NRS: CHAPTER 433B - ADDITIONAL PROVISIONS RELATING TO CHILDREN

[Rev. 6/29/2024 4:05:36 PM--2023]

CHAPTER 433B - ADDITIONAL PROVISIONS RELATING TO CHILDREN

GENERAL PROVISIONS

NRS 433B.010 Definitions.

NRS 433B.020 “Administrative officer” defined.

NRS 433B.030 “Administrator” defined.

NRS 433B.040 “Child” defined.

NRS 433B.045 “Child with an emotional disturbance” defined.

NRS 433B.060 “Division” defined.

NRS 433B.070 “Division facility” defined.

NRS 433B.090 “Person professionally qualified in the field of psychiatric mental health” defined.

NRS 433B.100 “Treatment” defined.

NRS 433B.105 Person’s legal rights; application of various provisions of chapter 433 of NRS and all of chapter 433A of NRS to children.

NRS 433B.110 Designation of division facilities.

DUTIES OF ADMINISTRATOR

NRS 433B.120 Administration of division facilities.

NRS 433B.130 Administrator: Powers and duties.

NRS 433B.135 Adoption of policies concerning the administration of medications.

NRS 433B.140 Coordination with Administrator of Division of Public and Behavioral Health: Compliance with agreements and Interstate Compact on Mental Health; acceptance for admission to division facility.

PERSONNEL

NRS 433B.150 Physicians: Employment; qualifications; compensation; duties.

NRS 433B.160 Licensing or certification of certain employees of Division.

NRS 433B.170 Proficiency in English language required of certain employees.

NRS 433B.175 Administrator required to ensure training of employees who have direct contact with children; regulations.

NRS 433B.183 Division facility required to conduct investigations of employees; submission of fingerprints; limitation on contact with children.

NRS 433B.185 Termination of employee who has been charged with or convicted of certain crimes; right of employee to correct information; waiver; tracking and review of certain information relating to waivers.

NRS 433B.187 Maintenance of record of investigation and fingerprints.

CARE OF CONSUMERS

Miscellaneous Provisions

NRS 433B.190 Adoption of regulations concerning abuse and neglect of consumers.

NRS 433B.200 Division facility required to forward consumer’s medical records upon transfer of consumer from facility.

NRS 433B.205 Notification of death of consumer; burial.

Contracts

NRS 433B.210 Contracts for inpatient and outpatient care.

NRS 433B.220 Contracts for cooperation with governmental agencies and others; effect of payments to Division for such cooperation; immunity from and limitations on liability not waived.

Costs, Fees and Accounts

NRS 433B.230 State not responsible for payment of costs of care and treatment at other facility; exception.

NRS 433B.240 Legislative appropriations; payment of claims.

NRS 433B.250 Schedule of fees for services rendered through programs supported by State; disposition of receipts; amount of fee for services of facility.

NRS 433B.260 Fees of physicians and other professionally qualified employees of facility.

NRS 433B.270 Revolving accounts.

Children With Emotional Disturbance

NRS 433B.290 Provision of treatment; operation of treatment facilities; regulations; coordination of activities.

NRS 433B.300 Requirements for treatment provided.

NRS 433B.310 Conditions for admission for treatment.

NRS 433B.320 Approval of court-ordered commitment; approval before release; exception.

NRS 433B.325 Treatment facility or other facility to which child is committed by court order required to treat child in accordance with gender identity or expression; regulations concerning placement of children.

NRS 433B.330 Approval of admission upon application by parent or guardian.

NRS 433B.331 Consultation with treating provider of health care when admitting to inpatient psychiatric treatment facility; coordination of care.

NRS 433B.333 Establishment of mental health consortia; members.

NRS 433B.335 Long-term strategic plan for provision of services to children with emotional disturbance: Preparation by consortium; requirements; submission; consideration of priorities of and requests for allocations to consortium in agency’s biennial budget request.

NRS 433B.337 Authority of mental health consortium to carry out certain activities concerning long-term strategic plan; coordination with Department.

NRS 433B.339 Authority of mental health consortium to enter into contracts and accept gifts, grants and donations; establishment and administration of account for money of consortium.

Program to Prevent Certain Children From Being Relinquished to or Placed With Certain Institutions or Agencies

NRS 433B.3392 “Agency which provides child welfare services” defined.

NRS 433B.3393 Establishment of task force to develop program; membership of task force; members serve without compensation; members employed by State or political subdivision.

NRS 433B.3394 Duties of task force; duty of Department to adopt regulations.

NRS 433B.3396 Director of Department to appoint clinical teams; duties of clinical teams.

NRS 433B.3398 Annual report to Department by each agency which provides child welfare services; annual report to Legislature by Department.

Prohibited Acts

NRS 433B.340 Abuse of consumer; failure to report abuse; possession or use of intoxicating beverage or controlled substance; transaction with consumer; aiding escape of consumer; penalties.

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GENERAL PROVISIONS

NRS 433B.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 433B.020 to 433B.100, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1993, 2708)

NRS 433B.020 “Administrative officer” defined. “Administrative officer” means a person with overall executive and administrative responsibility for those state or nonstate facilities for the mental health of children designated by the Administrator.

(Added to NRS by 1993, 2708)

NRS 433B.030 “Administrator” defined. “Administrator” means the Administrator of the Division.

(Added to NRS by 1993, 2708)

NRS 433B.040 “Child” defined. “Child” means a person less than 18 years of age or, if in school, until graduation from high school.

(Added to NRS by 1993, 2708)

NRS 433B.045 “Child with an emotional disturbance” defined. “Child with an emotional disturbance” means a child whose progressive development of personality is interfered with or arrested by mental disorder so that the child shows impairment in the capacity expected of the child for his or her age and endowment for:

1. A reasonably accurate perception of the world around him or her;

2. Control of his or her impulses;

3. Satisfying and satisfactory relationships with others;

4. Learning; or

5. Any combination of these factors.

(Added to NRS by 1993, 2708)

NRS 433B.060 “Division” defined. “Division” means the Division of Child and Family Services.

(Added to NRS by 1993, 2708)

NRS 433B.070 “Division facility” defined. “Division facility” means any unit or subunit operated by the Division for the care and treatment of consumers.

(Added to NRS by 1993, 2708; A 2011, 432)

NRS 433B.090 “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 this State 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 of Child and Family Services of the Department or the Division of Public and Behavioral Health of the Department;

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 1993, 2709; A 1999, 102; 2007, 3088)

NRS 433B.100 “Treatment” defined. “Treatment” means any combination of procedures or activities for the mental health of children, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility.

(Added to NRS by 1993, 2709)

NRS 433B.105 Person’s legal rights; application of various provisions of chapter 433 of NRS and all of chapter 433A of NRS to children.

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 433.456 to 433.543, inclusive, 433.545 to 433.551, inclusive, and chapter 433A of NRS apply to all persons subject to the provisions of this chapter.

(Added to NRS by 1993, 2714; A 2001, 236)—(Substituted in revision for NRS 433B.350)

NRS 433B.110 Designation of division facilities.

1. The division facilities providing services for the mental health of children are designated as:

(a) The Nevada Youth Hospital;

(b) The Adolescent Treatment Center;

(d) Southern Nevada Children’s Behavioral Services.

2. Division facilities established after July 1, 1993, must be named by the Administrator, subject to the approval of the Director of the Department.

(Added to NRS by 1993, 2709; A 2001, 1116)

DUTIES OF ADMINISTRATOR

NRS 433B.120 Administration of division facilities. The provisions of this chapter 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 1993, 2709)

NRS 433B.130 Administrator: Powers and duties.

1. The Administrator shall:

(a) Administer, in accordance with the policies established by the Commission, the programs of the Division for the mental health of children.

(b) Establish appropriate policies to ensure that children in division facilities have timely access to clinically appropriate psychotropic medication that are consistent with the provisions of NRS 432B.197 and NRS 432B.4681 to 432B.469, inclusive, and the policies adopted pursuant thereto.

(c) Upon an order of a juvenile court pursuant to NRS 62D.180 or 62D.185, accept and provide services to a child who has been determined to be incompetent by the juvenile court.

2. The Administrator may:

(a) Appoint the administrative personnel necessary to operate the programs of the Division for the mental health of children.

(b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of any division facilities.

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.

4. The Administrator may enter into agreements with the Administrator of the Division of Public and Behavioral Health of the Department or with the Administrator of the Aging and Disability Services Division of the Department for the care and treatment of consumers of the Division of Child and Family Services at any facility operated by the Division of Public and Behavioral Health or the Aging and Disability Services Division, as applicable.

(Added to NRS by 1993, 2709; A 1999, 103; 2009, 271, 414; 2011, 432, 2677; 2013, 3015; 2019, 4464; 2021, 2557)

NRS 433B.135 Adoption of policies concerning the administration of medications.

1. The Administrator shall adopt a policy for each treatment facility and any other division facility into which a child may be committed by a court order concerning the manner in which to:

(a) Document the orders of the treating physician of a child;

(b) Administer medication to a child;

(d) Document the administration of medication and any errors in the administration of medication;

(e) Minimize errors in the administration of medication; and

(f) Address errors in the administration of medication.

2. The Administrator shall ensure that each employee who comes into direct contact with a child at any treatment facility and any other division facility into which a child may be committed by a court order and who will administer medication to a child receives a copy of and understands the policy adopted pursuant to subsection 1.

(Added to NRS by 2011, 1362)

1. Comply with any agreements made by the Administrator of the Division of Public and Behavioral Health of the Department pursuant to NRS 433.444 and, if applicable, the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543; and

2. Accept for admission to a division facility any resident child of this State for whom written permission for return and admission to a division facility was given by the Administrator of the Division of Public and Behavioral Health of the Department pursuant to NRS 433.444 and, if applicable, the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543.

(Added to NRS by 1993, 2712; A 1999, 103; 2015, 1037)

PERSONNEL

NRS 433B.150 Physicians: Employment; qualifications; compensation; duties.

1. The Division shall employ such physicians within the various division facilities as are necessary for the operation of the facilities. The physicians must hold degrees of doctor of medicine or doctor of osteopathic medicine from accredited medical schools and be licensed to practice medicine or osteopathic medicine in Nevada.

2. Except as otherwise provided by law, the only compensation allowed such a physician is an annual salary, 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 1993, 2710; A 2011, 432; 2013, 3015)

NRS 433B.160 Licensing or certification of certain employees of Division.

1. A 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.

2. Any psychiatrist who is employed by the Division must be certified by the American Board of Psychiatry and Neurology within 5 years after his or her first date of employment with the Division. The Administrator shall terminate the employment of any psychiatrist who fails to receive that certification.

(Added to NRS by 1993, 2710; A 2007, 3088)

NRS 433B.170 Proficiency in English language required of certain employees. The Administrator shall not employ any psychiatrist, psychologist, social worker, registered nurse, clinical professional counselor or marriage and family therapist who is unable to demonstrate proficiency in the oral and written expression of the English language.

(Added to NRS by 1993, 2710; A 2007, 3088)

NRS 433B.175 Administrator required to ensure training of employees who have direct contact with children; regulations.

1. The Administrator shall ensure that each employee who comes into direct contact with children at any treatment facility and any other division facility into which a child may be committed by a court order receives training within 90 days after employment and annually thereafter. Such training must be approved by the Division and include, without limitation, instruction concerning:

(a) Controlling the behavior of children;

(b) Policies and procedures concerning the use of force and restraint on children;

(d) Suicide awareness and prevention;

(e) The administration of medication to children;

(f) Applicable state and federal constitutional and statutory rights of children in the facility;

(g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the facility;

(h) Working with gay, lesbian, bisexual, transgender and questioning children; and

(i) Such other matters as required by the Board.

2. The Division shall adopt regulations necessary to carry out the provisions of this section.

(Added to NRS by 2007, 1194; A 2017, 31)

NRS 433B.183 Division facility required to conduct investigations of employees; submission of fingerprints; limitation on contact with children.

1. A division facility which provides residential treatment to children shall secure from appropriate law enforcement agencies information on the background and personal history of each employee of the facility to determine:

(a) Whether the employee has been convicted of:

(1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

(2) Any other felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

(3) Assault with intent to kill or to commit sexual assault or mayhem;

(4) Battery which results in substantial bodily harm to the victim;

(5) Battery that constitutes domestic violence that is punishable as a felony;

(6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

(7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure, an offense involving pornography and a minor or any other sexually related crime;

(8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive, other than a violation of NRS 201.354 by engaging in prostitution;

(9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083;

(10) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS within the immediately preceding 3 years;

(11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

(12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

(13) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

(14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

(b) Whether there are criminal charges pending against the employee for a crime listed in paragraph (a).

2. An employee must submit to the Division a complete set of fingerprints and written authorization 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.

3. The Division may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted.

4. The Division may charge an employee investigated pursuant to this section for the reasonable cost of that investigation.

5. When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the Division for a determination of whether the employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

6. An employee who is required to submit to an investigation required pursuant to this section shall not have contact with a child in a division facility without supervision before the investigation of the background and personal history of the employee has been conducted.

7. The division facility shall conduct an investigation of each employee pursuant to this section at least once every 5 years after the initial investigation.

8. For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 begins when the employee is arrested for such a crime and ends when:

(a) A determination is made as to the guilt or innocence of the employee with regard to such a crime at a trial or by a plea; or

(b) The prosecuting attorney makes a determination to:

(1) Decline charging the employee with a crime listed in paragraph (a) of subsection 1; or

(2) Proceed with charges against the employee for only one or more crimes not listed in paragraph (a) of subsection 1.

(Added to NRS by 2011, 3554; A 2015, 838; 2021, 3478)

1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 433B.183 or evidence from any other source that an employee of a division facility that provides residential treatment for children:

(a) Has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 433B.183, the administrative officer may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or

(b) Except as otherwise provided in subsection 4, has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183, the administrative officer shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2.

2. If an employee believes that the information provided to the division facility pursuant to subsection 1 is incorrect, the employee must inform the division facility immediately. A division facility that is so informed shall give the employee 30 days to correct the information.

3. During the period in which an employee seeks to correct information pursuant to subsection 2, it is within the discretion of the administrative officer whether to allow the employee to continue to work for the division facility, except that the employee shall not have contact with a child in the division facility without supervision during such period.

4. Except as otherwise provided in subsection 5, a division facility that provides residential treatment for children may waive the requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 if the division facility adopts and applies an objective weighing test in accordance with this subsection. The objective weighing test must include factors the division facility will consider when making a determination as to whether to waive such a requirement, including, without limitation:

(a) The age, maturity and capacity of the employee at the time of his or her conviction;

(b) The length of time since the employee committed the crime;

(d) The relevance of the crime to the position in which the employee is employed.

5. The requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 may not be waived through the use of the objective weighing test if:

(a) The crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed; or

(b) The information concerning the conviction was obtained pursuant to a second or subsequent background investigation concerning the employee that is conducted by the division facility.

6. A division facility that provides residential treatment for children shall, with regard to each employee to whom the division facility applies the objective weighing test pursuant to subsection 4:

(a) Track the age, race and ethnicity of the employee, the position in which the employee is employed and the determination made by the division facility; and

(b) Review such data not less than once every 2 years to determine the efficacy of the objective weighing test and whether the data indicates the presence of any implicit bias.

7. The determination made by a division facility that provides residential treatment for children with regard to an employee to whom the division facility applies the objective weighing test is final.

8. For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 begins and ends as set forth in subsection 8 of that section.

(Added to NRS by 2011, 3555; A 2021, 2633, 3480)

NRS 433B.187 Maintenance of record of investigation and fingerprints.

1. The Division shall maintain accurate records of the information concerning an employee of a division facility collected pursuant to NRS 433B.183 and 433B.185 for the period of the employee’s employment with a division facility, including, without limitation:

(a) A copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History and a copy of the written authorization that was provided by the employee;

(b) Proof that the fingerprints of the employee were submitted to the Central Repository for submission to the Federal Bureau of Investigation for its report; and

2. The records maintained pursuant to subsection 1 must be maintained for the period of the employee’s employment with the division facility.

(Added to NRS by 2011, 3555)

CARE OF CONSUMERS

Miscellaneous Provisions

NRS 433B.190 Adoption of regulations concerning abuse and neglect of consumers.

1. The Division shall adopt regulations to:

(a) Provide for a more detailed definition of abuse of a consumer, consistent with the general definition given in NRS 433B.340;

(b) Provide for a more detailed definition of neglect of a consumer, consistent with the general definition given in NRS 433B.340; and

2. The regulations adopted pursuant to this section must, to the extent possible and appropriate, be consistent with the regulations adopted by the Division of Public and Behavioral Health of the Department pursuant to NRS 433.331 and the Administrator of the Division of Aging and Disability Services of the Department pursuant to NRS 435.435.

(Added to NRS by 1993, 2710; A 1999, 103; 2011, 432; 2013, 3015; 2015, 56)

NRS 433B.200 Division facility required to forward consumer’s medical records upon transfer of consumer from facility.

1. If a consumer in a division facility is transferred to another division facility or to a medical facility, a facility for the dependent or a physician licensed to practice medicine, the division facility shall forward a copy of the medical records of the consumer, on or before the date the consumer is transferred, to the facility or physician. Except as otherwise required by 42 U.S.C. § 290dd-2, the division facility is not required to obtain the oral or written consent of the consumer to forward a copy of the medical records.

2. As used in this section, “medical records” includes a medical history of the consumer, a summary of the current physical condition of the consumer and a discharge summary which contains the information necessary for the proper treatment of the consumer.

(Added to NRS by 1993, 2710; A 1995, 721; 2011, 433)

NRS 433B.205 Notification of death of consumer; burial.

1. Upon the death of a consumer in a division facility, any known relatives or friends of the consumer must be notified immediately of the fact of death.

2. The Administrator or the Administrator’s designee shall cause a decent burial to be provided for the consumer outside the grounds of a division facility. The Administrator or the designee may enter into a contract with any person or persons, including governmental agencies or other instrumentalities, as the Administrator or the designee deems proper, for a decent burial. Where there are known relatives, and they are financially able, the cost of burial must be borne by the relatives. Where there are no known relatives, the cost of burial is a charge against the State of Nevada, except that the cost must not exceed the amount charged for the burial of indigents in the county in which the burial takes place.

(Added to NRS by 1993, 2712; A 2011, 433)—(Substituted in revision for NRS 433B.280)

Contracts

NRS 433B.210 Contracts for inpatient and outpatient care. The Division may:

1. By contract with hospitals or other institutions having adequate facilities in this State, provide for inpatient care of consumers with mental illness.

2. Contract with appropriate persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for children with mental illness when it appears that they can be treated best in that manner.

(Added to NRS by 1993, 2711; A 2011, 433; 2019, 2646)

NRS 433B.220 Contracts for cooperation with governmental agencies and others; effect of payments to Division for such cooperation; immunity from and limitations on liability not waived.

1. For the purposes of this chapter, the Department through the Division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual or a group of individuals. Such a contract or agreement may include provisions whereby the Division will provide staff, services or other resources, or any combination thereof, without payment, to further the purposes of the contract or agreement. If the contract or agreement includes a provision whereby the Division is paid for the provision of staff, services or other resources, the payment will be reimbursed directly to the Division’s budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency or political subdivision of any responsibility or liability existing under any provision of law.

2. If the Administrator or the Administrator’s designee enters into a contract or agreement pursuant to subsection 1 with a private nonprofit corporation, the contract or agreement may allow:

(a) The Division to enter and inspect any premises which are related to services provided under the contract or agreement and to inspect any records which are related to services provided under the contract or agreement to ensure the welfare of any consumer served by the private nonprofit corporation under the contract or agreement;

(b) The Division and the private nonprofit corporation to share confidential information concerning any consumer served by the private nonprofit corporation under the contract or agreement; and

(c) The private nonprofit corporation to assign rights and obligations of the private nonprofit corporation under the contract or agreement to the Division.

3. The State, Department and Division do not waive any immunity from liability or limitation on liability provided by law by entering into a contract or agreement pursuant to this section and any such contract or agreement must include a provision to that effect.

(Added to NRS by 1993, 2711; A 2013, 314)

Costs, Fees and Accounts

NRS 433B.230 State not responsible for payment of costs of care and treatment at other facility; exception. The State is not responsible for payment of the costs of care and treatment of children admitted to a facility not operated by the Division except as otherwise provided in NRS 433.374 or where, before admission, the Administrator or the Administrator’s designee authorizes the expenditure of state money for that purpose.

(Added to NRS by 1993, 2711)

NRS 433B.240 Legislative appropriations; payment of claims. Money to carry out the provisions of this chapter must be provided by legislative appropriation from the State General Fund, and paid out on claims as other claims against the State are paid. All claims relating to a division facility individually must be approved by the administrative officer of the facility before they are paid.

(Added to NRS by 1993, 2711)

NRS 433B.250 Schedule of fees for services rendered through programs supported by State; disposition of receipts; amount of fee for services of facility.

1. The Division shall establish a fee schedule for services rendered through any program supported by the State pursuant to the provisions of this chapter. The schedule must be submitted to the Commission and the Director of the Department for joint approval before enforcement. The fees collected by facilities operated by the Division pursuant to this schedule must be deposited in the State Treasury to the credit of the State General Fund, except as otherwise provided in NRS 433B.220 for fees collected pursuant to contract or agreement.

2. For a facility providing services for the treatment of children with mental illness, the fee established must approximate the cost of providing the service, but if a consumer, or the parent or legal guardian of the consumer, is unable to pay in full the fee established pursuant to this section, the Division may collect any amount the consumer, parent or legal guardian is able to pay.

(Added to NRS by 1993, 2711; A 2011, 433)

NRS 433B.260 Fees of physicians and other professionally qualified employees of facility.

1. Physicians and other professional staff employed within any division facility must receive a reasonable fee for evaluations, examinations or court testimony when directed by the court to perform those services, singularly or as a member of an evaluation team established pursuant to chapter 433A of NRS.

2. If the evaluation or testimony is provided while the physician or other professional person is acting as an employee of a division facility, the fee must be received by the division facility at which he or she is employed.

(Added to NRS by 1993, 2711)

NRS 433B.270 Revolving accounts. A revolving account of not more than $5,000 is hereby created for each division facility. Money in the respective revolving accounts may be expended only for the payment of bills of the respective division facilities requiring immediate payment. The respective administrative officers shall deposit the money for the respective revolving accounts in one or more banks or credit unions of reputable standing. Payments made from each account must be promptly reimbursed from appropriated money of the respective division facilities on claims as other claims against the State are paid.

(Added to NRS by 1993, 2712; A 1999, 1497)

Children With Emotional Disturbance

NRS 433B.290 Provision of treatment; operation of treatment facilities; regulations; coordination of activities.

1. The Division may:

(a) Provide treatment for children with emotional disturbance at any division facility.

(b) Operate treatment facilities specifically for the purpose of providing treatment for children with emotional disturbance.

2. Each administrative officer of a treatment facility, subject to the approval of the Administrator, shall establish regulations for the operation of the facility and coordinate the activities of the facility with those of public and private children’s service agencies in the State.

(Added to NRS by 1993, 2712)

NRS 433B.300 Requirements for treatment provided. The treatment provided to a child with an emotional disturbance must be designed to facilitate the adjustment and effective functioning of that child in his or her present or anticipated situation in life, and includes:

1. Services provided without admission to a facility, such as:

(a) Counseling for the family;

(b) Therapy in a group for parents and children;

(d) Individual therapy for children; and

(e) Evaluation of the child, including personal assessments and studies of individual social environments;

2. Services for the care of children during the day, involving educational programs and therapy programs provided after school or for half a day;

3. Placement in transitional homes operated by professionally trained parents working in close consultation with the administrative officer and the staff of the administrative officer;

4. Short-term residential services providing 24-hour supervision, evaluation and planning and intensive counseling for the family, therapy and educational evaluation and consultation; and

5. A plan for the continued education of the child if the child is admitted to a psychiatric hospital or a facility which provides residential treatment for mental illness, as applicable, developed pursuant to NRS 432B.60847, and the communication and coordination of that plan with the school district and the agency which provides child welfare services.

(Added to NRS by 1993, 2712; A 2021, 3162)

NRS 433B.310 Conditions for admission for treatment. The Administrator may receive any child with an emotional disturbance for treatment in a treatment facility or any other division facility if the child is a resident of this State and if:

1. The child is committed by court order to the custody of the Administrator or to a division facility; or

2. The child’s parent, parents or legal guardian makes application for treatment for the child.

(Added to NRS by 1993, 2713)

NRS 433B.320 Approval of court-ordered commitment; approval before release; exception.

1. In any case involving commitment by court order, except a case where commitment was ordered by a juvenile court pursuant to NRS 62D.180 or 62D.185, admission to a treatment facility may be only after consultation with and approval by the administrative officer of the facility or the administrative officer’s designee, who shall determine whether the treatment available at the facility is appropriate or necessary for the child’s health and welfare.

2. In a case where commitment to a treatment facility was ordered by a juvenile court pursuant to NRS 62D.180 or 62D.185, if the administrative officer of the facility or the administrative officer’s designee has determined that the treatment available at the facility is not appropriate or necessary for the child’s health and welfare and for the protection of the community, the administrative officer or the administrative officer’s designee shall assist the court with identifying a facility that has the appropriate or necessary treatment.

3. Except in a case where commitment was ordered by a juvenile court pursuant to NRS 62D.180 or 62D.185, a child committed by court order must not be released from a treatment facility until the administrative officer determines that treatment in the facility is no longer beneficial to the child.

(Added to NRS by 1993, 2713; A 2021, 2558)

1. A treatment facility and any other division facility into which a child may be committed by a court order shall treat each child committed to the facility by a court order in all respects in accordance with the child’s gender identity or expression and the regulations adopted by the Division of Child and Family Services pursuant to subsection 2.

2. The Division of Child and Family Services of the Department shall adopt regulations establishing factors for a court to consider before committing a child to a treatment facility or other division facility and protocols for such a facility to follow when placing a child within the facility to ensure that each child who is so committed is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:

(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities, mental health facilities and receiving centers or who have resided in such settings;

(b) Representatives of each agency which provides child welfare services in this State;

(d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;

(e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;

(f) Representatives of juvenile courts and family courts;

(g) Advocates of children; and

(h) Any other person deemed appropriate by the Division.

3. A court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before committing a child to a treatment facility or other division facility.

4. A treatment facility or other division facility to which a child is committed by a court order shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the facility.

5. As used in this section:

(a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

(b) “Child care facility” has the meaning ascribed to it in NRS 432A.024.

(d) “Gender identity or expression” has the meaning ascribed to it in NRS 424.0145.

(e) “Receiving center” has the meaning ascribed to it in NRS 424.0175.

(Added to NRS by 2017, 30; A 2021, 2655)

NRS 433B.330 Approval of admission upon application by parent or guardian. In any case involving an application from the child’s parent, parents or legal guardian, the child must first be examined and evaluated by the administrative officer or the staff of the administrative officer and admitted to a treatment facility only if, in the judgment of the administrative officer:

1. The child can benefit from the program of treatment; and

2. Facilities and staff are available and adequate to meet the child’s needs.

(Added to NRS by 1993, 2713)

NRS 433B.331 Consultation with treating provider of health care when admitting to inpatient psychiatric treatment facility; coordination of care.

1. When admitting a child with an emotional disturbance who is subject to the jurisdiction of a juvenile court pursuant to chapter 432B of NRS to a public or private inpatient psychiatric treatment facility, the administrative officer of the facility or the staff of the administrative officer shall ask the person or entity having legal custody of the child if the child has a treating provider of health care. If the child has a treating provider of health care, the administrative officer or the staff of the administrative officer must make a reasonable effort to contact the treating provider of health care.

2. If the administrative officer of a public or private inpatient psychiatric treatment facility or the staff of the administrative officer is able to contact the treating provider of health care pursuant to subsection 1, the administrative officer or staff must make a reasonable effort to consult with and consider any input from the treating provider of health care concerning the care to be provided to the child, including, without limitation, the admission of the child.

3. If a child is admitted to a public or private inpatient psychiatric treatment facility, the administrative officer of the facility or the staff of the administrative officer must:

(a) Ask the person or entity having legal custody of the child for consent and make a reasonable attempt to obtain the consent of the child to allow the facility to coordinate the care of the child with the treating provider of health care on an ongoing basis; and

(b) Make a reasonable attempt to coordinate with all treating providers of health care of the child concerning a plan to discharge the child from the facility.

4. Failure of a person or entity having legal custody of a child or a child to provide consent pursuant to paragraph (a) of subsection 3 must not prevent a facility from coordinating the care of the child with the treating provider of health care of the child on an ongoing basis when necessary to protect or improve the health or welfare of the child.

5. As used in this section, “treating provider of health care” means, with respect to any child, a physician, a physician assistant who practices under the supervision of a psychiatrist, an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 or a psychologist who regularly provides mental or behavioral health treatment to the child.

(Added to NRS by 2021, 235)

NRS 433B.333 Establishment of mental health consortia; members.

1. A mental health consortium is hereby established in each of the following jurisdictions:

(a) A county whose population is 100,000 or more; and

(b) The region consisting of all counties whose population are less than 100,000.

2. In a county whose population is 100,000 or more, such a consortium must consist of at least the following persons appointed by the Administrator:

(a) A representative of the Division;

(b) A representative of the agency which provides child welfare services;

(d) A representative of the board of trustees of the school district in the county;

(e) A representative of the local juvenile probation department;

(f) A representative of the local chamber of commerce or business community;

(g) A private provider of mental health care;

(h) A provider of foster care;

(i) A parent of a child with an emotional disturbance; and

(j) A representative of an agency which provides services for the treatment and prevention of substance use disorders.

3. In the region consisting of counties whose population are less than 100,000, such a consortium must consist of at least the following persons appointed by the Administrator:

(a) A representative of the Division of Public and Behavioral Health of the Department;

(b) A representative of the agency which provides child welfare services in the region;

(d) A representative of the boards of trustees of the school districts in the region;

(e) A representative of the local juvenile probation departments;

(f) A representative of the chambers of commerce or business community in the region;

(g) A private provider of mental health care;

(h) A provider of foster care;

(i) A parent of a child with an emotional disturbance; and

(j) A representative of an agency which provides services for the treatment and prevention of substance use disorders.

(Added to NRS by 2001 Special Session, 52; A 2009, 675)

1. Each mental health consortium established pursuant to NRS 433B.333 shall prepare and submit to the Director of the Department a long-term strategic plan for the provision of mental health services to children with emotional disturbance in the jurisdiction of the consortium. A plan submitted pursuant to this section is valid for 10 years after the date of submission, and each consortium shall submit a new plan upon its expiration.

2. In preparing the long-term strategic plan pursuant to subsection 1, each mental health consortium must be guided by the following principles:

(a) The system of mental health services set forth in the plan should be centered on children with emotional disturbance and their families, with the needs and strengths of those children and their families dictating the types and mix of services provided.

(b) The families of children with emotional disturbance, including, without limitation, foster parents, should be active participants in all aspects of planning, selecting and delivering mental health services at the local level.

(c) The system of mental health services should be community-based and flexible, with accountability and the focus of the services at the local level.

(d) The system of mental health services should provide timely access to a comprehensive array of cost-effective mental health services.

(e) Children and their families who are in need of mental health services should be identified as early as possible through screening, assessment processes, treatment and systems of support.

(f) Comprehensive mental health services should be made available in the least restrictive but clinically appropriate environment.

(g) The family of a child with an emotional disturbance should be eligible to receive mental health services from the system.

(h) Mental health services should be provided to children with emotional disturbance in a sensitive manner that is responsive to cultural and gender-based differences and the special needs of the children.

3. The long-term strategic plan prepared pursuant to subsection 1 must include:

(a) An assessment of the need for mental health services in the jurisdiction of the consortium;

(b) The long-term strategies and goals of the consortium for providing mental health services to children with emotional disturbance within the jurisdiction of the consortium;

(c) A description of the types of services to be offered to children with emotional disturbance within the jurisdiction of the consortium;

(d) Criteria for eligibility for those services;

(e) A description of the manner in which those services may be obtained by eligible children;

(f) The manner in which the costs for those services will be allocated;

(g) The mechanisms to manage the money provided for those services;

(h) Documentation of the number of children with emotional disturbance who are not currently being provided services, the costs to provide services to those children, the obstacles to providing services to those children and recommendations for removing those obstacles;

(i) Methods for obtaining additional money and services for children with emotional disturbance from private and public entities; and

(j) The manner in which family members of eligible children and other persons may be involved in the treatment of the children.

4. On or before January 31 of each even-numbered year, each mental health consortium shall submit to the Director of the Department and the Commission:

(a) A list of the priorities of services necessary to implement the long-term strategic plan submitted pursuant to subsection 1 and an itemized list of the costs to provide those services;

(b) A description of any revisions to the long-term strategic plan adopted by the consortium during the immediately preceding year; and

5. In preparing the biennial budget request for the Department, the Director of the Department shall consider the list of priorities and any request for an allocation submitted pursuant to subsection 4 by each mental health consortium. On or before September 30 of each even-numbered year, the Director of the Department shall submit to each mental health consortium a report which includes a description of:

(a) Each item on the list of priorities of the consortium that was included in the biennial budget request for the Department;

(b) Each item on the list of priorities of the consortium that was not included in the biennial budget request for the Department and an explanation for the exclusion; and

(c) Any request for an allocation for administrative expenses of the consortium that was included in the biennial budget request for the Department.

6. On or before January 31 of each odd-numbered year, each consortium shall submit to the Director of the Department and the Commission:

(a) A report regarding the status of the long-term strategic plan submitted pursuant to subsection 1, including, without limitation, the status of the strategies, goals and services included in the plan;

(b) A description of any revisions to the long-term strategic plan adopted by the consortium during the immediately preceding year; and

(Added to NRS by 2001 Special Session, 52; A 2001 Special Session, 55; 2003, 236, 357, 358; 2009, 664, 676; 2011, 1914)

NRS 433B.337 Authority of mental health consortium to carry out certain activities concerning long-term strategic plan; coordination with Department.

1. A mental health consortium established by NRS 433B.333 may:

(a) Participate in activities within the jurisdiction of the consortium to:

(1) Implement the provisions of the long-term strategic plan established by the consortium pursuant to NRS 433B.335; and

(2) Improve the provision of mental health services to children with emotional disturbance and their families, including, without limitation, advertising the availability of mental health services and carrying out a demonstration project relating to mental health services.

(b) Take other action to carry out its duties set forth in this section and NRS 433B.335 and 433B.339.

2. To the extent practicable, a mental health consortium shall coordinate with the Department to avoid duplicating or contradicting the efforts of the Department to provide mental health services to children with emotional disturbance and their families.

(Added to NRS by 2011, 1913)

NRS 433B.339 Authority of mental health consortium to enter into contracts and accept gifts, grants and donations; establishment and administration of account for money of consortium.

1. A mental health consortium established by NRS 433B.333 may:

(a) Enter into contracts and agreements to carry out the provisions of this section and NRS 433B.335 and 433B.337; and

(b) Apply for and accept gifts, grants, donations and bequests from any source to carry out the provisions of this section and NRS 433B.335 and 433B.337.

2. Any money collected pursuant to subsection 1:

(a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and

(b) Except as otherwise provided by the terms of a specific gift, grant, donation or bequest, must only be expended, under the direction of the consortium which deposited the money, to carry out the provisions of this section and NRS 433B.335 and 433B.337.

3. The Administrator shall administer the account maintained for each consortium.

4. Any interest or income earned on the money in an account maintained pursuant to this section must be credited to the account and does not revert to the State General Fund at the end of a fiscal year.

5. Any claims against an account maintained pursuant to this section must be paid as other claims against the State are paid.

(Added to NRS by 2011, 1914)

Program to Prevent Certain Children From Being Relinquished to or Placed With Certain Institutions or Agencies

NRS 433B.3392 “Agency which provides child welfare services” defined. As used in NRS 433B.3392 to 433B.3398, inclusive, unless the context otherwise requires, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

(Added to NRS by 2019, 872)

NRS 433B.3393 Establishment of task force to develop program; membership of task force; members serve without compensation; members employed by State or political subdivision.

1. The Director of the Department of Health and Human Services shall establish a task force to develop a program to prevent the relinquishment of custody of children who are not abused or neglected to an agency which provides child welfare services or the voluntary placement of such children with a public or private institution or agency pursuant to NRS 432B.360 solely to allow the children to receive services to address a mental illness or emotional disturbance. The Director shall appoint to the task force representatives of:

(a) The Division of Child and Family Services of the Department;

(b) The Aging and Disability Services Division of the Department;

(d) The Division of Health Care Financing and Policy of the Department.

2. In addition to the members appointed pursuant to subsection 1:

(a) The Superintendent of Public Instruction shall appoint to the task force one representative of the Department of Education; and

(b) The person in charge of each agency which provides child welfare services in a county whose population is 100,000 or more shall appoint to the task force one representative of the agency.

3. Each member of the task force serves without additional compensation and is not entitled to the per diem allowance and travel expenses provided for state officers and employees generally.

4. Each member of the task force who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the officer or employee may prepare for and attend meetings of the task force and perform any work necessary to carry out the duties of the task force in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the task force to make up the time the officer or employee is absent from work to carry out duties as a member of the task force or use annual vacation or compensatory time for the absence.

(Added to NRS by 2019, 872)

NRS 433B.3394 Duties of task force; duty of Department to adopt regulations.

1. The task force shall:

(a) Prescribe procedures for conducting the review by a clinical team appointed pursuant to NRS 433B.3396 and the arrangement of the provision of services pursuant to that section;

(b) Develop and carry out procedures to increase the availability of the services described in subsection 3 of NRS 433B.3396 throughout this State to allow children to receive those services in or near their homes;

(c) Provide for outreach to and the education of parents and providers of mental health services concerning the services available through the program developed pursuant to NRS 433B.3393; and

(d) Make recommendations to the Department concerning the adoption of any regulations necessary to carry out the provisions of NRS 433B.3392 to 433B.3398, inclusive.

2. The Department of Health and Human Services shall adopt any regulations necessary to carry out the provisions of NRS 433B.3392 to 433B.3398, inclusive, including, without limitation, regulations that set forth the manner in which the cost of providing services pursuant to NRS 433B.3396 will be paid. Those regulations must require the parent or guardian of a child to whom services are provided to use any insurance and otherwise contribute to the cost of such services to the extent of his or her ability.

(Added to NRS by 2019, 872)

NRS 433B.3396 Director of Department to appoint clinical teams; duties of clinical teams. As part of the program established pursuant to NRS 433B.3393, the Director of the Department shall appoint one or more clinical teams to:

1. Review each case of a child who:

(a) Has been admitted to a hospital or mental health facility;

(b) Has not been subject to abuse or neglect; and

(c) Is at risk of the relinquishment of custody to an agency which provides child welfare services or the voluntary placement with a public or private institution or agency pursuant to NRS 432B.360 solely to allow the child to receive services for a mental illness or emotional disturbance.

2. Develop a plan of care for each child described in subsection 1 that outlines the services necessary to treat the mental illness or emotional disturbance of the child and prevent the relinquishment of custody or the voluntary placement of the child.

3. Arrange for the provision of:

(a) Services necessary to stabilize the mental and physical health of the child for not more than 90 days while the plan of care is being developed. Such services may include, without limitation, intensive community-based services or placement in a residential facility.

(b) The services prescribed in the plan of care developed pursuant to subsection 2.

(Added to NRS by 2019, 873)

NRS 433B.3398 Annual report to Department by each agency which provides child welfare services; annual report to Legislature by Department.

1. On or before January 15 of each year, each agency which provides child welfare services in this State shall report to the Department:

(a) The number of children who were relinquished to the agency or voluntarily placed with the agency pursuant to NRS 432B.360 during the immediately preceding year because the children needed services for a mental illness or emotional disturbance; and

(b) Information prescribed by regulation of the Department concerning the length of time the services were provided to such children and the status of the children upon the termination of services.

2. On or before February 15 of each year, the Department shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report which includes, for the immediately preceding calendar year:

(a) A summary of the information reported to the Department pursuant to subsection 1;

(b) The number of children who received services pursuant to NRS 433B.3396 and the services that were provided;

(c) The number of children described in paragraph (b) who were relinquished to the agency which provides child welfare services or voluntarily placed with the agency which provides child welfare services pursuant to NRS 432B.360 despite the services provided to those children; and

(d) Information concerning the length of time that services to stabilize a child were provided pursuant to subsection 3 of NRS 433B.3396.

(Added to NRS by 2019, 873)

Prohibited Acts

NRS 433B.340 Abuse of consumer; failure to report abuse; possession or use of intoxicating beverage or controlled substance; transaction with consumer; aiding escape of consumer; penalties.

1. An employee of the Division or other person who:

(a) Has reason to believe that a consumer has been or is being abused or neglected and fails to report it;

(b) Brings intoxicating beverages or a controlled substance into any building occupied by consumers unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

(c) Is under the influence of liquor or a controlled substance while employed in contact with consumers, unless in accordance with a lawfully issued prescription;

(d) Enters into any transaction with a consumer involving the transfer of money or property for personal use or gain at the expense of the consumer; or

(e) Contrives the escape, elopement or absence of a consumer,

Ê is guilty of a misdemeanor.

2. An employee of the Division or other person who willfully abuses or neglects any consumer:

(a) If no substantial bodily harm to the consumer results, is guilty of a gross misdemeanor.

(b) If substantial bodily harm to the consumer results, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

3. A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he or she is an officer or employee of the State, the person forfeits his or her office or position.

4. For the purposes of this section:

(a) “Abuse” means any willful or reckless act or omission to act which causes physical or mental injury to a consumer, including, but not limited to:

(1) The rape, sexual assault or sexual exploitation of the consumer;

(2) Striking the consumer;

(3) The use of excessive force when placing the consumer in physical restraints; and

(4) The use of physical or chemical restraints in violation of state or federal law.

Ê Any act or omission to act which meets the standard practice for care and treatment does not constitute abuse.

(b) “Neglect” means any act or omission to act which causes injury to a consumer or which places the consumer at risk of injury, including, but not limited to, the failure to:

(1) Establish or carry out an appropriate plan of treatment for the consumer;

(2) Provide the consumer with adequate nutrition, clothing or health care; and

(3) Provide a safe environment for the consumer.

Ê Any act or omission to act which meets the standard practice for care and treatment does not constitute neglect.

(Added to NRS by 1993, 2713; A 1995, 687, 1277, 1716; 1997, 544; 2011, 434)