1. The composition of the family, household or facility, including the name, address, age, sex and race of each child named in the report, any siblings or other children in the same place or under the care of the same person, the persons responsible for the children’s welfare and any other adult living or working in the same household or facility;
2. Whether there is reasonable cause to believe any child is abused or neglected or threatened with abuse or neglect, the nature and extent of existing or previous injuries, abuse or neglect and any evidence thereof, and the person apparently responsible;
3. Whether there is reasonable cause to believe that a child has suffered a fatality as a result of abuse or neglect regardless of whether or not there are any siblings of the child or other children who are residing in the same household as the child who is believed to have suffered a fatality as a result of abuse or neglect;
4. If there is reasonable cause to believe that a child is abused or neglected, the immediate and long-term risk to the child if the child remains in the same environment;
5. The treatment and services which appear necessary to help prevent further abuse or neglect and to improve the environment of the child and the ability of the person responsible for the child’s welfare to care adequately for the child; and
6. Whether the report concerning the possible abuse or neglect of a child is substantiated or unsubstantiated.
(Added to NRS by 1985, 1375; A 1997, 2475; 2001, 1850; 2001 Special Session, 42; 2003, 236; 2007, 1507; 2013, 2878)
NRS 432B.310 Report to Central Registry of abuse or neglect required upon completion of investigation; report to Central Registry of 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.
1. Except as otherwise provided in subsection 6 of NRS 432B.260, the agency investigating a report of abuse or neglect of a child shall, upon completing the investigation, report to the Central Registry:
(a) Identifying and demographic information on the child alleged to be abused or neglected, the parents of the child, any other person responsible for the welfare of the child and the person allegedly responsible for the abuse or neglect;
(b) The facts of the alleged abuse or neglect, including the date and type of alleged abuse or neglect, the manner in which the abuse was inflicted, the severity of the injuries and, if applicable, any information concerning the death of the child; and
(c) The disposition of the case.
2. An agency which provides child welfare services shall not report to the Central Registry any information concerning a child identified as being affected by a fetal alcohol spectrum disorder or prenatal substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure unless the agency determines that a person has abused or neglected the child after the child was born.
(Added to NRS by 1985, 1375; A 1999, 2912; 2001, 212, 1850; 2005, 2037, 2096; 2007, 1508; 2013, 2879; 2017, 1386)
NRS 432B.315 Written notification of substantiated report to person responsible for child’s welfare. If an agency which provides child welfare services determines pursuant to NRS 432B.300 that a report made pursuant to NRS 432B.220 is substantiated, the agency shall provide written notification to the person responsible for the child’s welfare who is named in the report as allegedly causing the abuse or neglect of the child which includes statements indicating that:
1. The report which was made against the person has been substantiated and the agency which provides child welfare services intends to place the person’s name in the Central Registry pursuant to NRS 432B.310; and
2. The person may request an administrative appeal of the substantiation of the report and the agency’s intention to place the person’s name in the Central Registry by submitting a written request to the agency which provides child welfare services within the time required pursuant to NRS 432B.317.
(Added to NRS by 2013, 2875)
NRS 432B.317 Administrative appeal of substantiated report; hearing.
1. A person to whom a written notification is sent pursuant to NRS 432B.315 may request an administrative appeal of the substantiation of the report and the agency’s intention to place the person’s name in the Central Registry by submitting a written request to the agency which provides child welfare services within 15 days after the date on which the agency sent the written notification as required pursuant to NRS 432B.315.
2. Except as otherwise provided in subsection 3, if an agency which provides child welfare services receives a request for an administrative appeal within 15 days after the agency sent the written notification pursuant to subsection 1, a hearing before a hearing officer must be held in accordance with chapter 233B of NRS.
3. An administrative appeal is stayed upon the receipt of written notification to the agency which provides child welfare services of a pending adjudicatory hearing pursuant to NRS 432B.530 which arose out of the same incident as the incident upon which the report made pursuant to NRS 432B.220 was premised. The stay of the administrative appeal is lifted when:
(a) A final determination is made in the adjudicatory hearing; or
(b) The adjudicatory hearing is dismissed or terminated if the adjudicatory hearing does not result in a final determination being made.
4. If a request for an administrative appeal is not submitted pursuant to subsection 1, the agency which provides child welfare services shall place the person’s name in the Central Registry pursuant to NRS 432B.310.
5. If the hearing officer in a hearing that is held pursuant to this section:
(a) Affirms the substantiation of the report, the agency which provides child welfare services shall place the person’s name in the Central Registry pursuant to NRS 432B.310; or
(b) Rejects the substantiation of the report, the agency which provides child welfare services shall not place the person’s name in the Central Registry pursuant to NRS 432B.310.
6. A conclusive presumption that the substantiation of the report will be affirmed and the person’s name will be placed in the Central Registry pursuant to NRS 432B.310 is established if there is a final determination in an adjudicatory hearing that the child was in need of protection.
7. The decision of a hearing officer in a hearing that is held pursuant to this section is a final decision for the purposes of judicial review.
8. As used in this section, “final determination in an adjudicatory hearing” means a finding made by a court pursuant to subsection 5 of NRS 432B.530 as to whether a child was in need of protection at the time of the removal of the child from the home that is based on the child being subjected to abuse or neglect by the person to whom a written notice was sent pursuant to NRS 432B.315.
(Added to NRS by 2013, 2876)
NRS 432B.320 Waiver of full investigation of report.
1. An agency which provides child welfare services may waive a full investigation of a report of abuse or neglect of a child made by another agency or a person if, after assessing the circumstances, it is satisfied that:
(a) The person or other agency who made the report can provide services to meet the needs of the child and the family, and this person or agency agrees to do so; and
(b) The person or other agency agrees in writing to report periodically on the child and to report immediately any threat or harm to the child’s welfare.
2. The agency which provides child welfare services shall supervise for a reasonable period the services provided by the person or other agency pursuant to subsection 1.
(Added to NRS by 1985, 1375; A 2001 Special Session, 42)
NRS 432B.322 Inapplicability of NRS 432B.220 to 432B.322, inclusive, to certain reports, investigations or information. The provisions of NRS 432B.220 to 432B.322, inclusive, do not apply to any report submitted, investigation performed or information maintained under the provisions of NRS 392.275 to 392.365, inclusive.
(Added to NRS by 2017, 2058)
PROTECTIVE SERVICES AND CUSTODY
NRS 432B.325 County whose population is 100,000 or more to provide child protective services in county; county whose population is less than 100,000 to provide such services in certain circumstances.
1. Each county whose population is 100,000 or more shall provide child protective services in that county and pay the cost of those services. The services must be provided in accordance with the standards adopted pursuant to NRS 432B.190.
2. A county whose population is less than 100,000 that receives approval to carry out child protective services for the county and an exemption from the assessment imposed pursuant to NRS 432B.326 shall:
(a) Provide child protective services in that county and pay the cost of those services.
(b) Provide the services in accordance with the standards adopted pursuant to NRS 432B.190.
3. A county whose population is less than 100,000 that carries out child protective services for the county shall be deemed to be the agency which provides child welfare services for the purposes of any provisions of this chapter relating to child protective services and any regulations adopted pursuant thereto.
(Added to NRS by 1987, 1439; A 2011, 2524)
NRS 432B.326 Payment of assessment for provision of child protective services by county whose population is less than 100,000; exemption.
1. Unless an exemption is approved pursuant to subsection 4, each county whose population is less than 100,000 shall pay an assessment each fiscal year to the Division of Child and Family Services in an amount which does not exceed the amount authorized by the Legislature for the provision of child protective services by the Division in the county during that year.
2. The Division shall provide each county whose population is less than 100,000, on or before May 1 of each year, with an estimate of the amount of the assessment. The estimate becomes the amount of the assessment unless the county is notified of a change within 2 weeks after the date on which the county contribution is approved by the Legislature. The county shall pay the assessment:
(a) In full within 30 days after the amount of the assessment becomes final; or
(b) In equal quarterly installments on or before the first day of July, October, January and April, respectively.
3. Money paid by a county pursuant to this section must be deposited by the Division with the State Treasurer, and the Division shall expend the money in accordance with the approved budget of the Division.
4. A county whose population is less than 100,000 may submit a proposal to the Governor for the county to carry out child protective services for the county. If the Governor approves the proposal, the Governor must submit a recommendation to the Interim Finance Committee to exempt the county from the assessment required pursuant to subsection 1. The Interim Finance Committee, upon receiving the recommendation from the Governor, shall consider the proposal and determine whether to approve the exemption. In considering whether to approve the exemption, the Interim Finance Committee shall consider, among other things, the best interests of the State, the effect of the exemption and the intent of the Legislature in requiring the assessment to be paid by the county.
(Added to NRS by 2011, 2523)
NRS 432B.327 Division of Child and Family Services to submit certain reports concerning budgets for child protective services to Governor, certain counties and Legislative Commission. The Division of Child and Family Services shall submit:
1. A report on or before December 1 of each year to the Governor and to each county whose population is less than 100,000 that contains a statement of:
(a) The total number of children who received child protective services in each county in the immediately preceding fiscal year; and
(b) The amount and categories of the expenditures made by the Division on child protective services in each county in the immediately preceding fiscal year;
2. To each county whose population is less than 100,000, on or before December 1 of each even-numbered year, the total proposed budget of the Division for that county for the next succeeding biennium, including the projected number of children who will receive child protective services and the projected costs of child protective services attributed to the county; and
3. Such reports to the Legislative Commission as required by the Commission.
(Added to NRS by 2011, 2522)
NRS 432B.330 Circumstances under which child is or may be in need of protection.
1. A child is in need of protection if:
(a) The child has been abandoned by a person responsible for the welfare of the child;
(b) The child has been subjected to abuse or neglect by a person responsible for the welfare of the child;
(c) The child is in the care of a person responsible for the welfare of the child and another child has:
(1) Died as a result of abuse or neglect by that person; or
(2) Been subjected to abuse by that person, unless the person has successfully completed a plan for services that was recommended by an agency which provides child welfare services pursuant to NRS 432B.340 to address the abuse of the other child;
(d) The child has been placed for care or adoption in violation of law; or
(e) The child has been delivered to a provider of emergency services pursuant to NRS 432B.630.
2. A child may be in need of protection if the person responsible for the welfare of the child:
(a) Is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity;
(b) Fails, although the person is financially able to do so or has been offered financial or other means to do so, to provide for the following needs of the child:
(1) Food, clothing or shelter necessary for the child’s health or safety;
(2) Education as required by law; or
(3) Adequate medical care;
(c) Has been responsible for the neglect of a child who has resided with that person; or
(d) Has been responsible for the abuse of another child regardless of whether that person has successfully completed a plan for services that was recommended by an agency which provides child welfare services pursuant to NRS 432B.340 to address the abuse of the other child.
3. A child may be in need of protection if the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.
4. A child may be in need of protection if the child is identified as being affected by a fetal alcohol spectrum disorder or prenatal substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure.
5. As used in this section:
(a) “Abuse” means:
(1) Physical or mental injury of a nonaccidental nature; or
(2) Sexual abuse or sexual exploitation,
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. The term does not include the actions described in subsection 2 of NRS 432B.020.
(b) “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.
(c) “Neglect” means abandonment or failure to:
(1) Provide for the needs of a child set forth in paragraph (b) of subsection 2; or
(2) Provide proper care, control and supervision of a child as 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.
Ê The term does not include the actions described in subsection 2 of NRS 432B.020.
(Added to NRS by 1985, 1371; A 1991, 52; 1999, 830; 2001, 1256; 2005, 2038; 2015, 1183; 2017, 1386)
NRS 432B.340 Determination that child needs protection but is not in imminent danger.
1. If the agency which provides child welfare services determines that a child needs protection, but is not in imminent danger from abuse or neglect, it may:
(a) Offer to the parents or guardian a plan for services and inform the parents or guardian that the agency has no legal authority to compel the parents or guardian to accept the plan but that it has the authority to petition the court pursuant to NRS 432B.490 or to refer the case to the district attorney or a law enforcement agency; or
(b) File a petition pursuant to NRS 432B.490 and, if a child is adjudicated in need of protection, request that the child be removed from the custody of the parents or guardian or that the child remain at home with or without the supervision of the court or of any person or agency designated by the court.
2. If the parent or guardian accepts the conditions of the plan offered by the agency pursuant to paragraph (a) of subsection 1, the agency may elect not to file a petition and may arrange for appropriate services, including medical care, care of the child during the day, management of the home or supervision of the child, the parents or guardian.
(Added to NRS by 1985, 1376; A 2001 Special Session, 42)
NRS 432B.350 Teams for protection of child. An agency which provides child welfare services may organize one or more teams for protection of a child to assist the agency in the evaluation and investigation of reports of abuse or neglect of a child, diagnosis and treatment of abuse or neglect and the coordination of responsibilities. Members of the team serve at the invitation of the agency and must include representatives of other organizations concerned with education, law enforcement or physical or mental health.
(Added to NRS by 1985, 1376; A 2001 Special Session, 43)
NRS 432B.360 Voluntary placement of child with agency or institution; regulations.
1. A parent or guardian of a child who is in need of protection may place the child with a public agency authorized to care for children or a private institution or agency licensed by the Department of Health and Human Services or a county whose population is 100,000 or more to care for such children if:
(a) Efforts to keep the child in his or her own home have failed; and
(b) The parents or guardian and the agency or institution voluntarily sign a written agreement for placement of the child which sets forth the rights and responsibilities of each of the parties to the agreement.
2. If a child is placed with an agency or institution pursuant to subsection 1, the parent or guardian shall:
(a) If able, contribute to the support of the child during the temporary placement;
(b) Inform the agency or institution of any change in the address or circumstances of the parent or guardian; and
(c) Meet with a representative of the agency or institution and participate in developing and carrying out a plan for the possible return of the child to the custody of the parent or guardian, the placement of the child with a relative or the eventual adoption of the child.
3. A parent or guardian who voluntarily agrees to place a child with an agency or institution pursuant to subsection 1 is entitled to have the child returned to the physical custody of the parent or guardian within 48 hours of a written request to that agency or institution. If that agency or institution determines that it would be detrimental to the best interests of the child to return the child to the custody of the parent or guardian, it shall cause a petition to be filed pursuant to NRS 432B.490.
4. If the child has remained in temporary placement for 6 consecutive months, the agency or institution shall:
(a) Immediately return the child to the physical custody of the parent or guardian; or
(b) Cause a petition to be filed pursuant to NRS 432B.490.
5. The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section.
(Added to NRS by 1985, 1376; A 1993, 2707; 2001 Special Session, 43)
NRS 432B.370 Determination that child is not in need of protection. If an agency which provides child welfare services determines that there is no reasonable cause to believe that a child is in need of protection, it shall proceed no further in that matter.
(Added to NRS by 1985, 1377; A 2001 Special Session, 44)
NRS 432B.380 Referral of case to district attorney for criminal prosecution; recommendation to file petition. If the agency which provides child welfare services determines that further action is necessary to protect a child who is in need of protection, as well as any other child under the same care who may be in need of protection, it may refer the case to the district attorney for criminal prosecution and may recommend the filing of a petition pursuant to NRS 432B.490.
(Added to NRS by 1985, 1377; A 2001 Special Session, 44)
NRS 432B.390 Placement of child in protective custody.
1. An agent or officer of a law enforcement agency, an officer of the local juvenile probation department or the local department of juvenile services, or a designee of an agency which provides child welfare services:
(a) May place a child in protective custody without the consent of the person responsible for the child’s welfare if the agent, officer or designee has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect.
(b) Shall place a child in protective custody upon the death of a parent of the child, without the consent of the person responsible for the welfare of the child, if the agent, officer or designee has reasonable cause to believe that the death of the parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.
2. When an agency which provides child welfare services receives a report pursuant to subsection 2 of NRS 432B.630, a designee of the agency which provides child welfare services shall immediately place the child in protective custody.
3. If there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, a protective custody hearing must be held pursuant to NRS 432B.470, whether the child was placed in protective custody or with a relative. If an agency other than an agency which provides child welfare services becomes aware that there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, that agency shall immediately notify the agency which provides child welfare services and a protective custody hearing must be scheduled.
4. An agency which provides child welfare services shall request the assistance of a law enforcement agency in the removal of a child if the agency has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.
5. Before taking a child for placement in protective custody, the person taking the child shall show his or her identification to any person who is responsible for the child and is present at the time the child is taken. If a person who is responsible for the child is not present at the time the child is taken, the person taking the child shall show his or her identification to any other person upon request. The identification required by this subsection must be a single card that contains a photograph of the person taking the child and identifies the person as a person authorized pursuant to this section to place a child in protective custody.
6. A child placed in protective custody pending an investigation and a hearing held pursuant to NRS 432B.470 must be placed, except as otherwise provided in NRS 432B.3905, in the following order of priority:
(a) In a hospital, if the child needs hospitalization.
(b) With a person who is related within the fifth degree of consanguinity or a fictive kin, and who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State.
(c) In a foster home that is licensed pursuant to chapter 424 of NRS.
(d) In any other licensed shelter that provides care to such children.
7. Whenever possible, a child placed pursuant to subsection 6 must be placed together with any siblings of the child. Such a child must not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.
8. A person placing a child in protective custody pursuant to subsection 1 shall:
(a) Immediately take steps to protect all other children remaining in the home or facility, if necessary;
(b) Immediately make a reasonable effort to inform the person responsible for the child’s welfare that the child has been placed in protective custody; and
(c) As soon as practicable, inform the agency which provides child welfare services and the appropriate law enforcement agency, except that if the placement violates the provisions of NRS 432B.3905, the person shall immediately provide such notification.
9. If a child is placed with any person who resides outside this State, the placement must be in accordance with NRS 127.330.
10. As used in this section, “fictive kin” means a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child.
(Added to NRS by 1985, 1377; A 1989, 268; 1991, 1182; 1993, 467; 1999, 830; 2001, 1257; 2001 Special Session, 44; 2007, 1004; 2009, 214; 2011, 253)
NRS 432B.3905 Limitations on transfer and placement of child who is under 6 years of age; notice.
1. An employee of an agency which provides child welfare services or its designee, an agent or officer of a law enforcement agency, an officer of a local juvenile probation department or the local department of juvenile services or any other person who places a child in protective custody pursuant to this chapter:
(a) Except as otherwise provided in subsection 2, shall not transfer a child who is under the age of 6 years to, or place such a child in, a child care institution unless appropriate foster care is not available at the time of placement in the county in which the child resides; and
(b) Shall make all reasonable efforts to place siblings in the same location.
2. A child under the age of 6 years may be placed in a child care institution:
(a) If the child requires medical services and such medical services could not be provided at any other placement; or
(b) If necessary to avoid separating siblings.
3. If a child is transferred to or placed in a child care institution in violation of subsection 1, the agency which provides child welfare services that is responsible for the child shall immediately notify the Director of the Department of Health and Human Services and shall move the child to another placement as soon as possible.
4. Each agency which provides child welfare services shall develop and implement a written plan to ensure that the provisions of this section are understood and carried out.
5. As used in this section, “child care institution”:
(a) Means any type of home or facility that:
(1) Provides care and shelter during the day and night to 16 or more children who are in protective custody of an agency which provides child welfare services; or
(2) Provides care and shelter during the day and night, through the use of caregivers who work in shifts, to children who are in protective custody of an agency which provides child welfare services.
(b) Does not include a home or facility that provides medical services to children.
(Added to NRS by 2007, 1003; A 2007, 1007; 2011, 1011; 2013, 1623)
NRS 432B.391 Agency which provides child welfare services or designee authorized to conduct preliminary Federal Bureau of Investigation name-based check of background of certain adult residents of home in which child will be placed in emergency situation; person investigated to supply fingerprints; exchange of information; removal of child from home upon refusal to supply fingerprints.
1. An agency which provides child welfare services or its approved designee may, in accordance with the procedures set forth in 28 C.F.R. §§ 901 et. seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is 18 years of age or older of a home in which the agency which provides child welfare services wishes to place a child in an emergency situation, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, to determine whether the person investigated has been arrested for or convicted of any crime.
2. Upon request of an agency which provides child welfare services that wishes to place a child in a home in an emergency situation, or upon request of the approved designee of the agency which provides child welfare services, a resident who is 18 years of age or older of the home in which the agency which provides child welfare services wishes to place the child, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, must submit to the agency which provides child welfare services or its approved designee a complete set of fingerprints and written permission authorizing the agency which provides child welfare services or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The agency which provides child welfare services or its approved designee shall forward the fingerprints to the Central Repository for Nevada Records of Criminal History within the time set forth in federal law or regulation.
3. If a resident who is 18 years of age or older of a home in which an agency which provides child welfare services places a child in an emergency situation, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, refuses to provide a complete set of fingerprints to the agency which provides child welfare services or its approved designee upon request pursuant to subsection 2, the agency which provides child welfare services must immediately remove the child from the home.
(Added to NRS by 2003, 649; A 2011, 254)
NRS 432B.393 Preservation and reunification of family of child to prevent or eliminate need for removal from home before placement in foster care and to make safe return to home possible; when reasonable efforts are not required; determining whether reasonable efforts have been made.
1. Except as otherwise provided in this section, an agency which provides child welfare services shall make reasonable efforts to preserve and reunify the family of a child:
(a) Before the placement of the child in foster care, to prevent or eliminate the need to remove the child from the home; and
(b) To make it possible for the safe return of the child to the home.
2. In determining the reasonable efforts required by subsection 1, the health and safety of the child must be the paramount concern. The agency which provides child welfare services may make reasonable efforts to place the child for adoption or with a legal guardian concurrently with making the reasonable efforts required pursuant to subsection 1. If the court determines that continuation of the reasonable efforts required by subsection 1 is inconsistent with the plan for the permanent placement of the child, the agency which provides child welfare services shall make reasonable efforts to place the child in a timely manner in accordance with that plan and to complete whatever actions are necessary to finalize the permanent placement of the child.
3. An agency which provides child welfare services is not required to make the reasonable efforts required by subsection 1 if the court finds that:
(a) A parent or other person responsible for the child’s welfare has:
(1) Committed, aided or abetted in the commission of, or attempted, conspired or solicited to commit murder or voluntary manslaughter;
(2) Caused the abuse or neglect of the child, or of another child of the parent or other person responsible for the child’s welfare, which resulted in substantial bodily harm to the abused or neglected child;
(3) Caused the abuse or neglect of the child, a sibling of the child or another child in the household, and the abuse or neglect was so extreme or repetitious as to indicate that any plan to return the child to the home would result in an unacceptable risk to the health or welfare of the child; or
(4) Abandoned the child for 60 or more days, and the identity of the parent of the child is unknown and cannot be ascertained through reasonable efforts;
(b) A parent of the child has, for the previous 6 months, had the ability to contact or communicate with the child and made no more than token efforts to do so;
(c) The parental rights of a parent to a sibling of the child have been terminated by a court order upon any basis other than the execution of a voluntary relinquishment of those rights by a natural parent, and the court order is not currently being appealed;
(d) The child or a sibling of the child was previously removed from the home, adjudicated to have been abused or neglected, returned to the home and subsequently removed from the home as a result of additional abuse or neglect;
(e) The child is less than 1 year of age, the father of the child is not married to the mother of the child and the father of the child:
(1) Has failed within 60 days after learning of the birth of the child, to visit the child, to commence proceedings to establish his paternity of the child or to provide financial support for the child; or
(2) Is entitled to seek custody of the child but fails to do so within 60 days after learning that the child was placed in foster care;
(f) The child was delivered to a provider of emergency services pursuant to NRS 432B.630;
(g) The child, a sibling of the child or another child in the household has been sexually abused or has been subjected to neglect by pervasive instances of failure to protect the child from sexual abuse; or
(h) A parent of the child is required to register as a sex offender pursuant to the provisions of chapter 179D of NRS or the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006, 42 U.S.C. §§ 16901 et seq.
4. Except as otherwise provided in subsection 6, for the purposes of this section, unless the context otherwise requires, “reasonable efforts” have been made if an agency which provides child welfare services to children with legal custody of a child has exercised diligence and care in arranging appropriate, accessible and available services that are designed to improve the ability of a family to provide a safe and stable home for each child in the family, with the health and safety of the child as its paramount concerns. The exercise of such diligence and care includes, without limitation, obtaining necessary and appropriate information concerning the child for the purposes of NRS 127.152, 127.410 and 424.038 and, if necessary, creating an in-home safety plan for the protection of the child.
5. In determining whether reasonable efforts have been made pursuant to subsection 4, the court shall:
(a) Evaluate the evidence and make findings based on whether a reasonable person would conclude that reasonable efforts were made;
(b) Consider any input from the child;
(c) Consider the efforts made and the evidence presented since the previous finding of the court concerning reasonable efforts;
(d) Consider the diligence and care that the agency is legally authorized and able to exercise, including, without limitation, the efforts to create an in-home safety plan;
(e) Recognize and take into consideration the legal obligations of the agency to comply with any applicable laws and regulations;
(f) Base its determination on the circumstances and facts concerning the particular family or plan for the permanent placement of the child at issue;
(g) Consider whether any of the efforts made were contrary to the health and safety of the child;
(h) Consider the efforts made, if any, to prevent the need to remove the child from the home and to finalize the plan for the permanent placement of the child;
(i) Consider whether the provisions of subsection 6 are applicable; and
(j) Consider any other matters the court deems relevant.
6. An agency which provides child welfare services may satisfy the requirement of making reasonable efforts pursuant to this section by taking no action concerning a child or making no effort to provide services to a child if it is reasonable, under the circumstances, to do so.
7. In determining whether reasonable efforts are not required pursuant to subsection 3 or whether reasonable efforts have been made pursuant to subsection 4, the court shall ensure that each determination is:
(a) Made by the court on a case-by-case basis;
(b) Based upon specific evidence; and
(c) Expressly stated by the court in its order.
8. As used in this section, “in-home safety plan” means a plan created by an agency which provides child welfare services to ensure the protection of a child in his or her home, including, without limitation, determining any vulnerabilities of the child, managing any potential threats to the safety of the child and determining the capacity of the person responsible for the welfare of the child to care for the child.
(Added to NRS by 1999, 2031; A 2001, 1258, 1843; 2001 Special Session, 45; 2003, 236; 2013, 243; 2017, 992)
NRS 432B.396 Establishment of panel to evaluate extent to which agencies which provide child welfare services are effectively discharging their responsibilities; regulations; civil penalties. The Division of Child and Family Services shall:
1. Establish a panel comprised of volunteer members to evaluate the extent to which agencies which provide child welfare services are effectively discharging their responsibilities for the protection of children.
2. Adopt regulations to carry out the provisions of subsection 1 which must include, without limitation, the imposition of appropriate restrictions on the disclosure of information obtained by the panel and civil sanctions for the violation of those restrictions. The civil sanctions may provide for the imposition in appropriate cases of a civil penalty of not more than $500. The Division may bring an action to recover any civil penalty imposed and shall deposit any money recovered with the State Treasurer for credit to the State General Fund.
(Added to NRS by 1999, 2031; A 2001, 1845; 2001 Special Session, 46; 2003, 236)
NRS 432B.397 Inquiry to determine whether child is Indian child; report to court; training regarding requirements of Indian Child Welfare Act.
1. The agency which provides child welfare services for a child that is taken into custody pursuant to this chapter shall make all necessary inquiries to determine whether the child is an Indian child. The agency shall report that determination to the court.
2. An agency which provides child welfare services pursuant to this chapter shall provide training for its personnel regarding the requirements of the Indian Child Welfare Act.
(Added to NRS by 1995, 786; A 2001 Special Session, 46)
NRS 432B.400 Temporary detention of child by physician or person in charge of hospital or similar institution. A physician treating a child or a person in charge of a hospital or similar institution may hold a child for no more than 24 hours if there is reasonable cause to believe that the child has been abused or neglected or has been affected by a fetal alcohol spectrum disorder or prenatal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure and that the child is in danger of further harm if released. The physician or other person shall immediately notify a law enforcement agency or an agency which provides child welfare services that the physician or other person is holding the child.
(Added to NRS by 1985, 1378; A 2001 Special Session, 47; 2005, 2038; 2017, 1388)
CHILD DEATH REVIEW TEAMS
NRS 432B.403 Purpose of organizing child death review teams. The purpose of organizing multidisciplinary teams to review the deaths of children pursuant to NRS 432B.403 to 432B.4095, inclusive, is to:
1. Review the records of selected cases of deaths of children under 18 years of age in this State;
2. Review the records of selected cases of deaths of children under 18 years of age who are residents of Nevada and who die in another state;
3. Assess and analyze such cases;
4. Make recommendations for improvements to laws, policies and practice;
5. Support the safety of children; and
6. Prevent future deaths of children.
(Added to NRS by 2003, 863; A 2007, 1508)
NRS 432B.405 Organization of child death review teams.
1. The director or other authorized representative of an agency which provides child welfare services:
(a) May provisionally appoint and organize one or more multidisciplinary teams to review the death of a child;
(b) Shall submit names to the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409 for review and approval of persons whom the director or other authorized representative recommends for appointment to a multidisciplinary team to review the death of a child; and
(c) Shall organize one or more multidisciplinary teams to review the death of a child under any of the following circumstances:
(1) Upon receiving a written request from an adult related to the child within the third degree of consanguinity, if the request is received by the agency within 1 year after the date of death of the child;
(2) If the child dies while in the custody of or involved with an agency which provides child welfare services, or if the child’s family previously received services from such an agency;
(3) If the death is alleged to be from abuse or neglect of the child;
(4) If a sibling, household member or day care provider has been the subject of a child abuse and neglect investigation within the previous 12 months, including, without limitation, cases in which the report was unsubstantiated or the investigation is currently pending;
(5) If the child was adopted through an agency which provides child welfare services; or
(6) If the child died of Sudden Infant Death Syndrome.
2. A review conducted pursuant to subparagraph (2) of paragraph (c) of subsection 1 must occur within 3 months after the issuance of a certificate of death.

1. A multidisciplinary team to review the death of a child that is organized by an agency which provides child welfare services pursuant to NRS 432B.405 must include, insofar as possible:
(a) A representative of any law enforcement agency that is involved with the case under review;
(b) Medical personnel;
(c) A representative of the district attorney’s office in the county where the case is under review;
(d) A representative of any school that is involved with the case under review;
(e) A representative of any agency which provides child welfare services that is involved with the case under review; and
(f) A representative of the coroner’s office.
2. A multidisciplinary team may include such other representatives of other organizations concerned with the death of the child as the agency which provides child welfare services deems appropriate for the review.
(Added to NRS by 2003, 863)
NRS 432B.407 Information available to child death review teams; sharing of certain information; subpoena to obtain information; confidentiality of information.
1. A multidisciplinary team to review the death of a child is entitled to access to:
(a) All investigative information of law enforcement agencies regarding the death;
(b) Any autopsy and coroner’s investigative records relating to the death;
(c) Any medical or mental health records of the child; and
(d) Any records of social and rehabilitative services or of any other social service agency which has provided services to the child or the child’s family.
2. Each organization represented on a multidisciplinary team to review the death of a child shall share with other members of the team information in its possession concerning the child who is the subject of the review, any siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.
3. A multidisciplinary team to review the death of a child may, if appropriate, meet and share information with:
(a) A multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475; or
(b) The Committee on Domestic Violence appointed pursuant to NRS 228.470.
4. A multidisciplinary team to review the death of a child may petition the district court for the issuance of, and the district court may issue, a subpoena to compel the production of any books, records or papers relevant to the cause of any death being investigated by the team. Except as otherwise provided in NRS 239.0115, any books, records or papers received by the team pursuant to the subpoena shall be deemed confidential and privileged and not subject to disclosure.
5. A multidisciplinary team to review the death of a child may use data collected concerning the death of a child for the purpose of research or to prevent future deaths of children if the data is aggregated and does not allow for the identification of any person.
6. Except as otherwise provided in this section, information acquired by, and the records of, a multidisciplinary team to review the death of a child are confidential, must not be disclosed, and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.
(Added to NRS by 2003, 863; A 2007, 2106; 2011, 739; 2013, 438; 2017, 2466)
NRS 432B.4075 Authority of Administrator to organize multidisciplinary team to oversee review conducted by child death review team; access to information and privileges.
1. The Administrator of the Division of Child and Family Services may organize a multidisciplinary team to oversee any review of the death of a child conducted by a multidisciplinary team that is organized by an agency which provides child welfare services pursuant to NRS 432B.405.
2. A multidisciplinary team organized pursuant to subsection 1 is entitled to the same access and privileges granted to a multidisciplinary team to review the death of a child pursuant to NRS 432B.407.
(Added to NRS by 2007, 1500)
NRS 432B.408 Executive Committee to Review the Death of Children to review report of child death review team.
1. The report and recommendations of a multidisciplinary team to review the death of a child must be transmitted for review to the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409.
2. The Executive Committee shall review the report and recommendations and respond in writing to the multidisciplinary team within 90 days after receiving the report.
(Added to NRS by 2003, 864; A 2013, 438)
NRS 432B.409 Establishment, composition and duties of Executive Committee to Review the Death of Children; creation of and use of money in Review of Death of Children Account.
1. The Administrator of the Division of Child and Family Services shall establish an Executive Committee to Review the Death of Children, consisting of:
(a) Representatives from multidisciplinary teams formed pursuant to paragraph (a) of subsection 1 of NRS 432B.405 and NRS 432B.406, vital statistics, law enforcement, public health and the Office of the Attorney General.
(b) Administrators of agencies which provide child welfare services, and agencies responsible for mental health and public safety, to the extent that such administrators are not already appointed pursuant to paragraph (a). Members of the Executive Committee who are appointed pursuant to this paragraph shall serve as nonvoting members.
2. The Executive Committee shall:
(a) Adopt statewide protocols for the review of the death of a child;
(b) Adopt regulations to carry out the provisions of NRS 432B.403 to 432B.4095, inclusive;
(c) Adopt bylaws to govern the management and operation of the Executive Committee;
(d) Appoint one or more multidisciplinary teams to review the death of a child from the names submitted to the Executive Committee pursuant to paragraph (b) of subsection 1 of NRS 432B.405;
(e) Oversee training and development of multidisciplinary teams to review the death of children;
(f) Compile and distribute a statewide annual report, including statistics and recommendations for regulatory and policy changes; and
(g) Carry out the duties specified in NRS 432B.408.
3. The Review of Death of Children Account is hereby created in the State General Fund. The Executive Committee may use money in the Account to carry out the provisions of NRS 432B.403 to 432B.4095, inclusive.
(Added to NRS by 2003, 864; A 2007, 1509; 2013, 439)
NRS 432B.4095 Civil penalty for disclosure of confidential information; authority to bring action; deposit of money.
1. Each member of a multidisciplinary team organized pursuant to NRS 432B.405, a multidisciplinary team organized pursuant to NRS 432B.4075 or the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409 who discloses any confidential information concerning the death of a child is personally liable for a civil penalty of not more than $500.
2. The Administrator of the Division of Child and Family Services:
(a) May bring an action to recover a civil penalty imposed pursuant to subsection 1 against a member of a multidisciplinary team organized pursuant to NRS 432B.4075 or the Executive Committee; and
(b) Shall deposit any money received from the civil penalty with the State Treasurer for credit to the State General Fund.
3. Each director or other authorized representative of an agency which provides child welfare services that organized a multidisciplinary team pursuant to NRS 432B.405:
(a) May bring an action to recover a civil penalty pursuant to subsection 1 against a member of the multidisciplinary team; and
(b) Shall deposit any money received from the civil penalty in the appropriate county treasury.
(Added to NRS by 2007, 1500; A 2013, 439)
CIVIL PROCEEDINGS
General Provisions
NRS 432B.410 Exclusive original jurisdiction; action does not preclude prosecution.
1. Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act, the court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is a child in need of protection or may be a child in need of protection.
2. Action taken by the court because of the abuse or neglect of a child does not preclude the prosecution and conviction of any person for violation of NRS 200.508 based on the same facts.
(Added to NRS by 1985, 1379; A 1991, 2186; 1995, 787)
NRS 432B.420 Right of parent or other responsible person to representation by attorney; child deemed party to proceedings; court required to appoint attorney to represent child; authority and rights of child’s attorney; compensation of attorney.
1. A parent or other person responsible for the welfare of a child who is alleged to have abused or neglected the child may be represented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590, inclusive. Except as otherwise provided in subsection 3, if the person is indigent, the court may appoint an attorney to represent the person.
2. A child who is alleged to have been abused or neglected shall be deemed to be a party to any proceedings under NRS 432B.410 to 432B.590, inclusive. The court shall appoint an attorney to represent the child. The child must be represented by an attorney at all stages of any proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive. The attorney representing the child has the same authority and rights as an attorney representing any other party to the proceedings.
3. If the court determines that the parent of an Indian child for whom protective custody is sought is indigent, the court:
(a) Shall appoint an attorney to represent the parent; and
(b) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,
Ê as provided in the Indian Child Welfare Act.
4. Each attorney, other than a public defender or an attorney compensated through a program for legal aid described in NRS 19.031 and 247.305, if appointed under the provisions of subsection 1 or 2, is entitled to the same compensation and payment for expenses from the county as provided in NRS 7.125 and 7.135 for an attorney appointed to represent a person charged with a crime.
(Added to NRS by 1985, 1379; A 1987, 1308; 1995, 787; 1999, 2037; 2001, 1703; 2003, 590; 2015, 1326; 2017, 1287)
NRS 432B.425 Notification of tribe if proceedings involve Indian child; transfer of proceedings to Indian child’s tribe; exercise of jurisdiction by court. If proceedings pursuant to this chapter involve the protection of an Indian child, the court shall:
1. Cause the Indian child’s tribe to be notified in writing at the beginning of the proceedings in the manner provided in the Indian Child Welfare Act. If the Indian child is eligible for membership in more than one tribe, each tribe must be notified.
2. Transfer the proceedings to the Indian child’s tribe in accordance with the Indian Child Welfare Act.
3. If a tribe declines or is unable to exercise jurisdiction, exercise its jurisdiction as provided in the Indian Child Welfare Act.
(Added to NRS by 1995, 786; A 2003, 1149)
NRS 432B.430 Restriction on admission of persons to proceedings.
1. Except as otherwise provided in subsections 3 and 4 and NRS 432B.457, in each judicial district that includes a county whose population is 700,000 or more:
(a) Any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, other than a hearing held pursuant to subsections 1 to 4, inclusive, of NRS 432B.530 or a hearing held pursuant to subsection 5 of NRS 432B.530 when the court proceeds immediately, must be open to the general public unless the judge or master, upon his or her own motion or upon the motion of another person, determines that all or part of the proceeding must be closed to the general public because such closure is in the best interests of the child who is the subject of the proceeding. In determining whether closing all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master must consider and give due weight to the desires of that child.
(b) If the judge or master determines pursuant to paragraph (a) that all or part of a proceeding must be closed to the general public:
(1) The judge or master must make specific findings of fact to support such a determination; and
(2) The general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.
(c) Any proceeding held pursuant to subsections 1 to 4, inclusive, of NRS 432B.530 and any proceeding held pursuant to subsection 5 of NRS 432B.530 when the court proceeds immediately must be closed to the general public unless the judge or master, upon his or her own motion or upon the motion of another person, determines that all or part of the proceeding must be open to the general public because opening the proceeding in such a manner is in the best interests of the child who is the subject of the proceeding. In determining whether opening all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master must consider and give due weight to the desires of that child. If the judge or master determines pursuant to this paragraph that all or part of a proceeding must be open to the general public, the judge or master must make specific findings of fact to support such a determination. Unless the judge or master determines pursuant to this paragraph that all or part of a proceeding described in this paragraph must be open to the general public, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.
2. Except as otherwise provided in subsections 3 and 4 and NRS 432B.457, in each judicial district that includes a county whose population is less than 700,000:
(a) Any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, must be closed to the general public unless the judge or master, upon his or her own motion or upon the motion of another person, determines that all or part of the proceeding must be open to the general public because opening the proceeding in such a manner is in the best interests of the child who is the subject of the proceeding. In determining whether opening all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master shall consider and give due weight to the desires of that child.
(b) If the judge or master determines pursuant to paragraph (a) that all or part of a proceeding must be open to the general public, the judge or master must make specific findings of fact to support such a determination.
(c) Unless the judge or master determines pursuant to paragraph (a) that all or part of a proceeding must be open to the general public, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.
3. Except as otherwise provided in subsection 4 and NRS 432B.457, in a proceeding held pursuant to NRS 432B.470, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.
4. In conducting a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, a judge or master shall keep information confidential to the extent necessary to obtain federal funds in the maximum amount available to this state.
(Added to NRS by 1985, 1379; A 1997, 1345; 2003, 591, 3517; 2011, 1254, 2675)
NRS 432B.435 Presentation of evidence of child’s previous sexual conduct prohibited; exception. In any proceeding held pursuant to this chapter, a party may not present evidence of any previous sexual conduct of a child to challenge the child’s credibility as a witness unless the attorney for the child has first presented evidence or the child has testified concerning such conduct, or the absence of such conduct, on direct examination by the district attorney or the attorney for the child, in which case the scope of the cross-examination of the child or rebuttal must be limited to the evidence presented by the child’s attorney or the child.
(Added to NRS by 2013, 409)
NRS 432B.440 Assistance by agency which provides child welfare services. The agency which provides child welfare services shall assist the court during all stages of any proceeding in accordance with NRS 432B.410 to 432B.590, inclusive.
(Added to NRS by 1985, 1385; A 2001, 1845; 2001 Special Session, 47; 2003, 236, 591; 2005, 2096)
NRS 432B.450 Expert testimony raising presumption of need for protection of child. In any civil proceeding had pursuant to NRS 432B.410 to 432B.590, inclusive, if there is expert testimony that a physical or mental injury of a child would ordinarily not be sustained or a condition not exist without either negligence or a deliberate but unreasonable act or failure to act by the person responsible for the welfare of the child, the court shall find that the child is in need of protection unless that testimony is rebutted.
(Added to NRS by 1985, 1379; A 2003, 591)
NRS 432B.451 Qualified expert witness required in proceeding to place Indian child in foster care.
1. Any proceeding to place an Indian child in foster care pursuant to this chapter must include the testimony of at least one qualified expert witness as provided in the Indian Child Welfare Act.
2. For the purposes of this section, “qualified expert witness” includes, without limitation:
(a) An Indian person who has personal knowledge about the Indian child’s tribe and its customs related to raising a child and the organization of the family; and
(b) A person who has:
(1) Substantial experience and training regarding the customs of Indian tribes related to raising a child; and
(2) Extensive knowledge of the social values and cultural influences of Indian tribes.
(Added to NRS by 1995, 786)
NRS 432B.455 Determination of appropriate person to take custody of child: Appointment and duties of special master.
1. If the court determines that a child must be kept in protective custody pursuant to NRS 432B.480 or must be placed in temporary or permanent custody pursuant to NRS 432B.550, the court may, before placing the child in the temporary or permanent custody of a person, order the appointment of a special master from among the members of the State Bar of Nevada to conduct a hearing to identify the person most qualified and suitable to take custody of the child in consideration of the needs of the child for temporary or permanent placement.
2. Not later than 5 calendar days after the hearing, the special master shall prepare and submit to the court a recommendation regarding which person is most qualified and suitable to take custody of the child.
(Added to NRS by 1997, 1344)
NRS 432B.457 Determination of appropriate person to take custody of child: Involvement in and notification of person with special interest in child; testimony by person with special interest in child.
1. If the court or a special master appointed pursuant to NRS 432B.455 finds that a person has a special interest in a child, the court or the special master shall:
(a) Except for good cause, ensure that the person is involved in and notified of any plan for the temporary or permanent placement of the child and is allowed to offer recommendations regarding the plan; and
(b) Allow the person to testify at any hearing held pursuant to this chapter to determine any temporary or permanent placement of the child.
2. For the purposes of this section, a person “has a special interest in a child” if:
(a) The person is:
(1) A parent or other relative of the child;
(2) A foster parent or other provider of substitute care for the child;
(3) A provider of care for the medical or mental health of the child; or
(4) A teacher or other school official who works directly with the child; and
(b) The person:
(1) Has a personal interest in the well-being of the child; or
(2) Possesses information that is relevant to the determination of the placement of the child.
(Added to NRS by 1997, 1344; A 1999, 2038)
NRS 432B.459 Provision of copy of sound recording or transcript of proceeding to parent or guardian; fees.
1. If a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, is recorded using sound recording equipment or is transcribed, the clerk of the court shall, upon request, provide to a parent or guardian of the child who is the subject of the proceeding and the attorney of the parent or guardian a copy of the sound recording or transcript of the proceeding if:
(a) Such a copy is available or could be made available; and
(b) The parent or guardian or the county in which the proceeding is held, as appropriate, pays the fee for the copy in accordance with subsection 2.
2. Each board of county commissioners shall adopt a sliding scale for determining the amount to be paid for a copy of a sound recording or transcript of a proceeding pursuant to subsection 1 for a proceeding that was held in a court in its county. The sliding scale must be based on the ability of the parent or guardian to pay. The court shall review each case and make a finding as to the reasonableness of the charge in relation to the ability of the parent or guardian to pay. To the extent that the court determines that a parent or guardian is unable to pay for a copy of the recording or transcript pursuant to subsection 1, the cost of providing the copy of the sound recording or transcript is a charge against the county in which the proceeding was held.
(Added to NRS by 2001, 1700; A 2003, 591)
NRS 432B.460 Courts not deprived of right to determine custody or guardianship. This chapter does not deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in cases involving divorce or problems of domestic relations.
(Added to NRS by 1985, 1385)
NRS 432B.462 Educational surrogate parent: Appointment; duties; revocation of appointment; selection pursuant to applicable law.
1. Any person who is a party to a proceeding pursuant to this chapter may file a petition requesting the court to appoint an educational surrogate parent for a child with a known or suspected disability. The court may appoint an educational surrogate parent for a child with a known or suspected disability if a parent, as defined in 34 C.F.R. § 300.30, is:
(a) Not identified;
(b) Unavailable; or
(c) Unwilling or unable to make decisions relating to the education of the child and such an appointment is in the best interest of the child.
2. The court may appoint a person as an educational surrogate parent if the person:
(a) Has not caused the abuse or neglect of the child;
(b) Does not have any interest that conflicts with the best interests of the child;
(c) Has the knowledge and skill to adequately represent the interests of the child; and
(d) Is not an employee of a public agency involved in the education of the child. An educational surrogate parent appointed pursuant to this section shall not be deemed to be an employee of a public agency involved in the education of the child.
3. An educational surrogate parent shall represent the child with a known or suspected disability in all matters relating to the identification of the child, the assessment of any special educational needs of the child, the educational placement of the child and the provision of a free appropriate program of public education to the child.
4. A court may revoke the appointment of an educational surrogate parent if the court determines the revocation of the appointment is in the best interests of the child.
5. If the court does not appoint an educational surrogate parent or if the court revokes such an appointment, the selection of an educational surrogate parent must be made pursuant to applicable state and federal law.
(Added to NRS by 2017, 3165)
NRS 432B.465 Full faith and credit to judicial proceedings of Indian tribe. Each court in this state which exercises jurisdiction pursuant to this chapter in a case involving an Indian child shall give full faith and credit to the judicial proceedings of an Indian tribe to the same extent that the Indian tribe gives full faith and credit to the judicial proceedings of the courts of this state.
(Added to NRS by 1995, 786)
NRS 432B.4655 Joinder of governmental entity or other person to certain proceedings to enforce legal obligation of such entity or person. A court may issue an order to join any governmental entity or other person as a party in any proceeding concerning the protection of the child to enforce a legal obligation of the entity or person to the child if, before issuing the order, the court provides notice and an opportunity to be heard to the governmental entity or person.
(Added to NRS by 2005, 2093; A 2007, 100)
Permanent Placement With Guardian
NRS 432B.466 Petition for appointment of guardian; notice.
1. If the plan adopted pursuant to NRS 432B.553 for the permanent placement of a child includes a request for the appointment of a guardian for the child pursuant to NRS 432B.4665 to 432B.468, inclusive, a governmental agency, a nonprofit corporation or any interested person, including, without limitation, the agency that adopted the plan may petition the court for the appointment of a guardian. The guardian may be appointed at a hearing conducted pursuant to NRS 432B.590 or at a separate hearing.
2. A petition for the appointment of a guardian pursuant to this section:
(a) May not be filed before the court has determined that the child is in need of protection;
(b) Must include the information required pursuant to NRS 159A.044; and
(c) Must include a statement explaining why the appointment of a guardian, rather than the adoption of the child or the return of the child to a parent, is in the best interests of the child.
3. In addition to the notice required pursuant to NRS 432B.590, a governmental agency, nonprofit corporation or interested person who files a petition for the appointment of a guardian must serve notice of the petition that includes a copy of the petition and the date, time and location of the hearing on the petition, by registered or certified mail or by personal service:
(a) To all the persons entitled to notice of the hearing pursuant to NRS 432B.590, the parents of the child, any person or governmental agency having care, custody or control over the child, and, if the child is 14 years of age or older, the child; and
(b) At least 20 days before the hearing on the petition.
(Added to NRS by 2003, 588; A 2017, 898)
NRS 432B.4665 Appointment of guardian; powers and duties of and limitations on guardian; effect of guardianship.
1. The court may, upon the filing of a petition pursuant to NRS 432B.466, appoint a person as a guardian for a child if:
(a) The court finds:
(1) That the proposed guardian is suitable and is not disqualified from guardianship pursuant to NRS 159A.061;
(2) That the child has been in the custody of the proposed guardian for 6 months or more pursuant to a determination by a court that the child was in need of protection, unless the court waives this requirement for good cause shown;
(3) That the proposed guardian has complied with the requirements of chapter 159A of NRS; and
(4) That the burden of proof set forth in chapter 159A of NRS for the appointment of a guardian for a child has been satisfied;
(b) The child consents to the guardianship, if the child is 14 years of age or older; and
(c) The court determines that the requirements for filing a petition pursuant to NRS 432B.466 have been satisfied.
2. A guardianship established pursuant to this section:
(a) Provides the guardian with the powers and duties provided in NRS 159A.079, and subjects the guardian to the limitations set forth in NRS 159A.0805;
(b) Is subject to the provisions of NRS 159A.065 to 159A.076, inclusive, and 159A.185 to 159A.199, inclusive;
(c) Provides the guardian with sole legal and physical custody of the child;
(d) Does not result in the termination of parental rights of a parent of the child; and
(e) Does not affect any rights of the child to inheritance, a succession or any services or benefits provided by the Federal Government, this state or an agency or political subdivision of this state.
(Added to NRS by 2003, 589; A 2015, 2371, 2511; 2017, 899)
NRS 432B.467 Consideration of evidence in determining whether to appoint guardian; right of visitation to certain persons.
1. In determining whether to grant a petition for the appointment of a guardian filed pursuant to NRS 432B.466, the court may consider all relevant and material evidence that is admissible pursuant to this chapter, including, without limitation, any report submitted by a special advocate appointed as a guardian ad litem for the child pursuant to NRS 432B.500.
2. If a court appoints a guardian for a child pursuant to NRS 432B.4665, the court may order a reasonable right of visitation to any person whose right to custody or visitation of the child was terminated as a result of the appointment of the guardian if the court finds that the visitation is in the best interests of the child.
(Added to NRS by 2003, 589)
NRS 432B.4675 Effect of entry of final order establishing guardianship. Upon the entry of a final order by the court establishing a guardianship pursuant to NRS 432B.4665:
1. The custody of the child by the agency which has legal custody of the child is terminated;
2. The proceedings concerning the child conducted pursuant to NRS 432B.410 to 432B.590, inclusive, terminate; and
3. Unless subsequently ordered by the court to assist the court, the following agencies and persons are excused from any responsibility to participate in the guardianship case:
(a) The agency which has legal custody of the child;
(b) Any counsel or guardian ad litem appointed by the court to assist in the proceedings conducted pursuant to NRS 432B.410 to 432B.590, inclusive; and
(c) Any person nominated or appointed as the person who is legally responsible for the psychiatric care of the child pursuant to NRS 432B.4684 or 432B.4685, respectively.
(Added to NRS by 2003, 590; A 2011, 2677)
NRS 432B.468 Enforcement, modification and termination of guardianship; appointment of successor guardian.
1. The court shall retain jurisdiction to enforce, modify or terminate a guardianship established pursuant to NRS 432B.4665 until the child reaches 18 years of age.
2. Any person having a direct interest in a guardianship established pursuant to NRS 432B.4665 may move to enforce, modify or terminate an order concerning the guardianship.
3. The court shall issue an order directing the appropriate agency which provides child welfare services to file a report and make a recommendation in response to any motion to enforce, modify or terminate an order concerning a guardianship established pursuant to NRS 432B.4665. The agency must submit the report to the court within 45 days after receiving the order of the court.
4. Any motion to enforce, modify or terminate an order concerning a guardianship established pursuant to NRS 432B.4665 must comply with the provisions set forth in chapter 159A of NRS for motions to enforce, modify or terminate orders concerning guardianships.
5. A successor guardian may be appointed in accordance with the procedures set forth in chapter 159A of NRS.
(Added to NRS by 2003, 590; A 2017, 899)
Person Legally Responsible for Psychiatric Care of Child
NRS 432B.4681 Definitions. As used in NRS 432B.4681 to 432B.469, inclusive, unless the context otherwise requires, the words and terms defined in NRS 432B.4682 and 432B.4683 have the meanings ascribed to them in those sections.
(Added to NRS by 2011, 2669)
NRS 432B.4682 “Person professionally qualified in the field of psychiatric mental health” defined. “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433A.018.
(Added to NRS by 2011, 2669)
NRS 432B.4683 “Psychiatric care” defined. “Psychiatric care” means the provision of psychiatric services and psychiatric treatment and the administration of psychotropic medication.
(Added to NRS by 2011, 2669)
NRS 432B.4684 Nomination; person nominated deemed to be person who is legally responsible pending court approval; petition to appoint nominee; persons authorized to be nominated or appointed.
1. If a child who is in the custody of an agency which provides child welfare services has a prescription for a psychotropic medication upon entering the custody of the agency or if the agency determines that a child may be in need of psychiatric care, the agency shall nominate, pending appointment by a court pursuant to NRS 432B.4685, a person who is legally responsible for the psychiatric care of the child. A person nominated pursuant to this subsection shall be deemed to be the person who is legally responsible for the psychiatric care of the child pending approval by a court pursuant to NRS 432B.4685.
2. Upon nominating a person who is legally responsible for the psychiatric care of a child pursuant to this section, the agency which provides child welfare services shall petition the court with jurisdiction over the child for the appointment of the nominee as the person who is legally responsible for the psychiatric care of the child. A petition filed pursuant to this subsection may be heard by the court at the next hearing of the court conducted pursuant to NRS 432B.410 to 432B.590, inclusive, or at a hearing for the express purpose of appointing a person pursuant to NRS 432B.4685.
3. The person who is legally responsible for the psychiatric care of a child may be a parent or legal guardian of the child or, if a parent or legal guardian of the child is not able or willing to act as the person who is legally responsible for the psychiatric care of the child:
(a) The attorney for the child;
(b) The guardian ad litem of the child;
(c) The foster parent or other provider of substitute care for the child;
(d) An employee of the agency which provides child welfare services; or
(e) Any other person who a court determines is qualified to carry out the duties and responsibilities prescribed by NRS 432B.4681 to 432B.469, inclusive, and any policies adopted pursuant to NRS 432B.197.
(Added to NRS by 2011, 2670; A 2013, 3818)
NRS 432B.4685 Persons eligible for court appointment. If proceedings pursuant to this chapter involve the protection of a child who requires psychiatric care, including, without limitation, any child who is administered a psychotropic medication, the court shall appoint the parent or legal guardian of the child as the person who is legally responsible for the psychiatric care of the child or, if a parent or legal guardian of the child is not able or willing to act as the person who is legally responsible for the psychiatric care of the child:
1. The person nominated by the agency which provides child welfare services pursuant to NRS 432B.4684; or
2. Any other person who the court determines is qualified to carry out the duties and responsibilities of a person who is legally responsible for the psychiatric care of the child.
(Added to NRS by 2011, 2673)
NRS 432B.4686 Responsibilities and duties.
1. A person who is legally responsible for the psychiatric care of a child who is in the custody of an agency which provides child welfare services is responsible for the procurement and oversight of all psychiatric care for the child and shall make all decisions relating to the psychiatric care and related treatment of the child, including, without limitation, the approval of all psychiatric services, psychiatric treatment and psychotropic medication that may be administered to the child.
2. A person who is appointed to be legally responsible for the psychiatric care of a child shall:
(a) To the extent that such information is available, maintain current information concerning the medical history of the child, including, without limitation:
(1) All known allergies of the child;
(2) Past and current illnesses and treatments of the child;
(3) Past and current psychiatric history and treatments of the child;
(4) Past and current psychiatric history of the family of the child; and
(5) Any other information which is necessary to make decisions relating to the medical treatment of the child.
(b) Maintain current information concerning the emotional, behavioral, educational and related needs of the child.
(c) Attend each visit of the child to receive psychiatric care or be available by telephone to discuss the visit with the person professionally qualified in the field of psychiatric mental health who treats the child.
3. Except as otherwise provided in this subsection, a person who is legally responsible for the psychiatric care of a child shall provide written consent or, in writing, deny consent for each visit of the child with a person professionally qualified in the field of psychiatric mental health who treats the child. Written consent is not required for each visit if the visit is part of the routine care of the child and the written consent approves such routine care. Written consent for routine care may be revoked at any time.
4. Written consent provided pursuant to subsection 3 must include, without limitation:
(a) The name and address of the person with whom the child currently resides or the name and location of the agency which provides child welfare services where the child currently resides;
(b) The name of the person who is legally responsible for the psychiatric care of the child;
(c) The name of the person professionally qualified in the field of psychiatric mental health who treats the child;
(d) The date, time and location of the visit or, if the consent is for routine visits, the frequency and duration of the routine visits; and
(e) If the person who is legally responsible for the psychiatric care of the child does not attend a visit, a written statement that the person is aware of and is available to discuss the visit and the treatment recommended for the child with the person professionally qualified in the field of psychiatric mental health.
5. A person who is legally responsible for the psychiatric care of a child shall, not less than 1 week before each visit of the child with a person professionally qualified in the field of psychiatric mental health who treats the child, notify:
(a) The agency which provides child welfare services that has custody of the child; and
(b) If the person is not the parent or legal guardian of the child, the parent or legal guardian,
Ê of the date, time and location of each visit of the child with a person professionally qualified in the field of psychiatric mental health who treats the child. Unless a court order prohibits such visitation, a parent or legal guardian of the child may attend each visit of the child with a person professionally qualified in the field of psychiatric mental health who treats the child.
(Added to NRS by 2011, 2670)
NRS 432B.4687 Considerations for approval of administration of psychotropic medication to child; written consent for administration of such medication or notice of denial; other required approval.
1. A person who is legally responsible for the psychiatric care of a child who is in the custody of an agency which provides child welfare services shall approve or deny the administration of a psychotropic medication to the child:
(a) After considering the purpose, benefits, risks, alternatives, side effects and complications of each psychotropic medication recommended by the person professionally qualified in the field of psychiatric mental health who treats the child;
(b) After considering any additional information provided by the person professionally qualified in the field of psychiatric mental health who treats the child;
(c) After considering the possible clinical indications to suspend or terminate the psychotropic medication and the potential consequences of such an action; and
(d) In accordance with the policies adopted by the agency which provides child welfare services pursuant to NRS 432B.197.
2. If a person who is legally responsible for the psychiatric care of a child:
(a) Approves the administration of a psychotropic medication to the child, the person shall provide written consent to the person professionally qualified in the field of psychiatric mental health, the agency which provides child welfare services and the foster parent or other provider of substitute care for the child for the administration of the psychotropic medication. The written consent must include:
(1) The name of the child;
(2) The name, address and telephone number of the person who is legally responsible for the psychiatric care of the child;
(3) The name, purpose and expected time frame for improvement for each medication;
(4) The dosage, times of administration and, if applicable, the number of units at each administration of the medication which may be administered to the child;
(5) The duration of the course of treatment for the administration of the medication;
(6) A description of the possible risks, side effects interactions with other medications or foods, and complications of the medication; and
(7) If applicable, the specific authorization required by subsection 4.
(b) Denies the administration of a psychotropic medication to the child, the person shall provide written notice of the denial to the agency which provides child welfare services.
3. Except as otherwise provided in NRS 432B.4689, the foster parent or other provider of substitute care for a child in the custody of an agency which provides child welfare services shall not administer a psychotropic medication to the child unless:
(a) The person who is legally responsible for the psychiatric care of the child has consented to the administration of the medication; and
(b) The psychotropic medication is administered in accordance with the consent of the person who is legally responsible for the psychiatric care of the child.
4. The person who is legally responsible for the psychiatric care of a child must, in addition to providing written consent for the administration of a psychotropic medication, specifically approve:
(a) The use of psychotropic medication in a manner that has not been tested or approved by the United States Food and Drug Administration, including, without limitation, the use of such medication for a child who is of an age that has not been tested or approved or who has a condition for which the use of the medication has not been tested or approved;
(b) The prescribing of any psychotropic medication for use by a child who is less than 4 years of age;
(c) The concurrent use by a child of three or more classes of psychotropic medication; and
(d) The concurrent use by a child of two psychotropic medications of the same class.
(Added to NRS by 2011, 2671)
NRS 432B.4688 Administration of psychotropic medication to child allowed only in accordance with consent; quarterly review of records of child.
1. Except as otherwise provided in NRS 432B.4689, an agency which provides child welfare services shall not allow the administration of a psychotropic medication to a child in the custody of the agency unless:
(a) The person who is legally responsible for the psychiatric care of the child has consented to the administration of the medication; and
(b) The psychotropic medication is administered in accordance with the consent of the person who is legally responsible for the psychiatric care of the child.
2. An agency which provides child welfare services shall, at least quarterly, review the records for each child in the custody of the agency who is administered a psychotropic medication to determine whether the medication is being administered in accordance with NRS 432B.4681 to 432B.469, inclusive, and the policies adopted pursuant to NRS 432B.197. The agency may use the results of the quarterly reviews to determine whether the placement of the child should be continued.
(Added to NRS by 2011, 2675) — (Substituted in revision for part of NRS 432B.197)
NRS 432B.4689 Administration of psychotropic medication without consent authorized under certain circumstances.
1. An agency which provides child welfare services may allow the administration of, and a foster parent or other provider of substitute care for a child in the custody of an agency which provides child welfare services may administer, a psychotropic medication to a child without obtaining consent from a person who is legally responsible for the psychiatric care of the child if:
(a) The child has a prescription for a psychotropic medication upon entering the custody of the agency and the agency continues administering the psychotropic medication in accordance with that prescription; or
(b) A physician determines that an emergency exists which requires the immediate administration of a psychotropic medication before consent may be obtained from the person who is legally responsible for the psychiatric care of the child. The agency which provides child welfare services shall obtain documentation, which may include an incident report or other documentation which demonstrates that an emergency existed, regarding the circumstances surrounding the administration of the psychotropic medication.
2. If a psychotropic medication is administered pursuant to this section, the agency which provides child welfare services shall take reasonable efforts, as soon as practicable, to notify the parent or legal guardian of the child and the person who is legally responsible for the psychiatric care of the child of the administration of the psychotropic medication.
(Added to NRS by 2011, 2673)
NRS 432B.469 Agency which provides child welfare services retains responsibility for health and well-being of child in its custody. The provisions of NRS 432B.4681 to 432B.469, inclusive, do not relieve an agency which provides child welfare services of any responsibility of the agency relating to the general health and well-being of a child in the custody of the agency.
(Added to NRS by 2011, 2669)
Hearing on Protective Custody
NRS 432B.470 Hearing required; notice.
1. A child taken into protective custody pursuant to NRS 432B.390 must be given a hearing, conducted by a judge, master or special master appointed by the judge for that particular hearing, within 72 hours, excluding Saturdays, Sundays and holidays, after being taken into custody, to determine whether the child should remain in protective custody pending further action by the court.
2. Except as otherwise provided in this subsection, notice of the time and place of the hearing must be given to a parent or other person responsible for the child’s welfare:
(a) By personal service of a written notice;
(b) Orally; or
(c) If the parent or other person responsible for the child’s welfare cannot be located after a reasonable effort, by posting a written notice on the door of the residence of the parent or other person.
Ê If the child was delivered to a provider of emergency services pursuant to NRS 432B.630, the parent who delivered the child to the provider shall be deemed to have waived any right to notice of the hearing conducted pursuant to this section.
3. If notice is given by means of paragraph (b) or (c) of subsection 2, a copy of the notice must be mailed to the person at the last known address of the person within 24 hours after the child is placed in protective custody.
(Added to NRS by 1985, 1380; A 2001, 1259; 2017, 672)
NRS 432B.480 Hearing: Court required to advise parties of rights; determinations by court; order to continue custody or release child.
1. At each hearing conducted pursuant to NRS 432B.470:
(a) At the commencement of the hearing, the court shall advise the parties of their right to be represented by an attorney and of their right to present evidence.
(b) The court shall determine whether there is reasonable cause to believe that it would be:
(1) Contrary to the welfare of the child for the child to reside at his or her home; or
(2) In the best interests of the child to place the child outside of his or her home.
Ê The court shall prepare an explicit statement of the facts upon which each of its determinations is based. If the court makes an affirmative finding regarding either subparagraph (1) or (2), the court shall issue an order keeping the child in protective custody pending a disposition by the court.
(c) The court shall determine whether the child has been placed in a home or facility that complies with the requirements of NRS 432B.3905. If the placement does not comply with the requirements of NRS 432B.3905, the court shall establish a plan with the agency which provides child welfare services for the prompt transfer of the child into a home or facility that complies with the requirements of NRS 432B.3905.
2. If the court issues an order keeping the child in protective custody pending a disposition by the court and it is in the best interests of the child, the court may:
(a) Place the child in the temporary custody of a grandparent, great-grandparent or other person related within the fifth degree of consanguinity to the child who the court finds has established a meaningful relationship with the child, with or without supervision upon such conditions as the court prescribes, regardless of whether the relative resides within this State; or
(b) Grant the grandparent, great-grandparent or other person related within the fifth degree of consanguinity to the child a reasonable right to visit the child while the child is in protective custody.
3. If the court finds that the best interests of the child do not require that the child remain in protective custody, the court shall order the immediate release of the child.
4. If a child is placed with any person who resides outside this State, the placement must be in accordance with NRS 127.330.
(Added to NRS by 1985, 1380; A 1987, 1194; 1991, 1183; 2001, 1845; 2007, 1005; 2009, 215)
NRS 432B.490 Procedure following hearing or investigation.
1. An agency which provides child welfare services:
(a) In cases where the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, shall within 10 days after the hearing on protective custody initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510;
(b) In cases where a court issues an order keeping the child in protective custody pursuant to paragraph (b) of subsection 1 of NRS 432B.480, shall within 10 days after the hearing on protective custody, unless good cause exists, initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510 or recommend against any further action in court; or
(c) In cases where an investigation is made under NRS 432B.010 to 432B.400, inclusive, and a determination is made that the child is in need of protection but is not in imminent danger, may file a petition which meets the requirements set forth in NRS 432B.510.
2. If the agency recommends against further action, the court may, on its own motion, initiate proceedings when it finds that it is in the best interests of the child.
3. If a child has been placed in protective custody and if further action in court is taken, an agency which provides child welfare services shall make recommendations to the court concerning whether the child should be returned to the person responsible for the welfare of the child pending further action in court.
4. If, in a case described in paragraph (b) of subsection 1, an agency which provides child welfare services fails to initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510 within 10 days after the hearing on protective custody:
(a) The agency may recommend against further action and return the child to the custody of the person responsible for the welfare of the child; or
(b) Any party to the proceeding may schedule an additional hearing with the court which must take place before the next scheduled court date to determine whether the child should be returned to the person responsible for the welfare of the child pending further action by the court.
5. Except as otherwise provided in this subsection, notice of the time and place of a hearing scheduled pursuant to paragraph (b) of subsection 4 must be given to a parent or other person responsible for the welfare of the child:
(a) By personal service of a written notice;
(b) Orally; or
(c) If the parent or other person responsible for the welfare of the child cannot be located after a reasonable effort, by posting a written notice on the door of the residence of the parent or other person.
Ê If the child was delivered to a provider of emergency services pursuant to the provisions of NRS 432B.630, the parent who delivered the child to the provider shall be deemed to have waived any right to notice of any hearing conducted pursuant to this section.
6. If notice of a hearing scheduled pursuant to paragraph (b) of subsection 4 is given by means of paragraph (b) or (c) of subsection 5, a copy of the notice must be mailed to the parent or other person responsible for the welfare of the child at his or her last known address within 24 hours after the petition is filed.
7. The court shall hold a hearing scheduled pursuant to paragraph (b) of subsection 4 to decide whether there remains reasonable cause to believe that it would be:
(a) Contrary to the welfare of the child for the child to reside at his or her home; or
(b) In the best interests of the child to keep the child outside of his or her home.
(Added to NRS by 1985, 1380; A 1999, 832; 2001 Special Session, 47; 2011, 2524; 2013, 447; 2017, 673)
Hearing on Need of Protection for Child
NRS 432B.500 Appointment of guardian ad litem after filing of petition.
1. After a petition is filed that a child is in need of protection pursuant to NRS 432B.490, the court shall appoint a guardian ad litem for the child. The person so appointed:
(a) Must meet the requirements of NRS 432B.505 or, if such a person is not available, a representative of an agency which provides child welfare services, a juvenile probation officer, an officer of the court or another volunteer.
(b) Must not be a parent or other person responsible for the child’s welfare.
(c) Must not be an attorney appointed to represent the child pursuant to NRS 432B.420.
2. A guardian ad litem appointed pursuant to this section shall:
(a) Represent and protect the best interests of the child until excused by the court;
(b) Thoroughly research and ascertain the relevant facts of each case for which the guardian ad litem is appointed, and ensure that the court receives an independent, objective account of those facts;
(c) Meet with the child wherever the child is placed as often as is necessary to determine that the child is safe and to ascertain the best interests of the child;
(d) Explain to the child the role of the guardian ad litem and, when appropriate, the nature and purpose of each proceeding in the case;
(e) Participate in the development and negotiation of any plans for and orders regarding the child, and monitor the implementation of those plans and orders to determine whether services are being provided in an appropriate and timely manner;
(f) Appear at all proceedings regarding the child;
(g) Inform the court of the desires of the child, but exercise independent judgment regarding the best interests of the child;
(h) Present recommendations to the court and provide reasons in support of those recommendations;
(i) Request the court to enter orders that are clear, specific and, when appropriate, include periods for compliance;
(j) Review the progress of each case for which the guardian ad litem is appointed, and advocate for the expedient completion of the case; and
(k) Perform such other duties as the court orders.
(Added to NRS by 1985, 1379; A 1999, 2039; 2001 Special Session, 48; 2015, 1326; 2017, 1288)
NRS 432B.505 Qualifications of special advocate for appointment as guardian ad litem.
1. To qualify for appointment as a guardian ad litem pursuant to NRS 432B.500 in a judicial district that includes a county whose population is less than 100,000, a special advocate must complete an initial 12 hours of specialized training and, annually thereafter, complete 6 hours of specialized training. The training must be approved by the court and include information regarding:
(a) The dynamics of the abuse and neglect of children;
(b) Factors to consider in determining the best interests of a child, including planning for the permanent placement of the child;
(c) The interrelationships between the family system, legal process and system of child welfare;
(d) Skills in mediation and negotiation;
(e) Federal, state and local laws affecting children;
(f) Cultural, ethnic and gender-specific issues;
(g) Domestic violence;
(h) Resources and services available in the community for children in need of protection;
(i) Child development;
(j) Standards for guardians ad litem;
(k) Confidentiality issues; and
(l) Such other topics as the court deems appropriate.
2. To qualify for appointment as a guardian ad litem pursuant to NRS 432B.500 in a judicial district that does not include a county whose population is less than 100,000, a special advocate must be qualified pursuant to the standards for training of the National Court Appointed Special Advocate Association or its successor. If such an Association ceases to exist, the court shall determine the standards for training.
(Added to NRS by 1999, 2031; A 2015, 1327)
NRS 432B.510 Execution and contents of petition; representation of interests of public.
1. A petition alleging that a child is in need of protection may be signed only by:
(a) A representative of an agency which provides child welfare services;
(b) A law enforcement officer or probation officer; or
(c) The district attorney.
2. The district attorney shall countersign every petition alleging need of protection, and shall represent the interests of the public in all proceedings. If the district attorney fails or refuses to countersign the petition, the petitioner may seek a review by the Attorney General. If the Attorney General determines that a petition should be filed, the Attorney General shall countersign the petition and shall represent the interests of the public in all subsequent proceedings.
3. Every petition must be entitled “In the Matter of……………, a child,” and must be verified by the person who signs it.
4. Every petition must set forth specifically:
(a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 432B.410.
(b) The name, date of birth and address of the primary residence of the child at the time of removal.
(c) The names and addresses of the residences of the child’s parents and any other person responsible for the child’s welfare, and spouse if any. If the parents or other person responsible for the welfare of the child do not reside in this State or cannot be found within the State, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the State or, if there is none, the known adult relative residing nearest to the court.
(d) Whether the child is in protective custody and, if so:
(1) The agency responsible for placing the child in protective custody and the reasons therefor; and
(2) Whether the child has been placed in a home or facility in compliance with the provisions of NRS 432B.3905. If the placement does not comply with the provisions of NRS 432B.3905, the petition must include a plan for transferring the child to a placement which complies with the provisions of NRS 432B.3905.
5. When any of the facts required by subsection 4 are not known, the petition must so state.
(Added to NRS by 1985, 1381; A 1997, 2475; 2001, 1850; 2001 Special Session, 48; 2003, 236; 2007, 1006; 2013, 238)
NRS 432B.513 Copy of report or information required to be provided to parent or guardian before certain proceedings.
1. Except as otherwise provided in subsection 3, a person who submits a report or information to the court for consideration in a proceeding held pursuant to NRS 432B.466 to 432B.468, inclusive, or 432B.500 to 432B.590, inclusive, shall provide a copy of the report or information, to the extent that the data or information in the report or information is available pursuant to NRS 432B.290, to each parent or guardian of the child who is the subject of the proceeding and to the attorney of each parent or guardian not later than 72 hours before the proceeding.
2. If a person does not provide a copy of a report or information to a parent or guardian of a child and an attorney of the parent or guardian before a proceeding if required by subsection 1, the court or master:
(a) Shall provide the parent or guardian and the attorney of the parent or guardian an opportunity to review the report or information; and
(b) May grant a continuance of the proceeding until a later date that is agreed upon by all the parties to the proceeding if the parent or guardian or the attorney of the parent or guardian requests that the court grant the continuance so that the parent or guardian and the attorney of the parent or guardian may properly respond to the report or information.
3. If a child was delivered to a provider of emergency services pursuant to NRS 432B.630, a copy of a report or information described in subsection 1 need not be sent to the parent who delivered the child to the provider or the attorney of that parent pursuant to subsection 1.
4. As used in this section, “person” includes, without limitation, a government, governmental agency or political subdivision of a government.
(Added to NRS by 2001, 1699; A 2003, 592; 2017, 674)
NRS 432B.515 Electronic filing of certain petitions and reports.
1. A court clerk may allow any of the following documents to be filed electronically:
(a) A petition signed by the district attorney pursuant to NRS 432B.510; or
(b) A report prepared pursuant to NRS 432B.540.
2. Any document that is filed electronically pursuant to this section must contain an image of the signature of the person who is filing the document.
(Added to NRS by 1997, 893)
NRS 432B.520 Issuance of summons; authorizing the assumption of custody by court and removal of child from certain conditions; authorizing the attachment of child and placement of child in protective custody.
1. After a petition has been filed, the court shall direct the clerk to issue a summons requiring the person who has custody or control of the child to appear personally and bring the child before the court at a time and place stated in the summons. If the person so summoned is other than a parent or guardian of the child, then the parent or guardian, or both, must also be notified by a similar summons of the pendency of the hearing and of the time and place appointed.
2. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the court, is necessary.
3. Each summons must include notice of the right of parties to counsel at the adjudicatory hearing. A copy of the petition must be attached to each summons.
4. Except as provided in subsection 5, the summons must be served by:
(a) Personal service of a written notice; or
(b) Registered or certified mail to the last known address of the person.
5. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 by one parent and the location of the other parent who did not deliver the child is unknown to the agency which provides child welfare services, the summons must be served on that parent by publication at least once a week for 3 consecutive weeks in a newspaper published in the county and if no such newspaper is published, then a newspaper published in this state that has a general circulation in the county. The failure of the parent to appear in the action after the service of summons on the parent pursuant to this paragraph shall be deemed to constitute a waiver by the parent of any further notice of the proceedings that would otherwise be required pursuant to this chapter. The parent who delivered the child to a provider of emergency services pursuant to NRS 432B.630 shall be deemed to have waived any right to notice pursuant to this section.
6. If it appears that the child is in such condition or surroundings that the welfare of the child requires that custody be immediately assumed by the court, the court may order, by endorsement upon the summons, that the person serving it shall at once deliver the child to an agency which provides child welfare services in whose custody the child must remain until the further order of the court.
7. If the summons cannot be served or the person who has custody or control of the child fails to obey it, or:
(a) In the judge’s opinion, the service will be ineffectual or the welfare of the child requires that the child be brought forthwith into the custody of the court; or
(b) A person responsible for the child’s welfare has absconded with the child or concealed the child from a representative of an agency which provides child welfare services,
Ê the court may issue a writ for the attachment of the child’s person, commanding a law enforcement officer or a representative of an agency which provides child welfare services to place the child in protective custody.
(Added to NRS by 1985, 1381; A 1991, 922; 2001, 1259; 2001 Special Session, 49; 2015, 1522; 2017, 674)
NRS 432B.530 Adjudicatory hearing on petition; disposition.
1. An adjudicatory hearing must be held within 30 days after the filing of the petition, unless good cause is shown or the hearing has been continued until a later date pursuant to NRS 432B.513.
2. At the hearing, the court shall inform the parties of the specific allegations in the petition and give them an opportunity to admit or deny them. If the allegations are denied, the court shall hear evidence on the petition.
3. In adjudicatory hearings, all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their attorney must be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when reasonably available.
4. The court may require the child to be present in court at the hearing.
5. If the court finds by a preponderance of the evidence that the child was in need of protection at the time of the removal of the child from the home, it shall record its findings of fact and may proceed immediately or at another hearing held within 15 working days, to make a proper disposition of the case. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and, if the child is in protective custody, order the immediate release of the child.
6. The findings of fact recorded by the court pursuant to subsection 5 and any specific allegations in the petition admitted to by the parties must be included as part of the disposition of the case in the report required to be made to the Central Registry pursuant to NRS 432B.310.
(Added to NRS by 1985, 1382; A 2001, 1703, 1846; 2003, 87; 2013, 2879)
NRS 432B.540 Report by agency which provides child welfare services; plan for placement of child.
1. If the court finds that the allegations of the petition are true, it shall order that a report be made in writing by an agency which provides child welfare services, concerning:
(a) Except as otherwise provided in paragraph (b), the conditions in the child’s place of residence, the child’s record in school, the mental, physical and social background of the family of the child, its financial situation and other matters relevant to the case; or
(b) If the child was delivered to a provider of emergency services pursuant to NRS 432B.630, any matters relevant to the case.
2. If the agency believes that it is necessary to remove the child from the physical custody of the child’s parents, it must submit with the report a plan designed to achieve a placement of the child in a safe setting as near to the residence of the parent as is consistent with the best interests and special needs of the child. The plan must include, without limitation:
(a) A description of the type, safety and appropriateness of the home or institution in which the child could be placed, including, without limitation, a statement that the home or institution would comply with the provisions of NRS 432B.3905, and a plan for ensuring that the child would receive safe and proper care and a description of the needs of the child;
(b) A description of the services to be provided to the child and to a parent to facilitate the return of the child to the custody of the parent or to ensure the permanent placement of the child;
(c) The appropriateness of the services to be provided under the plan; and
(d) A description of how the order of the court will be carried out.
(Added to NRS by 1985, 1382; A 1995, 362; 1999, 2039; 2001, 1260, 1846; 2001 Special Session, 50; 2003, 236; 2007, 1006)
NRS 432B.550 Determination of custody and placement of child by court; retention of certain rights by parent when child placed other than with parent; determination of whether agency which provides child welfare services has made reasonable efforts required.
1. If the court finds that a child is in need of protection, it may, by its order, after receipt and review of the report from the agency which provides child welfare services:
(a) Permit the child to remain in the temporary or permanent custody of the parents of the child or a guardian with or without supervision by the court or a person or agency designated by the court, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;
(b) Place the child in the temporary or permanent custody of a relative, a fictive kin or other person the court finds suitable to receive and care for the child with or without supervision, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe; or
(c) Place the child in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services or a private agency or institution licensed by the Department of Health and Human Services or a county whose population is 100,000 or more to care for such a child.
Ê In carrying out this subsection, the court may, in its sole discretion and in compliance with the requirements of chapter 159A of NRS, consider an application for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.
2. If, pursuant to subsection 1, a child is placed other than with a parent:
(a) The parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of the rights of the parent.
(b) The court shall set forth good cause why the child was placed other than with a parent.
3. If, pursuant to subsection 1, the child is to be placed with a relative or fictive kin, the court may consider, among other factors, whether the child has resided with a particular relative or fictive kin for 3 years or more before the incident which brought the child to the court’s attention.
4. Except as otherwise provided in this subsection, a copy of the report prepared for the court by the agency which provides child welfare services must be sent to the custodian and the parent or legal guardian. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630:
(a) The parent who delivered the child to the provider shall be deemed to have waived his or her right to a copy of the report; and
(b) A copy of the report must be sent to the parent who did not deliver the child to the provider, if the location of such parent is known.
5. In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of the parents of the child or guardian:
(a) It must be presumed to be in the best interests of the child to be placed together with the siblings of the child.
(b) Preference must be given to placing the child in the following order:
(1) With any person related within the fifth degree of consanguinity to the child or a fictive kin, and who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State.
(2) In a foster home that is licensed pursuant to chapter 424 of NRS.
6. Any search for a relative with whom to place a child pursuant to this section must be completed within 1 year after the initial placement of the child outside of the home of the child. If a child is placed with any person who resides outside of this State, the placement must be in accordance with NRS 127.330.
7. Within 60 days after the removal of a child from the home of the child, the court shall:
(a) Determine whether:
(1) The agency which provides child welfare services has made the reasonable efforts required by paragraph (a) of subsection 1 of NRS 432B.393; or
(2) No such efforts are required in the particular case; and
(b) Prepare an explicit statement of the facts upon which its determination is based.
8. As used in this section, “fictive kin” means a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child.
(Added to NRS by 1985, 1383; A 1987, 1195; 1991, 1183, 1359, 1936; 1993, 468; 1999, 2040; 2001, 1261, 1847; 2001 Special Session, 51; 2003, 236; 2005, 2096; 2005, 22nd Special Session, 47; 2009, 216; 2011, 255; 2017, 675, 900)
NRS 432B.553 Plan for permanent placement of child.
1. An agency that obtains legal custody of a child pursuant to NRS 432B.550 shall:
(a) Adopt a plan for the permanent placement of the child for review by the court at a hearing conducted pursuant to NRS 432B.590; and
(b) Make reasonable efforts to finalize the permanent placement of the child in accordance with the plan adopted pursuant to paragraph (a). The provisions of subsections 4, 5 and 6 of NRS 432B.393 shall be deemed to apply to the reasonable efforts required by this paragraph.
2. If the child is not residing in the home of the child and has been in foster care for 14 or more of the immediately preceding 20 months, the agency shall include the termination of parental rights to the child in the plan for the permanent placement of the child, unless the agency determines that:
(a) The child is in the care of a relative;
(b) The plan for the child requires the agency to make reasonable efforts pursuant to NRS 432B.393 to reunify the family of the child, and the agency has not provided to the family, consistently within the period specified in the plan for the child, such services as the agency deems necessary for the safe return of the child to the home of the child; or
(c) There are compelling reasons, which are documented in the plan for the child, for concluding that the filing of a petition to terminate parental rights to the child would not be in the best interests of the child.
(Added to NRS by 2001, 1839)
NRS 432B.555 Restriction on release of child to custodial parent or guardian who has been convicted of abuse, neglect or endangerment of child. In any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, if the court determines that a custodial parent or guardian of a child who has been placed in protective custody has ever been convicted of a violation of NRS 200.508, the court shall not release the child to that custodial parent or guardian unless the court finds by clear and convincing evidence presented at the proceeding that no physical or psychological harm to the child will result from the release of the child to that parent or guardian.
(Added to NRS by 1995, 805; A 2001, 1848; 2003, 592)
NRS 432B.560 Additional orders by court: Treatment; conduct; visitation; support. [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.]
1. The court may also order:
(a) The child, a parent or the guardian to undergo such medical, psychiatric, psychological, or other care or treatment as the court considers to be in the best interests of the child.
(b) A parent or guardian to refrain from:
(1) Any harmful or offensive conduct toward the child, the other parent, the custodian of the child or the person given physical custody of the child; and
(2) Visiting the child if the court determines that the visitation is not in the best interest of the child.
(c) A reasonable right of visitation for a grandparent of the child if the child is not permitted to remain in the custody of the parents of the child.
(d) Tests for the typing of blood or taking of specimens for genetic identification of the child, the natural mother of the child or the alleged father of the child pursuant to NRS 126.121.
2. The court shall order a parent or guardian to pay to the custodian an amount sufficient to support the child while the child is in the care of the custodian pursuant to an order of the court, unless the child was delivered to a provider of emergency services pursuant to NRS 432B.630. Payments for the obligation of support must be determined in accordance with NRS 125B.070 and 125B.080, but must not exceed the reasonable cost of the child’s care, including food, shelter, clothing, medical care and education. An order for support made pursuant to this subsection must:
(a) Require that payments be made to the appropriate agency or office;
(b) Provide that the custodian is entitled to a lien on the obligor’s property in the event of nonpayment of support; and
(c) Provide for the immediate withholding of income for the payment of support unless:
(1) All parties enter into an alternative written agreement; or
(2) One party demonstrates and the court finds good cause to postpone the withholding.
3. A court that enters an order pursuant to subsection 2 shall ensure that the social security number of the parent or guardian who is the subject of the order is:
(a) Provided to the Division of Welfare and Supportive Services of the Department of Health and Human Services.
(b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.
(Added to NRS by 1985, 1383; A 1987, 1196; 1991, 1339; 1993, 543; 1997, 2267; 1999, 2685; 2001, 1262; 2017, 677, 1014)
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.]
1. The court may also order:
(a) The child, a parent or the guardian to undergo such medical, psychiatric, psychological, or other care or treatment as the court considers to be in the best interests of the child.
(b) A parent or guardian to refrain from:
(1) Any harmful or offensive conduct toward the child, the other parent, the custodian of the child or the person given physical custody of the child; and
(2) Visiting the child if the court determines that the visitation is not in the best interest of the child.
(c) A reasonable right of visitation for a grandparent of the child if the child is not permitted to remain in the custody of the parents of the child.
(d) Tests for the typing of blood or taking of specimens for genetic identification of the child, the natural mother of the child or the alleged father of the child pursuant to NRS 126.121.
2. The court shall order a parent or guardian to pay to the custodian an amount sufficient to support the child while the child is in the care of the custodian pursuant to an order of the court, unless the child was delivered to a provider of emergency services pursuant to NRS 432B.630. Payments for the obligation of support must be determined in accordance with the guidelines established by the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.620, but must not exceed the reasonable cost of the child’s care, including food, shelter, clothing, medical care and education. An order for support made pursuant to this subsection must:
(a) Require that payments be made to the appropriate agency or office;
(b) Provide that the custodian is entitled to a lien on the obligor’s property in the event of nonpayment of support; and
(c) Provide for the immediate withholding of income for the payment of support unless:
(1) All parties enter into an alternative written agreement; or
(2) One party demonstrates and the court finds good cause to postpone the withholding.
3. A court that enters an order pursuant to subsection 2 shall ensure that the social security number of the parent or guardian who is the subject of the order is:
(a) Provided to the Division of Welfare and Supportive Services of the Department of Health and Human Services.
(b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.
(Added to NRS by 1985, 1383; A 1987, 1196; 1991, 1339; 1993, 543; 1997, 2267; 1999, 2685; 2001, 1262; 2017, 677, 1014, 2291, 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.
1. A motion for revocation or modification of an order issued pursuant to NRS 432B.550 or 432B.560 may be filed by the custodian of the child, the governmental organization or person responsible for supervising the care of the child, the guardian ad litem of the child or a parent or guardian. Notice of this motion must be given by registered or certified mail to all parties of the adjudicatory hearing, the custodian and the governmental organization or person responsible for supervising the care of the child.
2. The court shall hold a hearing on the motion and may dismiss the motion or revoke or modify any order as it determines is in the best interest of the child.
(Added to NRS by 1985, 1383)
NRS 432B.580 Semiannual review 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.]
1. Except as otherwise provided in this section and NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually, and within 90 days after a request by a party to any of the prior proceedings. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.
2. An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes:
(a) An evaluation of the progress of the child and the family of the child and any recommendations for further supervision, treatment or rehabilitation.
(b) Information concerning the placement of the child in relation to the child’s siblings, including, without limitation:
(1) Whether the child was placed together with the siblings;
(2) Any efforts made by the agency to have the child placed together with the siblings;
(3) Any actions taken by the agency to ensure that the child has contact with the siblings; and
(4) If the child is not placed together with the siblings: