reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.157 - Presumption concerning custody when court determines that parent or other person seeking custody of child is perpetrator of domestic violence.

1. Except as otherwise provided in NRS 125C.210 and 432B.153, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that it is not in the best interest of the child for the perpetrator of the domestic violence to have custody of the child. Upon making such a determination, the court shall set forth:
(a) Findings of fact that support the determination that one or more acts of domestic violence occurred; and
(b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.
2. If after an evidentiary hearing held pursuant to subsection 1 the court determines that more than one party has engaged in acts of domestic violence, it shall, if possible, determine which person was the primary physical aggressor. In determining which party was the primary physical aggressor for the purposes of this section, the court shall consider:
(a) All prior acts of domestic violence involving any of the parties;
(b) The relative severity of the injuries, if any, inflicted upon the persons involved in those prior acts of domestic violence;
(c) The likelihood of future injury;
(d) Whether, during the prior acts, one of the parties acted in self-defense; and
(e) Any other factors that the court deems relevant to the determination.
In such a case, if it is not possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies to each of the parties. If it is possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies only to the party determined by the court to be the primary physical aggressor.
3. A court, agency, institution or other person who places a child in protective custody shall not release a child to the custody of a person who a court has determined pursuant to subsection 1 has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child unless:
(a) A court determines that it is in the best interest of the child for the perpetrator of the domestic violence to have custody of the child; or
(b) Pursuant to the provisions of subsection 2, the presumption created pursuant to subsection 1 does not apply to the person to whom the court releases the child.
4. As used in this section, "domestic violence" means the commission of any act described in NRS 33.018.
(Added to NRS by 1999, 743)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › 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.

1. A determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has committed any act of abduction against the child or any other child creates a rebuttable presumption that sole or joint custody or unsupervised visitation of the child by the perpetrator of the abduction is not in the best interest of the child. If the parent or other person seeking custody does not rebut the presumption, the court shall not enter an order for sole or joint custody or unsupervised visitation of the child by the perpetrator and the court shall set forth:
(a) Findings of fact that support the determination that one or more acts of abduction occurred; and
(b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other person from whom the child was abducted.
2. For purposes of subsection 1, any of the following acts constitute conclusive evidence that an act of abduction occurred:
(a) A conviction of the defendant of any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct;
(b) A plea of guilty or nolo contendere by the defendant to any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct; or
(c) An admission by the defendant to the court of the facts contained in the charging document alleging a violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.
3. If, after a court enters a final order concerning custody of the child, a magistrate determines there is probable cause to believe that an act of abduction has been committed against the child or any other child and that a person who has been awarded sole or joint custody or unsupervised visitation of the child has committed the act, the court shall, upon a motion to modify the order concerning custody, reconsider the previous order concerning custody pursuant to subsections 1 and 2.
4. A court, agency, institution or other person who places a child in protective custody shall not release a child to the custody of a person who a court has determined pursuant to this section has engaged in one or more acts of abduction against the child or any other child, unless a court determines that it is in the best interest of the child for the perpetrator of the abduction to have custody of the child.
5. As used in this section, "abduction" means the commission of an act described in NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.
(Added to NRS by 2009, 225)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.160 - Immunity from civil or criminal liability; presumption.

1. Except as otherwise provided in subsection 2, immunity from civil or criminal liability extends to every person who in good faith:
(a) Makes a report pursuant to NRS 432B.220;
(b) Conducts an interview or allows an interview to be taken pursuant to NRS 432B.270;
(c) Allows or takes photographs or X-rays pursuant to NRS 432B.270;
(d) Causes a medical test to be performed pursuant to NRS 432B.270;
(e) Provides a record, or a copy thereof, of a medical test performed pursuant to NRS 432B.270 to an agency which provides child welfare services to the child, a law enforcement agency that participated in the investigation of the report made pursuant to NRS 432B.220 or the prosecuting attorney’s office;
(f) Holds a child pursuant to NRS 432B.400, takes possession of a child pursuant to NRS 432B.630 or places a child in protective custody pursuant to any provision of this chapter;
(g) Performs any act pursuant to subsection 2 of NRS 432B.630;
(h) Refers a case or recommends the filing of a petition pursuant to NRS 432B.380; or
(i) Participates in a judicial proceeding resulting from a referral or recommendation.
2. The provisions of subsection 1 do not confer any immunity from liability for the negligent performance of any act pursuant to paragraph (b) of subsection 2 of NRS 432B.630.
3. In any proceeding to impose liability against a person for:
(a) Making a report pursuant to NRS 432B.220; or
(b) Performing any act set forth in paragraphs (b) to (i), inclusive, of subsection 1,
there is a presumption that the person acted in good faith.
(Added to NRS by 1985, 1378; A 1987, 1154; 1999, 60, 3526; 2001, 1256; 2001 Special Session, 34; 2005, 2031)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › 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.

1. If a public school or private school within the jurisdiction of an agency which provides child welfare services experiences a crisis, emergency or suicide, the agency which provides child welfare services may provide counseling and other services to pupils and staff of the school upon being contacted by the principal or other person in charge of the school or his or her designated representative pursuant to NRS 388.257 or 394.1696, as applicable.
2. As used in this section:
(a) "Private school" has the meaning ascribed to it in NRS 394.103.
(b) "Public school" has the meaning ascribed to it in NRS 385.007.
(c) With reference to:
(1) A private school:
(I) "Crisis" has the meaning ascribed to it in NRS 394.1681.
(II) "Emergency" has the meaning ascribed to it in NRS 394.16823.
(III) "Suicide" has the meaning ascribed to it in NRS 394.1684.
(2) A public school:
(I) "Crisis" has the meaning ascribed to it in NRS 388.231.
(II) "Emergency" has the meaning ascribed to it in NRS 388.233.
(III) "Suicide" has the meaning ascribed to it in NRS 388.2359.
(Added to NRS by 2017, 4023)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.165 - Authority of agency which provides child welfare services, children’s advocacy center 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.

1. For purposes of assisting in locating a missing child who is the subject of an investigation of abuse or neglect and who is in the protective custody of an agency which provides child welfare services or in the custody of another entity pursuant to an order of the juvenile court, an agency which provides child welfare services or a children’s advocacy center may provide the following information to a federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse or neglect:
(a) The name of the child;
(b) The age of the child;
(c) A physical description of the child; and
(d) A photograph of the child.
2. Information provided pursuant to subsection 1 is not confidential and may be disclosed to any member of the general public upon request.
3. An agency which provides child welfare services that receives information concerning a child who has been placed in the custody of the agency who is missing, including, without limitation, a child who has run away or has been abducted, shall report the information to the appropriate law enforcement agency as soon as practicable, but not later than 24 hours after receiving such information, for investigation pursuant to NRS 432.200.
4. As used in this section, "children’s advocacy center" has the meaning ascribed to it in NRS 432B.4012.
(Added to NRS by 2007, 193; A 2015, 856; 2021, 537)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.170 - Authority of agency which provides child welfare services to share information with state or local agencies.

Nothing in the provisions of this chapter or NRS 432.097 to 432.130, inclusive, prohibits an agency which provides child welfare services from sharing information with other state or local agencies if:
1. The purpose for sharing the information is for the development of a plan for the care, treatment or supervision of:
(a) A child who has been abused or neglected;
(b) An infant who is born and has been affected by:
(1) A fetal alcohol spectrum disorder; or
(2) Prenatal substance use disorder or has withdrawal symptoms resulting from prenatal substance exposure; or
(c) A person responsible for the child’s or infant’s welfare;
2. The other agency has standards for confidentiality equivalent to those of the agency which provides child welfare services; and
3. Proper safeguards are taken to ensure the confidentiality of the information.
(Added to NRS by 1985, 1378; A 2001 Special Session, 35; 2005, 2031; 2017, 1382)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › 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.

1. An agency which provides child welfare services shall treat each child to whom the agency provides services in all respects in accordance with the child’s gender identity or expression.
2. The Division of Child and Family Services shall adopt regulations establishing protocols to ensure that each child in the custody of an agency which provides child welfare services 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 of Child and Family Services.
3. An agency which provides child welfare services shall:
(a) Follow the protocols prescribed in the regulations adopted pursuant to subsection 2 before placing a child in an out-of-home placement; and
(b) Ensure that an out-of-home placement into which a child is placed follows the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the facility.
4. As used in this section:
(a) "Child care facility" has the meaning ascribed to it in NRS 432A.024.
(b) "Foster home" has the meaning ascribed to it in NRS 424.014.
(c) "Out-of-home placement" has the meaning ascribed to it in NRS 432.548.
(d) "Receiving center" has the meaning ascribed to it in NRS 424.0175.
(Added to NRS by 2017, 26; A 2021, 2651)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.174 - Normalcy for Foster Youth Account: Creation; use; gifts, grants and donations; nonreversion.

1. The Normalcy for Foster Youth Account is hereby created in the State General Fund.
2. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
3. The Division of Child and Family Services may use money in the Account to:
(a) Provide monetary support to a provider of foster care who provides opportunities to a child in his or her care to participate in extracurricular, cultural or personal enrichment activities;
(b) Provide monetary support to:
(1) A provider of foster care for the provider of foster care to establish and fund an individual development account pursuant to NRS 424.088; or
(2) A relative or a fictive kin for the relative or fictive kin to establish and fund an individual development account pursuant to NRS 432B.645; and
(c) Award grants to agencies which provide child welfare services or nonprofit organizations that provide opportunities to children in foster care to participate in extracurricular, cultural or personal enrichment activities.
4. The Division of Child and Family Services may accept gifts, grants, bequests and other contributions from any source for the purpose of carrying out the provisions of this section.
5. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
(Added to NRS by 2017, 2935; A 2021, 1559)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.178 - Interagency committee to evaluate child welfare system in this State: Authority of Director of Department of Health and Human Services to create; appointment of members; duties; biennial report.

1. The Director of the Department of Health and Human Services may create an interagency committee to evaluate the child welfare system in this State. Any such evaluation must include, without limitation, a review of state laws to ensure that the state laws comply with federal law and to ensure that the state laws reflect the current practices of each agency which provides child welfare services and others involved in the child welfare system.
2. The Director may appoint as many members to the interagency committee as the Director deems appropriate except that the members of such a committee must include, without limitation, at least one person to represent:
(a) Each agency which provides child welfare services;
(b) The Department of Education;
(c) The juvenile justice system;
(d) Law enforcement; and
(e) Providers of treatment or services for persons in the child welfare system.
3. The interagency committee created pursuant to subsection 1 shall, on or before January 1 of each odd-numbered year after it is created, submit to the Director of the Legislative Counsel Bureau a written report for transmittal to the Chairs of the Assembly and Senate Standing Committees on Judiciary and the Chairs of the Assembly and Senate Standing Committees on Health and Human Services.
(Added to NRS by 2009, 221; A 2013, 3328)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.180 - Duties of Division of Child and Family Services.

The Division of Child and Family Services shall:
1. Administer any money granted to the State by the Federal Government.
2. Request appropriations from the Legislature in amounts sufficient to:
(a) Provide block grants to an agency which provides child welfare services in a county whose population is 100,000 or more pursuant to NRS 432B.2185; and
(b) Administer a program to provide additional incentive payments to such an agency pursuant to NRS 432B.2165.
3. Monitor the performance of an agency which provides child welfare services in a county whose population is 100,000 or more through data collection, evaluation of services and the review and approval of agency improvement plans pursuant to NRS 432B.2165.
4. Provide child welfare services directly or arrange for the provision of those services in a county whose population is less than 100,000.
5. Coordinate its activities with and assist the efforts of any law enforcement agency, a court of competent jurisdiction, an agency which provides child welfare services and any public or private organization which provides social services for the prevention, identification and treatment of abuse or neglect of children and for permanent placement of children.
6. Involve communities in the improvement of child welfare services.
7. Evaluate all child welfare services provided throughout the State and, if an agency which provides child welfare services is not in substantial compliance with any federal or state law relating to the provision of child welfare services, regulations adopted pursuant to those laws or statewide plans or policies relating to the provision of child welfare services, require corrective action of the agency which provides child welfare services.
8. Coordinate with and assist:
(a) Each agency which provides child welfare services in recruiting, training and licensing providers of foster care as defined in NRS 424.017;
(b) Each foster care agency licensed pursuant to NRS 424.093 to 424.270, inclusive, in screening, recruiting, licensing and training providers of foster care as defined in NRS 424.017; and
(c) A nonprofit or community-based organization in recruiting and training providers of foster care as defined in NRS 424.017 if the Division determines that the organization provides a level of training that is equivalent to the level of training provided by an agency which provides child welfare services.
(Added to NRS by 1985, 1370; A 1987, 1439; 1993, 2705; 2001 Special Session, 35; 2007, 543, 1501; 2009, 1489; 2011, 2496; 2013, 1453)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.185 - Nonreversion of certain money appropriated to Division of Child and Family Services for adoption assistance program.

The portion of any money remaining at the end of a fiscal year from an appropriation to the Division of Child and Family Services for its adoption assistance program in a county whose population is less than 100,000 that is identified as savings pursuant to the calculation required under 42 U.S.C. § 673(a)(8)(D)(ii) does not revert to the State General Fund and may be carried forward to the next fiscal year and used for any costs of providing child welfare services without restriction. Any such money identified as savings that has not been used or committed for expenditure by the Division by the end of the fiscal year to which the money was carried forward reverts to the State General Fund.
(Added to NRS by 2021, 2711)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › 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.

1. An agency which provides child welfare services shall provide training to each person who is employed by the agency and who provides child welfare services. Such training must include, without limitation, instruction concerning the applicable state and federal constitutional and statutory rights of a person who is responsible for a child’s welfare and who is:
(a) The subject of an investigation of alleged abuse or neglect of a child; or
(b) A party to a proceeding concerning the alleged abuse or neglect of a child pursuant to NRS 432B.410 to 432B.590, inclusive.
2. In addition to the training provided pursuant to subsection 1, an agency which provides child welfare services shall ensure that each employee of the agency who comes into direct contact with children receives, within 90 days after employment and annually thereafter, training concerning working with lesbian, gay, bisexual, transgender and questioning children.
3. Nothing in this section shall be construed as requiring or authorizing a person who is employed by an agency which provides child welfare services to offer legal advice, legal assistance or legal interpretation of state or federal statutes or laws.
(Added to NRS by 2005, 2093; A 2017, 27)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › 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.

Each agency which provides child welfare services shall establish appropriate policies to ensure that children in the custody of the agency have timely access to and safe administration of clinically appropriate psychotropic medication. The policies must include, without limitation, policies concerning:
1. The use of psychotropic medication in a manner that has not been tested or approved by the United States Food and Drug Administration, including, without limitation, the use of such medication for a child who is of an age that has not been tested or approved or who has a condition for which the use of the medication has not been tested or approved;
2. Prescribing any psychotropic medication for use by a child who is less than 4 years of age;
3. The concurrent use by a child of three or more classes of psychotropic medication;
4. The concurrent use by a child of two psychotropic medications of the same class; and
5. The criteria for nominating persons who are legally responsible for the psychiatric care of children in the custody of agencies which provide child welfare services pursuant to NRS 432B.4681 to 432B.469, inclusive, and the policies adopted pursuant to this section.
(Added to NRS by 2009, 410; A 2011, 2675)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.200 - Toll-free telephone number for reports of abuse or neglect; design and distribution of informational poster.

1. The Division of Child and Family Services shall establish and maintain a center with a toll-free telephone number to receive reports of abuse or neglect of a child in this State and reports pursuant to NRS 392.303 24 hours a day, 7 days a week. Any reports made to this center must be promptly transmitted to the agency which provides child welfare services in the community where the child is located.
2. The Division of Child and Family Services shall design a poster to be displayed in public and private schools as required by NRS 392.385 and 394.176, which:
(a) Prominently displays in bold type the toll-free telephone number established and maintained pursuant to subsection 1 and, if available, a county or other local child abuse or neglect hotline maintained for the county in which the school is located;
(b) Consists of simple, clear and easy to follow directions written in English, Spanish and in any other language the Division of Child and Family Services determines is appropriate based on the demographic characteristics of this State;
(c) Is at least 11 by 17 inches in size;
(d) Includes text in a type and font that is easy to read;
(e) Contains instructions for accessing the Internet website of the Division of Child and Family Services to obtain more information on reporting abuse or neglect of a child; and
(f) Contains instructions for calling 911 in an emergency.
3. The Division of Child and Family Services shall distribute the poster designed pursuant to subsection 2 to the boards of trustees of school districts, the governing bodies of charter schools and the governing bodies of private schools in a printed format or an electronic format that may be printed.
4. As used in this section, "abuse or neglect of a child" has the meaning ascribed to it in NRS 392.281.
(Added to NRS by 1985, 1371; A 1993, 2706; 2001 Special Session, 36; 2017, 482, 2059)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.210 - State, political subdivisions and agencies required to cooperate with agencies which provide child welfare services.

An agency which provides child welfare services must receive from the State, any of its political subdivisions or any agency of either, any cooperation, assistance and information it requests in order to fulfill its responsibilities under this chapter and NRS 432.097 to 432.130, inclusive.
(Added to NRS by 1985, 1379; A 2001 Special Session, 36)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.215 - Acquisition and use of information concerning probationers and parolees.

1. An agency which provides child welfare services may request the Division of Parole and Probation of the Department of Public Safety to provide information concerning a probationer or parolee that may assist the agency in carrying out the provisions of this chapter. The Division of Parole and Probation shall provide such information upon request.
2. The agency which provides child welfare services may use the information obtained pursuant to subsection 1 only for the limited purpose of carrying out the provisions of this chapter.
(Added to NRS by 1997, 835; A 2001, 2612; 2001 Special Session, 36; 2003, 236)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.216 - Biennial improvement plan: Agency which provides child welfare services required to submit; solicitation of input; contents; submission of annual data related to plan.

1. Each agency which provides child welfare services shall submit an improvement plan to the Division of Child and Family Services on or before January 1 of each odd-numbered year.
2. Before submitting an improvement plan pursuant to subsection 1, the agency must solicit public input regarding the proposed improvement plan. The agency which provides child welfare services shall submit with the improvement plan an explanation of the manner in which the agency solicited such public input and a summary of any input received.
3. The improvement plan must cover a period of 2 years and include, without limitation:
(a) Specific performance targets for improving the safety, permanency and well-being of the children in the care of the agency which provides child welfare services; and
(b) The approach that the agency which provides child welfare services will take to achieve the specific performance targets, including, without limitation, specific strategies that will be used.
4. On or before December 31 of each year, the agency which provides child welfare services must submit to the Division of Child and Family Services data demonstrating the progress that the agency which provides child welfare services has made towards meeting the specific performance targets set forth in the improvement plan submitted pursuant to subsection 1.
(Added to NRS by 2011, 2493)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.2165 - Incentive payment program: Administration by Division of Child and Family Services; application by certain agencies which provide child welfare services for incentive payment; approval or denial of application.

1. The Division of Child and Family Services shall administer a program to award incentive payments to an agency which provides child welfare services in a county whose population is 100,000 or more.
2. On or before May 1 of each year, an agency which provides child welfare services may submit an application to the Division of Child and Family Services for an incentive payment.
3. The application for an incentive payment must include, without limitation:
(a) A description of the specific goal that the agency which provides child welfare services agrees to achieve by June 30 of the following year if the incentive payment is awarded;
(b) Baseline data to support the need to achieve the specific goal and which will provide a manner in which to measure whether the goal is achieved or to determine the percentage of the goal that is achieved; and
(c) The amount requested by the agency which provides child welfare services as an incentive payment.
4. If the Division of Child and Family Services does not approve the application, the Division must notify the agency which provides child welfare services of the specific deficiencies in the application and allow the agency to resubmit the application within 30 days.
5. If the Division of Child and Family Services approves the application, the Division of Child and Family Services shall, to the extent that money is available for that purpose, award an incentive payment to the agency which provides child welfare services for the fiscal year beginning on July 1 of the year in which the application is submitted.
(Added to NRS by 2011, 2494)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.217 - Incentive payment program: Application for incentive payment in subsequent years; approval or denial of application; amount of subsequent incentive payment awarded.

1. Each year following the award of an incentive payment pursuant to NRS 432B.2165, the agency which provides child welfare services may submit an application on or before May 1 for an incentive payment to be awarded for the next fiscal year beginning on July 1 following approval of the application.
2. The agency which provides child welfare services shall submit the application in the manner set forth in NRS 432B.2165 and must, in addition to the information required pursuant to NRS 432B.2165, include an estimate of the percentage of the goals established in the prior application that will be achieved by the agency which provides child welfare services by June 30.
3. If the Division of Child and Family Services approves the application, the Division shall, to the extent that money has been made available for that purpose, award an incentive payment to the agency which provides child welfare services for the fiscal year beginning on July 1 of the year in which the application is submitted in an amount not to exceed a percentage of the amount awarded for the current fiscal year as determined pursuant to subsection 4.
4. The amount of an incentive payment that may be awarded for the next fiscal year pursuant to this section must be determined by multiplying the amount awarded for the current fiscal year by the percentage point of completion of the goal established for the current fiscal year, up to a maximum of 100 percent of the amount of the incentive payment awarded for the current fiscal year.
(Added to NRS by 2011, 2494)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.2175 - Incentive payment program: Agency awarded incentive payment required to submit report to Division of Child and Family Services demonstrating percentage of goal achieved.

1. On or before September 1 of the year following the year in which an agency which provides child welfare services is awarded an incentive payment from the program established pursuant to NRS 432B.2165, the agency which provides child welfare services shall submit to the Division of Child and Family Services a report which demonstrates whether the goal established pursuant to NRS 432B.2165 was achieved and, if not, the percentage of the goal that was achieved by June 30 of the fiscal year in which the incentive payment was awarded.
2. If the report submitted pursuant to subsection 1 demonstrates that the agency which provides child welfare services achieved:
(a) A greater percentage of the goal than estimated pursuant to NRS 432B.217, the Division of Child and Family Services shall increase the incentive payment to the agency which provides child welfare services by an amount equal to the additional amount that should have been awarded pursuant to subsection 4 of NRS 432B.217; or
(b) A lower percentage of the goal than estimated pursuant to NRS 432B.217, the agency which provides child welfare services shall reimburse to the Division an amount equal to the additional amount that should not have been awarded pursuant to subsection 4 of NRS 432B.217.
(Added to NRS by 2011, 2495)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.218 - Annual report to Governor and Legislature by Division of Child and Family Services concerning achievement by certain agencies which provide child welfare services of specific performance targets in improvement plans and specific goals established to receive incentive payments.

On or before January 31 of each year, the Division of Child and Family Services shall prepare and submit a report to the Governor and the Legislature which includes, without limitation, information concerning:
1. The progress made by each agency which provides child welfare services in a county whose population is 100,000 or more toward achieving the specific performance targets set forth in an improvement plan submitted by the agency pursuant to NRS 432B.216; and
2. Whether the agency which provides child welfare services in a county whose population is 100,000 or more achieved the specific goal established pursuant to NRS 432B.2165 during the previous fiscal year and, if not, the percentage of the goal that was achieved.
(Added to NRS by 2011, 2495)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › 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.

1. The Division of Child and Family Services shall award a block grant to each agency which provides child welfare services in a county whose population is 100,000 or more for each fiscal year to the extent that money has been appropriated to the Division for that purpose. The amount of the appropriation to the Division of Child and Family Services must be based on the amount appropriated for the previous biennium. The amount of the block grant must be determined for 2 years beginning on July 1 of each odd-numbered year and allocated each fiscal year.
2. An agency which provides child welfare services that receives a block grant pursuant to subsection 1 may use the money allocated for any costs of providing child welfare services without restriction, the agency which provides child welfare services is not required to return any money remaining from that allocation at the end of the fiscal year, and the money does not revert to the State General Fund.
3. If the board of county commissioners of a county whose population is 100,000 or more appropriates to the agency which provides child welfare services for the county an amount less than the amount appropriated to the agency for the fiscal year beginning on July 1, 2010, the Division of Child and Family Services must reduce the amount of the block grant awarded pursuant to subsection 1 by an equal amount.
(Added to NRS by 2011, 2495)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.219 - Categorical grants for adoption assistance programs; determination of amount; restrictions on use; nonreversion of certain grant money.

1. The Division of Child and Family Services shall provide a categorical grant to each agency which provides child welfare services for each fiscal year for its adoption assistance program to the extent that money has been appropriated to the Division for that purpose. The amount of the grant must be based upon the estimated cost of the projected growth in the adoption assistance program.
2. The amount of the grant awarded pursuant to subsection 1 must be determined for 2 years beginning on July 1 of each odd-numbered year and allocated each fiscal year.
3. Except as otherwise provided in subsection 4:
(a) An agency which provides child welfare services that receives a grant pursuant to subsection 1 must use the money allocated only for costs associated with the adoption assistance program.
(b) Any money from the grant awarded pursuant to subsection 1 that has not been used or committed for expenditure by the agency which provides child welfare services by the end of the fiscal year reverts to the State General Fund.
4. The portion of any money remaining at the end of a fiscal year from a grant awarded pursuant to subsection 1 that is identified as savings pursuant to the calculation required under 42 U.S.C. § 673(a)(8)(D)(ii) does not revert to the State General Fund and may be carried forward to the next fiscal year and used for any costs of providing child welfare services without restriction. Any such money identified as savings that has not been used or committed for expenditure by the agency which provides child welfare services by the end of the fiscal year to which the money was carried forward reverts to the State General Fund.
(Added to NRS by 2011, 2496; A 2021, 2712)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.225 - Attorney prohibited from reporting abuse or neglect of child in certain circumstances.

1. Notwithstanding the provisions of NRS 432B.220, an attorney shall not make a report of the abuse or neglect of a child if the attorney acquired knowledge of the abuse or neglect from a client during a privileged communication if the client:
(a) Has been or may be accused of committing the abuse or neglect; or
(b) Is the victim of the abuse or neglect, is in foster care and did not give consent to the attorney to report the abuse or neglect.
2. Nothing in this section shall be construed as relieving an attorney from:
(a) Except as otherwise provided in subsection 1, the duty to report the abuse or neglect of a child pursuant to NRS 432B.220; or
(b) Complying with any ethical duties of attorneys as set forth in the Nevada Rules of Professional Conduct, including, without limitation, any duty to take reasonably necessary actions to protect the client of the attorney if the client is not capable of making adequately considered decisions because of age, mental impairment or any other reason. Such actions may include, without limitation, consulting with other persons who may take actions to protect the client and, when appropriate, seeking the appointment of a guardian ad litem, conservator or guardian.
(Added to NRS by 2013, 1085)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.230 - Authorized methods of making report; contents.

1. A person may make a report pursuant to NRS 432B.220 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.
2. The report must contain the following information, if obtainable:
(a) The name, address, age and sex of the child;
(b) The name and address of the child’s parents or other person responsible for the care of the child;
(c) The nature and extent of the abuse or neglect of the child, the effect of a fetal alcohol spectrum disorder or prenatal substance use disorder on the newborn infant or the nature of the withdrawal symptoms resulting from prenatal substance exposure of the newborn infant;
(d) Any evidence of previously known or suspected:
(1) Abuse or neglect of the child or the child’s siblings; or
(2) Effects of a fetal alcohol spectrum disorder or prenatal substance use disorder on or evidence of withdrawal symptoms resulting from prenatal substance exposure of the newborn infant;
(e) The name, address and relationship, if known, of the person who is alleged to have abused or neglected the child; and
(f) Any other information known to the person making the report that the agency which provides child welfare services considers necessary.
(Added to NRS by 1985, 1372; A 1999, 3528; 2001 Special Session, 38; 2005, 2033; 2017, 1384)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.240 - Penalty for failure to make report.

Any person who knowingly and willfully violates the provisions of NRS 432B.220 is guilty of:
1. For the first violation, a misdemeanor.
2. For each subsequent violation, a gross misdemeanor.
(Added to NRS by 1985, 1373; A 2013, 1088)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.250 - Persons required to report prohibited from invoking certain privileges.

Any person who is required to make a report pursuant to NRS 432B.220 may not invoke any of the privileges set forth in chapter 49 of NRS:
1. For failure to make a report pursuant to NRS 432B.220;
2. In cooperating with an agency which provides child welfare services or a guardian ad litem for a child; or
3. In any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive.
(Added to NRS by 1985, 1378; A 1999, 3528; 2001 Special Session, 38; 2003, 590; 2023, 2332)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.255 - Admissibility of evidence.

In any proceeding resulting from a report made or action taken pursuant to the provisions of NRS 432B.220, 432B.230 or 432B.340 or in any proceeding where such report or the contents thereof is sought to be introduced in evidence, such report or contents or any other fact or facts related thereto or to the condition of the child who is the subject of the report shall not be excluded on the ground that the matter would otherwise be privileged against disclosure under chapter 49 of NRS.
(Added to NRS by 1965, 548; A 1971, 804)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.280 - Confidentiality of information maintained by an agency which provides child welfare services; exceptions; penalty.

1. Except as otherwise provided in NRS 239.0115, 432B.165, 432B.175 and 439.597 and except as otherwise authorized or required pursuant to NRS 432B.290, information maintained by an agency which provides child welfare services, including, without limitation, reports and investigations made pursuant to this chapter, is confidential.
2. Any person, law enforcement agency or public agency, institution or facility who willfully releases or disseminates such information, except:
(a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child;
(b) As otherwise authorized pursuant to NRS 432B.165 and 432B.175;
(c) As otherwise authorized or required pursuant to NRS 432B.290;
(d) As otherwise authorized or required pursuant to NRS 439.597; or
(e) As otherwise required pursuant to NRS 432B.513,
is guilty of a gross misdemeanor.
(Added to NRS by 1985, 1373; A 1999, 2032; 2001, 1701; 2007, 195, 1507, 1980, 2106; 2013, 525)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.300 - Determinations to be made from investigation of report.

If an agency which provides child welfare services determines that an investigation of a report concerning the possible abuse or neglect of a child is warranted pursuant to NRS 432B.260, the agency shall determine, without limitation:
1. The composition of the family, household or facility, including the name, address, age, sex and race of each child named in the report, any siblings or other children in the same place or under the care of the same person, the persons responsible for the children’s welfare and any other adult living or working in the same household or facility;
2. Whether there is reasonable cause to believe any child is abused or neglected or threatened with abuse or neglect, the nature and extent of existing or previous injuries, abuse or neglect and any evidence thereof, and the person apparently responsible;
3. Whether there is reasonable cause to believe that a child has suffered a fatality as a result of abuse or neglect regardless of whether or not there are any siblings of the child or other children who are residing in the same household as the child who is believed to have suffered a fatality as a result of abuse or neglect;
4. If there is reasonable cause to believe that a child is abused or neglected, the immediate and long-term risk to the child if the child remains in the same environment; and
5. The treatment and services which appear necessary to help prevent further abuse or neglect and to improve the environment of the child and the ability of the person responsible for the child’s welfare to care adequately for the child.
(Added to NRS by 1985, 1375; A 1997, 2475; 2001, 1850; 2001 Special Session, 42; 2003, 236; 2007, 1507; 2013, 2878; 2021, 791)