Nev. Rev. Stat. § 432B.NEW

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 432B.NEW - [Newly enacted section not yet numbered] [Consent for nonemergency mental health treatment; hearing; orders]
1. A child who is the subject of a petition pursuant to section 37 of this act may, after conferring with his or her attorney, submit to the court written consent, or provide oral consent in the record of the court, to nonemergency mental health treatment. Upon receiving such consent, the court shall order the admission of the child to a facility for such treatment if it finds that the treatment is in the best interests of the child.
2. A court that receives a petition pursuant to section 37 of this act for the court-ordered admission of a child alleged to be a child with an emotional disturbance to a facility for nonemergency mental health treatment shall conduct a hearing on the petition, unless otherwise ordered by the court.
3. A court may order the admission of a child with respect to whom a petition was filed pursuant to section 37 of this act to a facility only if the court finds that there is clear and convincing evidence that the child:
(a) Is a child with an emotional disturbance;
(b) Because of that condition, presents a substantial likelihood of serious harm to himself or herself or others if allowed liberty; and
(c) Cannot be treated in a less restrictive environment that is appropriate for the child.
4. The court shall issue a written order on a petition submitted pursuant to section 37 of this act. The order must include, without limitation, specific findings concerning each factor prescribed by subsection 3. The order must be interlocutory and is subject to regular review pursuant to section 41 of this act.

NRS 432B.NEW

Added by 2023, Ch. 397,§38, eff. 10/1/2023, app. to any child in the custody of an agency which provides child welfare services who has been admitted to a facility and whose status is not that of an emergency consumer on or after 10/1/2023, regardless of the date on which he or she was admitted.