NAC432B.260. Determination to take child into protective custody.

     1. Before taking a child into temporary protective custody, an agency which provides child welfare services must determine the risk to the child if temporary protective custody is not taken and the child is left in the custody of his or her parents. The staff of the agency must consider:

     (a) Whether there is a history of severe abuse or neglect in the family.

     (b) Whether current abuse or neglect is severe.

     (c) Whether the potential for future severe abuse or neglect is high.

     (d) Whether the physical environment poses an immediate threat to the child’s life and health.

     (e) Whether the child is in need of immediate medical attention.

     (f ) Whether the parents are likely to flee the jurisdiction with the child.

     (g) The ability and willingness of the parents to protect and care for the child.

     (h) The ability of the child to care for himself.

     2. If a child is in imminent danger, he must be taken into protective custody before proceeding with the investigation or at whatever point in the process it becomes necessary.

     [Welfare Div., Standards for Child Protective Services part Art. III-H, eff. 9-11-87]