2005 Nevada Revised Statutes - Chapter 432B — Protection of Children From Abuse and Neglect

CHAPTER 432B - PROTECTION OF CHILDREN FROMABUSE AND NEGLECT

GENERAL PROVISIONS

NRS 432B.010 Definitions.

NRS 432B.020 Abuseor neglect of a child defined.

NRS 432B.030 Agencywhich provides child welfare services defined.

NRS 432B.040 Childdefined.

NRS 432B.044 Childwelfare services defined.

NRS 432B.050 Courtdefined.

NRS 432B.060 Custodiandefined.

NRS 432B.065 Divisionof Child and Family Services defined.

NRS 432B.067 Indianchild defined.

NRS 432B.068 IndianChild Welfare Act defined.

NRS 432B.070 Mentalinjury defined.

NRS 432B.080 Parentdefined.

NRS 432B.090 Physicalinjury defined.

NRS 432B.100 Sexualabuse defined.

NRS 432B.110 Sexualexploitation defined.

NRS 432B.121 Definitionof when person has reasonable cause to believe and when person acts as soonas reasonably practicable.

NRS 432B.130 Personsresponsible for childs welfare.

NRS 432B.140 Negligenttreatment or maltreatment.

NRS 432B.150 Excessivecorporal punishment may constitute abuse or neglect.

NRS 432B.153 Presumptionsconcerning custody and visitation when parent of child is convicted of firstdegree murder of other parent of child.

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

NRS 432B.160 Immunityfrom civil or criminal liability; presumption.

NRS 432B.170 Authorityof agency which provides child welfare services to share information with stateor local agencies.

ADMINISTRATION

NRS 432B.180 Dutiesof Division of Child and Family Services.

NRS 432B.190 Regulationsto be adopted by Division of Child and Family Services. [Effective through June30, 2006.]

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

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

NRS 432B.200 Toll-freetelephone number for reports of abuse or neglect.

NRS 432B.210 State,political subdivisions and agencies to cooperate with agencies which providechild welfare services.

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

REPORTS OF ABUSE OR NEGLECT; REPORTS OF PRENATAL ILLEGALSUBSTANCE ABUSE

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

NRS 432B.230 Methodof making report; contents.

NRS 432B.240 Penaltyfor failure to make report.

NRS 432B.250 Personsrequired to report prohibited from invoking certain privileges.

NRS 432B.255 Admissibilityof evidence.

NRS 432B.260 Actionupon receipt of report; agency which provides child welfare services requiredto inform person named in report of allegation of abuse or neglect if report isinvestigated.

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

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

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

NRS 432B.300 Determinationsto be made by investigation of report.

NRS 432B.310 Reportto Central Registry of abuse or neglect required upon completion ofinvestigation; report to Central Registry of prenatal illegal substance abuseor withdrawal symptoms resulting from prenatal drug exposure only required ifchild has been abused or neglected.

NRS 432B.320 Waiverof full investigation of report.

PROTECTIVE SERVICES AND CUSTODY

NRS 432B.325 Countywhose population is 100,000 or more to provide protective services for childrenin county.

NRS 432B.330 Circumstancesunder which child is or may be in need of protection.

NRS 432B.340 Determinationthat child needs protection but is not in imminent danger.

NRS 432B.350 Teamsfor protection of child.

NRS 432B.360 Voluntaryplacement of child with agency or institution; regulations.

NRS 432B.370 Determinationthat child is not in need of protection.

NRS 432B.380 Referralof case to district attorney for criminal prosecution; recommendation to filepetition.

NRS 432B.390 Placementof child in protective custody.

NRS 432B.391 Agencywhich provides child welfare services or designee authorized to conductpreliminary Federal Bureau of Investigation name-based check of background ofadult resident of home in which child will be placed in emergency situation;person investigated to supply fingerprints; exchange of information; removal ofchild from home upon refusal to supply fingerprints.

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

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

NRS 432B.396 Establishmentof panel to evaluate extent to which agencies which provide child welfareservices are effectively discharging their responsibilities; regulations; civilpenalties.

NRS 432B.397 Inquiryto determine whether child is Indian child; report to court; training regardingrequirements of Indian Child Welfare Act.

NRS 432B.400 Temporarydetention of child by physician or person in charge of hospital or similarinstitution.

NRS 432B.403 Purposeof organizing child death review teams.

NRS 432B.405 Organizationof child death review teams.

NRS 432B.406 Compositionof child death review teams.

NRS 432B.407 Informationavailable to child death review teams; sharing of certain information; subpoenato obtain information; confidentiality of information.

NRS 432B.408 Administrativeteam 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 Exclusiveoriginal jurisdiction; action does not preclude prosecution.

NRS 432B.420 Rightof parent or other responsible person to representation by attorney; authorityof court to appoint attorney to represent child; authority and rights ofchilds attorney; compensation of attorney; appointment of attorney as guardianad litem.

NRS 432B.425 Notificationof tribe if proceedings involve Indian child; transfer of proceedings to Indianchilds tribe; exercise of jurisdiction by court.

NRS 432B.430 Restrictionon admission of persons to proceedings.

NRS 432B.440 Assistanceby agency which provides child welfare services.

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

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

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

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

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

NRS 432B.460 Courtsnot deprived of right to determine custody or guardianship.

NRS 432B.465 Fullfaith and credit to judicial proceedings of Indian tribe.

NRS 432B.4655 Joinderof governmental entity or other person to certain proceedings to enforce legalobligation of such entity or person.

 

Permanent Placement With Guardian

NRS 432B.466 Petitionfor appointment of guardian; notice.

NRS 432B.4665 Appointmentof guardian; powers and duties of and limitations on guardian; effect ofguardianship; length of guardianship.

NRS 432B.467 Considerationof evidence in determining whether to appoint guardian; right of visitation tocertain persons.

NRS 432B.4675 Effectof entry of final order establishing guardianship.

NRS 432B.468 Enforcement,modification and termination of guardianship; appointment of successorguardian.

 

Hearing on Protective Custody

NRS 432B.470 Hearingrequired; notice.

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

NRS 432B.490 Procedurefollowing hearing or investigation.

 

Hearing on Need of Protection for Child

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

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

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

NRS 432B.513 Copyof report or information required to be provided to parent or guardian beforecertain proceedings.

NRS 432B.515 Electronicfiling of certain petitions and reports.

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

NRS 432B.530 Adjudicatoryhearing on petition; disposition.

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

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

NRS 432B.553 Planfor permanent placement of child.

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

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

NRS 432B.570 Motionfor revocation or modification of order.

NRS 432B.580 Semiannualreview by court of placement of child.

NRS 432B.585 Appointmentof panel to conduct semiannual review.

NRS 432B.590 Annualhearing on disposition of case; when presumption that best interests of childwill be served by termination of parental rights arises.

ADVISORY BOARDS TO EXPEDITE PROCEEDINGS FOR PLACEMENT OFCHILDREN

NRS 432B.602 RuralAdvisory Board to Expedite Proceedings for Placement of Children: Creation;terms; vacancies; members serve without compensation; duties. [Effective uponthe Division of Child and Family Services of the Department of Health and HumanServices being notified of the creation of three or more local advisory boardsto expedite proceedings for the placement of children pursuant to NRS 432B.604.]

NRS 432B.604 Localadvisory boards to expedite proceedings for placement of children: Creation;members; terms; vacancies; members serve without compensation; duties.

NRS 432B.606 Referralof case by court to local advisory board.

COURT-ORDERED ADMISSION OFCERTAIN EMOTIONALLY DISTURBED CHILDREN TO CERTAIN FACILITIES

NRS 432B.607 Definitions.

NRS 432B.6071 Emotionallydisturbed child defined.

NRS 432B.6072 Facilitydefined.

NRS 432B.6073 Personprofessionally qualified in the field of psychiatric mental health defined.

NRS 432B.6074 Treatmentdefined.

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

NRS 432B.6076 Findingsand order; alternative courses of treatment.

NRS 432B.6077 Petitionrequired before child may be placed in facility other than under emergencyadmission; psychological examination of child required under certaincircumstances; placement in less restrictive environment; any person may opposepetition.

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

NRS 432B.6079 Considerationsfor court in issuing or renewing order.

NRS 432B.608 Expirationand renewal of admission.

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

NRS 432B.6082 Personalrights.

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

NRS 432B.6084 Releasewithout further order of court; early release.

NRS 432B.6085 Childrensrights; application of various provisions of chapter433 of NRS and all of chapters 433A and 433B of NRS to children in custody of agencywhich provides child welfare services.

SEXUAL ABUSE OR SEXUAL EXPLOITATION OF CHILDREN UNDER AGE OF18 YEARS

NRS 432B.610 Trainingof certain peace officers for detection and investigation of and response tocases of sexual abuse or sexual exploitation of children; regulations.

NRS 432B.620 Certificationof peace officers who regularly investigate cases of sexual abuse or sexualexploitation of children; regulations.

MISCELLANEOUS PROVISIONS

NRS 432B.630 Deliveryof newborn child to provider of emergency services.

NRS 432B.640 Assessmentof child who may need counseling as result of battery that constitutes domesticviolence; provision of evaluation or counseling.

_________

GENERAL PROVISIONS

NRS 432B.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS432B.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 Abuseor neglect of a child defined.

1. Abuse or neglect of a child means, except asotherwise provided in subsection 2:

(a) Physical or mental injury of a nonaccidentalnature;

(b) Sexual abuse or sexual exploitation; or

(c) Negligent treatment or maltreatment as set forth inNRS 432B.140,

of a childcaused or allowed by a person responsible for his welfare under circumstanceswhich indicate that the childs health or welfare is harmed or threatened withharm.

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

(a) Parent delivers the child to a provider ofemergency services pursuant to NRS432B.630, if the parent complies with the requirements of paragraph (a) ofsubsection 3 of that section; or

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

3. As used in this section, allow means to donothing to prevent or stop the abuse or neglect of a child in circumstanceswhere the person knows or has reason to know that a child is abused orneglected.

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

NRS 432B.030 Agencywhich provides child welfare services defined. Agencywhich 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,

whichprovides or arranges for necessary child welfare services.

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

NRS 432B.040 Childdefined. Child means a person under the ageof 18 years.

(Added to NRS by 1985, 1369)

NRS 432B.044 Childwelfare services defined. Child welfareservices includes, without limitation:

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

2. Foster care services, including, withoutlimitation, 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 Courtdefined. Court has the meaning ascribed toit in NRS 62A.180.

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

NRS 432B.060 Custodiandefined. Custodian means a person or agovernmental organization, other than a parent or legal guardian, who has beenawarded legal custody of a child.

(Added to NRS by 1985, 1369)

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

(Added to NRS by 1993, 2705)

NRS 432B.067 Indianchild defined. Indian child has the meaningascribed to it in 25 U.S.C. 1903.

(Added to NRS by 1995, 786)

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

(Added to NRS by 1995, 786)

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

(Added to NRS by 1985, 1369)

NRS 432B.080 Parentdefined. Parent means a natural or adoptiveparent whose parental rights have not been terminated.

(Added to NRS by 1985, 1369)

NRS 432B.090 Physicalinjury 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 anotherinternal 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 partor organ of the body.

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

NRS 432B.100 Sexualabuse defined. Sexual abuse includes actsupon a child constituting:

1. Incest under NRS201.180;

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 thegenitalia of a female child, or removal of a female child from this State forthe 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 Sexualexploitation defined. Sexual exploitation includesforcing, 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 performancebefore an audience,

whichinvolves the exhibition of a childs genitals or any sexual conduct with achild, as defined in NRS 200.700.

(Added to NRS by 1985, 1369)

NRS 432B.121 Definitionof when person has reasonable cause to believe and when person acts as soonas reasonably practicable. For the purposesof this chapter, a person:

1. Has reasonable cause to believe if, in light ofall the surrounding facts and circumstances which are known or which reasonablyshould be known to the person at the time, a reasonable person would believe,under those facts and circumstances, that an act, transaction, event, situationor condition exists, is occurring or has occurred.

2. Acts as soon as reasonably practicable if, inlight of all the surrounding facts and circumstances which are known or whichreasonably should be known to the person at the time, a reasonable person wouldact within approximately the same period under those facts and circumstances.

(Added to NRS by 1999, 3526)

NRS 432B.130 Personsresponsible for childs welfare. A person is responsiblefor a childs welfare under the provisions of this chapter if he is the childsparent, guardian, a stepparent with whom the child lives, an adult personcontinually or regularly found in the same household as the child, or a persondirectly responsible or serving as a volunteer for or employed in a public orprivate home, institution or facility where the child actually resides or isreceiving 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 Negligenttreatment or maltreatment. Negligent treatmentor maltreatment of a child occurs if a child has been abandoned, is withoutproper care, control and supervision or lacks the subsistence, education,shelter, medical care or other care necessary for the well-being of the childbecause of the faults or habits of the person responsible for his welfare orhis neglect or refusal to provide them when able to do so.

(Added to NRS by 1985, 1370)

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

(Added to NRS by 1985, 1370)

NRS 432B.153 Presumptionsconcerning custody and visitation when parent of child is convicted of firstdegree murder of other parent of child.

1. The conviction of the parent of a child for murderof the first degree of the other parent of the child creates a rebuttablepresumption that sole or joint custody of the child by the convicted parent isnot in the best interest of the child. The rebuttable presumption may beovercome only if:

(a) The court determines that:

(1) There is no other suitable guardian for thechild;

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

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

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

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

(a) The court determines that:

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

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

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

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

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

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

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

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

(b) Findings that the custody or visitation arrangementordered by the court adequately protects the child and the parent or othervictim of domestic violence who resided with the child.

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

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

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

(c) The likelihood of future injury;

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

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

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

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

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

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

4. As used in this section, domestic violence meansthe commission of any act described in NRS33.018.

(Added to NRS by 1999, 743)

NRS 432B.160 Immunityfrom civil or criminal liability; presumption.

1. Except asotherwise provided in subsection 2, immunity from civil or criminal liabilityextends to every person who in good faith:

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

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

(c) Allows ortakes photographs or X rays pursuant to NRS432B.270;

(d) Causes amedical test to be performed pursuant to NRS432B.270;

(e) Provides arecord, or a copy thereof, of a medical test performed pursuant to NRS 432B.270 to an agency which provideschild welfare services to the child, a law enforcement agency that participatedin the investigation of the report made pursuant to NRS 432B.220 or the prosecutingattorneys office;

(f) Holds achild pursuant to NRS 432B.400, takespossession of a child pursuant to NRS432B.630 or places a child in protective custody pursuant to any provisionof this chapter;

(g) Performsany act pursuant to subsection 2 of NRS432B.630;

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

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

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

3. In anyproceeding to impose liability against a person for:

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

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

there is a presumption that theperson 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 Authorityof agency which provides child welfare services to share information with stateor local agencies. Nothing in the provisionsof this chapter or NRS 432.0999 to 432.130, inclusive, prohibits an agencywhich provides child welfare services from sharing information with other stateor local agencies if:

1. The purpose for sharing the information is for thedevelopment of a plan for the care, treatment or supervision of a child who hasbeen abused or neglected, or an infant who is born and has been affected byprenatal illegal substance abuse or has withdrawal symptoms resulting fromprenatal drug exposure or of a person responsible for the childs or infantswelfare;

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

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

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

ADMINISTRATION

NRS 432B.180 Dutiesof Division of Child and Family Services. TheDivision of Child and Family Services shall:

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

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

3. Provide child welfare services directly or arrangefor the provision of those services in a county whose population is less than100,000.

4. Coordinate its activities with and assist theefforts of any law enforcement agency, a court of competent jurisdiction, anagency which provides child welfare services and any public or privateorganization which provides social services for the prevention, identificationand treatment of abuse or neglect of children and for permanent placement ofchildren.

5. Involve communities in the improvement of childwelfare services.

6. Evaluate all child welfare services providedthroughout the State and withhold money from any agency providing child welfareservices which is not complying with the regulations adopted by the Division ofChild and Family Services.

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

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

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

NRS 432B.190 Regulationsto be adopted by Division of Child and Family Services. [Effective through June30, 2006.] The Division of Child and FamilyServices shall, in consultation with each agency which provides child welfareservices, adopt:

1. Regulations establishing reasonable and uniformstandards for:

(a) Child welfare services provided in this State;

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

(c) The development of local councils involving publicand private organizations;

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

(e) Carrying out the provisions of NRS 432B.260, including, withoutlimitation, the qualifications of persons with whom agencies which providechild welfare services enter into agreements to provide services to childrenand families;

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

(g) The protection of the legal rights of parents andchildren;

(h) Emergency shelter for a child;

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

(j) Evaluating the development and contents of a plansubmitted for approval pursuant to NRS432B.395;

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

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

2. Such other regulations as are necessary for theadministration 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 Divisionof Child and Family Services. [Effective July 1, 2006.] The Division of Child and Family Services shall, inconsultation with each agency which provides child welfare services, adopt:

1. Regulations establishing reasonable and uniformstandards for:

(a) Child welfare services provided in this State;

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

(c) The development of local councils involving publicand private organizations;

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

(e) Carrying out the provisions of NRS 432B.260, including, withoutlimitation, the qualifications of persons with whom agencies which providechild welfare services enter into agreements to provide services to childrenand families;

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

(g) The protection of the legal rights of parents andchildren;

(h) Emergency shelter for a child;

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

(j) Evaluating the development and contents of a plansubmitted for approval pursuant to NRS432B.395;

(k) Developing and distributing to persons who areresponsible for a childs welfare a pamphlet that is written in language whichis easy to understand, is available in English and in any other language theDivision determines is appropriate based on the demographic characteristics ofthis State and sets forth:

(1) Contact information regarding persons andgovernmental entities which provide assistance to persons who are responsiblefor the welfare of children, including, without limitation, persons andentities which provide assistance to persons who are being investigated forallegedly abusing or neglecting a child;

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

(3) The state and federal legal rights of:

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

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

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

2. Such other regulations as are necessary for theadministration 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, effectiveJuly 1, 2006)

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

1. An agency which provides child welfare servicesshall provide training to each person who is employed by the agency and whoprovides child welfare services. Such training must include, withoutlimitation, instruction concerning the applicable state and federalconstitutional and statutory rights of a person who is responsible for achilds welfare and who is:

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

(b) A party to a proceeding concerning the allegedabuse or neglect of a child pursuant to NRS432B.410 to 432B.590, inclusive.

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

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

NRS 432B.200 Toll-freetelephone number for reports of abuse or neglect. TheDivision of Child and Family Services shall establish and maintain a centerwith a toll-free telephone number to receive reports of abuse or neglect of achild in this State 24 hours a day, 7 days a week. Any reports made to thiscenter must be promptly transmitted to the agency which provides child welfareservices 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 providechild welfare services. An agency whichprovides child welfare services must receive from the State, any of itspolitical subdivisions or any agency of either, any cooperation, assistance andinformation it requests in order to fulfill its responsibilities under thischapter and NRS 432.0999 to 432.130, inclusive.

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

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

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

2. The agency which provides child welfare servicesmay use the information obtained pursuant to subsection 1 only for the limitedpurpose 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 ILLEGALSUBSTANCE ABUSE

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

1. Any person who is described in subsection 4 andwho, in his professional or occupational capacity, knows or has reasonablecause 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 childwelfare services or to a law enforcement agency; and

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

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

(a) A person directly responsible or serving as a volunteerfor or an employee of a public or private home, institution or facility wherethe 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 ora law enforcement agency, the person shall make the report to an agency otherthan the one alleged to have committed the act or omission, and theinvestigation of the abuse or neglect of the child must be made by an agencyother than the one alleged to have committed the act or omission.

3. Any person who is described in paragraph (a) ofsubsection 4 who delivers or provides medical services to a newborn infant andwho, in his professional or occupational capacity, knows or has reasonablecause to believe that the newborn infant has been affected by prenatal illegalsubstance abuse or has withdrawal symptoms resulting from prenatal drugexposure shall, as soon as reasonably practicable but not later than 24 hoursafter the person knows or has reasonable cause to believe that the newborn infantis so affected or has such symptoms, notify an agency which provides childwelfare services of the condition of the infant and refer each person who isresponsible for the welfare of the infant to an agency which provides childwelfare services for appropriate counseling, training or other services. Anotification and referral to an agency which provides child welfare servicespursuant to this subsection shall not be construed to require prosecution forany illegal action.

4. A report must be made pursuant to subsection 1 bythe 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 technicianor other person providing medical services licensed or certified in this State.

(b) Any personnel of a hospital or similar institutionengaged in the admission, examination, care or treatment of persons or anadministrator, manager or other person in charge of a hospital or similarinstitution upon notification of suspected abuse or neglect of a child by amember of the staff of the hospital.

(c) A coroner.

(d) A clergyman, practitioner of Christian Science orreligious healer, unless he has acquired the knowledge of the abuse or neglectfrom 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 afacility or establishment that provides care for children, childrens camp orother public or private facility, institution or agency furnishing care to achild.

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

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

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

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

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

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

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

6. If a person who is required to make a reportpursuant to subsection 1 knows or has reasonable cause to believe that a childhas died as a result of abuse or neglect, the person shall, as soon asreasonably practicable, report this belief to the appropriate medical examineror coroner, who shall investigate the report and submit to an agency whichprovides child welfare services his written findings. The written findings mustinclude, if obtainable, the information required pursuant to the provisions ofsubsection 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 Methodof making report; contents.

1. A person may make a report pursuant to NRS 432B.220 by telephone or, in light ofall the surrounding facts and circumstances which are known or which reasonablyshould be known to the person at the time, by any other means of oral, writtenor electronic communication that a reasonable person would believe, under thosefacts and circumstances, is a reliable and swift means of communicatinginformation to the person who receives the report. If the report is madeorally, the person who receives the report must reduce it to writing as soon asreasonably 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 childs parents orother person responsible for his care;

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

(d) Any evidence of previously known or suspected:

(1) Abuse or neglect of the child or the childssiblings; or

(2) Effects of prenatal illegal substance abuseon or evidence of withdrawal symptoms resulting from prenatal drug exposure ofthe newborn infant;

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

(f) Any other information known to the person makingthe report that the agency which provides child welfare services considersnecessary.

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

NRS 432B.240 Penaltyfor failure to make report. Any person who knowinglyand willfully violates the provisions of NRS432B.220 is guilty of a misdemeanor.

(Added to NRS by 1985, 1373)

NRS 432B.250 Persons required to report prohibitedfrom invoking certain privileges. Any personwho is required to make a report pursuant to NRS 432B.220 may not invoke any of theprivileges 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 childwelfare 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 Admissibilityof evidence. In any proceeding resulting froma report made or action taken pursuant to the provisions of NRS 432B.220, 432B.230 or 432B.340 or in any proceeding where suchreport or the contents thereof is sought to be introduced in evidence, suchreport or contents or any other fact or facts related thereto or to thecondition of the child who is the subject of the report shall not be excludedon the ground that the matter would otherwise be privileged against disclosureunder chapter 49 of NRS.

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

NRS 432B.260 Actionupon receipt of report; agency which provides child welfare services requiredto inform person named in report of allegation of abuse or neglect if report isinvestigated.

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

2. Upon receipt of a report concerning thepossible abuse or neglect of a child, an agency which provides child welfareservices or a law enforcement agency shall immediately initiate aninvestigation 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 anotherchild has died, or the child is seriously injured or has visible signs ofphysical abuse.

3. Except as otherwise provided in subsection 2, uponreceipt of a report concerning the possible abuse or neglect of a child ornotification from a law enforcement agency that the law enforcement agency hasreceived such a report, an agency which provides child welfare services shallconduct an evaluation not later than 3 days after the report or notificationwas received to determine whether an investigation is warranted. For thepurposes 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 anyuntreated injury, illness or other physical, mental or emotional condition thatthreatens his immediate health or safety;

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

(d) The agency determines that the:

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

(2) Corporal punishment so administered was notso excessive as to constitute abuse or neglect as described in NRS 432B.150.

4. If the agency determines that an investigation iswarranted, the agency shall initiate the investigation not later than 3 daysafter the evaluation is completed.

5. If an agency which provides child welfare servicesinvestigates a report of alleged abuse or neglect of a child pursuant to NRS 432B.010 to 432B.400, inclusive, the agency shallinform the person responsible for the childs welfare who is named in thereport as allegedly causing the abuse or neglect of the child of any allegationwhich is made against the person at the initial time of contact with the personby the agency. The agency shall not identify the person responsible forreporting the alleged abuse or neglect.

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

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

(b) Conduct an assessment of the family of the child todetermine 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 intoa written agreement with the agency to make such an assessment.

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

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

8. An agency which provides child welfare servicesthat 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 anda law enforcement agency shall cooperate in the investigation, if any, of areport 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 Interviewof child; photographs, X rays and medical tests.

1. A designee of an agency investigating a report ofabuse or neglect of a child may, without the consent of and outside thepresence of any person responsible for the childs welfare, interview a childconcerning any possible abuse or neglect. The child may be interviewed at anyplace where he is found. The designee shall, immediately after the conclusionof the interview, if reasonably possible, notify a person responsible for thechilds welfare that the child was interviewed, unless the designee determinesthat such notification would endanger the child.

2. A designee of an agency investigating a report ofabuse or neglect of a child may, without the consent of the person responsiblefor a childs welfare:

(a) Take or cause to be taken photographs of thechilds 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 theperformance of any medical tests pursuant to subsection 2, the personresponsible for the childs welfare must be notified immediately, if reasonablypossible, unless the designee determines that the notification would endangerthe child. The reasonable cost of these photographs, X rays or medical testsmust be paid by the agency which provides child welfare services if money isnot otherwise available.

4. Any photographs or X rays taken or records of anymedical tests performed pursuant to subsection 2, or any medical recordsrelating to the examination or treatment of a child pursuant to this section,or copies thereof, must be sent to the agency which provides child welfareservices, the law enforcement agency participating in the investigation of thereport and the prosecuting attorneys office. Each photograph, X ray, result ofa medical test or other medical record:

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

(1) The name of the child;

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

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

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

(c) May be given to the childs parent or guardian ifhe pays the cost of duplicating them.

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

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

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

1. Reports made pursuant to this chapter, as well asall records concerning these reports and investigations thereof, areconfidential.

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

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

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

(c) As otherwise required pursuant to NRS 432B.513,

is guilty ofa misdemeanor.

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

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

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

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

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

(c) An agency, including, without limitation, an agencyin 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 ofthe child;

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

(e) A court, for in camera inspection only, unless thecourt determines that public disclosure of the information is necessary for thedetermination 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 availableto him;

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

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

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

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

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

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

(m) A parent or legal guardian of the child and anattorney of a parent or guardian of the child, if the identity of the personresponsible for reporting the alleged abuse or neglect of the child to a publicagency is kept confidential;

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

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

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

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

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

(q) The Division of Parole and Probation of theDepartment of Public Safety for use pursuant to NRS 176.135 in making a presentenceinvestigation and report to the district court or pursuant to NRS 176.151 in making a generalinvestigation and report;

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

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

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

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

2. Except asotherwise provided in subsection 3, data or information concerning reports andinvestigations thereof made pursuant to this chapter may be made available toany member of the general public if the child who is the subject of a reportdies or is critically injured as a result of alleged abuse or neglect, exceptthat the data or information which may be disclosed is limited to:

(a) The factthat a report of abuse or neglect has been made and, if appropriate, a factualdescription of the contents of the report;

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

(c) Such otherinformation as is authorized for disclosure by a court pursuant to subsection4.

3. An agencywhich provides child welfare services shall not disclose data or informationpursuant to subsection 2 if the agency determines that the disclosure is not inthe best interests of the child or if disclosure of the information would adverselyaffect any pending investigation concerning a report.

4. Uponpetition, a court of competent jurisdiction may authorize the disclosure ofadditional information to the public pursuant to subsection 2 if good cause isshown by the petitioner for the disclosure of the additional information.

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

(a) A copy of:

(1) Any statement made in writing to aninvestigator for the agency by the person named in the report as allegedlycausing the abuse or neglect of the child; or

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

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

6. An agency which provides child welfare servicesshall disclose the identity of a person who makes a report or otherwiseinitiates an investigation pursuant to this chapter if a court, after reviewingthe record in camera and determining that there is reason to believe that theperson 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 enforcementofficer initiating legal proceedings; or

(c) An employee of the Division of Parole and Probationof the Department of Public Safety making a presentence investigation andreport to the district court pursuant to NRS176.135 or making a general investigation and report pursuant to NRS 176.151,

who is givenaccess, pursuant to subsection 1 or 2, to information identifying the subjectsof a report and who makes this information public is guilty of a misdemeanor.

8. The Division of Child and Family Services shalladopt 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 Determinationsto be made by investigation of report. Exceptas otherwise provided in NRS 432B.260,an agency which provides child welfare services shall investigate each reportof abuse or neglect received or referred to it to determine:

1. The composition of the family, household orfacility, including the name, address, age, sex and race of each child named inthe report, any siblings or other children in the same place or under the careof the same person, the persons responsible for the childrens welfare and anyother adult living or working in the same household or facility;

2. Whether there is reasonable cause to believe anychild is abused or neglected or threatened with abuse or neglect, the natureand extent of existing or previous injuries, abuse or neglect and any evidencethereof, and the person apparently responsible;

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

4. The treatment and services which appear necessaryto help prevent further abuse or neglect and to improve his environment and theability of the person responsible for the childs welfare to care adequatelyfor him.

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

NRS 432B.310 Reportto Central Registry of abuse or neglect required upon completion ofinvestigation; report to Central Registry of prenatal illegal substance abuseor withdrawal symptoms resulting from prenatal drug exposure only required ifchild has been abused or neglected.

1. Except as otherwise provided in subsection 6 of NRS 432B.260, the agency investigating areport of abuse or neglect of a child shall, upon completing the investigation,report to the Central Registry:

(a) Identifying and demographic information on thechild alleged to be abused or neglected, his parents, any other personresponsible for his welfare and the person allegedly responsible for the abuseor neglect;

(b) The facts of the alleged abuse or neglect,including the date and type of alleged abuse or neglect, the manner in whichthe abuse was inflicted and the severity of the injuries; and

(c) The disposition of the case.

2. An agency which provides child welfare servicesshall not report to the Central Registry any information concerning a childidentified as being affected by prenatal illegal substance abuse or as havingwithdrawal symptoms resulting from prenatal drug exposure unless the agencydetermines that a person has abused or neglected the child.

3. As used in this section, Central Registry has themeaning 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 Waiverof full investigation of report.

1. An agency which provides child welfare services maywaive a full investigation of a report of abuse or neglect of a child made byanother agency or a person if, after assessing the circumstances, it issatisfied that:

(a) The person or other agency who made the report canprovide services to meet the needs of the child and the family, and this personor agency agrees to do so; and

(b) The person or other agency agrees in writing toreport periodically on the child and to report immediately any threat or harmto the childs welfare.

2. The agency which provides child welfare servicesshall supervise for a reasonable period the services provided by the person orother agency pursuant to subsection 1.

(Added to NRS by 1985, 1375; A 2001 Special Session,42)

PROTECTIVE SERVICES AND CUSTODY

NRS 432B.325 Countywhose population is 100,000 or more to provide protective services for childrenin county. Each county whose population is100,000 or more shall provide protective services for the children in thatcounty and pay the cost of those services. The services must be provided inaccordance with the standards adopted pursuant to NRS 432B.190.

(Added to NRS by 1987, 1439)

NRS 432B.330 Circumstancesunder 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 forhis welfare;

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

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

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

(e) He has been delivered to a provider of emergencyservices pursuant to NRS 432B.630.

2. A child may be in need of protection if the personresponsible for his welfare:

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

(b) Fails, although he is financially able to do so orhas been offered financial or other means to do so, to provide for thefollowing needs of the child:

(1) Food, clothing or shelter necessary for thechilds health or safety;

(2) Education as required by law; or

(3) Adequate medical care; or

(c) Has been responsible for the abuse or neglect of achild who has resided with that person.

3. A child may be in need of protection if the deathof a parent of the child is or may be the result of an act by the other parentthat constitutes domestic violence pursuant to NRS 33.018.

4. A child may be in need of protection if he isidentified as being affected by prenatal illegal substance abuse or as having withdrawalsymptoms resulting from prenatal drug exposure.

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

NRS 432B.340 Determinationthat child needs protection but is not in imminent danger.

1. If the agency which provides child welfare servicesdetermines that a child needs protection, but is not in imminent danger fromabuse or neglect, it may:

(a) Offer to the parents or guardian a plan forservices and inform him that the agency has no legal authority to compel him toaccept the plan but that it has the authority to petition the court pursuant toNRS 432B.490 or to refer the case tothe district attorney or a law enforcement agency; or

(b) File a petition pursuant to NRS 432B.490 and, if a child isadjudicated in need of protection, request that the child be removed from thecustody of his parents or guardian or that he remain at home with or withoutthe supervision of the court or of any person or agency designated by thecourt.

2. If the parent or guardian accepts the conditions ofthe plan offered by the agency pursuant to paragraph (a) of subsection 1, theagency may elect not to file a petition and may arrange for appropriateservices, including medical care, care of the child during the day, managementof 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 Teamsfor protection of child. An agency whichprovides child welfare services may organize one or more teams for protectionof a child to assist the agency in the evaluation and investigation of reportsof abuse or neglect of a child, diagnosis and treatment of abuse or neglect andthe coordination of responsibilities. Members of the team serve at theinvitation of the agency and must include representatives of otherorganizations concerned with education, law enforcement or physical or mental health.

(Added to NRS by 1985, 1376; A 2001 Special Session,43)

NRS 432B.360 Voluntaryplacement of child with agency or institution; regulations.

1. A parent or guardian of a child who is in need ofprotection may place the child with a public agency authorized to care forchildren or a private institution or agency licensed by the Department ofHealth and Human Services or a county whose population is 100,000 or more tocare for such children if:

(a) Efforts to keep the child in his own home havefailed; and

(b) The parents or guardian and the agency orinstitution voluntarily sign a written agreement for placement of the childwhich sets forth the rights and responsibilities of each of the parties to theagreement.

2. If a child is placed with an agency or institutionpursuant to subsection 1, the parent or guardian shall:

(a) If able, contribute to the support of the childduring his temporary placement;

(b) Inform the agency or institution of any change inhis address or circumstances; and

(c) Meet with a representative of the agency orinstitution and participate in developing and carrying out a plan for thepossible return of the child to his custody, the placement of the child with arelative or the eventual adoption of the child.

3. A parent or guardian who voluntarily agrees toplace a child with an agency or institution pursuant to subsection 1 isentitled to have the child returned to his physical custody within 48 hours ofa written request to that agency or institution. If that agency or institutiondetermines that it would be detrimental to the best interests of the child toreturn him to the custody of his parent or guardian, it shall cause a petitionto be filed pursuant to NRS 432B.490.

4. If the child has remained in temporary placementfor 6 consecutive months, the agency or institution shall:

(a) Immediately return the child to the physicalcustody 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 shalladopt 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 Determinationthat child is not in need of protection. If anagency which provides child welfare services determines that there is noreasonable cause to believe that a child is in need of protection, it shallproceed no further in that matter.

(Added to NRS by 1985, 1377; A 2001 Special Session,44)

NRS 432B.380 Referralof case to district attorney for criminal prosecution; recommendation to filepetition. If the agency which provides childwelfare services determines that further action is necessary to protect a childwho is in need of protection, as well as any other child under the same carewho may be in need of protection, it may refer the case to the districtattorney for criminal prosecution and may recommend the filing of a petitionpursuant to NRS 432B.490.

(Added to NRS by 1985, 1377; A 2001 Special Session,44)

NRS 432B.390 Placementof child in protective custody.

1. An agent orofficer of a law enforcement agency, an officer of the local juvenile probationdepartment or the local department of juvenile services, or a designee of anagency which provides child welfare services:

(a) May place achild in protective custody without the consent of the person responsible forthe childs welfare if he has reasonable cause to believe that immediate actionis necessary to protect the child from injury, abuse or neglect.

(b) Shall placea child in protective custody upon the death of a parent of the child, withoutthe consent of the person responsible for the welfare of the child, if theagent, officer or designee has reasonable cause to believe that the death ofthe parent of the child is or may be the result of an act by the other parentthat constitutes domestic violence pursuant to NRS 33.018.

2. When anagency which provides child welfare services receives a report pursuant tosubsection 2 of NRS 432B.630, adesignee of the agency which provides child welfare services shall immediatelyplace the child in protective custody.

3. If there isreasonable cause to believe that the death of a parent of a child is or may bethe result of an act by the other parent that constitutes domestic violencepursuant to NRS 33.018, a protectivecustody hearing must be held pursuant to NRS432B.470, whether the child was placed in protective custody or with arelative. If an agency other than an agency which provides child welfareservices becomes aware that there is reasonable cause to believe that the deathof a parent of a child is or may be the result of an act by the other parentthat constitutes domestic violence pursuant to NRS 33.018, that agency shall immediatelynotify the agency which provides child welfare services and a protectivecustody hearing must be scheduled.

4. An agencywhich provides child welfare services shall request the assistance of a lawenforcement agency in the removal of a child if the agency has reasonable causeto believe that the child or the person placing the child in protective custodymay be threatened with harm.

5. Beforetaking a child for placement in protective custody, the person taking the childshall show his identification to any person who is responsible for the childand is present at the time the child is taken. If a person who is responsiblefor the child is not present at the time the child is taken, the person takingthe child shall show his identification to any other person upon request. Theidentification required by this subsection must be a single card that containsa photograph of the person taking the child and identifies him as a personauthorized pursuant to this section to place a child in protective custody.

6. A childplaced in protective custody pending an investigation and a hearing heldpursuant to NRS 432B.470 must beplaced 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 carefor those children, but the child must not be placed in a jail or other placefor detention, incarceration or residential care of persons convicted of acrime or children charged with delinquent acts.

7. A personplacing a child in protective custody pursuant to subsection 1 shall:

(a) Immediatelytake steps to protect all other children remaining in the home or facility, ifnecessary;

(b) Immediatelymake a reasonable effort to inform the person responsible for the childswelfare that the child has been placed in protective custody;

(c) Givepreference in placement of the child to any person related within the thirddegree of consanguinity to the child who is suitable and able to provide propercare and guidance for the child, regardless of whether the relative resideswithin this state; and

(d) As soon aspracticable, inform the agency which provides child welfare services and theappropriate law enforcement agency.

8. If a child is placed with any person who residesoutside 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;2001, 1257; 2001 Special Session,44)

NRS 432B.391 Agencywhich provides child welfare services or designee authorized to conductpreliminary Federal Bureau of Investigation name-based check of background ofadult resident of home in which child will be placed in emergency situation;person investigated to supply fingerprints; exchange of information; removal ofchild from home upon refusal to supply fingerprints.

1. An agency which provides child welfare services orits approved designee may, in accordance with the procedures set forth in 28C.F.R. 901 et. seq., conduct a preliminary Federal Bureau of InvestigationInterstate Identification Index name-based check of the records of criminalhistory of a resident who is 18 years of age or older of a home in which theagency which provides child welfare services wishes to place a child in anemergency situation to determine whether the person investigated has beenarrested for or convicted of any crime.

2. Upon request of an agency which provides childwelfare services that wishes to place a child in a home in an emergencysituation, or upon request of the approved designee of the agency whichprovides child welfare services, a resident who is 18 years of age or older ofthe home in which the agency which provides child welfare services wishes toplace the child must submit to the agency which provides child welfare servicesor its approved designee a complete set of his fingerprints and writtenpermission authorizing the agency which provides child welfare services or itsapproved designee to forward those fingerprints to the Central Repository for NevadaRecords of Criminal History for submission to the Federal Bureau of Investigationfor its report. The agency which provides child welfare services or itsapproved designee shall forward the fingerprints to the Central Repository forNevada Records of Criminal History within the time set forth in federal law orregulation.

3. If a resident who is 18 years of age or older of ahome in which an agency which provides child welfare services places a child inan emergency situation refuses to provide a complete set of fingerprints to theagency which provides child welfare services or its approved designee upon requestpursuant to subsection 2, the agency which provides child welfare services mustimmediately remove the child from the home.

(Added to NRS by 2003, 649)

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

1. Except as otherwise provided in this section, anagency which provides child welfare services shall make reasonable efforts topreserve and reunify the family of a child:

(a) Before the placement of the child in foster care,to prevent or eliminate the need for his removal from his home; and

(b) To make it possible for his safe return to hishome.

2. In determining the reasonable efforts required bysubsection 1, the health and safety of the child must be the paramount concern.The agency which provides child welfare services may make reasonable efforts toplace the child for adoption or with a legal guardian concurrently with makingthe reasonable efforts required pursuant to subsection 1. If the courtdetermines that continuation of the reasonable efforts required by subsection 1is inconsistent with the plan for the permanent placement of the child, theagency which provides child welfare services shall make reasonable efforts toplace the child in a timely manner in accordance with that plan and to completewhatever actions are necessary to finalize the permanent placement of thechild.

3. An agency which provides child welfare services isnot required to make the reasonable efforts required by subsection 1 if thecourt finds that:

(a) A parent or other primary caretaker of the childhas:

(1) Committed, aided or abetted in thecommission of, or attempted, conspired or solicited to commit murder orvoluntary manslaughter;

(2) Caused the abuse or neglect of the child, orof another child of the parent or primary caretaker, which resulted insubstantial bodily harm to the abused or neglected child;

(3) Caused the abuse or neglect of the child, asibling of the child or another child in the household, and the abuse orneglect was so extreme or repetitious as to indicate that any plan to returnthe child to his home would result in an unacceptable risk to the health orwelfare of the child; or

(4) Abandoned the child for 60 or more days, andthe identity of the parent of the child is unknown and cannot be ascertainedthrough reasonable efforts;

(b) A parent of the child has, for the previous 6months, had the ability to contact or communicate with the child and made nomore than token efforts to do so;

(c) The parental rights of a parent to a sibling of thechild have been terminated by a court order upon any basis other than theexecution of a voluntary relinquishment of those rights by a natural parent,and the court order is not currently being appealed;

(d) The child or a sibling of the child was previouslyremoved from his home, adjudicated to have been abused or neglected, returnedto his home and subsequently removed from his home as a result of additionalabuse or neglect; or

(e) The child is less than 1 year of age, the father ofthe child is not married to the mother of the child and the father of thechild:

(1) Has failed within 60 days after learning ofthe birth of the child, to visit the child, to commence proceedings toestablish his paternity of the child or to provide financial support for thechild; or

(2) Is entitled to seek custody of the child butfails to do so within 60 days after learning that the child was placed infoster care.

(f) The child was delivered to a provider of emergencyservices pursuant to NRS 432B.630.

4. Except as otherwise provided in subsection 6, forthe purposes of this section, unless the context otherwise requires,reasonable efforts have been made if an agency which provides child welfareservices to children with legal custody of a child has exercised diligence andcare in arranging appropriate and available services for the child, with thehealth and safety of the child as its paramount concerns. The exercise of suchdiligence and care includes, without limitation, obtaining necessary andappropriate information concerning the child for the purposes of NRS 127.152, 127.410 and 424.038.

5. In determining whether reasonable efforts have beenmade pursuant to subsection 4, the court shall:

(a) Evaluate the evidence and make findings based onwhether a reasonable person would conclude that reasonable efforts were made;

(b) Consider any input from the child;

(c) Consider the efforts made and the evidencepresented since the previous finding of the court concerning reasonableefforts;

(d) Consider the diligence and care that the agency islegally authorized and able to exercise;

(e) Recognize and take into consideration the legalobligations of the agency to comply with any applicable laws and regulations;

(f) Base its determination on the circumstances andfacts concerning the particular family or plan for the permanent placement ofthe child at issue;

(g) Consider whether the provisions of subsection 6 areapplicable; and

(h) Consider any other matters the court deemsrelevant.

6. An agency which provides child welfare services maysatisfy the requirement of making reasonable efforts pursuant to this sectionby taking no action concerning a child or making no effort to provide servicesto a child if it is reasonable, under the circumstances, to do so.

(Added to NRS by 1999, 2031; A 2001, 1258, 1843; 2001 Special Session,45; 2003, 236)

NRS 432B.395 Planof efforts to prevent or eliminate need for removal of child from home and tomake safe return to home possible. An agencywhich provides child welfare services shall submit annually to the Division ofChild and Family Services for its approval a plan to ensure that the reasonableefforts required by subsection 1 of NRS432B.393 are made by that agency.

(Added to NRS by 1987, 1439; A 1993, 2708; 1999, 2037; 2001 Special Session,46)

NRS 432B.396 Establishmentof panel to evaluate extent to which agencies which provide child welfareservices are effectively discharging their responsibilities; regulations; civilpenalties. The Division of Child and FamilyServices shall:

1. Establish a panel comprised of volunteer members toevaluate the extent to which agencies which provide child welfare services areeffectively discharging their responsibilities for the protection of children.

2. Adopt regulations to carry out the provisions ofsubsection 1 which must include, without limitation, the imposition ofappropriate restrictions on the disclosure of information obtained by the paneland civil sanctions for the violation of those restrictions. The civilsanctions may provide for the imposition in appropriate cases of a civilpenalty of not more than $500. The Division may bring an action to recover anycivil penalty imposed and shall deposit any money recovered with the StateTreasurer for credit to the State General Fund.

(Added to NRS by 1999, 2031; A 2001, 1845; 2001 Special Session,46; 2003, 236)

NRS 432B.397 Inquiryto determine whether child is Indian child; report to court; training regardingrequirements of Indian Child Welfare Act.

1. The agency which provides child welfare servicesfor a child that is taken into custody pursuant to this chapter shall make allnecessary inquiries to determine whether the child is an Indian child. Theagency shall report that determination to the court.

2. An agency which provides child welfare servicespursuant to this chapter shall provide training for its personnel regarding therequirements of the Indian Child Welfare Act.

(Added to NRS by 1995, 786; A 2001 Special Session,46)

NRS 432B.400 Temporarydetention of child by physician or person in charge of hospital or similarinstitution. A physician treating a child or aperson in charge of a hospital or similar institution may hold a child for nomore than 24 hours if there is reasonable cause to believe that the child hasbeen abused or neglected or has been affected by prenatal illegal substanceabuse or has withdrawal symptoms resulting from prenatal drug exposure and thathe is in danger of further harm if released. The physician or other personshall immediately notify a law enforcement agency or an agency which provideschild welfare services that he is holding the child.

(Added to NRS by 1985, 1378; A 2001 Special Session,47; 2005, 2038)

NRS 432B.403 Purposeof organizing child death review teams. The purposeof organizing multidisciplinary teams to review the deaths of children pursuantto NRS 432B.403 to 432B.409, inclusive, is to:

1. Review the records of selected cases of deaths ofchildren under 18 years of age in this state;

2. Review the records of selected cases of deaths ofchildren under 18 years of age who are residents of Nevada and who die inanother state;

3. Assess and analyze such cases;

4. Make recommendations for improvements to laws,policies and practice;

5. Support the safety of children; and

6. Prevent future deaths of children.

(Added to NRS by 2003, 863)

NRS 432B.405 Organizationof child death review teams.

1. An agency which provides child welfare services:

(a) May organize one or more multidisciplinary teams toreview the death of a child; and

(b) Shall organize one or more multidisciplinary teamsto review the death of a child under any of the following circumstances:

(1) Upon receiving a written request from anadult related to the child within the third degree of consanguinity, if therequest is received by the agency within 1 year after the date of death of thechild;

(2) Ifthe child dies while in the custody of or involved with an agency whichprovides child welfare services, or if the childs family previously receivedservices from such an agency;

(3) Ifthe death is alleged to be from abuse or neglect of the child;

(4) If asibling, household member or daycare provider has been the subject of a childabuse and neglect investigation within the previous 12 months, including casesin which the report was unsubstantiated or the investigation is currently pending;

(5) Ifthe child was adopted through an agency which provides child welfare services;or

(6) Ifthe child died of Sudden Infant Death Syndrome.

2. A review conducted pursuant to subparagraph (2) ofparagraph (b) of subsection 1 must occur within 3 months after the issuance ofa certificate of death.

(Added to NRS by 1993, 2051; A 2001 Special Session,47; 2003, 864)

NRS 432B.406 Compositionof child death review teams.

1. A multidisciplinary team to review the death of achild that is organized by an agency which provides child welfare servicespursuant to NRS 432B.405 must include,insofar as possible:

(a) A representative of any law enforcement agency thatis involved with the case under review;

(b) Medical personnel;

(c) A representative of the district attorneys officein the county where the case is under review;

(d) A representative of any school that is involvedwith the case under review;

(e) A representative of any agency which provides childwelfare services that is involved with the case under review; and

(f) A representative of the coroners office.

2. A multidisciplinary team may include such otherrepresentatives of other organizations concerned with the death of the child asthe agency which provides child welfare services deems appropriate for thereview.

(Added to NRS by 2003, 863)

NRS 432B.407 Informationavailable to child death review teams; sharing of certain information; subpoenato obtain information; confidentiality of information.

1. A multidisciplinary team to review the death of achild is entitled to access to:

(a) All investigative information of law enforcementagencies regarding the death;

(b) Any autopsy and coroners investigative recordsrelating to the death;

(c) Any medical or mental health records of the child;and

(d) Any records of social and rehabilitative servicesor of any other social service agency which has provided services to the childor the childs family.

2. Each organization represented on a multidisciplinaryteam to review the death of a child shall share with other members of the teaminformation in its possession concerning the child who is the subject of thereview, any siblings of the child, any person who was responsible for thewelfare of the child and any other information deemed by the organization to bepertinent to the review.

3. A multidisciplinary team to review the death of achild may petition the district court for the issuance of, and the districtcourt may issue, a subpoena to compel the production of any books, records orpapers relevant to the cause of any death being investigated by the team. Anybooks, records or papers received by the team pursuant to the subpoena shall bedeemed confidential and privileged and not subject to disclosure.

4. Information acquired by, and the records of, amultidisciplinary team to review the death of a child are confidential, mustnot be disclosed, and are not subject to subpoena, discovery or introductioninto evidence in any civil or criminal proceeding.

(Added to NRS by 2003, 863)

NRS 432B.408 Administrativeteam to review report of child death review team.

1. The report and recommendations of amultidisciplinary team to review the death of a child must be transmitted to anadministrative team for review.

2. An administrative team must consist ofadministrators of agencies which provide child welfare services, and agenciesresponsible for vital statistics, public health, mental health and publicsafety.

3. The administrative team shall review the report andrecommendations and respond in writing to the multidisciplinary team within 90days after receiving the report.

(Added to NRS by 2003, 864)

NRS 432B.409 Establishment,composition and duties of Executive Committee to Review the Death of Children;creation of and use of money in Review of Death of Children Account.

1. The Administrator of the Division of Child andFamily Services shall establish an Executive Committee to Review the Death ofChildren, consisting of representatives from multidisciplinary teams formedpursuant to NRS 432B.405 and 432B.406, vital statistics, lawenforcement, public health and the Office of the Attorney General.

2. The Executive Committee shall:

(a) Adopt statewide protocols for the review of thedeath of a child;

(b) Designate the members of an administrative team forthe purposes of NRS 432B.408;

(c) Oversee training and development ofmultidisciplinary teams to review the death of children; and

(d) Compile and distribute a statewide annual report,including statistics and recommendations for regulatory and policy changes.

3. The Review of Death of Children Account is herebycreated in the State General Fund. The Executive Committee may use money in theAccount to carry out the provisions of NRS432B.403 to 432B.409, inclusive.

(Added to NRS by 2003, 864)

CIVIL PROCEEDINGS

General Provisions

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

1. Except if the child involved is subject to thejurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act, thecourt has exclusive original jurisdiction in proceedings concerning any childliving or found within the county who is a child in need of protection or maybe a child in need of protection.

2. Action taken by the court because of the abuse orneglect of a child does not preclude the prosecution and conviction of anyperson for violation of NRS 200.508based on the same facts.

(Added to NRS by 1985, 1379; A 1991, 2186; 1995, 787)

NRS 432B.420 Rightof parent or other responsible person to representation by attorney; authorityof court to appoint attorney to represent child; authority and rights ofchilds attorney; compensation of attorney; appointment of attorney as guardianad litem.

1. A parent or other person responsible for thewelfare of a child who is alleged to have abused or neglected the child may berepresented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590, inclusive. Except as otherwiseprovided in subsection 2, if the person is indigent, the court may appoint anattorney to represent him. The court may, if it finds it appropriate, appointan attorney to represent the child. The child may be represented by an attorneyat all stages of any proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive. If the child isrepresented by an attorney, the attorney has the same authority and rights asan attorney representing a party to the proceedings.

2. If the court determines that the parent of anIndian child for whom protective custody is sought is indigent, the court:

(a) Shall appoint an attorney to represent the parent;

(b) May appoint an attorney to represent the Indianchild; and

(c) May apply to the Secretary of the Interior for thepayment of the fees and expenses of such an attorney,

as providedin the Indian Child Welfare Act.

3. Each attorney, other than a public defender, ifappointed under the provisions of subsection 1, is entitled to the samecompensation and payment for expenses from the county as provided in NRS 7.125 and 7.135 for an attorney appointed to representa person charged with a crime. Except as otherwise provided in NRS 432B.500, an attorney appointed torepresent a child may also be appointed as guardian ad litem for the child. Hemay not receive any compensation for his services as a guardian ad litem.

(Added to NRS by 1985, 1379; A 1987, 1308; 1995, 787;1999, 2037; 2001, 1703; 2003, 590)

NRS 432B.425 Notificationof tribe if proceedings involve Indian child; transfer of proceedings to Indianchilds tribe; exercise of jurisdiction by court. Ifproceedings pursuant to this chapter involve the protection of an Indian child,the court shall:

1. Cause the Indian childs tribe to be notified inwriting at the beginning of the proceedings in the manner provided in theIndian Child Welfare Act. If the Indian child is eligible for membership inmore than one tribe, each tribe must be notified.

2. Transfer the proceedings to the Indian childstribe in accordance with the Indian Child Welfare Act.

3. If a tribe declines or is unable to exercisejurisdiction, exercise its jurisdiction as provided in the Indian Child WelfareAct.

(Added to NRS by 1995, 786; A 2003, 1149)

NRS 432B.430 Restrictionon admission of persons to proceedings.

1. Except as otherwise provided in subsections 3 and 4and NRS 432B.457, in each judicialdistrict that includes a county whose population is 400,000 or more:

(a) Any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, other than a hearingheld pursuant to subsections 1 to 4, inclusive, of NRS 432B.530 or a hearing held pursuantto subsection 5 of NRS 432B.530 whenthe court proceeds immediately, must be open to the general public unless thejudge or master, upon his own motion or upon the motion of another person,determines that all or part of the proceeding must be closed to the generalpublic because such closure is in the best interests of the child who is thesubject of the proceeding. In determining whether closing all or part of theproceeding is in the best interests of the child who is the subject of theproceeding, the judge or master must consider and give due weight to thedesires of that child.

(b) If the judge or master determines pursuant toparagraph (a) that all or part of a proceeding must be closed to the generalpublic:

(1) The judge or master must make specificfindings of fact to support such a determination; and

(2) The general public must be excluded and onlythose persons having a direct interest in the case, as determined by the judgeor master, may be admitted to the proceeding.

(c) Any proceeding held pursuant to subsections 1 to 4,inclusive, of NRS 432B.530 and anyproceeding held pursuant to subsection 5 of NRS432B.530 when the court proceeds immediately must be closed to the generalpublic unless the judge or master, upon his own motion or upon the motion ofanother person, determines that all or part of the proceeding must be open tothe general public because opening the proceeding in such a manner is in thebest interests of the child who is the subject of the proceeding. Indetermining whether opening all or part of the proceeding is in the bestinterests of the child who is the subject of the proceeding, the judge or mastermust consider and give due weight to the desires of that child. If the judge ormaster determines pursuant to this paragraph that all or part of a proceedingmust be open to the general public, the judge or master must make specificfindings of fact to support such a determination. Unless the judge or masterdetermines pursuant to this paragraph that all or part of a proceedingdescribed in this paragraph must be open to the general public, the generalpublic must be excluded and only those persons having a direct interest in thecase, as determined by the judge or master, may be admitted to the proceeding.

2. Except as otherwise provided in subsections 3 and 4and NRS 432B.457, in each judicialdistrict that includes a county whose population is less than 400,000:

(a) Any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, must be closed tothe general public unless the judge or master, upon his own motion or upon themotion of another person, determines that all or part of the proceeding must beopen to the general public because opening the proceeding in such a manner isin the best interests of the child who is the subject of the proceeding. Indetermining whether opening all or part of the proceeding is in the bestinterests of the child who is the subject of the proceeding, the judge ormaster shall consider and give due weight to the desires of that child.

(b) If the judge or master determines pursuant toparagraph (a) that all or part of a proceeding must be open to the generalpublic, the judge or master must make specific findings of fact to support sucha determination.

(c) Unless the judge or master determines pursuant toparagraph (a) that all or part of a proceeding must be open to the generalpublic, the general public must be excluded and only those persons having adirect interest in the case, as determined by the judge or master, may beadmitted to the proceeding.

3. Except as otherwise provided in subsection 4 and NRS 432B.457, in a proceeding heldpursuant to NRS 432B.470, the generalpublic must be excluded and only those persons having a direct interest in thecase, as determined by the judge or master, may be admitted to the proceeding.

4. In conducting a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, a judge or mastershall keep information confidential to the extent necessary to obtain federalfunds in the maximum amount available to this state.

(Added to NRS by 1985, 1379; A 1997, 1345; 2003, 591, 3517)

NRS 432B.440 Assistanceby agency which provides child welfare services. Theagency which provides child welfare services shall assist the court during allstages of any proceeding in accordance with NRS432B.410 to 432B.590, inclusive.

(Added to NRS by 1985, 1385; A 2001, 1845; 2001 Special Session,47; 2003, 236,591; 2005, 2096)

NRS 432B.450 Experttestimony raising presumption of need for protection of child. In any civil proceeding had pursuant to NRS 432B.410 to 432B.590, inclusive, if there is experttestimony that a physical or mental injury of a child would ordinarily not besustained or a condition not exist without either negligence or a deliberatebut unreasonable act or failure to act by the person responsible for hiswelfare, the court shall find that the child is in need of protection unlessthat testimony is rebutted.

(Added to NRS by 1985, 1379; A 2003, 591)

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

1. Any proceeding to place an Indian child in fostercare pursuant to this chapter must include the testimony of at least onequalified expert witness as provided in the Indian Child Welfare Act.

2. For the purposes of this section, qualified expertwitness includes, without limitation:

(a) An Indian person who has personal knowledge aboutthe Indian childs tribe and its customs related to raising a child and theorganization of the family; and

(b) A person who has:

(1) Substantial experience and trainingregarding the customs of Indian tribes related to raising a child; and

(2) Extensive knowledge of the social values andcultural influences of Indian tribes.

(Added to NRS by 1995, 786)

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

1. If the court determines that a child must be keptin protective custody pursuant to NRS432B.480 or must be placed in temporary or permanent custody pursuant to NRS 432B.550, the court may, beforeplacing the child in the temporary or permanent custody of a person, order theappointment of a special master from among the members of the State Bar ofNevada to conduct a hearing to identify the person most qualified and suitableto take custody of the child in consideration of the needs of the child fortemporary or permanent placement.

2. Not later than 5 calendar days after the hearing,the special master shall prepare and submit to the court his recommendationregarding which person is most qualified and suitable to take custody of thechild.

(Added to NRS by 1997, 1344)

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

1. If the court or a special master appointed pursuantto NRS 432B.455 finds that a personhas a special interest in a child, the court or the special master shall:

(a) Except for good cause, ensure that the person isinvolved in and notified of any plan for the temporary or permanent placementof the child and is allowed to offer recommendations regarding the plan; and

(b) Allow the person to testify at any hearing heldpursuant to this chapter to determine any temporary or permanent placement ofthe child.

2. For the purposes of this section, a person has aspecial interest in a child if:

(a) The person is:

(1) A parent or other relative of the child;

(2) A foster parent or other provider ofsubstitute care for the child;

(3) A provider of care for the medical or mentalhealth of the child; or

(4) A teacher or other school official who worksdirectly with the child; and

(b) The person:

(1) Has a personal interest in the well-being ofthe child; or

(2) Possesses information that is relevant tothe determination of the placement of the child.

(Added to NRS by 1997, 1344; A 1999, 2038)

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

1. If a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, is recorded usingsound recording equipment or is transcribed, the clerk of the court shall, uponrequest, provide to a parent or guardian of the child who is the subject of theproceeding and the attorney of the parent or guardian a copy of the sound recordingor transcript of the proceeding if:

(a) Such a copy is available or could be madeavailable; and

(b) The parent or guardian or the county in which theproceeding is held, as appropriate, pays the fee for the copy in accordancewith subsection 2.

2. Each board of county commissioners shall adopt asliding scale for determining the amount to be paid for a copy of a soundrecording or transcript of a proceeding pursuant to subsection 1 for aproceeding that was held in a court in its county. The sliding scale must bebased on the ability of the parent or guardian to pay. The court shall revieweach case and make a finding as to the reasonableness of the charge in relationto the ability of the parent or guardian to pay. To the extent that the courtdetermines that a parent or guardian is unable to pay for a copy of the recordingor transcript pursuant to subsection 1, the cost of providing the copy of thesound recording or transcript is a charge against the county in which theproceeding was held.

(Added to NRS by 2001, 1700; A 2003, 591)

NRS 432B.460 Courtsnot deprived of right to determine custody or guardianship. This chapter does not deprive other courts of the right todetermine the custody of children upon writs of habeas corpus, or to determinethe custody or guardianship of children in cases involving divorce or problemsof domestic relations.

(Added to NRS by 1985, 1385)

NRS 432B.465 Fullfaith and credit to judicial proceedings of Indian tribe. Each court in this state which exercises jurisdictionpursuant to this chapter in a case involving an Indian child shall give fullfaith and credit to the judicial proceedings of an Indian tribe to the sameextent that the Indian tribe gives full faith and credit to the judicialproceedings of the courts of this state.

(Added to NRS by 1995, 786)

NRS 432B.4655 Joinderof governmental entity or other person to certain proceedings to enforce legalobligation of such entity or person. A courtmay issue an order to join any governmental entity or other person as a partyin any proceeding concerning the protection of the child to enforce a legalobligation of the entity or person to the child if, before issuing the order,the court provides notice and an opportunity to be heard to the governmentalentity or person.

(Added to NRS by 2005, 2093)

Permanent Placement With Guardian

NRS 432B.466 Petitionfor appointment of guardian; notice.

1. If the plan adopted pursuant to NRS 432B.553 for the permanent placementof a child includes a request for the appointment of a guardian for the childpursuant to NRS 432B.4665 to 432B.468, inclusive, a governmentalagency, a nonprofit corporation or any interested person, including, withoutlimitation, the agency that adopted the plan may petition the court for theappointment of a guardian. The guardian may be appointed at a hearing conductedpursuant to NRS 432B.590 or at aseparate hearing.

2. A petition for the appointment of a guardianpursuant to this section:

(a) May not be filed before the court has determinedthat the child is in need of protection;

(b) Must include the information required pursuant to NRS 159.044; and

(c) Must include a statement explaining why theappointment of a guardian, rather than the adoption of the child or the returnof the child to a parent, is in the best interests of the child.

3. In addition to the notice required pursuant to NRS 432B.590, a governmental agency,nonprofit corporation or interested person who files a petition for the appointmentof a guardian must serve notice of the petition that includes a copy of thepetition and the date, time and location of the hearing on the petition, byregistered or certified mail or by personal service:

(a) To all the persons entitled to notice of thehearing pursuant to NRS 432B.590, theparents of the child, any person or governmental agency having care, custody orcontrol over the child, and, if the child is 14 years of age or older, thechild; and

(b) At least 20 days before the hearing on thepetition.

(Added to NRS by 2003, 588)

NRS 432B.4665 Appointmentof guardian; powers and duties of and limitations on guardian; effect ofguardianship; length of guardianship.

1. The court may, upon the filing of a petitionpursuant to NRS 432B.466, appoint aperson as a guardian for a child if:

(a) The court finds:

(1) That the proposed guardian is suitable andis not disqualified from guardianship pursuant to NRS 159.059;

(2) That the child has been in the custody ofthe proposed guardian for 6 months or more pursuant to a determination by acourt that the child was in need of protection, unless the court waives thisrequirement for good cause shown;

(3) Except as otherwise provided in subsection3, that the proposed guardian has complied with the requirements of chapter 159 of NRS; and

(4) That the burden of proof set forth in chapter 159 of NRS for the appointment of a guardianfor a child has been satisfied;

(b) The child consents to the guardianship, if thechild is 14 years of age or older; and

(c) The court determines that the requirements forfiling a petition pursuant to NRS 432B.466have been satisfied.

2. A guardianship established pursuant to thissection:

(a) Provides the guardian with the powers and dutiesprovided in NRS 159.079, and subjectsthe guardian to the limitations set forth in NRS159.0805;

(b) Is subject to the provisions of NRS 159.065 to 159.076, inclusive, and 159.185 to 159.199, inclusive;

(c) Provides the guardian with sole legal and physicalcustody of the child;

(d) Does not result in the termination of parentalrights of a parent of the child; and

(e) Does not affect any rights of the child toinheritance, a succession or any services or benefits provided by the FederalGovernment, this state or an agency or political subdivision of this state.

3. The court may appoint as a guardian for a childpursuant to this section for not more than 6 months a person who does notsatisfy the residency requirement set forth in subsection 5 of NRS 159.059 if the court determines thatappointing such a person is necessary to facilitate the permanent placement ofthe child.

(Added to NRS by 2003, 589)

NRS 432B.467 Considerationof evidence in determining whether to appoint guardian; right of visitation tocertain persons.

1. In determining whether to grant a petition for theappointment of a guardian filed pursuant to NRS432B.466, the court may consider all relevant and material evidence that isadmissible pursuant to this chapter, including, without limitation, any reportsubmitted by a special advocate appointed as a guardian ad litem for the childpursuant to NRS 432B.500.

2. If a court appoints a guardian for a child pursuantto NRS 432B.4665, the court may ordera reasonable right of visitation to any person whose right to custody orvisitation of the child was terminated as a result of the appointment of theguardian if the court finds that the visitation is in the best interests of thechild.

(Added to NRS by 2003, 589)

NRS 432B.4675 Effectof entry of final order establishing guardianship. Uponthe entry of a final order by the court establishing a guardianship pursuant toNRS 432B.4665:

1. The custody of the child by the agency which has legalcustody of the child is terminated;

2. The proceedings concerning the child conductedpursuant to NRS 432B.410 to 432B.590, inclusive, terminate; and

3. Unless subsequently ordered by the court to assistthe court, the following agencies and persons are excused from anyresponsibility to participate in the guardianship case:

(a) The agency which has legal custody of the child;and

(b) Any counsel or guardian ad litem appointed by thecourt to assist in the proceedings conducted pursuant to NRS 432B.410 to 432B.590, inclusive.

(Added to NRS by 2003, 590)

NRS 432B.468 Enforcement,modification and termination of guardianship; appointment of successor guardian.

1. The court shall retain jurisdiction to enforce,modify or terminate a guardianship established pursuant to NRS 432B.4665 until the child reaches 18years of age.

2. Any person having a direct interest in aguardianship established pursuant to NRS432B.4665 may move to enforce, modify or terminate an order concerning theguardianship.

3. The court shall issue an order directing theappropriate agency which provides child welfare services to file a report andmake a recommendation in response to any motion to enforce, modify or terminatean order concerning a guardianship established pursuant to NRS 432B.4665. The agency must submitthe report to the court within 45 days after receiving the order of the court.

4. Any motion to enforce, modify or terminate an orderconcerning a guardianship established pursuant to NRS 432B.4665 must comply with theprovisions set forth in chapter 159 of NRS formotions to enforce, modify or terminate orders concerning guardianships.

5. A successor guardian may be appointed in accordancewith the procedures set forth in chapter 159of NRS.

(Added to NRS by 2003, 590)

Hearing on Protective Custody

NRS 432B.470 Hearingrequired; notice.

1. A child taken into protective custody pursuant to NRS 432B.390 must be given a hearing,conducted by a judge, master or special master appointed by the judge for thatparticular hearing, within 72 hours, excluding Saturdays, Sundays and holidays,after being taken into custody, to determine whether the child should remain inprotective custody pending further action by the court.

2. Except as otherwise provided in this subsection,notice of the time and place of the hearing must be given to a parent or otherperson responsible for the childs welfare:

(a) By personal service of a written notice;

(b) Orally; or

(c) If theparent or other person responsible for the childs welfare cannot be locatedafter a reasonable effort, by posting a written notice on the door of his residence.

If the childwas delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of theparent is unknown, the parent shall be deemed to have waived any notice of the hearingconducted pursuant to this section.

3. If notice is given by means of paragraph (b) or (c)of subsection 2, a copy of the notice must be mailed to the person at his lastknown address within 24 hours after the child is placed in protective custody.

(Added to NRS by 1985, 1380; A 2001, 1259)

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

1. At each hearing conducted pursuant to NRS 432B.470:

(a) At the commencement of the hearing, the court shalladvise the parties of their right to be represented by an attorney and of theirright to present evidence.

(b) The court shall determine whether there isreasonable cause to believe that it would be:

(1) Contrary to the welfare of the child for himto reside at his home; or

(2) In the best interests of the child to placehim outside of his home.

The courtshall prepare an explicit statement of the facts upon which each of itsdeterminations is based. If the court makes an affirmative finding regardingeither subparagraph (1) or (2), the court shall issue an order keeping thechild in protective custody pending a disposition by the court.

2. If the court issues an order keeping the child inprotective custody pending a disposition by the court and it is in the bestinterests of the child, the court may:

(a) Place the child in the temporary custody of agrandparent, great-grandparent or other person related within the third degreeof consanguinity to the child who the court finds has established a meaningfulrelationship with the child, with or without supervision upon such conditionsas the court prescribes, regardless of whether the relative resides within thisstate; or

(b) Grant the grandparent, great-grandparent or otherperson related within the third degree of consanguinity to the child areasonable right to visit the child while he is in protective custody.

3. If the court finds that the best interests of thechild do not require that the child remain in protective custody, the courtshall order his immediate release.

4. If a child is placed with any person who residesoutside this state, the placement must be in accordance with NRS 127.330.

(Added to NRS by 1985, 1380; A 1987, 1194; 1991,1183; 2001, 1845)

NRS 432B.490 Procedurefollowing hearing or investigation.

1. An agency which provides child welfare services:

(a) In caseswhere the death of a parent of the child is or may be the result of an act bythe other parent that constitutes domestic violence pursuant to NRS 33.018, shall within 10 days after thehearing on protective custody initiate a proceeding in court by filing apetition which meets the requirements set forth in NRS 432B.510;

(b) In other cases where a hearing on protectivecustody is held, shall within 10 days after the hearing on protective custody,unless good cause exists, initiate a proceeding in court by filing a petitionwhich meets the requirements set forth in NRS432B.510 or recommend against any further action in court; or

(c) If a child is not placed in protective custody,may, after an investigation is made under NRS432B.010 to 432B.400, inclusive,file a petition which meets the requirements set forth in NRS 432B.510.

2. If the agency recommends against further action,the court may, on its own motion, initiate proceedings when it finds that it isin the best interests of the child.

3. If a child has been placed in protective custodyand if further action in court is taken, an agency which provides child welfareservices shall make recommendations to the court concerning whether the childshould be returned to the person responsible for his welfare pending furtheraction in court.

(Added to NRS by 1985, 1380; A 1999, 832; 2001 Special Session,47)

Hearing on Need of Protection for Child

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

1. After a petition is filed that a child is in needof protection pursuant to NRS 432B.490,the court shall appoint a guardian ad litem for the child. The person soappointed:

(a) Must meet the requirements of NRS 432B.505 or, if such a person is notavailable, a representative of an agency which provides child welfare services,a juvenile probation officer, an officer of the court or another volunteer.

(b) Must not be a parent or other person responsiblefor the childs welfare.

2. No compensation may be allowed a person serving asa guardian ad litem pursuant to this section.

3. A guardian ad litem appointed pursuant to thissection shall:

(a) Represent and protect the best interests of thechild until excused by the court;

(b) Thoroughly research and ascertain the relevantfacts of each case for which he is appointed, and ensure that the courtreceives an independent, objective account of those facts;

(c) Meet with the child wherever the child is placed asoften as is necessary to determine that the child is safe and to ascertain thebest interests of the child;

(d) Explain to the child the role of the guardian adlitem and, when appropriate, the nature and purpose of each proceeding in hiscase;

(e) Participate in the development and negotiation ofany plans for and orders regarding the child, and monitor the implementation ofthose plans and orders to determine whether services are being provided in anappropriate and timely manner;

(f) Appear at all proceedings regarding the child;

(g) Inform the court of the desires of the child, butexercise his independent judgment regarding the best interests of the child;

(h) Present recommendations to the court and providereasons in support of those recommendations;

(i) Request the court to enter orders that are clear,specific and, when appropriate, include periods for compliance;

(j) Review the progress of each case for which he isappointed, and advocate for the expedient completion of the case; and

(k) Perform such other duties as the court orders.

(Added to NRS by 1985, 1379; A 1999, 2039; 2001 Special Session,48)

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

1. To qualify for appointment as a guardian ad litempursuant to NRS 432B.500 in a judicialdistrict that includes a county whose population is less than 100,000, aspecial advocate must be a volunteer from the community who completes aninitial 12 hours of specialized training and, annually thereafter, completes 6hours of specialized training. The training must be approved by the court andinclude information regarding:

(a) The dynamics of the abuse and neglect of children;

(b) Factors to consider in determining the bestinterests of a child, including planning for the permanent placement of thechild;

(c) The interrelationships between the family system,legal process and system of child welfare;

(d) Skills in mediation and negotiation;

(e) Federal, state and local laws affecting children;

(f) Cultural, ethnic and gender-specific issues;

(g) Domestic violence;

(h) Resources and services available in the communityfor children in need of protection;

(i) Child development;

(j) Standards for guardians ad litem;

(k) Confidentiality issues; and

(l) Such other topics as the court deems appropriate.

2. To qualify for appointment as a guardian ad litempursuant to NRS 432B.500 in a judicialdistrict that does not include a county whose population is less than 100,000,a special advocate must be qualified pursuant to the standards for training ofthe National Court Appointed Special Advocate Association or its successor. Ifsuch an Association ceases to exist, the court shall determine the standardsfor training.

(Added to NRS by 1999, 2031)

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

1. A petition alleging that a child is in needof protection may be signed only by:

(a) A representative of an agency which provides childwelfare services;

(b) A law enforcement officer or probation officer; or

(c) The district attorney.

2. The district attorney shall countersign everypetition alleging need of protection, and shall represent the interests of thepublic in all proceedings. If the district attorney fails or refuses tocountersign the petition, the petitioner may seek a review by the AttorneyGeneral. If the Attorney General determines that a petition should be filed, heshall countersign the petition and shall represent the interests of the publicin all subsequent proceedings.

3. Every petition must be entitled, In the Matter of................, a child, and must be verified by the person who signs it.

4. Every petition must set forth specifically:

(a) The facts which bring the child within thejurisdiction of the court as indicated in NRS432B.410.

(b) The name, date of birth and address of theresidence of the child.

(c) The names and addresses of the residences of hisparents and any other person responsible for the childs welfare, and spouse ifany. If his parents or other person responsible for his welfare do not residein this state or cannot be found within the State, or if their addresses areunknown, the petition must state the name of any known adult relative residingwithin the State, or if there is none, the known adult relative residingnearest to the court.

(d) Whether the child is in protective custody, and ifso, the agency responsible for placing the child in protective custody and thereasons therefor.

5. When any of the facts required by subsection 4 arenot known, the petition must so state.

(Added to NRS by 1985, 1381; A 1997, 2475; 2001, 1850; 2001 Special Session,48; 2003, 236)

NRS 432B.513 Copyof report or information required to be provided to parent or guardian beforecertain proceedings.

1. Except as otherwise provided in subsection 3, aperson who submits a report or information to the court for consideration in aproceeding held pursuant to NRS 432B.466to 432B.468, inclusive, or 432B.500 to 432B.590, inclusive, shall provide a copyof the report or information, to the extent that the data or information in thereport or information is available pursuant to NRS 432B.290, to each parent or guardianof the child who is the subject of the proceeding and to the attorney of eachparent or guardian not later than 72 hours before the proceeding.

2. If a person does not provide a copy of a report orinformation to a parent or guardian of a child and an attorney of the parent orguardian before a proceeding if required by subsection 1, the court or master:

(a) Shall provide the parent or guardian and hisattorney an opportunity to review the report or information; and

(b) May grant a continuance of the proceeding until alater date that is agreed upon by all the parties to the proceeding if theparent or guardian or his attorney requests that the court grant thecontinuance so that the parent or guardian and his attorney may properlyrespond to the report or information.

3. If a child was delivered to a provider of emergencyservices pursuant to NRS 432B.630 andthe location of the parent of the child is unknown, a copy of a report orinformation described in subsection 1 need not be sent to that parent or hisattorney pursuant to subsection 1.

4. As used in this section, person includes, withoutlimitation, a government, governmental agency or political subdivision of agovernment.

(Added to NRS by 2001, 1699; A 2003, 592)

NRS 432B.515 Electronicfiling of certain petitions and reports.

1. A court clerk may allow any of the followingdocuments to be filed electronically:

(a) A petition signed by the district attorney pursuantto NRS 432B.510; or

(b) A report prepared pursuant to NRS 432B.540.

2. Any document that is filed electronically pursuantto this section must contain an image of the signature of the person who isfiling the document.

(Added to NRS by 1997, 893)

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

1. After a petition has been filed, the court shalldirect the clerk to issue a summons requiring the person who has custody orcontrol of the child to appear personally and bring the child before the courtat a time and place stated in the summons. If the person so summoned is otherthan a parent or guardian of the child, then the parent or guardian, or both,must also be notified by a similar summons of the pendency of the hearing andof the time and place appointed.

2. Summons may be issued requiring the appearance ofany other person whose presence, in the opinion of the court, is necessary.

3. Each summons must include notice of the right ofparties to counsel at the adjudicatory hearing. A copy of the petition must beattached to each summons.

4. If the:

(a) Person summoned resides in this state, the summonsmust be served personally;

(b) Person summoned cannot be found within this stateor does not reside in this state, the summons must be mailed by registered orcertified mail to his last known address; or

(c) Child was delivered to a provider of emergencyservices pursuant to NRS 432B.630 andthe location of the parent is unknown, the summons must be served on the parentby publication at least once a week for 3 consecutive weeks in a newspaperpublished in the county and if no such newspaper is published, then a newspaperpublished in this state that has a general circulation in the county. Thefailure of the parent to appear in the action after the service of summons onthe parent pursuant to this paragraph shall be deemed to constitute a waiver bythe parent of any further notice of the proceedings that would otherwise berequired pursuant to this chapter.

5. If it appears that the child is in such conditionor surroundings that his welfare requires that his custody be immediatelyassumed by the court, the court may order, by endorsement upon the summons,that the person serving it shall at once deliver the child to an agency whichprovides child welfare services in whose custody the child must remain untilthe further order of the court.

6. If the summons cannot be served or the person whohas custody or control of the child fails to obey it, or:

(a) In the judges opinion, the service will beineffectual or the welfare of the child requires that he be brought forthwithinto the custody of the court; or

(b) A person responsible for the childs welfare hasabsconded with him or concealed him from a representative of an agency whichprovides child welfare services,

the courtmay issue a writ for the attachment of the childs person, commanding a lawenforcement officer or a representative of an agency which provides child welfareservices to place the child in protective custody.

(Added to NRS by 1985, 1381; A 1991, 922; 2001, 1259; 2001 Special Session,49)

NRS 432B.530 Adjudicatoryhearing on petition; disposition.

1. An adjudicatory hearing must be held within 30 daysafter the filing of the petition, unless good cause is shown or the hearing hasbeen continued until a later date pursuant to NRS 432B.513.

2. At the hearing, the court shall inform the partiesof the specific allegations in the petition and give them an opportunity toadmit or deny them. If the allegations are denied, the court shall hearevidence on the petition.

3. In adjudicatory hearings, all relevant and materialevidence helpful in determining the questions presented, including oral andwritten reports, may be received by the court and may be relied upon to theextent of its probative value. The parties or their attorney must be affordedan opportunity to examine and controvert written reports so received and tocross-examine individuals making reports when reasonably available.

4. The court may require the child to be present incourt at the hearing.

5. If the court finds by a preponderance of theevidence that the child was in need of protection at the time of his removalfrom his home, it shall record its findings of fact and may proceed immediatelyor at another hearing held within 15 working days, to make a proper dispositionof the case. If the court finds that the allegations in the petition have notbeen established, it shall dismiss the petition and, if the child is inprotective custody, order the immediate release of the child.

(Added to NRS by 1985, 1382; A 2001, 1703, 1846; 2003, 87)

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

1. If the court finds that the allegations of thepetition are true, it shall order that a report be made in writing by an agencywhich provides child welfare services, concerning:

(a) Except as otherwise provided in paragraph (b), theconditions in the childs place of residence, the childs record in school, themental, physical and social background of his family, its financial situationand other matters relevant to the case; or

(b) If the child was delivered to a provider ofemergency services pursuant to NRS432B.630, any matters relevant to the case.

2. If the agency believes that it is necessary toremove the child from the physical custody of his parents, it must submit withthe report a plan designed to achieve a placement of the child in a safesetting as near to the residence of his parent as is consistent with the bestinterests and special needs of the child. The plan must include:

(a) A description of the type, safety andappropriateness of the home or institution in which the child could be placed,a plan for ensuring that he would receive safe and proper care and adescription of his needs;

(b) A description of the services to be provided to thechild and to a parent to facilitate the return of the child to the custody ofhis parent or to ensure his permanent placement;

(c) The appropriateness of the services to be providedunder the plan; and

(d) A description of how the order of the court will becarried out.

(Added to NRS by 1985, 1382; A 1995, 362; 1999, 2039; 2001, 1260, 1846; 2001 Special Session,50; 2003, 236)

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

1. If thecourt finds that a child is in need of protection, it may, by its order, afterreceipt and review of the report from the agency which provides child welfareservices:

(a) Permit thechild to remain in the temporary or permanent custody of his parents or aguardian with or without supervision by the court or a person or agencydesignated by the court, and with or without retaining jurisdiction of thecase, upon such conditions as the court may prescribe;

(b) Place himin the temporary or permanent custody of a relative or other person who thecourt finds suitable to receive and care for him with or without supervision,and with or without retaining jurisdiction of the case, upon such conditions asthe court may prescribe; or

(c) Place himin the temporary custody of a public agency or institution authorized to carefor children, the local juvenile probation department, the local department ofjuvenile services or a private agency or institution licensed by the Departmentof Health and Human Services or a county whose population is 100,000 or more tocare for such a child.

In carrying out this subsection, thecourt may, in its sole discretion and in compliance with the requirements of chapter 159 of NRS, consider an application forthe guardianship of the child. If the court grants such an application, it mayretain jurisdiction of the case or transfer the case to another court ofcompetent jurisdiction.

2. If,pursuant to subsection 1, a child is placed other than with a parent:

(a) The parentretains the right to consent to adoption, to determine the childs religiousaffiliation and to reasonable visitation, unless restricted by the court. Ifthe custodian of the child interferes with these rights, the parent maypetition the court for enforcement of his rights.

(b) The courtshall set forth good cause why the child was placed other than with a parent.

3. If,pursuant to subsection 1, the child is to be placed with a relative, the courtmay consider, among other factors, whether the child has resided with aparticular relative for 3 years or more before the incident which brought thechild to the courts attention.

4. Except as otherwise provided in this subsection, acopy of the report prepared for the court by the agency which provides childwelfare services must be sent to the custodian and the parent or legalguardian. If the child was delivered to a provider of emergency servicespursuant to NRS 432B.630 and thelocation of the parent is unknown, the report need not be sent to that parent.

5. In determiningthe placement of a child pursuant to this section, if the child is notpermitted to remain in the custody of his parents or guardian:

(a) It must be presumed to be in the best interests ofthe child to be placed together with his siblings.

(b) Preference must be given to placing the child withany person related within the third degree of consanguinity to the child who issuitable and able to provide proper care and guidance for the child, regardlessof whether the relative resides within this State.

Any search for a relative with whomto place a child pursuant to this section must be completed within 1 year afterthe initial placement of the child outside of his home. If a child is placedwith any person who resides outside of this State, the placement must be inaccordance with NRS 127.330.

6. Within 60days after the removal of a child from his home, the court shall:

(a) Determinewhether:

(1) Theagency which provides child welfare services has made the reasonable effortsrequired by paragraph (a) of subsection 1 of NRS 432B.393; or

(2) Nosuch efforts are required in the particular case; and

(b) Prepare an explicit statement of the facts uponwhich its determination is based.

(Added to NRS by 1985, 1383; A 1987, 1195; 1991,1183, 1359, 1936; 1993, 468; 1999, 2040; 2001, 1261, 1847; 2001 Special Session,51; 2003, 236;2005, 2096; 2005, 22nd SpecialSession, 47)

NRS 432B.553 Planfor permanent placement of child.

1. An agency that obtains legal custody of a childpursuant to NRS 432B.550 shall:

(a) Adopt a plan for the permanent placement of thechild for review by the court at a hearing conducted pursuant to NRS 432B.590; and

(b) Make reasonable efforts to finalize the permanentplacement of the child in accordance with the plan adopted pursuant toparagraph (a). The provisions of subsections 4, 5 and 6 of NRS 432B.393 shall be deemed to apply tothe reasonable efforts required by this paragraph.

2. If the child is not residing in his home and hasbeen in foster care for 14 or more of the immediately preceding 20 months, theagency shall include the termination of parental rights to the child in theplan for the permanent placement of the child, unless the agency determinesthat:

(a) The child is in the care of a relative;

(b) The plan for the child requires the agency to makereasonable efforts pursuant to NRS432B.393 to reunify the family of the child, and the agency has not providedto the family, consistently within the period specified in the plan for thechild, such services as the agency deems necessary for the safe return of thechild to his home; or

(c) There are compelling reasons, which are documentedin the plan for the child, for concluding that the filing of a petition toterminate parental rights to the child would not be in the best interests ofthe child.

(Added to NRS by 2001, 1839)

NRS 432B.555 Restrictionon release of child to custodial parent or guardian who has been convicted ofabuse, neglect or endangerment of child. Inany proceeding held pursuant to NRS432B.410 to 432B.590, inclusive,if the court determines that a custodial parent or guardian of a child who hasbeen placed in protective custody has ever been convicted of a violation of NRS 200.508, the court shall not releasethe child to that custodial parent or guardian unless the court finds by clearand convincing evidence presented at the proceeding that no physical or psychologicalharm to the child will result from his release to that parent or guardian.

(Added to NRS by 1995, 805; A 2001, 1848; 2003, 592)

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

1. The court may also order:

(a) The child, a parent or the guardian to undergo suchmedical, psychiatric, psychological, or other care or treatment as the courtconsiders to be in the best interests of the child.

(b) A parent or guardian to refrain from:

(1) Any harmful or offensive conduct toward thechild, the other parent, the custodian of the child or the person givenphysical custody of the child; and

(2) Visiting the child if the court determinesthat the visitation is not in the best interest of the child.

(c) A reasonable right of visitation for a grandparentof the child if the child is not permitted to remain in the custody of hisparents.

2. The court shall order a parent or guardian to payto the custodian an amount sufficient to support the child while the child isin the care of the custodian pursuant to an order of the court, unless thechild was delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of theparent is unknown. Payments for the obligation of support must be determined inaccordance with NRS 125B.070 and 125B.080, but must not exceed thereasonable cost of the childs care, including food, shelter, clothing, medicalcare and education. An order for support made pursuant to this subsection must:

(a) Requirethat payments be made to the appropriate agency or office;

(b) Providethat the custodian is entitled to a lien on the obligors property in the eventof nonpayment of support; and

(c) Provide forthe immediate withholding of income for the payment of support unless:

(1) Allparties enter into an alternative written agreement; or

(2) Oneparty demonstrates and the court finds good cause to postpone the withholding.

3. A courtthat enters an order pursuant to subsection 2 shall ensure that the socialsecurity number of the parent or guardian who is the subject of the order is:

(a) Provided tothe Division of Welfare and Supportive Services of the Department of Health andHuman Services.

(b) Placed in the records relating to the matter and,except as otherwise required to carry out a specific statute, maintained in aconfidential manner.

(Added to NRS by 1985, 1383; A 1987, 1196; 1991,1339; 1993, 543; 1997, 2267; 1999, 2685; 2001, 1262)

NRS 432B.570 Motionfor revocation or modification of order.

1. A motion for revocation or modification of an orderissued pursuant to NRS 432B.550 or 432B.560 may be filed by the custodian ofthe child, the governmental organization or person responsible for supervisingthe care of the child, the guardian ad litem of the child or a parent orguardian. Notice of this motion must be given by registered or certified mailto all parties of the adjudicatory hearing, the custodian and the governmentalorganization or person responsible for supervising the care of the child.

2. The court shall hold a hearing on the motion andmay dismiss the motion or revoke or modify any order as it determines is in thebest interest of the child.

(Added to NRS by 1985, 1383)

NRS 432B.580 Semiannualreview by court of placement of child.

1. Except as otherwise provided in this section and NRS 432B.513, if a child is placedpursuant to NRS 432B.550 other thanwith a parent, the placement must be reviewed by the court at leastsemiannually, and within 90 days after a request by a party to any of the priorproceedings. Unless the parent, guardian or the custodian objects to thereferral, the court may enter an order directing that the placement be reviewedby a panel appointed pursuant to NRS432B.585.

2. An agency acting as the custodian of the childshall, before any hearing for review of the placement of a child, submit areport to the court, or to the panel if it has been designated to review thematter, which includes:

(a) An evaluation of the progress of the child and hisfamily and any recommendations for further supervision, treatment orrehabilitation; and

(b) Information concerning the placement of the childin relation to his siblings, including, without limitation:

(1) Whether the child was placed together withhis siblings;

(2) Any efforts made by the agency to have thechild placed together with his siblings;

(3) Any actions taken by the agency to ensurethat the child has contact with his siblings; and

(4) If the child is not placed together with hissiblings:

(I) The reasons why the child is not placedtogether with his siblings; and

(II) A plan for the child to visit hissiblings, which must be approved by the court.

3. Except as otherwise provided in this subsection, acopy of the report submitted pursuant to subsection 2 must be given to theparents, the guardian ad litem and the attorney, if any, representing theparent or the child. If the child was delivered to a provider of emergencyservices pursuant to NRS 432B.630 and theparent has not appeared in the action, the report need not be sent to thatparent.

4. After a plan for visitation between a child and hissiblings submitted pursuant to subparagraph (4) of paragraph (b) of subsection2 has been approved by the court, the agency which provides child welfareservices must request the court to issue an order requiring the visitation setforth in the plan for visitation. If a person refuses to comply with ordisobeys an order issued pursuant to this subsection, he may be punished as fora contempt of court.

5. The court or the panel shall hold a hearing toreview the placement, unless the parent, guardian or custodian files a motionwith the court to dispense with the hearing. If the motion is granted, thecourt or panel may make its determination from any report, statement or otherinformation submitted to it.

6. Except asotherwise provided in this subsection and paragraph (c) of subsection 6 of NRS 432B.520, notice of the hearing mustbe given by registered or certified mail to:

(a) All theparties to any of the prior proceedings; and

(b) Any personsplanning to adopt the child, relatives of the child or providers of foster carewho are currently providing care to the child.

Notice of the hearing need not begiven to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarilyrelinquished the child for adoption pursuant to NRS 127.040.

7. The courtor panel may require the presence of the child at the hearing and shall provideto each person to whom notice was given pursuant to subsection 6 an opportunityto be heard at the hearing.

8. The courtor panel shall review:

(a) Thecontinuing necessity for and appropriateness of the placement;

(b) The extentof compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;

(c) Anyprogress which has been made in alleviating the problem which resulted in theplacement of the child; and

(d) The datethe child may be returned to, and safely maintained in, his home or placed foradoption or under a legal guardianship.

9. The provision of notice and an opportunity to beheard pursuant to this section does not cause any person planning to adopt thechild, or any relative or provider of foster care to become a party to thehearing.

(Added to NRS by 1985, 1384; A 1991, 1360; 1999, 2041; 2001, 1263, 1704; 2005, 2098)

NRS 432B.585 Appointmentof panel to conduct semiannual review. For thepurposes of conducting a review required by NRS432B.580, the judge or judges of the court may by mutual consent appoint apanel of three or more persons. The persons so appointed shall serve withoutcompensation and at the pleasure of the court.

(Added to NRS by 1991, 1358; A 2001, 1705)

NRS 432B.590 Annualhearing on disposition of case; when presumption that best interests of childwill be served by termination of parental rights arises.

1. Except as otherwise provided in NRS 432B.513, the court shall hold a hearingconcerning the permanent placement of a child:

(a) Not later than 12 months after the initial removalof the child from his home and annually thereafter.

(b) Within 30 days after making any of the findings setforth in subsection 3 of NRS 432B.393.

Notice ofthis hearing must be given by registered or certified mail to all the personsto whom notice must be given pursuant to subsection 6 of NRS 432B.580.

2. The court may require the presence of the child atthe hearing and shall provide to each person to whom notice was given pursuantto subsection 1 an opportunity to be heard at the hearing.

3. At the hearing, the court shall review any plan forthe permanent placement of the child adopted pursuant to NRS 432B.553 and determine:

(a) Whether theagency with legal custody of the child has made the reasonable efforts requiredby subsection 1 of NRS 432B.553; and

(b) Whether,and if applicable when:

(1) The child should be returned to his parentsor placed with other relatives;

(2) It is in the best interests of the child to:

(I) Initiate proceedings to terminateparental rights pursuant to chapter 128 of NRSso that the child can be placed for adoption;

(II) Initiate proceedings to establish aguardianship pursuant to chapter 159 of NRS;or

(III)Establish a guardianship in accordance with NRS432B.466 to 432B.468, inclusive;or

(3) Theagency with legal custody of the child has produced documentation of itsconclusion that there is a compelling reason for the placement of the child inanother permanent living arrangement.

The courtshall prepare an explicit statement of the facts upon which each of itsdeterminations is based. If the court determines that it is in the bestinterests of the child to terminate parental rights, the court shall use itsbest efforts to ensure that the procedures required by chapter 128 of NRS are completed within 6 monthsafter the date the court makes that determination, including, withoutlimitation, appointing a private attorney to expedite the completion of theprocedures. The provisions of this subsection do not limit the jurisdiction ofthe court to review any decisions of the agency with legal custody of the childregarding the permanent placement of the child.

4. If a child has been placed outside of his home andhas resided outside of his home pursuant to that placement for 14 months of any20 consecutive months, the best interests of the child must be presumed to beserved by the termination of parental rights.

5. This hearing may take the place of the hearing forreview required by NRS 432B.580.

6. The provision of notice and an opportunity to beheard pursuant to this section does not cause any person planning to adopt thechild, or any relative or provider of foster care to become a party to thehearing.

(Added to NRS by 1985, 1384; A 1991, 1360; 1995, 362;1999, 2042; 2001, 1705, 1848; 2003, 87, 592; 2005, 2099)

ADVISORY BOARDS TO EXPEDITE PROCEEDINGS FOR PLACEMENT OFCHILDREN

NRS 432B.602 RuralAdvisory Board to Expedite Proceedings for Placement of Children: Creation;terms; vacancies; members serve without compensation; duties. [Effective uponthe Division of Child and Family Services of the Department of Health and HumanServices being notified of the creation of three or more local advisory boardsto expedite proceedings for the placement of children pursuant to NRS 432B.604.]

1. The Rural Advisory Board to Expedite Proceedingsfor the Placement of Children, consisting of two members from each localadvisory board created by a district court pursuant to NRS 432B.604, is hereby created withinthe Division of Child and Family Services.

2. After the initial terms, the members of the RuralAdvisory Board serve terms of 4 years. Any member of the Rural Advisory Boardmay be reappointed. If a vacancy occurs during the term of a member, thedistrict court that created the local advisory board from which the member wasappointed shall appoint a person to replace that member for the remainder ofthe unexpired term.

3. Members of the Rural Advisory Board serve withoutcompensation, except that necessary travel and per diem expenses may bereimbursed, not to exceed the amounts provided for state officers and employeesgenerally, to the extent that money is made available for that purpose.

4. The Division of Child and Family Services shallprovide the Rural Advisory Board with administrative support and shall provideany information requested by the Rural Advisory Board to the Rural AdvisoryBoard within 10 working days after receiving the request for information.

5. The Rural Advisory Board shall:

(a) At its first meeting and annually thereafter, electa Chairman from among its members.

(b) Meet at least four times annually and may meet atother times upon the call of the Chairman.

(c) Review the findings of each local advisory boardcreated pursuant to NRS 432B.604.

(d) Prepare and make available to the public an annualreport, including, without limitation, a summary of the activities of the RuralAdvisory Board.

(Added to NRS by 1999, 2029,effective upon the Division of Child and Family Services of the Department ofHealth and Human Services being notified of the creation of three or more localadvisory boards to expedite proceedings for the placement of children pursuantto NRS 432B.604)

NRS 432B.604 Localadvisory boards to expedite proceedings for placement of children: Creation;members; terms; vacancies; members serve without compensation; duties.

1. The district court in each judicial district thatincludes a county whose population is less than 100,000 shall create a localadvisory board to expedite proceedings for the placement of children. Thedistrict court shall appoint to the local advisory board:

(a) One member who is representative of foster parents;

(b) One member who is representative of attorneys inpublic or private practice;

(c) One member who is employed by the Division of Childand Family Services;

(d) One member who is either employed by the publicschool system and works with children on a regular basis, or works in the fieldof mental health and works with children on a regular basis; and

(e) One member who is a resident of the judicialdistrict in which the local advisory board is created.

2. The district court shall provide for initial termsof each member of the local advisory board so that the terms are staggered.After the initial terms, the members of the local advisory board shall serveterms of 4 years. Any member of the local advisory board may be reappointed. Ifa vacancy occurs during the term of a member, the district court shall appointa person similarly qualified to replace that member for the remainder of theunexpired term. The district court may remove a member from the local advisoryboard if the member neglects his duty or commits malfeasance in office.

3. The district court shall appoint two members of thelocal advisory board to serve on the Rural Advisory Board created pursuant to NRS 432B.602.

4. Members of a local advisory board serve withoutcompensation, and necessary travel and per diem expenses may not be reimbursed.

5. The Division of Child and Family Services shallprovide each local advisory board with administrative support and shall provideany information requested by a local advisory board to the local advisory boardwithin 10 working days after receiving the request for information.

6. Each local advisory board shall:

(a) At its first meeting and annually thereafter, electa chairman from among its members.

(b) Review each case referred to it pursuant to NRS 432B.606, and provide the referringcourt and the Office of the Attorney General with any recommendations toexpedite the completion of the case.

(c) Twice each year, provide a report of its activitiesand any recommendations to expedite the completion of cases to the districtcourt, the Division of Child and Family Services and the Legislature, or theLegislative Commission when the Legislature is not in regular session.

7. A local advisory board may review other cases asdeemed appropriate by the district court.

(Added to NRS by 1999, 2030)

NRS 432B.606 Referralof case by court to local advisory board. Ifthe court has not approved the permanent placement of a child within 12 monthsafter the initial removal of the child from his home, it shall refer the caseto the local advisory board created pursuant to NRS 432B.604, if such a local advisoryboard was created for that judicial district, to obtain recommendations fromthe local advisory board to expedite the completion of the case.

(Added to NRS by 1999, 2031)

COURT-ORDERED ADMISSION OF CERTAIN EMOTIONALLY DISTURBEDCHILDREN TO CERTAIN FACILITIES

NRS 432B.607 Definitions. As used in NRS432B.607 to 432B.6085, inclusive,unless the context otherwise requires, the words and terms defined in NRS 432B.6071 to 432B.6074, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2005, 1317)

NRS 432B.6071 Emotionallydisturbed child defined. Emotionallydisturbed child has the meaning ascribed to it in NRS 433B.080.

(Added to NRS by 2005, 1317)

NRS 432B.6072 Facilitydefined. Facility means a psychiatrichospital or facility which provides residential treatment for mental illnessthat has a unit in the hospital or facility capable of being locked to preventan emotionally disturbed child from leaving the hospital or facility.

(Added to NRS by 2005, 1317)

NRS 432B.6073 Personprofessionally qualified in the field of psychiatric mental health defined. Person professionally qualified in the field of psychiatricmental health has the meaning ascribed to it in NRS 433A.018.

(Added to NRS by 2005, 1318)

NRS 432B.6074 Treatmentdefined. Treatment has the meaning ascribedto it in NRS 433.224.

(Added to NRS by 2005, 1318)

NRS 432B.6075 Petition:Filing; certificate or statement of alleged emotional disturbance. A proceeding for a court-ordered admission of a childalleged to be an emotionally disturbed child who is in the custody of an agencywhich provides child welfare services to a facility may be commenced by thefiling of a petition with the clerk of the court which has jurisdiction inproceedings concerning the child. The petition may be filed by the agency whichprovides child welfare services without the consent of a parent of the child.The petition must be accompanied:

1. By a certificate of a physician, psychiatrist orlicensed psychologist stating that he has examined the child alleged to beemotionally disturbed and has concluded that the child is emotionally disturbedand, because of that condition is likely to harm himself or others if allowedhis liberty; or

2. By a sworn written statement by the petitionerthat:

(a) The petitioner has, based upon his personalobservation of the child alleged to be emotionally disturbed, probable cause tobelieve that the child is emotionally disturbed and, because of that conditionis likely to harm himself or others if allowed his liberty; and

(b) The child alleged to be emotionally disturbed hasrefused to submit to examination or treatment by a physician, psychiatrist orlicensed psychologist.

(Added to NRS by 2005, 1318)

NRS 432B.6076 Findingsand order; alternative courses of treatment.

1. Except as otherwise provided in NRS 432B.6077, if the court finds, afterproceedings for the court-ordered admission of a child alleged to be anemotionally disturbed child who is in the custody of an agency which provideschild welfare services to a facility:

(a) That there is not clear and convincing evidencethat the child with respect to whom the hearing was held exhibits observablebehavior such that he is likely to harm himself or others if allowed hisliberty, the court shall enter its finding to that effect and the child mustnot be admitted to a facility.

(b) That there is clear and convincing evidence that thechild with respect to whom the hearing was held is in need of treatment in afacility and is likely to harm himself or others if allowed his liberty, thecourt may order the admission of the child for the most appropriate course oftreatment. The order of the court must be interlocutory and must not becomefinal if, within 30 days after the admission, the child is unconditionallyreleased from the facility pursuant to NRS432B.6084.

2. Before issuing an order for admission or a renewalthereof, the court shall explore other alternative courses of treatment withinthe least restrictive appropriate environment as suggested by the evaluationteam who evaluated the child, or other persons professionally qualified in thefield of psychiatric mental health, which the court believes may be in the bestinterests of the child.

(Added to NRS by 2005, 1318)

NRS 432B.6077 Petitionrequired before child may be placed in facility other than under emergencyadmission; psychological examination of child required under certaincircumstances; placement in less restrictive environment; any person may opposepetition.

1. An agency which provides child welfare servicesshall not place a child who is in the custody of the agency in a facility,other than under an emergency admission, unless the agency has petitioned thecourt for the court-ordered admission of the child to a facility pursuant to NRS 432B.6075.

2. If a petition for the court-ordered admission of achild filed pursuant to NRS 432B.6075is accompanied by the information described in subsection 2 of NRS 432B.6075, the court shall order apsychological evaluation of the child.

3. If a court which receives a petition filed pursuantto NRS 432B.6075 for thecourt-ordered admission to a facility of a child who is in the custody of anagency which provides child welfare services determines pursuant to subsection2 of NRS 432B.6076 that the childcould be treated effectively in a less restrictive appropriate environment thana facility, the court must order the placement of the child in a lessrestrictive appropriate environment. In making such a determination, the courtmay consider any information provided to the court, including, withoutlimitation:

(a) Any information provided pursuant to subsection 4;

(b) Any suggestions of psychologists, psychiatrists orother physicians who have evaluated the child concerning the appropriateenvironment for the child; and

(c) Any suggestions of licensed clinical social workersor other professionals or any adult caretakers who have interacted with thechild and have information concerning the appropriate environment for thechild.

4. If a petition for the court-ordered admission of achild who is in the custody of an agency which provides child welfare servicesis filed pursuant to NRS 432B.6075:

(a) Any person, including, without limitation, thechild, may oppose the petition for the court-ordered admission of the child byfiling a written opposition with the court; and

(b) The agency which provides child welfare servicesmust present information to the court concerning whether:

(1) A facility is the appropriate environment toprovide treatment to the child; or

(2) A less restrictive appropriate environmentwould serve the needs of the child.

(Added to NRS by 2005, 1318)

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

1. Not later than 5 days after a child who is in thecustody of an agency which provides child welfare services has been admitted toa facility pursuant to NRS 432B.6076,the agency which provides child welfare services shall inform the child of hislegal rights and the provisions of NRS432B.607 to 432B.6085, inclusive,433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433Bof NRS and, if the child or the childs attorney desires, assist the child inrequesting the court to authorize a second examination by an evaluation teamthat includes a physician, psychiatrist or licensed psychologist other than aphysician, psychiatrist or licensed psychologist who performed an originalexamination which authorized the court to order the admission of the child tothe facility.

2. If the court authorizes a second examination of thechild, the examination must:

(a) Include, without limitation, an evaluationconcerning whether the child should remain in the facility and a recommendationconcerning the appropriate placement of the child which must be provided to thefacility; and

(b) Be paid for by the governmental entity that isresponsible for the agency which provides child welfare services, if suchpayment is not otherwise provided by the State Plan for Medicaid.

(Added to NRS by 2005, 1319)

NRS 432B.6079 Considerationsfor court in issuing or renewing order. Indetermining pursuant to NRS 432B.6076and 432B.608 whether to issue or renewan order for the admission of a child who is in the custody of an agency whichprovides child welfare services to a facility, the court shall consider:

1. The reports of any examinations or evaluations of achild by any psychologist, psychiatrist or other physician;

2. Any information concerning the child provided tothe court by a licensed clinical social worker or other professional or anyadult caretaker who is knowledgeable about the child or a guardian ad litemappointed for the child pursuant to NRS432B.500;

3. The wishes of the child concerning his care,treatment and training and placement in a facility;

4. The best interests of the child, including, withoutlimitation, whether the court believes the child might experience anypsychological trauma from court-ordered admission;

5. Any alternative care, treatment or trainingoptions; and

6. Any other information the court deems relevantconcerning the child.

(Added to NRS by 2005, 1320)

NRS 432B.608 Expirationand renewal of admission.

1. If the court issues an order for the admission to afacility of a child who is in the custody of an agency which provides childwelfare services pursuant to NRS432B.6076, the admission automatically expires at the end of 90 days if notterminated previously by the facility as provided for in subsection 2 of NRS 432B.6084.

2. At the end of the court-ordered period oftreatment, the agency which provides child welfare services, the Division ofChild and Family Services or any facility may petition to renew the admissionof the child for additional periods not to exceed 60 days each.

3. For each renewal, the petition must set forth thespecific reasons why further treatment in the facility would be in the bestinterests of the child.

(Added to NRS by 2005, 1320)

NRS 432B.6081 Planfor continued care, treatment and training of child upon discharge. A facility which provides care, treatment or training to achild who is in the custody of an agency which provides child welfare servicesand who is admitted to the facility pursuant to NRS 432B.6076 shall develop a plan, inconsultation with the child, for the continued care, treatment and training ofthe child upon discharge from the facility. The plan must:

1. Be developed not later than 5 days after the childis admitted to the facility;

2. Be submitted to the court after each period ofadmission ordered by the court pursuant to NRS432B.6076 in the manner set forth in NRS432B.608; and

3. Include, without limitation:

(a) The anticipated date of discharge of the child fromthe facility;

(b) The criteria which must be satisfied before thechild is discharged from the facility, as determined by the medicalprofessional responsible for the care, treatment and training of the child inthe facility;

(c) The name of any psychiatrist or psychologist whowill provide care, treatment or training to the child after the child isdischarged from the facility, if appropriate;

(d) A plan for any appropriate care, treatment ortraining for the child for at least 30 days after the child is discharged fromthe facility; and

(e) The suggested placement of the child after thechild is discharged from the facility.

(Added to NRS by 2005, 1320)

NRS 432B.6082 Personalrights. In addition to the personal rights setforth in NRS 432B.607 to 432B.6085, inclusive, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433Bof NRS, a child who is in the custody of an agency which provides child welfareservices and who is admitted to a facility has the following personal rights, alist of which must be prominently posted in all facilities providingevaluation, treatment or training services to such children and must beotherwise brought to the attention of the child by such additional means asprescribed by regulation:

1. To receive an education as required by law; and

2. To receive an allowance from the agency whichprovides child welfare services in an amount equivalent to any allowancerequired to be provided to children who reside in foster homes.

(Added to NRS by 2005, 1321)

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

1. Except as otherwise provided in subsection 3, anychild who is admitted to a facility by a court pursuant to NRS 432B.6076 may be conditionallyreleased from the facility when, in the judgment of the medical director of thefacility, the conditional release is in the best interest of the child and willnot be detrimental to the public welfare. The medical director or his designeeof the facility shall prescribe the period for which the conditional release iseffective. The period must not extend beyond the last day of the court-orderedperiod of treatment specified pursuant to NRS432B.608.

2. When a child is conditionally released pursuant tosubsection 1, the State or a county, or any of its agents or employees, is notliable for any debts or contractual obligations, medical or otherwise, incurredor damages caused by the actions of the child.

3. A child who was admitted by a court because he waslikely to harm others if allowed to remain at liberty may be conditionallyreleased only if, at the time of the release, written notice is given to thecourt which admitted him and to the attorney of the agency which provides childwelfare services that initiated the proceedings for admission.

4. Except as otherwise provided in subsection 6, theadministrative officer of a facility or his designee shall order a child who isconditionally released from that facility pursuant to this section to return tothe facility if a psychiatrist and a member of that childs treatment team whois professionally qualified in the field of psychiatric mental health determinethat the conditional release is no longer appropriate because that childpresents a clear and present danger of harm to himself or others. Except asotherwise provided in this subsection, the administrative officer or his designeeshall, at least 3 days before the issuance of the order to return, give writtennotice of the order to the court that admitted the child to the facility. If anemergency exists in which the child presents an imminent threat of danger ofharm to himself or others, the order must be submitted to the court not laterthan 1 business day after the order is issued.

5. The court shall review an order submitted pursuantto subsection 4 and the current condition of the child who was ordered toreturn to the facility at its next regularly scheduled hearing for the reviewof petitions for court-ordered admissions, but in no event later than 5judicial days after the child is returned to the facility. The administrativeofficer or his designee shall give written notice to the agency which provideschild welfare services, to the child who was ordered to return to the facilityand to the childs attorney of the time, date and place of the hearing and ofthe facts necessitating that childs return to the facility.

6. The provisions of subsection 4 do not apply if theperiod of conditional release has expired.

(Added to NRS by 2005, 1321)

NRS 432B.6084 Releasewithout further order of court; early release.

1. When a child who is admitted to a facility by acourt pursuant to NRS 432B.6076 isreleased at the end of the court-ordered period of treatment specified pursuantto NRS 432B.608, written notice mustbe given to the admitting court at least 10 days before the release of thechild. The child may then be released without requiring further orders of thecourt.

2. A child who is admitted to a facility by a courtpursuant to NRS 432B.6076 may beunconditionally released before the court-ordered period of treatment specifiedin NRS 432B.608 when:

(a) An evaluation team, including, without limitation,an evaluation team that conducts an examination pursuant to NRS 432B.6078, or two personsprofessionally qualified in the field of psychiatric mental health, at leastone of them being a physician, determines that the child has recovered from hisemotional disturbance or has improved to such an extent that he is no longerconsidered to present a clear and present danger of harm to himself or others;and

(b) Under advisement from the evaluation team or twopersons professionally qualified in the field of psychiatric mental health, atleast one of them being a physician, the medical director of the facilityauthorizes the release and gives written notice to the admitting court at least10 days before the release of the child.

(Added to NRS by 2005, 1322)

NRS 432B.6085 Childrensrights; application of various provisions of chapter 433 of NRS and all of chapters 433Aand 433Bof NRS to children in custody of agency which provides child welfare services.

1. Nothing in this chapter purports to deprive anyperson of any legal rights without due process of law.

2. Unless the context clearly indicates otherwise, theprovisions of NRS 432B.607 to 432B.6085, inclusive, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433Bof NRS apply to all children who are in the custody of an agency which provideschild welfare services.

(Added to NRS by 2005, 1322)

SEXUAL ABUSE OR SEXUAL EXPLOITATION OF CHILDREN UNDER AGEOF 18 YEARS

NRS 432B.610 Trainingof certain peace officers for detection and investigation of and response tocases of sexual abuse or sexual exploitation of children; regulations.

1. The Peace Officers Standards and TrainingCommission shall:

(a) Require each category I peace officer to complete aprogram of training for the detection and investigation of and response tocases of sexual abuse or sexual exploitation of children under the age of 18years.

(b) Not certify any person as a category I peaceofficer unless he has completed the program of training required pursuant toparagraph (a).

(c) Establish a program to provide the trainingrequired pursuant to paragraph (a).

(d) Adopt regulations necessary to carry out theprovisions of this section.

2. As used in this section, category I peace officermeans:

(a) Sheriffs of counties and of metropolitan policedepartments, their deputies and correctional officers;

(b) Personnel of the Nevada Highway Patrol whoseprincipal duty is to enforce one or more laws of this State, and any personpromoted from such a duty to a supervisory position related to such a duty;

(c) Marshals, policemen and correctional officers ofcities and towns;

(d) Members of the Police Department of the NevadaSystem of Higher Education;

(e) Employees of the Division of State Parks of theState Department of Conservation and Natural Resources designated by theAdministrator of the Division who exercise police powers specified in NRS 289.260;

(f) The Chief, investigators and agents of theInvestigation Division of the Department of Public Safety; and

(g) The personnel of the Department of Wildlife whoexercise those powers of enforcement conferred by title 45 and chapter 488 of NRS.

(Added to NRS by 1993, 1335; A 1995, 559; 1999, 2429; 2001, 2614; 2003, 1564; 2005, 674)

NRS 432B.620 Certificationof peace officers who regularly investigate cases of sexual abuse or sexualexploitation of children; regulations.

1. A peace officer assigned to investigate regularlycases of sexual abuse or sexual exploitation of children under the age of 18years must be certified to carry out those duties by the Peace OfficersStandards and Training Commission.

2. The Peace Officers Standards and TrainingCommission shall require each peace officer assigned to investigate regularlycases of sexual abuse or sexual exploitation of children under the age of 18years to complete, within 1 year after he is assigned to investigate thosecases and each year thereafter, a program of training for the detection andinvestigation of and response to cases of sexual abuse or sexual exploitationof children under the age of 18 years.

3. If a law enforcement agency does not have a peaceofficer who is certified to investigate cases of sexual abuse or sexualexploitation of children under the age of 18 years pursuant to NRS 432B.610, it may consult with a peaceofficer of another law enforcement agency who is so certified.

4. The Peace Officers Standards and TrainingCommission shall:

(a) Establish the program of training required pursuantto subsection 2.

(b) Adopt regulations necessary to carry out theprovisions of this section.

5. The provisions of this section do not prohibit apeace officer who is not certified to investigate cases of sexual abuse orsexual exploitation of children under the age of 18 years pursuant to NRS 432B.610 from testifying orpresenting evidence at any proceeding relating to the sexual abuse or sexualexploitation of a child under the age of 18 years.

(Added to NRS by 1993, 1336; A 1999, 2430)

MISCELLANEOUS PROVISIONS

NRS 432B.630 Deliveryof newborn child to provider of emergency services.

1. A provider of emergency services shall takeimmediate possession of a child who is or appears to be not more than 30 daysold:

(a) When:

(1) The child is voluntarily delivered to theprovider by a parent of the child; and

(2) The parent does not express an intent toreturn for the child; or

(b) When the child is delivered to the provider byanother provider of emergency services pursuant to paragraph (b) of subsection2.

2. A provider of emergency services who takespossession of a child pursuant to subsection 1 shall:

(a) Whenever possible, inform the parent of the childthat:

(1) By allowing the provider to take possessionof the child, the parent is presumed to have abandoned the child;

(2) By failing or refusing to provide an addresswhere he can be located, the parent waives any notice of the hearing to beconducted pursuant to NRS 432B.470;and

(3) Unless the parent contacts the local agencywhich provides child welfare services, action will be taken to terminate hisparental rights regarding the child.

(b) Perform any act necessary to maintain and protectthe physical health and safety of the child. If the provider is a publicfire-fighting agency or a law enforcement agency, the provider shallimmediately cause the safe delivery of the child to a hospital, an obstetriccenter or an independent center for emergency medical care licensed pursuant tochapter 449 of NRS.

(c) As soon as reasonably practicable but not laterthan 24 hours after the provider takes possession of the child, report thatpossession to an agency which provides child welfare services.

3. A parent who delivers a child to a provider ofemergency services pursuant to paragraph (a) of subsection 1:

(a) Shall leave the child:

(1) In the physical possession of a person whothe parent has reasonable cause to believe is an employee of the provider; or

(2) On the property of the provider in a mannerand location that the parent has reasonable cause to believe will not threatenthe physical health or safety of the child, and immediately contact theprovider, through the local emergency telephone number or otherwise, and informthe provider of the delivery and location of the child. A provider of emergencyservices is not liable for any civil damages as a result of any harm or injurysustained by a child after the child is left on the property of the providerpursuant to this subparagraph and before the provider is informed of thedelivery and location of the child pursuant to this subparagraph or theprovider takes physical possession of the child, whichever occurs first.

(b) Shall be deemed to have given his consent to theperformance of all necessary emergency services and care for the child.

(c) Must not be required to provide any background ormedical information regarding the child, but may voluntarily do so.

(d) Unless there is reasonable cause to believe thatthe child has been abused or neglected, excluding the mere fact that the parenthas delivered the child to the provider pursuant to subsection 1:

(1) Must not be required to disclose anyidentifying information, but may voluntarily do so;

(2) Must be allowed to leave at any time; and

(3) Must not be pursued or followed.

4. As used in this section, provider of emergencyservices means:

(a) A hospital, an obstetric center or an independentcenter for emergency medical care licensed pursuant to chapter 449 of NRS;

(b) A public fire-fighting agency; or

(c) A law enforcement agency.

(Added to NRS by 2001, 1254; A 2001 Special Session,56; 2003, 236)

NRS 432B.640 Assessmentof child who may need counseling as result of battery that constitutes domesticviolence; provision of evaluation or counseling.

1. Upon receiving a referral from a court pursuant tosubsection 6 of NRS 200.485, an agencywhich provides child welfare services may, as appropriate, conduct anassessment to determine whether a psychological evaluation or counseling isneeded by a child.

2. If an agency which provides child welfare servicesconducts an assessment pursuant to subsection 1 and determines that apsychological evaluation or counseling would benefit the child, the agency may,with the approval of the parent or legal guardian of the child:

(a) Conduct the evaluation or counseling; or

(b) Refer the child to a person that has entered intoan agreement with the agency to provide those services.

(Added to NRS by 2001, 2487)

 

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