Nev. Rev. Stat. » NRS: CHAPTER 432B - PROTECTION OF CHILDREN FROM ABUSE AND NEGLECT
Nevada Revised Statutes

Nev. Rev. Stat. § 432B.330 (2026)

Circumstances under which child is or may be in need of protection

✓ current as of July 2026
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NRS 432B.330  Circumstances under which child is or may be in need of protection.

      1.  A child is in need of protection if:

      (a) The child has been abandoned by a person responsible for the welfare of the child;

      (b) The child has been subjected to abuse or neglect by a person responsible for the welfare of the child;

      (c) The child is in the care of a person responsible for the welfare of the child and another child has:

             (1) Died as a result of abuse or neglect by that person; or

             (2) Been subjected to abuse by that person, unless the person has successfully completed a plan for services that was recommended by an agency which provides child welfare services pursuant to NRS 432B.340 to address the abuse of the other child;

      (d) The child has been placed for care or adoption in violation of law; or

      (e) The child has been delivered to a provider of emergency services pursuant to NRS 432B.630.

      2.  A child may be in need of protection if the person responsible for the welfare of the child:

      (a) Is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity;

      (b) Fails, although the person is financially able to do so or has been offered financial or other means to do so, to provide for the following needs of the child:

             (1) Food, clothing or shelter necessary for the child’s health or safety;

             (2) Education as required by law; or

             (3) Adequate medical care;

      (c) Has been responsible for the neglect of a child who has resided with that person; or

      (d) Has been responsible for the abuse of another child regardless of whether that person has successfully completed a plan for services that was recommended by an agency which provides child welfare services pursuant to NRS 432B.340 to address the abuse of the other child.

      3.  A child may be in need of protection if the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.

      4.  A child may be in need of protection if the child is identified as being affected by a fetal alcohol spectrum disorder or prenatal substance use disorder or as having withdrawal symptoms resulting from prenatal substance exposure.

      5.  A child is not in need of protection solely because the person responsible for the welfare of the child:

      (a) Is deaf, is blind, as defined in NRS 426.082, or has another physical disability; or

      (b) Is the holder of a valid registry identification card. As used in this paragraph, “holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 678C.080 that identifies the person as:

             (1) Exempt from state prosecution for engaging in the medical use of cannabis; or

             (2) A designated primary caregiver as defined in NRS 678C.040.

      6.  As used in this section:

      (a) “Abuse” means:

             (1) Physical or mental injury of a nonaccidental nature; or

             (2) Sexual abuse or sexual exploitation,

Ê of a child caused or allowed by a person responsible for the welfare of the child under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm. The term does not include the actions described in subsection 2 of NRS 432B.020.

      (b) “Allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that a child is abused or neglected.

      (c) “Neglect” means abandonment or failure to:

             (1) Provide for the needs of a child set forth in paragraph (b) of subsection 2; or

             (2) Provide proper care, control and supervision of a child as necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect or refusal of the person to provide them when able to do so.

Ê The term does not include the actions described in subsection 2 of NRS 432B.020.

      (Added to NRS by 1985, 1371; A 1991, 52; 1999, 830; 2001, 1256; 2005, 2038; 2015, 1183; 2017, 1386; 2019, 2760)

     

Notes of Decisions
Cited in 16 cases (5 in the last 5 years), 2004–2023 · leading case: Washoe Cnty. Dep't of Soc. Servs. v. Kory L.G., 295 P.3d 589 (Nev. 2013).
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Washoe Cnty. Dep't of Soc. Servs. v. Kory L.G., 295 P.3d 589 (Nev. 2013). · cites it 4× “was a child in need of protection under NRS 432B.330 as to Rachael. The master further denied the child’s placement with Kory, approved A.”
Jason S. v. Valley Hosp. Med. Ctr., 87 P.3d 521 (Nev. 2004). · cites it 2× “390; NRS 432B.330; NRS 432B.470. While both NRS Chapter 432B and NRS Chapter 159 recognize that the needs and rights of the child may outweigh the parents’ right to notice in certain circumstances, NRS Chapter 432B does not provide judicial review prior to the state initiating…”
Roe v. Roe, 535 P.3d 274 (Nev. 2023). · cites it 2× “"); NRS 432B.330 and NRS 432B.390 (describing the circumstances under which a child is or may "See, e.”
Clark Cnty. Dep't of Fam. Servs. v. Eighth Jud. Dist. Court of the State of Nevada ex rel. Cnty. of Clark, 291 P.3d 122 (Nev. 2012). “” The court further noted that even if it were to admit all the hearsay statements, there still remained a lack of corroborative evidence to support a finding that Gregory had a sexual intent to touch Imani while they were wrestling or that Imani’s statements to the…”
Myers v. Haskins, 513 P.3d 527 (Nev. 2022). “180 (detailing the duties of the Division of Child and Family ServiCes (DCFS)); NRS 432B.330 (describing when a child may need protecti.”
In Re: Parental Rights as to L.L.S., 2021 NV 22 (Nev. 2021). · cites it 4× “Shortly after Tahja surrendered her daughter, DFS filed a petition under NRS 432B.330 alleging that the child was in need of protection due to neglect.”
In Re: Parental Rights as to M.f., M.F. & N.F., 2016 NV 19 (Nev. 2016). · cites it 3× “All six children were placed in protective custody pursuant to NRS 432B.330 based on parental neglect and resided in various out-of-home placements over the next four years.”
Myers v. Haskins (child Custody), 2022 NV 51 (Nev. 2022). · cites it 2× “180 (detailing the duties of the Division of Child and Family ServiCes (DCFS)); NRS 432B.330 (describing when a child may need protecti.”
Tirikos Vs. Dist. Ct. (state), 2015 NV 77 (Nev. 2015). · cites it 2× “See NRS 432B.330 (identifying circumstances under which a child is or may be in need of protection).”
Luna (jennifer) Vs. Dist. Ct. (state), 2015 NV 30 (Nev. 2015). · cites it 2× “'s best interest to be adjudicated a child in need of protection pursuant to NRS 432B.330 and recommended that R.L. remain in the custody and control of DFS.”
In Re: Parental Rights as to M.f., M.F. & N.F., 2016 NV 19 (Nev. 2016). “All six children were placed in protective custody pursuant to NRS 432B.330 based on parental neglect and resided in various out-of-home placements over the next four years.”
Coleman (Krystal) Vs. State (Nev. 2019). “NRS 432B.330; NRS 432B.390. SUPREME COURT OF NEVADA 3 (0) 1947A ¢(gEtn ta The district court did not commit Blankenship error Coleman also argues that the district court committed Blankenship error.”
Show all 16 citing cases →
— Nev. Rev. Stat. § 432B.330(1)(b) — 1 case
Washoe Cnty. Dep't of Soc. Servs. v. Kory L.G., 295 P.3d 589 (Nev. 2013). “was a child in need of protection under NRS 432B.330 as to Rachael. The master further denied the child’s placement with Kory, approved A.”
— Nev. Rev. Stat. § 432B.330(2)(a) — 1 case
In Re: K.M.S. (Nev. 2022).
— Nev. Rev. Stat. § 432B.330(2)(b)(3) — 1 case
Jason S. v. Valley Hosp. Med. Ctr., 87 P.3d 521 (Nev. 2004). “390; NRS 432B.330; NRS 432B.470. While both NRS Chapter 432B and NRS Chapter 159 recognize that the needs and rights of the child may outweigh the parents’ right to notice in certain circumstances, NRS Chapter 432B does not provide judicial review prior to the state initiating…”
— Nev. Rev. Stat. § 432B.330(2)(c) — 1 case
In the Matter: B.L., a Minor (Nev. 2014).
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