Section 432B.6075 - Petition: Filing; certificate or statement of alleged emotional disturbance1. If a child with an emotional disturbance who is in the custody of an agency which provides child welfare services is admitted to a facility under an emergency admission and the child has not been released within 5 days after the admission, the agency which provides child welfare services shall file a petition to continue the emergency admission, not later than 5 days after the admission, with the clerk of the court which has jurisdiction in proceedings concerning the child. The petition may be filed by the agency which provides child welfare services without the consent of a parent or guardian of the child. The petition must be accompanied by a certificate of a physician, a psychiatrist , a psychologist or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120:
(a) Stating that the physician, psychiatrist , psychologist or advanced practice registered nurse has examined the child who is the subject of the petition and has concluded that the child is a child with an emotional disturbance and, because of that condition, the child is a person in a mental health crisis, as defined in NRS 433A.0175, and presents a substantial likelihood of serious harm to himself or herself or others, as determined pursuant to NRS 433A.0195, if discharged to a less restrictive appropriate environment and includes, if available, the date on which the child will be discharged from the emergency admission to the facility; or
(b) By a sworn written statement by the petitioner that the child is:(1) A person in a mental health crisis, as defined in NRS 433A.0175, and presents a substantial likelihood of serious harm to herself or himself or others, as determined pursuant to NRS 433A.0195, if discharged to a less restrictive appropriate environment; and(2) Is alleged to be a child with an emotional disturbance and has refused to submit to examination or treatment by a physician, psychiatrist, psychologist or advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120.2. A child who is the subject of a petition filed pursuant to this section or the parent or guardian of such a child may oppose the petition: (a) Orally at a hearing on the petition; or(b) By filing a written opposition with the court.Added to NRS by 2005, 1318; A 2009, 410Amended by 2023, Ch. 397,§54, eff. 10/1/2023, app. to any child in the custody of an agency which provides child welfare services ho has been admitted to a facility and whose status is that of an emergency consumer on or after 10/1/2023, regardless of the date on which he or she was admitted.Added to NRS by 2005, 1318; A 2009, 410