Nev. Rev. Stat. § 432B.6076

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 432B.6076 - Petition to continue admission: Consent; hearing; findings and order; transmission of record to Central Repository
1. A child who is the subject of a petition submitted pursuant to NRS 432B.6075 may, after conferring with his or her attorney, submit to the court written consent, or provide oral consent in the record of the court, to continue the emergency admission. Upon receiving such consent, the court may order the continuation of the emergency admission if it finds that continuing the emergency admission is in the best interests of the child.
2. A court that receives a petition submitted pursuant to NRS 432B.6075 to continue the emergency admission of a child alleged to be a child with an emotional disturbance to a facility shall conduct a hearing on the petition, unless otherwise ordered by the court.
3. Except as otherwise provided in subsection 1, a court may order the continuation of the emergency admission of a child with respect to whom a petition was filed pursuant to NRS 432B.6075 to a facility only if the court finds by clear and convincing evidence that the child:
(a) Is a child with an emotional disturbance; and
(b) Is a person in a mental health crisis, as defined in NRS 433A.0175, and presents a substantial likelihood of serious harm to himself or herself or others, as determined pursuant to NRS 433A.0195, if discharged to a less restrictive appropriate environment.
4. The court shall issue a written order on a petition submitted pursuant to NRS 432B.6075. If the court:
(a) Orders the continuation of the emergency admission, the order must include specific findings concerning each factor prescribed by subsection 3.
(b) Does not order the continuation of the emergency admission, the court must enter its findings to that effect and order the discharge of the child from the facility.
5. Except as otherwise provided in subsection 6, if the court issues an order to continue the emergency admission of a child who is 16 years of age or older to a facility pursuant to this section, the court must, notwithstanding any other provision of law requiring the court to seal a court record relating to a proceeding conducted pursuant to NRS 432B.607 to 432B.6085, inclusive, cause, within 5 business days after the order becomes final pursuant to this section, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
6. The provisions of subsection 5 do not apply if the child with respect to whom the proceeding was held voluntarily seeks treatment and stipulates to his or her admission to a facility.
7. As used in this section, "National Instant Background Check System" has the meaning ascribed to it in NRS 179A.062.

NRS 432B.6076

Added to NRS by 2005, 1318; A 2009, 411; 2023, 2343, 2442
Amended by 2023, Ch. 408,§8.5, eff. 7/1/2023.
Amended by 2023, Ch. 397,§55, eff. 10/1/2023, app. to any child in the custody of an agency which provides child welfare services ho has been admitted to a facility and whose status is that of an emergency consumer on or after 10/1/2023, regardless of the date on which he or she was admitted.
Added to NRS by 2005, 1318; A 2009, 411