Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE38 PUBLIC WELFARE |
CHAPTER432B. Protection of Children From Abuse and Neglect |
GENERAL PROVISIONS |
NRS 432B.010. Definitions. |
NRS 432B.020. “Abuse or neglect of a child” defined. |
NRS 432B.030. “Agency which provides child welfare services” defined. |
NRS 432B.035. “Central Registry” defined. |
NRS 432B.040. “Child” defined. |
NRS 432B.042. “Child protective services” defined. |
NRS 432B.044. “Child welfare services” defined. |
NRS 432B.050. “Court” defined. |
NRS 432B.060. “Custodian” defined. |
NRS 432B.065. “Division of Child and Family Services” defined. |
NRS 432B.067. “Indian child” defined. |
NRS 432B.068. “Indian Child Welfare Act” defined. |
NRS 432B.069. “Information maintained by an agency which provides child welfare services” defined. |
NRS 432B.070. “Mental injury” defined. |
NRS 432B.080. “Parent” defined. |
NRS 432B.090. “Physical injury” defined. |
NRS 432B.100. “Sexual abuse” defined. |
NRS 432B.110. “Sexual exploitation” defined. |
NRS 432B.121. Definition of when person has “reasonable cause to believe” and when person acts “as soon as reasonably practicable.” |
NRS 432B.130. Persons responsible for child’s welfare. |
NRS 432B.135. Child in custody of agency which provides child welfare services deemed homeless in certain circumstances. |
NRS 432B.140. Negligent treatment or maltreatment. |
NRS 432B.150. Excessive corporal punishment may constitute abuse or neglect. |
NRS 432B.153. Presumptions concerning custody and visitation when parent of child is convicted of first degree murder of other parent of child. |
NRS 432B.157. Presumption concerning custody when court determines that parent or other person seeking custody of child is perpetrator of domestic violence. |
NRS 432B.159. Presumption concerning custody and visitation when parent or other person seeking custody of child is perpetrator of any act of abduction against the child. |
NRS 432B.160. Immunity from civil or criminal liability; presumption. |
NRS 432B.165. Authority of agency which provides child welfare services and other entities to provide information to assist in locating a missing child; information not confidential. |
NRS 432B.170. Authority of agency which provides child welfare services to share information with state or local agencies. |
NRS 432B.175. Availability of data or information regarding fatality or near fatality of child who is subject of report of abuse or neglect; limitation on disclosure; regulations. |
ADMINISTRATION |
General Provisions |
NRS 432B.180. Duties of Division of Child and Family Services. |
NRS 432B.190. Regulations to be adopted by Division of Child and Family Services. |
NRS 432B.198. Employment with agency which provides child welfare services: Background investigation required; periodic additional investigations. |
NRS 432B.199. Employment with agency which provides child welfare services: Termination of employee charged with or convicted of certain crimes; correction of information. |
NRS 432B.200. Toll-free telephone number for reports of abuse or neglect. |
NRS 432B.210. State, political subdivisions and agencies to cooperate with agencies which provide child welfare services. |
NRS 432B.215. Acquisition and use of information concerning probationers and parolees. |
Corrective Action, Improvement Plans and Incentive Payments |
NRS 432B.217. Application by agency which provides child welfare services for incentive payment in subsequent years; approval of application; amount of subsequent incentive payment. |
NRS 432B.2175. Agency which provides child welfare services that receives incentive payment to submit report to Division of Child and Family Services demonstrating percentage of goal achieved. |
NRS 432B.218. Annual report to Governor and Legislature concerning achievement of specific performance targets in improvement plans and specific goals established to receive incentive payment. |
Grants to Agency Which Provides Child Welfare Services |
NRS 432B.2185. Block grant awarded to agency which provides child welfare services in county whose population is 100,000 or more; amount and use of block grant. |
NRS 432B.219. Categorical grants for adoption assistance programs; determination of amount; restrictions on use. |
REPORTS OF ABUSE OR NEGLECT; REPORTS OF PRENATAL ILLEGAL SUBSTANCE ABUSE |
NRS 432B.225. Attorney prohibited from reporting abuse or neglect of child in certain circumstances. |
NRS 432B.230. Method of making report; contents. |
NRS 432B.240. Penalty for failure to make report. |
NRS 432B.250. Persons required to report prohibited from invoking certain privileges. |
NRS 432B.255. Admissibility of evidence. |
NRS 432B.260. Action upon receipt of report; agency which provides child welfare services required to inform person named in report of allegation of abuse or neglect if report is investigated. |
NRS 432B.270. Interview of child and sibling of child concerning possible abuse or neglect; photographs, X rays and medical tests. |
NRS 432B.280. Confidentiality of information maintained by an agency which provides child welfare services; exceptions; penalty. |
NRS 432B.300. Determinations to be made from investigation of report. |
NRS 432B.315. Written notification of substantiated report to person responsible for child’s welfare. |
NRS 432B.317. Administrative appeal of substantiated report; hearing. |
NRS 432B.320. Waiver of full investigation of report. |
PROTECTIVE SERVICES AND CUSTODY |
NRS 432B.326. Payment of assessment for provision of child protective services by county whose population is less than 100,000; exemption. |
NRS 432B.327. Division of Child and Family Services to submit certain reports concerning budgets for child protective services to Governor, certain counties and Legislative Commission. |
NRS 432B.330. Circumstances under which child is or may be in need of protection. |
NRS 432B.340. Determination that child needs protection but is not in imminent danger. |
NRS 432B.350. Teams for protection of child. |
NRS 432B.360. Voluntary placement of child with agency or institution; regulations. |
NRS 432B.370. Determination that child is not in need of protection. |
NRS 432B.380. Referral of case to district attorney for criminal prosecution; recommendation to file petition. |
NRS 432B.390. Placement of child in protective custody. |
NRS 432B.3905. Limitations on transfer and placement of child who is under 6 years of age; notice. |
NRS 432B.396. Establishment of panel to evaluate extent to which agencies which provide child welfare services are effectively discharging their responsibilities; regulations; civil penalties. |
NRS 432B.397. Inquiry to determine whether child is Indian child; report to court; training regarding requirements of Indian Child Welfare Act. |
NRS 432B.400. Temporary detention of child by physician or person in charge of hospital or similar institution. |
CHILD DEATH REVIEW TEAMS |
NRS 432B.403. Purpose of organizing child death review teams. |
NRS 432B.405. Organization of child death review teams. |
NRS 432B.406. Composition of child death review teams. |
NRS 432B.407. Information available to child death review teams; sharing of certain information; subpoena to obtain information; confidentiality of information. |
NRS 432B.4075. Authority of Administrator to organize multidisciplinary team to oversee review conducted by child death review team; access to information and privileges. |
NRS 432B.408. Executive Committee to Review the Death of Children to review report of child death review team. |
NRS 432B.409. Establishment, composition and duties of Executive Committee to Review the Death of Children; creation of and use of money in Review of Death of Children Account. |
NRS 432B.4095. Civil penalty for disclosure of confidential information; authority to bring action; deposit of money. |
CIVIL PROCEEDINGS |
General Provisions |
NRS 432B.410. Exclusive original jurisdiction; action does not preclude prosecution. |
NRS 432B.425. Notification of tribe if proceedings involve Indian child; transfer of proceedings to Indian child’s tribe; exercise of jurisdiction by court. |
NRS 432B.430. Restriction on admission of persons to proceedings. |
NRS 432B.435. Presentation of evidence of child’s previous sexual conduct prohibited; exception. |
NRS 432B.440. Assistance by agency which provides child welfare services. |
NRS 432B.450. Expert testimony raising presumption of need for protection of child. |
NRS 432B.451. Qualified expert witness required in proceeding to place Indian child in foster care. |
NRS 432B.455. Determination of appropriate person to take custody of child: Appointment and duties of special master. |
NRS 432B.459. Provision of copy of sound recording or transcript of proceeding to parent or guardian; fees. |
NRS 432B.460. Courts not deprived of right to determine custody or guardianship. |
NRS 432B.465. Full faith and credit to judicial proceedings of Indian tribe. |
NRS 432B.4655. Joinder of governmental entity or other person to certain proceedings to enforce legal obligation of such entity or person. |
Permanent Placement With Guardian |
NRS 432B.466. Petition for appointment of guardian; notice. |
NRS 432B.4665. Appointment of guardian; powers and duties of and limitations on guardian; effect of guardianship; length of guardianship. |
NRS 432B.467. Consideration of evidence in determining whether to appoint guardian; right of visitation to certain persons. |
NRS 432B.4675. Effect of entry of final order establishing guardianship. |
NRS 432B.468. Enforcement, modification and termination of guardianship; appointment of successor guardian. |
Person Legally Responsible for Psychiatric Care of Child |
NRS 432B.4681. Definitions. |
NRS 432B.4682. “Person professionally qualified in the field of psychiatric mental health” defined. |
NRS 432B.4683. “Psychiatric care” defined. |
NRS 432B.4684. Nomination; person nominated deemed to be person who is legally responsible pending court approval; petition to appoint nominee; persons authorized to be nominated or appointed. |
NRS 432B.4685. Persons eligible for court appointment. |
NRS 432B.4686. Responsibilities and duties. |
NRS 432B.4687. Considerations for approval of administration of psychotropic medication to child; written consent for administration of such medication or notice of denial; other required approval. |
NRS 432B.4688. Administration of psychotropic medication to child allowed only in accordance with consent; quarterly review of records of child. |
NRS 432B.4689. Administration of psychotropic medication without consent authorized under certain circumstances. |
NRS 432B.469. Agency which provides child welfare services retains responsibility for health and well-being of child in its custody. |
Hearing on Protective Custody |
NRS 432B.470. Hearing required; notice. |
NRS 432B.480. Hearing: Court required to advise parties of rights; determinations by court; order to continue custody or release child. |
NRS 432B.490. Procedure following hearing or investigation. |
Hearing on Need of Protection for Child |
NRS 432B.500. Appointment of guardian ad litem after filing of petition. |
NRS 432B.505. Qualifications of special advocate for appointment as guardian ad litem. |
NRS 432B.510. Execution and contents of petition; representation of interests of public. |
NRS 432B.513. Copy of report or information required to be provided to parent or guardian before certain proceedings. |
NRS 432B.515. Electronic filing of certain petitions and reports. |
NRS 432B.530. Adjudicatory hearing on petition; disposition. |
NRS 432B.540. Report by agency which provides child welfare services; plan for placement of child. |
NRS 432B.553. Plan for permanent placement of child. |
NRS 432B.555. Restriction on release of child to custodial parent or guardian who has been convicted of abuse, neglect or endangerment of child. |
NRS 432B.560. Additional orders by court: Treatment; conduct; visitation; support. |
NRS 432B.570. Motion for revocation or modification of order. |
NRS 432B.580. Semiannual review by court of placement of child. |
NRS 432B.585. Appointment of panel to conduct semiannual review. |
NRS 432B.590. Annual hearing on disposition of case; when presumption that best interests of child will be served by termination of parental rights arises. |
CONTINUATION OF JURISDICTION OF COURT OVER CHILD WHO REACHES 18 YEARS OF AGE WHILE IN CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE SERVICES |
NRS 432B.591. “Child” defined. |
NRS 432B.592. Court to refer child to attorney for counsel regarding continuation of jurisdiction. |
NRS 432B.595. Written plan to assist child to transition to independent living; duties of agency which provides child welfare services during period that court retains jurisdiction. |
ADVISORY BOARDS TO EXPEDITE PROCEEDINGS FOR PLACEMENT OF CHILDREN |
NRS 432B.602. Rural Advisory Board to Expedite Proceedings for Placement of Children: Creation; terms; vacancies; members serve without compensation; duties. |
NRS 432B.604. Local advisory boards to expedite proceedings for placement of children: Creation; members; terms; vacancies; members serve without compensation; duties. |
NRS 432B.606. Referral of case by court to local advisory board. |
COURT-ORDERED ADMISSION OF CERTAIN CHILDREN WITH EMOTIONAL DISTURBANCE TO CERTAIN FACILITIES |
NRS 432B.607. Definitions. |
NRS 432B.6071. “Child with an emotional disturbance” defined. |
NRS 432B.60715. “Court-ordered admission of a child” defined. |
NRS 432B.6072. “Facility” defined. |
NRS 432B.6073. “Person professionally qualified in the field of psychiatric mental health” defined. |
NRS 432B.6074. “Treatment” defined. |
NRS 432B.6075. Petition: Filing; certificate or statement of alleged emotional disturbance. |
NRS 432B.6076. Findings and order; alternative courses of treatment. |
NRS 432B.6078. Provision of information and assistance to child; second examination of child. |
NRS 432B.6079. Considerations for court in issuing or renewing order. |
NRS 432B.608. Expiration and renewal of admission. |
NRS 432B.6081. Plan for continued care, treatment and training of child upon discharge. |
NRS 432B.6082. Personal rights. |
NRS 432B.6083. Conditional release: No liability of State; notice to court and attorney of agency; order to return to facility; judicial review of order to return to facility. |
NRS 432B.6084. Release without further order of court; early release. |
SEXUAL ABUSE OR SEXUAL EXPLOITATION OF CHILDREN UNDER AGE OF 18 YEARS |
NRS 432B.610. Training of certain peace officers for detection and investigation of and response to cases of sexual abuse or sexual exploitation of children; regulations. |
NRS 432B.620. Certification of peace officers who regularly investigate cases of sexual abuse or sexual exploitation of children; regulations. |
KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM |
NRS 432B.621. “Program” defined. |
NRS 432B.623. Qualifications for assistance pursuant to Program; placement of sibling of child who is eligible for assistance. |
NRS 432B.624. Required provisions in agreement for assistance entered into pursuant to Program; eligibility for federal assistance for adoption not affected by such agreement. |
NRS 432B.625. Background checks required before entering into agreement with relative for assistance pursuant to Program. |
NRS 432B.626. Agency which provides child welfare services to include certain information in case plan of child whose legal guardian receives assistance pursuant to Program. |
MISCELLANEOUS PROVISIONS |
NRS 432B.630. Delivery of newborn child to provider of emergency services. |
NRS 432B.640. Assessment of child who may need counseling as result of battery that constitutes domestic violence; provision of evaluation or counseling. |
TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF CHILDREN |
NRS 432B.700. Creation; membership. [Effective through June 30, 2014.] |
NRS 432B.710. Election of Chair and Vice Chair; meetings; quorum; compensation; vacancies. [Effective through June 30, 2014.] |
NRS 432B.720. Recommendations of Task Force. [Effective through June 30, 2014.] |
NRS 432B.730. Recommendations for legislation; final report. [Effective through June 30, 2014.] |
Note
NOTE: Section 1.5 of ch. 253, Statutes of Nevada 2013, at page 1085, has been codified as NRS 439B.227.