2005 Nevada Revised Statutes - Chapter 432 — Public Services for Children

CHAPTER 432 - PUBLIC SERVICES FOR CHILDREN

GENERAL PROVISIONS

NRS 432.010 Definitions.

NRS 432.011 Division:Purposes; duties.

NRS 432.0115 Division:Bureaus; administrative sections.

NRS 432.012 Appointmentand qualifications of Administrator of Division.

NRS 432.0125 Appointmentof chiefs of bureaus of Division; powers and duties of Administrator ofDivision.

NRS 432.013 Classificationsof superintendents of youth centers and facilities for detention of children;classifications of chiefs of bureaus of Division.

NRS 432.0135 Dutiesof chiefs of bureaus of Division; restrictions on other employment.

NRS 432.014 Feesfor services rendered through programs of Division.

NRS 432.0145 Giftsand grants to Division.

NRS 432.015 Issuanceand enforcement of subpoenas for certain hearings.

NRS 432.0155 Establishmentof standards for receipt of federal money and programs concerning juveniles;development of state plans by Administrator of Division.

NRS 432.016 Nevada Childrens Gift Account.

NRS 432.0165 Nevada Childrens Gift Revolving Account.

NRS 432.017 Accountto Assist Persons Formerly in Foster Care.

NRS 432.0175 Contractfor provision of shelter and care for certain children: Limitations;regulations.

NRS 432.020 Dutiesof agencies which provide child welfare services.

NRS 432.025 Limitationson use of federal payments for maintenance of children in foster care.

NRS 432.027 Agencywhich provides child welfare services to provide notice of whether person willbe considered for approval as adoptive parent or provider of foster care.

NRS 432.030 Restrictionon provision of maintenance and special services by employee of agency whichprovides child welfare services.

NRS 432.0305 Dutiesof Department.

NRS 432.031 Departmentdesignated agency for administration of federal money for child welfare;acceptance of increase in benefits from Federal Government; certain agencieswhich provide child welfare services required to enter into agreements to maximizefederal money.

NRS 432.032 Regulations.

NRS 432.033 Divisionauthorized to prescribe forms for reports and records.

NRS 432.034 Writtenstatements of responsible relatives of applicants or recipients not required tobe sworn under oath; perjury.

NRS 432.035 Divisionrequired to adopt regulations relating to custody, use and preservation ofrecords, files and communications filed with Division and agency which provideschild welfare services; publication, disclosure or use of certain confidentialinformation prohibited.

NRS 432.036 Limitationson assistance.

NRS 432.037 Creationof Trust Fund for Child Welfare; duties of Division; deposit of money in trustfund for child welfare established in county treasury in certain counties anddisbursement from fund.

NRS 432.038 Divisionand agency which provides child welfare services authorized to maintain accountfor purchase of records of vital statistics to perform work.

NRS 432.039 Agencywhich provides child welfare services authorized to petition for appointment asguardian of child in its lawful custody; waiver of fees, charges and bond forappointment as guardian.

NRS 432.040 Stateparticipation in payment of expenses of maintenance and special services.

NRS 432.050 StateChild Welfare Services Account.

NRS 432.070 Procedurefor drawing and paying warrants in certain counties.

NRS 432.075 Agencieswhich provide child welfare services in certain counties required to furnishlist of claimants entitled to payments and amounts to county comptroller andAdministrator of Division; payment to claimants.

NRS 432.080 Administrativeexpenses of Division.

NRS 432.085 Liabilityof parents for maintenance and special services provided to child placed incustody of agency which provides child welfare services; enforcement.

NRS 432.091 Provisionsinapplicable to Program for Child Care and Development.

NRS 432.095 Creationand administration of Placement Prevention Revolving Account; authorization ofboards of county commissioners in certain counties to establish account forpayment of claims of recipients of goods or services from agency which provideschild welfare services.

STATEWIDE CENTRAL REGISTRY FOR THE COLLECTION OF INFORMATIONCONCERNING THE ABUSE OR NEGLECT OF A CHILD

NRS 432.0999 CentralRegistry defined.

NRS 432.100 Establishment,maintenance and contents; release of information under certain circumstances;access to information.

NRS 432.110 Maintenanceof records concerning request or receipt of information.

NRS 432.120 Releaseof information; deletion of information; regulations.

NRS 432.130 Unlawfulrelease of data or information; penalty.

CHILDRENS TRUST ACCOUNT

NRS 432.131 Creation;uses; interest and income to remain in Account; no reversion to State GeneralFund.

NRS 432.133 Administrationby Director; awards of money; report to Legislature by Director; review ofrequests for awards by Grants Management Advisory Committee.

NRS 432.135 Committeefor Protection of Children: Creation; composition. [Repealed.]

NRS 432.137 Committeefor Protection of Children: Meetings; payment for travel of certain members.[Repealed.]

NRS 432.139 Committeefor Protection of Children: Duties. [Repealed.]

FINGERPRINTS FOR IDENTIFICATION OF CHILDREN

NRS 432.140 Creationof card; limitations on possession and use of card; standards required forfingerprints.

MISSING OR EXPLOITED CHILDREN

NRS 432.150 Definitions.

NRS 432.153 Legislativeintent.

NRS 432.154 Accountfor License Plates for Support of Missing or Exploited Children.

NRS 432.155 Priorityfor cases concerning abducted children.

NRS 432.157 Officeof Advocate for Missing or Exploited Children: Creation; duties; cooperation ofdistrict attorney or local law enforcement agency.

NRS 432.160 Bulletinconcerning missing children: Preparation and distribution by Director ofClearinghouse; contents.

NRS 432.170 Programto coordinate activities and information concerning missing children:Establishment by Attorney General; appointment, powers and duties of Director.

NRS 432.180 Annualreport of Attorney General to be submitted to Governor and Legislative CounselBureau concerning missing or exploited children.

NRS 432.185 Lawenforcement agency: Required to act promptly in obtaining certain warrants.

NRS 432.190 Lawenforcement agency: Delay before action on report of missing child prohibited;evaluation of information.

NRS 432.200 Dutiesof law enforcement agency receiving report of missing child; request for anduse of identifying information; notification that child is found or returned.

NRS 432.205 Dutiesof law enforcement agency, Clearinghouse, governmental agency andsuperintendent of schools upon receiving report of missing child.

NRS 432.210 Cooperationwith Attorney General of United States concerning missing children.

NRS 432.220 Agreementwith Secretary of United States Department of Health and Human Servicesconcerning absent parent or child.

STATEWIDE ALERT SYSTEM FOR THE SAFE RETURN OF ABDUCTEDCHILDREN

NRS 432.300 Definitions.

NRS 432.310 Broadcasterdefined.

NRS 432.320 Committeedefined.

NRS 432.330 Systemdefined.

NRS 432.340 Creation;composition; administration; requirements for participation in System.

NRS 432.350 Committeefor the Statewide Alert System: Creation; membership; Chairman and ViceChairman; terms; vacancies; members serve without compensation.

NRS 432.360 Committeefor the Statewide Alert System: Duties; powers.

NRS 432.370 Activationby law enforcement agency to broadcast emergency bulletin on behalf of abductedchild; review of completed activation by Committee for the Statewide AlertSystem.

NRS 432.380 Immunityof broadcaster from civil liability based on broadcast of information; immunityof person who establishes or maintains website for System from civil liabilitybased on information placed on website.

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GENERAL PROVISIONS

NRS 432.010 Definitions. As used in this chapter, except as otherwise defined byspecific statute or unless the context otherwise requires:

1. Administrator means the Administrator of theDivision.

2. Agency which provides child welfare services hasthe meaning ascribed to it in NRS 432B.030.

3. Child means a person less than 18 years of ageor, if in school, until graduation from high school.

4. Department means the Department of Health andHuman Services.

5. Director means the Director of the Department.

6. Division means the Division of Child and FamilyServices of the Department.

7. Maintenance means general expenses for care suchas board, shelter, clothing, transportation and other necessary or incidentalexpenses, or any of them, or monetary payments therefor.

8. Special services means medical, hospital,psychiatric, surgical or dental services, or any combination thereof.

(Added to NRS by 1960, 326; A 1963, 932; 1967, 1167,1366; 1993, 2701; 2001Special Session, 28; 2005, 22nd SpecialSession, 44)

NRS 432.011 Division:Purposes; duties.

1. The purposes of the Division are to:

(a) Provide a comprehensive state system for thecoordination and provision of services to children and families who needassistance relating to juvenile justice and the care, welfare and mental healthof children.

(b) Aid in the preservation, rehabilitation andreunification of families.

(c) Ensure that children are placed in the leastrestrictive environment available which is appropriate to their needs.

(d) Coordinate and provide services for youth who arein need of residential care or in need of treatment, or both.

2. In accomplishing its purposes, the Division shall:

(a) Establish and coordinate a system for:

(1) The diagnosis and assessment of the needs ofparticular children and families, including those in need of multiple services;

(2) The referral of children and families toappropriate services; and

(3) The management and monitoring of cases inwhich children and families are referred to multiple services.

(b) Plan and coordinate the provision of services forthe support of families to:

(1) Maintain the integrity of families;

(2) Ensure that children are not unnecessarilyremoved from their homes; and

(3) Ensure that families are reunited as soon aspracticable after the removal of children from their homes.

(c) Ensure that a sufficient range of services isavailable to provide care and treatment to children and families in the leastrestrictive setting appropriate to their needs.

(d) Work closely with other governmental agencies andwith public and private agencies providing the same or similar services.

3. The Division shall develop standards for carryingout programs aimed toward the prevention of delinquent acts of children andprograms for the treatment of those brought to its attention. It shall assistin the development of programs for the predelinquent children whose behaviortends to lead them into contact with law enforcement agencies.

4. The Division shall develop and assist in carryingout programs for the diversion of juveniles out of the judicial system andprograms for the aftercare of juveniles who have been released from stateinstitutions, who have been brought before the juvenile court or family courtor who have otherwise come into contact with law enforcement agencies. TheAdministrator shall observe and evaluate the success of those programs.

(Added to NRS by 2005, 22nd SpecialSession, 40)

NRS 432.0115 Division:Bureaus; administrative sections. The Divisionconsists of an Administrator and:

1. The Nevada Youth Training Center Bureau;

2. The Caliente Youth Center Bureau;

3. The Bureau of Services for Child Care;

4. The Youth Parole Bureau; and

5. Within the limits of legislative appropriation,such additional administrative sections as the Administrator determines arenecessary to perform the functions of the Division.

(Added to NRS by 2005, 22nd SpecialSession, 40)

NRS 432.012 Appointmentand qualifications of Administrator of Division. TheAdministrator must be appointed on the basis of his education, training,experience, demonstrated abilities and his interest in the provision ofservices to children and families and related programs.

(Added to NRS by 2005, 22nd SpecialSession, 41)

NRS 432.0125 Appointmentof chiefs of bureaus of Division; powers and duties of Administrator ofDivision.

1. The Administrator shall appoint, with the approvalof the Director, a chief of each of the bureaus in the Division. The chiefs aredesignated respectively as:

(a) The Superintendent of the Nevada Youth TrainingCenter;

(b) The Superintendent of the Caliente Youth Center;

(c) The Chief of the Bureau of Services for Child Care;and

(d) The Chief of the Youth Parole Bureau.

2. The Administrator is responsible for theadministration, through the Division, of the provisions of chapters 63 and 424of NRS, NRS 127.220 to 127.310, inclusive, 432.010 to 432.085, inclusive, and 433B.010 to 433B.350, inclusive, and all otherprovisions of law relating to the functions of the Division, but is not responsiblefor the professional activities of the components of the Division except as specificallyprovided by law.

(Added to NRS by 2005, 22nd SpecialSession, 41)

NRS 432.013 Classificationsof superintendents of youth centers and facilities for detention of children;classifications of chiefs of bureaus of Division.

1. The Superintendents of the Nevada Youth Training Center,the Caliente Youth Center and any other state facility for the detention ofchildren that is operated pursuant to title 5 of NRS are in the unclassifiedservice of the State unless federal law or regulation requires otherwise.

2. The Chief of the Bureau of Services for Child Careand the Chief of the Youth Parole Bureau are in the classified service of theState.

(Added to NRS by 2005, 22nd SpecialSession, 41)

NRS 432.0135 Dutiesof chiefs of bureaus of Division; restrictions on other employment. The chief of each bureau of the Division shall:

1. Administer the provisions of law relating to hisbureau, subject to the administrative supervision of the Administrator.

2. Except as otherwise provided in NRS 284.143, devote his entire time andattention to the business of his office and shall not pursue any other businessor occupation or hold any other office of profit.

(Added to NRS by 2005, 22nd SpecialSession, 41)

NRS 432.014 Feesfor services rendered through programs of Division.

1. Except as otherwise provided in subsection 2 and byspecific statute:

(a) The Division shall:

(1) Establish and impose a schedule of fees forservices rendered through each of its programs. The highest fee established fora service must approximate the cost of providing the service.

(2) Establish a scale proportionate to income sothat a family whose income is low can afford services preventive of greaterexpense to the family or the public afterward.

(3) Submit the schedule to the Director forapproval before enforcement.

(b) The fees collected pursuant to the schedule must bedeposited in the State Treasury to the credit of the State General Fund.

(c) The Administrator may waive any fee establishedpursuant to the schedule if he determines that the person required to pay thatfee is financially unable to do so.

2. Fees collected pursuant to this section forservices provided to juveniles committed to the custody of the Division, theNevada Youth Training Center, the Caliente Youth Center or any other statefacility for the detention of children pursuant to title 5 of NRS must bedeposited with the State Treasurer for credit to a separate account in theState General Fund for expenditure by the Administrator to carry out the powersand duties of the Administrator and the Division.

(Added to NRS by 2005, 22nd SpecialSession, 41)

NRS 432.0145 Giftsand grants to Division.

1. Except for gifts or grants specifically accountedfor in another account, any gifts or grants of money which the Division isauthorized to accept must be deposited in the State Treasury to the credit ofthe Division of Child and Family Services Gift and Cooperative Account in theDepartment of Health and Human Services Gift Fund.

2. Money in the Account must be expended in accordancewith the terms of the gift or grant.

3. All claims must be approved by the Administratorbefore they are paid.

(Added to NRS by 2005, 22nd SpecialSession, 42)

NRS 432.015 Issuanceand enforcement of subpoenas for certain hearings.

1. The Department may issue a subpoena to compel theattendance of witnesses, the giving of testimony and the production of booksand papers at an administrative hearing conducted pursuant to the provisions of20 U.S.C. 1415 on behalf of a party to that hearing. The subpoena must besigned by the Director or a person designated by the Director for this purpose.If a person fails to comply with a subpoena, the Department may apply to thedistrict court for enforcement of the subpoena.

2. The District Court in and for Carson City or thecounty in which a hearing is being conducted for which such a subpoena wasissued may, upon receipt of such an application, compel the attendance ofwitnesses, the giving of testimony and the production of books and papers asrequired by the subpoena.

3. In case of the refusal of any witness to attend ortestify or produce any papers required by the subpoena, the person holding thehearing may report to the district court by petition, setting forth:

(a) That due notice has been given of the time and placeof attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in accordancewith this section; and

(c) That the witness has failed or refused to attend orproduce the papers required by subpoena before the person holding the hearingnamed in the subpoena, or has refused to answer questions propounded to him inthe course of the hearing,

and askingan order of the court compelling the witness to attend and testify or producethe books or papers before the person.

4. The court, upon petition of the person holding thehearing, shall enter an order directing the witness to appear before the courtat a time and place to be fixed by the court in the order, the time must not bemore than 10 days after the date of the order, and then and there show causewhy he has not attended or testified or produced the books or papers before theperson holding the hearing. A certified copy of the order must be served uponthe witness. If it appears to the court that the subpoena was regularly issuedby the person holding the hearing, the court shall thereupon enter an orderthat the witness appear before the person at the time and place fixed in theorder and testify or produce the required books or papers, and upon failure toobey the order, the witness must be dealt with as for contempt of court.

(Added to NRS by 2005, 22nd SpecialSession, 42)

NRS 432.0155 Establishmentof standards for receipt of federal money and programs concerning juveniles;development of state plans by Administrator of Division.

1. The Department, through the Division, is the solestate agency for the establishment of standards for the receipt of federalmoney in the field of juvenile development and for programs to prevent, combatand control delinquency. The Administrator, with the approval of the Director,may develop state plans, make reports to the Federal Government and comply withsuch other conditions as may be imposed by the Federal Government for thereceipt of assistance for those programs. In developing and revising stateplans, the Administrator shall consider, among other things, the amount ofmoney available from the Federal Government for those programs and theconditions attached to that money, and the limitations of legislativeappropriations for the programs.

2. The Administrator shall cause to be deposited withthe State Treasurer all money allotted to this State by the Federal Governmentfor the purposes described in this section and shall cause to be paid out ofthe State Treasury the money therein deposited for those purposes.

(Added to NRS by 2005, 22nd SpecialSession, 43)

NRS 432.016 NevadaChildrens Gift Account.

1. All gifts of money that the Division is authorizedto accept must be deposited in the Nevada Childrens Gift Account in theDepartment of Health and Human Services Gift Fund.

2. Money in the Gift Account may be used to benefitthe children to whom shelter and care is provided by the Division. Each giftmust be expended in accordance with the terms of the gift.

3. The interest and income earned on the money in theNevada Childrens Gift Account, after deducting any applicable charges, must becredited to the Gift Account.

4. The Division may transfer each fiscal year from theNevada Childrens Gift Account to the Nevada Childrens Gift Revolving Accountcreated pursuant to NRS 432.0165 anamount not to exceed the amount of interest and income earned for that fiscalyear on the money in the Nevada Childrens Gift Account.

5. Each claim against the Nevada Childrens GiftAccount must be approved by the Administrator or his designee before it ispaid.

(Added to NRS by 2005, 22nd SpecialSession, 43)

NRS 432.0165 NevadaChildrens Gift Revolving Account.

1. The Nevada Childrens Gift Revolving Account ishereby created. All money in the Nevada Childrens Gift Revolving Account mustbe deposited in a financial institution qualified to receive deposits of publicmoney and must be secured with a depository bond that is satisfactory to theState Board of Examiners, unless it is otherwise secured by the Federal DepositInsurance Corporation, the National Credit Union Share Insurance Fund or aprivate insurer approved pursuant to NRS678.755.

2. The money in the Nevada Childrens Gift RevolvingAccount may be distributed by the Division to foster parents, upon request, onthe basis of need, to pay the costs associated with participation by a child infoster care in intramural, recreational, social, school and sports-relatedactivities, including, without limitation, uniforms and equipment, the rentalof musical instruments, registration fees and art lessons.

3. All requests for distributions of money from theNevada Childrens Gift Revolving Account must be made to the Division inwriting. The person making the request must demonstrate that all otherresources for money to pay for the activity have been exhausted.

4. The Division shall develop policies for theadministration of this section.

5. Purchases made by the Division pursuant to thissection are exempt from the provisions of the State Purchasing Act.

6. The balance in the Nevada Childrens Gift RevolvingAccount must be carried forward at the end of each fiscal year.

(Added to NRS by 2005, 22nd SpecialSession, 43)

NRS 432.017 Accountto Assist Persons Formerly in Foster Care.

1. The Account to Assist Persons Formerly in FosterCare is hereby established in the Department of Health and Human Services GiftFund.

2. The Account must be administered by theAdministrator.

3. The money in the Account must be used to assistpersons who attained the age of 18 years while children in foster care in thisState to make the transition from foster care to economic self-sufficiency, andmay, consistent with that purpose, be:

(a) Disbursed on behalf of such persons, on the basisof need, to obtain goods and services, including, without limitation:

(1) Job training;

(2) Housing assistance; and

(3) Medical insurance;

(b) Granted to nonprofit community organizations; or

(c) Expended to provide matching money required as acondition of any federal grant.

4. A request for the disbursement of money from theAccount pursuant to paragraph (a) of subsection 3 must be made to the Divisionin writing. The request must include information to demonstrate that all otherresources for money to pay for the goods and services have been exhausted.

5. The Division shall adopt such regulations asnecessary for the administration of this section.

6. Money in the Account at the end of any fiscal yearremains in the Account and does not revert to any other fund.

(Added to NRS by 2005, 22nd SpecialSession, 44)

NRS 432.0175 Contractfor provision of shelter and care for certain children: Limitations;regulations.

1. The Department may enter into a contract with aperson for the provision of shelter and care to children who are placed in thecustody of an agency which provides child welfare services.

2. The Department may not enter into a contractpursuant to this section unless it is satisfied that the person is qualified andhas the necessary facilities and money to provide adequate shelter and care tothe children.

3. The Department shall adopt such regulations as arenecessary to ensure that the person provides adequate shelter and care for thechildren placed in his care.

4. The person shall comply with all regulationsadopted pursuant to this section.

(Added to NRS by 2005, 22nd SpecialSession, 44)

NRS 432.020 Dutiesof agencies which provide child welfare services. Anagency which provides child welfare services shall:

1. Provide, to the extent that support is nototherwise required by court order or pursuant to specific statute, maintenanceand special services to:

(a) Unmarried mothers and children awaiting adoptiveplacement.

(b) Children who are placed in the custody of theagency which provides child welfare services, and who are placed in fosterhomes, homes of relatives other than parents or other facilities or institutions.Except as otherwise provided by specific statute, if any child is to be placedin the custody of the agency which provides child welfare services, pursuant toany order of a court or request made by a person or agency other than theagency which provides child welfare services, this order or request may beissued or made only after an opportunity for a hearing has been given to theagency which provides child welfare services after 3 days notice, or uponrequest of the agency which provides child welfare services.

2. Except as otherwise provided by court order orspecific statute, return a child to his natural home or home of a competentrelative for a probationary period any time after the expiration of 60 daysafter the placement of the child in the custody of the agency which provideschild welfare services, with notification to but without formal application toa court, but the agency which provides child welfare services retains the rightto custody of the child during the probationary period, until a court ofcompetent jurisdiction determines proper custody of the child.

(Added to NRS by 1960, 327; A 1961, 360; 1963, 932;1967, 1366; 1973, 458, 1612, 1633; 1977, 109; 1985, 1385; 1989, 1157; 1993,2701; 2001 SpecialSession, 29)

NRS 432.025 Limitationson use of federal payments for maintenance of children in foster care. Not more than 60 percent of the total number of childrenfor whom maintenance is provided pursuant to Part E of Title IV of the SocialSecurity Act, 42 U.S.C. 670 et seq., may have been in foster care for morethan 24 months.

(Added to NRS by 1981, 1600; A 1991, 707)

NRS 432.027 Agencywhich provides child welfare services to provide notice of whether person willbe considered for approval as adoptive parent or provider of foster care. As soon as practicable after an agency which provideschild welfare services receives an application by a person to receive theplacement of a child, the agency which provides child welfare services shallnotify the person in writing as to whether the person will be considered forapproval as an adoptive parent or as a provider of foster care.

(Added to NRS by 1999, 2028; A 2001 Special Session,29)

NRS 432.030 Restrictionon provision of maintenance and special services by employee of agency whichprovides child welfare services.

1. Except asotherwise provided in subsection 2, an employee of an agency which provideschild welfare services may, if otherwise qualified, provide maintenance andspecial services to any child other than a child who:

(a) Is includedas a client in the caseload of the employee at the time of the provision of themaintenance or special services; or

(b) Has beenincluded as a client in the caseload of the employee within the 3 yearsimmediately preceding the provision of the maintenance or special services.

2. An employeeof an agency which provides child welfare services may provide maintenance andspecial services to any child:

(a) Pursuant to court order or request; or

(b) Upon referral of appropriate law enforcementofficials for emergency care.

(Added to NRS by 1960, 327; A 1961, 361; 1963, 932;1977, 110; 1993, 2701; 2001 Special Session,29; 2003, 827)

NRS 432.0305 Dutiesof Department. The Department, through the Division,shall:

1. Observe and study the changing nature and extent ofthe need for child welfare services and develop through tests anddemonstrations effective ways of meeting those needs.

2. Cooperate with the Federal Government in adoptingstate plans, in all matters of mutual concern, including the adoption ofmethods of administration found by the Federal Government to be necessary forthe efficient operation of programs for child welfare, and in increasing theefficiency of those programs by prompt and judicious use of new federal grantswhich will assist the Division in carrying out the provisions of NRS 432.010 to 432.085, inclusive. The Department shallconsider any request for a change in the state plan submitted by an agencywhich provides child welfare services.

3. Enter intoreciprocal agreements with other states relative to services for child welfareand institutional care, when deemed necessary or convenient by theAdministrator.

4. Enter intoagreements with an agency which provides child welfare services in a countywhose population is 100,000 or more when deemed necessary or convenient by theAdministrator.

5. Accept money from and cooperate with the UnitedStates or any of its agencies in carrying out the provisions of NRS 432.010 to 432.085, inclusive, and of any federal actspertaining to public child welfare and youth services, insofar as authorized bythe Legislature.

(Added to NRS by 1993, 2699; A 2001 Special Session,30; 2005,22nd Special Session, 45)

NRS 432.031 Departmentdesignated agency for administration of federal money for child welfare;acceptance of increase in benefits from Federal Government; certain agencieswhich provide child welfare services required to enter into agreements tomaximize federal money.

1. The Department, through the Division, shall act asthe single state agency of the State of Nevada and its political subdivisionsin the administration of any federal money granted to the State to aid in thefurtherance of any services and activities for child welfare.

2. If theCongress of the United States passes any law increasing the participation ofthe Federal Government in a Nevada Program for Child Welfare, either as relatesto eligibility for assistance or otherwise, the Director is authorized toaccept, with the approval of the Governor, the increased benefits of thatlegislation. The Division may adopt such standards as are required by theCongress of the United States as a condition to the acceptance of thosebenefits.

3. An agency which provides child welfare services ina county whose population is 100,000 or more shall enter into such agreementswith the Division as are necessary to maximize the amount of money that thisState may obtain from the Federal Government for the provision of child welfareservices throughout this State.

(Added to NRS by 1993, 2698; A 2001 Special Session,30; 2005,22nd Special Session, 45)

NRS 432.032 Regulations. The Division, in consultation with each agency whichprovides child welfare services, shall adopt regulations for the administrationof NRS 432.010 to 432.085, inclusive, which are binding uponall recipients and local units.

(Added to NRS by 1993, 2699; A 1999, 2029; 2001 Special Session,30)

NRS 432.033 Divisionauthorized to prescribe forms for reports and records.To secure accuracy, uniformity and completeness in statistics andinformation, the Division, in consultation with each agency which provideschild welfare services, may prescribe forms of reports and records to be keptby an agency which provides child welfare services and all persons subject tosupervision by the Division or investigation pursuant to NRS 432.010 to 432.085, inclusive.

(Added to NRS by 1993, 2699; A 2001 Special Session,30)

NRS 432.034 Writtenstatements of responsible relatives of applicants or recipients not required tobe sworn under oath; perjury. Writtenstatements of information required from responsible relatives of applicants foror recipients of assistance pursuant to NRS432.010 to 432.085, inclusive, neednot be under oath, but any person who signs such a statement and willfullystates therein as true any material matter which he knows to be false is guiltyof perjury which is a category D felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1993, 2699; A 1995, 1276; 2005, 22nd SpecialSession, 46)

NRS 432.035 Divisionrequired to adopt regulations relating to custody, use and preservation ofrecords, files and communications filed with Division and agency which provideschild welfare services; publication, disclosure or use of certain confidentialinformation prohibited.

1. To safeguard and restrict the use or disclosure ofany information concerning applicants for and recipients of services for childwelfare to purposes directly connected to the administration of NRS 432.010 to 432.085, inclusive, by the Division,pursuant to the applicable provisions of the Social Security Act, the Divisionshall, in consultation with each agency which provides child welfare services,establish and enforce reasonable regulations governing the custody, use andpreservation of the records, files and communications filed with the Divisionand any agency which provides child welfare services.

2. Whenever, pursuant to the provisions of law orregulations of the Division, names and addresses of, or information concerning,applicants for and recipients of services for child welfare are furnished to orheld by an agency which provides child welfare services or any other agency ordepartment of government, that agency or department shall comply with the regulationsof the Division prohibiting the publication of information and its use forpurposes not directly connected with the administration of NRS 432.010 to 432.085, inclusive, by the Division.

3. Except for purposes directly connected with theadministration of NRS 432.010 to 432.085, inclusive, no person may publish,disclose, use or permit or cause to be published, disclosed or used anyconfidential information pertaining to a recipient of services under theprovisions of NRS 432.010 to 432.085, inclusive.

(Added to NRS by 1993, 2700; A 2001 Special Session,31)

NRS 432.036 Limitationson assistance. Assistance awarded pursuant tothe provisions of NRS 432.010 to 432.085, inclusive, is:

1. Not transferable or assignable at law or in equity,and none of the money paid or payable pursuant to those provisions is subjectto execution, levy, attachment, garnishment or other legal process, or to theoperation of any law regarding bankruptcy or insolvency.

2. Awarded and held subject to any legislativeenactment amending or repealing those provisions, and no recipient has anyclaim for assistance or otherwise by reason of his assistance being affected inany way by such a legislative enactment.

(Added to NRS by 1993, 2699)

NRS 432.037 Creationof Trust Fund for Child Welfare; duties of Division; deposit of money in trustfund for child welfare established in county treasury in certain counties anddisbursement from fund.

1. The Trust Fund for Child Welfare is hereby created.All benefits for survivors or other awards payable to children receiving childwelfare services pursuant to NRS 432.010to 432.085, inclusive, in a county whosepopulation is less than 100,000 must be deposited in the State Treasury forcredit to the Fund.

2. The Division shall:

(a) Keep a separate account for each child who receivesmoney.

(b) Deduct from the account any services to the childprovided by public money. Any surplus remaining may be expended forextraordinary items deemed beneficial to the child.

(c) Remit any surplus balance to the parent or legalguardian of the child, or to the child if he is emancipated or has reached theage of 18 years, when the Division is no longer legally responsible for him.

3. The Division shall pay interest to each childsseparate account maintained in the Trust Fund for Child Welfare at the end ofeach interest period. Interest must be paid at a rate equal to the average ofthe interest rates quoted by at least three banking institutions forinterest-bearing savings accounts of $3,000 or less on the first day of eachinterest period. Interest must be paid on the childs account commencing withthe first interest period that the Division is legally responsible for thechild. Interest must not be paid for the interest period during which the childceases to be the legal responsibility of the Division.

4. All benefits for survivors or other awards payableto children receiving child welfare services in a county whose population is100,000 or more pursuant to NRS 432.010to 432.085, inclusive, must be depositedin the trust fund for child welfare established in the county treasury. Adisbursement from the benefits for survivors or other awards of a child whichis deposited in the fund may be made to the agency which provides child welfareservices for any child welfare services provided to the child with publicmoney.

5. As used in this section, interest period meansthat period not less frequent than quarterly, as determined by the StateTreasurer, for which interest must be paid.

(Added to NRS by 1993, 2700; A 1995, 721; 2001 Special Session,31)

NRS 432.038 Divisionand agency which provides child welfare services authorized to maintain accountfor purchase of records of vital statistics to perform work.

1. Subject to the approval and regulations of theState Board of Examiners, the Division may maintain an account in a bank orcredit union for the purchase of birth certificates, death certificates andother records of vital statistics necessary to perform eligibility and other case-workfunctions of the Division in a county whose population is less than 100,000pursuant to NRS 432.010 to 432.085, inclusive.

2. Subject to the approval of the board of countycommissioners of the county, an agency which provides child welfare services ina county whose population is 100,000 or more may maintain an account in a bankor credit union for the purchase of birth certificates, death certificates andother records of vital statistics necessary to perform eligibility and othercase-work functions of the agency pursuant to NRS432.010 to 432.085, inclusive.

(Added to NRS by 1993, 2700; A 1999, 1496; 2001 Special Session,32)

NRS 432.039 Agencywhich provides child welfare services authorized to petition for appointment asguardian of child in its lawful custody; waiver of fees, charges and bond forappointment as guardian.

1. When in the judgment of the court it is in the bestinterests of a child in the lawful custody of an agency which provides childwelfare services, such an agency may petition for appointment as guardian ofthe person and estate of the child in the manner provided by chapter 159 or 432Bof NRS.

2. The clerk of the district court, county clerk,county recorder or other county officer shall not require the payment of anyfees or charges by the agency which provides child welfare services forappointment as guardian pursuant to this section, and the district court shallwaive the furnishing of a bond by the agency which provides child welfareservices if it is appointed guardian.

3. Except as otherwise provided in this section, theagency which provides child welfare services shall comply with all applicableprovisions of chapter 159 or 432B of NRS.

(Added to NRS by 1993, 2699; A 2001 Special Session,32; 2003, 588)

NRS 432.040 Stateparticipation in payment of expenses of maintenance and special services. The nonfederal share of all expenses for special servicesand maintenance provided to children and unmarried mothers pursuant to NRS 432.010 to 432.085, inclusive, must be paid from moneywhich may be provided to the Division by direct legislative appropriation.

(Added to NRS by 1960, 327; A 1961, 361; 1963, 933;1977, 110; 1979, 605; 1993, 2702)

NRS 432.050 StateChild Welfare Services Account. All moneyappropriated by the Legislature pursuant to the provisions of NRS 432.040 must be accounted for in theState Child Welfare Services Account, and all money received from the UnitedStates pursuant to Parts B and E of Title IV of the Social Security Act, or forprograms of child welfare administered by the Division pursuant to NRS 432.010 to 432.085, inclusive, must be deposited inthe State Treasury and credited to the Account, out of which must be paid theexpenses incurred in providing maintenance and special services under theprovisions of NRS 432.010 to 432.085, inclusive.

(Added to NRS by 1960, 327; A 1975, 123; 1981, 262;1993, 2702)

NRS 432.070 Procedurefor drawing and paying warrants in certain counties.

1. The Administrator shall furnish to the StateController a full, true and correct list of claimants in each county whosepopulation is less than 100,000 who are entitled to payment for the care andservices provided for in NRS 432.010 to 432.085, inclusive, and of the amount to bepaid to each of them from the State Child Welfare Services Account, certifiedto by him as being a full, true and correct list of such claimants in thatcounty and the amount to which each of them is entitled pursuant to NRS 432.010 to 432.085, inclusive. The list is subject torevision by the Administrator to make it conform to such changes as may be madepursuant to the terms of NRS 432.010 to 432.085, inclusive.

2. Upon receiving the certified list, the StateController shall promptly draw his warrant upon the State Child WelfareServices Account payable to each claimant in the amount to which he isentitled, and the State Treasurer shall pay the same. Every warrant must be forthe total amount of federal and state money to which each claimant is entitledpursuant to the provisions of NRS 432.010to 432.085, inclusive.

3. Immediately after the warrants have been drawn, theState Controller shall deliver or mail them to the Division. Immediatelythereafter, the Division shall mail them to the individual recipients. Thefacilities of the central mailing room must be used.

(Added to NRS by 1960, 328; A 1961, 104; 1963, 933;1965, 114; 1969, 255; 1973, 196; 1975, 124; 1979, 606; 1981, 262; 1993, 2702; 2001 Special Session,32)

NRS 432.075 Agencieswhich provide child welfare services in certain counties required to furnishlist of claimants entitled to payments and amounts to county comptroller andAdministrator of Division; payment to claimants.

1. The head of the agency which provides child welfareservices in a county whose population is 100,000 or more shall furnish to thecounty comptroller and the Administrator of the Division a full, true andcorrect list of claimants in the county who are entitled to payment for thecare and services provided for in NRS432.010 to 432.085, inclusive, andof the amount to be paid to each of them, certified to by him as being a full,true and correct list of such claimants in that county and the amount to whicheach of them is entitled pursuant to NRS432.010 to 432.085, inclusive. Thelist is subject to revision by the head of the agency which provides childwelfare services to make it conform to such changes as may be made pursuant tothe terms of NRS 432.010 to 432.085, inclusive.

2. The total amount of federal and state money towhich each claimant is entitled pursuant to the provisions of NRS 432.010 to 432.085, inclusive, must be paid in themanner provided in NRS 244.210.

(Added to NRS by 2001 Special Session,28)

NRS 432.080 Administrativeexpenses of Division. All administrative expensesincurred by the Division in carrying out the provisions of NRS 432.010 to 432.085, inclusive, must be paid out ofmoney which may be appropriated by the Legislature from the State General Fundand out of such other money as may be made available to the Division for thepayment of administrative expenses. Disbursements must be made upon claimsfiled and allowed in the same manner as other money in the State Treasury isdisbursed. All claims must be approved by the Administrator before they arepaid.

(Added to NRS by 1960, 329; A 1963, 933; 1975, 125;1993, 2702; 2003, 629)

NRS 432.085 Liabilityof parents for maintenance and special services provided to child placed incustody of agency which provides child welfare services; enforcement.

1. The parents of a child placed in the custody of anagency which provides child welfare services pursuant to the provisions of NRS 62A.380 or 432.010 to 432.085, inclusive, or chapter 432B of NRS are liable to the agencywhich provides child welfare services for the cost of maintenance and specialservices provided to the child.

2. The Division shall establish by regulationreasonable schedules for the repayment of money owed by parents pursuant tosubsection 1.

3. An agency which provides child welfare services maywaive all or any part of the amount due pursuant to this section if itdetermines that the parents of the child do not have the ability to pay theamount.

4. If a parent refuses to pay an agency which provideschild welfare services for money owed under this section, the agency whichprovides child welfare services may bring a civil action to recover all moneyowed with interest thereon at the rate of 7 percent per year commencing 30 daysafter an itemized statement of the amount owed is submitted to the parents.

5. All money collected pursuant to this section must bedeposited:

(a) In a county whose population is less than 100,000,with the State Treasurer for credit to the State Child Welfare ServicesAccount.

(b) In a county whose population is 100,000 or more,with the county treasurer for credit to a fund or account established by theboard of county commissioners.

(Added to NRS by 1989, 1156; A 1993, 2703; 2001 Special Session,33; 2003, 1148)

NRS 432.091 Provisionsinapplicable to Program for Child Care and Development. The provisions of NRS432.010 to 432.085, inclusive, donot apply to the Program for Child Care and Development administered by theDivision of Welfare and Supportive Services of the Department pursuant to chapter 422A of NRS.

(Added to NRS by 1997, 2266; A 2005, 22nd SpecialSession, 46)

NRS 432.095 Creationand administration of Placement Prevention Revolving Account; authorization ofboards of county commissioners in certain counties to establish account forpayment of claims of recipients of goods or services from agency which provideschild welfare services.

1. There is hereby created the PlacementPrevention Revolving Account in the amount of $25,000 to be used for thepayment of claims in a county whose population is less than 100,000 ofrecipients of goods or services from the Division and vendors providing goodsor services to those recipients pursuant to procedures established by theDivision.

2. Upon written request from the Administrator, theState Controller shall draw his warrant from money already authorized for theuse of the Division in the sum of $25,000. When the warrant is paid, theAdministrator shall deposit the money in a financial institution qualified toreceive deposits of public money. All money deposited in the PlacementPrevention Revolving Account pursuant to this section must be secured with adepository bond that is satisfactory to the State Board of Examiners, unless itis otherwise secured by the Federal Deposit Insurance Corporation, the NationalCredit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

3. After an expenditure of money from the PlacementPrevention Revolving Account, the Administrator shall present a claim to theState Board of Examiners to maintain a balance of $25,000. If the claim isapproved by the State Board of Examiners, the State Controller shall draw hiswarrant from money already authorized for the use of the Division in the amountof the claim in favor of the Placement Prevention Revolving Account, and theState Treasurer shall pay the warrant.

4. Money in the Placement Prevention Revolving Accountcreated pursuant to subsection 1 does not revert to the State General Fund atthe end of the fiscal year, and the balance in the Account must be carriedforward.

5. Purchasesmade by the Division pursuant to this section are exempt from the StatePurchasing Act.

6. The board of county commissioners of a county whosepopulation is 100,000 or more may establish a fund or account to be used forthe payment of claims of recipients of goods or services from the agency whichprovides child welfare services and vendors providing goods or services tothose recipients pursuant to procedures established by the agency whichprovides child welfare services.

(Added to NRS by 1997, 3058; A 1999, 1496; 2001 Special Session,33)

STATEWIDE CENTRAL REGISTRY FOR THE COLLECTION OFINFORMATION CONCERNING THE ABUSE OR NEGLECT OF A CHILD

NRS 432.0999 CentralRegistry defined. As used in NRS 432.0999 to 432.130, inclusive, Central Registrymeans the Statewide Central Registry for the Collection of InformationConcerning the Abuse or Neglect of a Child established by NRS 432.100.

(Added to NRS by 2005, 2029)

NRS 432.100 Establishment,maintenance and contents; release of information under certain circumstances;access to information.

1. There is hereby established a Statewide CentralRegistry for the Collection of Information Concerning the Abuse or Neglect of aChild. This Central Registry must be maintained by the Division.

2. The Central Registry must contain:

(a) The information in any substantiated report ofchild abuse or neglect made pursuant to NRS432B.220;

(b) Statistical information on the protective servicesprovided in this State; and

(c) Any other information which the Division determinesto be in furtherance of NRS 432.0999 to432.130, inclusive, and 432B.010 to 432B.400, inclusive.

3. The Division may release information contained inthe Central Registry to an employer:

(a) If the person who is the subject of a backgroundinvestigation by the employer provides written authorization for the release ofthe information; and

(b) Either:

(1) The employer is required by law to conductthe background investigation of the person for employment purposes; or

(2) The person who is the subject of thebackground investigation could, in the course of his employment, have regularand substantial contact with children or regular and substantial contact withelderly persons who require assistance or care from other persons,

but only tothe extent necessary to inform the employer whether the person who is thesubject of the background investigation has been found to have abused or neglecteda child.

4. Except as otherwise provided in this section or byspecific statute, information in the Central Registry may be accessed only byan employee of the Division and by an agency which provides child welfareservices.

(Added to NRS by 1975, 790; A 1977, 738; 1979, 546;1985, 1385; 1993, 2704; 1999, 2029; 2005, 2029)

NRS 432.110 Maintenanceof records concerning request or receipt of information.

1. Except as otherwise provided in subsection 2, theDivision shall maintain a record of:

(a) The names and identifying data, dates andcircumstances of any persons requesting or receiving information from theCentral Registry; and

(b) Any other information which might be helpful infurthering the purposes of NRS 432.0999to 432.130, inclusive, and 432B.010 to 432B.400, inclusive.

2. The Division is not required to maintain a recordof information concerning requests for information from or the receipt ofinformation by employees of an agency which provides child welfare services.

(Added to NRS by 1975, 790; A 1977, 738; 1985, 1386;1993, 2704; 2005,2030)

NRS 432.120 Releaseof information; deletion of information; regulations.

1. Information contained in the Central Registry mustnot be released unless the right of the applicant to the information isconfirmed, the information concerning the report of abuse or neglect of thechild has been reported pursuant to NRS432B.310, the released information discloses the disposition of the caseand, if the information is being provided pursuant to subsection 3 of NRS 432.100, the person who is the subjectof the background investigation provides written authorization for the releaseof the information.

2. The information contained in the Central Registryconcerning cases in which a report of abuse or neglect of a child has beensubstantiated by an agency which provides child welfare services must bedeleted from the Central Registry not later than 10 years after the child whois the subject of the report reaches the age of 18 years.

3. The Division shall adopt regulations to carry outthe provisions of this section.

(Added to NRS by 1975, 790; A 1977, 738; 1985, 1386;1993, 2704; 2005, 2030)

NRS 432.130 Unlawfulrelease of data or information; penalty. Anyperson who willfully releases data or information contained in the CentralRegistry to unauthorized persons in violation of NRS 432.120 or 432B.290 is guilty of a misdemeanor.

(Added to NRS by 1975, 791; A 1977, 739; 1985, 1387; 2005, 2031)

CHILDRENS TRUST ACCOUNT

NRS 432.131 Creation;uses; interest and income to remain in Account; no reversion to State GeneralFund.

1. The Childrens Trust Account is hereby created inthe State General Fund. Except as otherwise provided in subsection 2, the moneyin the Account must be used to prevent the abuse or neglect of children.

2. No more than 5 percent of the money credited to theAccount each year may be used for the expenses:

(a) Of administering the Account; and

(b) For travel of members of the Grants ManagementAdvisory Committee created by NRS 232.383or members of a working group of the Grants Management Advisory Committee thatis appointed pursuant to NRS 232.387.

3. The interest and income earned on the money in thisAccount, after deducting any applicable charges, must be credited to theAccount.

4. Any money remaining in the Account at the end ofeach fiscal year does not revert to the State General Fund but must be carriedover into the next fiscal year.

(Added to NRS by 1985, 615; A 2005, 470)

NRS 432.133 Administrationby Director; awards of money; report to Legislature by Director; review ofrequests for awards by Grants Management Advisory Committee.

1. The Director is responsible for administering theChildrens Trust Account.

2. The Director shall make awards of money, bycontract or grant, from the Childrens Trust Account to agencies of the Stateor its political subdivisions and nonprofit community organizations oreducational institutions which provide or will provide services for the preventionof the abuse or neglect of children. The duration of an award granted pursuantto this subsection must not exceed 3 years.

3. The Director shall report to each regular sessionof the Legislature regarding the agencies, organizations or institutions thathave been awarded money from the Childrens Trust Account, the money creditedto the Account, the interest and income on the money in the Account, anyunexpended money in the Account and the general expenses of administering theAccount.

4. Requests for awards of money from the ChildrensTrust Account must be reviewed by the Grants Management Advisory Committeecreated by NRS 232.383.

(Added to NRS by 1985, 615; A 1993, 2704; 2005, 471; 2005, 22nd SpecialSession, 46)

NRS 432.135 Committeefor Protection of Children: Creation; composition. Repealed. (Seechapter 137, Statutesof Nevada 2005, at page 475.)

 

NRS 432.137 Committeefor Protection of Children: Meetings; payment for travel of certain members.Repealed. (See chapter 137, Statutes of Nevada 2005,at page 475.)

 

NRS 432.139 Committeefor Protection of Children: Duties. Repealed.(See chapter 137, Statutesof Nevada 2005, at page 475.)

 

FINGERPRINTS FOR IDENTIFICATION OF CHILDREN

NRS 432.140 Creationof card; limitations on possession and use of card; standards required forfingerprints.

1. A parent or guardian of a child may request thatthe child be fingerprinted by any law enforcement agency of this State. If thelaw enforcement agency agrees to perform the service and accepts payment of thesame fee charged to others for this service, if any, the law enforcement agencyshall fingerprint the child and give the fingerprint card to the parent orguardian. A law enforcement agency which fingerprints a child under thissection shall not retain a fingerprint card or any other copy of the childsfingerprints prepared pursuant to this section.

2. The fingerprint card must include in a conspicuousplace on the card a statement that the card may be used for identificationpurposes only and may not be used in any juvenile or criminal investigation orproceeding conducted against the child.

3. A fingerprint card prepared pursuant to thissection may be used by a law enforcement agency only to help identify a childwho is lost, kidnapped or killed. The card may not be used by anyone in anyinvestigation or proceeding conducted against the child under title 5 of NRS orunder the criminal laws of this State.

4. Any other person, firm or corporation thatfingerprints children for identification purposes shall take the fingerprintsin a manner which meets the standards set by the Federal Bureau ofInvestigation as those standards exist on July 1, 1983.

(Added to NRS by 1983, 1122; A 2003, 1148)

MISSING OR EXPLOITED CHILDREN

NRS 432.150 Definitions. As used in NRS 432.150to 432.220, inclusive, unless the contextotherwise requires:

1. Clearinghouse means the program established bythe Attorney General pursuant to NRS 432.170.

2. Director means the Director of the Clearinghouse.

3. Exploited child means a person under the age of18 years who has been:

(a) Used in the production of pornography in violationof the provisions of NRS 200.710;

(b) Subjected to sexual exploitation as defined in NRS 432B.110; or

(c) Employed or exhibited in any injurious, immoral ordangerous business or occupation in violation of the provisions of NRS 609.210.

4. Missing child means a person under the age of 18years who has run away or is otherwise missing from the lawful care, custodyand control of his parent or guardian.

(Added to NRS by 1985, 2165; A 1991, 1420; 1993,1373; 1995, 1666)

NRS 432.153 Legislativeintent. It is the intent of the Legislaturethat law enforcement agencies in this state give a high priority to theinvestigation of crimes concerning missing children.

(Added to NRS by 1991, 1419)

NRS 432.154 Accountfor License Plates for Support of Missing or Exploited Children.

1. The Account for License Plates for the Support ofMissing or Exploited Children is hereby created in the State General Fund. TheDirector shall administer the Account.

2. The money in the Account does not lapse to theState General Fund at the end of any fiscal year.

3. The money in the Account must only be used to carryout the provisions of NRS 432.150 to 432.220, inclusive.

(Added to NRS by 1995, 1666)

NRS 432.155 Priorityfor cases concerning abducted children. TheAttorney General or district attorney shall give cases concerning abductedchildren priority to expedite the arrest and conviction of the personcriminally responsible for the disappearance or concealment of an abductedchild.

(Added to NRS by 1991, 1420)

NRS 432.157 Officeof Advocate for Missing or Exploited Children: Creation; duties; cooperation ofdistrict attorney or local law enforcement agency.

1. The Office of Advocate for Missing or ExploitedChildren is hereby created within the Office of the Attorney General. TheAdvocate for Missing or Exploited Children may be known as the ChildrensAdvocate.

2. The Attorney General shall appoint the ChildrensAdvocate. The Childrens Advocate is in the unclassified service of the State.

3. The Childrens Advocate:

(a) Must be an attorney licensed to practice law inthis state;

(b) Shall advise and represent the Clearinghouse on allmatters concerning missing or exploited children in this state; and

(c) Shall advocate the best interests of missing orexploited children before any public or private body.

4. The Childrens Advocate may:

(a) Appear as an amicus curiae on behalf of missing orexploited children in any court in this state;

(b) If requested, advise a political subdivision ofthis state concerning its duty to protect missing or exploited children; and

(c) Recommend legislation concerning missing orexploited children.

5. Upon request by the Childrens Advocate, a districtattorney or local law enforcement agency in this state shall provide allinformation and assistance necessary to assist the Childrens Advocate incarrying out the provisions of this section.

(Added to NRS by 1993, 1373)

NRS 432.160 Bulletinconcerning missing children: Preparation and distribution by Director ofClearinghouse; contents.

1. The Director may prepare quarterly a bulletincontaining information concerning missing children in this state. The bulletinmust contain the name and last known address of the missing child and any otherinformation that the Director considers necessary.

2. The Director may distribute a copy of the bulletin,free of charge, to each law enforcement agency in this state, the Department ofEducation and each school district and every private elementary or secondaryschool. The Director may, for a reasonable fee, provide a copy of the bulletinto any other person or governmental agency.

(Added to NRS by 1985, 2165; A 1993, 1374)

NRS 432.170 Programto coordinate activities and information concerning missing children:Establishment by Attorney General; appointment, powers and duties of Director.

1. TheAttorney General shall:

(a) Establish aprogram to coordinate activities and information in this state concerningmissing or exploited children; and

(b) Appoint aDirector to administer the provisions of the program.

2. The Directoris in the unclassified service of the State. To assist the Director in carryingout the provisions of NRS 432.150 to 432.220, inclusive, the Attorney Generalmay appoint such assistants or investigators as deemed necessary by theAttorney General.

3. TheDirector may:

(a) Assist anypublic or private school in establishing a program of information about missingor exploited children by providing, free of charge, materials, publications andinstructional aids relating to:

(1) Offensesunder federal and state law regarding missing or exploited children and theabuse or neglect of children.

(2) Governmentaland private agencies and programs for locating and identifying missing orexploited children, preventing the abduction or disappearance of children andpreventing the abuse or neglect of children.

(3) Methodsof preventing the abduction or disappearance of children.

(4) Techniquesfor the investigation of cases involving missing or exploited children.

(5) Anyother issue involving missing or exploited children.

(b) Develop andmaintain a system of information concerning missing or exploited children,including information concerning public or private resources which may beavailable to such children and their families.

(c) Acceptgifts or donations on behalf of the Clearinghouse which must be accounted forseparately and used by the Director in carrying out the provisions of NRS 432.150 to 432.220, inclusive.

(d) Enter intoagreements with regional and national organizations for assistance and exchangeof information concerning missing or exploited children.

(e) Assist inthe investigation of children who are reported missing in this state or who arereported abducted or taken from this state.

4. TheDirector may provide the materials, publications and instructional aidsidentified in paragraph (a) of subsection 3 to any other person or governmentalagency for a reasonable fee not to exceed the cost of preparing the materials.

5. The Director shall, upon request, provide records regardinga missing child to the State Disaster Identification Team of the Division ofEmergency Management of the Department of Public Safety.

(Added to NRS by 1985, 2165; A 1993, 1374; 1997,3264; 1999, 1256,3133; 2001, 2610)

NRS 432.180 Annualreport of Attorney General to be submitted to Governor and Legislative CounselBureau concerning missing or exploited children. TheAttorney General shall, on or before January 31 of each year, prepare and submita report to the Governor and the Director of the Legislative Counsel Bureau concerningprograms of information about missing or exploited children in this state andthe identification and investigation of cases involving missing or exploitedchildren. The Director of the Legislative Counsel Bureau shall make the reportavailable to each Senator and Assemblyman.

(Added to NRS by 1985, 2166; A 1993, 1375)

NRS 432.185 Lawenforcement agency: Required to act promptly in obtaining certain warrants. A law enforcement agency shall act promptly in obtaining awarrant for the arrest of any person it has probable cause to believe iscriminally responsible for the disappearance of a missing child.

(Added to NRS by 1991, 1420)

NRS 432.190 Lawenforcement agency: Delay before action on report of missing child prohibited;evaluation of information. A law enforcementagency shall not adopt a general policy establishing a waiting period or delaybefore acting upon any report of a missing child under the age of 14. The lawenforcement agency which receives the initial report on the missing child shallevaluate all information available to that agency and the circumstancessurrounding the disappearance of the child to determine whether immediateaction is necessary.

(Added to NRS by 1985, 2166)

NRS 432.200 Dutiesof law enforcement agency receiving report of missing child; request for anduse of identifying information; notification that child is found or returned.

1. A law enforcement agency shall accept every reportof a missing child which is submitted to the agency, including, but not limitedto, a report made by telephone. Upon receipt of such a report, the agency shallimmediately conduct a preliminary investigation and classify the cause of thedisappearance of the child as runaway, abducted by his parent, abducted bya stranger or cause of disappearance unknown, and shall:

(a) Transmit all available information about the childto the Clearinghouse and to the Central Repository for Nevada Records ofCriminal History within 36 hours after the report is received;

(b) Immediately notify such persons and make suchinquiries concerning the missing child as the agency deems necessary;

(c) Fully comply with the requirements of the NationalChild Search Assistance Act of 1990, Title XXXVII of Public Law 101-647, 104Stat. 4966; and

(d) Enter into the National Crime Information CentersMissing Person File and the Repository for Information Concerning MissingPersons within the Central Repository for Nevada Records of Criminal History,as miscellaneous information, any person reasonably believed to have unlawfullyabducted or detained the missing child, or aided or abetted the unlawfulabduction or detention.

2. A law enforcement agency which has jurisdictionover the investigation of an abducted child and which has obtained a warrantfor the arrest of a person suspected in the childs disappearance orconcealment shall immediately notify the National Crime Information Center forthe entry into the Centers Wanted Person File of identifying and descriptiveinformation concerning:

(a) The suspect; and

(b) As miscellaneous information, the missing child.

The agencyshall cross-reference information entered pursuant to this section with theNational Crime Information Centers Missing Person File and with the Repositoryfor Information Concerning Missing Persons within the Central Repository forNevada Records of Criminal History.

3. If a missing child is less than 16 years of age orhas not been located within 30 days after a report is filed, the lawenforcement agency that received the initial report shall, and the Division orthe Central Repository for Nevada Records of Criminal History may:

(a) Send to the childs parent or guardian a requestfor certain identifying information regarding the child that the National CrimeInformation Center recommends be provided; and

(b) Ask the childs parent or guardian to provide suchidentifying information regarding the child.

If a lawenforcement agency receives the identifying information, it shall transmit allinformation so released to it to the Division and to the Central Repository.The Division and the Central Repository shall, upon receipt of the identifyinginformation about the missing child, compare the information with theinformation that is on file concerning unidentified deceased children. Thissubsection does not preclude the voluntary release of identifying informationabout the missing child by his parent or guardian at any time.

4. The parent or guardian of a child reported asmissing shall promptly notify the appropriate law enforcement agency if thechild is found or returned. The law enforcement agency shall then transmit thatfact to the National Crime Information Center, the Central Repository forNevada Records of Criminal History and the Clearinghouse.

5. Nothing inthis section requires a law enforcement agency to activate the Statewide AlertSystem for the Safe Return of Abducted Children created by NRS 432.340.

6. As used in this section, Division means theInvestigation Division of the Department of Public Safety.

(Added to NRS by 1985, 2166; A 1989, 1994; 1991,1420; 1993, 1375; 1995, 56; 1997, 1538; 2001, 2611; 2003, 395)

NRS 432.205 Dutiesof law enforcement agency, Clearinghouse, governmental agency andsuperintendent of schools upon receiving report of missing child.

1. A law enforcement agency, upon receiving andverifying a report of a missing child, other than a child who has run away,shall immediately transmit the full contents of the report by the fastest meansavailable to the Clearinghouse.

2. The Clearinghouse shall, upon receipt of thereport, immediately notify any governmental agency in possession of the birthcertificate of the child and the superintendent of schools of the schooldistrict in possession of the educational records of the child that the childis missing.

3. Upon receiving such notification, the agency orsuperintendent shall:

(a) Maintain the birth certificate or educationalrecords in such a manner as to ensure that the Clearinghouse is notifiedimmediately if a request is made for the birth certificate or educationalrecords.

(b) Immediately notify the Clearinghouse upon receivingany such request before releasing the birth certificate or educational records,including notification of the identity and location or address of the personmaking the request.

(c) Not disclose to the person making the request anycommunication with the Clearinghouse or the fact that a communication must bemade.

(Added to NRS by 1991, 1419; A 1993, 1376)

NRS 432.210 Cooperationwith Attorney General of United States concerning missing children.

1. The Attorney General and every law enforcementagency in this state shall cooperate with the Attorney General of the UnitedStates in the collection of information that would assist in the identificationof an unidentified deceased child and the location of any missing childpursuant to 28 U.S.C. 534.

2. Law enforcement agencies in this state that areinvestigating a case involving a missing child shall use the records andinformation compiled by the Attorney General of the United States pursuant to28 U.S.C. 534 when necessary.

(Added to NRS by 1985, 2167)

NRS 432.220 Agreementwith Secretary of United States Department of Health and Human Servicesconcerning absent parent or child. The AttorneyGeneral shall enter into an agreement with the Secretary of Health and Human Services,as authorized by 42 U.S.C. 663, under which the services of the Parent LocatorService established pursuant to 42 U.S.C. 653 are made available to determinethe whereabouts of any absent parent or child in order to enforce a law withrespect to the unlawful taking or restraint of a child or to make or enforce adetermination of the custody of a child.

(Added to NRS by 1985, 2167)

STATEWIDE ALERT SYSTEM FOR THE SAFE RETURN OF ABDUCTEDCHILDREN

NRS 432.300 Definitions. As used in NRS 432.300to 432.380, inclusive, the words andterms defined in NRS 432.310, 432.320 and 432.330 have the meanings ascribed to themin those sections.

(Added to NRS by 2003, 393)

NRS 432.310 Broadcasterdefined. Broadcaster means a radio broadcastingstation, cable operator or television broadcasting station primarily engagedin, and deriving income from, the business of facilitating speech viaover-the-air communications, both as to pure speech and commercial speech.

(Added to NRS by 2003, 393)

NRS 432.320 Committeedefined. Committee means the Committee forthe Statewide Alert System created by NRS432.350.

(Added to NRS by 2003, 393)

NRS 432.330 Systemdefined. System means the Statewide Alert Systemfor the Safe Return of Abducted Children created by NRS 432.340.

(Added to NRS by 2003, 393)

NRS 432.340 Creation;composition; administration; requirements for participation in System.

1. There is hereby created the Statewide Alert Systemfor the Safe Return of Abducted Children, which is composed of a voluntarypartnership among state law enforcement agencies, local law enforcementagencies and broadcasters to assist in the search for and safe return ofabducted children. The Childrens Advocate appointed pursuant to NRS 432.157 shall administer the System.

2. The agencies and broadcasters that choose toparticipate in the System must agree to comply with the provisions of NRS 432.300 to 432.380, inclusive, and any requirementsprescribed by the Committee for participation in the System.

3. Each law enforcement agency that chooses toparticipate in the System shall:

(a) Adopt a written policy concerning activation of theSystem by the agency consistent with the provisions of NRS 432.300 to 432.380, inclusive; and

(b) Submit a copy of the written policy to theChildrens Advocate appointed pursuant to NRS432.157.

(Added to NRS by 2003, 393)

NRS 432.350 Committeefor the Statewide Alert System: Creation; membership; Chairman and ViceChairman; terms; vacancies; members serve without compensation.

1. There is hereby created the Committee for theStatewide Alert System consisting of 12 members as follows:

(a) Five members appointed by the Governor whorepresent local law enforcement agencies;

(b) Five members appointed by the Governor whorepresent state law enforcement agencies;

(c) One representative of this states Emergency AlertSystem, appointed by the Nevada Broadcasters Association or its successor; and

(d) One representative of the Nevada BroadcastersAssociation or its successor, appointed by that Association.

2. The Governor shall select a Chairman and ViceChairman of the Committee.

3. After the initial terms, each member of theCommittee serves a term of 3 years, commencing on July 1 of each odd-numberedyear. A vacancy on the Committee must be filled in the same manner as theoriginal appointment.

4. Members of the Committee serve without salary orcompensation for their travel or per diem expenses.

(Added to NRS by 2003, 394)

NRS 432.360 Committeefor the Statewide Alert System: Duties; powers.

1. The Committee shall, in consultation with theAttorney General:

(a) Oversee the System;

(b) Set forth the components of the System;

(c) Supervise and evaluate any training associated withthe System;

(d) Monitor, review and evaluate the activations of theSystem to determine whether such activations complied with NRS 432.300 to 432.380, inclusive; and

(e) Conduct periodic tests of the System.

2. The Committee may:

(a) Dedicate the System to one or more persons;

(b) Establish a name for the System that is in additionto the definition set forth in NRS 432.330;and

(c) Accept gifts, grants and donations for use incarrying out the provisions of NRS 432.300to 432.380, inclusive.

(Added to NRS by 2003, 394)

NRS 432.370 Activationby law enforcement agency to broadcast emergency bulletin on behalf of abductedchild; review of completed activation by Committee for the Statewide AlertSystem.

1. A law enforcement agency which has jurisdictionover the investigation of an abducted child who is less than 18 years of agemay activate the System to broadcast an emergency bulletin on behalf of thechild if:

(a) The law enforcement agency confirmed that the childhas been abducted;

(b) The child is in danger of serious physical harm ordeath; and

(c) The law enforcement agency has sufficientdescriptive information about the child or the person who is suspected ofabducting the child, or other pertinent information, to warrant immediatebroadcast of the information.

2. Before activation of the System on behalf of achild, the law enforcement agency shall determine whether the broadcast ofinformation will encompass:

(a) A particular county, region or state; or

(b) More than one state.

3. A law enforcement agency is not required to obtainthe prior consent of the Committee before activating the System, but theCommittee may review an activation of the System after the activation iscomplete.

(Added to NRS by 2003, 394)

NRS 432.380 Immunityof broadcaster from civil liability based on broadcast of information; immunityof person who establishes or maintains website for System from civil liabilitybased on information placed on website.

1. If a broadcaster that participates in the Systemreceives a notification of activation of the System by a law enforcement agencyconcerning an abducted child and as a result of that notification broadcastsdescriptive information concerning the abducted child and other informationcontained in the notification to assist with the safe return of the child, thebroadcaster is immune from civil liability based upon the broadcast of thatinformation.

2. If a person enters into an agreement with theCommittee to establish or maintain a website for the System and the agreementprovides that only the law enforcement agency activating the System has theauthority or ability to place information on the website, the person is immunefrom civil liability based upon the information that is placed on the websiteby the law enforcement agency.

(Added to NRS by 2003, 395)

 

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