1. A child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court, including, without limitation, an emergency shelter, shall treat each child who is placed in the facility in all respects in accordance with the child’s gender identity or expression.
2. The Division of Child and Family Services of the Department shall adopt regulations establishing factors for a court to consider before placing a child in the custody of a child care facility and protocols for a child care facility to follow when placing a child within the facility that ensure that each child who is so placed is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities and mental health facilities or who have resided in such settings;
(b) Representatives of each agency which provides child welfare services in this State;
(c) Representatives of state and local facilities for the detention of children;
(d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;
(e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;
(f) Representatives of juvenile courts and family courts;
(g) Advocates of children; and
(h) Any other person deemed appropriate by the Division of Child and Family Services of the Department.
3. A court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before placing a child in a child care facility.
4. A child care facility, including, without limitation, an emergency shelter, which has physical custody of a child pursuant to the order of a court shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the facility.
5. As used in this section:
(a) "Agency which provides child welfare services" has the meaning ascribed to it in NRS 432B.030.
(b) "Foster home" has the meaning ascribed to it in NRS 424.014.
(c) "Gender identity or expression" has the meaning ascribed to it in NRS 424.0145.
(Added to NRS by 2017, 24)
1. A child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court, including, without limitation, an emergency shelter, shall treat each child who is placed in the facility in all respects in accordance with the child’s gender identity or expression.
2. The Division of Child and Family Services of the Department shall adopt regulations establishing factors for a court to consider before placing a child in the custody of a child care facility and protocols for a child care facility to follow when placing a child within the facility that ensure that each child who is so placed is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities, mental health facilities and receiving centers or who have resided in such settings;
(b) Representatives of each agency which provides child welfare services in this State;
(c) Representatives of state and local facilities for the detention of children;
(d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;
(e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;
(f) Representatives of juvenile courts and family courts;
(g) Advocates of children; and
(h) Any other person deemed appropriate by the Division of Child and Family Services of the Department.
3. A court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before placing a child in a child care facility.
4. A child care facility, including, without limitation, an emergency shelter, which has physical custody of a child pursuant to the order of a court shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the facility.
5. As used in this section:
(a) "Agency which provides child welfare services" has the meaning ascribed to it in NRS 432B.030.
(b) "Foster home" has the meaning ascribed to it in NRS 424.014.
(c) "Gender identity or expression" has the meaning ascribed to it in NRS 424.0145.
(d) "Receiving center" has the meaning ascribed to it in NRS 424.0175.
(Added to NRS by 2017, 24; A 2021, 2650, effective January 1, 2022)
Structure Nevada Revised Statutes
Chapter 432A - Services and Facilities for Care of Children
NRS 432A.010 - Legislative findings and declaration.
NRS 432A.0205 - "Accommodation facility" defined.
NRS 432A.021 - "Board" defined.
NRS 432A.025 - "Client" defined.
NRS 432A.026 - "Department" defined.
NRS 432A.027 - "Director" defined.
NRS 432A.0273 - "Division" defined.
NRS 432A.0274 - "Local government" defined.
NRS 432A.0275 - "On-site child care facility" defined.
NRS 432A.0277 - "Out-of-school recreation program" defined.
NRS 432A.0278 - "Out-of-school-time program" defined.
NRS 432A.028 - "Outdoor youth program" defined.
NRS 432A.029 - "Seasonal or temporary recreation program" defined.
NRS 432A.0295 - "Small child care establishment" defined.
NRS 432A.030 - Liberal construction.
NRS 432A.035 - Provisions of chapter inapplicable to Program for Child Care and Development.
NRS 432A.040 - Duties of Division.
NRS 432A.055 - Department may accept gifts and grants for establishment of program for child care.
NRS 432A.078 - State Board of Health: Requirements for play space at on-site child care facilities.
NRS 432A.079 - State Board of Health: Policy providing for coordination among agencies.
NRS 432A.080 - Cooperation with Federal Government.
NRS 432A.100 - Custody and disbursement of money received from Federal Government.
NRS 432A.110 - Gift Account for Child Care Services.
NRS 432A.120 - Officer and employee prohibited from partisan political activities; penalty.
NRS 432A.141 - License: Issuance by Division; fee; duration; nontransferable; scope.
NRS 432A.150 - License: Contents.
NRS 432A.1774 - "Child care facility" further defined for purposes of NRS 432A.1775 and 432A.1776.
NRS 432A.1775 - Employees of certain facilities to complete training.
NRS 432A.186 - Administrative sanctions: Imposition by Division; disposition of money collected.
NRS 432A.188 - Administrative sanctions: Regulations of Board.
NRS 432A.220 - Operation of child care facility without license: Criminal penalty.
NRS 432A.240 - Exemption from immunization when contrary to religious belief.
NRS 432A.250 - Exemption from immunization because of medical condition.
NRS 432A.270 - Protection of child exempt from immunization if dangerous disease exists in facility.
NRS 432A.280 - Penalty for refusal to remove child from child care facility when required by law.
NRS 432A.330 - "Expedition" defined.
NRS 432A.340 - "Field administrator" defined.
NRS 432A.350 - "Field staff" defined.
NRS 432A.360 - "Provider" defined.
NRS 432A.370 - "Support staff" defined.
NRS 432A.410 - Training of staff.
NRS 432A.480 - Expedition: Written general plan; number and qualifications of staff required.
NRS 432A.510 - Meals for clients; written menu prepared by qualified person; vitamins.
NRS 432A.540 - Mail for clients: Prompt delivery required; permitted restrictions.
NRS 432A.560 - Provider required to conduct program in compliance with statutes and regulations.
NRS 432A.600 - Permit to operate: Application; fee; issuance; nontransferable; duration; scope.
NRS 432A.610 - Requirements for site where program is operated.
NRS 432A.630 - Maintenance of records concerning participants; confidentiality.
NRS 432A.700 - Requirements concerning first aid and emergency exit plan.
NRS 432A.710 - Background check and child abuse and neglect screening of staff members.
NRS 432A.730 - Maintenance of records concerning staff; confidentiality.