Nevada § 432B.6076 - Petition to continue admission: Consent; hearing; findings and order; transmission of record to Central Repository

§ 432B.6076. Petition to continue admission: Consent; hearing; findings and order; transmission of record to Central Repository

1. A child who is the subject of a petition submitted pursuant to NRS 432B.6075 may, after conferring with his or her attorney, submit to the court written consent,

or provide oral consent in the record of the court, to continue the emergency admission. Upon receiving such consent, the court may order the continuation of the emergency

admission if it finds that continuing the emergency admission is in the best interests

of the child. 2. A court that receives a petition submitted pursuant to NRS 432B.6075 to continue the emergency admission of a child alleged to be a child with an emotional

disturbance to a facility shall conduct a hearing on the petition, unless otherwise

ordered by the court. 3. Except as otherwise provided in subsection 1, a court may order the continuation

of the emergency admission of a child with respect to whom a petition was filed pursuant

to NRS 432B.6075 to a facility only if the court finds by clear and convincing evidence that the child: (a) Is a child with an emotional disturbance; and (b) Is a person in a mental health crisis, as defined in NRS 433A.0175 , and presents a substantial likelihood of serious harm to himself or herself or others,

as determined pursuant to NRS 433A.0195 , if discharged to a less restrictive appropriate environment. 4. The court shall issue a written order on a petition submitted pursuant to NRS 432B.6075 . If the court: (a) Orders the continuation of the emergency admission, the order must include specific

findings concerning each factor prescribed by subsection 3. (b) Does not order the continuation of the emergency admission, the court must enter

its findings to that effect and order the discharge of the child from the facility. 5. Except as otherwise provided in subsection 6, if the court issues an order to continue

the emergency admission of a child who is 16 years of age or older to a facility pursuant

to this section, the court must, notwithstanding any other provision of law requiring

the court to seal a court record relating to a proceeding conducted pursuant to NRS 432B.607 to 432B.6085 , inclusive, cause, within 5 business days after the order becomes final pursuant

to this section, on a form prescribed by the Department of Public Safety, a record

of the order to be transmitted to the Central Repository for Nevada Records of Criminal

History, along with a statement indicating that the record is being transmitted for

inclusion in each appropriate database of the National Instant Criminal Background

Check System. 6. The provisions of subsection 5 do not apply if the child with respect to whom the

proceeding was held voluntarily seeks treatment and stipulates to his or her admission

to a facility. 7. As used in this section, “ National Instant Background Check System ” has the meaning ascribed to it in NRS 179A.062 .