Nevada Revised Statutes 432.548 – Division required to prescribe procedure for filing and resolving grievances against certain entities; out-of-home placement required to inform child of process for filing grievance
1. The Division shall prescribe by regulation:
Terms Used In Nevada Revised Statutes 432.548
- Agency which provides child welfare services: has the meaning ascribed to it in Nevada Revised Statutes 432.010
- Child: means a person who is less than 18 years of age or who remains under the jurisdiction of a court pursuant to Nevada Revised Statutes 432.010
- Division: means the Division of Child and Family Services of the Department. See Nevada Revised Statutes 432.010
- 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
(a) A procedure by which a child or, if applicable, the parent or guardian of a child, may file a grievance concerning a foster care agency, an agency which provides child welfare services, an out-of-home placement, a psychiatric hospital or facility in which a child who is in the custody of an agency which provides child welfare services is placed, a division facility or any public or private institution or agency to which a child is committed by a court; and
(b) A process for resolving those grievances, which must provide for persons who are not directly responsible for the care of the child who filed or is the subject of the grievance to evaluate the grievance and, if such a person determines that the grievance is not frivolous, investigate the grievance and impose remedies. Such remedies must include, without limitation, requiring the agency or placement, facility or institution to make changes to address the grievance, or notifying a regulatory or law enforcement agency with jurisdiction over the agency, placement, facility or institution.
2. An out-of-home placement with which a child in the custody of the agency which provides child welfare services is placed shall:
(a) Inform the child of the process for filing a grievance pursuant to subsection 1;
(b) Provide the child with a summary of that process; and
(c) Provide an additional written copy of the summary upon request.
3. As used in this section:
(a) ’Division facility’ has the meaning ascribed to it in NRS 433B.070.
(b) ’Foster care agency’ has the meaning ascribed to it in NRS 424.0135.
(c) ’Out-of-home placement’ means a foster home or child care facility, as defined in NRS 432A.024, which has physical custody of a child pursuant to the order of a court.