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2019 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.0655 - “Fetal alcohol spectrum disorder” defined.
- NRS 432B.066 - “Gender identity or expression” 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.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.163 - Authority of agency which provides child welfare services to provide services to pupils and staff of school that experiences crisis, emergency or suicide.
- 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.172 - Agency which provides child welfare services required to treat child in accordance with gender identity or expression; regulations concerning placement of child.
- NRS 432B.174 - Normalcy for Foster Youth Account; creation; use; gifts, grants and donations; nonreversion.
- 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 and working with lesbian, gay, bisexual, transgender and questioning children; 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; design and distribution of informational poster.
- 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. [Effective through December 31, 2019.]
- 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. [Effective January 1, 2020.]
- 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 fetal alcohol spectrum disorder, prenatal substance use disorder or withdrawal symptoms resulting from prenatal substance 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.322 - Inapplicability of NRS 432B.220 to 432B.322, inclusive, to certain reports, investigations or information.
- 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. [Effective through June 30, 2020.]
- NRS 432B.330 - Circumstances under which child is or may be in need of protection. [Effective July 1, 2020.]
- 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; child deemed party to proceedings; court required to appoint attorney to represent child; authority and rights of child’s attorney; compensation of attorney.
- 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.462 - Educational decision maker: Appointment; duties; revocation of appointment.
- 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. [Effective through June 30, 2020.]
- NRS 432B.480 - Hearing: Court required to advise parties of rights; determinations by court; order to continue custody or release child. [Effective July 1, 2020.]
- 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. [Effective through June 30, 2020.]
- 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. [Effective July 1, 2020.]
- 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. [Effective until the effective date of the regulations adopted by the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services establishing the guidelines in this State for the support of one or more children pursuant to NRS 425.620.]
- NRS 432B.560 - Additional orders by court: Treatment; conduct; visitation; support. [Effective on the effective date of the regulations adopted by the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services establishing the guidelines in this State for the support of one or more children pursuant to NRS 425.620.]
- 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.5901 - Applicability of chapter 128 of NRS to proceedings concerning termination of parental rights; authority of agency which provides child welfare services to file motion for termination of parental rights.
- NRS 432B.5902 - Service of motion and notice of hearing; response to motion.
- NRS 432B.5903 - Appearance of parties; contest of allegations or relinquishment of parental rights; evidentiary hearing.
- NRS 432B.5904 - Mediation for purpose of negotiating open adoption agreement.
- NRS 432B.5905 - Testifying at evidentiary hearing by telephone or video conference.
- NRS 432B.5906 - Final order; appeal.
- NRS 432B.5907 - Time for resolution of appeal.
- NRS 432B.5908 - Petition for restoration of parental rights.
- 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.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.60845 - Requirements for certain facilities concerning training of employees and gender identity or expression of child placed in facility.
- NRS 432B.6085 - Children’s rights; application of various provisions of chapters 433 and 435 of NRS and all of chapters 433A and 433B of NRS to children in custody of agency which provides child welfare services.
- 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.6201 - Definitions. [Effective July 1, 2020.]
- NRS 432B.6205 - “Fictive kin” defined. [Effective July 1, 2020.]
- NRS 432B.621 - “Program” defined. [Effective through June 30, 2020.]
- NRS 432B.621 - “Program” defined. [Effective July 1, 2020.]
- NRS 432B.6213 - “Relative” defined. [Effective July 1, 2020.]
- 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. [Effective through June 30, 2020.]
- 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. [Effective July 1, 2020.]
- 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.
- NRS 432B.630 - Delivery of newborn child to provider of emergency services.
- NRS 432B.635 - Immunity from liability for allowing child to participate in extracurricular, cultural or personal enrichment activities.
- NRS 432B.640 - Assessment of child who may need counseling as result of battery that constitutes domestic violence; provision of evaluation or counseling.
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