Nevada Revised Statutes 432B.3903 – Agency which provides child welfare services or designee authorized to request issuance of warrant to place child in protective custody if child needs protection but threat is not imminent
1. An agency which provides child welfare services or its designee may request that the court issue a warrant to place a child in protective custody if there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect but the threat is not imminent in the time it would take to obtain a warrant.
Terms Used In Nevada Revised Statutes 432B.3903
- 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. If the court, after review of a verified statement or sworn testimony presented by the agency which provides child welfare services or its designee, finds that there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect, the court may issue a warrant authorizing the child to be placed in protective custody.
3. The warrant to place a child in protective custody:
(a) Must include a finding that it is contrary to the welfare of the child to remain in the home;
(b) Must identify the basis for the finding that there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect;
(c) Must authorize the agency which provides child welfare services or its designee to immediately place the child in protective custody; and
(d) May, if there is reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm, authorize an agent or officer of a law enforcement agency or an agent or officer of a local juvenile probation department or the local department of juvenile services to assist the agency which provides child welfare services or its designee in placing the child in protective custody.
4. A warrant issued pursuant to this section:
(a) Is enforceable in any jurisdiction in this State; and
(b) Is valid for 10 days after the date of issuance, unless otherwise specified in the warrant.
5. A copy of a warrant issued pursuant to this section must be provided to the parent, guardian or custodian of a child placed in protective custody.
6. The provisions of this section do not preclude an agency which provides child welfare services or its designee that has obtained a warrant pursuant to this section from requesting a subsequent warrant if there remains reasonable cause to believe that the child is in need of protection from injury, abuse or neglect.
7. If a warrant issued pursuant to this section is executed, a hearing on protective custody must be held in accordance with the provisions of NRS 432B.470 and 432B.480.
8. The application for the warrant and the warrant must be filed with the clerk of the court.