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2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.60817 - Considerations for court in issuing or renewing order.

In determining pursuant to NRS 432B.60815 and 432B.60818 whether to issue or renew an order for the admission of a child who is in the custody of an agency which provides child welfare services to a facility for nonemergency treatment, 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 the child 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 and treatment and placement in a facility;
4. The best interests of the child, including, without limitation, whether the court believes the child might experience any psychological trauma from court-ordered admission;
5. Any alternative care or treatment options; and
6. Any other information the court deems relevant concerning the child.
(Added to NRS by 2023, 2331)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.60818 - Expiration and renewal of admission; authority of facility to release child.

1. If the court issues an order for the admission of a child who is in the custody of an agency which provides child welfare services to a facility for nonemergency mental health treatment pursuant to NRS 432B.60815, the order automatically expires:
(a) At the end of 90 days if the facility does not release the child pursuant to subsection 4 before the expiration of the order; or
(b) If the facility releases the child pursuant to subsection 4 before the expiration of the order, on the date of the release.
2. Before the expiration of an order for nonemergency medical treatment pursuant to paragraph (a) of subsection 1, the agency which provides child welfare services, the Division of Child and Family Services or any facility may petition to renew the admission of the child for additional periods not to exceed 60 days each. Each petition for renewal must set forth the specific reasons why further treatment in the facility is in the best interest of the child.
3. To grant a petition filed pursuant to subsection 2, the court must find by clear and convincing evidence that the child cannot be safely and effectively treated in a less restrictive appropriate environment. If the court finds that the child can be safely and effectively treated in a less restrictive appropriate environment, the court must order the discharge of the child from the facility.
4. A facility may unconditionally release a child who is admitted to the facility for nonemergency mental health treatment pursuant to NRS 432B.60815 without an order of the court upon the recommendation of the psychiatrist and other persons professionally qualified in the field of psychiatric mental health who are responsible for treating the child. At least 30 days before the anticipated discharge, the facility shall provide notice of the recommendation to all parties. Such notice must include, without limitation, an explanation of the reasons that:
(a) The release is clinically appropriate; and
(b) The child can be safely and effectively treated in a less restrictive appropriate environment.
(Added to NRS by 2023, 2331)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.60819 - 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 pursuant to NRS 432B.60815 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 not later than 30 days after the child is admitted to the facility and be updated on an ongoing basis throughout the admission;
2. Be submitted to the court after each period of admission ordered by the court pursuant to NRS 432B.60815 in the manner set forth in NRS 432B.60818; and
3. Include, without limitation:
(a) The anticipated length of treatment and the anticipated date of discharge of the child from the facility, if known;
(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 60 days after the child is discharged from the facility; and
(d) The recommended type of placement of the child after the child is discharged from the facility.
(Added to NRS by 2023, 2332)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.6082 - Personal rights.

In addition to the personal rights set forth in NRS 432B.607 to 432B.6085, inclusive, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS, and NRS 435.530 to 435.635, inclusive, a child who is in the custody of an agency which provides child welfare services and who is admitted to a facility has the following personal rights, a list of which must be prominently posted in all facilities providing evaluation, treatment or training services to such children and must be otherwise brought to the attention of the child by such additional means as prescribed by regulation:
1. To receive an education in accordance with a plan developed pursuant to NRS 432B.60847 as required by law; and
2. To receive an allowance from the agency which provides child welfare services in an amount equivalent to any allowance required to be provided to children who reside in foster homes.
(Added to NRS by 2005, 1321; A 2013, 3002; 2021, 3160)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.60845 - Requirements for certain facilities concerning training of employees and gender identity or expression of child placed in facility.

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 pursuant to NRS 432B.6076 or 432B.60815 shall:
1. Ensure that each employee of the facility who comes into direct contact with children at the facility receives, within 90 days after employment and annually thereafter, training that has been approved by the Division of Child and Family Services concerning working with lesbian, gay, bisexual, transgender and questioning children;
2. Ensure that each child who is placed in the facility is treated in all respects in accordance with the child’s gender identity or expression; and
3. Follow the protocols prescribed in the regulations adopted pursuant to NRS 432B.172 when placing the child within the facility.
(Added to NRS by 2017, 26; A 2023, 2347)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.6085 - Children’s rights; application of various provisions of chapters 433 and 435 of NRS and all of chapters 433A and 433B of NRS to children in custody of agency which provides child welfare services.

1. Nothing in this chapter purports to deprive any person of any legal rights without due process of law.
2. Unless the context clearly indicates otherwise, the provisions of NRS 432B.607 to 432B.6085, inclusive, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS and NRS 435.530 to 435.635, inclusive, apply to all children who are in the custody of an agency which provides child welfare services.
(Added to NRS by 2005, 1322; A 2013, 3002; 2017, 27; 2021, 3160; 2023, 2348)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.609 - Screening of child in custody of agency which provides child welfare services to determine whether child is victim of commercial sexual exploitation; exception.

1. Except as otherwise provided in subsection 4, each child in the custody of an agency which provides child welfare services must be screened to determine whether the child is a victim of commercial sexual exploitation.
2. An agency which provides child welfare services shall:
(a) Cause the screening required pursuant to subsection 1 to be conducted as soon as practicable after the child is placed in its custody; and
(b) If the results of the screening indicate that the child is a victim of commercial sexual exploitation, take the actions prescribed by NRS 432C.130.
3. The method for conducting the screening required pursuant to subsection 1 must be:
(a) Based on research; and
(b) Reliable and valid for identifying a child who is a victim of commercial sexual exploitation.
4. The requirement prescribed by subsection 1 does not apply if the agency which provides child welfare services has determined that no method for conducting the screening satisfies the requirements prescribed by subsection 3 for a child who is the same age as the child to whom the requirement applies.
5. As used in this section, "commercial sexual exploitation" has the meaning ascribed to it in NRS 432C.050.
(Added to NRS by 2023, 827)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.610 - Training of certain peace officers for detection and investigation of and response to cases of sexual abuse or sexual exploitation of children; regulations.

1. The Peace Officers’ Standards and Training Commission shall:
(a) Require each category I peace officer to complete a program of training for the detection and investigation of and response to cases of sexual abuse or sexual exploitation of children under the age of 18 years.
(b) Not certify any person as a category I peace officer unless the person has completed the program of training required pursuant to paragraph (a).
(c) Establish a program to provide the training required pursuant to paragraph (a).
(d) Adopt regulations necessary to carry out the provisions of this section.
2. As used in this section, "category I peace officer" means:
(a) Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;
(b) Personnel of the Nevada Highway Patrol whose principal duty is to enforce one or more laws of this State, and any person promoted from such a duty to a supervisory position related to such a duty;
(c) Marshals, police officers and correctional officers of cities and towns;
(d) Members of the Police Department of the Nevada System of Higher Education;
(e) Employees of the Division of State Parks of the State Department of Conservation and Natural Resources designated by the Administrator of the Division who exercise police powers specified in NRS 289.260;
(f) The Chief, investigators and agents of the Investigation Division of the Department of Public Safety;
(g) The personnel of the Department of Wildlife who exercise those powers of enforcement conferred by title 45 and chapter 488 of NRS; and
(h) School police officers employed or appointed by the board of trustees of any county school district.
(Added to NRS by 1993, 1335; A 1995, 559; 1999, 2429; 2001, 2614; 2003, 1564; 2005, 674; 2019, 3258)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.620 - Certification of peace officers who regularly investigate cases of sexual abuse or sexual exploitation of children; regulations.

1. A peace officer assigned to investigate regularly cases of sexual abuse or sexual exploitation of children under the age of 18 years must be certified to carry out those duties by the Peace Officers’ Standards and Training Commission.
2. The Peace Officers’ Standards and Training Commission shall require each peace officer assigned to investigate regularly cases of sexual abuse or sexual exploitation of children under the age of 18 years to complete, within 1 year after the peace officer is assigned to investigate those cases and each year thereafter, a program of training for the detection and investigation of and response to cases of sexual abuse or sexual exploitation of children under the age of 18 years.
3. If a law enforcement agency does not have a peace officer who is certified to investigate cases of sexual abuse or sexual exploitation of children under the age of 18 years pursuant to NRS 432B.610, it may consult with a peace officer of another law enforcement agency who is so certified.
4. The Peace Officers’ Standards and Training Commission shall:
(a) Establish the program of training required pursuant to subsection 2.
(b) Adopt regulations necessary to carry out the provisions of this section.
5. The provisions of this section do not prohibit a peace officer who is not certified to investigate cases of sexual abuse or sexual exploitation of children under the age of 18 years pursuant to NRS 432B.610 from testifying or presenting evidence at any proceeding relating to the sexual abuse or sexual exploitation of a child under the age of 18 years.
(Added to NRS by 1993, 1336; A 1999, 2430)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.6201 - Definitions.

As used in NRS 432B.6201 to 432B.626, inclusive, unless the context otherwise requires, the words and terms defined in NRS 432B.621 and 432B.6213 have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 2434; A 2021, 1564)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.6213 - "Relative" defined.

"Relative" includes, without limitation, a fictive kin, if the Federal Government approves a state plan for the administration of the Program which is adopted pursuant to subsection 2 of NRS 432B.622 and which provides for the provision of assistance to a fictive kin of a child pursuant to the Program.
(Added to NRS by 2019, 2434)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.622 - Department to establish and administer Program; adoption of state plan; agency which provides child welfare services authorized to enter into agreement to provide assistance to relative of child pursuant to Program.

1. The Department, through a division of the Department designated by the Director, shall establish and administer the Kinship Guardianship Assistance Program to provide assistance pursuant to the provisions of NRS 432B.6201 to 432B.626, inclusive, and 42 U.S.C. §§ 671 and 673.
2. The Department shall adopt a state plan for the administration of the Program. To the extent authorized by federal law, the Department shall include in the state plan for the administration of the Program a provision to provide assistance to a fictive kin of a child pursuant to the Program.
3. An agency which provides child welfare services may enter into an agreement to provide assistance to a relative of a child pursuant to the Program. Such an agreement may be entered into with a relative who is located outside the State of Nevada. If a guardianship for the child is established in the other state, the agency which provides child welfare services must comply with any order of the court of the state in which the child resides concerning the guardianship.
(Added to NRS by 2011, 538; A 2019, 2435)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.623 - Qualifications for assistance pursuant to Program; placement of sibling of child who is eligible for assistance.

1. As a condition to the provision of assistance pursuant to the Program:
(a) A child must:
(1) Have been removed from his or her home:
(I) Pursuant to a written agreement voluntarily entered by the parent or guardian of the child and an agency which provides child welfare services; or
(II) By a court which has determined that it is in the best interests of the child for the child to remain in protective custody or to be placed in temporary or permanent custody outside his or her home;
(2) For not less than 6 consecutive months, have resided with a relative of the child;
(3) Demonstrate a strong attachment to the relative; and
(4) If the child is 14 years of age or older, be consulted regarding the guardianship arrangement.
(b) A relative of the child must:
(1) Demonstrate a strong commitment to caring for the child permanently;
(2) Be a provider of foster care who is licensed by a licensing authority pursuant to NRS 424.030;
(3) Enter into a written agreement for assistance with an agency which provides child welfare services before the relative is appointed as the legal guardian of the child; and
(4) Be appointed as the legal guardian of the child by a court of competent jurisdiction and comply with any requirements imposed by the court.
(c) An agency which provides child welfare services must determine that being returned home or adopted are not appropriate permanency options for the child.
2. If the sibling of a child who is eligible for assistance pursuant to the Program is not eligible for such assistance, the sibling may be placed with the child who is eligible for assistance upon approval of the agency which provides child welfare services and the relative. In such a case, payments may be made for the sibling so placed as if the sibling is eligible for the Program.
(Added to NRS by 2011, 539; A 2013, 1454; 2017, 1323; 2021, 3117)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.624 - Required provisions in agreement for assistance entered into pursuant to Program; eligibility for federal assistance for adoption not affected by such agreement.

1. An agreement for assistance entered into pursuant to the Program must include, without limitation:
(a) The amount of assistance provided under the agreement for each eligible child, which must not exceed the amount that the agency which provides child welfare services would provide to a foster parent if the child had been placed in foster care;
(b) The manner in which the assistance will be provided;
(c) The manner in which the agency which provides child welfare services may periodically adjust the amount of assistance, in consultation with the relative, based on the circumstances of the relative and the child;
(d) Any additional services or assistance that the child or relative may be eligible to receive under the agreement and a description of those services or assistance;
(e) The procedure by which the relative may apply for additional services or assistance, as needed; and
(f) Any other requirements set forth in 42 U.S.C. §§ 671 and 673.
2. The agency which provides child welfare services shall provide a copy of the agreement to the relative before he or she is appointed as the legal guardian of the child.
3. An agreement for assistance entered into pursuant to the Program remains in effect even if the relative changes the state of his or her residence.
4. An agreement made pursuant to this section does not affect the eligibility of the child to receive federal assistance for his or her adoption if the child is later adopted.
(Added to NRS by 2011, 539)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.625 - Background checks required before entering into agreement with relative for assistance pursuant to Program.

1. An agency which provides child welfare services shall, before entering into an agreement for assistance pursuant to the Program, obtain from appropriate law enforcement agencies information on the background and personal history of each relative of a child who seeks assistance pursuant to the Program and each resident of the home of such relative who is 18 years of age or older, to determine whether the person investigated has been arrested for or convicted of any crime.
2. The relative and each resident of the home of such relative must submit to the agency which provides child welfare services or its approved designee:
(a) A complete set of fingerprints and written permission authorizing the agency or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report to enable the agency or its approved designee to conduct an investigation pursuant to this subsection; and
(b) Written permission to conduct a child abuse and neglect screening.
(Added to NRS by 2011, 540)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.626 - Agency which provides child welfare services to include certain information in case plan of child whose legal guardian receives assistance pursuant to Program.

If a child is appointed a legal guardian who receives assistance pursuant to the Program, an agency which provides child welfare services shall document in the case plan maintained for the child:
1. The steps taken by the agency which provides child welfare services to determine that adoption or returning the child to his or her home is not an appropriate placement for the child.
2. The reason that the child was separated from any siblings during placement, if applicable.
3. The reasons that a permanent placement with a relative is in the best interests of the child.
4. That the child meets the requirements for eligibility set forth in NRS 432B.623.
5. The efforts made by the agency which provides child welfare services to discuss adoption of the child by the relative as an alternative to appointment as the legal guardian of the child and the reason that the relative has chosen not to pursue adoption.
6. The efforts made by the agency which provides child welfare services to discuss with the natural parent of the child the agreement to provide assistance to a relative or the reason that the agency was unable to discuss the agreement with the natural parent of the child, as applicable.
(Added to NRS by 2011, 540)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.635 - Immunity from liability for allowing child to participate in extracurricular, cultural or personal enrichment activities.

1. Except as otherwise provided in subsection 2, a person with whom a child has been placed pursuant to this chapter is immune from civil or criminal liability for approving or allowing the child to participate in extracurricular, cultural or personal enrichment activities if, in approving or allowing the child to participate in such activities, the person acted as a reasonable and prudent parent would have acted under the same circumstances to maintain the health, safety and best interests of the child while at the same time encouraging the emotional and developmental growth of the child.
2. The provisions of subsection 1 do not confer any immunity from civil or criminal liability for a person who violates an order of a court of competent jurisdiction.
(Added to NRS by 2017, 2935)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.640 - Assessment of child who may need counseling as result of battery that constitutes domestic violence; provision of evaluation or counseling.

1. Upon receiving a referral from a court pursuant to subsection 9 of NRS 200.485, an agency which provides child welfare services may, as appropriate, conduct an assessment to determine whether a psychological evaluation or counseling is needed by a child.
2. If an agency which provides child welfare services conducts an assessment pursuant to subsection 1 and determines that a psychological evaluation or counseling would benefit the child, the agency may, with the approval of the parent or legal guardian of the child:
(a) Conduct the evaluation or counseling; or
(b) Refer the child to a person that has entered into an agreement with the agency to provide those services.
(Added to NRS by 2001, 2487; A 2009, 97; 2017, 3185; 2019, 1826)
2023 Nevada Revised Statutes › Chapter 432B - Protection of Children From Abuse and Neglect › NRS 432B.650 - Individual development account: Provision of instruction in financial literacy to child for whom account is established.

1. An agency which provides child welfare services shall, to the extent that money is provided by the State Treasurer pursuant to NRS 422A.492 for that purpose, ensure that instruction in financial literacy is provided to a child for whom an individual development account is established pursuant to NRS 432B.645.
2. An agency which provides child welfare services may contract for the services of an independent contractor to provide the instruction required by subsection 1.
(Added to NRS by 2021, 1559)
2023 Nevada Revised Statutes › Chapter 432C - Protection of Children From Sexual Exploitation › NRS 432C.020 - "Agency which provides child welfare services" defined.

"Agency which provides child welfare services" means:
1. In a county whose population is less than 100,000, the local office of the Division of Child and Family Services of the Department of Health and Human Services; or
2. In a county whose population is 100,000 or more, the agency of the county,
which provides or arranges for necessary child welfare services.
(Added to NRS by 2019, 1931)
2023 Nevada Revised Statutes › Chapter 432C - Protection of Children From Sexual Exploitation › NRS 432C.050 - "Commercial sexual exploitation" defined.

"Commercial sexual exploitation" means the sex trafficking of a child in violation of NRS 201.300 or the sexual abuse or sexual exploitation of a child for the financial benefit of any person or in exchange for anything of value, including, without limitation, monetary or nonmonetary benefits given or received by any person.
(Added to NRS by 2019, 1931)
2023 Nevada Revised Statutes › Chapter 432C - Protection of Children From Sexual Exploitation › NRS 432C.060 - "Commercially sexually exploited child" defined.

"Commercially sexually exploited child" means any child who is sex trafficked in violation of NRS 201.300, sexually abused or sexually exploited for the financial benefit of any person or in exchange for anything of value, including, without limitation, monetary or nonmonetary benefits given or received by any person.
(Added to NRS by 2019, 1931)
2023 Nevada Revised Statutes › Chapter 432C - Protection of Children From Sexual Exploitation › NRS 432C.070 - "Information maintained by an agency which provides child welfare services" defined.

"Information maintained by an agency which provides child welfare services" means data or information concerning reports and assessments made pursuant to this chapter, including, without limitation, the name, address, date of birth, social security number and image or likeness of any child, family member of any child and reporting party or source, whether primary or collateral.
(Added to NRS by 2019, 1931)
2023 Nevada Revised Statutes › Chapter 432C - Protection of Children From Sexual Exploitation › NRS 432C.100 - Definition of when person has "reasonable cause to believe" and when person acts "as soon as reasonably practicable."

For the purposes of this chapter, a person:
1. Has "reasonable cause to believe" if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
2. Acts "as soon as reasonably practicable" if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.
(Added to NRS by 2019, 1931)
2023 Nevada Revised Statutes › Chapter 432C - Protection of Children From Sexual Exploitation › NRS 432C.110 - Persons required to make report; when and to whom reports are required; penalty for failure to make report.

1. Except as otherwise provided in subsection 2 and NRS 432C.120, any person who knows or has reasonable cause to believe that a child is a commercially sexually exploited child may report the commercial sexual exploitation of the child to an agency which provides child welfare services.
2. Except as otherwise provided in NRS 432C.120, any person who is required to make a report pursuant to NRS 432B.220 and who, in his or her professional capacity, knows or has reasonable cause to believe that a child is a commercially sexually exploited child shall:
(a) Report the commercial sexual exploitation of the child to an agency which provides child welfare services; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child is a commercially sexually exploited child.
3. If an alleged perpetrator of the commercial sexual exploitation of a child is or is alleged to be present with the child, or if the child is otherwise in imminent danger, any person who knows or has reasonable cause to believe that a child is a commercially sexually exploited child, including, without limitation, a person who is required to make a report pursuant to NRS 432B.220 shall immediately contact a law enforcement agency to report the commercial sexual exploitation of the child. Failure to make such a report is a misdemeanor.
4. Any person who knowingly and willfully violates the provisions of subsection 2 is guilty of:
(a) For the first violation, a misdemeanor.
(b) For each subsequent violation, a gross misdemeanor.
(Added to NRS by 2019, 1932)
2023 Nevada Revised Statutes › Chapter 432C - Protection of Children From Sexual Exploitation › NRS 432C.120 - Attorney prohibited from reporting commercial sexual exploitation of child in certain circumstances.

1. An attorney shall not make a report of the commercial sexual exploitation of a child if such reporting conflicts with the ethical duties of attorneys as set forth in the Nevada Rules of Professional Conduct.
2. Nothing in this section shall be construed as relieving an attorney from the duty to report the commercial sexual exploitation of a child pursuant to NRS 432C.110:
(a) To the extent the attorney reasonably believes necessary to prevent the further sex trafficking or sexual abuse of the child; or
(b) In any other circumstance for which such a report is authorized by the Nevada Rules of Professional Conduct.
(Added to NRS by 2019, 1932)
2023 Nevada Revised Statutes › Chapter 432C - Protection of Children From Sexual Exploitation › NRS 432C.140 - Confidentiality of information maintained by agency which provides child welfare services; exceptions; penalty.

1. Except as otherwise provided in NRS 239.0115 and 439.597 and except as otherwise authorized or required pursuant to NRS 432C.150, information maintained by an agency which provides child welfare services, including, without limitation, reports and assessments 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 commercial sexual exploitation of a child;
(b) As otherwise authorized or required pursuant to NRS 432C.150; or
(c) As otherwise authorized or required pursuant to NRS 439.597,
is guilty of a misdemeanor.
(Added to NRS by 2019, 1933)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.003 - Declaration of legislative intent.

The Legislature hereby declares that it is the intent of chapters 433 to 433C, inclusive, of NRS:
1. To eliminate the forfeiture of any civil and legal rights of any person and the imposition of any legal disability on any person, based on an allegation of mental illness, by any method other than a separate judicial proceeding resulting in a determination of incapacity, wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated; and
2. To charge the Division of Public and Behavioral Health, and the Division of Child and Family Services, of the Department with recognizing their duty to act in the best interests of their respective consumers by placing them in the least restrictive environment.
(Added to NRS by 1975, 1589; A 1993, 2715; 1999, 97, 2589; 2011, 410; 2013, 662, 3003)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.005 - Definitions.

As used in chapters 433 to 433C, inclusive, of NRS, unless the context otherwise requires, or except as otherwise defined by specific statute, the words and terms defined in NRS 433.014 to 433.227, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1969, 1060; A 1971, 1987; 1973, 256, 1220; 1975, 1589; 1979, 811; 1985, 2264; 1989, 1755; 1999, 2590; 2003, 1941; 2013, 3003; 2017, 2804)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.164 - "Mental illness" defined.

"Mental illness" means a clinically significant disorder of thought, mood, perception, orientation, memory or behavior which seriously limits the capacity of a person to function in the primary aspects of daily living, including, without limitation, personal relations, living arrangements, employment and recreation. The term does not include other mental disorders that result in diminished capacity, including, without limitation, epilepsy, intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or other substances or dependence upon or addiction to alcohol or other substances.
(Added to NRS by 1975, 1591; A 2003, 1941; 2017, 431)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.209 - "Person professionally qualified in the field of psychiatric mental health" defined.

"Person professionally qualified in the field of psychiatric mental health" means:
1. A psychiatrist licensed to practice medicine in the State of Nevada and certified by the American Board of Psychiatry and Neurology;
2. A psychologist licensed to practice in this State;
3. A social worker who holds a master’s degree in social work, is licensed by the State as a clinical social worker and is employed by the Division;
4. A registered nurse who:
(a) Is licensed to practice professional nursing in this State;
(b) Holds a master’s degree in the field of psychiatric nursing; and
(c) Is employed by the Division;
5. A marriage and family therapist licensed pursuant to chapter 641A of NRS; or
6. A clinical professional counselor licensed pursuant to chapter 641A of NRS.
(Added to NRS by 1975, 1591; A 1983, 506; 1985, 2044; 1987, 527, 1124, 2133, 2134; 1989, 1550; 2007, 3086)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.233 - Designation.

1. The division facilities providing mental health services are designated as:
(a) Northern Nevada Adult Mental Health Services;
(b) Southern Nevada Adult Mental Health Services;
(c) Rural clinics; and
(d) Lakes Crossing Center.
2. Division facilities established after July 1, 1981, must be named by the Administrator, subject to the approval of the Director of the Department.
(Added to NRS by 1981, 274; A 1993, 2715; 1999, 97, 2590; 2001, 1115; 2013, 663, 3003)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.2335 - Hours of operation for mobile units.

If a division facility provides mental health services using a mobile unit in a county whose population is 100,000 or more, the mobile unit must be available to provide such services from 8 a.m. or earlier to 12 a.m. or later, 7 days a week, including holidays.
(Added to NRS by 2017, 2927)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.234 - Administration of facilities of Division.

The provisions of chapters 433 to 433C, inclusive, of NRS pertaining to division facilities must be administered by the respective administrative officers of the division facilities, subject to administrative supervision by the Administrator.
(Added to NRS by 1975, 1592; A 1993, 2715; 2013, 3004)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.244 - Administrator: Qualifications; classification.

1. The Administrator must be selected on the basis of his or her education, training, experience, leadership qualities, demonstrated abilities and interest in the field of behavioral health or public health.
2. The Administrator is in the unclassified service of the State.
(Added to NRS by 1975, 1592; A 1981, 1281, 1685; 1983, 641; 1985, 2264; 1999, 2590; 2009, 270; 2013, 663, 3004)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.254 - Administrator: Powers and duties.

1. The Administrator serves at the pleasure of the Director of the Department and shall:
(a) Serve as the Executive Officer of the Division;
(b) Administer the Division in accordance with the policies established by the Commission;
(c) Make an annual report to the Director of the Department on the condition and operation of the Division, and such other reports as the Director may prescribe; and
(d) Employ, within the limits of available money, the assistants and employees necessary to the efficient operation of the Division.
2. The Administrator may:
(a) Appoint the administrative personnel necessary to operate the programs of the Division.
(b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of the facilities of the Division.
3. If the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the Director of the Department.
(Added to NRS by 1975, 1592; A 1979, 811; 1985, 423, 2264; 1989, 429; 2009, 271; 2019, 4464)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.259 - Administrator: Delegation of power, duty or function.

1. The Administrator may delegate to any officer, deputy or employee of the Division the exercise or discharge in the name of the Administrator of any power, duty or function vested in or imposed upon the Administrator.
2. The official act of any such person acting in the name of the Administrator and by his or her authority shall be deemed an official act of the Administrator.
(Added to NRS by 2013, 3003)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.262 - Medical director responsible to Chief Medical Officer.

The medical director or other person in charge of any division facility or any other facility or center established pursuant to chapters 433 to 433C, inclusive, of NRS:
1. Is subject to the oversight of the Chief Medical Officer; and
2. Shall report to the Chief Medical Officer any information concerning the facility or center upon the request of the Chief Medical Officer.
(Added to NRS by 2013, 3003)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.264 - Physicians: Employment; qualifications; compensation; duties.

1. Physicians shall be employed within the various division facilities as are necessary for the operation of the facilities. They shall hold degrees of doctor of medicine or doctor of osteopathic medicine from accredited medical schools and they shall be licensed to practice medicine or osteopathic medicine in Nevada as provided by law.
2. Except as otherwise provided by law, their only compensation shall be annual salaries, fixed in accordance with the pay plan adopted pursuant to the provisions of NRS 284.175.
3. The physicians shall perform such duties pertaining to the care and treatment of consumers as may be required.
(Added to NRS by 1975, 1592; A 2011, 410; 2013, 3004)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.265 - Licensing or certification of certain employees of Division.

Any person employed by the Division as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, registered nurse or social worker must be licensed or certified by the appropriate state licensing board for his or her respective profession.
(Added to NRS by 1985, 2044; A 1987, 527, 1122, 2133, 2134; 2007, 3086)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.267 - Limitation on time for certification of psychiatrist employed by Division.

Any psychiatrist who is employed by the Division must be certified by the American Board of Psychiatry and Neurology within 5 years after the psychiatrist’s first date of employment with the Division. The Administrator shall terminate the employment of any psychiatrist who fails to receive such certification.
(Added to NRS by 1985, 2044; A 1989, 683)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.269 - Proficiency in English language required of certain employees.

The Administrator shall not employ any psychiatrist, psychologist, social worker or registered nurse who holds a master’s degree in the field of psychiatric nursing who is unable to demonstrate proficiency in the oral and written expression of the English language.
(Added to NRS by 1985, 2044)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.279 - Program for certification of mental health technicians.

1. The Division shall carry out a vocational and educational program for the certification of mental health technicians, including forensic technicians:
(a) Employed by the Division, or other employees of the Division who perform similar duties, but are classified differently.
(b) Employed by the Division of Child and Family Services of the Department.
The program must be carried out in cooperation with the Nevada System of Higher Education.
2. A mental health technician is responsible to the director of the service in which his or her duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize a mental health technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.
3. The Division shall adopt regulations to carry out the provisions of this section.
4. As used in this section, "mental health technician" means an employee of the Division of Public and Behavioral Services or the Division of Child and Family Services who, for compensation or personal profit, carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of persons with mental illness and persons who are emotionally disturbed, and who has direct responsibility for:
(a) Administering or carrying out specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable consumers to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or
(b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of consumers, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the consumers.
(Added to NRS by 1989, 428; A 1993, 402, 2230; 1995, 805; 1999, 98, 2591; 2011, 410; 2013, 663, 3004)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.314 - Duties.

1. The Commission shall:
(a) Establish policies to ensure adequate development and administration of services for persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities, persons with substance use disorders or persons with co-occurring disorders, including services to prevent mental illness, intellectual disabilities, developmental disabilities, substance use disorders and co-occurring disorders, and services provided without admission to a facility or institution;
(b) Set policies for the care and treatment of persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities, persons with substance use disorders or persons with co-occurring disorders provided by all state agencies;
(c) If a data dashboard is established pursuant to NRS 439.245, use the data dashboard to review access by different groups and populations in this State to behavioral health services provided through telehealth, as defined in NRS 629.515, and evaluate policies to make such access more equitable;
(d) Review the programs and finances of the Division;
(e) Report at the beginning of each year to the Governor and at the beginning of each odd-numbered year to the Legislature:
(1) Information concerning the quality of the care and treatment provided for persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities, persons with substance use disorders or persons with co-occurring disorders in this State and on any progress made toward improving the quality of that care and treatment; and
(2) In coordination with the Department, any recommendations from the regional behavioral health policy boards created pursuant to NRS 433.429. The report must include, without limitation:
(I) The epidemiologic profiles of substance use disorders, addictive disorders related to gambling and suicide;
(II) Relevant behavioral health prevalence data for each behavioral health region created by NRS 433.428; and
(III) The health priorities set for each behavioral health region; and
(f) Review and make recommendations concerning regulations submitted to the Commission for review pursuant to NRS 641.100, 641A.160, 641B.160 and 641C.200.
2. The Commission may employ an administrative assistant and a data analyst to assist the regional behavioral health policy boards created by NRS 433.429 in carrying out their duties.
(Added to NRS by 1975, 1593; A 1985, 2265; 1999, 2591; 2009, 662; 2013, 664, 3005; 2017, 2247, 2248, 2805, 2993; 2019, 2043; 2021, 3012)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.317 - Appointment of subcommittee on the mental health of children; duties; compensation to extent of available funding.

1. The Commission shall appoint a subcommittee on the mental health of children to review the findings and recommendations of each mental health consortium submitted pursuant to NRS 433B.335 and to create a statewide plan for the provision of mental health services to children.
2. The members of the subcommittee appointed pursuant to this section serve at the pleasure of the Commission. The members serve without compensation, except that each member is entitled, while engaged in the business of the subcommittee, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.
(Added to NRS by 2009, 662)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.318 - Appointment of subcommittee or advisory committee; member qualifications; duties; compensation to extent of available funding.

1. The Commission may appoint a subcommittee or an advisory committee composed of members who have experience and knowledge of matters relating to persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities, persons with substance use disorders or persons with co-occurring disorders and who, to the extent practicable, represent the ethnic and geographic diversity of this State.
2. A subcommittee or advisory committee appointed pursuant to this section shall consider specific issues and advise the Commission on matters related to the duties of the Commission.
3. The members of a subcommittee or advisory committee appointed pursuant to this section serve at the pleasure of the Commission. The members serve without compensation, except that each member is entitled, while engaged in the business of the subcommittee or advisory committee, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.
(Added to NRS by 2009, 662; A 2013, 665, 3007; 2017, 2806)