NRS
432B.340 Determination that child needs protection but is not in imminent
danger and does not need to be placed in protective custody.
1. If the agency which provides child
welfare services determines that a child needs protection, but is not in imminent
danger from abuse or neglect and does not need to be placed in protective
custody pursuant to NRS 432B.390, it
may:
(a) Offer to the parents or guardian a plan for
services and inform the parents or guardian that the agency has no legal
authority to compel the parents or guardian to accept the plan but that it has
the authority to petition the court pursuant to NRS 432B.490 or to refer the case to the
district attorney or a law enforcement agency; or
(b) File a petition pursuant to NRS 432B.490 and, if a child is
adjudicated in need of protection, request that the child be removed from the
custody of the parents or guardian or that the child remain at home with or
without the supervision of the court or of any person or agency designated by
the court.
2. If the parent or guardian accepts the
conditions of the plan offered by the agency pursuant to paragraph (a) of
subsection 1, the agency may elect not to file a petition and may arrange for
appropriate services, including medical care, care of the child during the day,
management of the home or supervision of the child, the parents or guardian.
(Added to NRS by 1985,
1376; A 2001
Special Session, 42; 2021,
2236)
Notes of Decisions
Cited in
4
cases (
3 in the last 5 years), 1989–2025 · leading case:
August H. v. State, 777 P.2d 901 (Nev. 1989).
August H. v. State, 777 P.2d 901 (Nev. 1989).
· cites it 3× “Appellants next assert that NRS 432B.340 requires the Welfare Division to provide them with a “plan” for services to help the family prior to instituting an action for temporary custody.”
Myers v. Haskins, 513 P.3d 527 (Nev. 2022).
“on by DCFS); NRS 432B.340 COURT OF APPEALS OF NEVADA 15 court abused its discretio.”
Clark Cnty. v. Dist. Ct. (eggleston), 141 Nev. Adv. Op. No. 31 (Nev. 2025).
· cites it 2× “After the DFS meeting, she also knew that her supervisors recommended removal to foster care, suggesting that she had statutory authority to petition for removal pursuant to NRS 432B.340 and NRS 432B.490. Significantly, despite Eggleston's allegations that he was threatened with…”
Myers v. Haskins (child Custody), 2022 NV 51 (Nev. 2022).
· cites it 3× “350 (describing when a child may need protection by DCFS); NRS 432B.340 15 Count oF APPEALS OF NEVADA (0) 19978 «e@ifinn court abused its discretion in weighing the evidence and making credibility determinations resulting in a case-ending custody decision based upon conflicting…”
— Nev. Rev. Stat. § 432B.340(1)(a) — 1 case
Clark Cnty. v. Dist. Ct. (eggleston), 141 Nev. Adv. Op. No. 31 (Nev. 2025).
“After the DFS meeting, she also knew that her supervisors recommended removal to foster care, suggesting that she had statutory authority to petition for removal pursuant to NRS 432B.340 and NRS 432B.490. Significantly, despite Eggleston's allegations that he was threatened with…”
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