Upon the filing of a petition that a child is in need of protection, existing law requires the appointment of a guardian ad litem to represent and protect the best interests of the child during the child welfare proceedings. (NRS 432B.500) Sections 32 and 33 of this bill prescribe a procedure for the appointment of a guardian ad litem to represent the best interests of a parent or other person responsible for the welfare of a child who is incapacitated during a child welfare proceeding. Section 34 of this bill requires a guardian ad litem appointed for a parent or other person responsible for the welfare of a child to act in the best interests of the parent or other person after considering the wishes of the parent or other person. Section 34 additionally: (1) provides that communications between a parent or other person responsible for the welfare of a child and his or her guardian ad litem are privileged; and (2) prohibits a guardian ad litem from taking any action to relinquish parental rights, effectuate a termination of parental rights or consent to a specific adoption on behalf of the person for whom the guardian ad litem is appointed. In general, existing law provides that information maintained by an agency which provides child welfare services is confidential and may only be disclosed under certain circumstances. (NRS 432B.290) Section 46 of this bill authorizes the disclosure of information maintained by an agency which provides child welfare services to the legal guardian of a child appointed pursuant to section 32 under certain circumstances. Existing law authorizes the placement of a child who is in need of protection in the protective custody of an agency which provides child welfare services under certain circumstances. (NRS 432B.390) If a court finds that such a child is in need of protection, existing law authorizes the court to place the child with certain entities, including a public agency or institution authorized to care for children. (NRS 432B.550) Existing law prescribes procedures governing the placement of a child who is in need of protection and requires such placement to be reviewed semiannually. (NRS 432B.450, 432B.580) Existing law also requires a court overseeing proceedings concerning such a child to hold an annual hearing concerning the permanent placement of the child. (NRS 432B.590) Existing federal law defines “qualified residential treatment program” to mean a program that: (1) provides trauma-informed treatment of children with serious emotional or behavioral disorders or disturbances; (2) has clinical staff available 24 hours a day and 7 days a week; and (3) meets certain other requirements. (42 U.S.C. § 672(k)(4)) Section 31 of this bill adopts that federal definition, and section 43 of this bill makes a conforming change to indicate the proper placement of section 31 in the Nevada Revised Statutes. Section 52 of this bill makes a conforming change to remove a definition of the term “qualified residential treatment program” that duplicates the definition prescribed in section 31. Sections 35, 50 and 51 of this bill require a court to review the appropriateness of the placement of a child who is in the custody of an agency which provides child welfare services in a qualified residential treatment program: (1) not later than 60 days after the beginning of the placement; (2) as part of each semiannual review concerning the temporary placement of the child; and (3) at each annual hearing concerning the permanent placement of the child. Sections 20, 45, 47 and 49 of this bill make conforming changes to indicate the proper placement of sections 32-35 in the Nevada Revised Statutes. Existing law prescribes the procedure for: (1) placing a person who is in a mental health crisis on a mental health crisis hold for assessment, evaluation, intervention and treatment at a hospital or mental health facility; (2) the emergency admission of such a person to a mental health facility; and (3) the involuntary court-ordered admission of such a person to a mental health facility or assisted outpatient treatment. (NRS 433A.145-433A.345) Existing law prescribes a separate procedure for the involuntary court-ordered admission of a child with an emotional disturbance who is in the custody of an agency which provides child welfare services to certain psychiatric facilities. (NRS 432B.607-432B.6085) Sections 37-40 and 54-57 of this bill revise the latter procedure to provide separate procedures for: (1) the involuntary court-ordered admission of such a child for nonemergency mental health treatment; and (2) the continuation of the emergency admission of such a child for longer than 5 days. Sections 37, 39, 54 and 56 of this bill authorize a physician, a psychiatrist, a psychologist or an advanced practice registered nurse who possesses certain training to conduct certain examinations in the course of those procedures. Section 70 of this bill makes conforming changes to indicate the applicability of the training requirements for an advanced practice registered nurse. Sections 38 and 55 of this bill authorize the court to order the nonemergency admission or continued emergency admission, respectively, of a child with an emotional disturbance who is in the custody of an agency which provides child welfare services if the court finds by clear and convincing evidence that the child presents a substantial likelihood of serious harm to himself or herself or others and certain other requirements are met. Section 36 of this bill prescribes the manner in which to determine whether a child presents a substantial likelihood of serious harm to himself or herself or others for those purposes. Sections 41 and 58 of this bill provide for the expiration and renewal of an order for nonemergency mental health treatment or to continue an emergency admission, as applicable. Sections 41 and 58 also authorize the release of a child who has been admitted to a facility under such an order under certain circumstances, and section 75 of this bill repeals: (1) existing provisions governing the release of a child with an emotional disturbance who is in the custody of an agency which provides child welfare services from a facility; and (2) additional provisions of existing law which are duplicative of the provisions of sections 37-40 and 54-57. Sections 42 and 59 of this bill require a facility to which a child who is in the custody of an agency which provides child welfare services is admitted under an involuntary court-ordered admission or a continued emergency admission to develop a written plan for the continued care or treatment of the child upon discharge from the facility. Sections 53 and 62 of this bill make conforming changes to indicate the proper placement of sections 35.3-42 in the Nevada Revised Statutes. Sections 27, 28, 60, 61 and 63-67 of this bill make other conforming changes to indicate the continued applicability of certain provisions of existing law to the procedures created by sections 37-40 and 54-57.

Statutes affected:
As Introduced: 125B.200, 125C.0035, 125C.240, 126.111, 126.121, 126.141, 126.143, 129.080, 130.102, 3.025, 3.026, 3.2201, 3.405, 3.475, 3.500, 49.295, 62A.210, 62B.020, 62F.350, 247.540, 250.140, 293.908, 392.857, 394.1998, 425.381, 432B.010, 432B.159, 432B.250, 432B.290, 432B.420, 432B.430, 432B.4675, 432B.580, 432B.590, 432B.595, 432B.607, 432B.6075, 432B.6076, 432B.6078, 432B.6079, 432B.608, 432B.6081, 432B.60845, 432B.60847, 432B.6085, 433A.145, 433A.150, 433A.200, 433A.310, 433A.390, 481.091, 483.443, 632.120, 641B.160
Reprint 1: 125B.200, 125C.0035, 125C.240, 126.111, 126.121, 126.141, 126.143, 129.080, 130.102, 3.025, 3.026, 3.2201, 3.405, 3.475, 3.500, 49.295, 62A.210, 62B.020, 62F.350, 247.540, 250.140, 293.908, 392.857, 394.1998, 425.381, 432B.010, 432B.159, 432B.250, 432B.290, 432B.420, 432B.430, 432B.4675, 432B.580, 432B.590, 432B.595, 432B.607, 432B.6075, 432B.6076, 432B.6078, 432B.6079, 432B.608, 432B.6081, 432B.60845, 432B.60847, 432B.6085, 433A.145, 433A.150, 433A.200, 433A.310, 433A.390, 481.091, 483.443, 632.120
Reprint 2: 49.295, 392.857, 394.1998, 432B.010, 432B.250, 432B.290, 432B.420, 432B.4675, 432B.580, 432B.590, 432B.595, 432B.607, 432B.6075, 432B.6076, 432B.6078, 432B.6079, 432B.608, 432B.6081, 432B.60845, 432B.60847, 432B.6085, 433A.145, 433A.150, 433A.200, 433A.310, 433A.390, 632.120
As Enrolled: 49.295, 392.857, 394.1998, 432B.010, 432B.250, 432B.290, 432B.420, 432B.4675, 432B.580, 432B.590, 432B.595, 432B.607, 432B.6075, 432B.6076, 432B.6078, 432B.6079, 432B.608, 432B.6081, 432B.60845, 432B.60847, 432B.6085, 433A.145, 433A.150, 433A.200, 433A.310, 433A.390, 632.120