Existing law: (1) defines the term “abuse or neglect of a child” for the purposes of existing law regarding the protection of children from abuse or neglect; and (2) sets forth certain circumstances in which a child is not considered to be abused or neglected and the health or welfare of the child is not considered to be harmed or threatened, such as when the parent of the child delivers the child to a provider of emergency services in accordance with certain requirements or when the parent or guardian of the child, in good faith, selects and depends upon nonmedical remedial treatment for the child. (NRS 432B.020) Section 1 of this bill adds to the list of such circumstances in which a child is not considered to be abused or neglected and the health or welfare of the child is not considered to be harmed or threatened the circumstances in which the parent or guardian of the child: (1) seeks to have the child admitted into a public or private mental health facility or hospital if the behavioral health needs of the child pose a risk to the safety and welfare of the family; or (2) brings into the home of the child a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of the family. Existing law establishes procedures governing the termination of parental rights. (Chapter 128 of NRS) Existing law: (1) defines the term “injury” as it relates to the health and welfare of a child and the termination of parental rights; and (2) sets forth certain circumstances in which the health and welfare of a child are not considered to be injured, such as when the child's parent or guardian, in the practice of his or her religious beliefs, selects and depends upon nonmedical remedial treatment for the child, if such treatment is recognized and permitted under the laws of this State. (NRS 128.013) Section 2 of this bill adds to the list of such circumstances in which the health and welfare of a child are not considered to be injured the circumstances in which the parent or guardian of a child: (1) seeks to have the child admitted into a public or private mental health facility or hospital if the behavioral health needs of the child pose a risk to the safety and welfare of the family; or (2) brings into the home of the child a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of the family. Existing law: (1) establishes criminal liability relating to abuse or neglect of a child under certain circumstances by prohibiting a person who is responsible for the safety or welfare of a child from permitting or allowing the child to be placed in a situation where the child may suffer unjustifiable physical pain or mental suffering as the result of abuse or neglect; and (2) provides that such a person does not commit such abuse or neglect solely because the person delivers or allows the delivery of a child to a provider of emergency services. (NRS 200.508) Section 4 of this bill similarly provides that a person who is responsible for the safety or welfare of a child does not commit abuse or neglect of a child solely because the person: (1) seeks to have the child admitted into a public or private mental health facility or hospital if the behavioral health needs of the child pose a risk to the safety and welfare of the family; or (2) brings into the home of the child a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of the family. Section 3 of this bill makes a conforming change to refer to provisions that have been renumbered by section 4.

Statutes affected:
As Introduced: 432B.020, 128.013, 200.359, 200.508
BDR: 432B.020, 128.013, 200.359, 200.508