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Nevada Revised Statutes Title 38. Public Welfare § 432B.60814. Petition: Filing; certificate or statement of alleged emotional disturbance; opposition

Current as of January 01, 2025 | Updated by Findlaw Staff

1. An agency which provides child welfare services shall not place a child in the custody of the agency in a facility for the purpose of receiving nonemergency mental health treatment unless the agency has petitioned the court for the placement and the court has ordered the placement, or except as provided in NRS 432B.60811 to 432B.60819, inclusive.

2. A proceeding for the admission of a child alleged to be a child with an emotional disturbance who is in the custody of an agency which provides child welfare services to a facility for nonemergency mental health treatment may be commenced by the filing of a petition with the court which has jurisdiction in proceedings concerning the child. The petition may be filed by the agency which provides child welfare services without the consent of a parent of the child. The petition must be accompanied:

(a) By a certificate of a physician, a psychiatrist, a psychologist or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 stating that the physician, psychiatrist, psychologist or advanced practice registered nurse has examined the child alleged to be a child with an emotional disturbance and has concluded that the child:

(1) Is a child with an emotional disturbance and, because of that condition, presents a substantial likelihood of serious harm to himself or herself or others if allowed liberty; and

(2) Cannot be safely and effectively treated in a less restrictive environment that is appropriate for the child; or

(b) By a sworn written statement by the petitioner that:

(1) The petitioner has, based upon personal observation of the child alleged to be a child with an emotional disturbance, probable cause to believe that the child:

(I) Is a child with an emotional disturbance and, because of that condition, presents a substantial likelihood of serious harm to himself or herself or others if allowed liberty; and

(II) Cannot be safely and effectively treated in a less restrictive environment that is appropriate for the child; and

(2) The child alleged to be a child with an emotional disturbance has refused to submit to examination or treatment by a person described in paragraph (a).

3. A child who is the subject of a petition filed pursuant to this section or the parent or guardian of such a child may oppose the petition:

(a) Orally at a hearing on the petition; or

(b) By filing a written opposition with the court.

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Cite this article: FindLaw.com - Nevada Revised Statutes Title 38. Public Welfare § 432B.60814. Petition: Filing; certificate or statement of alleged emotional disturbance; opposition - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-38-public-welfare/nv-rev-st-432b-60814/

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