Nevada § 432A.1759 - Certain child care facilities required to treat child in accordance with gender identity or expression; regulations concerning placement in facility

§ 432A.1759. Certain child care facilities required to treat child in accordance with gender identity or expression; regulations concerning placement in facility

1. A child care facility which occasionally or regularly has physical custody of children

pursuant to the order of a court, including, without limitation, an emergency shelter,

shall treat each child who is placed in the facility in all respects in accordance

with the child's gender identity or expression. 2. The Division of Child and Family Services of the Department shall adopt regulations

establishing factors for a court to consider before placing a child in the custody

of a child care facility and protocols for a child care facility to follow when placing

a child within the facility that ensure that each child who is so placed 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 of Child and Family Services

of the Department. 3. A court shall consider the factors prescribed in the regulations adopted pursuant

to subsection 2 before placing a child in a child care facility. 4. A child care facility, including, without limitation, an emergency shelter, which

has physical custody of a child pursuant to the order of a court shall follow the

protocols prescribed in the regulations adopted pursuant to subsection 2 when placing

the child within the facility. 5. As used in this section: (a) “Agency which provides child welfare services” has the meaning ascribed to it

in NRS 432B.030 . (b) “Foster home” has the meaning ascribed to it in NRS 424.014 . (c) “Gender identity or expression” has the meaning ascribed to it in NRS 424.0145 . (d) “Receiving center” has the meaning ascribed to it in NRS 424.0175 .