1. If a child who is in the custody of an agency which provides child welfare services has a prescription for a psychotropic medication upon entering the custody of the agency or if the agency determines that a child may be in need of psychiatric care, the agency shall nominate, pending appointment by a court pursuant to NRS 432B.4685, a person who is legally responsible for the psychiatric care of the child. A person nominated pursuant to this subsection shall be deemed to be the person who is legally responsible for the psychiatric care of the child pending approval by a court pursuant to NRS 432B.4685.

2. Upon nominating a person who is legally responsible for the psychiatric care of a child pursuant to this section, the agency which provides child welfare services shall petition the court with jurisdiction over the child for the appointment of the nominee as the person who is legally responsible for the psychiatric care of the child. A petition filed pursuant to this subsection may be heard by the court at the next hearing of the court conducted pursuant to NRS 432B.410 to 432B.590, inclusive, or at a hearing for the express purpose of appointing a person pursuant to NRS 432B.4685.

3. The person who is legally responsible for the psychiatric care of a child may be a parent or legal guardian of the child or, if a parent or legal guardian of the child is not able or willing to act as the person who is legally responsible for the psychiatric care of the child:

(a) The attorney for the child;

(b) The guardian ad litem of the child;

(c) The foster parent or other provider of substitute care for the child;

(d) An employee of the agency which provides child welfare services; or

(e) Any other person who a court determines is qualified to carry out the duties and responsibilities prescribed by NRS 432B.4681 to 432B.469, inclusive, and any policies adopted pursuant to NRS 432B.197.

(Added to NRS by 2011, 2670; A 2013, 3818)