S.B. 372
- *SB372*
SENATE BILL NO. 372–SENATOR STEINBECK
MARCH 17, 2025
____________
Referred to Committee on Health and Human Services
SUMMARY—Revises provisions relating to the care of children.
(BDR 38-662)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to the care of children; revising provisions relating
to the circumstances under which a person is not
considered to have abused or neglected a child or to have
injured, harmed or threatened the health or welfare of a
child; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law: (1) defines the term “abuse or neglect of a child” for the purposes 1
of existing law regarding the protection of children from abuse or neglect; and (2) 2
sets forth certain circumstances in which a child is not considered to be abused or 3
neglected and the health or welfare of the child is not considered to be harmed or 4
threatened, such as when the parent of the child delivers the child to a provider of 5
emergency services in accordance with certain requirements or when the parent or 6
guardian of the child, in good faith, selects and depends upon nonmedical remedial 7
treatment for the child. (NRS 432B.020) Section 1 of this bill adds to the list of 8
such circumstances in which a child is not considered to be abused or neglected and 9
the health or welfare of the child is not considered to be harmed or threatened the 10
circumstances in which the parent or guardian of the child: (1) seeks to have the 11
child admitted into a public or private mental health facility or hospital if 12
the behavioral health needs of the child pose a risk to the safety and welfare of the 13
family; or (2) brings into the home of the child a biological, foster or adoptive child 14
whose behavioral health needs pose a risk to the safety and welfare of the family. 15
Existing law establishes procedures governing the termination of parental 16
rights. (Chapter 128 of NRS) Existing law: (1) defines the term “injury” as it relates 17
to the health and welfare of a child and the termination of parental rights; and (2) 18
sets forth certain circumstances in which the health and welfare of a child are not 19
considered to be injured, such as when the child’s parent or guardian, in the 20
practice of his or her religious beliefs, selects and depends upon nonmedical 21
remedial treatment for the child, if such treatment is recognized and permitted 22
under the laws of this State. (NRS 128.013) Section 2 of this bill adds to the list of 23
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such circumstances in which the health and welfare of a child are not considered to 24
be injured the circumstances in which the parent or guardian of a child: (1) seeks to 25
have the child admitted into a public or private mental health facility or hospital if 26
the behavioral health needs of the child pose a risk to the safety and welfare of the 27
family; or (2) brings into the home of the child a biological, foster or adoptive child 28
whose behavioral health needs pose a risk to the safety and welfare of the family. 29
Existing law: (1) establishes criminal liability relating to abuse or neglect of a 30
child under certain circumstances by prohibiting a person who is responsible for the 31
safety or welfare of a child from permitting or allowing the child to be placed in a 32
situation where the child may suffer unjustifiable physical pain or mental suffering 33
as the result of abuse or neglect; and (2) provides that such a person does not 34
commit such abuse or neglect solely because the person delivers or allows the 35
delivery of a child to a provider of emergency services. (NRS 200.508) Section 4 36
of this bill similarly provides that a person who is responsible for the safety or 37
welfare of a child does not commit abuse or neglect of a child solely because the 38
person: (1) seeks to have the child admitted into a public or private mental health 39
facility or hospital if the behavioral health needs of the child pose a risk to the 40
safety and welfare of the family; or (2) brings into the home of the child a 41
biological, foster or adoptive child whose behavioral health needs pose a risk to the 42
safety and welfare of the family. Section 3 of this bill makes a conforming change 43
to refer to provisions that have been renumbered by section 4. 44
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.020 is hereby amended to read as 1
follows: 2
432B.020 1. “Abuse or neglect of a child” means, except as 3
otherwise provided in subsection 2: 4
(a) Physical or mental injury of a nonaccidental nature; 5
(b) Sexual abuse or sexual exploitation; or 6
(c) Negligent treatment or maltreatment as set forth in 7
NRS 432B.140, 8
of a child caused or allowed by a person responsible for the 9
welfare of the child under circumstances which indicate that the 10
child’s health or welfare is harmed or threatened with harm. 11
2. A child is not abused or neglected, nor is the health or 12
welfare of the child harmed or threatened for the sole reason that: 13
(a) The parent of the child delivers the child to a provider of 14
emergency services pursuant to NRS 432B.630, if the parent 15
complies with the requirements of paragraph (a) of subsection 3 of 16
that section; [or] 17
(b) The parent or guardian of the child, in good faith, selects and 18
depends upon nonmedical remedial treatment for such child, if such 19
treatment is recognized and permitted under the laws of this State in 20
lieu of medical treatment. This paragraph does not limit the court in 21
ensuring that a child receive a medical examination and treatment 22
pursuant to NRS 62E.280 [.] ; 23
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(c) The parent or guardian of the child seeks to have the child 1
admitted into a public or private mental health facility or hospital 2
if the behavioral health needs of the child pose a risk to the safety 3
and welfare of the family; or 4
(d) The parent or guardian of the child brings into the home of 5
the child a biological, foster or adoptive child whose behavioral 6
health needs pose a risk to the safety and welfare of the family. 7
3. As used in this section, “allow” means to do nothing to 8
prevent or stop the abuse or neglect of a child in circumstances 9
where the person knows or has reason to know that a child is abused 10
or neglected. 11
Sec. 2. NRS 128.013 is hereby amended to read as follows: 12
128.013 1. “Injury” to a child’s health or welfare occurs 13
when the parent, guardian or custodian: 14
(a) Inflicts or allows to be inflicted upon the child, physical, 15
mental or emotional injury, including injuries sustained as a result of 16
excessive corporal punishment; 17
(b) Commits or allows to be committed against the child, sexual 18
abuse as defined in NRS 432B.100; 19
(c) Neglects or refuses to provide for the child proper or 20
necessary subsistence, education or medical or surgical care, 21
although he or she is financially able to do so or has been offered 22
financial or other reasonable means to do so; or 23
(d) Fails, by specific acts or omissions, to provide the child with 24
adequate care, supervision or guardianship under circumstances 25
requiring the intervention of: 26
(1) An agency which provides child welfare services; or 27
(2) The juvenile or family court itself. 28
2. A child’s health or welfare is not considered injured solely 29
because [the] : 30
(a) The child’s parent or guardian, in the practice of his or her 31
religious beliefs, selects and depends upon nonmedical remedial 32
treatment for the child, if such treatment is recognized and permitted 33
under the laws of this State [.] ; 34
(b) The parent or guardian of the child seeks to have the child 35
admitted into a public or private mental health facility or hospital 36
if the behavioral health needs of the child pose a risk to the safety 37
and welfare of the family; or 38
(c) The parent or guardian of the child brings into the home of 39
the child a biological, foster or adoptive child whose behavioral 40
health needs pose a risk to the safety and welfare of the family. 41
Sec. 3. NRS 200.359 is hereby amended to read as follows: 42
200.359 1. A person having a limited right of custody to a 43
child by operation of law or pursuant to an order, judgment or 44
decree of any court, including a judgment or decree which grants 45
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another person rights to custody or visitation of the child, or any 1
parent having no right of custody to the child, who: 2
(a) In violation of an order, judgment or decree of any court 3
willfully detains, conceals or removes the child from a parent, 4
guardian or other person having lawful custody or a right of 5
visitation of the child; or 6
(b) In the case of an order, judgment or decree of any court that 7
does not specify when the right to physical custody or visitation is to 8
be exercised, removes the child from the jurisdiction of the court 9
without the consent of either the court or all persons who have the 10
right to custody or visitation, 11
is guilty of a category D felony and shall be punished as provided 12
in NRS 193.130. 13
2. Except as otherwise provided in this subsection, a parent 14
who has joint legal and physical custody of a child pursuant to NRS 15
125C.0015 shall not willfully conceal or remove the child from the 16
custody of the other parent with the specific intent to frustrate the 17
efforts of the other parent to establish or maintain a meaningful 18
relationship with the child. A person who violates this subsection 19
shall be punished as provided in subsection 1 unless the person 20
demonstrates to the satisfaction of the court that he or she violated 21
this subsection to protect the child or himself or herself from an act 22
that constitutes domestic violence pursuant to NRS 33.018. 23
3. If the mother of a child has primary physical custody 24
pursuant to subsection 2 of NRS 125C.003, the father of the child 25
shall not willfully conceal or remove the child from the physical 26
custody of the mother. If the father of a child has primary physical 27
custody pursuant to subsection 2 of NRS 125C.003, the mother of 28
the child shall not willfully conceal or remove the child from the 29
physical custody of the father. A person who violates this subsection 30
shall be punished as provided in subsection 1. 31
4. A parent who has joint physical custody of a child pursuant 32
to an order, judgment or decree of a court shall not relocate with the 33
child pursuant to NRS 125C.0065 without the written consent of the 34
non-relocating parent or before the court enters an order granting 35
the parent primary physical custody of the child and permission to 36
relocate with the child, as applicable. A person who violates this 37
subsection shall be punished as provided in subsection 1. 38
5. A parent who has primary physical custody of a child 39
pursuant to an order, judgment or decree of a court shall not relocate 40
with the child pursuant to NRS 125C.006 without the written 41
consent of the non-relocating parent or the permission of the court. 42
A person who violates this subsection shall be punished as provided 43
in subsection 1. 44
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6. Before an arrest warrant may be issued for a violation of this 1
section, the court must find that: 2
(a) This is the home state of the child, as defined in NRS 3
125A.085; and 4
(b) There is cause to believe that the entry of a court order in a 5
civil proceeding brought pursuant to chapter 125, 125A or 125C of 6
NRS will not be effective to enforce the rights of the parties and 7
would not be in the best interests of the child. 8
7. Upon conviction for a violation of this section, the court 9
shall order the defendant to pay restitution for any expenses incurred 10
in locating or recovering the child. 11
8. The prosecuting attorney may recommend to the judge that 12
the defendant be sentenced as for a misdemeanor and the judge may 13
impose such a sentence if the judge finds that: 14
(a) The defendant has no prior conviction for this offense and 15
the child has suffered no substantial harm as a result of the offense; 16
or 17
(b) The interests of justice require that the defendant be 18
punished as for a misdemeanor. 19
9. A person who aids or abets any other person to violate this 20
section shall be punished as provided in subsection 1. 21
10. In addition to the exemption set forth in subsection 11, 22
subsections 4 and 5 do not apply to a person who demonstrates a 23
compelling excuse, to the satisfaction of the court, for relocating 24
with a child in violation of NRS 125C.006 or 125C.0065. 25
11. This section does not apply to a person who detains, 26
conceals, removes or relocates with a child to protect the child from 27
the imminent danger of abuse or neglect or to protect himself or 28
herself from imminent physical harm, and reported the detention, 29
concealment, removal or relocation to a law enforcement agency or 30
an agency which provides child welfare services within 24 hours 31
after detaining, concealing, removing or relocating with the child, or 32
as soon as the circumstances allowed. As used in this subsection: 33
(a) “Abuse or neglect” has the meaning ascribed to it in 34
paragraph (a) of subsection [4] 5 of NRS 200.508. 35
(b) “Agency which provides child welfare services” has the 36
meaning ascribed to it in NRS 432B.030. 37
Sec. 4. NRS 200.508 is hereby amended to read as follows: 38
200.508 1. A person who willfully causes a child who is less 39
than 18 years of age to suffer unjustifiable physical pain or mental 40
suffering as a result of abuse or neglect or to be placed in a situation 41
where the child may suffer physical pain or mental suffering as the 42
result of abuse or neglect: 43
(a) If substantial bodily or mental harm results to the child: 44
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(1) If the child is less than 14 years of age and the harm is the 1
result of sexual abuse or exploitation, is guilty of a category A 2
felony and shall be punished by imprisonment in the state prison for 3
life with the possibility of parole, with eligibility for parole 4
beginning when a minimum of 15 years has been served; or 5
(2) In all other such cases to which subparagraph (1) does not 6
apply, is guilty of a category B felony and shall be punished by 7
imprisonment in the state prison for a minimum term of not less 8
than 2 years and a maximum term of not more than 20 years; or 9
(b) If substantial bodily or mental harm does not result to the 10
child: 11
(1) If the person has not previously been convicted of a 12
violation of this section or of a violation of the law of any other 13
jurisdiction that prohibits the same or similar conduct, is guilty of a 14
category B felony and shall be punished by imprisonment in the 15
state prison for a minimum term of not less than 1 year and a 16
maximum term of not more than 6 years; or 17
(2) If the person has previously been convicted of a violation 18
of this section or of a violation of the law of any other jurisdiction 19
that prohibits the same or similar conduct, is guilty of a category B 20
felony and shall be punished by imprisonment in the state prison for 21
a minimum term of not less than 2 years and a maximum term of not 22
more than 15 years, 23
unless a more severe penalty is prescribed by law for an act or 24
omission that brings about the abuse or neglect. 25
2. A person who is responsible for the safety or welfare of a 26
child pursuant to NRS 432B.130 and who permits or allows that 27
child to suffer unjustifiable physical pain or mental suffering as a 28
result of abuse or neglect or to be placed in a situation where the 29
child may suffer physical pain or mental suffering as the result of 30
abuse or neglect: 31
(a) If substantial bodily or mental harm results to the child: 32
(1) If the child is less than 14 years of age and the harm is the 33
result of sexual abuse or exploitation, is guilty of a category A 34
felony and shall be punished by imprisonment in the state prison for 35
life with the possibility of parole, with eligibility for parole 36
beginning when a minimum of 10 years has been served; or 37
(2) In all other such cases to which subparagraph (1) does not 38
apply, is guilty of a category B felony and shall be punished by 39
imprisonment in the state prison for a minimum term of not less 40
than 2 years and a maximum term of not more than 20 years; or 41
(b) If substantial bodily or mental harm does not result to the 42
child: 43
(1) If the person has not previously been convicted of a 44
violation of this section or of a violation of the law of any other 45
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jurisdiction that prohibits the same or similar conduct, is guilty of a 1
gross misdemeanor; or 2
(2) If the person has previously been convicted of a violation 3
of this section or of a violation of the law of any other jurisdiction 4
that prohibits the same or similar conduct, is guilty of a category C 5
felony and shall be punished as provided in NRS 193.130, 6
unless a more severe penalty is prescribed by law for an act or 7
omission that brings about the abuse or neglect. 8
3. A person does not commit a violation of subsection 1 or 2 by 9
virtue of the sole fact that the person delivers or allows the delivery 10
of a child to a provider of emergency services pursuant to 11
NRS 432B.630. 12
4. A person who is responsible for the safety or welfare of a 13
child pursuant to NRS 432B.130 does not commit a violation of 14
subsection 1 or 2 by virtue of the sole fact that: 15
(a) The person seeks to have the child admitted into a public or 16
private mental health facility or hospital if the behavioral health 17
needs of the child pose a risk to the safety and welfare of the 18
family; or 19
(b) The person brings into the home of the child a biological, 20
foster or adoptive child whose behavioral health needs pose a risk 21
to the safety and welfare of the family. 22
5. As used in this section: 23
(a) “Abuse or neglect” means physical or mental injury of a 24
nonaccidental nature, sexual abuse, sexual exploitation, negligent 25
treatment or maltreatment of a child under the age of 18 years, as set 26
forth in paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 27
432B.140 and 432B.150, under circumstances which indicate that 28
the child’s health or welfare is harmed or threatened with harm. 29
(b) “Allow” means to do nothing to prevent or stop the abuse or 30
neglect of a child in circumstances where the person knows or has 31
reason to know that the child is abused or neglected. 32
(c) “Permit” means permission that a reasonable person would 33
not grant and which amounts to a neglect of responsibility attending 34
the care, custody and control of a minor child. 35
(d) “Physical injury” means: 36
(1) Permanent or temporary disfigurement; or 37
(2) Impairment of any bodily function or organ of the body. 38
(e) “Substantial mental harm” means an injury to the intellectual 39
or psychological capacity or the emotional condition of a child as 40
evidenced by an observable and substantial impairment of the ability 41
of the child to function within his or her normal range of 42
performance or behavior. 43
H