1. A provider of emergency services shall take immediate possession of a child who is or appears to be not more than 30 days old:
(a) When:
(1) The child is voluntarily delivered to the provider by a parent of the child; and
(2) The parent does not express an intent to return for the child; or
(b) When the child is delivered to the provider by another provider of emergency services pursuant to paragraph (b) of subsection 2.
2. A provider of emergency services who takes possession of a child pursuant to subsection 1, including, without limitation, the hospital at which the child was born, shall:
(a) Whenever possible, inform the parent of the child that:
(1) By allowing the provider to take possession of the child, the parent is presumed to have abandoned the child pursuant to NRS 128.097;
(2) The parent waives any right to notice of a hearing pursuant to NRS 128.060 or 128.070 or 432B.410 to 432B.590, inclusive; and
(3) Unless the parent contacts the local agency which provides child welfare services, action will be taken to terminate his or her parental rights regarding the child.
(b) Perform any act necessary to maintain and protect the physical health and safety of the child. If the provider is a public fire-fighting agency, a volunteer fire department, a law enforcement agency or an ambulance service, the provider shall immediately cause the safe delivery of the child to a hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS.
(c) As soon as reasonably practicable but not later than 24 hours after the provider takes possession of the child, report that possession to an agency which provides child welfare services, if the provider is not an agency which provides child welfare services, and, if the provider is not a law enforcement agency, to a law enforcement agency. The law enforcement agency shall notify the Clearinghouse and investigate further, if necessary, using any other resources to determine whether the child has been reported as a missing child. Upon conclusion of the investigation, the law enforcement agency shall inform the agency which provides child welfare services of its determination. The agency which provides child welfare services shall maintain that information for statistical and research purposes.
(d) Except as otherwise provided in this paragraph, transfer any information that the provider of emergency services has obtained regarding the child and any parent of the child who did not deliver the child to the provider to the agency which provides child welfare services that takes the child into protective custody pursuant to NRS 432B.390, except that any identifying information relating to the parent who delivered the child to the provider must not be transferred to the agency which provides child welfare services, regardless of whether the parent has requested anonymity. The provisions of this paragraph do not prohibit a provider of emergency services from transferring identifying information relating to the parent to the agency which provides child welfare services if the agency has reasonable cause to believe that the child has been abused or neglected.
3. A parent who delivers a child to a provider of emergency services pursuant to paragraph (a) of subsection 1:
(a) Shall leave the child:
(1) In the physical possession of a person who the parent has reasonable cause to believe is an employee of the provider; or
(2) On the property of the provider in a manner and location that the parent has reasonable cause to believe will not threaten the physical health or safety of the child, and immediately contact the provider, through the local emergency telephone number or otherwise, and inform the provider of the delivery and location of the child. A provider of emergency services is not liable for any civil damages as a result of any harm or injury sustained by a child after the child is left on the property of the provider pursuant to this subparagraph and before the provider is informed of the delivery and location of the child pursuant to this subparagraph or the provider takes physical possession of the child, whichever occurs first.
(b) Shall be deemed to have given consent to the performance of all necessary emergency services and care for the child.
(c) Must not be required to provide any background or medical information regarding the child, but may voluntarily do so.
(d) Unless there is reasonable cause to believe that the child has been abused or neglected, excluding the mere fact that the parent has delivered the child to the provider pursuant to subsection 1:
(1) Must not be required to disclose any identifying information, but may voluntarily do so;
(2) Must be allowed to leave at any time; and
(3) Must not be pursued or followed.
4. As used in this section:
(a) "Clearinghouse" has the meaning ascribed to it in NRS 432.150.
(b) "Provider of emergency services" means:
(1) A hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS;
(2) A public fire-fighting agency, including, without limitation, a volunteer fire department;
(3) A law enforcement agency;
(4) An ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS; or
(5) An agency which provides child welfare services.
(Added to NRS by 2001, 1254; A 2001 Special Session, 56; 2003, 236; 2011, 1932; 2013, 1090; 2017, 681)
1. A provider of emergency services shall take immediate possession of a child who is or appears to be not more than 30 days old:
(a) When:
(1) The child is voluntarily delivered to the provider by a parent of the child; and
(2) The parent does not express an intent to return for the child; or
(b) When the child is delivered to the provider by another provider of emergency services pursuant to paragraph (b) of subsection 2.
2. A provider of emergency services who takes possession of a child pursuant to subsection 1, including, without limitation, the hospital at which the child was born, shall:
(a) Whenever possible, inform the parent of the child that:
(1) By allowing the provider to take possession of the child, the parent is presumed to have abandoned the child pursuant to NRS 128.097;
(2) The parent waives any right to notice of a hearing pursuant to NRS 128.060 or 128.070 or 432B.410 to 432B.590, inclusive; and
(3) Unless the parent contacts the local agency which provides child welfare services, action will be taken to terminate his or her parental rights regarding the child.
(b) Perform any act necessary to maintain and protect the physical health and safety of the child. If the provider is a public fire-fighting agency, a volunteer fire department, a law enforcement agency or an ambulance service, the provider shall immediately cause the safe delivery of the child to a hospital, a freestanding birthing center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS.
(c) As soon as reasonably practicable but not later than 24 hours after the provider takes possession of the child, report that possession to an agency which provides child welfare services, if the provider is not an agency which provides child welfare services, and, if the provider is not a law enforcement agency, to a law enforcement agency. The law enforcement agency shall notify the Clearinghouse and investigate further, if necessary, using any other resources to determine whether the child has been reported as a missing child. Upon conclusion of the investigation, the law enforcement agency shall inform the agency which provides child welfare services of its determination. The agency which provides child welfare services shall maintain that information for statistical and research purposes.
(d) Except as otherwise provided in this paragraph, transfer any information that the provider of emergency services has obtained regarding the child and any parent of the child who did not deliver the child to the provider to the agency which provides child welfare services that takes the child into protective custody pursuant to NRS 432B.390, except that any identifying information relating to the parent who delivered the child to the provider must not be transferred to the agency which provides child welfare services, regardless of whether the parent has requested anonymity. The provisions of this paragraph do not prohibit a provider of emergency services from transferring identifying information relating to the parent to the agency which provides child welfare services if the agency has reasonable cause to believe that the child has been abused or neglected.
3. A parent who delivers a child to a provider of emergency services pursuant to paragraph (a) of subsection 1:
(a) Shall leave the child:
(1) In the physical possession of a person who the parent has reasonable cause to believe is an employee of the provider; or
(2) On the property of the provider in a manner and location that the parent has reasonable cause to believe will not threaten the physical health or safety of the child, and immediately contact the provider, through the local emergency telephone number or otherwise, and inform the provider of the delivery and location of the child. A provider of emergency services is not liable for any civil damages as a result of any harm or injury sustained by a child after the child is left on the property of the provider pursuant to this subparagraph and before the provider is informed of the delivery and location of the child pursuant to this subparagraph or the provider takes physical possession of the child, whichever occurs first.
(b) Shall be deemed to have given consent to the performance of all necessary emergency services and care for the child.
(c) Must not be required to provide any background or medical information regarding the child, but may voluntarily do so.
(d) Unless there is reasonable cause to believe that the child has been abused or neglected, excluding the mere fact that the parent has delivered the child to the provider pursuant to subsection 1:
(1) Must not be required to disclose any identifying information, but may voluntarily do so;
(2) Must be allowed to leave at any time; and
(3) Must not be pursued or followed.
4. As used in this section:
(a) "Clearinghouse" has the meaning ascribed to it in NRS 432.150.
(b) "Provider of emergency services" means:
(1) A hospital, a freestanding birthing center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS;
(2) A public fire-fighting agency, including, without limitation, a volunteer fire department;
(3) A law enforcement agency;
(4) An ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS; or
(5) An agency which provides child welfare services.
(Added to NRS by 2001, 1254; A 2001 Special Session, 56; 2003, 236; 2011, 1932; 2013, 1090; 2017, 681; 2021, 3444, effective January 1, 2022)
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.