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

Nev. Rev. Stat. § 432B.420 (2026)

Right of parent or other responsible person to representation by attorney; child deemed party to proceedings; court required to appoint attorney to represent child; authority and rights of child’s attorney; compensation of attorney. [Effective through June 30, 2026.]

✓ current as of July 2026
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NRS 432B.420  Right of parent or other responsible person to representation by attorney; child deemed party to proceedings; court required to appoint attorney to represent child; authority and rights of child’s attorney; compensation of attorney. [Effective through June 30, 2026.]

      1.  A parent or other person responsible for the welfare of a child who is alleged to have abused or neglected the child may be represented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590, inclusive. Except as otherwise provided in subsection 3, if the person is indigent, the court may appoint an attorney to represent the person.

      2.  A child who is alleged to have been abused or neglected shall be deemed to be a party to any proceedings under NRS 432B.410 to 432B.590, inclusive. The court shall appoint an attorney to represent the child. The child must be represented by an attorney at all stages of any proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive. The attorney representing the child has the same authority and rights as an attorney representing any other party to the proceedings.

      3.  If the court determines that the parent of an Indian child for whom protective custody is sought is indigent, the court:

      (a) Shall appoint an attorney to represent the parent; and

      (b) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,

Ê as provided in the Indian Child Welfare Act.

      4.  Each attorney, other than an attorney compensated through a program for legal aid described in NRS 19.031 and 247.305, if appointed under the provisions of subsection 1 or 2, is entitled to the same compensation and payment for expenses from the county as provided in NRS 7.125 and 7.135 for an attorney appointed to represent a person charged with a crime.

      (Added to NRS by 1985, 1379; A 1987, 1308; 1995, 787; 1999, 2037; 2001, 1703; 2003, 590; 2015, 1326; 2017, 1287; 2021, 2270; 2023, 2336)

      NRS 432B.420  Right of parent or other responsible person to representation by attorney at hearing; court required to appoint attorney to represent child and indigent parent or other responsible person allegedly responsible for child being in need of protection; court authorized to appoint attorney for indigent parent or other responsible person in certain other circumstances; compensation of attorney. [Effective July 1, 2026.]

      1.  A parent or other person responsible for the welfare of a child may be represented by an attorney at a hearing held pursuant to NRS 432B.470. Except as otherwise provided in subsection 3, if the person is indigent, the court may appoint an attorney to represent the person.

      2.  A child who is alleged to be in need of protection shall be deemed to be a party to any proceedings under NRS 432B.410 to 432B.590, inclusive. The court shall appoint an attorney to represent the child. The child must be represented by an attorney at all stages of any proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive. The attorney representing the child has the same authority and rights as an attorney representing any other party to the proceedings.

      3.  If the court determines that the parent of an Indian child for whom protective custody is sought is indigent, the court:

      (a) Shall appoint an attorney to represent the parent; and

      (b) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,

Ê as provided in the Indian Child Welfare Act.

      4.  If a petition alleging that a child is in need of protection is filed pursuant to NRS 432B.490 and the court determines that a parent or other person responsible for the welfare of the child who is alleged to have committed an act or omission that resulted in the child being in need of protection is indigent, the court shall appoint an attorney to represent the parent or other person at all stages of any proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive, unless good cause is shown for not appointing an attorney to represent the parent or other person. For the purposes of this subsection, good cause includes, without limitation:

      (a) Failure to communicate with previously appointed counsel;

      (b) Harmful or offensive conduct, including, without limitation, violence or threats of violence, toward previously appointed counsel;

      (c) Requesting new counsel without valid justification; and

      (d) A high likelihood that the appointment of counsel will cause undue delay.

      5.  If a petition alleging that a child is in need of protection is filed pursuant to NRS 432B.490, the court may appoint an attorney to represent a parent or other person responsible for the welfare of the child who is not alleged to have committed an act or omission that resulted in the child being in need of protection at any stage of any proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive, if the court determines:

      (a) That the parent or other person is indigent; and

      (b) Appointment of an attorney is in the best interest of the child.

      6.  Each attorney, other than an attorney compensated through a program for legal aid described in NRS 19.031 and 247.305, if appointed under the provisions of subsection 1, 2, 4 or 5, is entitled to the compensation and payment for expenses for all time reasonably spent on the proceedings and payment for all expenses reasonably incurred from the proceedings, including, without limitation, time spent and expenses incurred for preparation, hearings and meetings. Such compensation must be paid at a rate not less than the lowest rate paid to an attorney appointed to represent a person charged with a misdemeanor in the same jurisdiction.

      7.  For the purposes of this section, a person is deemed to be indigent if:

      (a) The person has a household income that is less than 200 percent of the federally designated level signifying poverty;

      (b) The person is receiving federal assistance through federal programs, including, without limitation, Medicaid, Temporary Assistance for Needy Families, Supplemental Nutrition Assistance or disability insurance benefits under the federal Social Security Act;

      (c) The person resides in public housing; or

      (d) Hiring counsel would pose a financial hardship to the person or his or her child or hinder the ability of the person to obtain services to facilitate reunification with his or her child.

      8.  As used in this section:

      (a) “Public housing” has the meaning ascribed to it in NRS 315.021.

      (b) “Supplemental Nutrition Assistance” means the program established to provide persons of low income with an opportunity to purchase a more nutritious diet pursuant to the Food Stamp Act of 1977, 7 U.S.C. §§ 2011 et seq., as amended.

      (c) “Temporary Assistance for Needy Families” means the program established to provide temporary assistance for needy families pursuant to Title IV of the Social Security Act, 42 U.S.C. §§ 601 et seq., and other provisions of that act relating to temporary assistance for needy families.

      (Added to NRS by 1985, 1379; A 1987, 1308; 1995, 787; 1999, 2037; 2001, 1703; 2003, 590; 2015, 1326; 2017, 1287; 2021, 2270; 2023, 2336; 2025, 2182, effective July 1, 2026)

     

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1998–2024 · leading case: Parental Rights as to Daniels v. Dep't of Human Resources, Div. of Child & Fam. Servs., 953 P.2d 1 (Nev. 1998).
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Parental Rights as to Daniels v. Dep't of Human Resources, Div. of Child & Fam. Servs., 953 P.2d 1 (Nev. 1998). · cites it 2× “A parent or other person responsible for the child's welfare who is alleged to have abused or neglected a child may be *6 represented by an attorney at all stages of any proceeding under NRS 432B.”
In Re: S.B. (Nev. 2020). · cites it 2× “500(2)(a) (providing that a guardian's role is to "Mepresent and protect the best interests of the child"); NRS 432B.”
In Re: Matter of J.B., 140 Nev. Adv. Op. No. 39 (Nev. 2024). · cites it 2× “The strong language of NRS 432B.420 mandating counsel compels the finding that it was an abuse of the district court’s broad discretion to proceed with a change in J.”
In Re: Matter of J.B., 140 Nev. Adv. Op. No. 39 (Nev. 2024). “The strong language of NRS 432B.420 mandating counsel compels the finding that it was an abuse of the district court's broad discretion to proceed with a change in J.”
Susan Hoy v. Jones (D. Nev. 2020). “10 Finally, NRS 432B.420(2), like NRS 432.500(1), does not support a § 1983 claim.”
Helfrich v. the Fifth Jud. Dist. Ct. (Nev. 2015). “In particular, petitioner may request the appointment of counsel, see NRS 432B.420(1), may pursue legal options for placement of his child with a guardian under NRS 432B.”
— Nev. Rev. Stat. § 432B.420(1) — 1 case
Helfrich v. the Fifth Jud. Dist. Ct. (Nev. 2015). “In particular, petitioner may request the appointment of counsel, see NRS 432B.420(1), may pursue legal options for placement of his child with a guardian under NRS 432B.”
— Nev. Rev. Stat. § 432B.420(2) — 3 cases
In Re: S.B. (Nev. 2020). “500(2)(a) (providing that a guardian's role is to "Mepresent and protect the best interests of the child"); NRS 432B.”
In Re: Matter of J.B., 140 Nev. Adv. Op. No. 39 (Nev. 2024). “The strong language of NRS 432B.420 mandating counsel compels the finding that it was an abuse of the district court’s broad discretion to proceed with a change in J.”
Susan Hoy v. Jones (D. Nev. 2020). “10 Finally, NRS 432B.420(2), like NRS 432.500(1), does not support a § 1983 claim.”
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