Nevada Revised Statutes 432B.6075 – Petition to continue admission: Filing; certificate or statement of alleged emotional disturbance; opposition
1. 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:
Terms Used In Nevada Revised Statutes 432B.6075
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
(a) 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 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.