Nev. Admin. Code § 62B.085 - Establishment of procedure by institution or agency to ensure appropriate placement of child in accordance with gender identity or expression

Current through March 28, 2022

1. Each institution or agency shall establish a procedure that, at a minimum, ensures:
(a) A determination of the gender identity or expression or sexual orientation of a child who is held at the institution or in the custody or control of the agency is made in a manner that is primarily based on self-reporting from the child and is respectful and developmentally appropriate.
(b) Responsiveness to the gender identity or expression of a child who is held at the institution or in the custody or control of the agency with regard to, without limitation:
(1) A determination concerning arrangements for housing, including, without limitation, arrangements for housing that:
(I) Align with the gender identity or expression of the child;
(II) Take into consideration the wishes of the child; and
(III) Take into consideration the health and safety of the child; and
(2) Access to privacy while showering, changing clothes and using the bathroom facility.
(c) A child who is held at the institution or in the custody or control of the agency is free from abuse or neglect and bullying or harassment that is based on the gender identity or expression of the child.
(d) The staff of the institution or agency is instructed on how to detect, respond to and protect a child who is held at the institution or in the custody or control of the agency from any threatened or actual abuse or neglect, bullying or harassment.
(e) The staff of the institution or agency is instructed on how to communicate effectively and professionally with and about a child who is held at the institution or in the custody or control of the agency, regardless of the gender identity or expression or sexual orientation of the child.
(f) Resources necessary to support the gender identity or expression and sexual orientation of all children held at the institution or in the custody or control of the agency are identified and provided to the children.
(g) Except as otherwise provided in this paragraph or as otherwise required by state or federal law, the gender identity or expression or sexual orientation of a child who is held at the institution or in the custody or control of the agency is not disclosed without the consent of the child. The gender identity or expression or sexual orientation of a child who is held at the institution or in the custody or control of the agency may be disclosed in limited circumstances, as recommended by a mental health professional, without the consent of the child if the superintendent of the state facility for the detention of children or the director of juvenile services has determined, based on the recommendation of the mental health professional, that such a disclosure is in the best interest of the child and the disclosure is limited to the circumstances recommended by the mental health professional.
(h) The staff of the institution or agency is prohibited from conducting a physical examination of the genitals or pubic area of a child who is held at the institution or in the custody or control of the agency solely to determine the gender of the child.
(i) A child who is held at the institution or in the custody or control of the agency is not placed in isolation or restrictive settings based on the gender identity or expression or sexual orientation of the child, including, without limitation, the use of such a placement as a means of protecting the child.
2. As used in this section:
(a) "Director of juvenile services" has the meaning ascribed to it in NRS 62A.080.
(b) "Mental health professional" means a person licensed in the State of Nevada as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor or clinical social worker.
(c) "Superintendent of the state facility for the detention of children" means the person appointed to the position created pursuant to NRS 63.100.

Notes

Nev. Admin. Code § 62B.085
Added to NAC by Div. of Child & Fam. Services by R095-18, eff. 10-25-2018

NRS 62B.212

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