Nevada Revised Statutes 432B.317 – Administrative appeal of substantiation of report; hearing
1. A person to whom a written notification is sent pursuant to NRS 432B.315 may request an administrative appeal of the substantiation of the report and the agency’s intention to place the person’s name in the Central Registry by submitting a written request to the agency which provides child welfare services within 15 days after the date on which the agency sent the written notification as required pursuant to NRS 432B.315.
Terms Used In Nevada Revised Statutes 432B.317
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
2. Except as otherwise provided in subsection 3, if an agency which provides child welfare services receives a request for an administrative appeal within 15 days after the agency sent the written notification pursuant to subsection 1, a hearing before a hearing officer must be held in accordance with chapter 233B of NRS.
3. An administrative appeal is stayed upon the receipt of written notification to the agency which provides child welfare services of a pending adjudicatory hearing pursuant to NRS 432B.530 which arose out of the same incident as the incident upon which the report made pursuant to NRS 432B.220 was premised. The stay of the administrative appeal is lifted when:
(a) A final determination is made in the adjudicatory hearing; or
(b) The adjudicatory hearing is dismissed or terminated if the adjudicatory hearing does not result in a final determination being made.
4. If a request for an administrative appeal is not submitted pursuant to subsection 1, the agency which provides child welfare services shall place the person’s name in the Central Registry pursuant to NRS 432B.310.
5. If the hearing officer in a hearing that is held pursuant to this section:
(a) Affirms the substantiation of the report, the agency which provides child welfare services shall place the person’s name in the Central Registry pursuant to NRS 432B.310; or
(b) Rejects the substantiation of the report, the agency which provides child welfare services shall not place the person’s name in the Central Registry pursuant to NRS 432B.310.
6. A conclusive presumption that the substantiation of the report will be affirmed and the person’s name will be placed in the Central Registry pursuant to NRS 432B.310 is established if there is a final determination in an adjudicatory hearing that the child was in need of protection.
7. The decision of a hearing officer in a hearing that is held pursuant to this section is a final decision for the purposes of judicial review.
8. As used in this section, ‘final determination in an adjudicatory hearing’ means a finding made by a court pursuant to subsection 5 of NRS 432B.530 as to whether a child was in need of protection at the time of the removal of the child from the home that is based on the child being subjected to abuse or neglect by the person to whom a written notice was sent pursuant to NRS 432B.315.