Nevada Administrative Code › Chapter 62B - General Administration; Jurisdiction › COMMITMENT AND PLACEMENT OF CHILDREN › Section 62B.085 - Establishment of procedure by institution or agency to ensure appropriate placement of child in accordance with gender identity or expression

Current through June 11, 2024
1. Each institution or agency shall establish
			 a procedure that, at a minimum, ensures:
(a) A
			 determination of the gender identity or expression or sexual orientation of a
			 child who is held at the institution or in the custody or control of the agency
			 is made in a manner that is primarily based on self-reporting from the child
			 and is respectful and developmentally appropriate.
(b) Responsiveness to the gender identity or
			 expression of a child who is held at the institution or in the custody or
			 control of the agency with regard to, without limitation:
(1) A determination concerning arrangements
			 for housing, including, without limitation, arrangements for housing that:
(I) Align with the gender identity or
			 expression of the child;
(II) Take
			 into consideration the wishes of the child; and
(III) Take into consideration the health and
			 safety of the child; and
(2) Access to privacy while showering,
			 changing clothes and using the bathroom facility.
(c) A child who is held at the institution or
			 in the custody or control of the agency is free from abuse or neglect and
			 bullying or harassment that is based on the gender identity or expression of
			 the child.
(d) The staff of the
			 institution or agency is instructed on how to detect, respond to and protect a
			 child who is held at the institution or in the custody or control of the agency
			 from any threatened or actual abuse or neglect, bullying or
			 harassment.
(e) The staff of the
			 institution or agency is instructed on how to communicate effectively and
			 professionally with and about a child who is held at the institution or in the
			 custody or control of the agency, regardless of the gender identity or
			 expression or sexual orientation of the child.
(f) Resources necessary to support the gender
			 identity or expression and sexual orientation of all children held at the
			 institution or in the custody or control of the agency are identified and
			 provided to the children.
(g)
			 Except as otherwise provided in this paragraph or as otherwise required by
			 state or federal law, the gender identity or expression or sexual orientation
			 of a child who is held at the institution or in the custody or control of the
			 agency is not disclosed without the consent of the child. The gender identity
			 or expression or sexual orientation of a child who is held at the institution
			 or in the custody or control of the agency may be disclosed in limited
			 circumstances, as recommended by a mental health professional, without the
			 consent of the child if the superintendent of the state facility for the
			 detention of children or the director of juvenile services has determined,
			 based on the recommendation of the mental health professional, that such a
			 disclosure is in the best interest of the child and the disclosure is limited
			 to the circumstances recommended by the mental health professional.
(h) The staff of the institution or agency is
			 prohibited from conducting a physical examination of the genitals or pubic area
			 of a child who is held at the institution or in the custody or control of the
			 agency solely to determine the gender of the child.
(i) A child who is held at the institution or
			 in the custody or control of the agency is not placed in isolation or
			 restrictive settings based on the gender identity or expression or sexual
			 orientation of the child, including, without limitation, the use of such a
			 placement as a means of protecting the child.