Nev. Rev. Stat. § 432B.6076

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 432B.6076 - [Multiple versions; as amended by 2023, Ch.408 ,§8.5] Findings and order; alternative courses of treatment
1. Except as otherwise provided in NRS 432B.6077, if the court finds, after proceedings for the court-ordered admission of a child alleged to be a child with an emotional disturbance who is in the custody of an agency which provides child welfare services to a facility, including, without limitation, an evidentiary hearing:
(a) That there is not clear and convincing evidence that the child with respect to whom the hearing was held exhibits observable behavior such that the child is likely to harm himself or herself or others if allowed liberty, the court shall enter its finding to that effect and the child must not be admitted to a facility.
(b) That there is clear and convincing evidence that the child with respect to whom the hearing was held is in need of treatment in a facility and is likely to harm himself or herself or others if allowed liberty, the court may order the admission of the child for the most appropriate course of treatment. The order of the court must be interlocutory and must not become final if, within 30 days after the admission, the child is unconditionally released from the facility pursuant to NRS 432B.6084.
2. Before issuing an order for admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive appropriate environment as suggested by the evaluation team who evaluated the child, or other persons professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the child.
3. Except as otherwise provided in subsection 4, if the court issues an order for the admission of a child who is 16 years of age or older to a public or private mental health facility pursuant to this section, the court must, notwithstanding any other provision of law requiring the court to seal a court record relating to a proceeding conducted pursuant to NRS 432B.607 to 432B.6085, inclusive, cause, within 5 business days after the order becomes final pursuant to this section, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
4. The provisions of subsection 3 do not apply if the child with respect to whom the proceeding was held voluntarily seeks treatment and stipulates to his or her admission to a facility.
5. As used in this section, "National Instant Background Check System" has the meaning ascribed to it in NRS 179A.062.

NRS 432B.6076

Added to NRS by 2005, 1318; A 2009, 411
Amended by 2023, Ch. 408,§8.5, eff. 7/1/2023.
Added to NRS by 2005, 1318; A 2009, 411
This section is set out more than once due to postponed, multiple, or conflicting amendments.