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2017 Nevada Revised Statutes
Chapter 432B - Protection of Children From Abuse and Neglect
GENERAL PROVISIONS
General Provisions
General Provisions
- NRS 432B.010 - Definitions.
- NRS 432B.020 - “Abuse or neglect of a child” defined.
- NRS 432B.030 - “Agency which provides child welfare services” defined.
- NRS 432B.035 - “Central Registry” defined.
- NRS 432B.040 - “Child” defined.
- NRS 432B.042 - “Child protective services” defined.
- NRS 432B.044 - “Child welfare services” defined.
- NRS 432B.050 - “Court” defined.
- NRS 432B.060 - “Custodian” defined.
- NRS 432B.065 - “Division of Child and Family Services” defined.
- NRS 432B.067 - “Indian child” defined.
- NRS 432B.068 - “Indian Child Welfare Act” defined.
- NRS 432B.069 - “Information maintained by an agency which provides child welfare services” defined.
- NRS 432B.070 - “Mental injury” defined.
- NRS 432B.080 - “Parent” defined.
- NRS 432B.090 - “Physical injury” defined.
- NRS 432B.100 - “Sexual abuse” defined.
- NRS 432B.110 - “Sexual exploitation” defined.
- NRS 432B.121 - Definition of when person has “reasonable cause to believe” and when person acts “as soon as reasonably practicable.”
- NRS 432B.130 - Persons responsible for child’s welfare.
- NRS 432B.135 - Child in custody of agency which provides child welfare services deemed homeless in certain circumstances.
- NRS 432B.140 - Negligent treatment or maltreatment.
- NRS 432B.150 - Excessive corporal punishment may constitute abuse or neglect.
- NRS 432B.153 - Presumptions concerning custody and visitation when parent of child is convicted of first degree murder of other parent of child.
- NRS 432B.157 - Presumption concerning custody when court determines that parent or other person seeking custody of child is perpetrator of domestic violence.
- NRS 432B.159 - Presumption concerning custody and visitation when parent or other person seeking custody of child is perpetrator of any act of abduction against the child.
- NRS 432B.160 - Immunity from civil or criminal liability; presumption.
- NRS 432B.165 - Authority of agency which provides child welfare services and other entities to provide information to assist in locating a missing child; information not confidential; report of information received concerning missing child who is in custody of agency.
- NRS 432B.170 - Authority of agency which provides child welfare services to share information with state or local agencies.
- NRS 432B.175 - Availability of data or information regarding fatality or near fatality of child who is subject of report of abuse or neglect; limitation on disclosure; regulations.
- NRS 432B.178 - Director of Department of Health and Human Services authorized to create interagency committee to evaluate child welfare system in this State; appointment of members; submission of written report.
General Provisions
- NRS 432B.180 - Duties of Division of Child and Family Services.
- NRS 432B.190 - Regulations to be adopted by Division of Child and Family Services.
- NRS 432B.195 - Agency which provides child welfare services required to provide training to certain employees concerning rights of certain persons responsible for child’s welfare; employees not required or authorized to offer legal advice, legal assistance or legal interpretation of state or federal laws.
- NRS 432B.197 - Agency which provides child welfare services required to establish policies to ensure that children in custody of agency have access to and safe administration of clinically appropriate psychotropic medication.
- NRS 432B.198 - Employment with agency which provides child welfare services: Background investigation required; periodic additional investigations.
- NRS 432B.199 - Employment with agency which provides child welfare services: Termination of employee charged with or convicted of certain crimes; correction of information.
- NRS 432B.200 - Toll-free telephone number for reports of abuse or neglect.
- NRS 432B.210 - State, political subdivisions and agencies to cooperate with agencies which provide child welfare services.
- NRS 432B.215 - Acquisition and use of information concerning probationers and parolees.
- NRS 432B.2155 - Corrective action or corrective action plan to be carried out by agency which provides child welfare services when necessary; consequences of failing to carry out action or plan within required period; Division of Child and Family Services to adopt regulations.
- NRS 432B.216 - Agency which provides child welfare services to submit biennial improvement plan; agency to solicit input regarding plan; requirements of plan; agency to submit annual data to Division of Child and Family Services.
- NRS 432B.2165 - Division of Child and Family Services to administer program to award incentive payment to agency which provides child welfare services in a county whose population is 100,000 or more; application for incentive payment; approval and denial of incentive payment.
- NRS 432B.217 - Application by agency which provides child welfare services for incentive payment in subsequent years; approval of application; amount of subsequent incentive payment.
- NRS 432B.2175 - Agency which provides child welfare services that receives incentive payment to submit report to Division of Child and Family Services demonstrating percentage of goal achieved.
- NRS 432B.218 - Annual report to Governor and Legislature concerning achievement of specific performance targets in improvement plans and specific goals established to receive incentive payment.
- NRS 432B.2185 - Block grant awarded to agency which provides child welfare services in county whose population is 100,000 or more; amount and use of block grant.
- NRS 432B.219 - Categorical grants for adoption assistance programs; determination of amount; restrictions on use.
- NRS 432B.220 - Persons required to make report; when and to whom reports are required; any person may make report; report and written findings if reasonable cause to believe death of child caused by abuse or neglect; certain persons and entities required to inform reporters of duty to report.
- NRS 432B.225 - Attorney prohibited from reporting abuse or neglect of child in certain circumstances.
- NRS 432B.230 - Method of making report; contents.
- NRS 432B.240 - Penalty for failure to make report.
- NRS 432B.250 - Persons required to report prohibited from invoking certain privileges.
- NRS 432B.255 - Admissibility of evidence.
- NRS 432B.260 - Action upon receipt of report; agency which provides child welfare services required to inform person named in report of allegation of abuse or neglect if report is investigated.
- NRS 432B.270 - Interview of child and sibling of child concerning possible abuse or neglect; photographs, X-rays and medical tests.
- NRS 432B.280 - Confidentiality of information maintained by an agency which provides child welfare services; exceptions; penalty.
- NRS 432B.290 - Maintenance of information by agency which provides child welfare services; authorized release of such information; penalty; fee for release of information; rules, policies or regulations.
- NRS 432B.300 - Determinations to be made from investigation of report.
- NRS 432B.310 - Report to Central Registry of abuse or neglect required upon completion of investigation; report to Central Registry of prenatal illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure only required if child has been abused or neglected after child was born.
- NRS 432B.315 - Written notification of substantiated report to person responsible for child’s welfare.
- NRS 432B.317 - Administrative appeal of substantiated report; hearing.
- NRS 432B.320 - Waiver of full investigation of report.
- NRS 432B.325 - County whose population is 100,000 or more to provide child protective services in county; county whose population is less than 100,000 to provide such services in certain circumstances.
- NRS 432B.326 - Payment of assessment for provision of child protective services by county whose population is less than 100,000; exemption.
- NRS 432B.327 - Division of Child and Family Services to submit certain reports concerning budgets for child protective services to Governor, certain counties and Legislative Commission.
- NRS 432B.330 - Circumstances under which child is or may be in need of protection.
- NRS 432B.340 - Determination that child needs protection but is not in imminent danger.
- NRS 432B.350 - Teams for protection of child.
- NRS 432B.360 - Voluntary placement of child with agency or institution; regulations.
- NRS 432B.370 - Determination that child is not in need of protection.
- NRS 432B.380 - Referral of case to district attorney for criminal prosecution; recommendation to file petition.
- NRS 432B.390 - Placement of child in protective custody.
- NRS 432B.3905 - Limitations on transfer and placement of child who is under 6 years of age; notice.
- NRS 432B.391 - Agency which provides child welfare services or designee authorized to conduct preliminary Federal Bureau of Investigation name-based check of background of certain adult residents of home in which child will be placed in emergency situation; person investigated to supply fingerprints; exchange of information; removal of child from home upon refusal to supply fingerprints.
- NRS 432B.393 - Preservation and reunification of family of child to prevent or eliminate need for removal from home before placement in foster care and to make safe return to home possible; when reasonable efforts are not required; determining whether reasonable efforts have been made.
- NRS 432B.396 - Establishment of panel to evaluate extent to which agencies which provide child welfare services are effectively discharging their responsibilities; regulations; civil penalties.
- NRS 432B.397 - Inquiry to determine whether child is Indian child; report to court; training regarding requirements of Indian Child Welfare Act.
- NRS 432B.400 - Temporary detention of child by physician or person in charge of hospital or similar institution.
- NRS 432B.403 - Purpose of organizing child death review teams.
- NRS 432B.405 - Organization of child death review teams.
- NRS 432B.406 - Composition of child death review teams.
- NRS 432B.407 - Information available to child death review teams; sharing of certain information; subpoena to obtain information; confidentiality of information.
- NRS 432B.4075 - Authority of Administrator to organize multidisciplinary team to oversee review conducted by child death review team; access to information and privileges.
- NRS 432B.408 - Executive Committee to Review the Death of Children to review report of child death review team.
- NRS 432B.409 - Establishment, composition and duties of Executive Committee to Review the Death of Children; creation of and use of money in Review of Death of Children Account.
- NRS 432B.4095 - Civil penalty for disclosure of confidential information; authority to bring action; deposit of money.
General Provisions
- NRS 432B.410 - Exclusive original jurisdiction; action does not preclude prosecution.
- NRS 432B.420 - Right of parent or other responsible person to representation by attorney; authority of court to appoint attorney to represent child; authority and rights of child’s attorney; compensation of attorney; appointment of attorney as guardian ad litem.
- NRS 432B.425 - Notification of tribe if proceedings involve Indian child; transfer of proceedings to Indian child’s tribe; exercise of jurisdiction by court.
- NRS 432B.430 - Restriction on admission of persons to proceedings.
- NRS 432B.435 - Presentation of evidence of child’s previous sexual conduct prohibited; exception.
- NRS 432B.440 - Assistance by agency which provides child welfare services.
- NRS 432B.450 - Expert testimony raising presumption of need for protection of child.
- NRS 432B.451 - Qualified expert witness required in proceeding to place Indian child in foster care.
- NRS 432B.455 - Determination of appropriate person to take custody of child: Appointment and duties of special master.
- NRS 432B.457 - Determination of appropriate person to take custody of child: Involvement in and notification of person with special interest in child; testimony by person with special interest in child.
- NRS 432B.459 - Provision of copy of sound recording or transcript of proceeding to parent or guardian; fees.
- NRS 432B.460 - Courts not deprived of right to determine custody or guardianship.
- NRS 432B.465 - Full faith and credit to judicial proceedings of Indian tribe.
- NRS 432B.4655 - Joinder of governmental entity or other person to certain proceedings to enforce legal obligation of such entity or person.
- NRS 432B.466 - Petition for appointment of guardian; notice.
- NRS 432B.4665 - Appointment of guardian; powers and duties of and limitations on guardian; effect of guardianship.
- NRS 432B.467 - Consideration of evidence in determining whether to appoint guardian; right of visitation to certain persons.
- NRS 432B.4675 - Effect of entry of final order establishing guardianship.
- NRS 432B.468 - Enforcement, modification and termination of guardianship; appointment of successor guardian.
- NRS 432B.4681 - Definitions.
- NRS 432B.4682 - “Person professionally qualified in the field of psychiatric mental health” defined.
- NRS 432B.4683 - “Psychiatric care” defined.
- NRS 432B.4684 - Nomination; person nominated deemed to be person who is legally responsible pending court approval; petition to appoint nominee; persons authorized to be nominated or appointed.
- NRS 432B.4685 - Persons eligible for court appointment.
- NRS 432B.4686 - Responsibilities and duties.
- NRS 432B.4687 - Considerations for approval of administration of psychotropic medication to child; written consent for administration of such medication or notice of denial; other required approval.
- NRS 432B.4688 - Administration of psychotropic medication to child allowed only in accordance with consent; quarterly review of records of child.
- NRS 432B.4689 - Administration of psychotropic medication without consent authorized under certain circumstances.
- NRS 432B.469 - Agency which provides child welfare services retains responsibility for health and well-being of child in its custody.
- NRS 432B.470 - Hearing required; notice.
- NRS 432B.480 - Hearing: Court required to advise parties of rights; determinations by court; order to continue custody or release child.
- NRS 432B.490 - Procedure following hearing or investigation.
- NRS 432B.500 - Appointment of guardian ad litem after filing of petition.
- NRS 432B.505 - Qualifications of special advocate for appointment as guardian ad litem.
- NRS 432B.510 - Execution and contents of petition; representation of interests of public.
- NRS 432B.513 - Copy of report or information required to be provided to parent or guardian before certain proceedings.
- NRS 432B.515 - Electronic filing of certain petitions and reports.
- NRS 432B.520 - Issuance of summons; authorizing the assumption of custody by court and removal of child from certain conditions; authorizing the attachment of child and placement of child in protective custody.
- NRS 432B.530 - Adjudicatory hearing on petition; disposition.
- NRS 432B.540 - Report by agency which provides child welfare services; plan for placement of child.
- NRS 432B.550 - Determination of custody and placement of child by court; retention of certain rights by parent when child placed other than with parent; determination of whether agency which provides child welfare services has made reasonable efforts required.
- NRS 432B.553 - Plan for permanent placement of child.
- NRS 432B.555 - Restriction on release of child to custodial parent or guardian who has been convicted of abuse, neglect or endangerment of child.
- NRS 432B.560 - Additional orders by court: Treatment; conduct; visitation; support.
- NRS 432B.570 - Motion for revocation or modification of order.
- NRS 432B.580 - Semiannual review of placement of child; report by agency acting as custodian of child; visitation between child and siblings; hearing to review placement.
- NRS 432B.585 - Appointment of panel to conduct semiannual review.
- NRS 432B.590 - Annual hearing concerning permanent placement of child; review of plan for permanent placement of child; court to prepare explicit statement of facts; court authorized to review any decision of agency with legal custody of child; when presumption that best interests of child will be served by termination of parental rights arises.
- NRS 432B.591 - “Child” defined.
- NRS 432B.592 - Court to refer child to attorney for counsel regarding continuation of jurisdiction.
- NRS 432B.593 - Agency which provides child welfare services to meet with child to determine whether child intends to request continuation of jurisdiction; effect of such meeting; child who has independent living agreement not prohibited from requesting continuation of jurisdiction.
- NRS 432B.594 - Retention of court’s jurisdiction over child; termination of such jurisdiction; written agreement between agency which provides child welfare services and child; resolution of dispute between agency and child; rights of child to services and payments while under jurisdiction of court.
- NRS 432B.595 - Written plan to assist child to transition to independent living; duties of agency which provides child welfare services during period that court retains jurisdiction.
- NRS 432B.602 - Rural Advisory Board to Expedite Proceedings for Placement of Children: Creation; terms; vacancies; members serve without compensation; duties.
- NRS 432B.604 - Creation; members; terms; vacancies; members serve without compensation; duties.
- NRS 432B.606 - Referral of case by court to local advisory board.
- NRS 432B.607 - Definitions.
- NRS 432B.6071 - “Child with an emotional disturbance” defined.
- NRS 432B.60715 - “Court-ordered admission of a child” defined.
- NRS 432B.6072 - “Facility” defined.
- NRS 432B.6073 - “Person professionally qualified in the field of psychiatric mental health” defined.
- NRS 432B.6074 - “Treatment” defined.
- NRS 432B.6075 - Petition: Filing; certificate or statement of alleged emotional disturbance.
- NRS 432B.6076 - Findings and order; alternative courses of treatment.
- NRS 432B.6077 - Petition required before child may be placed in facility other than under emergency admission; psychological examination of child required under certain circumstances; placement in less restrictive environment; any person may oppose petition.
- NRS 432B.6078 - Provision of information and assistance to child; second examination of child.
- NRS 432B.6079 - Considerations for court in issuing or renewing order.
- NRS 432B.608 - Expiration and renewal of admission.
- NRS 432B.6081 - Plan for continued care, treatment and training of child upon discharge.
- NRS 432B.6082 - Personal rights.
- NRS 432B.6083 - Conditional release: No liability of State; notice to court and attorney of agency; order to return to facility; judicial review of order to return to facility.
- NRS 432B.6084 - Release without further order of court; early release.
- NRS 432B.6085 - Children’s rights; application of various provisions of chapters 433
- NRS 432B.610 - Training of certain peace officers for detection and investigation of and response to cases of sexual abuse or sexual exploitation of children; regulations.
- NRS 432B.620 - Certification of peace officers who regularly investigate cases of sexual abuse or sexual exploitation of children; regulations.
- NRS 432B.621 - “Program” defined.
- NRS 432B.622 - Department to establish and administer Program; agency which provides child welfare services authorized to enter into agreement to provide assistance to relative of child pursuant to Program.
- NRS 432B.623 - Qualifications for assistance pursuant to Program; placement of sibling of child who is eligible for assistance.
- NRS 432B.624 - Required provisions in agreement for assistance entered into pursuant to Program; eligibility for federal assistance for adoption not affected by such agreement.
- NRS 432B.625 - Background checks required before entering into agreement with relative for assistance pursuant to Program.
- NRS 432B.626 - Agency which provides child welfare services to include certain information in case plan of child whose legal guardian receives assistance pursuant to Program.
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