SB 306 — Revises provisions relating to mental health services for children. (BDR 39-796)

and 3.

Require approval by an agency which provides child welfare services before receiving the child after discharge.

3.

A public or private inpatient psychiatric treatment facility that admits a child with an emotional disturbance shall establish discharge procedures which prohibit the discharge of the child to a temporary facility unless the temporary facility is the only treatment facility that is available to receive the child.

Sec.

(DeletedNRS by433B.130 amendment.)is Sec.hereby amended to read as follows:

4.433B.130 1.

(DeletedThe byAdministrator amendment.)shall: Sec.

5.(a) Administer, in accordance with the policies established by the Commission, the programs of the Division for the mental health of children.

(b) Establish appropriate policies to ensure that children in division facilities have timely access to clinically appropriate psychotropic medication that are consistent with the provisions of NRS 433B.010432B.197 isand herebyNRS amended432B.4681 to read432B.469, asinclusive, follows:and the policies adopted pursuant thereto.

433B.010(c) AsUpon usedan inorder thisof chapter,a unlessjuvenile thecourt contextpursuant otherwiseto requires,chapter the62E wordsor and432B termsor definedNRS in62D.180 NRSor 433B.02062D.185, accept and provide services to 433B.100,a inclusive,child andwho section[has 2.4been ofdetermined thisto actbe haveincompetent by the meaningsjuvenile ascribedcourt.] tois themsubject into thosethe sections.order.

Sec.(d) Subject to NRS 433B.320, if an order described in paragraph (c) requires the child to be committed to a treatment facility, place the child in the treatment facility not later than 30 days after receipt of the order.

6.

NRS 433B.045 is hereby amended to read as follows:

433B.045 1.

“Child with an emotional disturbance” means a child whose progressive development of personality is interfered with or arrested by mental disorder so that the child shows impairment in the capacity expected of the child for his or her age and endowment for:

[1.] (a) A reasonably accurate perception of the world around him or her;

[2.] (b) Control of his or her impulses;

[3.] (c) Satisfying and satisfactory relationships with others;

[4.] (d) Learning;

or [5.] (e) Any combination of these factors.

The termAdministrator includes,may: without limitation, a child with a severe emotional disturbance.

-(a) *SB306_R2*Appoint –the 4administrative –personnel Sec.necessary to operate the programs of the Division for the mental health of children.

7.- *SB306_R1* – 3 – (b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of any division facilities.

NRS 433B.325 is hereby amended to read as follows:

433B.325 1.

A treatment facility and any other division facility into which a child may be committed by a court order shall treat each child committed to the facility by a court order in all respects in accordance with the child’s gender identity or expression and the regulations adopted by the Division of Child and Family Services pursuant to subsection 2.

2.

The Division of Child and Family Services of the Department shall adopt regulations establishing factors for a court to consider before committing a child to a treatment facility or other division facility and protocols for such a facility to follow when placing a child within the facility to ensure that each child who is so committed is placed in a manner that is appropriate for the gender identity or expression of the child.

Such regulations must be adopted in consultation with:

(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities, mental health facilities and receiving centers or who have resided in such settings;

(b) Representatives of each agency which provides child welfare services in this State;

(c) Representatives of state and local facilities for the detention of children;

(d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;

(e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;

(f) Representatives of juvenile courts and family courts;

(g) Advocates of children;

and (h) Any other person deemed appropriate by the Division.

AIf courtthe shallAdministrator considerfinds thethat factorsit prescribedis innecessary theor regulationsdesirable adoptedthat pursuantany toemployee subsectionreside 2at beforea committingfacility aoperated childby tothe Division or receive meals at such a treatmentfacility, facilityperquisites granted or othercharges divisionfor facility.services rendered to that person are at the discretion of the Director of the Department.

AThe treatmentAdministrator facilitymay orenter otherinto divisionagreements facilitywith tothe whichAdministrator aof childthe isDivision committedof byPublic aand courtBehavioral orderHealth shallof followthe Department or with the protocolsAdministrator prescribedof inthe Aging and treatment of consumers of the regulationsDivision adoptedof pursuantChild toand subsectionFamilye 2and whenServices placingat any facility operated by the childDivision withinof Public and Behavioral Health or the facility.Aging and Disability Services Division, as applicable.

5.

As used in this section:

(a) [“Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

(b)] “Child care facility” has the meaning ascribed to it in NRS 432A.024.

[(c)] (b) “Foster home” has the meaning ascribed to it in NRS 424.014.

- *SB306_R2* – 5 – [(d)] (c) “Gender identity or expression” has the meaning ascribed to it in NRS 424.0145.

[(e)] (d) “Receiving center” has the meaning ascribed to it in NRS 424.0175.

8.4.

NRS 433B.3394433B.310 is hereby amended to read as follows:

433B.3394433B.310 1.[The Administrator may receive any] Subject to NRS 433B.320 and 433B.330, a child with an emotional disturbance may be admitted for treatment [in] at a treatment facility or [any other] division facility if the child is a resident of this State and if:

The1. task force shall:

(a)The Prescribechild proceduresis forcommitted conducting the review by acourt clinicalorder team appointed pursuant to NRS 433B.3396 and the arrangementcustody of the provisionAdministrator ofor services pursuant to thata section;division facility;

(b) Develop and carry out procedures to increase the availability of the services described in subsection 3 of NRS 433B.3396 near their homes;tate to allow children to receive those services in or (c)2. Provide for outreach to and the education of parents and providers of mental health services concerning the services available through the program developed pursuant to NRS 433B.3393;

andThe (d)child’s Makeparent, recommendationsparents toor thelegal Departmentguardian concerningmakes theapplication adoptionfor oftreatment anyfor regulations necessary to carry out the provisionschild. of NRS [433B.3392] 433B.3393 to 433B.3398, inclusive.

2.H - *SB306_R1*

The Department of Health and Human Services shall adopt any regulations necessary to carry out the provisions of NRS [433B.3392] 433B.3393 to 433B.3398, inclusive, including, without limitation, regulations that set forth the manner in which the cost of providing services pursuant to NRS 433B.3396 will be paid.

Those regulations must require the parent or guardian of a child to whom services are provided to use any insurance and otherwise contribute to the cost of such services to the extent of his or her ability.

Sec.

9.

NRS 433B.3392 is hereby repealed.

TEXT OF REPEALED SECTION 433B.3392 “Agency which provides child welfare services” defined.

As used in NRS 433B.3392 to 433B.3398, inclusive, unless the context otherwise requires, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

H - *SB306_R2*