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.160 Immunity from civil or criminal liability; presumption.

NRS 432B.170 Authority of agency which provides child welfare services to share information with state or local agencies.

ADMINISTRATION

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. [Effective through June 30, 2006.]

NRS 432B.190 Regulations to be adopted by Division of Child and Family Services. [Effective July 1, 2006.]

NRS 432B.195 Agency which provides child welfare services required to provide training to certain employees concerning rights of certain persons responsible for child’s welfare; employees not required or authorized to offer legal advice, legal assistance or legal interpretation of state or federal laws. [Effective July 1, 2006.]

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.

REPORTS OF ABUSE OR NEGLECT; REPORTS OF PRENATAL ILLEGAL SUBSTANCE ABUSE

NRS 432B.220 Persons required to make report; when and to whom reports are required; any person may make report; report and written findings if reasonable cause to believe death of child caused by abuse or neglect.

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; photographs, X rays and medical tests.

NRS 432B.280 Confidentiality of reports and of records concerning reports and investigations; penalty.

NRS 432B.290 Release of data or information concerning reports and investigations; penalty; regulations.

NRS 432B.300 Determinations to be made by investigation of report.

NRS 432B.310 Report to Central Registry of abuse or neglect required upon completion of investigation; report to Central Registry of prenatal illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure only required if child has been abused or neglected.

NRS 432B.320 Waiver of full investigation of report.

PROTECTIVE SERVICES AND CUSTODY

NRS 432B.325 County whose population is 100,000 or more to provide protective services for children in county.

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.391 Agency which provides child welfare services or designee authorized to conduct preliminary Federal Bureau of Investigation name-based check of background of adult resident of home in which child will be placed in emergency situation; person investigated to supply fingerprints; exchange of information; removal of child from home upon refusal to supply fingerprints.

NRS 432B.393 Preservation and reunification of family of child to prevent or eliminate need for removal from home before placement in foster care and to make safe return to home possible; determining whether reasonable efforts have been made.

NRS 432B.395 Plan of efforts to prevent or eliminate need for removal of child from home and to make safe return to home possible.

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.

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.408 Administrative team 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.

CIVIL PROCEEDINGS

General Provisions

NRS 432B.410 Exclusive original jurisdiction; action does not preclude prosecution.

NRS 432B.420 Right of parent or other responsible person to representation by attorney; authority of court to appoint attorney to represent child; authority and rights of child’s attorney; compensation of attorney; appointment of attorney as guardian ad litem.

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.440 Assistance by agency which provides child welfare services.

NRS 432B.450 Expert testimony raising presumption of need for protection of child.

NRS 432B.451 Qualified expert witness required in proceeding to place Indian child in foster care.

NRS 432B.455 Determination of appropriate person to take custody of child: Appointment and duties of special master.

NRS 432B.457 Determination of appropriate person to take custody of child: Involvement in and notification of person with special interest in child; testimony by person with special interest in child.

NRS 432B.459 Provision of copy of sound recording or transcript of proceeding to parent or guardian; fees.

NRS 432B.460 Courts not deprived of right to determine custody or guardianship.

NRS 432B.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.

Hearing on Protective Custody

NRS 432B.470 Hearing required; notice.

NRS 432B.480 Court to advise parties of rights; court to make determinations concerning welfare and best interests of child; order to continue custody or release child.

NRS 432B.490 Procedure following hearing or investigation.

Hearing on Need of Protection for Child

NRS 432B.500 Appointment of guardian ad litem after filing of petition.

NRS 432B.505 Qualifications of special advocate for appointment as guardian ad litem.

NRS 432B.510 Execution and contents of petition; representation of interests of public.

NRS 432B.513 Copy of report or information required to be provided to parent or guardian before certain proceedings.

NRS 432B.515 Electronic filing of certain petitions and reports.

NRS 432B.520 Issuance of summons; authorizing the assumption of custody by court and removal of child from certain conditions; authorizing the attachment of child and placement of child in protective custody.

NRS 432B.530 Adjudicatory hearing on petition; disposition.

NRS 432B.540 Report by agency which provides child welfare services; plan for placement of child.

NRS 432B.550 Determination of custody of child by court; determination of whether agency which provides child welfare services has made reasonable efforts required.

NRS 432B.553 Plan for permanent placement of child.

NRS 432B.555 Restriction on release of child to custodial parent or guardian who has been convicted of abuse, neglect or endangerment of child.

NRS 432B.560 Additional orders by court: Treatment; conduct; visitation; support.

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.

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. [Effective upon the Division of Child and Family Services of the Department of Health and Human Services being notified of the creation of three or more local advisory boards to expedite proceedings for the placement of children pursuant to NRS 432B.604.]

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 EMOTIONALLY DISTURBED CHILDREN TO CERTAIN FACILITIES

NRS 432B.607 Definitions.

NRS 432B.6071 “Emotionally disturbed child” defined.

NRS 432B.6072 “Facility” defined.

NRS 432B.6073 “Person professionally qualified in the field of psychiatric mental health” defined.

NRS 432B.6074 “Treatment” defined.

NRS 432B.6075 Petition: Filing; certificate or statement of alleged emotional disturbance.

NRS 432B.6076 Findings and order; alternative courses of treatment.

NRS 432B.6077 Petition required before child may be placed in facility other than under emergency admission; psychological examination of child required under certain circumstances; placement in less restrictive environment; any person may oppose petition.

NRS 432B.6078 Provision of information and assistance to child; second examination of child.

NRS 432B.6079 Considerations for court in issuing or renewing order.

NRS 432B.608 Expiration and renewal of admission.

NRS 432B.6081 Plan for continued care, treatment and training of child upon discharge.

NRS 432B.6082 Personal rights.

NRS 432B.6083 Conditional release: No liability of State; notice to court and attorney of agency; order to return to facility; judicial review of order to return to facility.

NRS 432B.6084 Release without further order of court; early release.

NRS 432B.6085 Children’s rights; application of various provisions of chapter 433 of NRS and all of chapters 433A and 433B of NRS to children in custody of agency which provides child welfare services.

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.

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.

_________

GENERAL PROVISIONS

NRS 432B.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432B.020 to 432B.110, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1985, 1368; A 1991, 1920; 1993, 2705; 1995, 786)

NRS 432B.020 “Abuse or neglect of a child” defined.

1. “Abuse or neglect of a child” means, except as otherwise provided in subsection 2:

(a) Physical or mental injury of a nonaccidental nature;

(b) Sexual abuse or sexual exploitation; or

Ê of a child caused or allowed by a person responsible for his welfare under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.

2. A child is not abused or neglected, nor is his health or welfare harmed or threatened for the sole reason that his:

(a) Parent delivers the child to a provider of emergency services pursuant to NRS 432B.630, if the parent complies with the requirements of paragraph (a) of subsection 3 of that section; or

(b) Parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this State in lieu of medical treatment. This paragraph does not limit the court in ensuring that a child receive a medical examination and treatment pursuant to NRS 62E.280.

3. As used in this section, “allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that a child is abused or neglected.

(Added to NRS by 1985, 1368; A 2001, 1255; 2003, 1149)

NRS 432B.030 “Agency which provides child welfare services” defined. “Agency which provides child welfare services” means:

1. In a county whose population is less than 100,000, the local office of the Division of Child and Family Services; or

2. In a county whose population is 100,000 or more, the agency of the county,

Ê which provides or arranges for necessary child welfare services.

(Added to NRS by 1985, 1369; A 1993, 2705; 2001 Special Session, 34)

NRS 432B.040 “Child” defined. “Child” means a person under the age of 18 years.

(Added to NRS by 1985, 1369)

NRS 432B.044 “Child welfare services” defined. “Child welfare services” includes, without limitation:

1. Protective services, including, without limitation, investigations of abuse or neglect and assessments;

2. Foster care services, including, without limitation, maintenance and special services, as defined in NRS 432.010; and

3. Services related to adoption.

(Added to NRS by 2001 Special Session, 34)

NRS 432B.050 “Court” defined. “Court” has the meaning ascribed to it in NRS 62A.180.

(Added to NRS by 1985, 1369; A 1991, 2186; 2003, 1149)

NRS 432B.060 “Custodian” defined. “Custodian” means a person or a governmental organization, other than a parent or legal guardian, who has been awarded legal custody of a child.

(Added to NRS by 1985, 1369)

NRS 432B.065 “Division of Child and Family Services” defined. “Division of Child and Family Services” means the Division of Child and Family Services of the Department of Health and Human Services.

(Added to NRS by 1993, 2705)

NRS 432B.067 “Indian child” defined. “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

(Added to NRS by 1995, 786)

NRS 432B.068 “Indian Child Welfare Act” defined. “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.).

(Added to NRS by 1995, 786)

NRS 432B.070 “Mental injury” defined. “Mental injury” means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of his ability to function within his normal range of performance or behavior.

(Added to NRS by 1985, 1369)

NRS 432B.080 “Parent” defined. “Parent” means a natural or adoptive parent whose parental rights have not been terminated.

(Added to NRS by 1985, 1369)

NRS 432B.090 “Physical injury” defined. “Physical injury” includes, without limitation:

1. A sprain or dislocation;

2. Damage to cartilage;

3. A fracture of a bone or the skull;

4. An intracranial hemorrhage or injury to another internal organ;

5. A burn or scalding;

6. A cut, laceration, puncture or bite;

7. Permanent or temporary disfigurement; or

8. Permanent or temporary loss or impairment of a part or organ of the body.

(Added to NRS by 1985, 1369; A 1997, 848)

NRS 432B.100 “Sexual abuse” defined. “Sexual abuse” includes acts upon a child constituting:

1. Incest under NRS 201.180;

2. Lewdness with a child under NRS 201.230;

3. Sado-masochistic abuse under NRS 201.262;

4. Sexual assault under NRS 200.366;

5. Statutory sexual seduction under NRS 200.368;

6. Open or gross lewdness under NRS 201.210; and

7. Mutilation of the genitalia of a female child, aiding, abetting, encouraging or participating in the mutilation of the genitalia of a female child, or removal of a female child from this State for the purpose of mutilating the genitalia of the child under NRS 200.5083.

(Added to NRS by 1985, 1369; A 1991, 54; 1997, 677; 2003, 1396)

NRS 432B.110 “Sexual exploitation” defined. “Sexual exploitation” includes forcing, allowing or encouraging a child:

1. To solicit for or engage in prostitution;

2. To view a pornographic film or literature; and

3. To engage in:

(a) Filming, photographing or recording on videotape; or

(b) Posing, modeling, depiction or a live performance before an audience,

Ê which involves the exhibition of a child’s genitals or any sexual conduct with a child, as defined in NRS 200.700.

(Added to NRS by 1985, 1369)

NRS 432B.121 Definition of when person has “reasonable cause to believe” and when person acts “as soon as reasonably practicable.” For the purposes of this chapter, a person:

1. Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

2. Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.

(Added to NRS by 1999, 3526)

NRS 432B.130 Persons responsible for child’s welfare. A person is responsible for a child’s welfare under the provisions of this chapter if he is the child’s parent, guardian, a stepparent with whom the child lives, an adult person continually or regularly found in the same household as the child, or a person directly responsible or serving as a volunteer for or employed in a public or private home, institution or facility where the child actually resides or is receiving child care outside of his home for a portion of the day.

(Added to NRS by 1985, 1370; A 1989, 439; 2001 Special Session, 34)

NRS 432B.140 Negligent treatment or maltreatment. Negligent treatment or maltreatment of a child occurs if a child has been abandoned, is without proper care, control and supervision or lacks the subsistence, education, shelter, medical care or other care necessary for the well-being of the child because of the faults or habits of the person responsible for his welfare or his neglect or refusal to provide them when able to do so.

(Added to NRS by 1985, 1370)

NRS 432B.150 Excessive corporal punishment may constitute abuse or neglect. Excessive corporal punishment may result in physical or mental injury constituting abuse or neglect of a child under the provisions of this chapter.

(Added to NRS by 1985, 1370)

NRS 432B.153 Presumptions concerning custody and visitation when parent of child is convicted of first degree murder of other parent of child.

1. The conviction of the parent of a child for murder of the first degree of the other parent of the child creates a rebuttable presumption that sole or joint custody of the child by the convicted parent is not in the best interest of the child. The rebuttable presumption may be overcome only if:

(a) The court determines that:

(1) There is no other suitable guardian for the child;

(2) The convicted parent is a suitable guardian for the child; and

(3) The health, safety and welfare of the child are not at risk; or

(b) The child is of suitable age to signify his assent and assents to the order of the court awarding sole or joint custody of the child to the convicted parent.

2. The conviction of the parent of a child for murder of the first degree of the other parent of the child creates a rebuttable presumption that rights to visitation with the child are not in the best interest of the child and must not be granted if custody is not granted pursuant to subsection 1. The rebuttable presumption may be overcome only if:

(a) The court determines that:

(1) The health, safety and welfare of the child are not at risk; and

(2) It will be beneficial for the child to have visitations with the convicted parent; or

(b) The child is of suitable age to signify his assent and assents to the order of the court awarding rights to visitation with the child to the convicted parent.

3. Until the court makes a determination pursuant to this section, no person may bring the child into the presence of the convicted parent without the consent of the legal guardian or custodian of the child.

(Added to NRS by 1999, 743; A 1999, 2975)

NRS 432B.157 Presumption concerning custody when court determines that parent or other person seeking custody of child is perpetrator of domestic violence.

1. Except as otherwise provided in NRS 125C.210 and 432B.153, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that it is not in the best interest of the child for the perpetrator of the domestic violence to have custody of the child. Upon making such a determination, the court shall set forth:

(a) Findings of fact that support the determination that one or more acts of domestic violence occurred; and

(b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.

2. If after an evidentiary hearing held pursuant to subsection 1 the court determines that more than one party has engaged in acts of domestic violence, it shall, if possible, determine which person was the primary physical aggressor. In determining which party was the primary physical aggressor for the purposes of this section, the court shall consider:

(a) All prior acts of domestic violence involving any of the parties;

(b) The relative severity of the injuries, if any, inflicted upon the persons involved in those prior acts of domestic violence;

(d) Whether, during the prior acts, one of the parties acted in self-defense; and

(e) Any other factors that the court deems relevant to the determination.

Ê In such a case, if it is not possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies to each of the parties. If it is possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies only to the party determined by the court to be the primary physical aggressor.

3. A court, agency, institution or other person who places a child in protective custody shall not release a child to the custody of a person who a court has determined pursuant to subsection 1 has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child unless:

(a) A court determines that it is in the best interest of the child for the perpetrator of the domestic violence to have custody of the child; or

(b) Pursuant to the provisions of subsection 2, the presumption created pursuant to subsection 1 does not apply to the person to whom the court releases the child.

4. As used in this section, “domestic violence” means the commission of any act described in NRS 33.018.

(Added to NRS by 1999, 743)

NRS 432B.160 Immunity from civil or criminal liability; presumption.

1. Except as otherwise provided in subsection 2, immunity from civil or criminal liability extends to every person who in good faith:

(a) Makes a report pursuant to NRS 432B.220;

(b) Conducts an interview or allows an interview to be taken pursuant to NRS 432B.270;

(d) Causes a medical test to be performed pursuant to NRS 432B.270;

(e) Provides a record, or a copy thereof, of a medical test performed pursuant to NRS 432B.270 to an agency which provides child welfare services to the child, a law enforcement agency that participated in the investigation of the report made pursuant to NRS 432B.220 or the prosecuting attorney’s office;

(f) Holds a child pursuant to NRS 432B.400, takes possession of a child pursuant to NRS 432B.630 or places a child in protective custody pursuant to any provision of this chapter;

(g) Performs any act pursuant to subsection 2 of NRS 432B.630;

(h) Refers a case or recommends the filing of a petition pursuant to NRS 432B.380; or

(i) Participates in a judicial proceeding resulting from a referral or recommendation.

2. The provisions of subsection 1 do not confer any immunity from liability for the negligent performance of any act pursuant to paragraph (b) of subsection 2 of NRS 432B.630.

3. In any proceeding to impose liability against a person for:

(a) Making a report pursuant to NRS 432B.220; or

(b) Performing any act set forth in paragraphs (b) to (i), inclusive, of subsection 1,

Ê there is a presumption that the person acted in good faith.

(Added to NRS by 1985, 1378; A 1987, 1154; 1999, 60, 3526; 2001, 1256; 2001 Special Session, 34; 2005, 2031)

NRS 432B.170 Authority of agency which provides child welfare services to share information with state or local agencies. Nothing in the provisions of this chapter or NRS 432.0999 to 432.130, inclusive, prohibits an agency which provides child welfare services from sharing information with other state or local agencies if:

1. The purpose for sharing the information is for the development of a plan for the care, treatment or supervision of a child who has been abused or neglected, or an infant who is born and has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure or of a person responsible for the child’s or infant’s welfare;

2. The other agency has standards for confidentiality equivalent to those of the agency which provides child welfare services; and

3. Proper safeguards are taken to ensure the confidentiality of the information.

(Added to NRS by 1985, 1378; A 2001 Special Session, 35; 2005, 2031)

ADMINISTRATION

NRS 432B.180 Duties of Division of Child and Family Services. The Division of Child and Family Services shall:

1. Administer any money granted to the State by the Federal Government.

2. Plan, coordinate and monitor the delivery of child welfare services provided throughout the State.

3. Provide child welfare services directly or arrange for the provision of those services in a county whose population is less than 100,000.

4. Coordinate its activities with and assist the efforts of any law enforcement agency, a court of competent jurisdiction, an agency which provides child welfare services and any public or private organization which provides social services for the prevention, identification and treatment of abuse or neglect of children and for permanent placement of children.

5. Involve communities in the improvement of child welfare services.

6. Evaluate all child welfare services provided throughout the State and withhold money from any agency providing child welfare services which is not complying with the regulations adopted by the Division of Child and Family Services.

7. Evaluate the plans submitted for approval pursuant to NRS 432B.395.

8. In consultation with each agency which provides child welfare services, request sufficient money for the provision of child welfare services throughout this State.

(Added to NRS by 1985, 1370; A 1987, 1439; 1993, 2705; 2001 Special Session, 35)

NRS 432B.190 Regulations to be adopted by Division of Child and Family Services. [Effective through June 30, 2006.] The Division of Child and Family Services shall, in consultation with each agency which provides child welfare services, adopt:

1. Regulations establishing reasonable and uniform standards for:

(a) Child welfare services provided in this State;

(b) Programs for the prevention of abuse or neglect of a child and the achievement of the permanent placement of a child;

(d) Reports of abuse or neglect, records of these reports and the response to these reports;

(e) Carrying out the provisions of NRS 432B.260, including, without limitation, the qualifications of persons with whom agencies which provide child welfare services enter into agreements to provide services to children and families;

(f) The management and assessment of reported cases of abuse or neglect;

(g) The protection of the legal rights of parents and children;

(h) Emergency shelter for a child;

(i) The prevention, identification and correction of abuse or neglect of a child in residential institutions;

(j) Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395;

(k) Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that sets forth the procedures for taking a child for placement in protective custody and the legal rights of persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding; and

(l) Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child; and

2. Such other regulations as are necessary for the administration of NRS 432B.010 to 432B.606, inclusive.

(Added to NRS by 1985, 1370; A 1987, 1439; 1991, 922; 1993, 2706; 1995, 787; 1997, 2471; 2001, 1700, 1839, 1850; 2001 Special Session, 36; 2003, 236, 251, 650)

NRS 432B.190 Regulations to be adopted by Division of Child and Family Services. [Effective July 1, 2006.] The Division of Child and Family Services shall, in consultation with each agency which provides child welfare services, adopt:

1. Regulations establishing reasonable and uniform standards for:

(a) Child welfare services provided in this State;

(b) Programs for the prevention of abuse or neglect of a child and the achievement of the permanent placement of a child;

(d) Reports of abuse or neglect, records of these reports and the response to these reports;

(f) The management and assessment of reported cases of abuse or neglect;

(g) The protection of the legal rights of parents and children;

(h) Emergency shelter for a child;

(i) The prevention, identification and correction of abuse or neglect of a child in residential institutions;

(j) Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395;

(k) Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that is written in language which is easy to understand, is available in English and in any other language the Division determines is appropriate based on the demographic characteristics of this State and sets forth:

(1) Contact information regarding persons and governmental entities which provide assistance to persons who are responsible for the welfare of children, including, without limitation, persons and entities which provide assistance to persons who are being investigated for allegedly abusing or neglecting a child;

(2) The procedures for taking a child for placement in protective custody; and

(3) The state and federal legal rights of:

(I) A person who is responsible for a child’s welfare and who is the subject of an investigation of alleged abuse or neglect of a child, including, without limitation, the legal rights of such a person at the time an agency which provides child welfare services makes initial contact with the person in the course of the investigation and at the time the agency takes the child for placement in protective custody, and the legal right of such a person to be informed of any allegation of abuse or neglect of a child which is made against the person at the initial time of contact with the person by the agency; and

(II) Persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding; and

(l) Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child; and

2. Such other regulations as are necessary for the administration of NRS 432B.010 to 432B.606, inclusive.

(Added to NRS by 1985, 1370; A 1987, 1439; 1991, 922; 1993, 2706; 1995, 787; 1997, 2471; 2001, 1700, 1839, 1850; 2001 Special Session, 36; 2003, 236, 251, 650; 2005, 2094, effective July 1, 2006)

1. An agency which provides child welfare services shall provide training to each person who is employed by the agency and who provides child welfare services. Such training must include, without limitation, instruction concerning the applicable state and federal constitutional and statutory rights of a person who is responsible for a child’s welfare and who is:

(a) The subject of an investigation of alleged abuse or neglect of a child; or

(b) A party to a proceeding concerning the alleged abuse or neglect of a child pursuant to NRS 432B.410 to 432B.590, inclusive.

2. Nothing in this section shall be construed as requiring or authorizing a person who is employed by an agency which provides child welfare services to offer legal advice, legal assistance or legal interpretation of state or federal statutes or laws.

(Added to NRS by 2005, 2093, effective July 1, 2006)

NRS 432B.200 Toll-free telephone number for reports of abuse or neglect. The Division of Child and Family Services shall establish and maintain a center with a toll-free telephone number to receive reports of abuse or neglect of a child in this State 24 hours a day, 7 days a week. Any reports made to this center must be promptly transmitted to the agency which provides child welfare services in the community where the child is located.

(Added to NRS by 1985, 1371; A 1993, 2706; 2001 Special Session, 36)

NRS 432B.210 State, political subdivisions and agencies to cooperate with agencies which provide child welfare services. An agency which provides child welfare services must receive from the State, any of its political subdivisions or any agency of either, any cooperation, assistance and information it requests in order to fulfill its responsibilities under this chapter and NRS 432.0999 to 432.130, inclusive.

(Added to NRS by 1985, 1379; A 2001 Special Session, 36)

NRS 432B.215 Acquisition and use of information concerning probationers and parolees.

1. An agency which provides child welfare services may request the Division of Parole and Probation of the Department of Public Safety to provide information concerning a probationer or parolee that may assist the agency in carrying out the provisions of this chapter. The Division of Parole and Probation shall provide such information upon request.

2. The agency which provides child welfare services may use the information obtained pursuant to subsection 1 only for the limited purpose of carrying out the provisions of this chapter.

(Added to NRS by 1997, 835; A 2001, 2612; 2001 Special Session, 36; 2003, 236)

REPORTS OF ABUSE OR NEGLECT; REPORTS OF PRENATAL ILLEGAL SUBSTANCE ABUSE

1. Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

(a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and

(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report to a law enforcement agency.

(b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

3. Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

4. A report must be made pursuant to subsection 1 by the following persons:

(a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, clinical social worker, athletic trainer, advanced emergency medical technician or other person providing medical services licensed or certified in this State.

(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital.

(d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession.

(e) A social worker and an administrator, teacher, librarian or counselor of a school.

(f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.

(g) Any person licensed to conduct a foster home.

(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

(i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect.

(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

(k) Any person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, “approved youth shelter” has the meaning ascribed to it in NRS 244.422.

(l) Any adult person who is employed by an entity that provides organized activities for children.

5. A report may be made by any other person.

6. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides child welfare services his written findings. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

(Added to NRS by 1985, 1371; A 1987, 2132, 2220; 1989, 439; 1993, 2229; 1999, 3526; 2001, 780, 1150; 2001 Special Session, 37; 2003, 910, 1211; 2005, 2031)

NRS 432B.230 Method of making report; contents.

1. A person may make a report pursuant to NRS 432B.220 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.

2. The report must contain the following information, if obtainable:

(a) The name, address, age and sex of the child;

(b) The name and address of the child’s parents or other person responsible for his care;

(c) The nature and extent of the abuse or neglect of the child, the effect of prenatal illegal substance abuse on the newborn infant or the nature of the withdrawal symptoms resulting from prenatal drug exposure of the newborn infant;

(d) Any evidence of previously known or suspected:

(1) Abuse or neglect of the child or the child’s siblings; or

(2) Effects of prenatal illegal substance abuse on or evidence of withdrawal symptoms resulting from prenatal drug exposure of the newborn infant;

(e) The name, address and relationship, if known, of the person who is alleged to have abused or neglected the child; and

(f) Any other information known to the person making the report that the agency which provides child welfare services considers necessary.

(Added to NRS by 1985, 1372; A 1999, 3528; 2001 Special Session, 38; 2005, 2033)

NRS 432B.240 Penalty for failure to make report. Any person who knowingly and willfully violates the provisions of NRS 432B.220 is guilty of a misdemeanor.

(Added to NRS by 1985, 1373)

NRS 432B.250 Persons required to report prohibited from invoking certain privileges. Any person who is required to make a report pursuant to NRS 432B.220 may not invoke any of the privileges set forth in chapter 49 of NRS:

1. For his failure to make a report pursuant to NRS 432B.220;

2. In cooperating with an agency which provides child welfare services or a guardian ad litem for a child; or

3. In any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive.

(Added to NRS by 1985, 1378; A 1999, 3528; 2001 Special Session, 38; 2003, 590)

NRS 432B.255 Admissibility of evidence. In any proceeding resulting from a report made or action taken pursuant to the provisions of NRS 432B.220, 432B.230 or 432B.340 or in any proceeding where such report or the contents thereof is sought to be introduced in evidence, such report or contents or any other fact or facts related thereto or to the condition of the child who is the subject of the report shall not be excluded on the ground that the matter would otherwise be privileged against disclosure under chapter 49 of NRS.

(Added to NRS by 1965, 548; A 1971, 804)—(Substituted in revision for NRS 200.506)

NRS 432B.260 Action upon receipt of report; agency which provides child welfare services required to inform person named in report of allegation of abuse or neglect if report is investigated.

1. Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any. A law enforcement agency shall promptly notify an agency which provides child welfare services of any report it receives.

2. Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall immediately initiate an investigation if the report indicates that:

(a) The child is 5 years of age or younger;

(b) There is a high risk of serious harm to the child; or

(c) The child is living in a household in which another child has died, or the child is seriously injured or has visible signs of physical abuse.

3. Except as otherwise provided in subsection 2, upon receipt of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides child welfare services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted. For the purposes of this subsection, an investigation is not warranted if:

(a) The child is not in imminent danger of harm;

(b) The child is not vulnerable as the result of any untreated injury, illness or other physical, mental or emotional condition that threatens his immediate health or safety;

(c) The alleged abuse or neglect of the child or the alleged effect of prenatal illegal substance abuse on or the withdrawal symptoms resulting from prenatal drug exposure of the newborn infant could be eliminated if the child and his family receive or participate in social or health services offered in the community, or both; or

(d) The agency determines that the:

(1) Alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian of the child involving the use of corporal punishment, including, without limitation, spanking or paddling; and

(2) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150.

4. If the agency determines that an investigation is warranted, the agency shall initiate the investigation not later than 3 days after the evaluation is completed.

5. If an agency which provides child welfare services investigates a report of alleged abuse or neglect of a child pursuant to NRS 432B.010 to 432B.400, inclusive, the agency shall inform the person responsible for the child’s welfare who is named in the report as allegedly causing the abuse or neglect of the child of any allegation which is made against the person at the initial time of contact with the person by the agency. The agency shall not identify the person responsible for reporting the alleged abuse or neglect.

6. Except as otherwise provided in this subsection, if the agency determines that an investigation is not warranted, the agency may, as appropriate:

(a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person who has entered into an agreement with the agency to provide those services; or

(b) Conduct an assessment of the family of the child to determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person who has entered into a written agreement with the agency to make such an assessment.

Ê If an agency determines that an investigation is not warranted for the reason set forth in paragraph (d) of subsection 3, the agency shall take no further action in regard to the matter and shall delete all references to the matter from its records.

7. If an agency which provides child welfare services enters into an agreement with a person to provide services to a child or his family pursuant to subsection 6, the agency shall require the person to notify the agency if the child or his family refuse or fail to participate in the services, or if the person determines that there is a serious risk to the health or safety of the child.

8. An agency which provides child welfare services that determines that an investigation is not warranted may, at any time, reverse that determination and initiate an investigation.

9. An agency which provides child welfare services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.

(Added to NRS by 1985, 1373; A 1989, 440; 1997, 2472; 1999, 2910; 2001, 1840, 1850; 2001 Special Session, 39; 2003, 236; 2005, 2034, 2095)

NRS 432B.270 Interview of child; photographs, X rays and medical tests.

1. A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of and outside the presence of any person responsible for the child’s welfare, interview a child concerning any possible abuse or neglect. The child may be interviewed at any place where he is found. The designee shall, immediately after the conclusion of the interview, if reasonably possible, notify a person responsible for the child’s welfare that the child was interviewed, unless the designee determines that such notification would endanger the child.

2. A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of the person responsible for a child’s welfare:

(a) Take or cause to be taken photographs of the child’s body, including the areas of trauma; and

(b) If indicated after consultation with a physician, cause X rays or medical tests to be performed on a child.

3. Upon the taking of any photographs or X rays or the performance of any medical tests pursuant to subsection 2, the person responsible for the child’s welfare must be notified immediately, if reasonably possible, unless the designee determines that the notification would endanger the child. The reasonable cost of these photographs, X rays or medical tests must be paid by the agency which provides child welfare services if money is not otherwise available.

4. Any photographs or X rays taken or records of any medical tests performed pursuant to subsection 2, or any medical records relating to the examination or treatment of a child pursuant to this section, or copies thereof, must be sent to the agency which provides child welfare services, the law enforcement agency participating in the investigation of the report and the prosecuting attorney’s office. Each photograph, X ray, result of a medical test or other medical record:

(a) Must be accompanied by a statement or certificate signed by the custodian of medical records of the health care facility where the photograph or X ray was taken or the treatment, examination or medical test was performed, indicating:

(1) The name of the child;

(2) The name and address of the person who took the photograph or X ray, performed the medical test, or examined or treated the child; and

(3) The date on which the photograph or X ray was taken or the treatment, examination or medical test was performed;

(b) Is admissible in any proceeding relating to the abuse or neglect of the child; and

5. As used in this section, “medical test” means any test performed by or caused to be performed by a provider of health care, including, without limitation, a computerized axial tomography scan and magnetic resonance imaging.

(Added to NRS by 1985, 1373; A 1999, 61; 2001 Special Session, 39)

NRS 432B.280 Confidentiality of reports and of records concerning reports and investigations; penalty.

1. Reports made pursuant to this chapter, as well as all records concerning these reports and investigations thereof, are confidential.

2. Any person, law enforcement agency or public agency, institution or facility who willfully releases data or information concerning such reports and investigations, except:

(a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child;

(b) As otherwise authorized or required pursuant to NRS 432B.290; or

Ê is guilty of a misdemeanor.

(Added to NRS by 1985, 1373; A 1999, 2032; 2001, 1701)

NRS 432B.290 Release of data or information concerning reports and investigations; penalty; regulations.

1. Except as otherwise provided in subsections 2, 5 and 6 and NRS 432B.513, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

(a) A physician, if the physician has before him a child who he has reasonable cause to believe has been abused or neglected;

(b) A person authorized to place a child in protective custody, if the person has before him a child who he has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;

(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

(1) The child; or

(2) The person responsible for the welfare of the child;

(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

(e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

(f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;

(g) The attorney and the guardian ad litem of the child;

(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

(i) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

(j) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;

(k) A team organized pursuant to NRS 432B.350 for the protection of a child;

(l) A team organized pursuant to NRS 432B.405 to review the death of a child;

(m) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

(n) The persons who are the subject of a report;

(o) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

(p) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized, by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:

(1) The identity of the person making the report is kept confidential; and

(2) The officer, Legislator or a member of his family is not the person alleged to have committed the abuse or neglect;

(q) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

(r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency;

(s) The Rural Advisory Board to Expedite Proceedings for the Placement of Children created pursuant to NRS 432B.602 or a local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604;

(t) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services; or

(u) An employer in accordance with subsection 3 of NRS 432.100.

2. Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of a report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:

(a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;

(b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and

3. An agency which provides child welfare services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure is not in the best interests of the child or if disclosure of the information would adversely affect any pending investigation concerning a report.

4. Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.

5. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

(a) A copy of:

(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

6. An agency which provides child welfare services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.

7. Any person, except for:

(a) The subject of a report;

(b) A district attorney or other law enforcement officer initiating legal proceedings; or

(c) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151,

Ê who is given access, pursuant to subsection 1 or 2, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.

8. The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section.

(Added to NRS by 1985, 1374; A 1993, 2706; 1997, 835, 849, 2473, 2476; 1999, 559, 561, 1193, 2033, 2035, 2043, 3529, 3531; 2001, 269, 1701, 1841, 2612; 2001 Special Session, 40; 2003, 236, 251; 2005, 2035)

NRS 432B.300 Determinations to be made by investigation of report. Except as otherwise provided in NRS 432B.260, an agency which provides child welfare services shall investigate each report of abuse or neglect received or referred to it to determine:

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. If there is reasonable cause to believe that a child is abused or neglected, the immediate and long-term risk to the child if he remains in the same environment; and

4. The treatment and services which appear necessary to help prevent further abuse or neglect and to improve his environment and the ability of the person responsible for the child’s welfare to care adequately for him.

(Added to NRS by 1985, 1375; A 1997, 2475; 2001, 1850; 2001 Special Session, 42; 2003, 236)

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, his parents, any other person responsible for his welfare 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 and the severity of the injuries; and

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 prenatal illegal 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.

3. As used in this section, “Central Registry” has the meaning ascribed to it in NRS 432.0999.

(Added to NRS by 1985, 1375; A 1999, 2912; 2001, 212, 1850; 2005, 2037, 2096)

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)

PROTECTIVE SERVICES AND CUSTODY

NRS 432B.325 County whose population is 100,000 or more to provide protective services for children in county. Each county whose population is 100,000 or more shall provide protective services for the children 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.

(Added to NRS by 1987, 1439)

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) He has been abandoned by a person responsible for his welfare;

(b) He has been subjected to abuse or neglect by a person responsible for his welfare;

(c) He is in the care of a person responsible for his welfare and another child has died as a result of abuse or neglect by that person;

(d) He has been placed for care or adoption in violation of law; or

(e) He 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 his welfare:

(a) Is unable to discharge his responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity;

(b) Fails, although he 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; or

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 he is identified as being affected by prenatal illegal substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure.

(Added to NRS by 1985, 1371; A 1991, 52; 1999, 830; 2001, 1256; 2005, 2038)

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 him that the agency has no legal authority to compel him 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 his parents or guardian or that he 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, his 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 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 his temporary placement;

(b) Inform the agency or institution of any change in his address or circumstances; 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 his custody, 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 his physical custody 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 him to the custody of his 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 his 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 he 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 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 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 him 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 in a hospital, if the child needs hospitalization, or in a shelter, which may include a foster home or other home or facility which provides care for those children, but the 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.

7. 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;

(c) Give preference in placement of the child to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state; and

(d) As soon as practicable, inform the agency which provides child welfare services and the appropriate law enforcement agency.

8. 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, 1377; A 1989, 268; 1991, 1182; 1993, 467; 1999, 830;

US Laws, Codes, Statutes & Cases

Chapter 432B — Protection of Children From Abuse and Neglect

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