1. A psychiatric hospital to which a child who is in the custody of an agency which provides child welfare services is admitted pursuant to NRS 432B.6076 shall, in consultation with the public or private school in which the child was enrolled when he or she was admitted to the psychiatric hospital, any school district in which the child was enrolled or which was providing services to the child when he or she was admitted to the psychiatric hospital, the agency which provides child welfare services and any person responsible for the education of the child, develop a plan for the continued education of the child while the child remains enrolled in the public or private school or the school district yet is admitted to the psychiatric hospital. The plan must be:
(a) Provided to the child, the agency which provides child welfare services, the child’s caseworker, if applicable, any person responsible for the education of the child, the school and, if applicable, the school district; and
(b) Submitted to the court after each period of admission ordered by the court pursuant to NRS 432B.6076 in the manner set forth in NRS 432B.608.
2. A plan for the continued education of a child developed pursuant to subsection 1 must include, without limitation:
(a) The number of hours of instruction each week that must be provided to the child while the child is admitted to the psychiatric hospital;
(b) Provisions for the transfer of instructional materials to the psychiatric hospital from the school in which the child was enrolled when he or she was admitted to the psychiatric hospital;
(c) Procedures for monitoring the implementation of the plan and the appropriateness of the instruction being provided to the child;
(d) If an individualized education program or services plan has been developed for the child and provided to the psychiatric hospital pursuant to NRS 392.857 or 394.1998, provisions to ensure that the psychiatric hospital maintains compliance with the individualized education program or services plan, as applicable; and
(e) A plan for continuing the education of the child after he or she is discharged from the psychiatric hospital, including, without limitation, a plan for transitioning the child into a school or any other educational setting in which the child will receive instruction after discharge.
3. Before admission of a child who is in the custody of an agency which provides child welfare services to a facility which provides residential treatment for mental illness, the public or private school or any school district in which the child was enrolled or which was providing services to the child when he or she was admitted to the facility must:
(a) For a child who is a pupil with a disability, convene an individualized education program meeting to consider the appropriateness of a residential placement under federal law as it relates to the child’s education needs;
(b) Convene a meeting of representatives of the public or private school in which the child was enrolled, the school district in which the child was enrolled, the agency which provides child welfare services, any person responsible for the education of the child and any other organization that provides support to the child, as appropriate, to consider, pursuant to the statewide framework for integrated student supports established pursuant to NRS 388.885, the appropriateness of a residential placement;
(c) Monitor the child’s progress while the child is admitted to the facility; and
(d) Participate in discharge planning for transitioning the child into a school or any other educational setting in which the child will receive instruction after discharge. The Department of Education shall adopt regulations necessary to carry out the provisions of this paragraph.
4. As used in this section:
(a) "Individualized education program" has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
(b) "Person responsible for the education of the child" includes, without limitation, the parent or guardian of the child and any educational decision maker appointed for the child pursuant to NRS 432B.462.
(c) "Private school" has the meaning ascribed to it in NRS 394.103.
(d) "Public school" includes, without limitation, a university school for profoundly gifted pupils.
(e) "Services plan" has the meaning ascribed to it in 34 C.F.R. § 300.37.
(Added to NRS by 2021, 3158)
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.