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- 83rd Session (2025)
Senate Bill No. 187–Senator Pazina
CHAPTER..........
AN ACT relating to child welfare; prescribing a time period within
which an agency which provides child welfare services is
required to take certain action relating to certain medical or
mental health treatment for a child in the custody of the
agency; and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes an agent or officer of a law enforcement agency, an
officer of the local juvenile probation department or the local department of
juvenile services, or a designee of an agency which provides child welfare services
to place a child in protective custody: (1) with the consent of the parent or legal
guardian of the child; or (2) under certain circumstances indicating that the child is
in need of protection from injury, abuse or neglect. (NRS 432B.390) Under existing
law, within 72 hours after the placement of a child in protective custody, a court is
required to hold a hearing to determine whether the child should remain in
protective custody and, if so, where the child will be temporarily placed. (NRS
432B.470, 432B.480) If the court orders that the child remain in protective custody,
existing law requires the agency which provides child welfare services to file a
petition alleging that the child is in need of protection, un less good cause exists not
to file such a petition. (NRS 432B.490) Within 30 days after the filing of such a
petition, existing law requires the court to hold a hearing to determine the custody
and placement of the child. (NRS 432B.530, 432B.550) Existing law requires the
court to review such a placement at least semiannually and within 90 days after a
request by a party to any of the prior proceedings. (NRS 432B.580)
Section 2 of this bill requires an agency which provides child welfare services
to provide or deny consent to non-emergency medical care that is recommended by
a provider of health care for a child who is in the custody of the agency within 14
days after the caseworker assigned to the child receives written notice of the
recommendation or referral for such ca re. If the consent of any other person or
entity is required before such a child may receive medical or mental health
treatment, section 2 requires the agency which provides child welfare services to
make reasonable efforts to obtain such consent within 14 days after the caseworker
assigned to the child receives written notice of the need for treatment . If a court
order is required before such a child may receive non -emergency medical care
recommended by a provider of health care, section 2 requires the agency which
provides child welfare services to make reasonable effort s to initiate such an order
not later than 14 days after the caseworker assigned to the child receives written
notice of the recommendation or referral for such care . Section 2 requires the
agency which provides child welfare services to notify the person or entity with
whom the child is placed as soon as p racticable and without delay after obtaining
such an order or the denial of a request for such an order, as applicable.
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- 83rd Session (2025)
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432B of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. If an agency which provides child welfare
services is required to provide consent before a child who is in the
custody of the agency may receive non-emergency medical care
that is recommended by a provider of health care, the agency
which provides child welfare services shall provide or deny such
consent not later than 14 days after the caseworker assigned to the
child receives written notice of the recommendation or referral for
such care.
2. If any person or entity, including, without limitation, a
person leg ally responsible for the psychiatric care of a child
appointed pursuant to NRS 432B.4685, is required to provide
consent before a child who is in the custody of an agency which
provides child welfare services may receive medical or mental
health treatment, the agency which provides child welfare services
shall:
(a) Make reasonable efforts to obtain such consent not later
than 14 days after the caseworker assigned to the child receives
written notice of the need for the treatment , which may be
demonstrated by, without limitation, a referral for the treatment;
and
(b) Notify the person or entity with whom the child is placed as
soon as practicable and without delay after obtaining such consent
or the denial of such consent.
3. If an order of the court is required before a child who is in
the custody of an agency which provides child welfare services
may receive non-emergency medical care that is recommended by
a provider of health care, the agency which provides child welfare
services shall:
(a) Make reasonable efforts to initiate such an order not later
than 14 days after the caseworker assigned to the child receives
written notice of the recommendation or referral for such care;
and
(b) Notify the person or entity with whom the child is placed as
soon a s p racticable and without delay after obtaining such an
order or the denial of a request for such an order.
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- 83rd Session (2025)
4. Nothing in this section shall be construed to pr ohibit a
party with proper standing from seeking a court order for the
medical treatment of a c hild in the custody of a child welfare
agency.
5. As used in this section, “provider of health care” has the
meaning ascribed to it in NRS 629.031.
Secs. 3-18. (Deleted by amendment.)
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