AB1

A.B. 1

Assembly Bill No. 1–Joint Rules Committee

Prefiled June 13, 2001

____________

Referred to Committee of the Whole

SUMMARY—Provides for integration of state and local child welfare services. (BDR 11‑14)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State: Contains Appropriation included in Executive Budget.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to the protection of children; transferring certain duties of the division of child and family services of the department of human resources to an agency of the county in certain large counties; establishing a legislative committee on children, youth and families; making appropriations; and providing other matters properly relating thereto.

Whereas, Under the current child welfare system in this state, a child residing in a county whose population is 100,000 or more who is in need of protective custody services is initially under the supervision of the county; and

Whereas, If such a child is unable to return safely to the home of his parents and will remain in out-of-home care for more than 6 months, custody of the child is typically transferred to the Division of Child and Family Services of the Department of Human Resources; and

Whereas, After being transferred to the Division of Child and Family Services, a child and his parents are typically assigned a new case manager, the child is placed in a new foster home that is willing to accept the foster care rates paid by the Division and the child is transferred to a new therapist who is a Medicaid provider; and

Whereas, Under this bifurcated system, the transfer of custody to the Division of Child and Family Services may result in a delay of up to 6 months in the commencement of a permanent plan for the care and treatment of a child and may cause the child to remain in the system for a longer period; and

Whereas, The Federal Adoption and Safe Families Act of 1997 requires the agency which provides child welfare services to pursue termination of parental rights for any child who remains in out-of-home care for 15 months out of the immediately preceding 22 months; and

Whereas, The interruption of services to children and families caused by the bifurcated system places parents at risk of having their parental rights terminated unjustly; and

Whereas, The bifurcated system also creates disparities in the rates of reimbursement for providers of foster care and the compensation paid to employees of the county and the state; and

Whereas, The duplication of efforts inherent in a bifurcated system is inefficient; and

Whereas, Integration of the child welfare system in this state will begin to eliminate the inefficiencies of the current system by reducing the number of placements of children in foster homes, decreasing the length of time that children remain in out-of-home care and ensuring that children are placed in permanent homes as soon as possible; and

Whereas, The rates for foster care reimbursement should be established at a level that enables a provider of foster care to care for a child adequately and the rates should be standardized within each county and structured in a manner that avoids any unnecessary interruptions in foster home placements because of changing levels of reimbursements; and

Whereas, Fairness to employees affected by the integration of the child welfare system is a priority; and

Whereas, The Division of Child and Family Services and counties whose population is 100,000 or more have a shared fiscal responsibility for the costs of providing child welfare services and must be committed to ensuring through negotiation in good faith future maintenance of their efforts in providing those services and to equitably sharing future costs for providing those services; and

Whereas, To ensure an equitable funding of the integrated child welfare system, the base amounts required for determining the federal and nonfederal contributions for funding the system will be based on an experience that reflects a full fiscal year; and

Whereas, Integration of the child welfare system in this state will allow the placement of children in a child welfare system that is adequately funded and structured to avoid unnecessary interruptions in placement and will ensure that permanency is achieved for children in accordance with federal and state laws; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 125A.080 is hereby amended to read as follows:

125A.080 1. If the petitioner for an initial decree has wrongfully taken the child from another state or has engaged in similar reprehensible conduct the court may decline to exercise jurisdiction if this is just and proper under the circumstances.

2. Unless required in the interest of the child, the court shall not exercise its jurisdiction to modify a custody decree of another state if the petitioner, without consent of the person entitled to custody, has improperly removed the child from the physical custody of the person entitled to custody or has improperly retained the child after a visit or other temporary relinquishment of physical custody. If the petitioner has violated any other provision of a custody decree of another state the court may

decline to exercise its jurisdiction if this is just and proper under the circumstances.

3. Where the court declines to exercise jurisdiction pursuant to subsection 1, the court shall notify the parent or other appropriate person and the prosecuting attorney of the appropriate jurisdiction in the other state. Upon request of the court of the other state, the court of this state shall order the petitioner to appear with the child in a custody proceeding instituted in the other state in accordance with NRS 125A.230.

4. Where the court refused to assume jurisdiction to modify the custody decree of another state pursuant to subsection 2 or pursuant to NRS 125A.180, the court shall notify the person who has legal custody under the decree of the other state and the prosecuting attorney of the appropriate jurisdiction in the other state and may order the petitioner to return the child to the person who has legal custody. If it appears that the order will be ineffective and the legal custodian is ready to receive the child within 10 days, the court may place the child in a foster home [approved by the division of child and family services of the department of human resources] that is licensed pursuant to NRS 424.030 for that period, pending return of the child to the legal custodian. At the same time, the court shall advise the petitioner that any petition for modification of custody must be directed to the appropriate court of the other state which has continuing jurisdiction or, if that court declines jurisdiction, to a court in a state which has jurisdiction.

5. In appropriate cases a court dismissing a petition under this section may charge the petitioner with necessary travel and other expenses, including attorney’s fees, incurred by other parties or their witnesses.

Sec. 2. NRS 127.003 is hereby amended to read as follows:

127.003 As used in this chapter, unless the context otherwise requires:

1. “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

2. “Division” means the division of child and family services of the department of human resources.

[2.] 3. “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

[3.] 4. “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978 , [(]25 U.S.C. §§ 1901 et seq.[).]

Sec. 3. NRS 127.050 is hereby amended to read as follows:

127.050 1. The following agencies may accept relinquishments for the adoption of children from parents and guardians in this state:

(a) [The division] An agency which provides child welfare services in its own capacity or on behalf of a child-placing agency authorized under the laws of another state to accept relinquishments and make placements; or

(b) A child-placing agency licensed by the division.

2. The following agencies may consent to the adoption of children in this state:

(a) [The division, to whom] An agency which provides child welfare services to which the child has been relinquished for adoption;

(b) A child-placing agency licensed by the division, to whom the child has been relinquished for adoption; or

(c) Any child-placing agency authorized under the laws of another state to accept relinquishments and make placements, to whom the child has been relinquished or otherwise approved for adoption in that state.

3. If [the division] an agency which provides child welfare services accepts a relinquishment on behalf of a child-placing agency pursuant to subsection 1, the child-placing agency shall reimburse the [division] agency which provides child welfare services for any costs associated with the acceptance.

Sec. 4. NRS 127.053 is hereby amended to read as follows:

127.053 No consent to a specific adoption executed in this state, or executed outside this state for use in this state, is valid unless it:

1. Identifies the child to be adopted by name, if any, sex and date of birth.

2. Is in writing and signed by the person consenting to the adoption as required in this chapter.

3. Is acknowledged by the person consenting and signing the consent to adoption in the manner and form required for conveyances of real property.

4. Contains, at the time of execution, the name of the person or persons to whom consent to adopt the child is given.

5. Is attested by at least two competent, disinterested witnesses who subscribe their names to the consent in the presence of the person consenting. If neither the petitioner [or] nor the spouse of a petitioner is related to the child within the third degree of consanguinity, then one of the witnesses must be a social worker employed by:

(a) [The division;] An agency which provides child welfare services;

(b) An agency licensed in this state to place children for adoption;

(d) An agency authorized under the laws of another state to place children for adoption, if the natural parent resides in that state.

Sec. 5. NRS 127.057 is hereby amended to read as follows:

127.057 1. Any person to whom a consent to adoption executed in this state or executed outside this state for use in this state is delivered shall, within 48 hours after receipt of the executed consent to adoption, furnish a true copy [thereof to the division,] of the consent, together with a report of the permanent address of the person in whose favor the consent was executed[.] to the agency which provides child welfare services.

2. Any person recommending in his professional or occupational capacity, the placement of a child for adoption in this state shall immediately notify the [division] agency which provides child welfare services of the impending adoption.

3. All information received by the [division] agency which provides child welfare services pursuant to the provisions of this section is confidential and must be protected from disclosure in the same manner that information is protected under NRS 432.035.

4. Any person who violates any of the provisions of this section is guilty of a misdemeanor.

Sec. 6. NRS 127.120 is hereby amended to read as follows:

127.120 1. A petition for adoption of a child must be filed in duplicate with the county clerk. The county clerk shall send one copy of the petition to the [division,] agency which provides child welfare services.

2. The agency which provides child welfare services shall make an investigation and report as provided in this section. If one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, the court may, in its discretion, waive the investigation by the [division.] agency which provides child welfare services. A copy of the order waiving the investigation must be sent to the nearest office of the [division] agency which provides child welfare services by the petitioners within 7 days after the order is issued.

[2. The division,]

3. The agency which provides child welfare services or a licensed child-placing agency [authorized] designated to do so by the court shall:

(a) Verify the allegations of the petition;

(b) Investigate the condition of the child, including, without limitation, whether the child is an Indian child; and

[3. The division]

4. The agency which provides child welfare services or the designated child-placing agency shall, before the date on which the child has lived for a period of 6 months in the home of the petitioners or within 30 days after receiving the copy of the petition for adoption, whichever is later, submit to the court a full written report of its findings pursuant to subsection [2,] 3, which must contain, without limitation, a specific recommendation for or against approval of the petition and a statement of whether the child is known to be an Indian child, and shall furnish to the court any other information regarding the child or proposed home which the court requires. The court, on good cause shown, may extend the time, designating a time certain, within which to submit the report.

[4.] 5. If the court is dissatisfied with the report submitted by the [division,] agency which provides child welfare services or the designated child-placing agency, the court may order an independent investigation to be conducted and a report submitted by an agency or person selected by the court. The costs of the investigation and report may be assessed against the petitioner or charged against the county in which the adoption proceeding is pending.

Sec. 7. NRS 127.127 is hereby amended to read as follows:

127.127 The petitioners shall file with the court, within 15 days after the petition is filed or 5 months after the child begins to live in their home, whichever is later, an affidavit executed by them and their attorney setting forth all fees, donations and expenses paid by them in furtherance of the adoption. A copy of the affidavit must be sent to the [division.] agency which provides child welfare services. If one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, the court may waive the filing of the affidavit.

Sec. 8. NRS 127.130 is hereby amended to read as follows:

127.130 The report of either the [division] agency which provides child welfare services or the licensed child-placing agency designated by the court must not be made a matter of public record, but must be given in writing and in confidence to the district judge before whom the matter is pending. If the recommendation of the [division] agency which provides child welfare services or the designated agency is adverse, the district judge, before denying the petition, shall give the petitioner an opportunity to rebut the findings and recommendation of the report of the [division] agency which provides child welfare services or the designated agency.

Sec. 9. NRS 127.150 is hereby amended to read as follows:

127.150 1. If the court finds that the best interests of the child warrant the granting of the petition, an order or decree of adoption must be made and filed, ordering that henceforth the child is the child of the petitioners. When determining whether the best interests of the child warrant the granting of a petition that is filed by a foster parent, the court shall give strong consideration to the emotional bond between the child and the foster parent. A copy of the order or decree must be sent to the nearest office of the [division] agency which provides child welfare services by the petitioners within 7 days after the order or decree is issued. In the decree the court may change the name of the child, if desired. No order or decree of adoption may be made until after the child has lived for 6 months in the home of the petitioners.

2. If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and may order the child returned to the custody of the person or agency legally vested with custody.

3. After a petition for adoption has been granted, there is a presumption that remaining in the home of the adopting parent is in the child’s best interest.

Sec. 10. NRS 127.152 is hereby amended to read as follows:

127.152 1. Except as otherwise provided in subsection 3, the [division] agency which provides child welfare services or a licensed child-placing agency shall provide the adopting parents of a child with a report which includes:

(a) A copy of any medical records of the child which are in the possession of the [division] agency which provides child welfare services or licensed child-placing agency.

(b) Any information obtained by the [division] agency which provides child welfare services or licensed child-placing agency during interviews of the natural parent regarding:

(1) The medical and sociological history of the child and the natural parents of the child; and

(2) Any behavioral, emotional or psychological problems that the child may have. Information regarding any behavioral, emotional or psychological problems that the child may have must be discussed in accordance with policies established by an agency which provides child welfare services and a child-placing agency pursuant to regulations adopted by the division for the disclosure of such information.

(c) Written information regarding any subsidies, assistance and other services that may be available to the child if it is determined pursuant to NRS 127.186 that he has any special needs.

2. The [division] agency which provides child welfare services or child-placing agency shall obtain from the adopting parents written confirmation that the adopting parents have received the report required pursuant to subsection 1.

3. The report required pursuant to subsection 1 must exclude any information that would lead to the identification of the natural parent.

Sec. 11. NRS 127.157 is hereby amended to read as follows:

127.157 1. After an order or decree of adoption has been entered, the court shall direct the petitioner or his attorney to prepare a report of adoption on a form prescribed and furnished by the state registrar of vital statistics. The report must:

(a) Identify the original certificate of birth of the person adopted;

(b) Provide sufficient information to prepare a new certificate of birth for the person adopted;

(d) Be certified by the clerk of the court.

2. The [division] agency which provides child welfare services shall provide the petitioner or his attorney with any factual information which will assist in the preparation of the report required in subsection 1.

3. If an order or decree of adoption is amended or annulled, the petitioner or his attorney shall prepare a report to the state registrar of vital statistics, which includes sufficient information to identify the original order or decree of adoption and the provisions of that decree which were amended or annulled.

4. The petitioner or his attorney shall forward all reports required by the provisions of this section to the state registrar of vital statistics not later than the 10th day of the month next following the month in which the order or decree was entered, or more frequently if requested by the state registrar, together with any related material the state registrar may require.

Sec. 12. NRS 127.186 is hereby amended to read as follows:

127.186 1. The [division,] agency which provides child welfare services or a child-placing agency licensed by the division pursuant to this chapter[,] may consent to the adoption of a child under 18 years of age with special needs due to race, age or physical or mental problems who is in the custody of the [division] agency which provides child welfare services or the licensed agency by proposed adoptive parents when, in the judgment of the [division] agency which provides child welfare services or the [licensed] child placing agency, it would be in the best interests of the child to be placed in that adoptive home.

2. The [division] agency which provides child welfare services or child-placing agency shall in a timely and diligent manner:

(a) Schedule any evaluations necessary to identify any special needs the child may have.

(b) If it determines that the child has any special needs:

(1) Notify the proposed adoptive parents:

(I) That they may be eligible for a grant of financial assistance pursuant to this section; and

(II) The manner in which to apply for such financial assistance; and

(2) Assist the proposed adoptive parents in applying for and satisfying any other prerequisites necessary to obtain a grant of financial assistance pursuant to this section and any other relevant subsidies and services which may be available.

3. The [division] agency which provides child welfare services may grant financial assistance for attorney’s fees in the adoption proceeding, for maintenance and for preexisting physical or mental conditions to the adoptive parents of a child with special needs out of money provided for that purpose if the [administrator of the division] head of the agency which provides child welfare services or his designee has reviewed and approved in writing the grant of financial assistance.

4. The grant of financial assistance must be limited, both as to amount and duration, by agreement in writing between the [division] agency which provides child welfare services and the adoptive parents. Such an agreement must not become effective before the entry of the order of adoption.

5. Any grant of financial assistance must be reviewed and evaluated at least once annually by the [division.] agency which provides child welfare services. The evaluation must be presented for approval to the [administrator of the division.] head of the agency which provides child welfare services or his designee. Financial assistance must be discontinued immediately upon written notification to the adoptive parents by the [division] agency which provides child welfare services that continued assistance is denied.

6. All financial assistance provided under this section ceases immediately when the child attains majority, becomes self-supporting, is emancipated or dies, whichever occurs first.

7. Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance affects the legal status or respective obligations of any party to the adoption.

8. A court shall waive all court costs of the proposed adoptive parents in an adoption proceeding for a child with special needs if the [division] agency which provides child welfare services or child-placing agency consents to the adoption of such a child pursuant to this section.

9. The division, in consultation with each agency which provides child welfare services, shall adopt regulations regarding eligibility for and the procedures for applying for a grant of financial assistance pursuant to this section.

Sec. 13. NRS 127.220 is hereby amended to read as follows:

127.220 As used in NRS 127.220 to 127.310, inclusive, unless the context otherwise requires:

1. “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

2. “Arrange the placement of a child” means to make preparations for or bring about any agreement or understanding concerning the adoption of a child.

[2.] 3. “Child-placing agency” means [the division or] a nonprofit corporation organized pursuant to chapter 82 of NRS, and licensed by the division to place children for adoption or permanent free care.

[3.] 4. “Person” includes a hospital.

[4.] 5. “Recommend the placement of a child” means to suggest to a [licensed] child-placing agency that a prospective adoptive parent be allowed to adopt a specific child, born or in utero.

Sec. 14. NRS 127.230 is hereby amended to read as follows:

127.230 1. The division shall:

(a) Establish reasonable minimum standards for child-placing agencies.

(b) [Adopt regulations] In consultation with each agency which provides child welfare services, adopt:

(1) Regulations concerning the operation of an agency which provides child welfare services and child-placing agencies.

[(c) Adopt regulations]

(2) Regulations establishing the procedure to be used by an agency which provides child welfare services and a child-placing agency in placing children for adoption, which must allow the natural parent or parents and the prospective adoptive parent or parents to determine, by mutual consent, the amount of identifying information that will be communicated concerning each of them.

[(d) Adopt any]

(3) Any other regulations necessary to carry out its powers and duties regarding the adoption of children or the placement of children for adoption or permanent free care[.

2. All licensed child-placing agencies] , including, without limitation, such regulations necessary to ensure compliance with the provisions of this chapter and any regulations adopted pursuant thereto.

2. Each agency which provides child welfare services and child-placing agency shall conform to the standards established and the regulations adopted pursuant to subsection 1.

Sec. 15. NRS 127.240 is hereby amended to read as follows:

127.240 1. [No] Except as otherwise provided in this section, no person may place, arrange the placement of, or assist in placing or in arranging the placement of, any child for adoption or permanent free care without securing and having in full force a license to operate a child-placing agency issued by the division. This subsection applies to agents, servants, physicians and attorneys of parents or guardians, as well as to other persons.

2. This section does not prohibit a parent or guardian from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care if the placement is made pursuant to the provisions of NRS 127.280, 127.2805 and 127.2815.

3. This section does not prohibit [the division] an agency which provides child welfare services from placing, arranging the placement of,

or assisting in placing or in arranging the placement of, any child for adoption or permanent free care.

4. This section does not prohibit a person, including a person acting in his professional capacity, from sharing information regarding an adoption if no money or other valuable consideration is paid:

(a) For such information; or

(b) For any other service related to the adoption that is performed after sharing information.

Sec. 16. NRS 127.275 is hereby amended to read as follows:

127.275 1. Except as otherwise provided in this section[,] :

(a) In a county whose population is less than 100,000 the division shall, in accordance with NRS 232.464[,] ; and

(b) In a county whose population is 100,000 or more, the board of county commissioners of the county shall, by ordinance,

charge reasonable fees for the services [it] provided by an agency which provides child welfare services in placing, arranging the placement of or assisting in placing or arranging the placement of any child for adoption, and for conducting any investigation required by NRS 127.2805.

2. The fees charged for those services must vary based on criteria developed by the division[,] and board of county commissioners but must not exceed the usual and customary fees that [licensed] child-placing agencies in the area where the services are provided, or in a similar geographic area, would charge for those services. The division and board of county commissioners shall not discriminate between adoptions made through an agency and specific adoptions in setting its fees.

3. A fee must not be charged for services related to the adoption of a child with special needs.

4. [The division] An agency which provides child welfare services may waive or reduce any fee charged pursuant to this section if [it] the agency which provides child welfare services determines that the adoptive parents are not able to pay the fee or the needs of the child require a waiver or reduction of the fee.

5. Any money collected by an agency which provides child welfare services in a county whose population is less than 100,000 pursuant to this section must be accounted for in the appropriate account of the division and may be used only to pay for the costs of any adoptive or post-adoptive services provided by [the division.] any agency which provides child welfare services in a county whose population is less than 100,000.

6. Any money collected by an agency which provides child welfare services in a county whose population is 100,000 or more pursuant to this section must be deposited in the county treasury for the credit of the agency which provides child welfare services and may be used only to pay for the costs of any adoption or post-adoptive services provided by the agency which provides child welfare services.

Sec. 17. NRS 127.280 is hereby amended to read as follows:

127.280 1. A child may not be placed in the home of prospective adoptive parents for the 30-day residence in that home which is required before the filing of a petition for adoption, except where a child and one of

the prospective adoptive parents are related within the third degree of consanguinity, unless:

(a) The [division] agency which provides child welfare services or a [licensed] child-placing agency first receives written notice of the proposed placement from:

(1) The prospective adoptive parents of the child;

(2) The person recommending the placement; or

(3) A natural parent;

(b) The investigation required by the provisions of NRS 127.2805 has been completed; and

(c) In the case of a specific adoption, the natural parent placing the child for adoption has had an opportunity to review the report on the investigation of the home, if possible.

2. Upon receipt of written notice from any person other than the natural parent, the [division or licensed] agency which provides child welfare services or child-placing agency shall communicate with the natural parent to confirm his intention to place the child for adoption with the prospective adoptive parents identified in the written notice.

Sec. 18. NRS 127.2805 is hereby amended to read as follows:

127.2805 1. The [division] agency which provides child welfare services or a [licensed] child-placing agency shall, within 60 days after receipt of confirmation of the natural parents’ intent to place the child for adoption and a completed application for adoption from the prospective adoptive parents, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption. The investigation must also embrace any other relevant factor relating to the qualifications of the prospective adoptive parents and may be a substitute for the investigation required to be conducted by the [division] agency which provides child welfare services on behalf of the court when a petition for adoption is pending, if the petition for adoption is filed within 6 months after the completion of the investigation required by this subsection. If a [licensed] child-placing agency undertakes the investigation, it shall provide progress reports to the [division] agency which provides child welfare services in such a format and at such times as the [division] agency which provides child welfare services requires to ensure that the investigation will be completed within the 60-day period. If, at any time, the [division] agency which provides child welfare services determines that it is unlikely that the investigation will be completed in a timely manner, the [division] agency which provides child welfare services shall take over the investigation and complete it within the 60-day period or as soon thereafter as practicable.

2. If the placement is to be made in a home outside of this state, the [division or licensed] agency which provides child welfare services or child-placing agency must receive a copy of a report, completed by the appropriate authority, of an investigation of the home and the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child

for adoption, unless the child and one of the prospective adoptive parents are related within the third degree of consanguinity.

Sec. 19. NRS 127.281 is hereby amended to read as follows:

127.281 1. A prospective adoptive parent who is subject to an investigation by the [division] agency which provides child welfare services or a child-placing agency must submit as part of the investigation a complete set of his fingerprints and written permission authorizing the [division] agency which provides child welfare services or child-placing agency to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation.

2. The [division] agency which provides child welfare services or child-placing agency may exchange with the central repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.

3. When a report from the Federal Bureau of Investigation is received by the central repository, it shall immediately forward a copy of the report to the [division] agency which provides child welfare services or child-placing agency that submitted the fingerprints.

4. Any fees for fingerprinting and submission to the central repository and the Federal Bureau of Investigation must be paid by the prospective adoptive parent, except that :

(a) In a county whose population is less than 100,000, the division may adopt regulations providing for the payment of those fees by the division[.] ; or

(b) In a county whose population is 100,000 or more, the board of county commissioners may provide by ordinance for the payment of those fees by the agency which provides child welfare services.

Sec. 20. NRS 127.2815 is hereby amended to read as follows:

127.2815 1. Pending completion of the required investigation, the child must be:

(a) Retained by the natural parent; or

(b) Placed by the natural parent with the [division or licensed] agency which provides child welfare services or child-placing agency and placed by [it] the agency which provides child welfare services in a foster home licensed [by the division,] pursuant to NRS 424.030,

until a determination is made concerning the suitability of the prospective adoptive parents.

2. Upon completion of the investigation, the [division or licensed] agency which provides child welfare services or child-placing agency shall forthwith inform the natural parent, the person recommending the placement and the prospective adoptive parents of the decision to approve or deny the placement. If the prospective adoptive home is found:

(a) Suitable, the natural parent may execute a consent to a specific adoption pursuant to NRS 127.053, if not previously executed, and then the child may be placed in the home of the prospective adoptive parents for the purposes of adoption.

(b) Unsuitable or detrimental to the interest of the child, the [division or licensed] agency which provides child welfare services or child-placing

agency shall file an application in the district court for an order prohibiting the placement. If the court determines that the placement should be prohibited, the court may nullify the written consent to the specific adoption and order the return of the child to the care and control of the parent who executed the consent, but if the parental rights of the parent have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent does not wish to accept the child, then the court may order the placement of the child with the [division] agency which provides child welfare services or a [licensed] child-placing agency for adoption.

Sec. 21. NRS 127.2817 is hereby amended to read as follows:

127.2817 1. The division , in consultation with each agency which provides child welfare services, shall adopt regulations setting forth the criteria to be used by [the division] an agency which provides child welfare services or a [licensed] child-placing agency for determining whether a prospective adoptive home is suitable or unsuitable for the placement of a child for adoption.

2. Upon the completion of an investigation conducted by [the division] an agency which provides child welfare services or a [licensed] child-placing agency pursuant to NRS 127.120 or 127.2805, the [division] agency which provides child welfare services or child-placing agency shall inform the prospective adoptive parent or parents of the results of the investigation. If, pursuant to the investigation, a determination is made that a prospective adoptive home is unsuitable for placement or detrimental to the interest of the child, the [division] agency which provides child welfare services or child-placing agency shall provide the prospective adoptive parent or parents with an opportunity to review and respond to the investigation with the [division] agency which provides child welfare service or child-placing agency before the issuance of the results of the investigation. The identity of those persons who are interviewed or submit information concerning the investigation must remain confidential.

Sec. 22. NRS 127.282 is hereby amended to read as follows:

127.282 1. Whenever the [division] agency which provides child welfare services believes that anyone has violated or is about to violate any of the provisions of this chapter, in addition to any other penalty or remedy provided:

(a) The [division] agency which provides child welfare services may petition the appropriate district court for an order to restrain and enjoin the violation or threatened violation of any of the provisions of this chapter, or to compel compliance with the provisions of this chapter; and

(b) The court shall, if a child has been or was about to be placed in a prospective adoptive home in violation of the provisions of this chapter:

(1) Prohibit the placement if the child was about to be so placed, or order the removal of the child if the child was so placed within 6 months before the filing of the [division’s petition,] petition by the agency which provides child welfare services and proceed pursuant to paragraph (b) of subsection 2 of NRS 127.2815; or

(2) Proceed pursuant to paragraph (b) of subsection 2 of NRS 127.2815 in all other cases if the court determines that it is in the best interest of the child that the child should be removed.

2. Whenever the [division] agency which provides child welfare services believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and the required written notice has not been given, if the [division] agency which provides child welfare services does not proceed pursuant to subsection 1, it shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adoptive parents must be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within that time a license as a foster home must thereafter be issued [by the division] pursuant to NRS 424.030 if the home meets established standards. If, in the opinion of the [division,] agency which provides child welfare services, the placement is detrimental to the interest of the child, the [division] agency which provides child welfare services shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to paragraph (b) of subsection 2 of NRS 127.2815.

Sec. 23. NRS 127.283 is hereby amended to read as follows:

127.283 1. [The division] An agency which provides child welfare services or any child-placing agency [licensed pursuant to this chapter] may publish in any newspaper published in this state or broadcast by television a photograph of and relevant personal information concerning any child who is difficult to place for adoption.

2. A child-placing agency shall not publish or broadcast:

(a) Any personal information which reveals the identity of the child or his parents; or

(b) A photograph or personal information for a child without the prior approval of the agency having actual custody of the child.

Sec. 24. NRS 127.285 is hereby amended to read as follows:

127.285 1. Any attorney licensed to practice in this state or in any other state:

(a) May not receive compensation for:

(1) Taking part in finding children for adoption; or

(2) Finding parents to adopt children.

(b) May receive a reasonable compensation for legal services provided in relation to adoption proceedings.

2. [The division] An agency which provides child welfare services shall report any violation of subsection 1 to the State Bar of Nevada if the alleged violator is licensed to practice in this state, or to the bar association of the state in which the alleged violator is licensed to practice.

3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

Sec. 25. NRS 127.310 is hereby amended to read as follows:

127.310 1. Except as otherwise provided in NRS 127.240, 127.283 and 127.285, any person or organization other than [the division] an

agency which provides child welfare services who, without holding a valid unrevoked license to place children for adoption issued by the division:

(a) Places, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or

(b) Advertises in any periodical or newspaper, or by radio or other public medium, that he will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption,

is guilty of a misdemeanor.

2. Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of NRS 127.280, 127.2805 and 127.2815 is guilty of a misdemeanor.

3. A periodical, newspaper, radio station or other public medium is not subject to any criminal penalty or civil liability for publishing or broadcasting an advertisement that violates the provisions of this section.

Sec. 26. Chapter 128 of NRS is hereby amended by adding thereto a new section to read as follows:

“Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

Sec. 27. NRS 128.010 is hereby amended to read as follows:

128.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 128.011 to 128.018, inclusive, and section 26 of this act, have the meanings ascribed to them in those sections.

Sec. 28. NRS 128.013 is hereby amended to read as follows:

128.013 1. “Injury” to a child’s health or welfare occurs when the parent, guardian or custodian:

(a) Inflicts or allows to be inflicted upon the child, physical, mental or emotional injury, including injuries sustained as a result of excessive corporal punishment;

(b) Commits or allows to be committed against the child, sexual abuse as defined in NRS 432B.100;

(c) Neglects or refuses to provide for the child proper or necessary subsistence, education or medical or surgical care, although he is financially able to do so or has been offered financial or other reasonable means to do so; or

(d) Fails, by specific acts or omissions, to provide the child with adequate care, supervision or guardianship under circumstances requiring the intervention of:

(1) [The division of child and family services of the department of human resources;

(2) A county agency authorized by the juvenile court or family court to receive and investigate reports of abuse or neglect of a child pursuant to NRS 432B.300; or

(3)] An agency which provides child welfare services; or

(2) The juvenile or family court itself.

2. A child’s health or welfare is not considered injured solely because his parent or guardian, in the practice of his religious beliefs, selects and depends upon nonmedical remedial treatment for the child, if such treatment is recognized and permitted under the laws of this state.

Sec. 29. NRS 128.040 is hereby amended to read as follows:

128.040 The [administrator of the division of child and family services of the department of human resources, or his agent,] agency which provides child welfare services, the probation officer, or any other person, including the mother of an unborn child, may file with the clerk of the court a petition under the terms of this chapter. The probation officer of that county or any agency or person designated by the court shall make such investigations at any stage of the proceedings as the court may order or direct.

Sec. 30. NRS 6.155 is hereby amended to read as follows:

6.155 1. Each board of county commissioners may establish and maintain a program whereby a person may forfeit any money that he is entitled to receive pursuant to NRS 6.150 for his services and expenses and have that money donated to an agency which provides [protective] child welfare services and that is located in the county in which the person is serving as a juror. Any money donated through a program established pursuant to this section must be used only for a program or activity which is designed to prevent the abuse or neglect of a child or to benefit an abused or neglected child.

2. As used in this section:

(a) “Abuse or neglect of a child” has the meaning ascribed to it in NRS 432B.020.

(b) “Agency which provides [protective] child welfare services” has the meaning ascribed to it in NRS 432B.030.

Sec. 31. NRS 62.880 is hereby amended to read as follows:

62.880 1. In carrying out the objects and purposes of this chapter, the juvenile court may use the services and facilities of the [division of child and family services of the department of human resources provided by such division pursuant to the provisions of chapter 432 of NRS and NRS 432B.010 to 432B.400, inclusive.

2. The division of child and family] agency which provides child welfare services.

2. The agency which provides child welfare services shall determine the plans, placements and services to be provided any child pursuant to this chapter, chapter 432 of NRS and NRS 432B.010 to 432B.400, inclusive.

3. As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

Sec. 32. NRS 159.044 is hereby amended to read as follows:

159.044 1. Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any concerned person may petition the court for the appointment of a guardian.

2. The petition must state:

(a) The name and address of the petitioner.

(b) The name, age and address of the proposed ward. If he is a minor, the petition must state the date on which he will attain the age of majority and whether he will need guardianship after attaining the age of majority.

(d) The names and addresses, so far as they are known to the petitioner, of the relatives of the proposed ward within the second degree.

(e) The name and address of the proposed guardian.

(f) That the proposed guardian has never been convicted of a felony.

(g) A summary of the reasons why a guardian is needed.

(h) Whether the appointment of a general or a special guardian is sought.

(i) A general description and the probable value of the property of the proposed ward and any income to which he is entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.

(j) The name and address of any person or institution having the care, custody or control of the proposed ward.

(k) The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment.

(l) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.

(m) Whether the guardianship is sought as the result of an investigation of a report of abuse or neglect that is conducted pursuant to chapter 432B of NRS by an agency which provides [protective] child welfare services. As used in this paragraph, “agency which provides [protective] child welfare services” has the meaning ascribed to it in NRS 432B.030.

Sec. 33. NRS 179A.100 is hereby amended to read as follows:

179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

(a) Any which reflect records of conviction only; and

(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:

(a) Reflect convictions only; or

(b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

4. The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information.

5. Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:

(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

(d) The state board of nursing.

(e) The private investigator’s licensing board to investigate an applicant for a license.

(f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.

(g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

(h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

(i) Any public utility subject to the jurisdiction of the public utilities commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.

(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

(k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

(l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.

(m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

(n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

(o) [The division of child and family services of the department of human resources and any county agency that is operated pursuant to NRS 432B.325 or authorized by a court of competent jurisdiction to receive and

investigate reports of abuse or neglect of children and which provides or arranges for protective services for such children.] An agency which provides child welfare services, as defined in NRS 432B.030.

(p) The welfare division of the department of human resources or its designated representative.

(q) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Title IV of the Social Security Act , [(]42 U.S.C. §§ 651 et seq.[).]

(r) The state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.

6. Agencies of criminal justice in this state which receive information from sources outside this state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

Sec. 34. NRS 200.359 is hereby amended to read as follows:

200.359 1. A person having a limited right of custody to a child by operation of law or pursuant to an order, judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who:

(a) In violation of an order, judgment or decree of any court willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child; or

(b) In the case of an order, judgment or decree of any court that does not specify when the right to physical custody or visitation is to be exercised, removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or
visitation,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

2. A parent who has joint legal custody of a child pursuant to NRS 125.465 shall not willfully conceal or remove the child from the custody of the other parent with the specific intent to deprive the other parent of the parent and child relationship. A person who violates this subsection shall be punished as provided in subsection 1.

3. If the mother of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the father of the child shall not willfully conceal or remove the child from the physical custody of the mother. If the father of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the mother of the child shall not willfully conceal or remove the child from the physical custody of the father. A person who violates this subsection shall be punished as provided in subsection 1.

4. Before an arrest warrant may be issued for a violation of this section, the court must find that:

(a) This is the home state of the child, as defined in subsection 5 of NRS 125A.040; and

(b) There is cause to believe that the entry of a court order in a civil proceeding brought pursuant to chapter 125, 125A or 125C of NRS will

not be effective to enforce the rights of the parties and would not be in the best interests of the child.

5. Upon conviction for a violation of this section, the court shall order the defendant to pay restitution for any expenses incurred in locating or recovering the child.

6. The prosecuting attorney may recommend to the judge that the defendant be sentenced as for a misdemeanor and the judge may impose such a sentence if he finds that:

(a) The defendant has no prior conviction for this offense and the child has suffered no substantial harm as a result of the offense; or

(b) The interests of justice require that the defendant be punished as for a misdemeanor.

7. A person who aids or abets any other person to violate this section shall be punished as provided in subsection 1.

8. This section does not apply to a person who detains, conceals or removes a child to protect the child from the imminent danger of abuse or neglect or to protect himself from imminent physical harm, and reported the detention, concealment or removal to a law enforcement agency or an agency which provides [protective] child welfare services within 24 hours after detaining, concealing or removing the child, or as soon as the circumstances allowed. As used in this subsection:

(a) “Abuse or neglect” has the meaning ascribed to it in paragraph (a) of subsection 3 of NRS 200.508.

(b) “Agency which provides [protective] child welfare services” has the meaning ascribed to it in NRS 432B.030.

Sec. 35. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 36 to 39, inclusive, of this act.

Sec. 36. As used in sections 36 to 39, inclusive, of this act, “committee” means the legislative committee on children, youth and families.

Sec. 37. 1. There is hereby established a legislative committee on children, youth and families consisting of:

(a) Five members appointed by the majority leader of the senate, at least two of whom were members of the committee on finance during the immediately preceding legislative session; and

(b) Five members appointed by the speaker of the assembly, at least two of whom were members of the committee on ways and means during the immediately preceding legislative session.

2. The members of the committee shall elect a chairman and vice chairman from among their members. The chairman must be elected from one house of the legislature and the vice chairman from the other house. After the initial election of a chairman and vice chairman, each of those officers holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the committee shall elect a replacement for the remainder of the unexpired term.

3. Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the legislature.

4. Vacancies on the committee must be filled in the same manner as the original appointments.

Sec. 38. 1. The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee.

2. The director of the legislative counsel bureau or his designee shall act as the nonvoting recording secretary.

3. The committee shall prescribe regulations for its own management and government.

4. Except as otherwise provided in subsection 5, six voting members of the committee constitute a quorum.

5. Any recommended legislation proposed by the committee must be approved by a majority of the members of the senate and by a majority of the members of the assembly appointed to the committee.

6. Except during a regular or special session of the legislature, the members of the committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207 for each day or portion of a day of attendance at a meeting of the committee and while engaged in the business of the committee. The salaries and expenses paid pursuant to this subsection and the expenses of the committee must be paid from the legislative fund.

Sec. 39. The committee shall:

1. Study and comment upon issues related to the provision of child welfare services within this state, including, without limitation:

(a) Programs for the provision of child welfare services;

(b) Licensing and reimbursement of providers of foster care;

(d) Compliance with federal requirements.

2. Receive progress reports and testimony from the division of child and family services of the department of human resources on the activities of each mental health consortium established pursuant to section 121 of this act.

3. Conduct investigations and hold hearings in connection with its powers pursuant to this section.

4. Request that the legislative counsel bureau assist in the study of issues related to the provision of child welfare services within this state.

5. Make recommendations to the legislature concerning the manner in which the provision of child welfare services within this state may be improved.

Sec. 40. NRS 232.400 is hereby amended to read as follows:

232.400 1. The purposes of the division [of child and family services in the department] are to:

(a) Provide a comprehensive state system for the coordination and provision of services to children and families who need assistance relating to juvenile justice and the care, welfare and mental health of children.

(b) Aid in the preservation, rehabilitation and reunification of families.

(d) [Provide] Coordinate and provide services for youth who are in need of residential care or in need of treatment or both.

2. In accomplishing its purposes, the division shall:

(a) Establish and [operate a central, comprehensive state] coordinate a system for:

(1) The diagnosis and assessment of the needs of particular children and families, including those in need of multiple services;

(2) The referral of children and families to appropriate services; and

(3) The management and monitoring of cases in which children and families are referred to multiple services.

(b) [Provide] Plan and coordinate the provision of services for the support of families to:

(1) Maintain the integrity of families;

(2) Ensure that children are not unnecessarily removed from their homes; and

(3) Ensure that families are reunited as soon as practicable after the removal of children from their homes.

(c) Ensure that a sufficient range of services is available to provide care and treatment to children and families in the least restrictive setting appropriate to their needs.

(d) Work closely with other governmental agencies and with public and private agencies providing the same or similar services.

3. The division shall develop standards for carrying out programs aimed toward the prevention of delinquent acts of children and programs for the treatment of those brought to its attention. It shall assist in the development of programs for the predelinquent children whose behavior tends to lead them into contact with law enforcement agencies.

4. The division shall develop and assist in carrying out programs for the diversion of juveniles out of the judicial system and programs for the aftercare of juveniles who have been released from state institutions, who have been brought before the juvenile court or family court or have otherwise come into contact with law enforcement agencies. The administrator of the division shall observe and evaluate the success of those programs.

Sec. 41. NRS 392.126 is hereby amended to read as follows:

392.126 1. There is hereby created in each county at least one advisory board to review school attendance. The membership of each such board may consist of:

(a) One probation officer in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;

(b) One representative of a law enforcement agency in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;

(d) One parent or legal guardian of a pupil who is enrolled in a public school in the county, or his designee or alternate who is also a parent or legal guardian, appointed by the president of the board of trustees of the school district;

(e) One member of the board of trustees of the school district, appointed by the president of the board of trustees;

(f) One school counselor or school teacher employed by the school district, appointed by an organization or association that represents licensed educational personnel in the school district;

(g) One deputy sheriff in the county, appointed by the sheriff of the county; and

(h) One representative of the [local office of the division of child and family services of the department of human resources, appointed by the executive head of that office.] agency which provides child welfare services, as defined in NRS 432B.030.

2. The members of each such board shall elect a chairman from among their membership.

3. Each member of such a board must be appointed for a term of 2 years. A vacancy in the membership of the board must be filled in the same manner as the original appointment for the remainder of the unexpired term.

4. Each member of such a board serves without compensation, except that, for each day or portion of a day during which a member of the board attends a meeting of the board or is otherwise engaged in the business of the board, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The board of trustees of the school district shall pay the per diem allowance and travel expenses from the general fund of the school district.

Sec. 42. NRS 392.165 is hereby amended to read as follows:

392.165 1. The board of trustees of a school district and the governing body of a charter school shall not allow a child to be permanently enrolled in any school in the district or any charter school until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the child’s identity and, if applicable, a copy of the child’s records from the school he most recently attended.

2. Except as otherwise provided in subsection 3, a child must be enrolled in a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the board of trustees of the school district or the governing body of a charter school to enroll the child under a name other than the name which appears in the identifying document or records.

3. A child who is in the custody of the [division of child and family services of the department of human resources] agency which provides child welfare services, as defined in NRS 432B.030, may be enrolled in a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.

4. If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally enrolled, the principal, superintendent or governing body of a charter school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.

Sec. 43. NRS 392.210 is hereby amended to read as follows:

392.210 1. Except as otherwise provided in subsection 2, a parent, guardian or other person who has control or charge of any child and to whom notice has been given of the child’s truancy as provided in NRS 392.130 and 392.140, and who fails to prevent the child’s subsequent truancy within that school year, is guilty of a misdemeanor.

2. A person who is licensed [by the division of child and family services of the department of human resources] pursuant to NRS 424.030 to conduct a family foster home or group foster home is liable pursuant to subsection 1 for a child in his foster care only if the person has received notice of the truancy of the child as provided in NRS 392.130 and 392.140, and negligently fails to prevent the subsequent truancy of the child within that school year.

Sec. 44. NRS 394.145 is hereby amended to read as follows:

394.145 1. A private elementary or secondary school in this state shall not permanently admit any child until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the child’s identity and, if applicable, a copy of the child’s records from the school he most recently attended.

2. Except as otherwise provided in subsection 3, a child must be admitted to a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the principal or other person in charge of that school to admit the child under a name other than the name which appears in the identifying document or records.

3. A child who is in the custody of the [division of child and family services of the department of human resources] agency which provides child welfare services, as defined in NRS 432B.030, may be admitted to a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.

4. If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally admitted, the principal or other person in charge of the school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.

5. Any parent, guardian or other person who, with intent to deceive under this section:

(a) Presents a false birth certificate or record of attendance at school; or

(b) Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4,

of a child under 17 years of age who is under his control or charge, is guilty of a misdemeanor.

Sec. 45. Chapter 424 of NRS is hereby amended by adding thereto a new section to read as follows:

“Licensing authority” means:

1. In a county whose population is 100,000 or more, the agency which provides child welfare services, as defined in NRS 432B.030; and

2. In a county whose population is less than 100,000, the division.

1-1 Sec. 46. NRS 424.010 is hereby amended to read as follows:

1-2 424.010 As used in this chapter, unless the context otherwise requires,

1-3 the words and terms defined in NRS 424.012 to 424.017, inclusive, and

1-4 section 45 of this act have the meanings ascribed to them in those sections.

1-5 Sec. 47. NRS 424.013 is hereby amended to read as follows:

1-6 424.013 “Family foster home” means a family home in which one to

1-7 six children under [16] 18 years of age not related [by blood, adoption or

1-8 marriage] within the first degree of consanguinity or affinity to the person

1-9 or persons maintaining the home are received, cared for and maintained,

1-10 for compensation or otherwise, including the provision of permanent free

1-11 care. The term includes a family home in which such a child is received,

1-12 cared for and maintained pending completion of proceedings for the

1-13 adoption of the child by the person or persons maintaining the home.

1-14 Sec. 48. NRS 424.015 is hereby amended to read as follows:

1-15 424.015 “Group foster home” means a natural person, partnership,

1-16 firm, corporation or association who provides full-time care for 7 to 15

1-17 children who are:

1-18 1. Under [16] 18 years of age;

1-19 2. Not related [by blood, adoption or marriage] within the first degree

1-20 of consanguinity or affinity to any natural person maintaining or operating

1-21 the home; and

1-22 3. Received, cared for and maintained for compensation or otherwise,

1-23 including the provision of permanent free care.

1-24 Sec. 49. NRS 424.017 is hereby amended to read as follows:

1-25 424.017 “Provider of family foster care” means a person who is

1-26 licensed [by the division] to conduct a family foster home pursuant to NRS

1-27 424.030.

1-28 Sec. 50. NRS 424.020 is hereby amended to read as follows:

1-29 424.020 1. The division, in consultation with each licensing

1-30 authority in a county whose population is 100,000 or more, shall adopt

1-31 regulations to:

1-32 (a) Establish procedures and requirements for the licensure of family

1-33 foster homes and group foster homes; and

1-34 (b) Monitor such licensure.

1-35 2. The division, in cooperation with the state board of health and the

1-36 state fire marshal, shall:

1-37 (a) Establish reasonable minimum standards for family foster homes

1-38 and group foster homes.

1-39 (b) Prescribe rules for the regulation of family foster homes and group

1-40 foster homes.

1-41 [2. All licensed]

2-1 3. All family foster homes and group foster homes licensed pursuant

2-2 to this chapter must conform to the standards established and the rules

2-3 prescribed in subsection [1.] 2.

2-4 Sec. 51. NRS 424.030 is hereby amended to read as follows:

2-5 424.030 1. No person may conduct a family foster home or a group

2-6 foster home without receiving a license to do so from the [division.

2-7 2. Except as otherwise provided in subsection 4, no] licensing

2-8 authority.

2-9 2. No license may be issued to a family foster home or a group foster

2-10 home until a fair and impartial investigation of the home and its standards

2-11 of care has been made by the [division or a child-placing agency licensed

2-12 by the division.] licensing authority or its designee.

2-13 3. Any family foster home or group foster home that conforms to the

2-14 established standards of care and prescribed rules must receive a regular

2-15 license from the [division,] licensing authority, which must be in force for

2-16 1 year after the date of issuance. On reconsideration of the standards

2-17 maintained, the license may be renewed annually.

2-18 4. [When, because of an emergency situation, a child must be placed

2-19 before completion of the licensing investigation, a family foster home or

2-20 group foster home may be issued a provisional license for a period not to

2-21 exceed 3 months, renewable for one additional period not to exceed 3

2-22 months. A provisional license may be issued to a foster home only after

2-23 determination that the health and safety of the child or children placed

2-24 therein will not be jeopardized. If at any time during the period a

2-25 provisional license is in effect, it is determined that the foster home does

2-26 not meet minimum licensing standards, the provisional license must be

2-27 revoked and any child or children placed in the foster home must be

2-28 promptly removed by the placing agency. If, on or before the expiration

2-29 date of the provisional license, it has been determined that the foster home

2-30 meets minimum licensing standards, a regular license must be issued

2-31 pursuant to the provisions of subsection 3, to be in force for 1 year after the

2-32 date of issuance.

2-33 5. When] If a family foster home or group foster home does not meet

2-34 minimum licensing standards but offers values and advantages to a

2-35 particular child or children and will not jeopardize the health and safety of

2-36 the child or children placed therein, the family foster home or group foster

2-37 home may be issued a special license, which must be in force for 1 year

2-38 after the date of issuance and may be renewed annually. No foster children

2-39 other than those specified on the license may be cared for in the home.

2-40 [6.] 5. The license must show:

2-41 (a) The name of the persons licensed to conduct the family foster home

2-42 or group foster home.

2-43 (b) The exact location of the family foster home or group foster home.

2-44 (c) The number of children that may be received and cared for at one

2-45 time.

2-46 (d) If the license is a special license issued pursuant to subsection [5,] 4,

2-47 the name of the child or children for whom the family foster home or

2-48 group foster home is licensed to provide care.

3-1 [7.] 6. No family foster home or group foster home may receive for

3-2 care more children than are specified in the license.

3-3 7. In consultation with each licensing authority in a county whose

3-4 population is 100,000 or more, the division may adopt regulations

3-5 regarding the issuance of provisional and special licenses.

3-6 Sec. 52. NRS 424.031 is hereby amended to read as follows:

3-7 424.031 1. The [division] licensing authority or a person or entity

3-8 designated by the licensing authority shall obtain from appropriate law

3-9 enforcement agencies information on the background and personal history

3-10 of each applicant for a license to conduct a foster home, prospective

3-11 employee of that applicant or of a person who is licensed to conduct a

3-12 foster home, and resident of a foster home who is 18 years of age or older,

3-13 to determine whether the person investigated has been arrested for or

3-14 convicted of any crime.

3-15 2. The [division] licensing authority or its approved designee may

3-16 charge each person investigated pursuant to this section for the reasonable

3-17 cost of that investigation.

3-18 Sec. 53. NRS 424.033 is hereby amended to read as follows:

3-19 424.033 1. Each applicant for a license to conduct a foster home,

3-20 prospective employee of that applicant or of a person who is licensed to

3-21 conduct a foster home, or resident of a foster home who is 18 years of age

3-22 or older [shall] must submit to the [division] licensing authority or its

3-23 approved designee a complete set of his fingerprints and written

3-24 permission authorizing the [division] licensing authority or its approved

3-25 designee to forward those fingerprints to the central repository for Nevada

3-26 records of criminal history for submission to the Federal Bureau of

3-27 Investigation for its report to enable the [division] licensing authority or

3-28 its approved designee to conduct an investigation pursuant to NRS

3-29 424.031.

3-30 2. The [division] licensing authority or its approved designee may

3-31 exchange with the central repository or the Federal Bureau of Investigation

3-32 any information respecting the fingerprints submitted.

3-33 3. When a report from the Federal Bureau of Investigation is received

3-34 by the central repository, it shall immediately forward a copy of the report

3-35 to the [division.] licensing authority or its approved designee.

3-36 Sec. 54. NRS 424.036 is hereby amended to read as follows:

3-37 424.036 Before issuing a license to conduct a family foster home

3-38 pursuant to NRS 424.030, the [division] licensing authority shall discuss

3-39 with the applicant and, to the extent possible, ensure that the applicant

3-40 understands:

3-41 1. The role of a provider of family foster care, the [division] licensing

3-42 authority and the members of the immediate family of a child placed in a

3-43 family foster home; and

3-44 2. The personal skills which are required of a provider of family foster

3-45 care and the other residents of a family foster home to provide effective

3-46 foster care.

3-47 Sec. 55. NRS 424.037 is hereby amended to read as follows:

3-48 424.037 1. Before placing a child with a provider of family foster

3-49 care, the [division] licensing authority shall inform the provider of the

4-1 plans, if any, which the [division] licensing authority has developed

4-2 relating to the provision of care required for that child. If the plan for the

4-3 child changes, the [division] licensing authority shall inform the provider

4-4 of family foster care of the changes and the reasons for those changes.

4-5 2. The [division] licensing authority shall consult with a provider of

4-6 family foster care concerning the care to be provided to a child placed with

4-7 the provider, including appropriate disciplinary actions that may be taken.

4-8 3. If issues concerning the health, safety or care of a child occur during

4-9 the placement of the child with a provider of family foster care, the

4-10 [division] licensing authority shall:

4-11 (a) Consider the daily routine of the provider when determining how to

4-12 respond to those issues; and

4-13 (b) To the extent possible, respond to those issues in a manner which is

4-14 the least disruptive to that daily routine, unless that response would not be

4-15 in the best interest of the child.

4-16 Sec. 56. NRS 424.038 is hereby amended to read as follows:

4-17 424.038 1. Before placing, and during the placement of, a child in a

4-18 family foster home, the [division] licensing authority shall provide to the

4-19 provider of family foster care such information relating to the child as is

4-20 necessary to ensure the health and safety of the child and the other

4-21 residents of the family foster home. This information must include the

4-22 medical history and previous behavior of the child to the extent that such

4-23 information is available.

4-24 2. The provider of family foster care may at any time before, during or

4-25 after the placement of the child in his family foster home, request

4-26 information about the child from the [division.] licensing authority. After

4-27 the child has left the care of the provider, the [division] licensing authority

4-28 shall provide the information requested by the provider, unless the

4-29 information is otherwise declared to be confidential by law or the

4-30 [division] licensing authority determines that providing the information is

4-31 not in the best interests of the child.

4-32 3. The provider of family foster care shall maintain the confidentiality

4-33 of information obtained pursuant to this section under the terms and

4-34 conditions otherwise required by law.

4-35 Sec. 57. NRS 424.040 is hereby amended to read as follows:

4-36 424.040 [The division, or its authorized agent,] A licensing authority

4-37 or its designee shall visit every licensed family foster home and group

4-38 foster home as often as necessary to ensure that proper care is given to the

4-39 children.

4-40 Sec. 58. NRS 424.047 is hereby amended to read as follows:

4-41 424.047 1. [The division] A licensing authority shall, upon request,

4-42 provide to a provider of family foster care access to all information, except

4-43 references, in the records maintained by the [division] licensing authority

4-44 concerning that provider.

4-45 2. After reasonable notice and by appointment, a provider of family

4-46 foster care may inspect the information kept in those records.

4-47 Sec. 59. NRS 424.050 is hereby amended to read as follows:

4-48 424.050 Whenever [the division] a licensing authority is advised or

4-49 has reason to believe that any person is conducting or maintaining a foster

5-1 home for children without a license, as required by this chapter, the

5-2 [division] licensing authority shall have an investigation made. If the

5-3 person is conducting a foster home, the [division] licensing authority shall

5-4 either issue a license or take action to prevent continued operation of the

5-5 foster home.

5-6 Sec. 60. NRS 424.060 is hereby amended to read as follows:

5-7 424.060 If the [division] licensing authority at any time finds that a

5-8 child in a foster home is subject to undesirable influences or lacks proper

5-9 or wise care and management, the [division] licensing authority shall

5-10 notify any agency or institution that has placed the child in the home to

5-11 remove the child from the home. If the child is in a foster home where he

5-12 has been placed by his parents, relatives or other persons independently of

5-13 any agency, the [division] licensing authority shall take necessary action

5-14 to remove the child and arrange for his care.

5-15 Sec. 61. NRS 424.070 is hereby amended to read as follows:

5-16 424.070 No person other than the parents or guardian of a child and no

5-17 agency or institution in this state or from outside this state may place any

5-18 child in the control or care of any person without sending notice of the

5-19 pending placement and receiving approval of the placement from the

5-20 division[.] or its designee. No such person, parent, guardian, agency or

5-21 institution may place a child for adoption except as otherwise provided in

5-22 chapter 127 of NRS.

5-23 Sec. 62. NRS 424.075 is hereby amended to read as follows:

5-24 424.075 1. A provider of family foster care may:

5-25 (a) Refuse to accept the placement of a child in his family foster home;

5-26 or

5-27 (b) Request that a child placed in his family foster home be

5-28 removed,

5-29 unless the provider has a written agreement with the [division] licensing

5-30 authority to the contrary.

5-31 2. If a provider of family foster care refuses to accept the placement of

5-32 a child in, or requests the removal of a child from, his family foster home,

5-33 the [division] licensing authority may not, based solely on that refusal or

5-34 request:

5-35 (a) Revoke the license of the provider to conduct a family foster home;

5-36 (b) Remove any other child placed in the family foster home;

5-37 (c) Refuse to consider future placements of children in the family foster

5-38 home; or

5-39 (d) Refuse or deny any other rights of the provider as may be provided

5-40 by the provisions of this chapter and any regulations adopted pursuant

5-41 thereto.

5-42 Sec. 63. NRS 424.077 is hereby amended to read as follows:

5-43 424.077 1. The division shall [establish, by regulation,] , in

5-44 consultation with each licensing authority in a county whose population

5-45 is 100,000 or more, adopt regulations for the establishment of a program

5-46 pursuant to which a provider of family foster care may receive respite from

5-47 the stresses and responsibilities that result from the daily care of children

5-48 placed in his family foster home.

6-1 2. The [division shall provide] licensing authority shall establish and

6-2 operate a program that complies with the regulations adopted pursuant

6-3 to subsection 1 to provide respite, training and support to a provider of

6-4 family foster care in order to develop and enhance the skills of the provider

6-5 to provide foster care.

6-6 Sec. 64. NRS 424.079 is hereby amended to read as follows:

6-7 424.079 Upon the request of a provider of family foster care, the

6-8 [division] licensing authority shall allow the provider to visit a child after

6-9 the child leaves the care of the provider if:

6-10 1. The child agrees to the visitation; and

6-11 2. The [division] licensing authority determines that the visitation is in

6-12 the best interest of the child.

6-13 Sec. 65. NRS 424.085 is hereby amended to read as follows:

6-14 424.085 1. Except as otherwise provided by specific statute, a person

6-15 who is licensed by the [division]licensing authority pursuant to NRS

6-16 424.030 to conduct a family foster home or group foster home is not liable

6-17 for any act of a child in his foster care unless the person licensed by the

6-18 [division] licensing authority took an affirmative action that contributed to

6-19 the act of the child.

6-20 2. The immunity from liability provided pursuant to this section

6-21 includes, without limitation, immunity from any fine, penalty, debt or other

6-22 liability incurred as a result of the act of the child.

6-23 Sec. 66. NRS 424.090 is hereby amended to read as follows:

6-24 424.090 The provisions of this chapter do not apply to homes in

6-25 which:

6-26 1. Care is provided only for a neighbor’s or friend’s child on an

6-27 irregular or occasional basis for a brief period, not to exceed 90 days.

6-28 2. Care is provided by the legal guardian.

6-29 3. Care is provided for an exchange student.

6-30 4. Care is provided to enable a child to take advantage of educational

6-31 facilities that are not available in his home community.

6-32 5. Any child or children are received, cared for and maintained

6-33 pending completion of proceedings for adoption of such child or children,

6-34 except as otherwise provided in [NRS 127.2815.] regulations adopted by

6-35 the division.

6-36 6. Except as otherwise provided in regulations adopted by the

6-37 division, care is voluntarily provided to a minor child who is:

6-38 (a) Related to the caretaker by blood, adoption or marriage; and

6-39 (b) Not in the custody of an agency which provides child welfare

6-40 services.

6-41 Sec. 67. Chapter 432 of NRS is hereby amended by adding thereto a

6-42 new section to read as follows:

6-43 1. The head of the agency which provides child welfare services in a

6-44 county whose population is 100,000 or more shall furnish to the county

6-45 comptroller and the administrator of the division a full, true and correct

6-46 list of claimants in the county who are entitled to payment for the care

6-47 and services provided for in NRS 432.010 to 432.085, inclusive, and of

6-48 the amount to be paid to each of them, certified to by him as being a full,

6-49 true and correct list of such claimants in that county and the amount to

7-1 which each of them is entitled pursuant to NRS 432.010 to 432.085,

7-2 inclusive. The list is subject to revision by the head of the agency which

7-3 provides child welfare services to make it conform to such changes as

7-4 may be made pursuant to the terms of NRS 432.010 to 432.085, inclusive.

7-5 2. The total amount of federal and state money to which each

7-6 claimant is entitled pursuant to the provisions of NRS 432.010 to

7-7 432.085, inclusive, must be paid in the manner provided in NRS 244.210.

7-8 Sec. 68. NRS 432.010 is hereby amended to read as follows:

7-9 432.010 As used in this chapter, except as otherwise defined by

7-10 specific statute or unless the context otherwise requires:

7-11 1. “Administrator” means the administrator of the division.

7-12 2. “Agency which provides child welfare services” has the meaning

7-13 ascribed to it in NRS 432B.030.

7-14 3. “Child” means a person less than 18 years of age, or if in school,

7-15 until graduation from high school.

7-16 [3.] 4. “Division” means the division of child and family services of

7-17 the department of human resources.

7-18 [4.] 5. “Maintenance” means general expenses for care such as board,

7-19 shelter, clothing, transportation and other necessary or incidental expenses,

7-20 or any of them, or monetary payments therefor.

7-21 [5.] 6. “Special services” means medical, hospital, psychiatric,

7-22 surgical or dental services, or any combination thereof.

7-23 Sec. 69. NRS 432.020 is hereby amended to read as follows:

7-24 432.020 [The division] An agency which provides child welfare

7-25 services shall:

7-26 1. Provide, to the extent that support is not otherwise required by court

7-27 order or pursuant to specific statute, maintenance and special services to:

7-28 (a) Unmarried mothers and children awaiting adoptive placement.

7-29 (b) Children who are placed in the custody of the [division,] agency

7-30 which provides child welfare services, and who are placed in foster homes,

7-31 homes of relatives other than parents or other facilities or institutions.

7-32 Except as otherwise provided by specific statute, if any child is to be

7-33 placed in the custody of the [division,] agency which provides child

7-34 welfare services, pursuant to any order of a court or request made by a

7-35 person or agency other than the [division,] agency which provides child

7-36 welfare services, this order or request may be issued or made only after an

7-37 opportunity for a hearing has been given to the [division] agency which

7-38 provides child welfare services after 3 days’ notice, or upon request of the

7-39 [division.] agency which provides child welfare services.

7-40 2. Except as otherwise provided by court order or specific statute,

7-41 return a child to his natural home or home of a competent relative for a

7-42 probationary period any time after the expiration of 60 days after the

7-43 placement of the child in the custody of the [division,] agency which

7-44 provides child welfare services, with notification to but without formal

7-45 application to a court, but the [division] agency which provides child

7-46 welfare services retains the right to custody of the child during the

7-47 probationary period, until a court of competent jurisdiction determines

7-48 proper custody of the child.

8-1 [3. Accept money from and cooperate with the United States or any of

8-2 its agencies in carrying out the provisions of NRS 432.010 to 432.085,

8-3 inclusive, and of any federal acts pertaining to public child welfare and

8-4 youth services, insofar as authorized by the legislature.]

8-5 Sec. 70. NRS 432.027 is hereby amended to read as follows:

8-6 432.027 As soon as practicable after [the division] an agency which

8-7 provides child welfare services receives an application by a person to

8-8 receive the placement of a child, the [division] agency which provides

8-9 child welfare services shall notify the person in writing as to whether the

8-10 person will be considered for approval as an adoptive parent or as a

8-11 provider of foster care.

8-12 Sec. 71. NRS 432.030 is hereby amended to read as follows:

8-13 432.030 No employee of [the division] an agency which provides

8-14 child welfare services may provide maintenance and special services for

8-15 any child except as otherwise provided by specific statute or:

8-16 1. Upon the request of a child whom the [division] agency which

8-17 provides child welfare services determines to be emancipated;

8-18 2. Pursuant to court order or request; or

8-19 3. Upon referral of appropriate law enforcement officials for

8-20 emergency care.

8-21 Sec. 72. NRS 432.0305 is hereby amended to read as follows:

8-22 432.0305 The department of human resources, through the division,

8-23 shall:

8-24 1. Observe and study the changing nature and extent of the need for

8-25 child welfare services and develop through tests and demonstrations

8-26 effective ways of meeting those needs.

8-27 2. Cooperate with the Federal Government in adopting state plans, in

8-28 all matters of mutual concern, including the adoption of methods of

8-29 administration found by the Federal Government to be necessary for the

8-30 efficient operation of programs for child welfare, and in increasing the

8-31 efficiency of those programs by prompt and judicious use of new federal

8-32 grants which will assist the division in carrying out the provisions of NRS

8-33 432.010 to 432.085, inclusive. The department shall consider any request

8-34 for a change in the state plan submitted by an agency which provides

8-35 child welfare services.

8-36 3. Enter into reciprocal agreements with other states relative to

8-37 services for child welfare and institutional care, when deemed necessary or

8-38 convenient by the administrator of the division.

8-39 4. Enter into agreements with an agency which provides child

8-40 welfare services in a county whose population is 100,000 or more when

8-41 deemed necessary or convenient by the administrator of the division.

8-42 5. Accept money from and cooperate with the United States or any of

8-43 its agencies in carrying out the provisions of NRS 432.010 to 432.085,

8-44 inclusive, and of any federal acts pertaining to public child welfare and

8-45 youth services, insofar as authorized by the legislature.

8-46 Sec. 73. NRS 432.031 is hereby amended to read as follows:

8-47 432.031 1. The department of human resources, through the division,

8-48 shall act as the single state agency of the State of Nevada and its political

9-1 subdivisions in the administration of any federal money granted to the state

9-2 to aid in the furtherance of any services and activities for child welfare.

9-3 2. If the Congress of the United States passes any law increasing the

9-4 participation of the Federal Government in a Nevada program for child

9-5 welfare, either as relates to eligibility for assistance or otherwise, the

9-6 director of the department of human resources is authorized to accept, with

9-7 the approval of the governor, the increased benefits of that legislation. The

9-8 division may adopt such standards as are required by the Congress of the

9-9 United States as a condition to the acceptance of those benefits.

9-10 3. An agency which provides child welfare services in a county

9-11 whose population is 100,000 or more shall enter into such agreements

9-12 with the division as are necessary to maximize the amount of money that

9-13 this state may obtain from the Federal Government for the provision of

9-14 child welfare services throughout this state.

9-15 Sec. 74. NRS 432.032 is hereby amended to read as follows:

9-16 432.032 The division , in consultation with each agency which

9-17 provides child welfare services, shall adopt regulations for the

9-18 administration of NRS 432.010 to 432.085, inclusive, which are binding

9-19 upon all recipients and local units.

9-20 Sec. 75. NRS 432.033 is hereby amended to read as follows:

9-21 432.033 To secure accuracy, uniformity and completeness in statistics

9-22 and information, the division , in consultation with each agency which

9-23 provides child welfare services, may prescribe forms of reports and records

9-24 to be kept by an agency which provides child welfare services and all

9-25 persons subject to [its] supervision by the division or investigation pursuant

9-26 to NRS 432.010 to 432.085, inclusive.

9-27 Sec. 76. NRS 432.035 is hereby amended to read as follows:

9-28 432.035 1. To safeguard and restrict the use or disclosure of any

9-29 information concerning applicants for and recipients of services for child

9-30 welfare to purposes directly connected to the administration of NRS

9-31 432.010 to 432.085, inclusive, by the division, pursuant to the applicable

9-32 provisions of the Social Security Act, the division shall , in consultation

9-33 with each agency which provides child welfare services, establish and

9-34 enforce reasonable regulations governing the custody, use and preservation

9-35 of the records, files and communications filed with the division[.] and any

9-36 agency which provides child welfare services.

9-37 2. Whenever, pursuant to the provisions of law or regulations of the

9-38 division, names and addresses of, or information concerning, applicants for

9-39 and recipients of services for child welfare are furnished to or held by an

9-40 agency which provides child welfare services or any other agency or

9-41 department of government, that agency or department shall comply with

9-42 the regulations of the division prohibiting the publication of information

9-43 and its use for purposes not directly connected with the administration of

9-44 NRS 432.010 to 432.085, inclusive, by the division.

9-45 3. Except for purposes directly connected with the administration of

9-46 NRS 432.010 to 432.085, inclusive, no person may publish, disclose, use

9-47 or permit or cause to be published, disclosed or used any confidential

9-48 information pertaining to a recipient of services under the provisions of

9-49 NRS 432.010 to 432.085, inclusive.

10-1 Sec. 77. NRS 432.037 is hereby amended to read as follows:

10-2 432.037 1. The trust fund for child welfare is hereby created. All

10-3 benefits for survivors or other awards payable to children receiving child

10-4 welfare services pursuant to NRS 432.010 to 432.085, inclusive, in a

10-5 county whose population is less than 100,000 must be deposited in the

10-6 state treasury for credit to the fund.

10-7 2. The division shall:

10-8 (a) Keep a separate account for each child who receives money.

10-9 (b) Deduct from the account any services to the child provided by

10-10 public money. Any surplus remaining may be expended for extraordinary

10-11 items deemed beneficial to the child.

10-12 (c) Remit any surplus balance to the parent or legal guardian of the

10-13 child, or to the child if he is emancipated or has reached the age of 18

10-14 years, when the division is no longer legally responsible for him.

10-15 3. The division shall pay interest to each child’s separate account

10-16 maintained in the trust fund for child welfare at the end of each interest

10-17 period. Interest must be paid at a rate equal to the average of the interest

10-18 rates quoted by at least three banking institutions for interest-bearing

10-19 savings accounts of $3,000 or less on the first day of each interest period.

10-20 Interest must be paid on the child’s account commencing with the first

10-21 interest period that the division is legally responsible for the child. Interest

10-22 must not be paid for the interest period during which the child ceases to be

10-23 the legal responsibility of the division.

10-24 4. All benefits for survivors or other awards payable to children

10-25 receiving child welfare services in a county whose population is 100,000

10-26 or more pursuant to NRS 432.010 to 432.085, inclusive, must be

10-27 deposited in the trust fund for child welfare established in the county

10-28 treasury. A disbursement from the benefits for survivors or other awards

10-29 of a child which is deposited in the fund may be made to the agency

10-30 which provides child welfare services for any child welfare services

10-31 provided to the child with public money.

10-32 5. As used in this section, “interest period” means that period not less

10-33 frequent than quarterly, as determined by the state treasurer, for which

10-34 interest must be paid.

10-35 Sec. 78. NRS 432.038 is hereby amended to read as follows:

10-36 432.038 1. Subject to the approval and regulations of the state board

10-37 of examiners, the division may maintain an account in a bank or credit

10-38 union for the purchase of birth certificates, death certificates and other

10-39 records of vital statistics necessary to perform eligibility and other case-

10-40 work functions of the division in a county whose population is less than

10-41 100,000 pursuant to NRS 432.010 to 432.085, inclusive.

10-42 2. Subject to the approval of the board of county commissioners of

10-43 the county, an agency that provides child welfare services in a county

10-44 whose population is 100,000 or more may maintain an account in a bank

10-45 or credit union for the purchase of birth certificates, death certificates

10-46 and other records of vital statistics necessary to perform eligibility and

10-47 other case-work functions of the agency pursuant to NRS 432.010 to

10-48 432.085, inclusive.

11-1 Sec. 79. NRS 432.039 is hereby amended to read as follows:

11-2 432.039 1. When in the judgment of the court it is in the best

11-3 interests of a child in the lawful custody of [the division, the division] an

11-4 agency which provides child welfare services, such an agency may

11-5 petition for appointment as guardian of the person and estate of the child in

11-6 the manner provided by chapter 159 of NRS.

11-7 2. The clerk of the district court, county clerk, county recorder or other

11-8 county officer shall not require the payment of any fees or charges by the

11-9 [division] agency which provides child welfare services for appointment

11-10 as guardian pursuant to this section and the district court shall waive the

11-11 furnishing of a bond by the [division] agency which provides child welfare

11-12 services if it is appointed guardian.

11-13 3. Except as otherwise provided in this section, the [division] agency

11-14 which provides child welfare services shall comply with all applicable

11-15 provisions of chapter 159 of NRS.

11-16 Sec. 80. NRS 432.070 is hereby amended to read as follows:

11-17 432.070 1. The administrator shall furnish to the state controller a

11-18 full, true and correct list of claimants in each county whose population is

11-19 less than 100,000 who are entitled to payment for the care and services

11-20 provided for in NRS 432.010 to 432.085, inclusive, and of the amount to

11-21 be paid to each of them from the state child welfare services account,

11-22 certified to by him as being a full, true and correct list of such claimants in

11-23 that county and the amount to which each of them is entitled [under]

11-24 pursuant to NRS 432.010 to 432.085, inclusive. The list is subject to

11-25 revision by the administrator to make it conform to such changes as may be

11-26 made pursuant to the terms of NRS 432.010 to 432.085, inclusive.

11-27 2. Upon receiving the certified list the state controller shall promptly

11-28 draw his warrant upon the state child welfare services account payable to

11-29 each claimant in the amount to which he is entitled, and the state treasurer

11-30 shall pay the same. Every warrant must be for the total amount of federal

11-31 and state money to which each claimant is entitled [under] pursuant to the

11-32 provisions of NRS 432.010 to 432.085, inclusive.

11-33 3. Immediately after the warrants have been drawn, the state controller

11-34 shall deliver or mail them to the division. Immediately thereafter the

11-35 division shall mail them to the individual recipients. The facilities of the

11-36 central mailing room must be used.

11-37 Sec. 81. NRS 432.085 is hereby amended to read as follows:

11-38 432.085 1. The parents of a child placed in the custody of [the

11-39 division] an agency which provides child welfare services pursuant to the

11-40 provisions of NRS 62.880 or 432.010 to 432.085, inclusive, or chapter

11-41 432B of NRS are liable to the [division] agency which provides child

11-42 welfare services for the cost of maintenance and special services provided

11-43 to the child.

11-44 2. The division shall[, in accordance with NRS 232.464,] establish by

11-45 regulation reasonable schedules for the repayment of money owed by

11-46 parents pursuant to subsection 1.

11-47 3. [The division] An agency which provides child welfare services

11-48 may waive all or any part of the amount due pursuant to this section if it

12-1 determines that the parents of the child do not have the ability to pay the

12-2 amount.

12-3 4. If a parent refuses to pay [the division] an agency which provides

12-4 child welfare services for money owed under this section, the [division]

12-5 agency which provides child welfare services may bring a civil action to

12-6 recover all money owed with interest thereon at the rate of 7 percent per

12-7 year commencing 30 days after an itemized statement of the amount owed

12-8 is submitted to the parents.

12-9 5. All money collected pursuant to this section must be deposited :

12-10 (a) In a county whose population is less than 100,000, with the state

12-11 treasurer for credit to the state child welfare services account.

12-12 (b) In a county whose population is 100,000 or more, with the county

12-13 treasurer for credit to a fund or account established by the board of

12-14 county commissioners.

12-15 Sec. 82. NRS 432.095 is hereby amended to read as follows:

12-16 432.095 1. There is hereby created the placement prevention

12-17 revolving account in the amount of $25,000 to be used for the payment of

12-18 claims in a county whose population is less than 100,000 of recipients of

12-19 goods or services from the division and vendors providing goods or

12-20 services to those recipients pursuant to procedures established by the

12-21 division.

12-22 2. Upon written request from the administrator, the state controller

12-23 shall draw his warrant from money already authorized for the use of the

12-24 division in the sum of $25,000. When the warrant is paid, the administrator

12-25 shall deposit the money in a financial institution qualified to receive

12-26 deposits of public money. All money deposited in the placement

12-27 prevention revolving account pursuant to this section must be secured with

12-28 a depository bond that is satisfactory to the state board of examiners, unless

12-29 it is otherwise secured by the Federal Deposit Insurance Corporation, the

12-30 National Credit Union Share Insurance Fund or a private insurer approved

12-31 pursuant to NRS 678.755.

12-32 3. After an expenditure of money from the placement prevention

12-33 revolving account, the administrator shall present a claim to the state board

12-34 of examiners to maintain a balance of $25,000. If the claim is approved by

12-35 the state board of examiners, the state controller shall draw his warrant

12-36 from money already authorized for the use of the division in the amount of

12-37 the claim in favor of the placement prevention revolving account, and the

12-38 state treasurer shall pay the warrant.

12-39 4. Money in the placement prevention revolving account created

12-40 pursuant to subsection 1 does not revert to the state general fund at the end

12-41 of the fiscal year, and the balance in the account must be carried forward.

12-42 5. Purchases made by the division pursuant to this section are exempt

12-43 from the State Purchasing Act.

12-44 6. The board of county commissioners of a county whose population

12-45 is 100,000 or more may establish a fund or account to be used for the

12-46 payment of claims of recipients of goods or services from the agency

12-47 which provides child welfare services and vendors providing goods or

12-48 services to those recipients pursuant to procedures established by the

12-49 agency which provides child welfare services.

13-1 Sec. 83. Chapter 432B of NRS is hereby amended by adding thereto a

13-2 new section to read as follows:

13-3 “Child welfare services” includes, without limitation:

13-4 1. Protective services, including, without limitation, investigations of

13-5 abuse or neglect and assessments;

13-6 2. Foster care services, including, without limitation, maintenance

13-7 and special services, as defined in NRS 432.010; and

13-8 3. Services related to adoption.

13-9 Sec. 84. NRS 432B.030 is hereby amended to read as follows:

13-10 432B.030 “Agency which provides [protective] child welfare

13-11 services” means:

13-12 1. [The] In a county whose population is less than 100,000, the local

13-13 office of the division of child and family services; or

13-14 2. [An] In a county whose population is 100,000 or more, the agency

13-15 of [a county authorized by the court to receive and investigate reports of

13-16 abuse or neglect,] the county,

13-17 which provides or arranges for necessary child welfare services.

13-18 Sec. 85. NRS 432B.130 is hereby amended to read as follows:

13-19 432B.130 A person is responsible for a child’s welfare under the

13-20 provisions of this chapter if he is the child’s parent, guardian , [or foster

13-21 parent,] a stepparent with whom the child lives, an adult person continually

13-22 or regularly found in the same household as the child, or a person directly

13-23 responsible or serving as a volunteer for or employed in a public or private

13-24 home, institution or facility where the child actually resides or is receiving

13-25 child care outside of his home for a portion of the day.

13-26 Sec. 86. NRS 432B.160 is hereby amended to read as follows:

13-27 432B.160 1. Except as otherwise provided in subsection 2, immunity

13-28 from civil or criminal liability extends to every person who in good faith:

13-29 (a) Makes a report pursuant to NRS 432B.220;

13-30 (b) Conducts an interview or allows an interview to be taken pursuant to

13-31 NRS 432B.270;

13-32 (c) Allows or takes photographs or X-rays pursuant to NRS 432B.270;

13-33 (d) Causes a medical test to be performed pursuant to NRS 432B.270;

13-34 (e) Provides a record, or a copy thereof, of a medical test performed

13-35 pursuant to NRS 432B.270 to an agency [that provides protective] which

13-36 provides child welfare services to the child, a law enforcement agency that

13-37 participated in the investigation of the report of abuse or neglect of the

13-38 child or the prosecuting attorney’s office;

13-39 (f) Holds a child pursuant to NRS 432B.400, takes possession of a child

13-40 pursuant to section 1 of [this act] Senate Bill No. 191 of the 71st session of

13-41 the Nevada Legislature or places a child in protective custody pursuant to

13-42 any provision of this chapter;

13-43 (g) Performs any act pursuant to subsection 2 of section 1 of [this act;]

13-44 Senate Bill No. 191 of the 71st session of the Nevada Legislature;

13-45 (h) Refers a case or recommends the filing of a petition pursuant to

13-46 NRS 432B.380; or

13-47 (i) Participates in a judicial proceeding resulting from a referral or

13-48 recommendation.

14-1 2. The provisions of subsection 1 do not confer any immunity from

14-2 liability for the negligent performance of any act pursuant to paragraph (b)

14-3 of subsection 2 of section 1 of [this act.] Senate Bill No. 191 of the 71st

14-4 session of the Nevada Legislature.

14-5 3. In any proceeding to impose liability against a person for:

14-6 (a) Making a report pursuant to NRS 432B.220; or

14-7 (b) Performing any act set forth in paragraphs (b) to (i), inclusive of

14-8 subsection 1,

14-9 there is a presumption that the person acted in good faith.

14-10 Sec. 87. NRS 432B.170 is hereby amended to read as follows:

14-11 432B.170 Nothing in the provisions of NRS 432.100 to 432.130,

14-12 inclusive, or this chapter prohibits an agency which provides [protective]

14-13 child welfare services from sharing information with other state or local

14-14 agencies if:

14-15 1. The purpose for sharing the information is for the development of a

14-16 plan for the care, treatment or supervision of a child who has been abused

14-17 or neglected or of a person responsible for the child’s welfare;

14-18 2. The other agency has standards for confidentiality equivalent to

14-19 those of the agency which provides [protective] child welfare services; and

14-20 3. Proper safeguards are taken to ensure the confidentiality of the

14-21 information.

14-22 Sec. 88. NRS 432B.180 is hereby amended to read as follows:

14-23 432B.180 The division of child and family services shall:

14-24 1. Administer any money granted to the state by the Federal

14-25 Government . [under 42 U.S.C. § 5103;

14-26 2. Plan and coordinate all protective]

14-27 2. Plan, coordinate and monitor the delivery of child welfare services

14-28 provided throughout the state . [;]

14-29 3. Provide [directly or arrange for other persons or governmental

14-30 organizations to provide protective services;] child welfare services

14-31 directly or arrange for the provision of those services in a county whose

14-32 population is less than 100,000.

14-33 4. Coordinate its activities with and assist the efforts of any law

14-34 enforcement agency, a court of competent jurisdiction , an agency which

14-35 provides child welfare services and any public or private organization

14-36 which provides social services for the prevention, identification and

14-37 treatment of abuse or neglect of children[;] and for permanent placement

14-38 of children.

14-39 5. Involve communities in the improvement of [protective service;]

14-40 child welfare services.

14-41 6. Evaluate all [protective] child welfare services provided throughout

14-42 the state and withhold money from [or revoke the license of] any agency

14-43 providing [protective] child welfare services which is not complying with

14-44 the regulations adopted by the division of child and family services . [; and]

14-45 7. Evaluate the plans submitted for approval pursuant to NRS

14-46 432B.395.

14-47 8. In consultation with each agency which provides child welfare

14-48 services, request sufficient money for the provision of child welfare

14-49 services throughout this state.

15-1 Sec. 89. NRS 432B.190 is hereby amended to read as follows:

15-2 432B.190 The division of child and family services shall , in

15-3 consultation with each agency which provides child welfare services,

15-4 adopt regulations establishing reasonable and uniform standards for:

15-5 1. [Protective] Child welfare services provided in this state;

15-6 2. Programs for the prevention of abuse or neglect of a child and the

15-7 achievement of the permanent placement of a child;

15-8 3. The development of local councils involving public and private

15-9 organizations;

15-10 4. Reports of abuse or neglect, records of these reports and the

15-11 response to these reports;

15-12 5. The management and assessment of reported cases of abuse or

15-13 neglect;

15-14 6. The protection of the legal rights of parents and children;

15-15 7. Emergency shelter for a child;

15-16 8. The prevention, identification and correction of abuse or neglect of

15-17 a child in residential institutions;

15-18 9. Evaluating the development and contents of a plan submitted for

15-19 approval pursuant to NRS 432B.395;

15-20 10. Developing and distributing to persons who are responsible for a

15-21 child’s welfare a pamphlet that sets forth the procedures for taking a child

15-22 for placement in protective custody and the legal rights of persons who are

15-23 parties to a proceeding held pursuant to NRS 432B.410 to 432B.590,

15-24 inclusive, and sections 3 and 4 of [this act] Assembly Bill No. 429 of the

15-25 71st session of the Nevada Legislature, during all stages of the

15-26 proceeding; and

15-27 11. Making the necessary inquiries required pursuant to NRS

15-28 432B.397 to determine whether a child is an Indian child.

15-29 Sec. 90. NRS 432B.200 is hereby amended to read as follows:

15-30 432B.200 The division of child and family services shall establish and

15-31 maintain a center with a toll-free telephone number to receive reports of

15-32 abuse or neglect of a child in this state 24 hours a day, 7 days a week. Any

15-33 reports made to this center must be promptly transmitted to the agency

15-34 [providing protective] which provides child welfare services in the

15-35 community where the child is located.

15-36 Sec. 91. NRS 432B.210 is hereby amended to read as follows:

15-37 432B.210 An agency which provides [protective] child welfare

15-38 services must receive from the state, any of its political subdivisions or any

15-39 agency of either, any cooperation, assistance and information it requests in

15-40 order to fulfill its responsibilities under NRS 432.100 to 432.130,

15-41 inclusive, and this chapter.

15-42 Sec. 92. NRS 432B.215 is hereby amended to read as follows:

15-43 432B.215 1. An agency which provides [protective services and the

15-44 division of child and family] child welfare services may request the

15-45 division of parole and probation of the department of motor vehicles and

15-46 public safety for information concerning a probationer or parolee that may

15-47 assist the agency [or the division of child and family services] in carrying

16-1 out the provisions of this chapter. The division of parole and probation

16-2 shall provide such information upon request.

16-3 2. The agency which provides [protective services or the division of

16-4 child and family] child welfare services may use the information obtained

16-5 pursuant to subsection 1 only for the limited purpose of carrying out the

16-6 provisions of this chapter.

16-7 Sec. 93. NRS 432B.220 is hereby amended to read as follows:

16-8 432B.220 1. Any person who is described in subsection 3 and who,

16-9 in his professional or occupational capacity, knows or has reasonable cause

16-10 to believe that a child has been abused or neglected shall:

16-11 (a) Except as otherwise provided in subsection 2, report the abuse or

16-12 neglect of the child to an agency which provides [protective] child welfare

16-13 services or to a law enforcement agency; and

16-14 (b) Make such a report as soon as reasonably practicable but not later

16-15 than 24 hours after the person knows or has reasonable cause to believe

16-16 that the child has been abused or neglected.

16-17 2. If a person who is required to make a report pursuant to subsection 1

16-18 knows or has reasonable cause to believe that the abuse or neglect of the

16-19 child involves an act or omission of:

16-20 (a) A person directly responsible or serving as a volunteer for or an

16-21 employee of a public or private home, institution or facility where the child

16-22 is receiving child care outside of his home for a portion of the day, the

16-23 person shall make the report to a law enforcement agency.

16-24 (b) An agency which provides [protective] child welfare services or a

16-25 law enforcement agency, the person shall make the report to an agency

16-26 other than the one alleged to have committed the act or omission, and the

16-27 investigation of the abuse or neglect of the child must be made by an

16-28 agency other than the one alleged to have committed the act or omission.

16-29 3. A report must be made pursuant to subsection 1 by the following

16-30 persons:

16-31 (a) A physician, dentist, dental hygienist, chiropractor, optometrist,

16-32 podiatric physician, medical examiner, resident, intern, professional or

16-33 practical nurse, physician assistant, psychiatrist, psychologist, marriage and

16-34 family therapist, alcohol or drug abuse counselor, advanced emergency

16-35 medical technician or other person providing medical services licensed or

16-36 certified in this state;

16-37 (b) Any personnel of a hospital or similar institution engaged in the

16-38 admission, examination, care or treatment of persons or an administrator,

16-39 manager or other person in charge of a hospital or similar institution upon

16-40 notification of suspected abuse or neglect of a child by a member of the

16-41 staff of the hospital;

16-42 (c) A coroner;

16-43 (d) A clergyman, practitioner of Christian Science or religious healer,

16-44 unless he has acquired the knowledge of the abuse or neglect from the

16-45 offender during a confession;

16-46 (e) A social worker and an administrator, teacher, librarian or counselor

16-47 of a school;

17-1 (f) Any person who maintains or is employed by a facility or

17-2 establishment that provides care for children, children’s camp or other

17-3 public or private facility, institution or agency furnishing care to a child;

17-4 (g) Any person licensed to conduct a foster home;

17-5 (h) Any officer or employee of a law enforcement agency or an adult or

17-6 juvenile probation officer;

17-7 (i) An attorney, unless he has acquired the knowledge of the abuse or

17-8 neglect from a client who is or may be accused of the abuse or neglect;

17-9 (j) Any person who maintains, is employed by or serves as a volunteer

17-10 for an agency or service which advises persons regarding abuse or neglect

17-11 of a child and refers them to persons and agencies where their requests and

17-12 needs can be met; and

17-13 (k) Any person who is employed by or serves as a volunteer for an

17-14 approved youth shelter. As used in this paragraph, “approved youth

17-15 shelter” has the meaning ascribed to it in section 4 of [this act.] Assembly

17-16 Bill No. 264 of the 71st session of the Nevada Legislature.

17-17 4. A report may be made by any other person.

17-18 5. If a person who is required to make a report pursuant to subsection 1

17-19 knows or has reasonable cause to believe that a child has died as a result of

17-20 abuse or neglect, the person shall, as soon as reasonably practicable, report

17-21 this belief to the appropriate medical examiner or coroner, who shall

17-22 investigate the report and submit to an agency which provides [protective]

17-23 child welfare services his written findings. The written findings must

17-24 include, if obtainable, the information required pursuant to the provisions

17-25 of subsection 2 of NRS 432B.230.

17-26 Sec. 94. NRS 432B.230 is hereby amended to read as follows:

17-27 432B.230 1. A person may make a report pursuant to NRS 432B.220

17-28 by telephone or, in light of all the surrounding facts and circumstances

17-29 which are known or which reasonably should be known to the person at the

17-30 time, by any other means of oral, written or electronic communication that

17-31 a reasonable person would believe, under those facts and circumstances, is

17-32 a reliable and swift means of communicating information to the person

17-33 who receives the report. If the report is made orally, the person who

17-34 receives the report must reduce it to writing as soon as reasonably

17-35 practicable.

17-36 2. The report must contain the following information, if obtainable:

17-37 (a) The name, address, age and sex of the child;

17-38 (b) The name and address of the child’s parents or other person

17-39 responsible for his care;

17-40 (c) The nature and extent of the abuse or neglect of the child;

17-41 (d) Any evidence of previously known or suspected abuse or neglect of

17-42 the child or the child’s siblings;

17-43 (e) The name, address and relationship, if known, of the person who is

17-44 alleged to have abused or neglected the child; and

17-45 (f) Any other information known to the person making the report that

17-46 the agency which provides [protective] child welfare services considers

17-47 necessary.

18-1 Sec. 95. NRS 432B.250 is hereby amended to read as follows:

18-2 432B.250 Any person who is required to make a report pursuant to

18-3 NRS 432B.220 may not invoke any of the privileges set forth in chapter 49

18-4 of NRS:

18-5 1. For his failure to make a report pursuant to NRS 432B.220;

18-6 2. In cooperating with an agency which provides [protective] child

18-7 welfare services or a guardian ad litem for a child; or

18-8 3. In any proceeding held pursuant to NRS 432B.410 to 432B.590,

18-9 inclusive.

18-10 Sec. 96. NRS 432B.260 is hereby amended to read as follows:

18-11 432B.260 1. Upon receipt of a report concerning the possible abuse

18-12 or neglect of a child, an agency which provides [protective] child welfare

18-13 services or a law enforcement agency shall promptly notify the appropriate

18-14 licensing authority, if any, and, within 3 working days, initiate an

18-15 investigation. A law enforcement agency shall promptly notify an agency

18-16 which provides [protective] child welfare services of any report it receives.

18-17 2. An agency which provides [protective] child welfare services and a

18-18 law enforcement agency shall cooperate in the investigation, if any, of a

18-19 report of abuse or neglect of a child.

18-20 3. If an agency which provides [protective] child welfare services or a

18-21 law enforcement agency determines pursuant to an investigation initiated

18-22 pursuant to this section that the:

18-23 (a) Alleged abuse or neglect was the result of the reasonable exercise of

18-24 discipline by a parent or guardian of the child involving the use of corporal

18-25 punishment, including, without limitation, spanking or paddling; and

18-26 (b) Corporal punishment so administered was not so excessive as to

18-27 constitute abuse or neglect as described in NRS 432B.150,

18-28 the agency which provides [protective] child welfare services or the law

18-29 enforcement agency shall take no further action in regard to the matter and

18-30 shall expunge all references to the matter from its records.

18-31 Sec. 97. NRS 432B.270 is hereby amended to read as follows:

18-32 432B.270 1. A designee of an agency investigating a report of abuse

18-33 or neglect of a child may, without the consent of and outside the presence

18-34 of any person responsible for the child’s welfare, interview a child

18-35 concerning any possible abuse or neglect. The child may be interviewed at

18-36 any place where he is found. The designee shall, immediately after the

18-37 conclusion of the interview, if reasonably possible, notify a person

18-38 responsible for the child’s welfare that the child was interviewed, unless

18-39 the designee determines that such notification would endanger the child.

18-40 2. A designee of an agency investigating a report of abuse or neglect of

18-41 a child may, without the consent of the person responsible for a child’s

18-42 welfare:

18-43 (a) Take or cause to be taken photographs of the child’s body, including

18-44 the areas of trauma; and

18-45 (b) If indicated after consultation with a physician, cause X-rays or

18-46 medical tests to be performed on a child.

18-47 3. Upon the taking of any photographs or X-rays or the performance of

18-48 any medical tests pursuant to subsection 2, the person responsible for the

18-49 child’s welfare must be notified immediately, if reasonably possible, unless

19-1 the designee determines that the notification would endanger the child. The

19-2 reasonable cost of these photographs, X-rays or medical tests must be paid

19-3 by the agency providing protective services if money is not otherwise

19-4 available.

19-5 4. Any photographs or X-rays taken or records of any medical tests

19-6 performed pursuant to subsection 2, or any medical records relating to the

19-7 examination or treatment of a child pursuant to this section, or copies

19-8 thereof, must be sent to the agency [providing protective] which provides

19-9 child welfare services, the law enforcement agency participating in the

19-10 investigation of the report and the prosecuting attorney’s office. Each

19-11 photograph, X-ray, result of a medical test or other medical record:

19-12 (a) Must be accompanied by a statement or certificate signed by the

19-13 custodian of medical records of the health care facility where the

19-14 photograph or X-ray was taken or the treatment, examination or medical

19-15 test was performed, indicating:

19-16 (1) The name of the child;

19-17 (2) The name and address of the person who took the photograph or

19-18 X-ray, performed the medical test, or examined or treated the child; and

19-19 (3) The date on which the photograph or X-ray was taken or the

19-20 treatment, examination or medical test was performed;

19-21 (b) Is admissible in any proceeding relating to the abuse or neglect of

19-22 the child; and

19-23 (c) May be given to the child’s parent or guardian if he pays the cost of

19-24 duplicating them.

19-25 5. As used in this section, “medical test” means any test performed by

19-26 or caused to be performed by a provider of health care, including, without

19-27 limitation, a computerized axial tomography scan and magnetic resonance

19-28 imaging.

19-29 Sec. 98. NRS 432B.290 is hereby amended to read as follows:

19-30 432B.290 1. Except as otherwise provided in subsections 2 and 3 and

19-31 section 2 of [this act,] Assembly Bill No. 429 of the 71st session of the

19-32 Nevada Legislature, data or information concerning reports and

19-33 investigations thereof made pursuant to this chapter may be made available

19-34 only to:

19-35 (a) A physician, if the physician has before him a child who he has

19-36 reasonable cause to believe has been abused or neglected;

19-37 (b) A person authorized to place a child in protective custody, if the

19-38 person has before him a child who he has reasonable cause to believe has

19-39 been abused or neglected and the person requires the information to

19-40 determine whether to place the child in protective custody;

19-41 (c) An agency, including, without limitation, an agency in another

19-42 jurisdiction, responsible for or authorized to undertake the care, treatment

19-43 or supervision of:

19-44 (1) The child; or

19-45 (2) The person responsible for the welfare of the child;

19-46 (d) A district attorney or other law enforcement officer who requires the

19-47 information in connection with an investigation or prosecution of the abuse

19-48 or neglect of a child;

20-1 (e) A court, for in camera inspection only, unless the court determines

20-2 that public disclosure of the information is necessary for the determination

20-3 of an issue before it;

20-4 (f) A person engaged in bona fide research or an audit, but information

20-5 identifying the subjects of a report must not be made available to him;

20-6 (g) The attorney and the guardian ad litem of the child;

20-7 (h) A grand jury upon its determination that access to these records is

20-8 necessary in the conduct of its official business;

20-9 (i) A federal, state or local governmental entity, or an agency of such an

20-10 entity, that needs access to the information to carry out its legal

20-11 responsibilities to protect children from abuse and neglect;

20-12 (j) A team organized pursuant to NRS 432B.350 for the protection of a

20-13 child;

20-14 (k) A team organized pursuant to NRS 432B.405 to review the death of

20-15 a child;

20-16 (l) A parent or legal guardian of the child and an attorney of a parent or

20-17 guardian of the child, if the identity of the person responsible for reporting

20-18 the alleged abuse or neglect of the child to a public agency is kept

20-19 confidential;

20-20 (m) The persons who are the subject of a report;

20-21 (n) An agency that is authorized by law to license foster homes or

20-22 facilities for children or to investigate persons applying for approval to

20-23 adopt a child, if the agency has before it an application for that license or is

20-24 investigating an applicant to adopt a child;

20-25 (o) Upon written consent of the parent, any officer of this state or a city

20-26 or county thereof or legislator authorized, by the agency or department

20-27 having jurisdiction or by the legislature, acting within its jurisdiction, to

20-28 investigate the activities or programs of an agency [that provides

20-29 protective] which provides child welfare services if:

20-30 (1) The identity of the person making the report is kept confidential;

20-31 and

20-32 (2) The officer, legislator or a member of his family is not the person

20-33 alleged to have committed the abuse or neglect;

20-34 (p) The division of parole and probation of the department of motor

20-35 vehicles and public safety for use pursuant to NRS 176.135 in making a

20-36 presentence investigation and report to the district court or pursuant to

20-37 NRS 176.151 in making a general investigation and report;

20-38 (q) The rural advisory board to expedite proceedings for the placement

20-39 of children created pursuant to NRS 432B.602 or a local advisory board to

20-40 expedite proceedings for the placement of children created pursuant to

20-41 NRS 432B.604; or

20-42 (r) The panel established pursuant to NRS 432B.396 to evaluate

20-43 agencies which provide [protective] child welfare services.

20-44 2. An agency investigating a report of the abuse or neglect of a child

20-45 shall, upon request, provide to a person named in the report as allegedly

20-46 causing the abuse or neglect of the child:

20-47 (a) A copy of:

21-1 (1) Any statement made in writing to an investigator for the agency

21-2 by the person named in the report as allegedly causing the abuse or neglect

21-3 of the child; or

21-4 (2) Any recording made by the agency of any statement made orally

21-5 to an investigator for the agency by the person named in the report as

21-6 allegedly causing the abuse or neglect of the child; or

21-7 (b) A written summary of the allegations made against the person who

21-8 is named in the report as allegedly causing the abuse or neglect of the

21-9 child. The summary must not identify the person responsible for reporting

21-10 the alleged abuse or neglect.

21-11 3. An agency which provides [protective] child welfare services shall

21-12 disclose the identity of a person who makes a report or otherwise initiates

21-13 an investigation pursuant to this chapter if a court, after reviewing the

21-14 record in camera and determining that there is reason to believe that the

21-15 person knowingly made a false report, orders the disclosure.

21-16 4. Any person, except for:

21-17 (a) The subject of a report;

21-18 (b) A district attorney or other law enforcement officer initiating legal

21-19 proceedings; or

21-20 (c) An employee of the division of parole and probation of the

21-21 department of motor vehicles and public safety making a presentence

21-22 investigation and report to the district court pursuant to NRS 176.135 or

21-23 making a general investigation and report pursuant to NRS 176.151,

21-24 who is given access, pursuant to subsection 1, to information identifying

21-25 the subjects of a report and who makes this information public is guilty of a

21-26 misdemeanor.

21-27 5. The division of child and family services shall adopt regulations to

21-28 carry out the provisions of this section.

21-29 Sec. 99. NRS 432B.300 is hereby amended to read as follows:

21-30 432B.300 Each agency which provides [protective] child welfare

21-31 services shall investigate each report of abuse or neglect received or

21-32 referred to it to determine:

21-33 1. The composition of the family, household or facility, including the

21-34 name, address, age, sex and race of each child named in the report, any

21-35 siblings or other children in the same place or under the care of the same

21-36 person, the persons responsible for the children’s welfare and any other

21-37 adult living or working in the same household or facility;

21-38 2. Whether there is reasonable cause to believe any child is abused or

21-39 neglected or threatened with abuse or neglect, the nature and extent of

21-40 existing or previous injuries, abuse or neglect and any evidence thereof,

21-41 and the person apparently responsible;

21-42 3. If there is reasonable cause to believe that a child is abused or

21-43 neglected, the immediate and long-term risk to the child if he remains in

21-44 the same environment; and

21-45 4. The treatment and services which appear necessary to help prevent

21-46 further abuse or neglect and to improve his environment and the ability of

21-47 the person responsible for the child’s welfare to care adequately for him.

22-1 Sec. 100. NRS 432B.320 is hereby amended to read as follows:

22-2 432B.320 1. An agency which provides [protective] child welfare

22-3 services may waive a full investigation of a report of abuse or neglect of a

22-4 child made by another agency or a person if, after assessing the

22-5 circumstances, it is satisfied that:

22-6 (a) The person or other agency who made the report can provide

22-7 services to meet the needs of the child and the family, and this person or

22-8 agency agrees to do so; and

22-9 (b) The person or other agency agrees in writing to report periodically

22-10 on the child and to report immediately any threat or harm to the child’s

22-11 welfare.

22-12 2. The agency which provides [protective] child welfare services shall

22-13 supervise for a reasonable period the services provided by the person or

22-14 other agency pursuant to subsection 1.

22-15 Sec. 101. NRS 432B.340 is hereby amended to read as follows:

22-16 432B.340 1. If the agency which provides [protective] child welfare

22-17 services determines that a child needs protection, but is not in imminent

22-18 danger from abuse or neglect, it may:

22-19 (a) Offer to the parents or guardian a plan for services and inform him

22-20 that the agency has no legal authority to compel him to accept the plan but

22-21 that it has the authority to petition the court pursuant to NRS 432B.490 or

22-22 to refer the case to the district attorney or a law enforcement agency; or

22-23 (b) File a petition pursuant to NRS 432B.490 and, if a child is

22-24 adjudicated in need of protection, request that the child be removed from

22-25 the custody of his parents or guardian or that he remain at home with or

22-26 without the supervision of the court or of any person or agency designated

22-27 by the court.

22-28 2. If the parent or guardian accepts the conditions of the plan offered

22-29 by the agency pursuant to paragraph (a) of subsection 1, the agency may

22-30 elect not to file a petition and may arrange for appropriate services,

22-31 including medical care, care of the child during the day, management of the

22-32 home or supervision of the child, his parents or guardian.

22-33 Sec. 102. NRS 432B.350 is hereby amended to read as follows:

22-34 432B.350 An agency which provides [protective service] child welfare

22-35 services may organize one or more teams for protection of a child to assist

22-36 the agency in the evaluation and investigation of reports of abuse or neglect

22-37 of a child, diagnosis and treatment of abuse or neglect and the coordination

22-38 of responsibilities. Members of the team serve at the invitation of the

22-39 agency and must include representatives of other organizations concerned

22-40 with education, law enforcement or physical or mental health.

22-41 Sec. 103. NRS 432B.360 is hereby amended to read as follows:

22-42 432B.360 1. A parent or guardian of a child who is in need of

22-43 protection may place the child with a public agency authorized to care for

22-44 children or a private institution or agency licensed by the department of

22-45 human resources or a county whose population is 100,000 or more to care

22-46 for such children if:

22-47 (a) Efforts to keep the child in his own home have failed; and

23-1 (b) The parents or guardian and the agency or institution voluntarily

23-2 sign a written agreement for placement of the child which sets forth the

23-3 rights and responsibilities of each of the parties to the agreement.

23-4 2. If a child is placed with an agency or institution pursuant to

23-5 subsection 1, the parent or guardian shall:

23-6 (a) If able, contribute to the support of the child during his temporary

23-7 placement;

23-8 (b) Inform the agency or institution of any change in his address or

23-9 circumstances; and

23-10 (c) Meet with a representative of the agency or institution and

23-11 participate in developing and carrying out a plan for the possible return of

23-12 the child to his custody, the placement of the child with a relative or the

23-13 eventual adoption of the child.

23-14 3. A parent or guardian who voluntarily agrees to place a child with an

23-15 agency or institution pursuant to subsection 1 is entitled to have the child

23-16 returned to his physical custody within 48 hours of a written request to that

23-17 agency or institution. If that agency or institution determines that it would

23-18 be detrimental to the best interests of the child to return him to the custody

23-19 of his parent or guardian, it shall cause a petition to be filed pursuant to

23-20 NRS 432B.490.

23-21 4. If the child has remained in temporary placement for 6 consecutive

23-22 months, the agency or institution shall:

23-23 (a) Immediately return the child to the physical custody of his parent or

23-24 guardian; or

23-25 (b) Cause a petition to be filed pursuant to NRS 432B.490.

23-26 5. The division of child and family services shall adopt regulations to

23-27 carry out the provisions of this section.

23-28 Sec. 104. NRS 432B.370 is hereby amended to read as follows:

23-29 432B.370 If an agency which provides [protective] child welfare

23-30 services determines that there is no reasonable cause to believe that a child

23-31 is in need of protection, it shall proceed no further in that matter.

23-32 Sec. 105. NRS 432B.380 is hereby amended to read as follows:

23-33 432B.380 If the agency which provides [protective] child welfare

23-34 services determines that further action is necessary to protect a child who is

23-35 in need of protection, as well as any other child under the same care who

23-36 may be in need of protection, it may refer the case to the district attorney

23-37 for criminal prosecution and may recommend the filing of a petition

23-38 pursuant to NRS 432B.490.

23-39 Sec. 106. NRS 432B.390 is hereby amended to read as follows:

23-40 432B.390 1. An agent or officer of a law enforcement agency, an

23-41 officer of the local juvenile probation department or the local department

23-42 of juvenile services, or a designee of an agency which provides [protective]

23-43 child welfare services:

23-44 (a) May place a child in protective custody without the consent of the

23-45 person responsible for the child’s welfare if he has reasonable cause to

23-46 believe that immediate action is necessary to protect the child from injury,

23-47 abuse or neglect.

23-48 (b) Shall place a child in protective custody upon the death of a parent

23-49 of the child, without the consent of the person responsible for the welfare

24-1 of the child, if the agent, officer or designee has reasonable cause to

24-2 believe that the death of the parent of the child is or may be the result of an

24-3 act by the other parent that constitutes domestic violence pursuant to NRS

24-4 33.018.

24-5 2. When an agency which provides [protective] child welfare services

24-6 receives a report pursuant to subsection 2 of section 1 of [this act,] Senate

24-7 Bill No. 191 of the 71st session of the Nevada Legislature, a designee of

24-8 the agency which provides [protective] child welfare services shall

24-9 immediately place the child in protective custody.

24-10 3. If there is reasonable cause to believe that the death of a parent of a

24-11 child is or may be the result of an act by the other parent that constitutes

24-12 domestic violence pursuant to NRS 33.018, a protective custody hearing

24-13 must be held pursuant to NRS 432B.470, whether the child was placed in

24-14 protective custody or with a relative. If an agency other than an agency

24-15 which provides [protective] child welfare services becomes aware that

24-16 there is reasonable cause to believe that the death of a parent of a child is or

24-17 may be the result of an act by the other parent that constitutes domestic

24-18 violence pursuant to NRS 33.018, that agency shall immediately notify the

24-19 agency which provides [protective] child welfare services and a protective

24-20 custody hearing must be scheduled.

24-21 4. An agency which provides [protective] child welfare services shall

24-22 request the assistance of a law enforcement agency in the removal of a

24-23 child if the agency has reasonable cause to believe that the child or the

24-24 person placing the child in protective custody may be threatened with

24-25 harm.

24-26 5. Before taking a child for placement in protective custody, the person

24-27 taking the child shall show his identification to any person who is

24-28 responsible for the child and is present at the time the child is taken. If a

24-29 person who is responsible for the child is not present at the time the child is

24-30 taken, the person taking the child shall show his identification to any other

24-31 person upon request. The identification required by this subsection must be

24-32 a single card that contains a photograph of the person taking the child and

24-33 identifies him as a person authorized pursuant to this section to place a

24-34 child in protective custody.

24-35 6. A child placed in protective custody pending an investigation and a

24-36 hearing held pursuant to NRS 432B.470 must be placed in a hospital, if the

24-37 child needs hospitalization, or in a shelter, which may include a foster

24-38 home or other home or facility which provides care for those children, but

24-39 the child must not be placed in a jail or other place for detention,

24-40 incarceration or residential care of persons convicted of a crime or children

24-41 charged with delinquent acts.

24-42 7. A person placing a child in protective custody pursuant to

24-43 subsection 1 shall:

24-44 (a) Immediately take steps to protect all other children remaining in the

24-45 home or facility, if necessary;

24-46 (b) Immediately make a reasonable effort to inform the person

24-47 responsible for the child’s welfare that the child has been placed in

24-48 protective custody;

25-1 (c) Give preference in placement of the child to any person related

25-2 within the third degree of consanguinity to the child who is suitable and

25-3 able to provide proper care and guidance for the child, regardless of

25-4 whether the relative resides within this state; and

25-5 (d) As soon as practicable, inform the agency which provides

25-6 [protective] child welfare services and the appropriate law enforcement

25-7 agency.

25-8 8. If a child is placed with any person who resides outside of this state,

25-9 the placement must be in accordance with NRS 127.330.

25-10 Sec. 107. NRS 432B.393 is hereby amended to read as follows:

25-11 432B.393 1. Except as otherwise provided in this section, an agency

25-12 which provides [protective] child welfare services shall make reasonable

25-13 efforts to preserve and reunify the family of a child to prevent or eliminate

25-14 the need for his removal from his home and to make it possible for his safe

25-15 return to his home.

25-16 2. In determining the reasonable efforts required by subsection 1, the

25-17 health and safety of the child must be the paramount concern. The agency

25-18 which provides [protective] child welfare services may make reasonable

25-19 efforts to place the child for adoption or with a legal guardian concurrently

25-20 with making the reasonable efforts required pursuant to subsection 1. If the

25-21 court determines that continuation of the reasonable efforts required by

25-22 subsection 1 is inconsistent with the plan for the permanent placement of

25-23 the child, the agency which provides [protective] child welfare services

25-24 shall make reasonable efforts to place the child in a timely manner in

25-25 accordance with that plan and to complete whatever actions are necessary

25-26 to finalize the permanent placement of the child.

25-27 3. An agency which provides [protective] child welfare services is not

25-28 required to make the reasonable efforts required by subsection 1 if the

25-29 court finds that:

25-30 (a) A parent or other primary caretaker of the child has:

25-31 (1) Committed, aided or abetted in the commission of, or attempted,

25-32 conspired or solicited to commit murder or voluntary manslaughter;

25-33 (2) Caused the abuse or neglect of the child, or of another child of the

25-34 parent or primary caretaker, which resulted in substantial bodily harm to

25-35 the abused or neglected child;

25-36 (3) Caused the abuse or neglect of the child, a sibling of the child or

25-37 another child in the household, and the abuse or neglect was so extreme or

25-38 repetitious as to indicate that any plan to return the child to his home would

25-39 result in an unacceptable risk to the health or welfare of the child; or

25-40 (4) Abandoned the child for 60 or more days, and the identity of the

25-41 parent of the child is unknown and cannot be ascertained through

25-42 reasonable efforts;

25-43 (b) A parent of the child has, for the previous 6 months, had the ability

25-44 to contact or communicate with the child and made no more than token

25-45 efforts to do so;

25-46 (c) The parental rights of a parent to a sibling of the child have been

25-47 terminated by a court order upon any basis other than the execution of a

25-48 voluntary relinquishment of those rights by a natural parent, and the court

25-49 order is not currently being appealed;

26-1 (d) The child or a sibling of the child was previously removed from his

26-2 home, adjudicated to have been abused or neglected, returned to his home

26-3 and subsequently removed from his home as a result of additional abuse or

26-4 neglect;

26-5 (e) The child is less than 1 year of age, the father of the child is not

26-6 married to the mother of the child and the father of the child:

26-7 (1) Has failed within 60 days after learning of the birth of the child,

26-8 to visit the child, to commence proceedings to establish his paternity of the

26-9 child or to provide financial support for the child; or

26-10 (2) Is entitled to seek custody of the child but fails to do so within 60

26-11 days after learning that the child was placed in foster care; or

26-12 (f) The child was delivered to a provider of emergency services

26-13 pursuant to section 1 of [this act.] Senate Bill No. 191 of the 71st session

26-14 of the Nevada Legislature.

26-15 Sec. 108. NRS 432B.395 is hereby amended to read as follows:

26-16 432B.395 An agency which provides [protective] child welfare

26-17 services shall submit annually to the division of child and family services

26-18 for its approval a plan to ensure that the reasonable efforts required by

26-19 subsection 1 of NRS 432B.393 are made by that agency.

26-20 Sec. 109. NRS 432B.396 is hereby amended to read as follows:

26-21 432B.396 The division of child and family services shall:

26-22 1. Establish a panel comprised of volunteer members to evaluate the

26-23 extent to which agencies which provide [protective] child welfare services

26-24 are effectively discharging their responsibilities for the protection of

26-25 children.

26-26 2. Adopt regulations to carry out the provisions of subsection 1 which

26-27 must include, without limitation, the imposition of appropriate restrictions

26-28 on the disclosure of information obtained by the panel and civil sanctions

26-29 for the violation of those restrictions.

26-30 Sec. 110. NRS 432B.397 is hereby amended to read as follows:

26-31 432B.397 1. The agency [providing protective] which provides child

26-32 welfare services for a child that is taken into custody pursuant to this

26-33 chapter shall make all necessary inquiries to determine whether the child is

26-34 an Indian child. The agency shall report that determination to the court.

26-35 2. An agency [that provides protective] which provides child welfare

26-36 services pursuant to this chapter shall provide training for its personnel

26-37 regarding the requirements of the Indian Child Welfare Act.

26-38 Sec. 111. NRS 432B.400 is hereby amended to read as follows:

26-39 432B.400 A physician treating a child or a person in charge of a

26-40 hospital or similar institution may hold a child for no more than 24 hours if

26-41 there is reasonable cause to believe that the child has been abused or

26-42 neglected and that he is in danger of further harm if released. The physician

26-43 or other person shall immediately notify a law enforcement agency or an

26-44 agency which provides [protective] child welfare services that he is

26-45 holding the child.

26-46 Sec. 112. NRS 432B.405 is hereby amended to read as follows:

26-47 432B.405 1. An agency which provides [protective] child welfare

26-48 services:

27-1 (a) May organize one or more multidisciplinary teams to review the

27-2 death of a child; and

27-3 (b) Shall organize one or more multidisciplinary teams to review the

27-4 death of a child upon receiving a written request from an adult related to

27-5 the child within the third degree of consanguinity, if the request is received

27-6 by the agency within 1 year after the date of death of the child.

27-7 2. Members of a team organized pursuant to subsection 1 serve at the

27-8 invitation of the agency and must include representatives of other

27-9 organizations concerned with education, law enforcement or physical or

27-10 mental health.

27-11 3. Each organization represented on such a team may share with other

27-12 members of the team information in its possession concerning the child

27-13 who is the subject of the review, siblings of the child, any person who was

27-14 responsible for the welfare of the child and any other information deemed

27-15 by the organization to be pertinent to the review.

27-16 4. Before establishing any child death review team, an agency shall

27-17 adopt a written protocol describing its objectives and the structure of such a

27-18 team.

27-19 Sec. 113. NRS 432B.440 is hereby amended to read as follows:

27-20 432B.440 The agency which provides [protective] child welfare

27-21 services shall assist the court during all stages of any proceeding in

27-22 accordance with NRS 432B.410 to 432B.590, inclusive.

27-23 Sec. 114. NRS 432B.490 is hereby amended to read as follows:

27-24 432B.490 1. An agency which provides [protective] child welfare

27-25 services:

27-26 (a) In cases where the death of a parent of the child is or may be the

27-27 result of an act by the other parent that constitutes domestic violence

27-28 pursuant to NRS 33.018, shall within 10 days after the hearing on

27-29 protective custody initiate a proceeding in court by filing a petition which

27-30 meets the requirements set forth in NRS 432B.510;

27-31 (b) In other cases where a hearing on protective custody is held, shall

27-32 within 10 days after the hearing on protective custody, unless good cause

27-33 exists, initiate a proceeding in court by filing a petition which meets the

27-34 requirements set forth in NRS 432B.510 or recommend against any further

27-35 action in court; or

27-36 (c) If a child is not placed in protective custody, may, after an

27-37 investigation is made under NRS 432B.010 to 432B.400, inclusive, file a

27-38 petition which meets the requirements set forth in NRS 432B.510.

27-39 2. If the agency recommends against further action, the court may, on

27-40 its own motion, initiate proceedings when it finds that it is in the best

27-41 interests of the child.

27-42 3. If a child has been placed in protective custody and if further action

27-43 in court is taken, an agency which provides [protective] child welfare

27-44 services shall make recommendations to the court concerning whether the

27-45 child should be returned to the person responsible for his welfare pending

27-46 further action in court.

28-1 Sec. 115. NRS 432B.500 is hereby amended to read as follows:

28-2 432B.500 1. After a petition is filed that a child is in need of

28-3 protection pursuant to NRS 432B.490, the court shall appoint a guardian ad

28-4 litem for the child. The person so appointed:

28-5 (a) Must meet the requirements of NRS 432B.505 or, if such a person is

28-6 not available, a representative of an agency which provides [protective]

28-7 child welfare services, a juvenile probation officer, an officer of the court

28-8 or another volunteer.

28-9 (b) Must not be a parent or other person responsible for the child’s

28-10 welfare.

28-11 2. No compensation may be allowed a person serving as a guardian ad

28-12 litem pursuant to this section.

28-13 3. A guardian ad litem appointed pursuant to this section shall:

28-14 (a) Represent and protect the best interests of the child until excused by

28-15 the court;

28-16 (b) Thoroughly research and ascertain the relevant facts of each case for

28-17 which he is appointed, and ensure that the court receives an independent,

28-18 objective account of those facts;

28-19 (c) Meet with the child wherever the child is placed as often as is

28-20 necessary to determine that the child is safe and to ascertain the best

28-21 interests of the child;

28-22 (d) Explain to the child the role of the guardian ad litem and, when

28-23 appropriate, the nature and purpose of each proceeding in his case;

28-24 (e) Participate in the development and negotiation of any plans for and

28-25 orders regarding the child, and monitor the implementation of those plans

28-26 and orders to determine whether services are being provided in an

28-27 appropriate and timely manner;

28-28 (f) Appear at all proceedings regarding the child;

28-29 (g) Inform the court of the desires of the child, but exercise his

28-30 independent judgment regarding the best interests of the child;

28-31 (h) Present recommendations to the court and provide reasons in

28-32 support of those recommendations;

28-33 (i) Request the court to enter orders that are clear, specific and, when

28-34 appropriate, include periods for compliance;

28-35 (j) Review the progress of each case for which he is appointed, and

28-36 advocate for the expedient completion of the case; and

28-37 (k) Perform such other duties as the court orders.

28-38 Sec. 116. NRS 432B.510 is hereby amended to read as follows:

28-39 432B.510 1. A petition alleging that a child is in need of protection

28-40 may be signed only by:

28-41 (a) A representative of an agency which provides [protective] child

28-42 welfare services;

28-43 (b) A law enforcement officer or probation officer; or

28-44 (c) The district attorney.

28-45 2. The district attorney shall countersign every petition alleging need

28-46 of protection, and shall represent the petitioner in all proceedings. If the

28-47 district attorney fails or refuses to countersign the petition, the petitioner

28-48 may seek a review by the attorney general. If the attorney general

29-1 determines that a petition should be filed, he shall countersign the petition

29-2 and shall represent the petitioner in all subsequent proceedings.

29-3 3. Every petition must be entitled, “In the Matter of ................, a

29-4 child,” and must be verified by the person who signs it.

29-5 4. Every petition must set forth specifically:

29-6 (a) The facts which bring the child within the jurisdiction of the court as

29-7 indicated in NRS 432B.410.

29-8 (b) The name, date of birth and address of the residence of the child.

29-9 (c) The names and addresses of the residences of his parents and any

29-10 other person responsible for the child’s welfare, and spouse if any. If his

29-11 parents or other person responsible for his welfare do not reside in this

29-12 state or cannot be found within the state, or if their addresses are unknown,

29-13 the petition must state the name of any known adult relative residing within

29-14 the state, or if there is none, the known adult relative residing nearest to the

29-15 court.

29-16 (d) Whether the child is in protective custody, and if so, the agency

29-17 responsible for placing the child in protective custody and the reasons

29-18 therefor.

29-19 5. When any of the facts required by subsection 4 are not known, the

29-20 petition must so state.

29-21 Sec. 117. NRS 432B.520 is hereby amended to read as follows:

29-22 432B.520 1. After a petition has been filed, the court shall direct the

29-23 clerk to issue a summons requiring the person who has custody or control

29-24 of the child to appear personally and bring the child before the court at a

29-25 time and place stated in the summons. If the person so summoned is other

29-26 than a parent or guardian of the child, then the parent or guardian, or both,

29-27 must also be notified by a similar summons of the pendency of the hearing

29-28 and of the time and place appointed.

29-29 2. Summons may be issued requiring the appearance of any other

29-30 person whose presence, in the opinion of the court, is necessary.

29-31 3. Each summons must include notice of the right of parties to counsel

29-32 at the adjudicatory hearing. A copy of the petition must be attached to each

29-33 summons.

29-34 4. If the:

29-35 (a) Person summoned resides in this state, the summons must be served

29-36 personally;

29-37 (b) Person summoned cannot be found within this state or does not

29-38 reside in this state, the summons must be mailed by registered or certified

29-39 mail to his last known address; or

29-40 (c) Child was delivered to a provider of emergency services pursuant to

29-41 section 1 of [this act] Senate Bill No. 191 of the 71st session of the

29-42 Nevada Legislature and the location of the parent is unknown, the

29-43 summons must be served on the parent by publication at least once a week

29-44 for 3 consecutive weeks in a newspaper published in the county and if no

29-45 such newspaper is published, then a newspaper published in this state that

29-46 has a general circulation in the county. The failure of the parent to appear

29-47 in the action after the service of summons on the parent pursuant to this

29-48 paragraph shall be deemed to constitute a waiver by the parent of any

30-1 further notice of the proceedings that would otherwise be required pursuant

30-2 to this chapter.

30-3 5. If it appears that the child is in such condition or surroundings that

30-4 his welfare requires that his custody be immediately assumed by the court,

30-5 the court may order, by endorsement upon the summons, that the person

30-6 serving it shall at once deliver the child to an agency which provides

30-7 [protective] child welfare services in whose custody the child must remain

30-8 until the further order of the court.

30-9 6. If the summons cannot be served or the person who has custody or

30-10 control of the child fails to obey it, or:

30-11 (a) In the judge’s opinion, the service will be ineffectual or the welfare

30-12 of the child requires that he be brought forthwith into the custody of the

30-13 court; or

30-14 (b) A person responsible for the child’s welfare has absconded with him

30-15 or concealed him from a representative of an agency which provides

30-16 [protective] child welfare services,

30-17 the court may issue a writ for the attachment of the child’s person,

30-18 commanding a law enforcement officer or a representative of an agency

30-19 which provides [protective] child welfare services to place the child in

30-20 protective custody.

30-21 Sec. 118. NRS 432B.540 is hereby amended to read as follows:

30-22 432B.540 1. If the court finds that the allegations of the petition are

30-23 true, it shall order that a report be made in writing by an agency which

30-24 provides [protective] child welfare services, concerning:

30-25 (a) Except as otherwise provided in paragraph (b), the conditions in the

30-26 child’s place of residence, the child’s record in school, the mental, physical

30-27 and social background of his family, its financial situation and other

30-28 matters relevant to the case; or

30-29 (b) If the child was delivered to a provider of emergency services

30-30 pursuant to section 1 of [this act,] Senate Bill No. 191 of the 71st session

30-31 of the Nevada Legislature, any matters relevant to the case.

30-32 2. If the agency believes that it is necessary to remove the child from

30-33 the physical custody of his parents, it must submit with the report a plan

30-34 designed to achieve a placement of the child in a safe setting as near to the

30-35 residence of his parent as is consistent with the best interests and special

30-36 needs of the child. The plan must include:

30-37 (a) A description of the type, safety and appropriateness of the home or

30-38 institution in which the child could be placed, a plan for ensuring that he

30-39 would receive safe and proper care and a description of his needs;

30-40 (b) A description of the services to be provided to the child and to a

30-41 parent to facilitate the return of the child to the custody of his parent or to

30-42 ensure his permanent placement;

30-43 (c) The appropriateness of the services to be provided under the plan;

30-44 and

30-45 (d) A description of how the order of the court will be carried out.

30-46 3. If the child is not residing in his home, the agency shall include as a

30-47 part of the plan for the permanent placement of the child, established

30-48 pursuant to NRS 432B.590, a recommendation to terminate parental rights

30-49 unless it determines that initiating a petition for the termination of parental

31-1 rights is not in the best interests of the child. If the agency conclusively

31-2 determines that initiating a petition for the termination of parental rights is

31-3 not in the best interests of the child, it shall include a full explanation of the

31-4 basis for the determination as part of the plan.

31-5 Sec. 119. NRS 432B.550 is hereby amended to read as follows:

31-6 432B.550 1. If the court finds that a child is in need of protection, it

31-7 shall determine whether the agency which provides [protective] child

31-8 welfare services has made the reasonable efforts required by subsection 1

31-9 of NRS 432B.393. The court may, by its order, after receipt and review of

31-10 the report from the agency which provides [protective] child welfare

31-11 services:

31-12 (a) Permit the child to remain in the temporary or permanent custody of

31-13 his parents or a guardian with or without supervision by the court or a

31-14 person or agency designated by the court, and with or without retaining

31-15 jurisdiction of the case, upon such conditions as the court may prescribe;

31-16 (b) Place him in the temporary or permanent custody of a relative or

31-17 other person who the court finds suitable to receive and care for him with

31-18 or without supervision, and with or without retaining jurisdiction of the

31-19 case, upon such conditions as the court may prescribe;

31-20 (c) Place him in the temporary custody of a public agency or institution

31-21 authorized to care for children, the local juvenile probation department, the

31-22 local department of juvenile services or a private agency or institution

31-23 licensed by the department of human resources or a county whose

31-24 population is 100,000 or more to care for such a child; or

31-25 (d) Commit him to the custody of the superintendent of the northern

31-26 Nevada children’s home or the superintendent of the southern Nevada

31-27 children’s home, in accordance with chapter 423 of NRS.

31-28 In carrying out this subsection, the court may, in its sole discretion,

31-29 consider an application pursuant to chapter 159 of NRS for the

31-30 guardianship of the child. If the court grants such an application, it may

31-31 retain jurisdiction of the case or transfer the case to another court of

31-32 competent jurisdiction.

31-33 2. If, pursuant to subsection 1, a child is placed other than with a

31-34 parent:

31-35 (a) The parent retains the right to consent to adoption, to determine the

31-36 child’s religious affiliation and to reasonable visitation, unless restricted by

31-37 the court. If the custodian of the child interferes with these rights, the

31-38 parent may petition the court for enforcement of his rights.

31-39 (b) The court shall set forth good cause why the child was placed other

31-40 than with a parent.

31-41 3. If, pursuant to subsection 1, the child is to be placed with a relative,

31-42 the court may consider, among other factors, whether the child has resided

31-43 with a particular relative for 3 years or more before the incident which

31-44 brought the child to the court’s attention.

31-45 4. Except as otherwise provided in this subsection, a copy of the report

31-46 prepared for the court by the agency which provides [protective] child

31-47 welfare services must be sent to the custodian and the parent or legal

31-48 guardian. If the child was delivered to a provider of emergency services

31-49 pursuant to section 1 of [this act] Senate Bill No. 191 of the 71st session of

32-1 the Nevada Legislature and the location of the parent is unknown, the

32-2 report need not be sent to that parent.

32-3 5. In determining the placement of a child pursuant to this section, if

32-4 the child is not permitted to remain in the custody of his parents or

32-5 guardian, preference must be given to placing the child:

32-6 (a) With any person related within the third degree of consanguinity to

32-7 the child who is suitable and able to provide proper care and guidance for

32-8 the child, regardless of whether the relative resides within this state.

32-9 (b) If practicable, together with his siblings.

32-10 Any search for a relative with whom to place a child pursuant to this

32-11 section must be completed within 1 year after the initial placement of the

32-12 child outside of his home. If a child is placed with any person who resides

32-13 outside of this state, the placement must be in accordance with NRS

32-14 127.330.

32-15 Sec. 120. Chapter 433B of NRS is hereby amended by adding thereto

32-16 the provisions set forth as sections 121 and 122 of this act.

32-17 Sec. 121. 1. A mental health consortium is hereby established in

32-18 each of the following jurisdictions:

32-19 (a) A county whose population is 100,000 or more; and

32-20 (b) The region consisting of all counties whose population are less

32-21 than 100,000.

32-22 2. In a county whose population is 100,000 or more, such a

32-23 consortium must consist of at least the following persons apppointed by

32-24 the administrator:

32-25 (a) A representative of the division;

32-26 (b) A representative of the agency which provides child welfare

32-27 services;

32-28 (c) A representative of the division of health care financing and policy

32-29 of the department;

32-30 (d) A representative of the board of trustees of the school district in

32-31 the county;

32-32 (e) A representative of the local juvenile probation department;

32-33 (f) A representative of the local chamber of commerce or business

32-34 community;

32-35 (g) A private provider of mental health care;

32-36 (h) A provider of foster care; and

32-37 (i) A parent of an emotionally disturbed child.

32-38 3. In the region consisting of counties whose population are less

32-39 than 100,000, such a consortium must consist of at least the following

32-40 persons appointed by the administrator:

32-41 (a) A representative of the division of mental health and

32-42 developmental services of the department;

32-43 (b) A representative of the agency which provides child welfare

32-44 services in the region;

32-45 (c) A representative of the division of health care financing and policy

32-46 of the department;

32-47 (d) A representative of the boards of trustees of the school districts in

32-48 the region;

32-49 (e) A representative of the local juvenile probation departments;

33-1 (f) A representative of the chambers of commerce or business

33-2 community in the region;

33-3 (g) A private provider of mental health care;

33-4 (h) A provider of foster care; and

33-5 (i) A parent of an emotionally disturbed child.

33-6 Sec. 122. 1. On or before January 1 of each year, each mental

33-7 health consortium established pursuant to section 121 of this act shall

33-8 prepare a recommended plan for the provision of mental health services

33-9 to emotionally disturbed children in the jurisdiction of the consortium.

33-10 2. In preparing the recommended plan, each mental health

33-11 consortium must be guided by the following principles:

33-12 (a) The system of mental health services set forth in the plan should

33-13 be centered on emotionally disturbed children and their families, with the

33-14 needs and strengths of those children and their family dictating the types

33-15 and mix of services provided.

33-16 (b) The families of emotionally disturbed children, including, without

33-17 limitation, foster parents, should be active participants in all aspects of

33-18 planning, selecting and delivering mental health services at the local

33-19 level.

33-20 (c) The system of mental health services should be community-based

33-21 and flexible, with accountability and the focus of the services at the local

33-22 level.

33-23 (d) The system of mental health services should provide timely access

33-24 to a comprehensive array of cost-effective mental health services.

33-25 (e) Children and their families who are in need of mental health

33-26 services should be identified as early as possible through screening,

33-27 assessment processes, treatment and systems of support.

33-28 (f) Comprehensive mental health services should be made available in

33-29 the least restrictive but clinically appropriate environment.

33-30 (g) The family of an emotionally disturbed child should be eligible to

33-31 receive mental health services from the system.

33-32 (h) Mental health services should be provided to emotionally disturbed

33-33 children in a sensitive manner that is responsive to cultural and gender-

33-34 based differences and the special needs of the children.

33-35 3. The plan prepared pursuant to this section must include:

33-36 (a) An assessment of the need for mental health services in the

33-37 jurisdiction of the consortium;

33-38 (b) A description of the types of services to be offered to emotionally

33-39 disturbed children based on the amount of money available to pay the

33-40 costs of such mental health services within the jurisdiction of the

33-41 consortium;

33-42 (c) Criteria for eligibility for those services;

33-43 (d) A description of the manner in which those services may be

33-44 obtained by eligible children;

33-45 (e) The manner in which the costs for those services will be allocated;

33-46 (f) The mechanisms to manage the money provided for those services;

33-47 (g) Documentation of the number of emotionally disturbed children

33-48 who are not currently being provided services, the costs to provide

34-1 services to those children, the obstacles to providing services to those

34-2 children and recommendations for removing those obstacles;

34-3 (h) Methods for obtaining additional money and services for

34-4 emotionally disturbed children from private and public entities; and

34-5 (i) The manner in which family members of eligible children and

34-6 other persons may be involved in the treatment of the children.

34-7 4. On or before January 15 of each year, each mental health

34-8 consortium shall submit the recommended plan prepared pursuant to this

34-9 section to the department. If the department disapproves the plan, the

34-10 department shall submit the plan to the consortium for revision and

34-11 resubmission to the department.

34-12 5. On or before January 15 of each year, each mental health

34-13 consortium shall submit the recommended plan prepared pursuant to this

34-14 section to the legislative committee on children, youth and families

34-15 established pursuant to section 37 of this act and shall submit progress

34-16 reports to the legislative committee on children, youth and families at the

34-17 end of each calendar quarter.

34-18 Sec. 123. NRS 442.400 is hereby amended to read as follows:

34-19 442.400 The [division of child and family services of the department]

34-20 agency which provides child welfare services or a licensed child-placing

34-21 agency shall inquire, during its initial contact with a natural parent of a

34-22 child who is to be placed for adoption, about consumption of alcohol or

34-23 substance abuse by the mother of the child during pregnancy. The

34-24 information obtained from the inquiry must be:

34-25 1. Included in the report provided to the adopting parents of the child

34-26 pursuant to NRS 127.152; and

34-27 2. Reported to the health division on a form prescribed by the health

34-28 division. The report must not contain any identifying information and may

34-29 be used only for statistical purposes.

34-30 Sec. 124. NRS 442.405 is hereby amended to read as follows:

34-31 442.405 1. The [division of child and family services of the

34-32 department] agency which provides child welfare services shall inquire,

34-33 during its initial contact with a natural parent of a child who is to be placed

34-34 in a family foster home, about consumption of alcohol or substance abuse

34-35 by the mother of the child during pregnancy. The information obtained

34-36 from the inquiry must be:

34-37 (a) Provided to the provider of family foster care pursuant to NRS

34-38 424.038; and

34-39 (b) Reported to the health division on a form prescribed by the health

34-40 division. The report must not contain any identifying information and may

34-41 be used only for statistical purposes.

34-42 2. As used in this section, “family foster home” has the meaning

34-43 ascribed to it in NRS 424.013.

34-44 Sec. 125. NRS 442.410 is hereby amended to read as follows:

34-45 442.410 An agency which provides [protective] child welfare services

34-46 shall inquire, during its initial contact with a natural parent of a child whom

34-47 a court has determined must be kept in temporary or permanent custody,

34-48 about consumption of alcohol or substance abuse by the mother of the child

34-49 during pregnancy. The information obtained from the inquiry must be:

35-1 1. Included in the report the agency is required to make pursuant to

35-2 NRS 432B.540; and

35-3 2. Reported to the health division on a form prescribed by the health

35-4 division. The report must not contain any identifying information and may

35-5 be used only for statistical purposes.

35-6 Sec. 126. NRS 641B.210 is hereby amended to read as follows:

35-7 641B.210 1. The board shall [not] grant a license to engage in social

35-8 work as an associate in social work to any [person on or after June 19,

35-9 1995.] applicant who:

35-10 (a) Possesses the preliminary qualifications set forth in NRS

35-11 641B.200; and

35-12 (b) Is employed by an agency which provides child welfare services in

35-13 a county whose population is 100,000 or more as a social worker,

35-14 supervisor of social work or administrator of social work on September 1,

35-15 2002.

35-16 2. The board shall renew the license of any person who was granted a

35-17 license to engage in social work as an associate in social work if he

35-18 complies with the provisions of NRS 641B.280.

35-19 3. A person who is granted a license to engage in social work as an

35-20 associate in social work pursuant to subsection 1 may supervise another

35-21 person engaged in the practice of social work.

35-22 4. The provisions of this section do not prohibit a social worker,

35-23 supervisor of social work or administrator of social work who is employed

35-24 by a public employer on July 1, 1988, and who is granted a license to

35-25 engage in social work as an associate in social work[,] pursuant to

35-26 subsection 1, from being promoted to any position for which he would

35-27 qualify but for the provisions of this chapter.

35-28 5. As used in this section, “agency which provides child welfare

35-29 services” has the meaning ascribed to it in NRS 432B.030.

35-30 Sec. 127. Section 122 of this act is hereby amended to read as follows:

35-31 Sec. 122. 1. On or before January 1 of each year, each mental

35-32 health consortium established pursuant to section 121 of this act shall

35-33 prepare a recommended plan for the provision of mental health

35-34 services to emotionally disturbed children in the jurisdiction of the

35-35 consortium.

35-36 2. In preparing the recommended plan, each mental health

35-37 consortium must be guided by the following principles:

35-38 (a) The system of mental health services set forth in the plan

35-39 should be centered on emotionally disturbed children and their

35-40 families, with the needs and strengths of those children and their

35-41 family dictating the types and mix of services provided.

35-42 (b) The families of emotionally disturbed children, including,

35-43 without limitation, foster parents, should be active participants in all

35-44 aspects of planning, selecting and delivering mental health services at

35-45 the local level.

35-46 (c) The system of mental health services should be community-

35-47 based and flexible, with accountability and the focus of the services at

35-48 the local level.

36-1 (d) The system of mental health services should provide timely

36-2 access to a comprehensive array of cost-effective mental health

36-3 services.

36-4 (e) Children and their families who are in need of mental health

36-5 services should be identified as early as possible through screening,

36-6 assessment processes, treatment and systems of support.

36-7 (f) Comprehensive mental health services should be made

36-8 available in the least restrictive but clinically appropriate

36-9 environment.

36-10 (g) The family of an emotionally disturbed child should be eligible

36-11 to receive mental health services from the system.

36-12 (h) Mental health services should be provided to emotionally

36-13 disturbed children in a sensitive manner that is responsive to cultural

36-14 and gender-based differences and special needs of the children.

36-15 3. The plan prepared pursuant to this section must include:

36-16 (a) An assessment of the need for mental health services in the

36-17 jurisdiction of the consortium;

36-18 (b) A description of the types of services to be offered to

36-19 emotionally disturbed children based on the amount of money

36-20 available to pay the costs of such mental health services within the

36-21 jurisdiction of the consortium;

36-22 (c) Criteria for eligibility for those services;

36-23 (d) A description of the manner in which those services may be

36-24 obtained by eligible children;

36-25 (e) The manner in which the costs for those services will be

36-26 allocated;

36-27 (f) The mechanisms to manage the money provided for those

36-28 services;

36-29 (g) Documentation of the number of emotionally disturbed

36-30 children who are not currently being provided services, the costs to

36-31 provide services to those children, the obstacles to providing services

36-32 to those children and recommendations for removing those obstacles;

36-33 (h) Methods for obtaining additional money and services for

36-34 emotionally disturbed children from private and public entities; and

36-35 (i) The manner in which family members of eligible children and

36-36 other persons may be involved in the treatment of the children.

36-37 4. On or before January 15 of each year, each mental health

36-38 consortium shall submit the recommended plan prepared pursuant to

36-39 this section to the department. If the department disapproves the plan,

36-40 the department shall submit the plan to the consortium for revision

36-41 and resubmission to the department.

36-42 [~~5. On or before January 15 of each year, each mental health~~

36-43 ~~consortium shall submit the recommended plan prepared pursuant to~~

36-44 ~~this section to the legislative committee on children, youth and~~

36-45 ~~families established pursuant to section 37 of this act and shall submit~~

36-46 ~~progress reports to the legislative committee on children, youth and~~

36-47 ~~families at the end of each calendar quarter.~~]

37-1 Sec. 128. Sections 2 and 3 of chapter 508, Statutes of Nevada 1999, at

37-2 page 2612, are hereby amended to read as follows:

37-3 Sec. 2. On or before November 30, [2000,] 2002, the division of

37-4 child and family services of the department of human resources shall

37-5 submit a report to the director of the legislative counsel bureau for

37-6 transmittal to the appropriate legislative committee. The report must

37-7 include the following information for each agreement entered into

37-8 pursuant to section 1 of this act:

37-9 1. The number of children involved in the pilot project

37-10 established pursuant to the agreement;

37-11 2. A description of the services provided to those children that

37-12 includes:

37-13 (a) The name of the agency that provided the services; and

37-14 (b) The costs incurred by the agency that provided the services;

37-15 3. If available, the disposition of the cases of those children; and

37-16 4. An analysis of the benefits, if any, to the children involved in

37-17 the pilot project and to the families of those children.

37-18 Sec. 3. This act becomes effective on July 1, 1999, and expires

37-19 by limitation on June 30, [2001.] 2003.

37-20 Sec. 129. Section 1 of Senate Bill No. 191 of the 71st session of the

37-21 Nevada Legislature is hereby amended to read as follows:

37-22 Section 1. Chapter 432B of NRS is hereby amended by adding

37-23 thereto a new section to read as follows:

37-24 1. A provider of emergency services shall take immediate

37-25 possession of a child who is or appears to be not more than 30 days

37-26 old if:

37-27 (a) The child is voluntarily delivered to the provider by a parent of

37-28 the child; and

37-29 (b) The parent does not express an intent to return for the child.

37-30 2. A provider of emergency services who takes possession of a

37-31 child pursuant to subsection 1 shall:

37-32 (a) Perform any act necessary to maintain and protect the physical

37-33 health and safety of the child.

37-34 (b) As soon as reasonably practicable but not later than 24 hours

37-35 after the provider takes possession of the child, report that possession

37-36 to an agency which provides[protective] child welfare services.

37-37 3. A person who delivers a child to a provider of emergency

37-38 services pursuant to subsection 1:

37-39 (a) Is presumed to have intended to consent to the termination of

37-40 his parental rights to the child.

37-41 (b) Shall be deemed to have given his consent to the performance

37-42 of all necessary emergency services and care for the child.

37-43 (c) Must not be required to provide any background or medical

37-44 information regarding the child, but may voluntarily do so.

37-45 (d) Unless there is reasonable cause to believe that the child has

37-46 been abused or neglected, excluding the mere fact that the person has

37-47 delivered the child to the provider pursuant to subsection 1:

37-48 (1) Must not be required to disclose any identifying information,

37-49 but may voluntarily do so;

38-1 (2) Must be allowed to leave at any time; and

38-2 (3) Must not be pursued or followed.

38-3 4. As used in this section, “provider of emergency services”

38-4 means:

38-5 (a) A hospital, an obstetric center or an independent center for

38-6 emergency medical care licensed pursuant to chapter 449 of NRS;

38-7 (b) A public fire-fighting agency; or

38-8 (c) A law enforcement agency.

38-9 Sec. 130. NRS 424.035 is hereby repealed.

38-10 Sec. 131. The legislative committee on children, youth and families

38-11 established pursuant to section 37 of this act shall monitor the transfer of

38-12 duties relating to the provision of child welfare services from the division

38-13 of child and family services of the department of human resources to each

38-14 agency which provides child welfare services in a county whose population

38-15 is 100,000 or more, including, without limitation, the fiscal effects

38-16 resulting from the transfer of such duties.

38-17 Sec. 132. 1. The division of child and family services of the

38-18 department of human resources, in consultation with each agency which

38-19 provides child welfare services in a county whose population is 100,000 or

38-20 more, shall develop a plan for funding the provision of child welfare

38-21 services in this state. The plan must address the fiscal responsibility of the

38-22 state and each such county for any increases in the costs of providing those

38-23 services. The division of child and family services shall submit the plan to

38-24 the legislative committee on children, youth and families established

38-25 pursuant to section 37 of this act on or before September 15, 2002, for its

38-26 review.

38-27 2. The legislative committee on children, youth and families may

38-28 revise the plan submitted by the division of child and family services

38-29 pursuant to subsection 1 as it deems necessary and shall submit the plan,

38-30 including any necessary revisions, to the governor and the interim finance

38-31 committee on or before November 15, 2002.

38-32 Sec. 133. 1. Notwithstanding the provisions of chapter 284 of NRS

38-33 and any regulations adopted pursuant thereto to the contrary:

38-34 (a) The positions in the division of child and family services of the

38-35 department of human resources that are to be abolished must be determined

38-36 jointly by the division and each agency which provides child welfare

38-37 services in a county whose population is 100,000 or more based on the

38-38 necessity of the positions to carry out the provisions of this act.

38-39 (b) The abolishment of positions pursuant to paragraph (a) must not

38-40 affect employees of the division who are employed in positions that will

38-41 not be abolished.

38-42 2. The agency which provides child welfare services in a county in

38-43 which a position in the division of child and family services of the

38-44 department of human resources which is being abolished is located shall

38-45 make an offer of employment in a comparable position to the employee of

38-46 the division who had filled that position immediately preceding its

38-47 abolishment.

38-48 3. An employee of the division of child and family services of the

38-49 department of human resources who accepts an offer of employment made

39-1 pursuant to subsection 2 from an agency which provides child welfare

39-2 services in a county whose population is 100,000 or more may:

39-3 (a) Transfer all of his accrued sick leave, including, without limitation,

39-4 all of his unused sick leave accrued but not carried forward pursuant to

39-5 NRS 284.355, as of the effective date of the abolishment of his position to

39-6 his sick leave account with the agency with which he accepted employment

39-7 pursuant to subsection 2. If an employee of the division transfers his sick

39-8 leave pursuant to this paragraph, he may only use that sick leave after he

39-9 has exhausted the sick leave that he accrues at the county agency. The

39-10 employee may not receive any payment for that sick leave after the sick

39-11 leave has been transferred pursuant to this paragraph; or

39-12 (b) Receive payment for his unused sick leave, exclusive of any unused

39-13 sick leave accrued but not carried forward, as of the effective date of the

39-14 abolishment of his position, according to his number of years of public

39-15 service, except service with a political subdivision of the state, as follows:

39-16 (1) For less than 10 years of service, not more than $1,500.

39-17 (2) For 10 years of service or more but less than 15 years, not more

39-18 than $2,500.

39-19 (3) For 15 years of service or more but less than 20 years, not more

39-20 than $4,000.

39-21 (4) For 20 years of service or more but less than 25 years, not more

39-22 than $6,000.

39-23 (5) For 25 years of service or more, not more than $8,000.

39-24 If the payment provided pursuant to this paragraph does not compensate

39-25 the employee fully for the unused sick leave that the employee has accrued

39-26 and carried forward, the remaining balance of the employee’s unused sick

39-27 leave must be transferred to his sick leave account with the agency with

39-28 which he accepted employment pursuant to subsection 2. All of the

39-29 employee’s unused sick leave that has been accrued but not carried forward

39-30 pursuant to NRS 284.355 must be transferred to his sick leave account with

39-31 the agency with which he accepted employment pursuant to subsection 2.

39-32 If sick leave is transferred to the employee’s sick leave account with the

39-33 county agency pursuant to this paragraph, the employee may only use that

39-34 sick leave after he has exhausted the sick leave that he accrues at the

39-35 county agency. The employee may not receive any payment for sick leave

39-36 that is transferred pursuant to this paragraph.

39-37 4. Notwithstanding any provision to the contrary, an employee of the

39-38 division of child and family services of the department of human resources

39-39 who accepted an offer of employment made pursuant to subsection 2 with

39-40 an agency which provides child welfare services in a county whose

39-41 population is 100,000 or more shall receive payment for all of the annual

39-42 leave that he had accrued as of the date of the abolishment of his position,

39-43 unless the employee, before the effective date of the abolishment of his

39-44 position, requests the division to transfer a portion or all of his accrued

39-45 annual leave to his account for annual leave with the agency with which he

39-46 accepted employment pursuant to subsection 2. If the employee requests

39-47 the transfer of a portion of his annual leave to his account for annual leave

39-48 with the county agency pursuant to this subsection, the employee shall

39-49 receive payment for the remaining balance of his accrued annual leave that

40-1 he did not transfer. After his acceptance of employment with the county

40-2 agency, the employee must accrue annual leave at a rate that is based on

40-3 his years of state service and county service.

40-4 5. An employee of the division of child and family services of the

40-5 department of human resources who is licensed to engage in social work

40-6 pursuant to chapter 641B of NRS must be classified and continued as a

40-7 social worker after accepting employment with the county agency pursuant

40-8 to subsection 2. Persons hired by the county agency on or after October 1,

40-9 2001, in the capacity of social worker, supervisor of social work or

40-10 administrator of social work must be licensed pursuant to chapter 641B of

40-11 NRS.

40-12 6. Notwithstanding any county ordinance or regulation to the contrary,

40-13 an employee of the division of child and family services of the department

40-14 of human resources who is a permanent employee of the division at the

40-15 time at which he accepts employment offered pursuant to subsection 2 with

40-16 an agency which provides child welfare services in a county whose

40-17 population is 100,000 or more must not be subject to any probationary

40-18 period otherwise applicable to his initial employment with the county

40-19 agency. An employee of the division of child and family services of the

40-20 department of human resources who is not a permanent employee of the

40-21 division at the time at which he accepts employment offered pursuant to

40-22 subsection 2 with an agency which provides child welfare services in a

40-23 county whose population is 100,000 or more may be subject to a

40-24 probationary period between 6 months and 2 years, as determined by the

40-25 county agency. If such an employee completes his probationary period

40-26 successfully, the employee must be given permanent status.

40-27 7. If an employee of the division of child and family services of the

40-28 department of human resources accepts an offer of employment made

40-29 pursuant to subsection 2 with an agency which provides child welfare

40-30 services in a county whose population is 100,000 or more, the base salary

40-31 for the new position with the county agency:

40-32 (a) Must be in a range of salary such that the employee will not

40-33 experience any reduction in his annual net salary.

40-34 (b) Must be adjusted to include any merit increase that the employee

40-35 would have been eligible to receive within the 1-year period after his

40-36 acceptance of an offer pursuant to subsection 2 if the employee had

40-37 remained employed by the division of child and family services of the

40-38 department of human resources. Such an increase must not commence until

40-39 the date on which the employee would have received the merit increase if

40-40 the employee had remained employed by the division of child and family

40-41 services.

40-42 (c) Must include any increases that had been provided to the employee

40-43 pursuant to NRS 284.177 before the abolishment of his position. After

40-44 acceptance of an offer of employment made pursuant to subsection 2 with

40-45 the county agency, any increase in the employee’s salary based on

40-46 longevity must be based only on the employee’s years of service with the

40-47 county agency.

40-48 (d) Must be increased by 5 percent more than the base salary of the

40-49 corresponding position that he occupied at the division which was

41-1 abolished if the employee is fluent in a language spoken by 10 percent or

41-2 more of the clients of the agency.

41-3 8. Notwithstanding any provision of the law, county ordinance or

41-4 collective bargaining agreement entered into pursuant to chapter 288 of

41-5 NRS to the contrary, an agency which provides child welfare services in a

41-6 county whose population is 100,000 or more shall pay to the public

41-7 employees’ benefits program the premiums or contributions for each

41-8 employee of the division of child and family services of the department of

41-9 human resources who:

41-10 (a) Accepts an offer of employment made pursuant to subsection 2 by

41-11 the agency; and

41-12 (b) Participated in the public employees’ benefits program,

41-13 from the date on which the position of the employee was abolished until

41-14 the employee is eligible for coverage for health benefits by the county

41-15 agency. The coverage of the employee under the public employees’

41-16 benefits program must be continuous until his coverage for health benefits

41-17 commences with the county agency.

41-18 9. An agency which provides child welfare services in a county whose

41-19 population is 100,000 or more shall recognize the results of any

41-20 background investigation or drug screening performed regarding an

41-21 employee of the division of child and family services of the department of

41-22 human resources who accepts an offer of employment made pursuant to

41-23 subsection 2 with that agency.

41-24 10. Notwithstanding any provision of the law, county ordinance or

41-25 collective bargaining agreement entered into pursuant to chapter 288 of

41-26 NRS to the contrary, an employee of the division of child and family

41-27 services of the department of human resources who accepts an offer of

41-28 employment made pursuant to subsection 2 is entitled to the same rights as

41-29 a county employee in the case of a layoff at the county agency. For the

41-30 purposes of a layoff at the county agency, the number of years of state

41-31 service of such an employee of the division of child and family services

41-32 must be considered in addition to his years of service with the county

41-33 agency within the classification and unit in which the employee is

41-34 employed if the employee has maintained the same classification that the

41-35 employee had before accepting employment with the county agency

41-36 pursuant to subsection 2.

41-37 Sec. 134. Notwithstanding any provision of chapter 284 of NRS or

41-38 any regulations adopted pursuant thereto to the contrary, an employee of

41-39 the division of child and family services of the department of human

41-40 resources whose position is or will be abolished may request that his name

41-41 be placed on the appropriate reemployment list before or after his position

41-42 is abolished and is entitled to all related rights and privileges as if he had

41-43 been laid off on the date on which his position was abolished.

41-44 Sec. 135. Notwithstanding the amendatory provisions of this act, the

41-45 division of child and family services of the department of human resources

41-46 shall, except as otherwise provided in NRS 432B.325, provide child

41-47 welfare services in a county whose population is 100,000 or more as

41-48 necessary until the division and the board of county commissioners of the

41-49 county agree that an agency in the county is fully capable of providing

42-1 child welfare services. Any dispute regarding the capability of the agency

42-2 to provide child welfare services must be determined by the governor.

42-3 Sec. 136. 1. There is hereby appropriated from the state general fund

42-4 to the division of child and family services of the department of human

42-5 resources the sum of $5,166,860 for one-time costs associated with the

42-6 transfer of certain child welfare services from the department of human

42-7 resources to Clark County and Washoe County. No expenditures may be

42-8 made from the money appropriated pursuant to this subsection for ongoing

42-9 costs related to the integration of the child welfare system.

42-10 2. The money appropriated by subsection 1 must be deposited into the

42-11 account established solely for the costs related to the integration of the

42-12 child welfare system.

42-13 3. Any remaining balance of the appropriation made by subsection 1

42-14 must not be committed for expenditure after June 30, 2003, and reverts to

42-15 the state general fund as soon as all payments of money committed have

42-16 been made.

42-17 Sec. 137. 1. There is hereby appropriated from the state general fund

42-18 to the division of child and family services of the department of human

42-19 resources for ongoing costs associated with the transfer of certain child

42-20 welfare services from the department of human resources to Clark County

42-21 and Washoe County:

42-22 For the fiscal year 2001-2002 $1,015,497

42-23 For the fiscal year 2002-2003 $5,619,610

42-24 On or before June 30, 2002, the sum appropriated pursuant to this

42-25 subsection may be transferred from one fiscal year to the other with the

42-26 approval of the interim finance committee upon the recommendation of the

42-27 Governor.

42-28 2. The money appropriated by subsection 1 must be deposited into the

42-29 account established solely for the costs related to the integration of the

42-30 child welfare system.

42-31 3. Any remaining balance of the sum appropriated by subsection 1 for

42-32 fiscal year 2001-2002 that has not been transferred to fiscal year 2002-

42-33 2003 must not be committed for expenditure after June 30, 2002, and

42-34 reverts to the state general fund as soon as all payments of money

42-35 committed have been made.

42-36 4. Any remaining balance of the sum appropriated by subsection 1 for

42-37 fiscal year 2002-2003 and any sum transferred from fiscal year 2001-2002

42-38 must not be committed for expenditure after June 30, 2003, and reverts to

42-39 the state general fund as soon as all payments of money committed have

42-40 been made.

42-41 Sec. 138. 1. Notwithstanding any provision of chapter 353 of NRS

42-42 to the contrary, the division of child and family services of the department

42-43 of human resources may submit a request to the budget division of the

42-44 department of administration to transfer money appropriated to the division

42-45 in the budget accounts for children and family administration, youth

42-46 community services and child care services to the account established

42-47 solely for the costs related to the integration of the child welfare system.

42-48 The interim finance committee may approve the transfer of money from

43-1 those three budget accounts pursuant to this subsection upon receipt of a

43-2 recommendation to do so from the governor.

43-3 2. On or before June 30, 2002, any sum transferred from the budget

43-4 account for youth community services to the new account established

43-5 solely for the costs related to the integration of the child welfare system

43-6 pursuant to subsection 1 may be transferred from one fiscal year to the

43-7 other with the approval of the interim finance committee upon the

43-8 recommendation of the Governor.

43-9 3. Any remaining balance of the sums transferred to the new account

43-10 established solely for the costs related to the integration of the child

43-11 welfare system pursuant to subsection 1 for fiscal year 2001-2002 that has

43-12 not been transferred to fiscal year 2002-2003 must not be committed for

43-13 expenditure after June 30, 2002, and reverts to the state general fund as

43-14 soon as all payments of money committed have been made.

43-15 4. Any remaining balance of the sums transferred to the new account

43-16 established solely for the costs related to the integration of the child

43-17 welfare system pursuant to subsection 1 for fiscal year 2002-2003 and any

43-18 sum transferred in that account from fiscal year 2001-2002 must not be

43-19 committed for expenditure after June 30, 2003, and reverts to the state

43-20 general fund as soon as all payments of money committed have been made.

43-21 Sec. 139. 1. This section and sections 128, 134, 136 and 140 of this

43-22 act become effective upon passage and approval.

43-23 2. Sections 35 to 39, inclusive, 131, 137 and 138 of this act become

43-24 effective on July 1, 2001.

43-25 3. Sections 1 to 9, inclusive, 11, 13 to 20, inclusive, 22 to 34,

43-26 inclusive, 40 to 92, inclusive, 94 to 126, inclusive, 129, 130, 132, 133 and

43-27 135 of this act become effective on October 1, 2001.

43-28 4. Sections 10, 21 and 93 of this act become effective at 12:01 a.m. on

43-29 October 1, 2001.

43-30 5. Section 12 of this act becomes effective at 12:02 a.m. on October 1,

43-31 2001.

43-32 6. Section 126 of this act expires by limitation on January 1, 2005.

43-33 7. Sections 35 to 39, inclusive, 122 and 131 of this act expire by

43-34 limitation on June 30, 2005.

43-35 8. Section 127 of this act becomes effective on July 1, 2005.

43-36 Sec. 140. The Legislative Counsel shall:

43-37 1. In preparing the reprint and supplements to the Nevada Revised

43-38 Statutes, appropriately change any references to “agency which provides

43-39 protective services” to “agency which provides child welfare services.”

43-40 2. In preparing supplements to the Nevada Administrative Code,

43-41 appropriately change any references to “agency which provides protective

43-42 services” to “agency which provides child welfare services.”

44-1 TEXT OF REPEALED SECTION

44-2 424.035 Delegation of authority to issue provisional licenses:

44-3 Regulations.

44-4 1. The division may provide by regulation for the delegation of its

44-5 authority to issue provisional licenses to foster homes if the situation

44-6 requires the issuance of a provisional license immediately.

44-7 2. In the regulations adopted pursuant to this section, the division shall

44-8 specify:

44-9 (a) The classes of persons to whom the authority will be delegated;

44-10 (b) The procedure for applying for authority to issue provisional

44-11 licenses;

44-12 (c) The conditions under which a provisional license may be issued by a

44-13 person to whom authority has been delegated pursuant to this section; and

44-14 (d) Procedures which the person who has issued a provisional license

44-15 must follow after doing so.

44-16 H