Nevada Revised Statutes 432B.480 – Hearing: Court required to advise parties of rights; determinations by court; order to continue custody or release child
1. At each hearing conducted pursuant to NRS 432B.470:
Terms Used In Nevada Revised Statutes 432B.480
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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) At the commencement of the hearing, the court shall advise the parties of their right to be represented by an attorney and of their right to present evidence.
(b) The court shall determine whether there is reasonable cause to believe that it would be:
(1) Contrary to the welfare of the child for the child to reside at his or her home; or
(2) In the best interests of the child to place the child outside of his or her home. The court shall prepare an explicit statement of the facts upon which each of its determinations is based. The court shall not make an affirmative finding regarding either subparagraph (1) or (2) solely because the person responsible for the welfare of the child is deaf, is blind, as defined in NRS 426.082, or has another physical disability or is the holder of a valid registry identification card. If the court makes an affirmative finding regarding either subparagraph (1) or (2), the court shall issue an order keeping the child in protective custody pending a disposition by the court.
(c) The court shall determine whether the child has been placed in a home or facility that complies with the requirements of NRS 432B.3905. If the placement does not comply with the requirements of NRS 432B.3905, the court shall establish a plan with the agency which provides child welfare services for the prompt transfer of the child into a home or facility that complies with the requirements of NRS 432B.3905.
2. If the court issues an order keeping the child in protective custody pending a disposition by the court and it is in the best interests of the child, the court may:
(a) Place the child in the temporary custody of a grandparent, great-grandparent or other person related within the fifth degree of consanguinity to the child who the court finds has established a meaningful relationship with the child, with or without supervision upon such conditions as the court prescribes, regardless of whether the relative resides within this State; or
(b) Grant the grandparent, great-grandparent or other person related within the fifth degree of consanguinity to the child a reasonable right to visit the child while the child is in protective custody.
3. If the court finds that the best interests of the child do not require that the child remain in protective custody, the court shall order the immediate release of the child.
4. If a child is placed with any person who resides outside this State, the placement must be in accordance with NRS 127.330.
5. As used in this section, ‘holder of a valid registry identification card’ means a person who holds a valid registry identification card as defined in NRS 678C.080 that identifies the person as:
(a) Exempt from state prosecution for engaging in the medical use of cannabis; or
(b) A designated primary caregiver as defined in NRS 678C.040.