reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › 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.

1. The provisions of chapter 128 of NRS, to the extent they do not conflict with the provisions of NRS 432B.5901 to 432B.5908, inclusive, apply to all proceedings concerning the termination of parental rights that are commenced pursuant to this section by an agency which provides child welfare services.
2. If a child is determined to be a child in need of protection pursuant to NRS 432B.550, an agency which provides child welfare services may, at any stage of a proceeding held pursuant to this chapter, file a motion for the termination of parental rights as part of the proceeding.
(Added to NRS by 2017, 4068)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.5902 - Service of motion and notice of hearing; response to motion.

1. After a motion for the termination of parental rights is filed pursuant to NRS 432B.5901, unless a party to be served voluntarily appears and consents to the hearing, and except as otherwise provided in subsection 3, a copy of the motion and notice of the hearing must be served, either together or separately, upon all parties to the proceeding by personal service or, if the whereabouts of the person are unknown, obtaining an order from the court that service may be made by publication in accordance with the procedure set forth in subsections 1, 4 and 5 of NRS 128.070 and subsection 2.
2. If a court orders that service be made by publication pursuant to subsection 1 and the person to be served by publication has a last known address, personal service must also be attempted before service of the notice is deemed to be complete. The court order must direct the publication to be made in a newspaper designated by the court at least once every week for a period of 4 weeks. If personal service is also attempted, service of the notice shall be deemed to be complete at the expiration of such a period. The provisions of this subsection and subsection 1 must not be construed to preclude personal service and service by publication from being attempted simultaneously.
3. Service shall be deemed to be complete if a party to be served appears in court for a hearing held pursuant to this chapter and the court provides the party with a copy of the motion, notifies the party of the date of the hearing on the motion and records such service.
4. Except as otherwise provided in subsection 5, a copy of the motion and notice of the hearing on the motion must be sent by certified mail to:
(a) The attorneys and any guardians ad litem for the child and the parent of the child who is the subject of the motion;
(b) If the child who is subject to the motion is known to be an Indian child, the child’s Indian tribe; and
(c) Any known relative of the child who is the subject of the motion within the fifth degree of consanguinity who is residing in this State.
5. If an attorney has consented to electronic service, a copy of the motion and notice of the hearing on the motion may be sent to the attorney electronically instead of by certified mail.
6. The court shall ensure that any prospective adoptive parent of the child who is the subject of the motion is provided with a copy of the notice of the hearing on the motion. Except as otherwise provided in NRS 432B.5904 or another provision of law, the name and address of the prospective adoptive parent must be kept confidential.
7. Any party to the proceeding may file a written response to the motion.
(Added to NRS by 2017, 4068; A 2023, 2260)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.5903 - Appearance of parties; contest of allegations or relinquishment of parental rights; evidentiary hearing.

1. At the time stated in the notice of the hearing, or at the earliest time thereafter to which the hearing may be postponed, the parties to the proceeding shall, except as otherwise provided in this subsection, appear in person before the court and must be informed of the specific allegations set forth in the motion for the termination of parental rights. The court may allow a party to participate in the proceeding by telephone or videoconference if he or she is unable to appear in person because he or she is incarcerated outside this State or hospitalized and cannot be transported to the court.
2. After a party has been informed of the allegations set forth in the motion, he or she may:
(a) Contest such allegations and request an evidentiary hearing, in which case an evidentiary hearing must be scheduled; or
(b) Voluntarily relinquish his or her parental rights with or without the possibility of an open adoption agreement established through mediation pursuant to NRS 432B.5904, in which case a hearing must be scheduled for the purpose of confirming such voluntary relinquishment.
3. If an evidentiary hearing is scheduled pursuant to paragraph (a) of subsection 2, the court may also order a party to the proceeding to participate in mediation pursuant to NRS 432B.5904.
4. If a party to the proceeding does not appear at the time stated in the notice and the court determines that he or she was given proper notice pursuant to NRS 432B.5902, the court may proceed to hear evidence and render its decision or postpone hearing any evidence until an evidentiary hearing is conducted concerning any other party to the proceeding.
5. If the court postpones hearing evidence pursuant to subsection 4, further notice to the absent party is required unless the court, in its discretion, considering the facts and circumstances of the case, determines that no additional notice to the absent party is required.
(Added to NRS by 2017, 4069)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.5904 - Mediation for purpose of negotiating open adoption agreement.

1. The court may, upon its own motion or the motion of a party to the proceeding, order the parties, any prospective adoptive parent and a representative from an agency which provides child welfare services to participate in mediation for the purpose of negotiating the terms of an open adoption agreement.
2. A party to the proceeding may make a motion for mediation at any time after the commencement of a proceeding for the termination of parental rights but not less than 5 judicial days before a scheduled evidentiary hearing.
3. Persons ordered to participate in mediation pursuant to subsection 1 shall complete such mediation not later than 60 calendar days after the court issues the order for mediation.
4. If the persons ordered to participate in mediation agree to the terms of an open adoption, the terms must be set forth in a written agreement at the time of mediation.
(Added to NRS by 2017, 4069)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.5905 - Testifying at evidentiary hearing by telephone or video conference.

During an evidentiary hearing, at the request of a party to the proceeding, the court may permit a witness to testify by telephone or videoconference if the court determines that it is able to adequately assess witness credibility. Except as otherwise permitted by the court, a party to the proceeding may not testify by telephone or videoconference unless he or she is incarcerated outside this State or hospitalized and cannot be transported to the court.
(Added to NRS by 2017, 4070)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.5906 - Final order; appeal.

The court shall use its best efforts to ensure that a final written decision on a motion for the termination of parental rights which includes detailed findings of fact is rendered not later than 30 days after the conclusion of the evidentiary hearing. Such a decision may be rendered orally in court before being set forth in a written order. The order of the court must include a notice of the right of a party to appeal the decision of the court. The order granting or denying a motion for the termination of parental rights is a final order of the court and the parties have the right to appeal the decision of the court in accordance with chapter 128 of NRS.
(Added to NRS by 2017, 4070)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.5907 - Time for resolution of appeal.

Except as otherwise provided in this section, if a party appeals the decision of the court pursuant to NRS 432B.5906, the appellate court of competent jurisdiction shall use its best efforts to ensure that the matter is resolved not later than 6 months after the appeal is filed. If the appellate court orders full briefings on the matter, it shall use its best efforts to ensure that the matter is resolved not later than 12 months after the appeal is filed.
(Added to NRS by 2017, 4070)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.5908 - Petition for restoration of parental rights.

If a person seeks to restore the parental rights of a natural parent or parents pursuant to NRS 128.170, 128.180 and 128.190, and the child whose natural parent or parents have had their parental rights terminated or have relinquished their parental rights is subject to the jurisdiction of the juvenile court pursuant to this chapter, the petition for the restoration of parental rights must be filed as part of a proceeding held pursuant to this chapter.
(Added to NRS by 2017, 4070)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.5909 - Definitions. [Effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program.]

As used in NRS 432B.5909 to 432B.601, inclusive, unless the context otherwise requires, the words and terms defined in NRS 432B.591, 432B.5913 and 432B.5915 have the meanings ascribed to them in those sections.
(Added to NRS by 2021, 2728; A 2023, 2064, effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.591 - "Child" defined. [Effective until the earlier of June 30, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program.] "Child" defined. [Effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program.]

As used in NRS 432B.591 to 432B.595, inclusive, "child" means a person who is:
1. Under the age of 18 years; and
2. Over the age of 18 years and who remains under the jurisdiction of the court pursuant to NRS 432B.594.
(Added to NRS by 2011, 249)
"Child" means a person who is under the age of 18 years.
(Added to NRS by 2011, 249; A 2021, 2730; 2023, 2064, effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.5913 - "Program" defined. [Effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program.]

"Program" means the Extended Young Adult Support Services Program established pursuant to NRS 432B.5919.
(Added to NRS by 2021, 2728; A 2023, 2064, effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.5915 - "Young adult" defined. [Effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program.]

"Young adult" means a person who is at least 18 years of age but less than 21 years of age and whose plan for permanent placement adopted pursuant to NRS 432B.553 was, on his or her 18th birthday, a permanent living arrangement other than reunification with his or her parents.
(Added to NRS by 2021, 2728; A 2023, 2064, effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.5917 - Court to retain jurisdiction over young adult; effect of such retention. [Effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program.]

1. A court shall retain jurisdiction over a young adult until the young adult reaches 21 years of age.
2. While under the jurisdiction of the court, a young adult has the same authority to make decisions as a person who is over 18 years of age and who is not subject to the jurisdiction of the court.
(Added to NRS by 2021, 2728; A 2023, 2064, effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.5919 - Division of Child and Family Services to establish and administer Program; annual report; regulations. [Effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program.]

1. The Division of Child and Family Services shall establish and administer the Extended Young Adult Support Services Program to provide extended support services to young adults pursuant to the provisions of NRS 432B.5909 to 432B.601, inclusive, and the Fostering Connections to Success and Increasing Adoptions Act of 2008, Pub. L. No. 110-351, 42 U.S.C. §§ 670 et seq.
2. On or before September 1 of each year, the Division of Child and Family Services shall submit a report regarding the Program, including, without limitation, the number of participants and the costs for providing the extended support services, for submittal to:
(a) The Interim Finance Committee if the report is received during an odd-numbered year; or
(b) The next regular session of the Legislature if the report is received during an even-numbered year.
3. The Division of Child and Family Services shall adopt regulations governing the Program. Such regulations, must, without limitation, ensure that the Program complies with the Fostering Connections to Success and Increasing Adoptions Act of 2008, Pub. L. No. 110-351, 42 U.S.C. §§ 670 et seq.
(Added to NRS by 2021, 2728; A 2023, 2064, effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.601 - Annual hearing concerning participant. [Effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program.]

1. Except as otherwise provided in subsection 4, the court shall, within 12 months after the date on which a participant entered into a written agreement pursuant to NRS 432B.594 and each year thereafter, hold a hearing to:
(a) Review the plan developed pursuant to NRS 432B.595; and
(b) Determine whether the agency which provides child welfare services has made reasonable efforts to assist the participant in meeting the goals prescribed in the plan.
2. Except as otherwise provided in this subsection, notice of the hearing must be given by regular or certified mail. Notice may be given to the participant or his or her attorney by electronic mail if the participant or his or her attorney, as applicable, agrees to receive notice in this manner.
3. Unless required by the court or panel, the young adult is not required to be present at the hearing.
4. The court may enter an order directing that the hearing required by this section be conducted by a panel of three or more persons appointed by mutual consent of the judge or judges of the court. The persons so appointed shall serve without compensation at the pleasure of the court.
(Added to NRS by 2021, 2729; A 2023, 2064, effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.604 - Creation; members; terms; vacancies; members serve without compensation; duties.

1. The district court in each judicial district that includes a county whose population is less than 100,000 shall create a local advisory board to expedite proceedings for the placement of children. The district 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 in public or private practice;
(c) One member who is employed by the Division of Child and Family Services;
(d) One member who is either employed by the public school system and works with children on a regular basis, or works in the field of mental health and works with children on a regular basis; and
(e) One member who is a resident of the judicial district in which the local advisory board is created.
2. The district court shall provide for initial terms of 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 serve terms of 4 years. Any member of the local advisory board may be reappointed. If a vacancy occurs during the term of a member, the district court shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term. The district court may remove a member from the local advisory board if the member neglects his or her duty or commits malfeasance in office.
3. Members of a local advisory board serve without compensation, and necessary travel and per diem expenses may not be reimbursed.
4. The Division of Child and Family Services shall provide each local advisory board with administrative support and shall provide any information requested by a local advisory board to the local advisory board within 10 working days after receiving the request for information.
5. Each local advisory board shall:
(a) At its first meeting and annually thereafter, elect a chair from among its members.
(b) Review each case referred to it pursuant to NRS 432B.606, and provide the referring court and the Office of the Attorney General with any recommendations to expedite the completion of the case.
(c) Twice each year, provide a report of its activities and any recommendations to expedite the completion of cases to the district court, the Division of Child and Family Services and the Legislature, or the Legislative Commission when the Legislature is not in regular session.
6. A local advisory board may review other cases as deemed appropriate by the district court.
(Added to NRS by 1999, 2030; A 2015, 380)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.606 - Referral of case by court to local advisory board.

If the court has not approved the permanent placement of a child within 12 months after the initial removal of the child from the child’s home, it shall refer the case to the local advisory board created pursuant to NRS 432B.604, if such a local advisory board was created for that judicial district, to obtain recommendations from the local advisory board to expedite the completion of the case.
(Added to NRS by 1999, 2031)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.607 - Definitions.

As used in NRS 432B.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 meanings ascribed to them in those sections.
(Added to NRS by 2005, 1317; A 2009, 410; 2017, 27; 2021, 3160; 2023, 2342)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.60715 - "Court-ordered admission of a child" defined.

"Court-ordered admission of a child" includes, without limitation:
1. A child who is in the custody of an agency which provides child welfare services and who is not in a facility whom the court orders to be admitted to a facility; and
2. A child who has been placed in a facility under an emergency admission and whom the court orders to be admitted for the purpose of continuing the placement.
(Added to NRS by 2009, 410)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.6072 - "Facility" defined.

"Facility" means a psychiatric hospital or facility which provides residential treatment for mental illness that has a unit in the hospital or facility capable of being locked to prevent a child with an emotional disturbance from leaving the hospital or facility.
(Added to NRS by 2005, 1317)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.60745 - Determination concerning whether child presents likelihood of serious harm to himself or herself or others.

For the purposes of NRS 432B.607 to 432B.6085, inclusive, a determination concerning whether a child presents a substantial likelihood of serious harm to himself or herself or others must be made as provided in NRS 433A.0195.
(Added to NRS by 2023, 2329)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.6075 - Petition to continue admission: Filing; certificate or statement of alleged emotional disturbance; opposition.

1. If a child with an emotional disturbance who is in the custody of an agency which provides child welfare services is admitted to a facility under an emergency admission and the child has not been released within 5 days after the admission, the agency which provides child welfare services shall file a petition to continue the emergency admission, not later than 5 days after the admission, with the clerk of the court which has jurisdiction in proceedings concerning the child. The petition may be filed by the agency which provides child welfare services without the consent of a parent or guardian of the child. The petition must be accompanied:
(a) By a certificate of a physician, a psychiatrist, a psychologist or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 stating that the physician, psychiatrist, psychologist or advanced practice registered nurse has examined the child who is the subject of the petition and has concluded that the child is a child with an emotional disturbance and, because of that condition, the child is a person in a mental health crisis, as defined in NRS 433A.0175, and presents a substantial likelihood of serious harm to himself or herself or others, as determined pursuant to NRS 433A.0195, if discharged to a less restrictive appropriate environment and includes, if available, the date on which the child will be discharged from the emergency admission to the facility; or
(b) By a sworn written statement by the petitioner that the child is:
(1) A person in a mental health crisis, as defined in NRS 433A.0175, and presents a substantial likelihood of serious harm to herself or himself or others, as determined pursuant to NRS 433A.0195, if discharged to a less restrictive appropriate environment; and
(2) Is alleged to be a child with an emotional disturbance and has refused to submit to examination or treatment by a physician, psychiatrist, psychologist or advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120.
2. A child who is the subject of a petition filed pursuant to this section or the parent or guardian of such a child may oppose the petition:
(a) Orally at a hearing on the petition; or
(b) By filing a written opposition with the court.
(Added to NRS by 2005, 1318; A 2009, 410; 2023, 2342)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.6076 - Petition to continue admission: Consent; hearing; findings and order; transmission of record to Central Repository.

1. A child who is the subject of a petition submitted pursuant to NRS 432B.6075 may, after conferring with his or her attorney, submit to the court written consent, or provide oral consent in the record of the court, to continue the emergency admission. Upon receiving such consent, the court may order the continuation of the emergency admission if it finds that continuing the emergency admission is in the best interests of the child.
2. A court that receives a petition submitted pursuant to NRS 432B.6075 to continue the emergency admission of a child alleged to be a child with an emotional disturbance to a facility shall conduct a hearing on the petition, unless otherwise ordered by the court.
3. Except as otherwise provided in subsection 1, a court may order the continuation of the emergency admission of a child with respect to whom a petition was filed pursuant to NRS 432B.6075 to a facility only if the court finds by clear and convincing evidence that the child:
(a) Is a child with an emotional disturbance; and
(b) Is a person in a mental health crisis, as defined in NRS 433A.0175, and presents a substantial likelihood of serious harm to himself or herself or others, as determined pursuant to NRS 433A.0195, if discharged to a less restrictive appropriate environment.
4. The court shall issue a written order on a petition submitted pursuant to NRS 432B.6075. If the court:
(a) Orders the continuation of the emergency admission, the order must include specific findings concerning each factor prescribed by subsection 3.
(b) Does not order the continuation of the emergency admission, the court must enter its findings to that effect and order the discharge of the child from the facility.
5. Except as otherwise provided in subsection 6, if the court issues an order to continue the emergency admission of a child who is 16 years of age or older to a facility pursuant to this section, the court must, notwithstanding any other provision of law requiring the court to seal a court record relating to a proceeding conducted pursuant to NRS 432B.607 to 432B.6085, inclusive, cause, within 5 business days after the order becomes final pursuant to this section, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
6. The provisions of subsection 5 do not apply if the child with respect to whom the proceeding was held voluntarily seeks treatment and stipulates to his or her admission to a facility.
7. As used in this section, "National Instant Background Check System" has the meaning ascribed to it in NRS 179A.062.
(Added to NRS by 2005, 1318; A 2009, 411; 2023, 2343, 2442)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.6078 - Second examination of child.

1. A child or a parent or legal guardian of the child who opposes a petition to continue an emergency admission pursuant to subsection 2 of NRS 432B.6075 may petition the court to authorize a second examination of any child examined pursuant to subsection 1 of NRS 432B.6075. The court shall authorize a second examination upon receiving such a petition. A second examination must be completed not later than 6 days after the court authorizes the examination.
2. If the court authorizes a second examination of the child, the examination must:
(a) Be conducted by a physician, psychiatrist, psychologist or advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 who is not:
(1) The same physician, psychiatrist, psychologist or advanced practice registered nurse who completed the certificate pursuant to subsection 1 of NRS 432B.6075 or a physician, psychologist or advanced practice registered nurse who participated in the examination conducted pursuant to that subsection; or
(2) Employed by, connected to or otherwise affiliated with the facility where the child is admitted;
(b) Include, without limitation, an evaluation of the diagnosis of the child, whether the child presents a substantial likelihood of serious harm to himself or herself or others, as determined pursuant to NRS 433A.0195, and whether the emergency admission should be continued; and
(c) Be paid for by the governmental entity that is responsible for the agency which provides child welfare services, if such payment is not otherwise provided by the State Plan for Medicaid.
(Added to NRS by 2005, 1319; A 2009, 412; 2013, 3002; 2023, 2344)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.6079 - Considerations for court in issuing or renewing order.

In determining pursuant to NRS 432B.6076 and 432B.608 whether to issue or renew an order to continue the emergency admission of a child who is in the custody of an agency which provides child welfare services to a facility, the court shall consider:
1. The reports of any examinations or evaluations of a child by any person professionally qualified in the field of psychiatric mental health;
2. Any information concerning whether the child presents a substantial likelihood of serious harm to himself or herself or others provided by:
(a) A person professionally qualified in the field of psychiatric mental health;
(b) A representative of the agency which provides child welfare services;
(c) An adult caretaker who is knowledgeable about the child; or
(d) A guardian ad litem appointed for the child pursuant to NRS 432B.500;
3. The wishes of the child concerning care, treatment and emergency admission to the facility;
4. The best interests of the child, including, without limitation, whether the court believes the child might experience any psychological trauma from continued emergency admission;
5. Any alternative care or treatment options; and
6. Any other information the court deems relevant concerning the child.
(Added to NRS by 2005, 1320; A 2023, 2345)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.608 - Expiration and renewal of admission; authority of facility to release child.

1. If the court issues an order to continue the emergency admission to a facility of a child who is in the custody of an agency which provides child welfare services pursuant to NRS 432B.6076, the order must be interlocutory, and the child must be discharged from the facility if the order is not renewed within 14 days after the order is issued.
2. A facility may unconditionally release a child who is admitted under an emergency admission that has been continued pursuant to NRS 432B.6076 without a prior order of the court upon the written recommendation of the psychiatrist and other person professionally qualified in the field of psychiatric mental health who are responsible for treating the child. Upon receipt of such a recommendation, the facility shall provide notice of the recommendation to the agency which provides child welfare services and the agency shall notify all parties and the court. Such notice must include, without limitation, an explanation of the reasons that:
(a) The release is clinically appropriate; and
(b) The child is capable of being safely and effectively treated in a less restrictive appropriate environment.
(Added to NRS by 2005, 1320; A 2009, 413; 2023, 2346)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.6081 - Plan for continued care or treatment of child upon discharge.

A facility which provides care or treatment to a child who is in the custody of an agency which provides child welfare services and who is admitted to the facility under an emergency admission continued pursuant to NRS 432B.6076 shall develop a written plan, in consultation with the child, for the continued care or treatment of the child upon discharge from the facility. The plan must:
1. Be developed at the time of the emergency admission of a child to the facility and revised on an ongoing basis for the duration of the emergency admission based on the clinical status of the child;
2. Be submitted to the court after each period of admission ordered by the court pursuant to NRS 432B.6076 in the manner set forth in NRS 432B.608; and
3. Include, without limitation:
(a) The anticipated date of discharge of the child from the facility;
(b) The name of any person professionally qualified in the field of psychiatric mental health who will provide care or treatment to the child after the child is discharged from the facility, if known;
(c) A plan for any appropriate care or treatment for the child for at least 30 days after the child is discharged from the facility; and
(d) The recommended type of placement for the child after the child is discharged from the facility.
(Added to NRS by 2005, 1320; A 2009, 413; 2023, 2346)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.60811 - Definitions.

As used in NRS 432B.60811 to 432B.60819, inclusive, unless the context otherwise requires, the words and terms defined in NRS 432B.60812 and 432B.60813 have the meanings ascribed to them in those sections.
(Added to NRS by 2023, 2328)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.60812 - "Facility" defined.

"Facility" means a psychiatric hospital or facility which provides residential treatment for mental or behavioral health care to which a child with an emotional disturbance is or will be admitted to a locked unit that prevents the child from leaving the facility.
(Added to NRS by 2023, 2329)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.60813 - "Person professionally qualified in the field of psychiatric mental health" defined.

"Person professionally qualified in the field of psychiatric mental health" has the meaning ascribed to it in NRS 433A.018 and includes the same professionals licensed in the state in which the child is placed.
(Added to NRS by 2023, 2329)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.60814 - Petition: Filing; certificate or statement of alleged emotional disturbance; opposition.

1. An agency which provides child welfare services shall not place a child in the custody of the agency in a facility for the purpose of receiving nonemergency mental health treatment unless the agency has petitioned the court for the placement and the court has ordered the placement, or except as provided in NRS 432B.60811 to 432B.60819, inclusive.
2. A proceeding for the admission of a child alleged to be a child with an emotional disturbance who is in the custody of an agency which provides child welfare services to a facility for nonemergency mental health treatment may be commenced by the filing of a petition with the court which has jurisdiction in proceedings concerning the child. The petition may be filed by the agency which provides child welfare services without the consent of a parent of the child. The petition must be accompanied:
(a) By a certificate of a physician, a psychiatrist, a psychologist or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 stating that the physician, psychiatrist, psychologist or advanced practice registered nurse has examined the child alleged to be a child with an emotional disturbance and has concluded that the child:
(1) Is a child with an emotional disturbance and, because of that condition, presents a substantial likelihood of serious harm to himself or herself or others if allowed liberty; and
(2) Cannot be safely and effectively treated in a less restrictive environment that is appropriate for the child; or
(b) By a sworn written statement by the petitioner that:
(1) The petitioner has, based upon personal observation of the child alleged to be a child with an emotional disturbance, probable cause to believe that the child:
(I) Is a child with an emotional disturbance and, because of that condition, presents a substantial likelihood of serious harm to himself or herself or others if allowed liberty; and
(II) Cannot be safely and effectively treated in a less restrictive environment that is appropriate for the child; and
(2) The child alleged to be a child with an emotional disturbance has refused to submit to examination or treatment by a person described in paragraph (a).
3. A child who is the subject of a petition filed pursuant to this section or the parent or guardian of such a child may oppose the petition:
(a) Orally at a hearing on the petition; or
(b) By filing a written opposition with the court.
(Added to NRS by 2023, 2329)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.60815 - Petition: Consent to treatment; hearing; findings and order; transmission of record to Central Repository.

1. A child who is the subject of a petition pursuant to NRS 432B.60814 may, after conferring with his or her attorney, submit to the court written consent, or provide oral consent in the record of the court, to nonemergency mental health treatment. Upon receiving such consent, the court shall order the admission of the child to a facility for such treatment if it finds that the treatment is in the best interests of the child.
2. A court that receives a petition pursuant to NRS 432B.60814 for the court-ordered admission of a child alleged to be a child with an emotional disturbance to a facility for nonemergency mental health treatment shall conduct a hearing on the petition, unless otherwise ordered by the court.
3. A court may order the admission of a child with respect to whom a petition was filed pursuant to NRS 432B.60814 to a facility only if the court finds that there is clear and convincing evidence that the child:
(a) Is a child with an emotional disturbance;
(b) Because of that condition, presents a substantial likelihood of serious harm to himself or herself or others if allowed liberty; and
(c) Cannot be treated in a less restrictive environment that is appropriate for the child.
4. The court shall issue a written order on a petition submitted pursuant to NRS 432B.60814. The order must include, without limitation, specific findings concerning each factor prescribed by subsection 3. The order must be interlocutory and is subject to regular review pursuant to NRS 432B.60818.
5. Except as otherwise provided in subsection 6, if the court issues an order for the admission of a child who is 16 years of age or older to a facility for nonemergency mental health treatment pursuant to this section, the court must, notwithstanding any other provision of law requiring the court to seal a court record relating to a proceeding conducted pursuant to NRS 432B.607 to 432B.6085, inclusive, cause, within 5 business days after the order becomes final pursuant to this section, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
6. The provisions of subsection 5 do not apply if the child with respect to whom the proceeding was held voluntarily seeks treatment and stipulates to his or her admission to a facility.
7. As used in this section, "National Instant Background Check System" has the meaning ascribed to it in NRS 179A.062.
(Added to NRS by 2023, 2329, 2442)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.60816 - Second examination of child.

1. A child or a parent or guardian of the child who opposes a petition for the admission of a child alleged to be a child with emotional disturbance to a facility for nonemergency mental health treatment pursuant to subsection 3 of NRS 432B.60814 may petition the court to authorize a second examination. The court shall authorize such a second examination upon receiving such a petition. Except as otherwise ordered by the court, a second examination must be completed not later than 45 business days after the court authorizes the examination and before any evidentiary hearing is conducted.
2. If the court authorizes a second examination of the child, the examination must:
(a) Be conducted by an independent physician, psychiatrist, psychologist or advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 who is not:
(1) The same physician, psychiatrist, psychologist or advanced practice registered nurse who completed a certificate pursuant to paragraph (a) of subsection 2 of NRS 432B.60814 or a physician, psychologist, clinical social worker or advanced practice registered nurse who participated in the examination conducted pursuant to that paragraph; or
(2) Employed by, connected to or otherwise affiliated with:
(I) The person described in subparagraph (1) or any facility which employs that person; or
(II) Any facility into which the child may be placed;
(b) Include, without limitation:
(1) An evaluation of the diagnosis of the child, the risks of harm posed by the child to himself or herself or others and whether the child is capable of being safely and effectively treated in a less restrictive appropriate environment; and
(2) Recommendations concerning the placement of the child and the level of care required by the child; and
(c) Be paid for by the governmental entity that is responsible for the agency which provides child welfare services, if such payment is not otherwise provided by the State Plan for Medicaid.
(Added to NRS by 2023, 2330)