Nevada § 432B.60815 - Petition: Consent to treatment; hearing; findings and order; transmission of record to Central Repository

§ 432B.60815. Petition: Consent to treatment; hearing; findings and order; transmission of record to Central Repository

1. A child who is the subject of a petition pursuant to NRS 432B.60814 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 nonemergency mental health

treatment. Upon receiving such consent, the court shall order the admission of the child to

a facility for such treatment if it finds that the treatment is in the best interests

of the child. 2. A court that receives a petition pursuant to NRS 432B.60814 for the court-ordered admission of a child alleged to be a child with an emotional

disturbance to a facility for nonemergency mental health treatment shall conduct a

hearing on the petition, unless otherwise ordered by the court. 3. A court may order the admission of a child with respect to whom a petition was

filed pursuant to NRS 432B.60814 to a facility only if the court finds that there is clear and convincing evidence

that the child: (a) Is a child with an emotional disturbance; (b) Because of that condition, presents a substantial likelihood of serious harm to

himself or herself or others if allowed liberty; and (c) Cannot be treated in a less restrictive environment that is appropriate for the

child. 4. The court shall issue a written order on a petition submitted pursuant to NRS 432B.60814 . The order must include, without limitation, specific findings concerning each factor

prescribed by subsection 3. The order must be interlocutory and is subject to regular review pursuant to NRS 432B.60818 . 5. Except as otherwise provided in subsection 6, if the court issues an order for

the admission of a child who is 16 years of age or older to a facility for nonemergency

mental health treatment 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 .