SB306 - Revises provisions relating to mental health services for children. (BDR 39-796)

(Reprinted with amendments adopted on June 1, 2025) FOURTH REPRINT S.B. 306 - *SB306_R4* SENATE BILL NO. 306–SENATOR CRUZ-CRAWFORD MARCH 10, 2025 ____________ JOINT SPONSOR: ASSEMBLYMEMBER MOSCA ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to mental health services for children. (BDR 39-796) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to mental health; establishing a task force to develop recommendations for the creation of a program that provides housing and other services to certain children who are discharged from a treatment facility or certain other facilities or released on parole; revising provisions related to the designation of certain facilities of the Division of Child and Family Services of the Department of Health and Human Services; expanding the applicability of enhanced penalties for assault or battery against certain persons who provide child welfare services or child protective services; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law imposes certain requirements concerning the treatment of a child 1 with an emotional disturbance. (NRS 433B.290-433B.339) 2 Section 2.6 of this bill requires the Division of Child and Family Services of 3 the Department of Health and Human Services to establish a task force to develop 4 recommendations for the creation of a program that provides housing and other 5 services to certain children: (1) who are discharged from a treatment facility or 6 other division facility or who are released on parole or discharged from a state 7 facility for the detention of children; and (2) whose parents or guardians are unable 8 to accept the child back into the home after the discharge or release because of a 9 health or safety risk. Section 2.6 also requires: (1) the Administrator of the Division 10 to appoint representatives of the child welfare, juvenile justice and mental health 11 – 2 – - *SB306_R4* systems to the task force; and (2) the task force to submit its recommendations to 12 the Joint Interim Standing Committee on Health and Human Services. 13 Existing law defines “child with an emotional disturbance” for the purposes of 14 chapter 433B of NRS related to the mental health of children. (NRS 433B.045) 15 Section 6 of this bill revises the definition of “child with an emotional disturbance” 16 to provide that the term includes, without limitation, a child with a severe emotional 17 disturbance. 18 Existing law designates certain facilities of the Division which provide services 19 for the mental health of children for the purposes of chapter 433B of NRS. Section 20 10 of this bill makes various changes to designate the facilities of the Division that 21 currently provide these mental health services to children. 22 Existing law provides that if a person commits an assault upon an officer who 23 is performing his or her duty and the person knew or should have known that the 24 victim was an officer, the person is guilty of: (1) a category B felony if the assault 25 is made with the use of a deadly weapon or the present ability to use a deadly 26 weapon; (2) a category D felony if the person is a probationer, prisoner or parolee; 27 or (3) if neither of those circumstances is present, a gross misdemeanor. (NRS 28 200.471) Additionally, existing law provides that if a person commits a battery 29 upon an officer, and the person knew or should have known that the victim was an 30 officer, the person is guilty of: (1) a category B felony if the battery causes 31 substantial bodily harm or is committed by strangulation; or (2) if those 32 circumstances are not present and no greater penalty is provided by law, a gross 33 misdemeanor. (NRS 200.481) Sections 11 and 12 of this bill revise the definition 34 of “officer” to include an employee of this State or a political subdivision of this 35 State whose normal job responsibilities require the employee to: (1) interact with 36 the public; and (2) perform tasks related to child welfare services or child protective 37 services or other tasks that expose the person to comparable danger. 38 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. (Deleted by amendment.) 1 Sec. 2. (Deleted by amendment.) 2 Sec. 2.2. Chapter 433B of NRS is hereby amended by adding 3 thereto the provisions set forth as sections 2.4 to 3, inclusive, of this 4 act. 5 Sec. 2.4. (Deleted by amendment.) 6 Sec. 2.6. 1. The Division shall establish a task force to 7 develop recommendations for the creation of a program that 8 provides housing and other services to children, including, without 9 limitation, children with an emotional disturbance: 10 (a) Who are: 11 (1) Discharged from a treatment facility or division facility; 12 or 13 (2) Released on parole or discharged from a state facility 14 for the detention of children; and 15 (b) Who do not have access to housing because of the inability 16 of a parent or guardian to accept the child back into the home of 17 the parent or guardian because of a health or safety risk. 18 – 3 – - *SB306_R4* 2. The task force shall submit the recommendations 1 developed pursuant to subsection 1 to the Joint Interim Standing 2 Committee on Health and Human Services on or before July 1 of 3 each even-numbered year. 4 3. The Administrator shall appoint representatives of the 5 child welfare, juvenile justice and mental health systems to the 6 task force. 7 4. The members of the task force shall serve without 8 compensation. 9 5. As used in this section, “state facility for the detention of 10 children” has the meaning ascribed to it in NRS 62A.330. 11 Sec. 2.8. (Deleted by amendment.) 12 Sec. 3. (Deleted by amendment.) 13 Sec. 3.5. (Deleted by amendment.) 14 Sec. 4. (Deleted by amendment.) 15 Sec. 5. (Deleted by amendment.) 16 Sec. 6. NRS 433B.045 is hereby amended to read as follows: 17 433B.045 1. “Child with an emotional disturbance” means a 18 child whose progressive development of personality is interfered 19 with or arrested by mental disorder so that the child shows 20 impairment in the capacity expected of the child for his or her age 21 and endowment for: 22 [1.] (a) A reasonably accurate perception of the world around 23 him or her; 24 [2.] (b) Control of his or her impulses; 25 [3.] (c) Satisfying and satisfactory relationships with others; 26 [4.] (d) Learning; or 27 [5.] (e) Any combination of these factors. 28 2. The term includes, without limitation, a child with a severe 29 emotional disturbance. 30 Sec. 7. (Deleted by amendment.) 31 Sec. 8. (Deleted by amendment.) 32 Sec. 9. (Deleted by amendment.) 33 Sec. 10. NRS 433B.110 is hereby amended to read as follows: 34 433B.110 1. The division facilities providing services for the 35 mental health of children are designated as: 36 (a) [The Nevada Youth Hospital; 37 (b) The Adolescent Treatment Center; 38 (c)] Northern Nevada [Children’s Behavioral] Child and 39 Adolescent Services; 40 (b) Psychiatric Residential Treatment Facility North; and 41 [(d)] (c) Southern Nevada [Children’s Behavioral] Child and 42 Adolescent Services. 43 – 4 – - *SB306_R4* 2. Division facilities established after July 1, 1993, must be 1 named by the Administrator, subject to the approval of the Director 2 of the Department. 3 Sec. 11. NRS 200.471 is hereby amended to read as follows: 4 200.471 1. As used in this section: 5 (a) “Assault” means: 6 (1) Unlawfully attempting to use physical force against 7 another person; or 8 (2) Intentionally placing another person in reasonable 9 apprehension of immediate bodily harm. 10 (b) “Child protective services” has the meaning ascribed to it 11 in NRS 432B.042. 12 (c) “Child welfare services” has the meaning ascribed to it in 13 NRS 432B.044. 14 (d) “Fire-fighting agency” has the meaning ascribed to it in 15 NRS 239B.020. 16 [(c)] (e) “Health care facility” means a facility licensed 17 pursuant to chapter 449 of NRS, an office of a person listed in NRS 18 629.031, a clinic or any other location, other than a residence, where 19 health care is provided. 20 [(d)] (f) “Officer” means: 21 (1) A person who possesses some or all of the powers of a 22 peace officer; 23 (2) A person employed in a full-time salaried occupation of 24 fire fighting for the benefit or safety of the public; 25 (3) A member of a volunteer fire department; 26 (4) A jailer, guard or other correctional officer of a city or 27 county jail; 28 (5) A prosecuting attorney of an agency or political 29 subdivision of the United States or of this State; 30 (6) A justice of the Supreme Court, judge of the Court of 31 Appeals, district judge, justice of the peace, municipal judge, 32 magistrate, court commissioner, master or referee, including a 33 person acting pro tempore in a capacity listed in this subparagraph; 34 (7) An employee of this State or a political subdivision of 35 this State whose official duties require the employee to make home 36 visits; 37 (8) An employee of this State or a political subdivision of 38 this State who as part of his or her normal job responsibilities: 39 (I) Interacts with the public; and 40 (II) Performs tasks related to child welfare services or 41 child protective services or tasks that expose the person to 42 comparable dangers; 43 (9) A civilian employee or a volunteer of a law enforcement 44 agency whose official duties require the employee or volunteer to: 45 – 5 – - *SB306_R4* (I) Interact with the public; 1 (II) Perform tasks related to law enforcement; and 2 (III) Wear identification, clothing or a uniform that 3 identifies the employee or volunteer as working or volunteering for 4 the law enforcement agency; 5 [(9)] (10) A civilian employee or a volunteer of a fire- 6 fighting agency whose official duties require the employee or 7 volunteer to: 8 (I) Interact with the public; 9 (II) Perform tasks related to fire fighting or fire 10 prevention; and 11 (III) Wear identification, clothing or a uniform that 12 identifies the employee or volunteer as working or volunteering for 13 the fire-fighting agency; or 14 [(10)] (11) A civilian employee or volunteer of this State or 15 a political subdivision of this State whose official duties require the 16 employee or volunteer to: 17 (I) Interact with the public; 18 (II) Perform tasks related to code enforcement; and 19 (III) Wear identification, clothing or a uniform that 20 identifies the employee or volunteer as working or volunteering for 21 this State or a political subdivision of this State. 22 [(e)] (g) “Provider of health care” means: 23 (1) A physician, a medical student, a perfusionist, an 24 anesthesiologist assistant or a physician assistant licensed pursuant 25 to chapter 630 of NRS, a practitioner of respiratory care, a 26 homeopathic physician, an advanced practitioner of homeopathy, a 27 homeopathic assistant, an osteopathic physician, a physician 28 assistant or anesthesiologist assistant licensed pursuant to chapter 29 633 of NRS, a podiatric physician, a podiatry hygienist, a physical 30 therapist, a medical laboratory technician, an optometrist, a 31 chiropractic physician, a chiropractic assistant, a naprapath, a doctor 32 of Oriental medicine, a nurse, a student nurse, a certified nursing 33 assistant, a nursing assistant trainee, a medication aide - certified, a 34 person who provides health care services in the home for 35 compensation, a dentist, a dental student, a dental hygienist, a dental 36 hygienist student, an expanded function dental assistant, an 37 expanded function dental assistant student, a pharmacist, a 38 pharmacy student, an intern pharmacist, an attendant on an 39 ambulance or air ambulance, a psychologist, a social worker, a 40 marriage and family therapist, a marriage and family therapist 41 intern, a clinical professional counselor, a clinical professional 42 counselor intern, a behavior analyst, an assistant behavior analyst, a 43 registered behavior technician, a mental health technician, a licensed 44 dietitian, the holder of a license or a limited license issued under the 45 – 6 – - *SB306_R4* provisions of chapter 653 of NRS, a public safety officer at a health 1 care facility, an emergency medical technician, an advanced 2 emergency medical technician, a paramedic or a participant in a 3 program of training to provide emergency medical services; or 4 (2) An employee of or volunteer for a health care facility 5 who: 6 (I) Interacts with the public; 7 (II) Performs tasks related to providing health care; and 8 (III) Wears identification, clothing or a uniform that 9 identifies the person as an employee or volunteer of the health care 10 facility. 11 [(f)] (h) “School employee” means a licensed or unlicensed 12 person employed by a board of trustees of a school district pursuant 13 to NRS 391.100 or 391.281. 14 [(g)] (i) “Sporting event” has the meaning ascribed to it in 15 NRS 41.630. 16 [(h)] (j) “Sports official” has the meaning ascribed to it in 17 NRS 41.630. 18 [(i)] (k) “Taxicab” has the meaning ascribed to it in 19 NRS 706.8816. 20 [(j)] (l) “Taxicab driver” means a person who operates a 21 taxicab. 22 [(k)] (m) “Transit operator” means a person who operates a bus 23 or other vehicle as part of a public mass transportation system. 24 [(l)] (n) “Utility worker” means an employee of a public utility 25 as defined in NRS 704.020 whose official duties require the 26 employee to: 27 (1) Interact with the public; 28 (2) Perform tasks related to the operation of the public 29 utility; and 30 (3) Wear identification, clothing or a uniform that identifies 31 the employee as working for the public utility. 32 2. A person convicted of an assault shall be punished: 33 (a) If paragraph (c) or (d) does not apply to the circumstances of 34 the crime and the assault is not made with the use of a deadly 35 weapon or the present ability to use a deadly weapon, for a 36 [Text truncated for display. Full text available on LegiScan.]