NAC 433B

NAC 433B Additional Provisions Relating to Children

This chapter establishes requirements for Nevada treatment facilities and division facilities that accept court-committed children with emotional disturbance. Courts must consider specified factors—including gender identity, facility policy compliance, and clinical recommendations—before committing a child. Every such facility must adopt and implement a written policy ensuring that court-committed children are treated in all respects consistent with their gender identity or expression, including procedures for housing assignments, staff conduct, anti-bullying protections, and prohibitions on certain restrictive practices.

[Rev. 4/13/2026 12:53:10 PM]

[NAC-433B Revised Date: 8-21]

CHAPTER 433B - ADDITIONAL PROVISIONS
RELATING TO CHILDREN

CHILDREN WITH EMOTIONAL DISTURBANCE

433B.100
 Factors for court to consider before
committing child to treatment facility or other division facility.

433B.110
 Treatment facility or other division
facility to which child is committed by court order required to adopt policy to
treat child in accordance with gender identity or expression.

CHILDREN WITH EMOTIONAL DISTURBANCE

NAC 433B.100
  
Factors for court to consider before committing child to
treatment facility or other division facility.

(
NRS
433B.325
)
  
Before
committing a child with an emotional disturbance to a treatment facility or
other division facility, a court shall consider, without limitation:

 1.  The gender identity or expression of the
child;

 2.  Whether the facility has adopted the
policy required by 
NAC 433B.110
;

 3.  The ability of the facility to meet the
needs of the child;

 4.  Any information provided to the court
pursuant to subsection 4 of 
NRS
432B.6077
; and

 5.  Any recommendations concerning the
appropriate environment for the child from: 

 (a) Psychologists, psychiatrists or other
physicians who have evaluated the child; and

 (b) Clinical social workers, other professionals
and adult caretakers who have interacted with the child.

 (Added to NAC by Div. of Child & Fam. Services by
R122-18, eff. 10-25-2018)

NAC 433B.110
  
Treatment facility or other division facility to which child is
committed by court order required to adopt policy to treat child in accordance
with gender identity or expression.
 (
NRS
433B.325
)
  
Each
treatment facility or other division facility into which a child may be
committed by a court order shall adopt a policy to ensure that each child who
is committed to the facility by a court order is treated in all respects in
accordance with the child’s gender identity or expression. The policy must
include, without limitation:

 1.  A procedure that the facility will use to
determine the sexual orientation and gender identity or expression of the
child. Such a determination must be based on self-reporting from the child that
is conducted in a respectful and developmentally appropriate manner.

 2.  A procedure for responding to the gender
identity or expression of the child while the child is committed to the
facility, including, without limitation, determination of housing assignments
and placement within the facility with consideration for the wishes of the
child and any recommendations concerning the treatment of the child.

 3.  The rights of each child to be free from
bullying, harassment and abuse because of sexual orientation or gender identity
or expression. 

 4.  A requirement that the staff of the
facility must communicate effectively and professionally with and about each
child, regardless of the sexual orientation or gender identity or expression of
the child.

 5.  Measures to detect and protect each child
from bullying, harassment or abuse and neglect. 

 6.  The identification of resources necessary
for the staff of the facility to support the sexual orientation and gender
identity or expression of each child committed to the facility and measures to
ensure that members of the staff have access to those resources.

 7.  Prohibitions on:

 (a) Members of the staff of the facility examining
the genital area of a child solely to determine the gender of the child;

 (b) Members of the staff of the facility using
language, behavior or gesture that may put a child at risk of bullying,
harassment or abuse or neglect; and

 (c) Placing a child in isolation or another
restrictive setting because of the sexual orientation or gender identity or
expression of the child or to keep the child safe from victimization.

 8.  As used in this section:

 (a) “Abuse” has the meaning ascribed to it in 
NRS 433B.340
.

 (b) “Gender identity or expression” has the meaning
ascribed to it in 
NRS 424.0145
.

 (c) “Neglect” has the meaning ascribed to it in 
NRS 433B.340
.

 (Added to NAC by Div. of Child & Fam. Services by
R122-18, eff. 10-25-2018)