committee to evaluate child welfare system in this State; appointment of members; submission of written report.
1. The Director of the Department of Health and Human Services may create an interagency committee to evaluate the child welfare system in this State. Any such evaluation must include, without limitation, a review of state laws to ensure that the state laws comply with federal law and to ensure that the state laws reflect the current practices of each agency which provides child welfare services and others involved in the child welfare system.
2. The Director may appoint as many members to the interagency committee as the Director deems appropriate except that the members of such a committee must include, without limitation, at least one person to represent:
(a) Each agency which provides child welfare services;
(b) The Department of Education;
(c) The juvenile justice system;
(d) Law enforcement; and
(e) Providers of treatment or services for persons in the child welfare system.
3. The interagency committee created pursuant to subsection 1 shall, on or before January 1 of each odd-numbered year after it is created, submit to the Director of the Legislative Counsel Bureau a written report for transmittal to the Chairs of the Assembly and Senate Standing Committees on Judiciary, the Chair of the Assembly Committee on Health and Human Services and the Chair of the Senate Committee on Health and Education.
(Added to NRS by 2009, 221; A 2013, 3328)
ADMINISTRATION
General Provisions
NRS 432B.180 Duties of Division of Child and Family Services. The Division of Child and Family Services shall:
1. Administer any money granted to the State by the Federal Government.
2. Request appropriations from the Legislature in amounts sufficient to:
(a) Provide block grants to an agency which provides child welfare services in a county whose population is 100,000 or more pursuant to NRS 432B.2185; and
(b) Administer a program to provide additional incentive payments to such an agency pursuant to NRS 432B.2165.
3. Monitor the performance of an agency which provides child welfare services in a county whose population is 100,000 or more through data collection, evaluation of services and the review and approval of agency improvement plans pursuant to NRS 432B.2165.
4. Provide child welfare services directly or arrange for the provision of those services in a county whose population is less than 100,000.
5. Coordinate its activities with and assist the efforts of any law enforcement agency, a court of competent jurisdiction, an agency which provides child welfare services and any public or private organization which provides social services for the prevention, identification and treatment of abuse or neglect of children and for permanent placement of children.
6. Involve communities in the improvement of child welfare services.
7. Evaluate all child welfare services provided throughout the State and, if an agency which provides child welfare services is not in substantial compliance with any federal or state law relating to the provision of child welfare services, regulations adopted pursuant to those laws or statewide plans or policies relating to the provision of child welfare services, require corrective action of the agency which provides child welfare services.
8. Coordinate with and assist:
(a) Each agency which provides child welfare services in recruiting, training and licensing providers of foster care as defined in NRS 424.017;
(b) Each foster care agency licensed pursuant to NRS 424.093 to 424.270, inclusive, in screening, recruiting, licensing and training providers of foster care as defined in NRS 424.017; and
(c) A nonprofit or community-based organization in recruiting and training providers of foster care as defined in NRS 424.017 if the Division determines that the organization provides a level of training that is equivalent to the level of training provided by an agency which provides child welfare services.
(Added to NRS by 1985, 1370; A 1987, 1439; 1993, 2705; 2001 Special Session, 35; 2007, 543, 1501; 2009, 1489; 2011, 2496; 2013, 1453)
NRS 432B.190 Regulations to be adopted by Division of Child and Family Services. The Division of Child and Family Services shall, in consultation with each agency which provides child welfare services, adopt:
1. Regulations establishing reasonable and uniform standards for:
(a) Child welfare services provided in this State;
(b) Programs for the prevention of abuse or neglect of a child and the achievement of the permanent placement of a child;
(c) The development of local councils involving public and private organizations;
(d) Reports of abuse or neglect, records of these reports and the response to these reports;
(e) Carrying out the provisions of NRS 432B.260, including, without limitation, the qualifications of persons with whom agencies which provide child welfare services enter into agreements to provide services to children and families;
(f) The management and assessment of reported cases of abuse or neglect;
(g) The protection of the legal rights of parents and children;
(h) Emergency shelter for a child;
(i) The prevention, identification and correction of abuse or neglect of a child in residential institutions;
(j) Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that is written in language which is easy to understand, is available in English and in any other language the Division determines is appropriate based on the demographic characteristics of this State and sets forth:
(1) Contact information regarding persons and governmental entities which provide assistance to persons who are responsible for the welfare of children, including, without limitation, persons and entities which provide assistance to persons who are being investigated for allegedly abusing or neglecting a child;
(2) The procedures for taking a child for placement in protective custody; and
(3) The state and federal legal rights of:
(I) A person who is responsible for a child’s welfare and who is the subject of an investigation of alleged abuse or neglect of a child, including, without limitation, the legal rights of such a person at the time an agency which provides child welfare services makes initial contact with the person in the course of the investigation and at the time the agency takes the child for placement in protective custody, and the legal right of such a person to be informed of any allegation of abuse or neglect of a child which is made against the person at the initial time of contact with the person by the agency; and
(II) Persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding; and
(k) Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child.
2. Regulations, which are applicable to any person who is authorized to place a child in protective custody without the consent of the person responsible for the child’s welfare, setting forth reasonable and uniform standards for establishing whether immediate action is necessary to protect the child from injury, abuse or neglect for the purposes of determining whether to place the child into protective custody pursuant to NRS 432B.390. Such standards must consider the potential harm to the child in remaining in his or her home, including, without limitation:
(a) Circumstances in which a threat of harm suggests that a child is in imminent danger of serious harm.
(b) The conditions or behaviors of the child’s family which threaten the safety of the child who is unable to protect himself or herself and who is dependent on others for protection, including, without limitation, conditions or behaviors that are beyond the control of the caregiver of the child and create an imminent threat of serious harm to the child.
Ê The Division of Child and Family Services shall ensure that the appropriate persons or entities to whom the regulations adopted pursuant to this subsection apply are provided with a copy of such regulations. As used in this subsection, “serious harm” includes the threat or evidence of serious physical injury, sexual abuse, significant pain or mental suffering, extreme fear or terror, extreme impairment or disability, death, substantial impairment or risk of substantial impairment to the child’s mental or physical health or development.
3. Regulations establishing procedures for:
(a) Expeditiously locating any missing child who has been placed in the custody of an agency which provides child welfare services;
(b) Determining the primary factors that contributed to a child who has been placed in the custody of an agency which provides child welfare services running away or otherwise being absent from foster care, and to the extent possible and appropriate, responding to those factors in current and subsequent placements; and
(c) Determining the experiences of a child who has been placed in the custody of an agency which provides child welfare services during any period the child was missing, including, without limitation, determining whether the child may be a victim of sexual abuse or sexual exploitation.
4. Such other regulations as are necessary for the administration of NRS 432B.010 to 432B.606, inclusive.
(Added to NRS by 1985, 1370; A 1987, 1439; 1991, 922; 1993, 2706; 1995, 787; 1997, 2471; 2001, 1700, 1839, 1850; 2001 Special Session, 36; 2003, 236, 251, 650; 2005, 2094; 2007, 1086, 1502; 2011, 2673; 2015, 856; 2017, 3166, 4023)
NRS 432B.195 Agency which provides child welfare services required to provide training to certain employees concerning rights of certain persons responsible for child’s welfare and working with lesbian, gay, bisexual, transgender and questioning children; employees not required or authorized to offer legal advice, legal assistance or legal interpretation of state or federal laws.
1. An agency which provides child welfare services shall provide training to each person who is employed by the agency and who provides child welfare services. Such training must include, without limitation, instruction concerning the applicable state and federal constitutional and statutory rights of a person who is responsible for a child’s welfare and who is:
(a) The subject of an investigation of alleged abuse or neglect of a child; or
(b) A party to a proceeding concerning the alleged abuse or neglect of a child pursuant to NRS 432B.410 to 432B.590, inclusive.
2. In addition to the training provided pursuant to subsection 1, an agency which provides child welfare services shall ensure that each employee of the agency who comes into direct contact with children receives, within 90 days after employment and annually thereafter, training concerning working with lesbian, gay, bisexual, transgender and questioning children.
3. Nothing in this section shall be construed as requiring or authorizing a person who is employed by an agency which provides child welfare services to offer legal advice, legal assistance or legal interpretation of state or federal statutes or laws.
(Added to NRS by 2005, 2093; A 2017, 27)
NRS 432B.197 Agency which provides child welfare services required to establish policies to ensure that children in custody of agency have access to and safe administration of clinically appropriate psychotropic medication. Each agency which provides child welfare services shall establish appropriate policies to ensure that children in the custody of the agency have timely access to and safe administration of clinically appropriate psychotropic medication. The policies must include, without limitation, policies concerning:
1. The use of psychotropic medication in a manner that has not been tested or approved by the United States Food and Drug Administration, including, without limitation, the use of such medication for a child who is of an age that has not been tested or approved or who has a condition for which the use of the medication has not been tested or approved;
2.  The concurrent use by a child of three or more classes of psychotropic medication;
4. The concurrent use by a child of two psychotropic medications of the same class; and
5. The criteria for nominating persons who are legally responsible for the psychiatric care of children in the custody of agencies which provide child welfare services pursuant to NRS 432B.4681 to 432B.469, inclusive, and the policies adopted pursuant to this section.
(Added to NRS by 2009, 410; A 2011, 2675)
NRS 432B.198 Employment with agency which provides child welfare services: Background investigation required; periodic additional investigations.
1. An agency which provides child welfare services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the agency, and each employee of the agency, to determine:
(a) Whether the applicant or employee has been convicted of:
(1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;
(2) Any felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;
(3) Assault with intent to kill or to commit sexual assault or mayhem;
(4) Battery which results in substantial bodily harm to the victim;
(5) Battery that constitutes domestic violence that is punishable as a felony;
(6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;
(7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or an offense involving pornography and a minor;
(8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;
(9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 or contributory delinquency;
(10) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;
(12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;
(13) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or
(14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or
(b) Whether there are criminal charges pending against the applicant or employee for a violation of an offense listed in paragraph (a).
2. An agency which provides child welfare services shall request information from:
(a) The Statewide Central Registry concerning an applicant for employment with the agency, or an employee of the agency, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and
(b) The central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.
3. Each applicant for employment with an agency which provides child welfare services, and each employee of an agency which provides child welfare services, must submit to the agency:
(a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
(b) Written authorization for the agency to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.
4. An agency which provides child welfare services may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted pursuant to this section.
5. When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the agency which provides child welfare services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.
6. An agency which provides child welfare services shall conduct an investigation of each employee of the agency pursuant to this section at least once every 5 years after the initial investigation.
7. As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.
(Added to NRS by 2013, 465; A 2015, 836)
NRS 432B.199 Employment with agency which provides child welfare services: Termination of employee charged with or convicted of certain crimes; correction of information.
1. If the report from the Federal Bureau of Investigation forwarded to an agency which provides child welfare services pursuant to subsection 5 of NRS 432B.198, the information received by an agency which provides child welfare services pursuant to subsection 2 of NRS 432B.198 or evidence from any other source indicates that an applicant for employment with the agency, or an employee of the agency:
(a) Has charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 432B.198, the agency may deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable; or
(b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 432B.198, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of NRS 432B.198, the agency shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.
2. If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the agency which provides child welfare services pursuant to subsection 5 of NRS 432B.198 is incorrect, the applicant or employee must inform the agency immediately. An agency that provides child welfare services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.
3. If an applicant for employment or an employee believes that the information received by an agency which provides child welfare services pursuant to subsection 2 of NRS 432B.198 is incorrect, the applicant or employee must inform the agency immediately. An agency which provides child welfare services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 60 days to correct the information.
4. During the period in which an applicant or employee seeks to correct information pursuant to subsection 2 or 3, the applicant or employee:
(a) Shall not have contact with a child or a relative or guardian of the child in the course of performing any duties as an employee of the agency which provides child welfare services.
(b) May be placed on leave without pay.
5. The provisions of subsection 4 must not be construed as preventing an agency which provides child welfare services from initiating internal disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3.
(Added to NRS by 2013, 466)
NRS 432B.200 Toll-free telephone number for reports of abuse or neglect; design and distribution of informational poster.
1. The Division of Child and Family Services shall establish and maintain a center with a toll-free telephone number to receive reports of abuse or neglect of a child in this State and reports pursuant to NRS 392.303 24 hours a day, 7 days a week. Any reports made to this center must be promptly transmitted to the agency which provides child welfare services in the community where the child is located.
2. The Division of Child and Family Services shall design a poster to be displayed in public and private schools as required by NRS 392.385 and 394.176, which:
(a) Prominently displays in bold type the toll-free telephone number established and maintained pursuant to subsection 1 and, if available, a county or other local child abuse or neglect hotline maintained for the county in which the school is located;
(b) Consists of simple, clear and easy to follow directions written in English, Spanish and in any other language the Division of Child and Family Services determines is appropriate based on the demographic characteristics of this State;
(c) Is at least 11 by 17 inches in size;
(d) Includes text in a type and font that is easy to read;
(e) Contains instructions for accessing the Internet website of the Division of Child and Family Services to obtain more information on reporting abuse or neglect of a child; and
(f) Contains instructions for calling 911 in an emergency.
3. The Division of Child and Family Services shall distribute the poster designed pursuant to subsection 2 to the boards of trustees of school districts, the governing bodies of charter schools and the governing bodies of private schools in a printed format or an electronic format that may be printed.
4. As used in this section, “abuse or neglect of a child” has the meaning ascribed to it in NRS 392.281.
(Added to NRS by 1985, 1371; A 1993, 2706; 2001 Special Session, 36; 2017, 482, 2059)
NRS 432B.210 State, political subdivisions and agencies to cooperate with agencies which provide child welfare services. An agency which provides child welfare services must receive from the State, any of its political subdivisions or any agency of either, any cooperation, assistance and information it requests in order to fulfill its responsibilities under this chapter and NRS 432.097 to 432.130, inclusive.
(Added to NRS by 1985, 1379; A 2001 Special Session, 36)
NRS 432B.215 Acquisition and use of information concerning probationers and parolees.
1. An agency which provides child welfare services may request the Division of Parole and Probation of the Department of Public Safety to provide information concerning a probationer or parolee that may assist the agency in carrying out the provisions of this chapter. The Division of Parole and Probation shall provide such information upon request.
2. The agency which provides child welfare services may use the information obtained pursuant to subsection 1 only for the limited purpose of carrying out the provisions of this chapter.
(Added to NRS by 1997, 835; A 2001, 2612; 2001 Special Session, 36; 2003, 236)
Corrective Action, Improvement Plans and Incentive Payments
NRS 432B.2155 Corrective action or corrective action plan to be carried out by agency which provides child welfare services when necessary; consequences of failing to carry out action or plan within required period; Division of Child and Family Services to adopt regulations.
1. When the Division of Child and Family Services determines pursuant to subsection 7 of NRS 432B.180 that corrective action by an agency which provides child welfare services is necessary, the Division shall notify the agency which provides child welfare services of the specific areas in which the agency is in noncompliance with the federal or state laws, regulations adopted pursuant to such laws or statewide plans or policies and inform the agency which provides child welfare services that it must, within 60 days, carry out the corrective action or develop a corrective action plan.
2. The Division of Child and Family Services shall determine whether to approve a corrective action plan submitted pursuant to subsection 1 within 30 days after receipt. If the Division of Child and Family Services does not approve the plan, the Division of Child and Family Services must notify the agency which provides child welfare services of the deficiencies and allow the agency which provides child welfare services 30 days in which to submit a revised corrective action plan for reconsideration. If a revised corrective action plan is not resubmitted within 30 days, the Division may take any of the actions set forth in subsection 4.
3. After the Division of Child and Family Services approves a corrective action plan, the agency which provides child welfare services must carry out the plan within 90 days.
4. If the agency which provides child welfare services fails to take corrective action or to carry out a corrective action plan within the required period, the Division of Child and Family Services may take one or more of the following actions:
(a) Withhold money from the agency which provides child welfare services;
(b) Impose an administrative fine against the agency which provides child welfare services;
(c) Provide the agency which provides child welfare services with direct supervision and recover the cost and expenses incurred by the Division in providing such supervision; and
(d) Require the agency which provides child welfare services to determine whether it is necessary to impose disciplinary action that is consistent with the personnel rules of the agency which provides child welfare services against an employee who substantially contributed to the noncompliance of the agency which provides child welfare services with the federal or state laws, regulations adopted pursuant to such laws or statewide plans or policies, including, without limitation, suspension of the employee without pay, if appropriate.
5. The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations which prescribe the circumstances under which action must be taken against an agency which provides child welfare services for failure to take corrective action and which specify that any such action by the Division must not impede the provision of child welfare services.
6. The Division of Child and Family Services shall deposit any money received from the administrative fines imposed pursuant to this section with the State Treasurer for credit to the State General Fund. The State Treasurer shall account separately for the money deposited pursuant to this subsection. The money in the account may only be used by the Division to improve the provision of child welfare services in this State, including, without limitation:
(a) To pay the costs associated with providing training and technical assistance and conducting quality improvement activities for an agency which provides child welfare services to assist the agency in any area in which the agency has failed to take corrective action; and
(b) Hiring a qualified consultant to conduct such training, technical assistance and quality improvement activities.
(Added to NRS by 2011, 2492)
NRS 432B.216 Agency which provides child welfare services to submit biennial improvement plan; agency to solicit input regarding plan; requirements of plan; agency to submit annual data to Division of Child and Family Services.
1. Each agency which provides child welfare services shall submit an improvement plan to the Division of Child and Family Services on or before January 1 of each odd-numbered year.
2. Before submitting an improvement plan pursuant to subsection 1, the agency must solicit public input regarding the proposed improvement plan. The agency which provides child welfare services shall submit with the improvement plan an explanation of the manner in which the agency solicited such public input and a summary of any input received.
3. The improvement plan must cover a period of 2 years and include, without limitation:
(a) Specific performance targets for improving the safety, permanency and well-being of the children in the care of the agency which provides child welfare services; and
(b) The approach that the agency which provides child welfare services will take to achieve the specific performance targets, including, without limitation, specific strategies that will be used.
4. On or before December 31 of each year, the agency which provides child welfare services must submit to the Division of Child and Family Services data demonstrating the progress that the agency which provides child welfare services has made towards meeting the specific performance targets set forth in the improvement plan submitted pursuant to subsection 1.
(Added to NRS by 2011, 2493)
NRS 432B.2165 Division of Child and Family Services to administer program to award incentive payment to agency which provides child welfare services in a county whose population is 100,000 or more; application for incentive payment; approval and denial of incentive payment.
1. The Division of Child and Family Services shall administer a program to award incentive payments to an agency which provides child welfare services in a county whose population is 100,000 or more.
2. On or before May 1 of each year, an agency which provides child welfare services may submit an application to the Division of Child and Family Services for an incentive payment.
3. The application for an incentive payment must include, without limitation:
(a) A description of the specific goal that the agency which provides child welfare services agrees to achieve by June 30 of the following year if the incentive payment is awarded;
(b) Baseline data to support the need to achieve the specific goal and which will provide a manner in which to measure whether the goal is achieved or to determine the percentage of the goal that is achieved; and
(c) The amount requested by the agency which provides child welfare services as an incentive payment.
4. If the Division of Child and Family Services does not approve the application, the Division must notify the agency which provides child welfare services of the specific deficiencies in the application and allow the agency to resubmit the application within 30 days.
5. If the Division of Child and Family Services approves the application, the Division of Child and Family Services shall, to the extent that money is available for that purpose, award an incentive payment to the agency which provides child welfare services for the fiscal year beginning on July 1 of the year in which the application is submitted.
(Added to NRS by 2011, 2494)
NRS 432B.217 Application by agency which provides child welfare services for incentive payment in subsequent years; approval of application; amount of subsequent incentive payment.
1. Each year following the award of an incentive payment pursuant to NRS 432B.2165, the agency which provides child welfare services may submit an application on or before May 1 for an incentive payment to be awarded for the next fiscal year beginning on July 1 following approval of the application.
2. The agency which provides child welfare services shall submit the application in the manner set forth in NRS 432B.2165 and must, in addition to the information required pursuant to NRS 432B.2165, include an estimate of the percentage of the goals established in the prior application that will be achieved by the agency which provides child welfare services by June 30.
3. If the Division of Child and Family Services approves the application, the Division shall, to the extent that money has been made available for that purpose, award an incentive payment to the agency which provides child welfare services for the fiscal year beginning on July 1 of the year in which the application is submitted in an amount not to exceed a percentage of the amount awarded for the current fiscal year as determined pursuant to subsection 4.
4. The amount of an incentive payment that may be awarded for the next fiscal year pursuant to this section must be determined by multiplying the amount awarded for the current fiscal year by the percentage point of completion of the goal established for the current fiscal year, up to a maximum of 100 percent of the amount of the incentive payment awarded for the current fiscal year.
(Added to NRS by 2011, 2494)
NRS 432B.2175 Agency which provides child welfare services that receives incentive payment to submit report to Division of Child and Family Services demonstrating percentage of goal achieved.
1. On or before September 1 of the year following the year in which an agency which provides child welfare services is awarded an incentive payment from the program established pursuant to NRS 432B.2165, the agency which provides child welfare services shall submit to the Division of Child and Family Services a report which demonstrates whether the goal established pursuant to NRS 432B.2165 was achieved and, if not, the percentage of the goal that was achieved by June 30 of the fiscal year in which the incentive payment was awarded.
2. If the report submitted pursuant to subsection 1 demonstrates that the agency which provides child welfare services achieved:
(a) A greater percentage of the goal than estimated pursuant to NRS 432B.217, the Division of Child and Family Services shall increase the incentive payment to the agency which provides child welfare services by an amount equal to the additional amount that should have been awarded pursuant to subsection 4 of NRS 432B.217; or
(b) A lower percentage of the goal than estimated pursuant to NRS 432B.217, the agency which provides child welfare services shall reimburse to the Division an amount equal to the additional amount that should not have been awarded pursuant to subsection 4 of NRS 432B.217.
(Added to NRS by 2011, 2495)
NRS 432B.218 Annual report to Governor and Legislature concerning achievement of specific performance targets in improvement plans and specific goals established to receive incentive payment. On or before January 31 of each year, the Division of Child and Family Services shall prepare and submit a report to the Governor and the Legislature which includes, without limitation, information concerning:
1. The progress made by each agency which provides child welfare services in a county whose population is 100,000 or more toward achieving the specific performance targets set forth in an improvement plan submitted by the agency pursuant to NRS 432B.216; and
2. Whether the agency which provides child welfare services in a county whose population is 100,000 or more achieved the specific goal established pursuant to NRS 432B.2165 during the previous fiscal year and, if not, the percentage of the goal that was achieved.
(Added to NRS by 2011, 2495)
Grants to Agency Which Provides Child Welfare Services
NRS 432B.2185 Block grant awarded to agency which provides child welfare services in county whose population is 100,000 or more; amount and use of block grant.
1. The Division of Child and Family Services shall award a block grant to each agency which provides child welfare services in a county whose population is 100,000 or more for each fiscal year to the extent that money has been appropriated to the Division for that purpose. The amount of the appropriation to the Division of Child and Family Services must be based on the amount appropriated for the previous biennium. The amount of the block grant must be determined for 2 years beginning on July 1 of each odd-numbered year and allocated each fiscal year.
2. An agency which provides child welfare services that receives a block grant pursuant to subsection 1 may use the money allocated for any costs of providing child welfare services without restriction, the agency which provides child welfare services is not required to return any money remaining from that allocation at the end of the fiscal year, and the money does not revert to the State General Fund.
3. If the board of county commissioners of a county whose population is 100,000 or more appropriates to the agency which provides child welfare services for the county an amount less than the amount appropriated to the agency for the fiscal year beginning on July 1, 2010, the Division of Child and Family Services must reduce the amount of the block grant awarded pursuant to subsection 1 by an equal amount.
(Added to NRS by 2011, 2495)
NRS 432B.219 Categorical grants for adoption assistance programs; determination of amount; restrictions on use.
1. The Division of Child and Family Services shall provide a categorical grant to each agency which provides child welfare services for each fiscal year for its adoption assistance program to the extent that money has been appropriated to the Division for that purpose. The amount of the grant must be based upon the estimated cost of the projected growth in the adoption assistance program.
2. The amount of the grant awarded pursuant to subsection 1 must be determined for 2 years beginning on July 1 of each odd-numbered year and allocated each fiscal year.
3. An agency which provides child welfare services that receives a grant pursuant to subsection 1 must use the money allocated only for costs associated with the adoption assistance program. Any money from the grant awarded pursuant to subsection 1 that has not been used or committed for expenditure by the agency which provides child welfare services by the end of the fiscal year reverts to the State General Fund.
(Added to NRS by 2011, 2496)
REPORTS OF ABUSE OR NEGLECT; REPORTS OF PRENATAL SUBSTANCE ABUSE
NRS 432B.220 Persons required to make report; when and to whom reports are required; any person may make report; report and written findings if reasonable cause to believe death of child caused by abuse or neglect; certain persons and entities required to inform reporters of duty to report.
1. Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:
(a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:
(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.
(b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.
3. Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by a fetal alcohol spectrum disorder or prenatal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.
4. A report must be made pursuant to subsection 1 by the following persons:
(a) A person providing services licensed or certified in this State pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B or 641C of NRS.
(b) Any personnel of a medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.
(c) A coroner.
(d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.
(e) A person employed by a public school or private school and any person who serves as a volunteer at such a school.
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.
(g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.
(i) Except as otherwise provided in NRS 432B.225, an attorney.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.
(k) Any person who is employed by or serves as a volunteer for a youth shelter. As used in this paragraph, “youth shelter” has the meaning ascribed to it in NRS 244.427.
(l) Any adult person who is employed by an entity that provides organized activities for children, including, without limitation, a person who is employed by a school district or public school.
5. A report may be made by any other person.
6. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.
7. The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.
8. The employer of a person who is described in subsection 4 and who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State must, upon initial employment of the person:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.
9. Before a person may serve as a volunteer at a public school or private school, the school must:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section and NRS 392.303;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section and NRS 392.303; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person serves as a volunteer at the school.
10. As used in this section:
(a) “Private school” has the meaning ascribed to it in NRS 394.103.
(b) “Public school” has the meaning ascribed to it in NRS 385.007.
(Added to NRS by 1985, 1371; A 1987, 2132, 2220; 1989, 439; 1993, 2229; 1999, 3526; 2001, 780, 1150; 2001 Special Session, 37; 2003, 910, 1211; 2005, 2031; 2007, 1503, 1853, 3084; 2009, 2996; 2011, 791, 1097; 2013, 957, 1086; 2015, 2316; 2017, 1382, 2059, 3985)
NRS 432B.225 Attorney prohibited from reporting abuse or neglect of child in certain circumstances.
1. Notwithstanding the provisions of NRS 432B.220, an attorney shall not make a report of the abuse or neglect of a child if the attorney acquired knowledge of the abuse or neglect from a client during a privileged communication if the client:
(a) Has been or may be accused of committing the abuse or neglect; or
(b) Is the victim of the abuse or neglect, is in foster care and did not give consent to the attorney to report the abuse or neglect.
2. Nothing in this section shall be construed as relieving an attorney from:
(a) Except as otherwise provided in subsection 1, the duty to report the abuse or neglect of a child pursuant to NRS 432B.220; or
(b) Complying with any ethical duties of attorneys as set forth in the Nevada Rules of Professional Conduct, including, without limitation, any duty to take reasonably necessary actions to protect the client of the attorney if the client is not capable of making adequately considered decisions because of age, mental impairment or any other reason. Such actions may include, without limitation, consulting with other persons who may take actions to protect the client and, when appropriate, seeking the appointment of a guardian ad litem, conservator or guardian.
(Added to NRS by 2013, 1085)
NRS 432B.230 Method of making report; contents.
1. A person may make a report pursuant to NRS 432B.220 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.
2. The report must contain the following information, if obtainable:
(a) The name, address, age and sex of the child;
(b) The name and address of the child’s parents or other person responsible for the care of the child;
(c) The nature and extent of the abuse or neglect of the child, the effect of a fetal alcohol spectrum disorder or prenatal substance abuse on the newborn infant or the nature of the withdrawal symptoms resulting from prenatal drug exposure of the newborn infant;
(d) Any evidence of previously known or suspected:
(1) Abuse or neglect of the child or the child’s siblings; or
(2) Effects of a fetal alcohol spectrum disorder or prenatal substance abuse on or evidence of withdrawal symptoms resulting from prenatal drug exposure of the newborn infant;
(e) The name, address and relationship, if known, of the person who is alleged to have abused or neglected the child; and
(f) Any other information known to the person making the report that the agency which provides child welfare services considers necessary.
(Added to NRS by 1985, 1372; A 1999, 3528; 2001 Special Session, 38; 2005, 2033; 2017, 1384)
NRS 432B.240 Penalty for failure to make report. Any person who knowingly and willfully violates the provisions of NRS 432B.220 is guilty of:
1. For the first violation, a misdemeanor.
2. For each subsequent violation, a gross misdemeanor.
(Added to NRS by 1985, 1373; A 2013, 1088)
NRS 432B.250 Persons required to report prohibited from invoking certain privileges. Any person who is required to make a report pursuant to NRS 432B.220 may not invoke any of the privileges set forth in chapter 49 of NRS:
1. For failure to make a report pursuant to NRS 432B.220;
2. In cooperating with an agency which provides child welfare services or a guardian ad litem for a child; or
3. In any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive.
(Added to NRS by 1985, 1378; A 1999, 3528; 2001 Special Session, 38; 2003, 590)
NRS 432B.255 Admissibility of evidence. In any proceeding resulting from a report made or action taken pursuant to the provisions of NRS 432B.220, 432B.230 or 432B.340 or in any proceeding where such report or the contents thereof is sought to be introduced in evidence, such report or contents or any other fact or facts related thereto or to the condition of the child who is the subject of the report shall not be excluded on the ground that the matter would otherwise be privileged against disclosure under chapter 49 of NRS.
(Added to NRS by 1965, 548; A 1971, 804) — (Substituted in revision for NRS 200.506)
NRS 432B.260 Action upon receipt of report; agency which provides child welfare services required to inform person named in report of allegation of abuse or neglect if report is investigated.
1. Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any. A law enforcement agency shall promptly notify an agency which provides child welfare services of any report it receives.
2. Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall immediately initiate an investigation if the report indicates that:
(a) There is a high risk of serious harm to the child;
(b) The child has suffered a fatality; or
(c) The child is living in a household in which another child has died, or the child is seriously injured or has visible signs of physical abuse.
3. Except as otherwise provided in subsection 2, upon receipt of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides child welfare services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted. For the purposes of this subsection, an investigation is not warranted if:
(a) The child is not in imminent danger of harm;
(b) The child is not vulnerable as the result of any untreated injury, illness or other physical, mental or emotional condition that threatens the immediate health or safety of the child;
(c) The alleged abuse or neglect of the child or the alleged effect of a fetal alcohol spectrum disorder or prenatal substance abuse on or the withdrawal symptoms resulting from any prenatal drug exposure of the newborn infant could be eliminated if the child and the family of the child are referred to or participate in social or health services offered in the community, or both; or
(d) The agency determines that the:
(1) Alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian of the child involving the use of corporal punishment; and
(2) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150.
4. If the agency determines that an investigation is warranted, the agency shall initiate the investigation not later than 3 days after the evaluation is completed.
5. If an agency which provides child welfare services investigates a report of alleged abuse or neglect of a child pursuant to NRS 432B.010 to 432B.400, inclusive, the agency shall inform the person responsible for the child’s welfare who is named in the report as allegedly causing the abuse or neglect of the child of any allegation which is made against the person at the initial time of contact with the person by the agency. The agency shall not identify the person responsible for reporting the alleged abuse or neglect.
6. If the agency determines that an investigation is not warranted, the agency may, as appropriate:
(a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person who has entered into an agreement with the agency to provide those services; or
(b) Conduct an assessment of the family of the child to determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person who has entered into a written agreement with the agency to make such an assessment.
7. If an agency which provides child welfare services enters into an agreement with a person to provide services to a child or the family of the child pursuant to subsection 6, the agency shall require the person to notify the agency if the child or the family refuses or fails to participate in the services, or if the person determines that there is a serious risk to the health or safety of the child.
8. If an agency which provides child welfare services determines pursuant to subsection 3 that an investigation is not warranted, the agency may, at any time, reverse that determination and initiate an investigation.
9. An agency which provides child welfare services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.
(Added to NRS by 1985, 1373; A 1989, 440; 1997, 2472; 1999, 2910; 2001, 1840, 1850; 2001 Special Session, 39; 2003, 236; 2005, 2034, 2095; 2007, 1505; 2013, 1088, 2877; 2017, 1385)
NRS 432B.270 Interview of child and sibling of child concerning possible abuse or neglect; photographs, X-rays and medical tests.
1. A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of and outside the presence of any person responsible for the child’s welfare, interview a child and any sibling of the child, if an interview is deemed appropriate by the designee, concerning any possible abuse or neglect. The child and any sibling of the child may be interviewed, if an interview is deemed appropriate by the designee, at any place where the child or any sibling of the child is found. A designee who conducts an interview pursuant to this subsection must be trained adequately to interview children. The designee shall, immediately after the conclusion of the interview, if reasonably possible, notify a person responsible for the child’s welfare that the child or sibling was interviewed, unless the designee determines that such notification would endanger the child or sibling.
2. A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of the person responsible for a child’s welfare:
(a) Take or cause to be taken photographs of the child’s body, including the areas of trauma; and
(b) If indicated after consultation with a physician, cause X-rays or medical tests to be performed on a child.
3. Upon the taking of any photographs or X-rays or the performance of any medical tests pursuant to subsection 2, the person responsible for the child’s welfare must be notified immediately, if reasonably possible, unless the designee determines that the notification would endanger the child. The reasonable cost of these photographs, X-rays or medical tests must be paid by the agency which provides child welfare services if money is not otherwise available.
4. Any photographs or X-rays taken or records of any medical tests performed pursuant to subsection 2, or any medical records relating to the examination or treatment of a child pursuant to this section, or copies thereof, must be sent to the agency which provides child welfare services, the law enforcement agency participating in the investigation of the report and the prosecuting attorney’s office. Each photograph, X-ray, result of a medical test or other medical record:
(a) Must be accompanied by a statement or certificate signed by the custodian of medical records of the health care facility where the photograph or X-ray was taken or the treatment, examination or medical test was performed, indicating:
(1) The name of the child;
(2) The name and address of the person who took the photograph or X-ray, performed the medical test, or examined or treated the child; and
(3) The date on which the photograph or X-ray was taken or the treatment, examination or medical test was performed;
(b) Is admissible in any proceeding relating to the abuse or neglect of the child; and
(c) May be given to the child’s parent or guardian if the parent or guardian pays the cost of duplicating them.
5. As used in this section, “medical test” means any test performed by or caused to be performed by a provider of health care, including, without limitation, a computerized axial tomography scan and magnetic resonance imaging.
(Added to NRS by 1985, 1373; A 1999, 61; 2001 Special Session, 39; 2007, 1506)
NRS 432B.280 Confidentiality of information maintained by an agency which provides child welfare services; exceptions; penalty.
1. Except as otherwise provided in NRS 239.0115, 432B.165, 432B.175 and 439.538 and except as otherwise authorized or required pursuant to NRS 432B.290, information maintained by an agency which provides child welfare services, including, without limitation, reports and investigations made pursuant to this chapter, is confidential.
2. Any person, law enforcement agency or public agency, institution or facility who willfully releases or disseminates such information, except:
(a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child;
(b) As otherwise authorized pursuant to NRS 432B.165 and 432B.175;
(c) As otherwise authorized or required pursuant to NRS 432B.290;
(d) As otherwise authorized or required pursuant to NRS 439.538; or
(e) As otherwise required pursuant to NRS 432B.513,
Ê is guilty of a gross misdemeanor.
(Added to NRS by 1985, 1373; A 1999, 2032; 2001, 1701; 2007, 195, 1507, 1980, 2106; 2013, 525)
NRS 432B.290 Maintenance of information by agency which provides child welfare services; authorized release of such information; penalty; fee for release of information; rules, policies or regulations.
1. Information maintained by an agency which provides child welfare services must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.
2. Except as otherwise provided in this section and NRS 432B.165, 432B.175 and 432B.513, information maintained by an agency which provides child welfare services may, at the discretion of the agency which provides child welfare services, be made available only to:
(a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected;
(b) A person authorized to place a child in protective custody, if the person has before him or her a child who the person has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;
(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the welfare of the child;
(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;
(e) Except as otherwise provided in paragraph (f), a court other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A court, as defined in NRS 159A.015, to determine whether a guardian or successor guardian of a child should be appointed pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive;
(g) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;
(h) The attorney and the guardian ad litem of the child, if the information is reasonably necessary to promote the safety, permanency and well-being of the child;
(i) A person who files or intends to file a petition for the appointment of a guardian or successor guardian of a child pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;
(j) The proposed guardian or proposed successor guardian of a child over whom a guardianship is sought pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;
(k) A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business;
(l) A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;
(m) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;
(n) A team organized pursuant to NRS 432B.350 for the protection of a child;
(o) A team organized pursuant to NRS 432B.405 to review the death of a child;
(p) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, including, without limitation, the parent or guardian of a child over whom a guardianship is sought pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning that parent or guardian;
(q) The child over whom a guardianship is sought pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if:
(1) The child is 14 years of age or older; and
(2) The identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;
(r) The persons or agent of the persons who are the subject of a report, if the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning those persons;
(s) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;
(t) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:
(1) The identity of the person making the report is kept confidential; and
(2) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have committed the abuse or neglect;
(u) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;
(v) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency;
(w) A local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604;
(x) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services;
(y) An employer in accordance with subsection 3 of NRS 432.100;
(z) A team organized or sponsored pursuant to NRS 217.475 or 228.495 to review the death of the victim of a crime that constitutes domestic violence;
(aa) The Committee on Domestic Violence appointed pursuant to NRS 228.470; or
(bb) The Committee to Review Suicide Fatalities created by NRS 439.5104.
3. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:
(a) A copy of:
(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect or any collateral sources and reporting parties.
4. Except as otherwise provided by subsection 6, before releasing any information maintained by an agency which provides child welfare services pursuant to this section, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who reports child abuse or neglect and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged abuse or neglect of a child or the life or safety of any person.
5. The provisions of this section must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.
6. A person who is the subject of an unsubstantiated report of child abuse or neglect made pursuant to this chapter and who believes that the report was made in bad faith or with malicious intent may petition a district court to order the agency which provides child welfare services to release information maintained by the agency which provides child welfare services. The petition must specifically set forth the reasons supporting the belief that the report was made in bad faith or with malicious intent. The petitioner shall provide notice to the agency which provides child welfare services so that the agency may participate in the action through its counsel. The district court shall review the information which the petitioner requests to be released and the petitioner shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report was made in bad faith or with malicious intent and that the disclosure of the identity of the person who made the report would not be likely to endanger the life or safety of the person who made the report, the court shall provide a copy of the information to the petitioner and the original information is subject to discovery in a subsequent civil action regarding the making of the report.
7. If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law.
8. Pursuant to this section, a person may authorize the release of information maintained by an agency which provides child welfare services about himself or herself, but may not waive the confidentiality of such information concerning any other person.
9. An agency which provides child welfare services may provide a summary of the outcome of an investigation of the alleged abuse or neglect of a child to the person who reported the suspected abuse or neglect.
10. Except as otherwise provided in this subsection, any person who is provided with information maintained by an agency which provides child welfare services and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to:
(a) A district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings;
(b) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151; or
(c) An employee of a juvenile justice agency who provides the information to the juvenile court.
11. An agency which provides child welfare services may charge a fee for processing costs reasonably necessary to prepare information maintained by the agency which provides child welfare services for release pursuant to this section.
12. An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of this section.
13. As used in this section, “juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.
(Added to NRS by 1985, 1374; A 1993, 2706; 1997, 835, 849, 2473, 2476; 1999, 559, 561, 1193, 2033, 2035, 2043, 3529, 3531; 2001, 269, 1701, 1841, 2612; 2001 Special Session, 40; 2003, 236, 251; 2005, 2035; 2007, 195; 2011, 737, 861; 2013, 369, 525; 2015, 377, 1497; 2017, 894, 2462)
NRS 432B.300 Determinations to be made from investigation of report. If an agency which provides child welfare services determines that an investigation of a report concerning the possible abuse or neglect of a child is warranted pursuant to NRS 432B.260, the agency shall determine, without limitation: