Nevada Revised Statutes 432B.575 – Notice of placement of child in qualified residential treatment program; hearing and review of placement; written determination by court
1. Not later than 72 hours after an agency which provides child welfare services places a child who is in the custody of the agency which provides child welfare services in a qualified residential treatment program, the agency which provides child welfare services shall file written notice of the placement with the court and serve such notice upon each party to the proceedings concerning the child being conducted pursuant to this section, NRS 432B.410 to 432B.590, inclusive.
Terms Used In Nevada Revised Statutes 432B.575
- 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.
2. Not later than 60 days after a child is placed in a qualified residential treatment program, the court shall conduct a hearing to review the status of the child and determine the appropriateness of the placement.
3. At the hearing held pursuant to subsection 2, as part of each review conducted pursuant to NRS 432B.580 and at each hearing held pursuant to 432B.590 for the duration of the placement in the qualified residential treatment program, the court shall:
(a) Review the assessment of the child; and
(b) Determine whether to approve or disapprove the placement.
4. A court may approve placement of a child in a qualified residential treatment program only if it finds by a preponderance of the evidence that placement in the qualified residential treatment program is:
(a) The least restrictive appropriate environment for the child, including, without limitation, that:
(1) Placement in a lower level of care is not capable of meeting the needs of the child; and
(2) The qualified residential treatment program provides the most effective care and appropriate care and treatment for the child; and
(b) Consistent with the short term and long term goals of the child’s treatment.
5. After the court conducts a review pursuant to this section, the court shall issue a written determination concerning whether to approve the continued placement of the child in the qualified residential treatment program which must include, without limitation, written findings on each factor listed in subsection 4.
6. If a court disapproves the continued placement of a child in a qualified residential treatment program, the court:
(a) Shall order the agency which provides child welfare services to place the child in a less restrictive appropriate placement; and
(b) May make any other order that it determines to be in the best interest of the child.