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- 83rd Session (2025)
Senate Bill No. 372–Senator Steinbeck
CHAPTER..........
AN ACT relating to the care of children; revising provisions relating
to the circumstances under which a person is not considered
to have abused or neglected a child or to have injured,
harmed or threatened the health or welfare of a child; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
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 wh ich 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 cert ain 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 chi ld: (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, fo ster 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 t he
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 t o
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 simi larly 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
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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.
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. NRS 432B.020 is hereby amended to read as
follows:
432B.020 1. “Abuse or neglect of a child” means, except as
otherwise provided in subsection 2:
(a) Physical or mental injury of a nonaccidental nature;
(b) Sexual abuse or sexual exploitation; or
(c) Negligent treatment or maltreatment as set forth in
NRS 432B.140,
of a child caused or allowed by a person responsible for the
welfare of the child under circumstances which indicate that the
child’s health or welfare is harmed or threatened with harm.
2. A child is not abused or neglected, nor is the health or
welfare of the child harmed or threatened for the sole reason that:
(a) The parent of the child delivers the child to a provider of
emergency services pursuant to NRS 432B.630, if the parent
complies with the requirements of paragraph (a) of subsection 3 of
that section; [or]
(b) The parent or guardian of the child, in good faith, selects and
depends upon nonmedical remedial treatment for such child, if such
treatment is recognized and permitted under the laws of this State in
lieu of medical treatment. This paragraph does not limit the court in
ensuring that a child receive a medical examination and treatment
pursuant to NRS 62E.280 [.] ;
(c) The parent or guardian of the child 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
(d) The parent or guardian of the child 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.
3. As used i n this section, “allow” means to do nothing to
prevent or stop the abuse or neglect of a child in circumstances
where the person knows or has reason to know that a child is abused
or neglected.
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Sec. 2. NRS 128.013 is hereby amended to read as follows:
128.013 1. “Injury” to a child’s health or welfare occurs
when the parent, guardian or custodian:
(a) Inflicts or allows to be inflicted upon the child, physical,
mental or emotional injury, including injuries sustained as a result of
excessive corporal punishment;
(b) Commits or allows to be committed against the child, sexual
abuse as defined in NRS 432B.100;
(c) Neglects or refuses to provide for the child proper or
necessary subsistence, education or medical or surgica l care,
although he or she is financially able to do so or has been offered
financial or other reasonable means to do so; or
(d) Fails, by specific acts or omissions, to provide the child with
adequate care, supervision or guardianship under circumstances
requiring the intervention of:
(1) An agency which provides child welfare services; or
(2) The juvenile or family court itself.
2. A child’s health or welfare is not considered injured solely
because [the] :
(a) 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 [.] ;
(b) The parent or guardian of the child 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
(c) The parent or guardian of the child brings into the home of
the child a bi ological, foster or adoptive child whose behavioral
health needs pose a risk to the safety and welfare of the family.
Sec. 3. NRS 200.359 is hereby amended to read as follows:
200.359 1. A person having a limited right of custody to a
child by operation of law or pursuant to an order, judgment or
decree of any court, including a judgment or decree which grants
another person rights to custody or visitation of the child, or any
parent having no right of custody to the child, who:
(a) In violation of an order, judgment or decree of any court
willfully detains, conceals or removes the child from a parent,
guardian or other person having lawful custody or a right of
visitation of the child; or
(b) In the case of an order, judgment or decree of any court that
does not specify when the right to physical custody or visitation is to
be exercised, removes the child from the jurisdiction of the court
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without the consent of either the court or all pe rsons who have the
right to custody or visitation,
is guilty of a category D felony and shall be punished as provided
in NRS 193.130.
2. Except as otherwise provided in this subsection, a parent
who has joint legal and physical custody of a child pursu ant to NRS
125C.0015 shall not willfully conceal or remove the child from the
custody of the other parent with the specific intent to frustrate the
efforts of the other parent to establish or maintain a meaningful
relationship with the child. A person who violates this subsection
shall be punished as provided in subsection 1 unless the person
demonstrates to the satisfaction of the court that he or she violated
this subsection to protect the child or himself or herself from an act
that constitutes domestic violence pursuant to NRS 33.018.
3. If the mother of a child has primary physical custody
pursuant to subsection 2 of NRS 125C.003, the father of the child
shall not willfully conceal or remove the child from the physical
custody of the mother. If the fa ther of a child has primary physical
custody pursuant to subsection 2 of NRS 125C.003, the mother of
the child shall not willfully conceal or remove the child from the
physical custody of the father. A person who violates this subsection
shall be punished as provided in subsection 1.
4. A parent who has joint physical custody of a child pursuant
to an order, judgment or decree of a court shall not relocate with the
child pursuant to NRS 125C.0065 without the written consent of the
non-relocating parent or before the court enters an order granting
the parent primary physical custody of the child and permission to
relocate with the child, as applicable. A person who violates this
subsection shall be punished as provided in subsection 1.
5. A parent who ha s primary physical custody of a child
pursuant to an order, judgment or decree of a court shall not relocate
with the child pursuant to NRS 125C.006 without the written
consent of the non -relocating parent or the permission of the court.
A person who violates this subsection shall be punished as provided
in subsection 1.
6. Before an arrest warrant may be issued for a violation of this
section, the court must find that:
(a) This is the home state of the child, as defined in NRS
125A.085; and
(b) There is cause to believe that the entry of a court order in a
civil proceeding brought pursuant to chapter 125, 125A or 125C of
NRS will not be effective to enforce the rights of the parties and
would not be in the best interests of the child.
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7. Upon convict ion for a violation of this section, the court
shall order the defendant to pay restitution for any expenses incurred
in locating or recovering the child.
8. The prosecuting attorney may recommend to the judge that
the defendant be sentenced as for a mis demeanor and the judge may
impose such a sentence if the judge finds that:
(a) The defendant has no prior conviction for this offense and
the child has suffered no substantial harm as a result of the offense;
or
(b) The interests of justice require that the defendant be
punished as for a misdemeanor.
9. A person who aids or abets any other person to violate this
section shall be punished as provided in subsection 1.
10. In addition to the exemption set forth in subsection 11,
subsections 4 and 5 do no t apply to a person who demonstrates a
compelling excuse, to the satisfaction of the court, for relocating
with a child in violation of NRS 125C.006 or 125C.0065.
11. This section does not apply to a person who detains,
conceals, removes or relocates with a child to protect the child from
the imminent danger of abuse or neglect or to protect himself or
herself from imminent physical harm, and reported the detention,
concealment, removal or relocation to a law enforcement agency or
an agency which provides child welfare services within 24 hours
after detaining, concealing, removing or relocating with the child, or
as soon as the circumstances allowed. As used in this subsection:
(a) “Abuse or neglect” has the meaning ascribed to it in
paragraph (a) of subsection [4] 5 of NRS 200.508.
(b) “Agency which provides child welfare services” has the
meaning ascribed to it in NRS 432B.030.
Sec. 4. NRS 200.508 is hereby amended to read as follows:
200.508 1. A person who willfully causes a child who is less
than 18 years of age to suffer unjustifiable physical pain or mental
suffering as a result of abuse or neglect or to be placed in a situation
where the child may suffer physical pain or mental suffering as the
result of abuse or neglect:
(a) If substantial bodily or mental harm results to the child:
(1) If the child is less than 14 years of age and the harm is the
result of sexual abuse or exploitation, is guilty of a category A
felony and shall be punished by imprisonment in the state prison for
life with the possibility of parole, with eligibility for parole
beginning when a minimum of 15 years has been served; or
(2) In all other such cases to which subparagraph (1) does not
apply, is guilty of a category B felony and shal l be punished by
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imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 20 years; or
(b) If substantial bodily or mental harm does not result to the
child:
(1) If the person has not previously be en convicted of a
violation of this section or of a violation of the law of any other
jurisdiction that prohibits the same or similar conduct, is guilty of a
category B felony and shall be punished by imprisonment in the
state prison for a minimum term of not less than 1 year and a
maximum term of not more than 6 years; or
(2) If the person has previously been convicted of a violation
of this section or of a violation of the law of any other jurisdiction
that prohibits the same or similar conduct, is guilty of a category B
felony and shall be punished by imprisonment in the stat e prison for
a minimum term of not less than 2 years and a maximum term of not
more than 15 years,
unless a more severe penalty is prescribed by law for an act or
omission that brings about the abuse or neglect.
2. A person who is responsible for the safety or welfare of a
child pursuant to NRS 432B.130 and who permits or allows that
child to suffer unjustifiable physical pain or mental suffering as a
result of abuse or neglect or to be placed in a situation where the
child may suffer physical pain or mental suffering as the result of
abuse or neglect:
(a) If substantial bodily or mental harm results to the child:
(1) If the child is less than 14 years of age and the harm is the
result of sexual abuse or exploitation, is guilty of a category A
felony and shall be punished by imprisonment in the state prison for
life with the possibility of parole, with eligibility for parole
beginning when a minimum of 10 years has been served; or
(2) In all other such cases to which subparagraph (1) does not
apply, is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 20 years; or
(b) If substantial bodily or mental harm does not result to the
child:
(1) If the person has not previously been convicted of a
violation of this section or of a violation of the law of any other
jurisdiction that prohibits the same or similar conduct, is guilty of a
gross misdemeanor; or
(2) If the person has previously been convicted of a violation
of this section or of a violation of the law of any other jurisdiction
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that prohibits the same or similar conduct, is guilty of a category C
felony and shall be punished as provided in NRS 193.130,
unless a more severe pena lty is prescribed by law for an act or
omission that brings about the abuse or neglect.
3. A person does not commit a violation of subsection 1 or 2 by
virtue of the sole fact that the person delivers or allows the delivery
of a child to a provider of em ergency services pursuant to
NRS 432B.630.
4. A person who is responsible for the safety or welfare of a
child pursuant to NRS 432B.130 does not commit a violation of
subsection 1 or 2 by virtue of the sole fact that:
(a) The person 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
(b) The person brings into the home of the chi ld a biological,
foster or adoptive child whose behavioral health needs pose a risk
to the safety and welfare of the family.
5. As used in this section:
(a) “Abuse or neglect” means physical or mental injury of a
nonaccidental nature, sexual abuse, sexu al exploitation, negligent
treatment or maltreatment of a child under the age of 18 years, as set
forth in paragraph (d) and NRS 432B.070, 432B.100, 432B.110,
432B.140 and 432B.150, under circumstances which indicate that
the child’s health or welfare is harmed or threatened with harm.
(b) “Allow” means to do nothing to prevent or stop the abuse or
neglect of a child in circumstances where the person knows or has
reason to know that the child is abused or neglected.
(c) “Permit” means permission that a re asonable person would
not grant and which amounts to a neglect of responsibility attending
the care, custody and control of a minor child.
(d) “Physical injury” means:
(1) Permanent or temporary disfigurement; or
(2) Impairment of any bodily function or organ of the body.
(e) “Substantial mental harm” means an injury to the intellectual
or psychological capacity or the emotional condition of a child as
evidenced by an observable and substantial impairment of the ability
of the child to function within his or her normal range of
performance or behavior.
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