Rights of child placed in detention facility.

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Except as otherwise provided in NRS 62B.520, a child who is placed in the care and custody of a detention facility within this State has the right:

1. To receive information concerning his or her rights set forth in this title.

2. To be treated with basic human dignity and respect, without intentional infliction of humiliation.

3. To have fair and equal access to services, placement, care, treatment and benefits.

4. To a program of education that meets the requirements of law and is appropriate for the developmental maturity of the child.

5. To receive adequate, healthy and appropriate food.

6. To receive adequate, appropriate and accessible basic necessities, including, without limitation, shelter, clean clothing and personal hygiene products and facilities.

7. To have access to necessary medical and behavioral health care services, including, without limitation:

(a) Dental, vision and mental health services;

(b) Medical and psychological screening, assessment and testing; and

(c) Referral to and receipt of medical, emotional, psychological or psychiatric evaluation and treatment as soon as practicable after the need for such services has been identified.

8. To be free from:

(a) Abuse or neglect, as defined in NRS 432B.020.

(b) Corporal punishment, as defined in NRS 388.478, except the reasonable use of force that is necessary to preserve the order, security or safety of the child, the public, the staff of the detention facility or other children who are detained in the detention facility.

(c) The administration of psychotropic medication unless the administration is consistent with the policies established pursuant to NRS 62B.530.

(d) Discrimination or harassment on the basis of his or her actual or perceived race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity or expression, mental or physical disability or exposure to any communicable disease.

(e) The deprivation of food, sleep, exercise, education, pillows, blankets or personal hygiene products as a form of punishment or discipline.

(f) Being searched for the purpose of harassment or as a form of punishment or discipline.

(g) Being restricted from a daily shower, clean clothing, drinking water, a toilet or reading materials relating to the education or detention of the child as a form of punishment or discipline.

9. To have reasonable access and accommodations to participate in religious services of his or her choice when reasonably available on the premises of the detention facility or to refuse to participate in religious services.

10. To communicate with other persons, including, without limitation, the right:

(a) To have regular contact through visits, telephone calls and mail with:

(1) Biological children;

(2) Parents;

(3) Guardians;

(4) Attorneys; and

(5) Other adults with whom the child has established a familial or mentoring relationship, including, without limitation, clergy, caseworkers, teachers, mentors and other persons, upon approval of the detention facility.

(b) To communicate confidentially with:

(1) Any agency which provides child welfare services to the child concerning his or her care;

(2) Attorneys, legal services organizations and their employees and staff;

(3) Ombudspersons and other advocates;

(4) Members of the clergy; and

(5) Holders of public office, and people who work at a state or federal court.

Except as otherwise provided by specific statute, a communication made pursuant to this paragraph is not a privileged communication.

(c) To report any alleged violation of his or her rights pursuant to NRS 62B.525 without being threatened or punished.

11. To participate, in person, by telephone or by videoconference, in all court hearings pertaining to the circumstances which led to the detention of the child.

(Added to NRS by 2017, 744)


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