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).

1-1 Section 1. Chapter 127 of NRS is hereby amended by adding thereto

1-5 with his siblings.

1-6 Sec. 2. NRS 127.220 is hereby amended to read as follows:

1-7 127.220 As used in NRS [127.230] 127.220 to 127.310, inclusive, and

1-8 section 1 of this act, unless the context otherwise requires:

2-1 1. "Arrange the placement of a child" means to make preparations for

2-2 or bring about any agreement or understanding concerning the adoption of

2-3 a child.

2-4 2. "Child-placing agency" means the division or a nonprofit

2-5 corporation organized pursuant to chapter 82 of NRS, and licensed by the

2-6 division to place children for adoption or permanent free care.

2-7 3. "Person" includes a hospital.

2-8 4. "Recommend the placement of a child" means to suggest to a

2-9 licensed child-placing agency that a prospective adoptive parent be

2-10 allowed to adopt a specific child, born or in utero.

2-11 Sec. 3. Chapter 128 of NRS is hereby amended by adding thereto a

2-15 are completed within 6 months after the petition is filed.

2-16 Sec. 4. NRS 128.100 is hereby amended to read as follows:

2-17 128.100 1. In any proceeding for terminating parental rights, or any

2-26 persons charged with crimes.

2-27 Sec. 5. NRS 128.110 is hereby amended to read as follows:

2-28 128.110 1. Whenever the procedure described in this chapter has

2-42 related within the third degree of consanguinity to the child whom the

3-1 person or agency finds suitable and able to provide proper care and

3-2 guidance for the child, regardless of whether the relative resides within this

3-3 state.

3-4 (b) Shall, if practicable, give preference to the placement of the child

3-5 together with his siblings.

3-6 Any search for a relative with whom to place a child pursuant to this

3-7 subsection must be completed within 1 year after the initial placement of

3-8 the child outside of his home.

3-9 Sec. 6. Chapter 432 of NRS is hereby amended by adding thereto a

3-14 approval as an adoptive parent or as a provider of foster care.

3-15 Sec. 7. NRS 432.032 is hereby amended to read as follows:

3-16 432.032 The division shall adopt regulations for the administration of

3-18 binding upon all recipients and local units.

3-19 Sec. 8. Chapter 432B of NRS is hereby amended by adding thereto

3-20 the provisions set forth as sections 9, 10 and 11 of this act.

3-21 Sec. 9. 1. The board to expedite proceedings for the placement of

3-22 children, consisting of five members appointed by the governor, is hereby

3-23 created within the division of child and family services. The governor

3-24 shall appoint to the board:

3-25 (a) One member who is representative of foster parents;

3-26 (b) One member who is representative of special advocates who

3-27 comply with the requirements of section 11 of this act;

3-28 (c) One member who is representative of attorneys in private practice

3-29 who are regularly involved in proceedings conducted pursuant to NRS

3-30 432B.410 to 432B.600, inclusive, and sections 10 and 11 of this act;

3-31 (d) One member who is representative of attorneys in public practice

3-32 who are regularly involved in proceedings conducted pursuant to NRS

3-33 432B.410 to 432B.600, inclusive, and sections 10 and 11 of this act; and

3-34 (e) One member who is employed by the division of child and family

3-35 services.

3-36 2. After the initial terms, the members of the board serve terms of 4

3-37 years. Any member of the board may be reappointed. If a vacancy occurs

3-38 during the term of a member, the governor shall appoint a person

3-39 similarly qualified to replace that member for the remainder of the

3-40 unexpired term. The governor may remove a member from the board if

3-41 the member neglects his duty or commits malfeasance in office.

3-42 3. Members of the board serve without compensation, except that

3-43 necessary travel and per diem expenses may be reimbursed, not to exceed

4-1 the amounts provided for state officers and employees generally, to the

4-2 extent that money is made available for that purpose.

4-3 4. The division of child and family services shall provide the board

4-4 with administrative support.

4-5 5. The board shall:

4-6 (a) At its first meeting and annually thereafter, elect a chairman from

4-7 among its members.

4-8 (b) Meet at least four times annually and may meet at other times

4-9 upon the call of the chairman.

4-10 (c) Review each case referred to it pursuant to section 10 of this act,

4-11 and provide the referring court and the office of the attorney general

4-12 with any recommendations to expedite the completion of the case.

4-13 Sec. 10. If the court has not approved the permanent placement of a

4-14 child within 18 months after the initial removal of the child from his

4-15 home, it shall refer the case to the board to expedite proceedings for the

4-16 placement of children created pursuant to section 9 of this act to obtain

4-17 recommendations from the board to expedite the completion of the case.

4-18 Sec. 11. To qualify for appointment as a guardian ad litem pursuant

4-19 to NRS 432B.500, a special advocate must be a volunteer from the

4-20 community who completes an initial 12 hours of specialized training and,

4-21 annually thereafter, completes 6 hours of specialized training. The

4-22 training must be approved by the court and include information

4-23 regarding:

4-24 1. The dynamics of the abuse and neglect of children;

4-25 2. Factors to consider in determining the best interests of a child,

4-26 including planning for the permanent placement of the child;

4-27 3. The interrelationships between the family system, legal process

4-28 and system of child welfare;

4-29 4. Skills in mediation and negotiation;

4-30 5. Federal, state and local laws affecting children;

4-31 6. Cultural, ethnic and gender-specific issues;

4-32 7. Domestic violence;

4-33 8. Resources and services available in the community for children in

4-34 need of protection;

4-35 9. Child development;

4-36 10. Standards for guardians ad litem; and

4-37 11. Such other topics as the court deems appropriate.

4-38 Sec. 12. NRS 432B.290 is hereby amended to read as follows:

4-39 432B.290 1. Except as otherwise provided in subsection 2 or 5, data

4-43 may have been abused or neglected;

5-1 (b) A person authorized to place a child in protective custody, if he has

5-2 before him a child who he reasonably believes may have been abused or

5-3 neglected and he requires the information to determine whether to place

5-4 the child in protective custody;

5-5 (c) An agency, including, without limitation, an agency in another

5-6 jurisdiction, responsible for or authorized to undertake the care, treatment

5-7 or supervision of:

5-8 (1) The child; or

5-9 (2) The person responsible for the welfare of the child;

5-10 (d) A district attorney or other law enforcement officer who requires the

5-11 information in connection with an investigation or prosecution of the abuse

5-12 or neglect of a child;

5-13 (e) A court, for in camera inspection only, unless the court determines

5-14 that public disclosure of the information is necessary for the determination

5-15 of an issue before it;

5-16 (f) A person engaged in bona fide research or an audit, but information

5-17 identifying the subjects of a report must not be made available to him;

5-18 (g) The attorney and the guardian ad litem of the child;

5-19 (h) A grand jury upon its determination that access to these records is

5-20 necessary in the conduct of its official business;

5-21 (i) An agency which provides protective services or which is authorized

5-22 to receive, investigate and evaluate reports of the abuse or neglect of a

5-23 child;

5-24 (j) A person [who] or an organization that has entered into a written

5-25 agreement with an agency which provides protective services to provide

5-26 assessments or services and that has been trained to make such assessments

5-27 or provide such services;

5-28 (k) A team organized pursuant to NRS 432B.350 for the protection of a

5-29 child ; [pursuant to NRS 432B.350;]

5-30 (l) A team organized pursuant to NRS 432B.405 to review the death of

5-31 a child;

5-32 (m) A parent or legal guardian of the child, if the identity of the person

5-33 responsible for reporting the alleged abuse or neglect of the child to a

5-34 public agency is kept confidential;

5-35 (n) The person named in [the] a report as allegedly being abused or

5-36 neglected, if he is not a minor or otherwise legally incompetent;

5-37 (o) An agency that is authorized by law to license foster homes or

5-38 facilities for children or to investigate persons applying for approval to

5-39 adopt a child, if the agency has before it an application for that license or is

5-40 investigating an applicant to adopt a child;

5-41 (p) Upon written consent of the parent, any officer of this state or a city

5-42 or county thereof or legislator authorized by the agency or department

6-1 having jurisdiction or by the legislature, acting within its jurisdiction, to

6-2 investigate the activities or programs of an agency that provides protective

6-3 services if:

6-4 (1) The identity of the person making the report is kept confidential;

6-5 and

6-6 (2) The officer, legislator or a member of his family is not the person

6-7 alleged to have committed the abuse or neglect;

6-8 (q) The division of parole and probation of the department of motor

6-9 vehicles and public safety for use pursuant to NRS 176.135 in making a

6-10 presentence investigation and report to the district court; [or]

6-11 (r) Any person who is required pursuant to NRS 432B.220 to make a

6-12 report to an agency which provides protective services or to a law

6-13 enforcement agency [.] ; or

6-14 (s) The board to expedite proceedings for the placement of children

6-15 created pursuant to section 9 of this act.

6-16 2. Except as otherwise provided in subsection 3, data or information

6-17 concerning reports and investigations thereof made pursuant to this chapter

6-18 may be made available to any member of the general public if the child

6-19 who is the subject of the report dies or is critically injured as a result of

6-20 alleged abuse or neglect, except that the data or information which may be

6-21 disclosed is limited to:

6-22 (a) The fact that a report of abuse or neglect has been made and, if

6-23 appropriate, a factual description of the contents of the report;

6-24 (b) Whether an investigation has been initiated pursuant to NRS

6-25 432B.260, and the result of a completed investigation; and

6-26 (c) Such other information as is authorized for disclosure by a court

6-27 pursuant to subsection 4.

6-28 3. An agency which provides protective services shall not disclose data

6-29 or information pursuant to subsection 2 if the agency determines that the

6-30 disclosure is not in the best interests of the child or if disclosure of the

6-31 information would adversely affect any pending investigation concerning

6-32 [the] a report.

6-33 4. Upon petition, a court of competent jurisdiction may authorize the

6-34 disclosure of additional information to the public pursuant to subsection 2

6-35 if good cause is shown by the petitioner for the disclosure of the additional

6-36 information.

6-37 5. An agency investigating a report of the abuse or neglect of a child

6-38 shall, upon request, provide to a person named in the report as allegedly

6-39 causing the abuse or neglect of the child:

6-40 (a) A copy of:

6-41 (1) Any statement made in writing to an investigator for the agency

6-42 by the person named in the report as allegedly causing the abuse or neglect

6-43 of the child; or

7-1 (2) Any recording made by the agency of any statement made orally

7-2 to an investigator for the agency by the person named in the report as

7-3 allegedly causing the abuse or neglect of the child; or

7-4 (b) A written summary of the allegations made against the person who

7-5 is named in the report as allegedly causing the abuse or neglect of the

7-6 child. The summary must not identify the person responsible for reporting

7-7 the alleged abuse or neglect.

7-8 6. Any person, except for:

7-9 (a) The subject of a report;

7-10 (b) A district attorney or other law enforcement officer initiating legal

7-11 proceedings; or

7-12 (c) An employee of the division of parole and probation of the

7-13 department of motor vehicles and public safety making a presentence

7-14 investigation and report to the district court pursuant to NRS 176.135,

7-15 who is given access, pursuant to subsection 1 or 2, to information

7-16 identifying the subjects of a report who makes this information public is

7-17 guilty of a misdemeanor.

7-18 7. The division of child and family services shall adopt regulations to

7-19 carry out the provisions of this section.

7-20 Sec. 13. NRS 432B.290 is hereby amended to read as follows:

7-21 432B.290 1. Except as otherwise provided in subsection 2, data or

8-1 (g) The attorney and the guardian ad litem of the child;

8-2 (h) A grand jury upon its determination that access to these records is

8-3 necessary in the conduct of its official business;

8-4 (i) An agency which provides protective services or which is authorized

8-5 to receive, investigate and evaluate reports of the abuse or neglect of a

8-6 child;

8-7 (j) A team organized pursuant to NRS 432B.350 for the protection of a

8-8 child ; [pursuant to NRS 432B.350;]

8-9 (k) A parent or legal guardian of the child, if the identity of the person

8-10 responsible for reporting the alleged abuse or neglect of the child to a

8-11 public agency is kept confidential;

8-12 (l) The person named in [the] a report as allegedly being abused or

8-13 neglected, if he is not a minor or otherwise legally incompetent;

8-14 (m) An agency that is authorized by law to license foster homes or

8-15 facilities for children or to investigate persons applying for approval to

8-16 adopt a child, if the agency has before it an application for that license or is

8-17 investigating an applicant to adopt a child;

8-18 (n) Upon written consent of the parent, any officer of this state or a city

8-19 or county thereof or legislator authorized, by the agency or department

8-20 having jurisdiction or by the legislature, acting within its jurisdiction, to

8-21 investigate the activities or programs of an agency that provides protective

8-22 services if:

8-23 (1) The identity of the person making the report is kept confidential;

8-24 and

8-25 (2) The officer, legislator or a member of his family is not the person

8-26 alleged to have committed the abuse or neglect; [or]

8-27 (o) The division of parole and probation of the department of motor

8-28 vehicles and public safety for use pursuant to NRS 176.135 in making a

8-29 presentence investigation and report to the district court [.] ; or

8-30 (p) The board to expedite proceedings for the placement of children

8-31 created pursuant to section 9 of this act.

8-32 2. An agency investigating a report of the abuse or neglect of a child

8-33 shall, upon request, provide to a person named in the report as allegedly

8-34 causing the abuse or neglect of the child:

8-35 (a) A copy of:

8-36 (1) Any statement made in writing to an investigator for the agency

8-37 by the person named in the report as allegedly causing the abuse or neglect

8-38 of the child; or

8-39 (2) Any recording made by the agency of any statement made orally

8-40 to an investigator for the agency by the person named in the report as

8-41 allegedly causing the abuse or neglect of the child; or

9-1 (b) A written summary of the allegations made against the person who

9-2 is named in the report as allegedly causing the abuse or neglect of the

9-3 child. The summary must not identify the person responsible for reporting

9-4 the alleged abuse or neglect.

9-5 3. Any person, except for:

9-6 (a) The subject of a report;

9-7 (b) A district attorney or other law enforcement officer initiating legal

9-8 proceedings; or

9-9 (c) An employee of the division of parole and probation of the

9-10 department of motor vehicles and public safety making a presentence

9-11 investigation and report to the district court pursuant to NRS 176.135,

9-12 who is given access, pursuant to subsection 1, to information identifying

9-13 the subjects of a report who makes this information public is guilty of a

9-14 misdemeanor.

9-15 4. The division of child and family services shall adopt regulations to

9-16 carry out the provisions of this section.

9-17 Sec. 14. NRS 432B.420 is hereby amended to read as follows:

9-18 432B.420 1. A parent or other person responsible for the [child’s]

9-40 compensation for his services as a guardian ad litem.

10-1 Sec. 15. NRS 432B.457 is hereby amended to read as follows:

10-2 432B.457 1. If the court or a special master appointed pursuant to

10-30 the placement of the child.

10-31 Sec. 16. NRS 432B.500 is hereby amended to read as follows:

10-32 432B.500 1. After a petition is filed that a child is in need of

10-43 welfare . [may not be so appointed.]

11-1 2. No compensation may be allowed a person serving as a guardian ad

11-2 litem [.] pursuant to this section.

11-3 3. A guardian ad litem appointed pursuant to this section shall:

11-4 (a) Represent and protect the best interests of the child until excused

11-5 by the court;

11-6 (b) Thoroughly research and ascertain the relevant facts of each case

11-7 for which he is appointed, and ensure that the court receives an

11-8 independent, objective account of those facts;

11-9 (c) Meet with the child wherever the child is placed as often as is

11-10 necessary to determine that the child is safe and to ascertain the best

11-11 interests of the child;

11-12 (d) Explain to the child the role of the guardian ad litem and, when

11-13 appropriate, the nature and purpose of each proceeding in his case;

11-14 (e) Participate in the development and negotiation of any plans for

11-15 and orders regarding the child, and monitor the implementation of those

11-16 plans and orders to determine whether services are being provided in an

11-17 appropriate and timely manner;

11-18 (f) Appear at all proceedings regarding the child;

11-19 (g) Inform the court of the desires of the child, but exercise his

11-20 independent judgment regarding the best interests of the child;

11-21 (h) Present recommendations to the court and provide reasons in

11-22 support of those recommendations;

11-23 (i) Request the court to enter orders that are clear, specific and, when

11-24 appropriate, include periods for compliance;

11-25 (j) Review the progress of each case for which he is appointed, and

11-26 advocate for the expedient completion of the case; and

11-27 (k) Perform such other duties as the court orders.

11-28 Sec. 17. NRS 432B.550 is hereby amended to read as follows:

11-29 432B.550 1. If the court finds that [the] a child is in need of

11-42 authorized to care for children, the local juvenile probation department, the

12-1 local department of juvenile services or a private agency or institution

12-2 licensed by the department of human resources to care for such a child; or

12-3 (d) Commit him to the custody of the superintendent of the northern

12-4 Nevada children’s home or the superintendent of the southern Nevada

12-5 children’s home, in accordance with chapter 423 of NRS.

12-6 2. If, pursuant to subsection 1, a child is placed other than with a

12-7 parent, the parent retains the right to consent to adoption, to determine the

12-8 child’s religious affiliation and to reasonable visitation, unless restricted by

12-9 the court. If the custodian of the child interferes with these rights, the

12-10 parent may petition the court for enforcement of his rights.

12-11 3. If, pursuant to subsection 1, the child is to be placed with a relative,

12-12 the court may consider, among other factors, whether the child has resided

12-13 with a particular relative for 3 years or more before the incident which

12-14 brought the child to the court’s attention.

12-15 4. A copy of the report prepared for the court by the agency which

12-16 provides protective services must be sent to the custodian and the parent or

12-17 legal guardian.

12-18 5. In determining the placement of a child pursuant to this section, if

12-19 the child is not permitted to remain in the custody of his parents or

12-20 guardian, preference must be given to placing the child:

12-21 (a) With any person related within the third degree of consanguinity to

12-22 the child who is suitable and able to provide proper care and guidance for

12-23 the child, regardless of whether the relative resides within this state.

12-24 (b) If practicable, together with his siblings.

12-25 Any search for a relative with whom to place a child pursuant to this

12-26 section must be completed within 1 year after the initial placement of the

12-27 child outside of his home. If a child is placed with any person who resides

12-28 outside of this state, the placement must be in accordance with NRS

12-29 127.330.

12-30 Sec. 18. NRS 432B.590 is hereby amended to read as follows:

12-31 432B.590 1. Except as otherwise provided in NRS 432B.600, the

12-42 (a) The child should be returned to his parents or other relatives;

13-1 (b) The child’s placement in the foster home or other similar institution

13-2 should be continued; or

13-3 (c) [In] It is in the best interests of the child [,] to initiate proceedings

13-4 to:

13-5 (1) Terminate parental rights pursuant to chapter 128 of NRS so that

13-6 the child can be placed for adoption; or

13-7 (2) Establish a guardianship pursuant to chapter 159 of NRS . [,

13-8 should be initiated.]

13-9 If the court determines that it is in the best interests of the child to

13-10 terminate parental rights, the court shall use its best efforts to ensure that

13-11 the procedures required by chapter 128 of NRS are completed within 6

13-12 months after the date the court makes that determination.

13-13 4. If a child has been placed outside of his home and has resided

13-14 outside of his home pursuant to that placement for 18 months of any 24

13-15 consecutive months, the best interests of the child must be presumed to be

13-16 served by the termination of parental rights.

13-17 5. This hearing may take the place of the hearing for review required

13-18 by NRS 432B.580.

13-19 Sec. 19. As soon as practicable after July 1, 1999, the governor shall

13-20 appoint to the board created pursuant to section 9 of this act:

13-21 1. Two members to an initial term that expires on June 30, 2001.

13-22 2. Three members to an initial term that expires on June 30, 2003.

13-23 Sec. 20. 1. This section and sections 1 to 12, inclusive, and 14 to 19,

13-24 inclusive, of this act become effective on July 1, 1999.

13-25 2. Section 12 of this act expires by limitation on June 30, 2001.

13-26 3. Section 13 of this act becomes effective at 12:02 a.m. on July 1,

13-27 2001.