2022 Nevada Revised Statutes
Chapter 433B - Additional Provisions Relating to Children
NRS 433B.325 - Treatment facility or other facility to which child is committed by court order required to treat child in accordance with gender identity or expression; regulations concerning placement of children. [Effective through December 31, 2021.] Treatment facility or other facility to which child is committed by court order required to treat child in accordance with gender identity or expression; regulations concerning placement of children. [Effective January 1, 2022.]
1. A treatment facility and any other division facility into which a child may be committed by a court order shall treat each child committed to the facility by a court order in all respects in accordance with the child’s gender identity or expression and the regulations adopted by the Division of Child and Family Services pursuant to subsection 2.
2. The Division of Child and Family Services of the Department shall adopt regulations establishing factors for a court to consider before committing a child to a treatment facility or other division facility and protocols for such a facility to follow when placing a child within the facility to ensure that each child who is so committed is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities and mental health facilities or who have resided in such settings;
(b) Representatives of each agency which provides child welfare services in this State;
(c) Representatives of state and local facilities for the detention of children;
(d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;
(e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;
(f) Representatives of juvenile courts and family courts;
(g) Advocates of children; and
(h) Any other person deemed appropriate by the Division.
3. A court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before committing a child to a treatment facility or other division facility.
4. A treatment facility or other division facility to which a child is committed by a court order shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the facility.
5. As used in this section:
(a) "Agency which provides child welfare services" has the meaning ascribed to it in NRS 432B.030.
(b) "Child care facility" has the meaning ascribed to it in NRS 432A.024.
(c) "Foster home" has the meaning ascribed to it in NRS 424.014.
(d) "Gender identity or expression" has the meaning ascribed to it in NRS 424.0145.
(Added to NRS by 2017, 30)
1. A treatment facility and any other division facility into which a child may be committed by a court order shall treat each child committed to the facility by a court order in all respects in accordance with the child’s gender identity or expression and the regulations adopted by the Division of Child and Family Services pursuant to subsection 2.
2. The Division of Child and Family Services of the Department shall adopt regulations establishing factors for a court to consider before committing a child to a treatment facility or other division facility and protocols for such a facility to follow when placing a child within the facility to ensure that each child who is so committed is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities, mental health facilities and receiving centers or who have resided in such settings;
(b) Representatives of each agency which provides child welfare services in this State;
(c) Representatives of state and local facilities for the detention of children;
(d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;
(e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;
(f) Representatives of juvenile courts and family courts;
(g) Advocates of children; and
(h) Any other person deemed appropriate by the Division.
3. A court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before committing a child to a treatment facility or other division facility.
4. A treatment facility or other division facility to which a child is committed by a court order shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the facility.
5. As used in this section:
(a) "Agency which provides child welfare services" has the meaning ascribed to it in NRS 432B.030.
(b) "Child care facility" has the meaning ascribed to it in NRS 432A.024.
(c) "Foster home" has the meaning ascribed to it in NRS 424.014.
(d) "Gender identity or expression" has the meaning ascribed to it in NRS 424.0145.
(e) "Receiving center" has the meaning ascribed to it in NRS 424.0175.
(Added to NRS by 2017, 30; A 2021, 2655, effective January 1, 2022)
