NAC432B.160. Conduct and use of evaluation and investigation of report; determination and protection of immediate safety of child.

     1. An evaluation or investigation required by NAC 432B.150 must be conducted in such a manner as to determine how the child is being affected by the situation and whether the child is:

     (a) Currently safe;

     (b) At risk of abuse or neglect; or

     (c) Threatened with harm.

     2. In determining whether the child is currently safe, the agency which provides child welfare services shall consider the circumstances of the entire family, including, without limitation:

     (a) The age of the child;

     (b) Any exceptional needs of the child that the caretaker cannot satisfy, including, without limitation, needs relating to behavioral or medical problems;

     (c) The need of the child for medical care;

     (d) Any need of the child for food, clothing, shelter or protection from environmental hazards;

     (e) An observation of anxious or fearful behavior on the part of the child when the child is in the presence of the caretaker or another person;

     (f ) Any refusal by the family to allow the agency which provides child welfare services access to the child who is the subject of the evaluation or investigation or other children in the household or whether the agency has reason to believe that the family may flee;

     (g) Whether the child has sustained a serious injury for which there is no reasonable or credible explanation;

     (h) Whether a weapon or other object was used in any act of maltreatment of the child who is the subject of the evaluation or investigation;

     (i) Whether an adult caretaker, any member of the household who resides in the home, or a person with frequent access to the household in which the child who is the subject of the evaluation or investigation resides has a history that includes any act of maltreatment of a child, violence, including, without limitation, domestic violence, or has any other behavioral indicators that may suggest that the child is in immediate danger;

     ( j) Whether the agency has received multiple reports concerning the safety of the child pursuant to NRS 432B.220 or from a law enforcement agency;

     (k) Whether the caretaker of the child who is the subject of the evaluation or investigation refers to the child in an extremely derogative or negative manner or has acted threateningly towards the child either verbally or physically;

     (l) Whether the caretaker of the child or any other person who frequently visits the household in which the child who is the subject of the evaluation or investigation resides acts in a violent manner or threatens violence;

     (m) Whether safety risks are created because of a caretaker’s lack of knowledge, skill or motivation relating to parenting;

     (n) Whether the actions or behaviors of the caretaker of the child appear to be symptomatic of a mental or physical illness;

     (o) Any justification by the caretaker of the child relating to the harmful behavior of the caretaker or the harmful behavior of other persons;

     ( p) Whether there has been any change or improvement in the behavior of the caretaker of the child after child welfare services have been provided to the caretaker;

     (q ) Whether the caretaker of the child is unable or unwilling to satisfy the immediate needs of the child for food, clothing or shelter;

     (r) Any environmental hazards;

     (s) Any suspected or immediate abuse of drugs or alcohol by the caretaker of the child; and

     (t ) Such other information as the agency considers necessary to make its determination.

     3. If the agency determines that the child is unsafe in his home, the agency shall establish a safety plan to address the immediate safety concerns of the child. The plan:

     (a) Must be established, if possible, to allow the child to remain in his home;

     (b) Must be time-limited; and

     (c) May include removal of the child from his home initially or as a result of a violation of the plan.

     4. After the agency addresses the immediate safety concerns of the child who is the subject of the evaluation or investigation, the agency shall:

     (a) Evaluate whether the parents have the capacity to change and to provide adequate care, and can begin to use the help of social work in meeting the problem, or whether, in the interest of the child, legal action must be taken to remove the child from the situation and to obtain suitable care; and

     (b) Use the evaluation or investigation as a basis for future treatment of the problems of the parents and child.

     5. When conducting an evaluation or investigation required by NAC 432B.150, a person shall:

     (a) Prepare appropriate documentation;

     (b) Apply his knowledge of and sensitivity about different family lifestyles, child-rearing patterns and cultural and ethnic differences among families;

     (c) Assess the environmental factors within the home, school, neighborhood and community that have an impact on the family;

     (d) Confront and resolve conflicting opinions and values regarding appropriate standards of care for children, and exercise professional judgment without being judgmental;

     (e) Establish priorities for assessment based on the evaluation of risk to the child;

     (f ) Demonstrate the ability to make decisions which take into account the rights and needs of children, parents and families;

     (g) Commit to persistent outreach and offers of supportive and concrete services, even to hostile, resistant or apathetic families; and

     (h) Recognize the limits of child welfare services and the parents’ right to be free of involuntary services when there is no risk to the child.

     [Welfare Div., Standards for Child Protective Services part Art. III-B, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R221-97, 6-5-98; E001-01, 6-28-2001; R083-01, 10-31-2001; R045-02, 7-23-2002)