1. An agency which provides child welfare services or its designee may request that the court issue a warrant to place a child in protective custody if there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect but the threat is not imminent in the time it would take to obtain a warrant.
2. If the court, after review of a verified statement or sworn testimony presented by the agency which provides child welfare services or its designee, finds that there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect, the court may issue a warrant authorizing the child to be placed in protective custody.
3. The warrant to place a child in protective custody:
(a) Must include a finding that it is contrary to the welfare of the child to remain in the home;
(b) Must identify the basis for the finding that there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect;
(c) Must authorize the agency which provides child welfare services or its designee to immediately place the child in protective custody; and
(d) May, if there is reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm, authorize an agent or officer of a law enforcement agency or an agent or officer of a local juvenile probation department or the local department of juvenile services to assist the agency which provides child welfare services or its designee in placing the child in protective custody.
4. A warrant issued pursuant to this section:
(a) Is enforceable in any jurisdiction in this State; and
(b) Is valid for 10 days after the date of issuance, unless otherwise specified in the warrant.
5. A copy of a warrant issued pursuant to this section must be provided to the parent, guardian or custodian of a child placed in protective custody.
6. The provisions of this section do not preclude an agency which provides child welfare services or its designee that has obtained a warrant pursuant to this section from requesting a subsequent warrant if there remains reasonable cause to believe that the child is in need of protection from injury, abuse or neglect.
7. If a warrant issued pursuant to this section is executed, a hearing on protective custody must be held in accordance with the provisions of NRS 432B.470 and 432B.480.
8. The application for the warrant and the warrant must be filed with the clerk of the court.
(Added to NRS by 2021, 2234)
Structure Nevada Revised Statutes
Chapter 432B - Protection of Children From Abuse and Neglect
NRS 432B.020 - "Abuse or neglect of a child" defined.
NRS 432B.030 - "Agency which provides child welfare services" defined.
NRS 432B.035 - "Central Registry" defined.
NRS 432B.042 - "Child protective services" defined.
NRS 432B.044 - "Child welfare services" defined.
NRS 432B.050 - "Court" defined.
NRS 432B.065 - "Division of Child and Family Services" defined.
NRS 432B.0655 - "Fetal alcohol spectrum disorder" defined.
NRS 432B.0657 - "Fictive kin" defined. [Effective January 1, 2022.]
NRS 432B.066 - "Gender identity or expression" defined.
NRS 432B.067 - "Indian child" defined.
NRS 432B.068 - "Indian Child Welfare Act" defined.
NRS 432B.069 - "Information maintained by an agency which provides child welfare services" defined.
NRS 432B.070 - "Mental injury" defined.
NRS 432B.080 - "Parent" defined.
NRS 432B.090 - "Physical injury" defined.
NRS 432B.100 - "Sexual abuse" defined.
NRS 432B.110 - "Sexual exploitation" defined.
NRS 432B.130 - Persons responsible for child’s welfare.
NRS 432B.140 - Negligent treatment or maltreatment.
NRS 432B.150 - Excessive corporal punishment may constitute abuse or neglect.
NRS 432B.160 - Immunity from civil or criminal liability; presumption.
NRS 432B.180 - Duties of Division of Child and Family Services.
NRS 432B.190 - Regulations to be adopted by Division of Child and Family Services.
NRS 432B.215 - Acquisition and use of information concerning probationers and parolees.
NRS 432B.230 - Authorized methods of making report; contents.
NRS 432B.240 - Penalty for failure to make report.
NRS 432B.250 - Persons required to report prohibited from invoking certain privileges.
NRS 432B.255 - Admissibility of evidence.
NRS 432B.300 - Determinations to be made from investigation of report.
NRS 432B.305 - Assignment of disposition to report.
NRS 432B.317 - Administrative appeal of substantiation of report; hearing.
NRS 432B.320 - Waiver of full investigation of report.
NRS 432B.322 - Inapplicability of provisions to certain reports, investigations or information.
NRS 432B.330 - Circumstances under which child is or may be in need of protection.
NRS 432B.350 - Teams for protection of child.
NRS 432B.360 - Voluntary placement of child with agency or institution; regulations.
NRS 432B.370 - Determination that child is not in need of protection.
NRS 432B.4012 - "Children’s advocacy center" defined.
NRS 432B.4014 - "Multidisciplinary team" defined.
NRS 432B.4016 - "Provider of health care" defined.
NRS 432B.403 - Purpose of organizing.
NRS 432B.405 - Appointment; circumstances for organization.
NRS 432B.410 - Exclusive original jurisdiction; action does not preclude prosecution.
NRS 432B.430 - Restriction on admission of persons to proceedings.
NRS 432B.435 - Presentation of evidence of child’s previous sexual conduct prohibited; exception.
NRS 432B.440 - Assistance by agency which provides child welfare services.
NRS 432B.450 - Expert testimony raising presumption of need for protection of child.
NRS 432B.451 - Qualified expert witness required in proceeding to place Indian child in foster care.
NRS 432B.465 - Full faith and credit to judicial proceedings of Indian tribe.
NRS 432B.466 - Petition for appointment of guardian; notice.
NRS 432B.4675 - Effect of entry of final order establishing guardianship.
NRS 432B.4682 - "Person professionally qualified in the field of psychiatric mental health" defined.
NRS 432B.4683 - "Psychiatric care" defined.
NRS 432B.4685 - Persons eligible for court appointment.
NRS 432B.4686 - Responsibilities and duties.
NRS 432B.470 - Hearing required; notice.
NRS 432B.490 - Procedure following hearing or investigation.
NRS 432B.500 - Appointment of guardian ad litem after filing of petition.
NRS 432B.505 - Qualifications of special advocate for appointment as guardian ad litem.
NRS 432B.510 - Execution and contents of petition; representation of interests of public.
NRS 432B.515 - Electronic filing of certain petitions and reports.
NRS 432B.530 - Adjudicatory hearing on petition; disposition.
NRS 432B.540 - Report by agency which provides child welfare services; plan for placement of child.
NRS 432B.553 - Plan for permanent placement of child.
NRS 432B.560 - Additional orders by court: Treatment; conduct; visitation; support.
NRS 432B.570 - Motion for revocation or modification of order.
NRS 432B.585 - Appointment of panel to conduct semiannual review.
NRS 432B.5902 - Service of motion and notice of hearing; response to motion.
NRS 432B.5904 - Mediation for purpose of negotiating open adoption agreement.
NRS 432B.5905 - Testifying at evidentiary hearing by telephone or video conference.
NRS 432B.5906 - Final order; appeal.
NRS 432B.5907 - Time for resolution of appeal.
NRS 432B.5908 - Petition for restoration of parental rights.
NRS 432B.5909 - Definitions. [Effective January 1, 2024.]
NRS 432B.5913 - "Program" defined. [Effective January 1, 2024.]
NRS 432B.5915 - "Young adult" defined. [Effective January 1, 2024.]
NRS 432B.601 - Annual hearing concerning participant. [Effective January 1, 2024.]
NRS 432B.604 - Creation; members; terms; vacancies; members serve without compensation; duties.
NRS 432B.606 - Referral of case by court to local advisory board.
NRS 432B.6071 - "Child with an emotional disturbance" defined.
NRS 432B.60715 - "Court-ordered admission of a child" defined.
NRS 432B.6072 - "Facility" defined.
NRS 432B.6073 - "Person professionally qualified in the field of psychiatric mental health" defined.
NRS 432B.6074 - "Treatment" defined.
NRS 432B.6075 - Petition: Filing; certificate or statement of alleged emotional disturbance.
NRS 432B.6076 - Findings and order; alternative courses of treatment.
NRS 432B.6078 - Provision of information and assistance to child; second examination of child.
NRS 432B.6079 - Considerations for court in issuing or renewing order.
NRS 432B.608 - Expiration and renewal of admission.
NRS 432B.6081 - Plan for continued care, treatment and training of child upon discharge.
NRS 432B.6082 - Personal rights.
NRS 432B.6084 - Release without further order of court; early release.
NRS 432B.6205 - "Fictive kin" defined. [Effective through December 31, 2021.]
NRS 432B.621 - "Program" defined.