Moving location of protected minor: Filing and service of notice of intent to move; necessary temporary action authorized for emergency conditions; circumstances in which notice not required.

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1. Every protected minor has the right, if possible, to:

(a) Have his or her preferences followed; and

(b) Age in his or her own surroundings or, if not possible, in the least restrictive environment suitable to his or her unique needs and abilities.

2. Except as otherwise provided in subsection 5, a proposed protected minor must not be moved until a guardian is appointed.

3. Except as otherwise provided in this section and subsections 5 and 6 of NRS 159A.079, the guardian shall notify all interested persons in accordance with subsection 4 before the protected minor:

(a) Is admitted to a secured residential long-term care facility;

(b) Changes his or her residence, including, without limitation, to or from one secured residential long-term care facility to another; or

(c) Will reside at a location other than his or her residence for more than 3 days.

4. Except as otherwise provided in this section and subsections 5 and 6 of NRS 159A.079, a guardian shall file with the court a notice of his or her intent to move the protected minor and shall serve notice upon all interested persons not less than 10 days before moving the protected minor. If no objection to the move is received from any interested person within 10 days after receiving the notice, the guardian may move the protected minor without court permission.

5. If an emergency condition exists, including, without limitation, the health or safety of the protected minor is at risk of imminent harm or the protected minor has been hospitalized and will be unable to return to his or her residence for a period of more than 24 hours, the guardian may take any temporary action needed without the permission of the court and shall file notice with the court and serve notice upon all interested persons as soon as practicable after taking such action.

6. Except as otherwise provided in this subsection, any notice provided to a court, an interested person or person of natural affection pursuant to this section or NRS 159A.0809 must include the current location of the protected minor. The guardian shall not provide any contact information to an interested person or person of natural affection if an order of protection has been issued against the interested person or person of natural affection on behalf of the protected minor.

7. A guardian is not required to provide notice to an interested person or person of natural affection in accordance with this section or NRS 159A.0809 if:

(a) The interested person or person of natural affection informs the guardian in writing that the person does not wish to receive such notice; or

(b) The protected minor or a court order has expressly prohibited the guardian from providing notice to the interested person or person of natural affection.

(Added to NRS by 2017, 2550)


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