Assembly Bill No. 158–Assemblymen Dini, Perkins, Evans, Anderson, Thomas, Parks, Bache, Segerblom, Neighbors, de Braga, Manendo, Carpenter, Koivisto, Williams, Chowning, Giunchigliani, Gibbons, Leslie, Nolan and Buckley
February 8, 1999
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes in statutory procedures for protection and placement of children. (BDR 11-475)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 127 of NRS is hereby amended by adding thereto a1-2
new section to read as follows:1-3
A child-placing agency shall, to the extent practicable, give preference1-4
to the placement of a child for adoption or permanent free care together1-5
with his siblings.2-1
Sec. 2. NRS 127.150 is hereby amended to read as follows: 127.150 1. If the court finds that the best interests of the child2-3
warrant the granting of the petition, an order or decree of adoption must be2-4
made and filed, ordering that henceforth the child is the child of the2-5
petitioners. When determining whether the best interests of the child2-6
warrant the granting of a petition that is filed by a foster parent, the2-7
court shall give strong consideration to the emotional bond between the2-8
child and the foster parent. A copy of the order or decree must be sent to2-9
the nearest office of the division by the petitioners within 7 days after the2-10
order or decree is issued. In the decree the court may change the name of2-11
the child, if desired. No order or decree of adoption may be made until after2-12
the child has lived for 6 months in the home of the petitioners.2-13
2. If the court is not satisfied that the proposed adoption is in the best2-14
interests of the child, the court shall deny the petition and may order the2-15
child returned to the custody of the person or agency legally vested with2-16
custody.2-17
3. After a petition for adoption has been granted, there is a2-18
presumption that remaining in the home of the adopting parent is in the2-19
child’s best interest.2-20
Sec. 3. NRS 127.220 is hereby amended to read as follows: 127.220 As used in NRS2-22
section 1 of this act, unless the context otherwise requires:2-23
1. "Arrange the placement of a child" means to make preparations for2-24
or bring about any agreement or understanding concerning the adoption of2-25
a child.2-26
2. "Child-placing agency" means the division or a nonprofit2-27
corporation organized pursuant to chapter 82 of NRS, and licensed by the2-28
division to place children for adoption or permanent free care.2-29
3. "Person" includes a hospital.2-30
4. "Recommend the placement of a child" means to suggest to a2-31
licensed child-placing agency that a prospective adoptive parent be allowed2-32
to adopt a specific child, born or in utero.2-33
Sec. 4. Chapter 128 of NRS is hereby amended by adding thereto a2-34
new section to read as follows:2-35
Except as otherwise required by specific statute, the court shall use its2-36
best efforts to ensure that proceedings conducted pursuant to this chapter2-37
are completed within 6 months after the petition is filed.2-38
Sec. 5. NRS 128.100 is hereby amended to read as follows: 128.100 1. In any proceeding for terminating parental rights, or any2-40
rehearing or appeal thereon, the court may appoint an attorney to represent2-41
the child as his counsel and , if the child does not have a guardian ad2-42
litem appointed pursuant to NRS 432B.500, as his guardian ad litem.3-1
2. If the parent or parents of the child desire to be represented by3-2
counsel, but are indigent, the court may appoint an attorney for them.3-3
3. Each attorney appointed under the provisions of this section is3-4
entitled to the same compensation and expenses from the county as3-5
provided in NRS 7.125 and 7.135 for attorneys appointed to represent3-6
persons charged with crimes.3-7
Sec. 6. NRS 128.105 is hereby amended to read as follows: 128.105 The primary consideration in any proceeding to terminate3-9
parental rights must be whether the best interests of the child will be served3-10
by the termination. An order of the court for the termination of parental3-11
rights must be made in light of the considerations set forth in this section3-12
and NRS 128.106 to 128.109, inclusive, and based on evidence and include3-13
a finding that:3-14
1. The best interests of the child would be served by the termination of3-15
parental rights; and3-16
2. The conduct of the parent or parents was the basis for a finding3-17
made pursuant to subsection 3 of section 18 of this act or demonstrated at3-18
least one of the following:3-19
(a) Abandonment of the child;3-20
(b) Neglect of the child;3-21
(c) Unfitness of the parent;3-22
(d) Failure of parental adjustment;3-23
(e) Risk of serious physical, mental or emotional injury to the child if he3-24
were returned to, or remains in, the home of his parent or parents;3-25
(f) Only token efforts by the parent or parents:3-26
(1) To support or communicate with the child;3-27
(2) To prevent neglect of the child;3-28
(3) To avoid being an unfit parent; or3-29
(4) To eliminate the risk of serious physical, mental or emotional3-30
injury to the child; or3-31
(g) With respect to termination of the parental rights of one parent, the3-32
abandonment by that parent.3-33
Sec. 7. NRS 128.109 is hereby amended to read as follows: 128.109 1. If a child has been placed outside of his home pursuant to3-35
chapter 432B of NRS, the following provisions must be applied3-36
3-37
(a) If the child has resided outside of his home pursuant to that3-38
placement for3-39
be presumed that the parent or parents have demonstrated only token3-40
efforts to care for the child as set forth in paragraph (f) of subsection 2 of3-41
NRS 128.105.3-42
(b) If the parent or parents fail to comply substantially with the terms3-43
and conditions of a plan to reunite the family within 6 months after the date4-1
on which the child was placed or the plan was commenced, whichever4-2
occurs later, that failure to comply is evidence of failure of parental4-3
adjustment as set forth in paragraph (d) of subsection 2 of NRS 128.105.4-4
2. If a child has been placed outside of his home pursuant to chapter4-5
432B of NRS and has resided outside of his home pursuant to that4-6
placement for4-7
interests of the child must be presumed to be served by the termination of4-8
parental rights.4-9
3. The presumptions specified in subsections 1 and 2 must not be4-10
overcome or otherwise affected by evidence of failure of the state to4-11
provide services to the family.4-12
Sec. 8. NRS 128.110 is hereby amended to read as follows: 128.110 1. Whenever the procedure described in this chapter has4-14
been followed, and upon finding grounds for the termination of parental4-15
rights pursuant to NRS 128.105 at a hearing upon the petition, the court4-16
shall make a written order, signed by the judge presiding in the court,4-17
judicially depriving the parent or parents of the custody and control of, and4-18
terminating the parental rights of the parent or parents with respect to the4-19
child, and declaring the child to be free from such custody or control, and4-20
placing the custody and control of the child in some person or agency4-21
qualified by the laws of this state to provide services and care to children,4-22
or to receive any children for placement.4-23
2. If the child is placed in the custody and control of a person or4-24
agency qualified by the laws of this state to receive children for placement,4-25
the person or agency ,4-26
(a) May give preference to the placement of the child with any person4-27
related within the third degree of consanguinity to the child whom the4-28
person or agency finds suitable and able to provide proper care and4-29
guidance for the child, regardless of whether the relative resides within this4-30
state.4-31
(b) Shall, if practicable, give preference to the placement of the child4-32
together with his siblings.4-33
Any search for a relative with whom to place a child pursuant to this4-34
subsection must be completed within 1 year after the initial placement of4-35
the child outside of his home.4-36
Sec. 9. Chapter 432 of NRS is hereby amended by adding thereto a4-37
new section to read as follows:4-38
As soon as practicable after the division receives an application by a4-39
person to receive the placement of a child, the division shall notify the4-40
person in writing as to whether the person will be considered for4-41
approval as an adoptive parent or as a provider of foster care.5-1
Sec. 10. NRS 432.032 is hereby amended to read as follows: 432.032 The division shall adopt regulations for the administration of5-3
NRS 432.010 to 432.085, inclusive, and section 9 of this act, which are5-4
binding upon all recipients and local units.5-5
Sec. 11. NRS 432.100 is hereby amended to read as follows: 432.100 1. There is hereby established a statewide central registry5-7
for the collection of information concerning the abuse or neglect of a child.5-8
This central registry must be maintained by and in the central office of the5-9
division.5-10
2. The central registry must contain:5-11
(a) The information in any report of child abuse or neglect made5-12
pursuant to NRS 432B.220, and the results, if any, of the investigation of5-13
the report;5-14
(b) Statistical information on the protective services provided in this5-15
state; and5-16
(c) Any other information which the division determines to be in5-17
furtherance of NRS 432.100 to 432.130, inclusive, and 432B.010 to5-18
432B.400, inclusive5-19
3. The division may designate a county hospital in each county whose5-20
population is 100,000 or more as a regional registry for the collection of5-21
information concerning the abuse or neglect of a child.5-22
Sec. 12. Chapter 432B of NRS is hereby amended by adding thereto5-23
the provisions set forth as sections 13 to 18, inclusive, of this act.5-24
Sec. 13. 1. The rural advisory board to expedite proceedings for5-25
the placement of children, consisting of two members from each local5-26
advisory board created by a district court pursuant to section 14 of this5-27
act, is hereby created within the division of child and family services.5-28
2. After the initial terms, the members of the rural advisory board5-29
serve terms of 4 years. Any member of the rural advisory board may be5-30
reappointed. If a vacancy occurs during the term of a member, the5-31
district court that created the local advisory board from which the5-32
member was appointed shall appoint a person to replace that member for5-33
the remainder of the unexpired term.5-34
3. Members of the rural advisory board serve without compensation,5-35
except that necessary travel and per diem expenses may be reimbursed,5-36
not to exceed the amounts provided for state officers and employees5-37
generally, to the extent that money is made available for that purpose.5-38
4. The division of child and family services shall provide the rural5-39
advisory board with administrative support and shall provide any5-40
information requested by the rural advisory board to the rural advisory5-41
board within 10 working days after receiving the request for information.5-42
5. The rural advisory board shall:6-1
(a) At its first meeting and annually thereafter, elect a chairman from6-2
among its members.6-3
(b) Meet at least four times annually and may meet at other times6-4
upon the call of the chairman.6-5
(c) Review the findings of each local advisory board created pursuant6-6
to section 14 of this act.6-7
(d) Prepare and make available to the public an annual report6-8
including, without limitation, a summary of the activities of the rural6-9
advisory board.6-10
Sec. 14. 1. The district court in each judicial district that includes6-11
a county whose population is less than 100,000 may create a local6-12
advisory board to expedite proceedings for the placement of children at6-13
the request of one or more residents of that judicial district. A resident6-14
may make such a request by petitioning the court and setting forth the6-15
reasons that the creation of a local advisory board is advisable.6-16
2. The district court shall appoint to any local advisory board it6-17
creates pursuant to this section:6-18
(a) One member who is representative of foster parents;6-19
(b) One member who is representative of attorneys in public or private6-20
practice;6-21
(c) One member who is employed by the division of child and family6-22
services;6-23
(d) One member who is either employed by the public school system6-24
and works with children on a regular basis, or works in the field of6-25
mental health and works with children on a regular basis; and6-26
(e) One member who is a resident of the judicial district in which the6-27
local advisory board is created.6-28
3. The district court shall provide for initial terms of each member of6-29
the local advisory board so that the terms are staggered. After the initial6-30
terms, the members of the local advisory board shall serve terms of 46-31
years. Any member of the local advisory board may be reappointed. If a6-32
vacancy occurs during the term of a member, the district court shall6-33
appoint a person similarly qualified to replace that member for the6-34
remainder of the unexpired term. The district court may remove a6-35
member from the local advisory board if the member neglects his duty or6-36
commits malfeasance in office.6-37
4. The district court shall appoint two members of the local advisory6-38
board to serve on the rural advisory board created pursuant to section 136-39
of this act.6-40
5. Members of a local advisory board serve without compensation,6-41
and necessary travel and per diem expenses may not be reimbursed.6-42
6. The division of child and family services shall provide each local6-43
advisory board with administrative support and shall provide any7-1
information requested by a local advisory board to the local advisory7-2
board within 10 working days after receiving the request for information.7-3
7. Each local advisory board shall:7-4
(a) At its first meeting and annually thereafter, elect a chairman from7-5
among its members.7-6
(b) Review each case referred to it pursuant to section 15 of this act,7-7
and provide the referring court and the office of the attorney general7-8
with any recommendations to expedite the completion of the case.7-9
(c) Twice each year, provide a report of its activities and any7-10
recommendations to expedite the completion of cases to the district court,7-11
the division of child and family services and the legislature, or the7-12
legislative commission when the legislature is not in regular session.7-13
8. A local advisory board may review other cases as deemed7-14
appropriate by the district court.7-15
Sec. 15. If the court has not approved the permanent placement of a7-16
child within 12 months after the initial removal of the child from his7-17
home, it shall refer the case to the local advisory board created pursuant7-18
to section 14 of this act, if such a local advisory board was created for7-19
that judicial district, to obtain recommendations from the local advisory7-20
board to expedite the completion of the case.7-21
Sec. 16. 1. To qualify for appointment as a guardian ad litem7-22
pursuant to NRS 432B.500 in a judicial district that includes a county7-23
whose population is less than 100,000, a special advocate must be a7-24
volunteer from the community who completes an initial 12 hours of7-25
specialized training and, annually thereafter, completes 6 hours of7-26
specialized training. The training must be approved by the court and7-27
include information regarding:7-28
(a) The dynamics of the abuse and neglect of children;7-29
(b) Factors to consider in determining the best interests of a child,7-30
including planning for the permanent placement of the child;7-31
(c) The interrelationships between the family system, legal process7-32
and system of child welfare;7-33
(d) Skills in mediation and negotiation;7-34
(e) Federal, state and local laws affecting children;7-35
(f) Cultural, ethnic and gender-specific issues;7-36
(g) Domestic violence;7-37
(h) Resources and services available in the community for children in7-38
need of protection;7-39
(i) Child development;7-40
(j) Standards for guardians ad litem;7-41
(k) Confidentiality issues; and7-42
(l) Such other topics as the court deems appropriate.8-1
2. To qualify for appointment as a guardian ad litem pursuant to8-2
NRS 432B.500 in a judicial district that does not include a county whose8-3
population is less than 100,000, a special advocate must be qualified8-4
pursuant to the standards for training of the National Court Appointed8-5
Special Advocate Association or its successor. If such an association8-6
ceases to exist, the court shall determine the standards for training.8-7
Sec. 17. The division of child and family services shall:8-8
1. Establish a panel comprised of volunteer members to evaluate the8-9
extent to which agencies which provide protective services are effectively8-10
discharging their responsibilities for the protection of children.8-11
2. Adopt regulations to carry out the provisions of subsection 18-12
which must include, without limitation, the imposition of appropriate8-13
restrictions on the disclosure of information obtained by the panel and8-14
civil sanctions for the violation of those restrictions.8-15
Sec. 18. 1. Except as otherwise provided in this section, an agency8-16
which provides protective services shall make reasonable efforts to8-17
preserve and reunify the family of a child to prevent or eliminate the8-18
need for his removal from his home and to make it possible for his safe8-19
return to his home.8-20
2. In determining the reasonable efforts required by subsection 1, the8-21
health and safety of the child must be the paramount concern. The8-22
agency which provides protective services may make reasonable efforts to8-23
place the child for adoption or with a legal guardian concurrently with8-24
making the reasonable efforts required pursuant to subsection 1. If the8-25
court or the agency which provides protective services determines that8-26
continuation of the reasonable efforts required by subsection 1 is8-27
inconsistent with the plan for the permanent placement of the child, the8-28
agency shall make reasonable efforts to place the child in a timely8-29
manner in accordance with that plan and to complete whatever actions8-30
are necessary to finalize the permanent placement of the child.8-31
3. An agency which provides protective services is not required to8-32
make the reasonable efforts required by subsection 1 if the court finds8-33
that:8-34
(a) A parent or other primary caretaker of the child has:8-35
(1) Committed, aided or abetted in the commission of, or attempted,8-36
conspired or solicited to commit murder or voluntary manslaughter;8-37
(2) Caused the abuse or neglect of the child, or of another child of8-38
the parent or primary caretaker, which resulted in substantial bodily8-39
harm to the abused or neglected child;8-40
(3) Caused the abuse or neglect of the child, a sibling of the child or8-41
another child in the household, and the abuse or neglect was so extreme8-42
or repetitious as to indicate that any plan to return the child to his home9-1
would result in an unacceptable risk to the health or welfare of the child;9-2
or9-3
(4) Abandoned the child for 60 or more days, and the identity of the9-4
parent of the child is unknown and cannot be ascertained through9-5
reasonable efforts;9-6
(b) A parent of the child has, for the previous 6 months, had the9-7
ability to contact or communicate with the child and made no more than9-8
token efforts to do so;9-9
(c) The parental rights of a parent to a sibling of the child have been9-10
terminated by a court order upon any basis other than the execution of a9-11
voluntary relinquishment of those rights by a natural parent, and the9-12
court order is not currently being appealed;9-13
(d) The child or a sibling of the child was previously removed from his9-14
home, adjudicated to have been abused or neglected, returned to his9-15
home and subsequently removed from his home as a result of additional9-16
abuse or neglect; or9-17
(e) The child is less than 1 year of age, the father of the child is not9-18
married to the mother of the child and the father of the child:9-19
(1) Has failed within 30 days after learning of the birth of the child,9-20
to visit the child, to commence proceedings to establish his paternity of9-21
the child or to provide financial support for the child; or9-22
(2) Is entitled to seek custody of the child but fails to do so within 309-23
days after learning that the child was placed in foster care.9-24
Sec. 19. NRS 432B.280 is hereby amended to read as follows: 432B.280 1. Reports made pursuant to this chapter, as well as all9-26
records concerning these reports and investigations thereof, are9-27
confidential.9-28
2. Any person, law enforcement agency or public agency, institution or9-29
facility who willfully releases data or information concerning such reports9-30
and investigations, except:9-31
(a) Pursuant to a criminal prosecution relating to the abuse or neglect of9-32
a child;9-33
9-34
(b) As authorized pursuant to NRS 432B.290,9-35
is guilty of a misdemeanor.9-36
Sec. 20. NRS 432B.290 is hereby amended to read as follows: 432B.290 1. Except as otherwise provided in9-38
subsections 2, 5 and 6, data or information concerning reports and9-39
investigations thereof made pursuant to this chapter may be made available9-40
only to:9-41
(a) A physician who has before him a child who he reasonably believes9-42
may have been abused or neglected;10-1
(b) A person authorized to place a child in protective custody, if he has10-2
before him a child who he reasonably believes may have been abused or10-3
neglected and he requires the information to determine whether to place the10-4
child in protective custody;10-5
(c) An agency, including, without limitation, an agency in another10-6
jurisdiction, responsible for or authorized to undertake the care, treatment10-7
or supervision of:10-8
(1) The child; or10-9
(2) The person responsible for the welfare of the child;10-10
(d) A district attorney or other law enforcement officer who requires the10-11
information in connection with an investigation or prosecution of the abuse10-12
or neglect of a child;10-13
(e) A court, for in camera inspection only, unless the court determines10-14
that public disclosure of the information is necessary for the determination10-15
of an issue before it;10-16
(f) A person engaged in bona fide research or an audit, but information10-17
identifying the subjects of a report must not be made available to him;10-18
(g) The attorney and the guardian ad litem of the child;10-19
(h) A grand jury upon its determination that access to these records is10-20
necessary in the conduct of its official business;10-21
(i)10-22
10-23
A federal, state or local governmental entity, or an agency of such an10-24
entity, that needs access to the information to carry out its legal10-25
responsibilities to protect children from abuse and neglect;10-26
(j) A person10-27
agreement with an agency which provides protective services to provide10-28
assessments or services and that has been trained to make such assessments10-29
or provide such services;10-30
(k) A team organized pursuant to NRS 432B.350 for the protection of a10-31
child ;10-32
(l) A team organized pursuant to NRS 432B.405 to review the death of a10-33
child;10-34
(m) A parent or legal guardian of the child, if the identity of the person10-35
responsible for reporting the alleged abuse or neglect of the child to a10-36
public agency is kept confidential;10-37
(n) The10-38
10-39
who are the subject of a report;10-40
(o) An agency that is authorized by law to license foster homes or10-41
facilities for children or to investigate persons applying for approval to10-42
adopt a child, if the agency has before it an application for that license or is10-43
investigating an applicant to adopt a child;11-1
(p) Upon written consent of the parent, any officer of this state or a city11-2
or county thereof or legislator authorized by the agency or department11-3
having jurisdiction or by the legislature, acting within its jurisdiction, to11-4
investigate the activities or programs of an agency that provides protective11-5
services if:11-6
(1) The identity of the person making the report is kept confidential;11-7
and11-8
(2) The officer, legislator or a member of his family is not the person11-9
alleged to have committed the abuse or neglect;11-10
(q) The division of parole and probation of the department of motor11-11
vehicles and public safety for use pursuant to NRS 176.135 in making a11-12
presentence investigation and report to the district court;11-13
(r) Any person who is required pursuant to NRS 432B.220 to make a11-14
report to an agency which provides protective services or to a law11-15
enforcement agency11-16
(s) The rural advisory board to expedite proceedings for the placement11-17
of children created pursuant to section 13 of this act or a local advisory11-18
board to expedite proceedings for the placement of children created11-19
pursuant to section 14 of this act; or11-20
(t) The panel established pursuant to section 17 of this act to evaluate11-21
agencies which provide protective services.11-22
2. Except as otherwise provided in subsection 3, data or information11-23
concerning reports and investigations thereof made pursuant to this chapter11-24
may be made available to any member of the general public if the child11-25
who is the subject of11-26
alleged abuse or neglect, except that the data or information which may be11-27
disclosed is limited to:11-28
(a) The fact that a report of abuse or neglect has been made and, if11-29
appropriate, a factual description of the contents of the report;11-30
(b) Whether an investigation has been initiated pursuant to NRS11-31
432B.260, and the result of a completed investigation; and11-32
(c) Such other information as is authorized for disclosure by a court11-33
pursuant to subsection 4.11-34
3. An agency which provides protective services shall not disclose data11-35
or information pursuant to subsection 2 if the agency determines that the11-36
disclosure is not in the best interests of the child or if disclosure of the11-37
information would adversely affect any pending investigation concerning11-38
11-39
4. Upon petition, a court of competent jurisdiction may authorize the11-40
disclosure of additional information to the public pursuant to subsection 211-41
if good cause is shown by the petitioner for the disclosure of the additional11-42
information.12-1
5. An agency investigating a report of the abuse or neglect of a child12-2
shall, upon request, provide to a person named in the report as allegedly12-3
causing the abuse or neglect of the child:12-4
(a) A copy of:12-5
(1) Any statement made in writing to an investigator for the agency by12-6
the person named in the report as allegedly causing the abuse or neglect of12-7
the child; or12-8
(2) Any recording made by the agency of any statement made orally12-9
to an investigator for the agency by the person named in the report as12-10
allegedly causing the abuse or neglect of the child; or12-11
(b) A written summary of the allegations made against the person who is12-12
named in the report as allegedly causing the abuse or neglect of the child.12-13
The summary must not identify the person responsible for reporting the12-14
alleged abuse or neglect.12-15
6. An agency which provides protective services shall disclose the12-16
identity of a person who makes a report or otherwise initiates an12-17
investigation pursuant to this chapter if a court, after reviewing the12-18
record in camera and determining that there is reason to believe that the12-19
person knowingly made a false report, orders the disclosure.12-20
7. Any person, except for:12-21
(a) The subject of a report;12-22
(b) A district attorney or other law enforcement officer initiating legal12-23
proceedings; or12-24
(c) An employee of the division of parole and probation of the12-25
department of motor vehicles and public safety making a presentence12-26
investigation and report to the district court pursuant to NRS 176.135,12-27
who is given access, pursuant to subsection 1 or 2, to information12-28
identifying the subjects of a report who makes this information public is12-29
guilty of a misdemeanor.12-30
12-31
to carry out the provisions of this section.12-32
Sec. 21. NRS 432B.290 is hereby amended to read as follows: 432B.290 1. Except as otherwise provided in12-34
subsections 2 and 3, data or information concerning reports and12-35
investigations thereof made pursuant to this chapter may be made available12-36
only to:12-37
(a) A physician who has before him a child who he reasonably believes12-38
may have been abused or neglected;12-39
(b) A person authorized to place a child in protective custody, if he has12-40
before him a child who he reasonably believes may have been abused or12-41
neglected and he requires the information to determine whether to place the12-42
child in protective custody;13-1
(c) An agency, including, without limitation, an agency in another13-2
jurisdiction, responsible for or authorized to undertake the care, treatment13-3
or supervision of:13-4
(1) The child; or13-5
(2) The person responsible for the welfare of the child;13-6
(d) A district attorney or other law enforcement officer who requires the13-7
information in connection with an investigation or prosecution of the abuse13-8
or neglect of a child;13-9
(e) A court, for in camera inspection only, unless the court determines13-10
that public disclosure of the information is necessary for the determination13-11
of an issue before it;13-12
(f) A person engaged in bona fide research or an audit, but information13-13
identifying the subjects of a report must not be made available to him;13-14
(g) The attorney and the guardian ad litem of the child;13-15
(h) A grand jury upon its determination that access to these records is13-16
necessary in the conduct of its official business;13-17
(i)13-18
13-19
A federal, state or local governmental entity, or an agency of such an13-20
entity, that needs access to the information to carry out its legal13-21
responsibilities to protect children from abuse and neglect;13-22
(j) A team organized pursuant to NRS 432B.350 for the protection of a13-23
child ;13-24
(k) A team organized pursuant to NRS 432B.405 to review the death13-25
of a child;13-26
(l) A parent or legal guardian of the child, if the identity of the person13-27
responsible for reporting the alleged abuse or neglect of the child to a13-28
public agency is kept confidential;13-29
13-30
13-31
(m) The persons who are the subject of a report;13-32
(n) An agency that is authorized by law to license foster homes or13-33
facilities for children or to investigate persons applying for approval to13-34
adopt a child, if the agency has before it an application for that license or is13-35
investigating an applicant to adopt a child;13-36
13-37
city or county thereof or legislator authorized, by the agency or department13-38
having jurisdiction or by the legislature, acting within its jurisdiction, to13-39
investigate the activities or programs of an agency that provides protective13-40
services if:13-41
(1) The identity of the person making the report is kept confidential;13-42
and14-1
(2) The officer, legislator or a member of his family is not the person14-2
alleged to have committed the abuse or neglect;14-3
14-4
vehicles and public safety for use pursuant to NRS 176.135 in making a14-5
presentence investigation and report to the district court14-6
(q) The rural advisory board to expedite proceedings for the14-7
placement of children created pursuant to section 13 of this act or a local14-8
advisory board to expedite proceedings for the placement of children14-9
created pursuant to section 14 of this act; or14-10
(r) The panel established pursuant to section 17 of this act to evaluate14-11
agencies which provide protective services.14-12
2. An agency investigating a report of the abuse or neglect of a child14-13
shall, upon request, provide to a person named in the report as allegedly14-14
causing the abuse or neglect of the child:14-15
(a) A copy of:14-16
(1) Any statement made in writing to an investigator for the agency by14-17
the person named in the report as allegedly causing the abuse or neglect of14-18
the child; or14-19
(2) Any recording made by the agency of any statement made orally14-20
to an investigator for the agency by the person named in the report as14-21
allegedly causing the abuse or neglect of the child; or14-22
(b) A written summary of the allegations made against the person who is14-23
named in the report as allegedly causing the abuse or neglect of the child.14-24
The summary must not identify the person responsible for reporting the14-25
alleged abuse or neglect.14-26
3. An agency which provides protective services shall disclose the14-27
identity of a person who makes a report or otherwise initiates an14-28
investigation pursuant to this chapter if a court, after reviewing the14-29
record in camera and determining that there is reason to believe that the14-30
person knowingly made a false report, orders the disclosure.14-31
4. Any person, except for:14-32
(a) The subject of a report;14-33
(b) A district attorney or other law enforcement officer initiating legal14-34
proceedings; or14-35
(c) An employee of the division of parole and probation of the14-36
department of motor vehicles and public safety making a presentence14-37
investigation and report to the district court pursuant to NRS 176.135,14-38
who is given access, pursuant to subsection 1, to information identifying the14-39
subjects of a report who makes this information public is guilty of a14-40
misdemeanor.14-41
14-42
to carry out the provisions of this section.15-1
Sec. 22. NRS 432B.395 is hereby amended to read as follows: 432B.395 An agency which provides protective services shall submit15-3
annually to the division of child and family services for its approval a plan15-4
to ensure that the reasonable efforts required by subsection 1 of section 1815-5
of this act are made by that agency .15-6
15-7
15-8
Sec. 23. NRS 432B.420 is hereby amended to read as follows: 432B.420 1. A parent or other person responsible for the15-10
welfare of a child who is alleged to have abused or neglected15-11
may be represented by an attorney at all stages of any proceedings under15-12
NRS 432B.410 to 432B.590, inclusive15-13
act. Except as otherwise provided in subsection 2, if the person is indigent,15-14
the court may appoint an attorney to represent him. The court may, if it15-15
finds it appropriate, appoint an attorney to represent the child.15-16
2. If the court determines that the parent of an Indian child for whom15-17
protective custody is sought is indigent, the court:15-18
(a) Shall appoint an attorney to represent the parent;15-19
(b) May appoint an attorney to represent the Indian child; and15-20
(c) May apply to the Secretary of the Interior for the payment of the fees15-21
and expenses of such an attorney,15-22
as provided in the Indian Child Welfare Act.15-23
3. Each attorney, other than a public defender, if appointed under the15-24
provisions of subsection 1, is entitled to the same compensation and15-25
payment for expenses from the county as provided in NRS 7.125 and 7.13515-26
for an attorney appointed to represent a person charged with a crime.15-27
Except as otherwise provided in NRS 432B.500, an attorney appointed to15-28
represent a child may also be appointed as guardian ad litem for the child .15-29
15-30
15-31
his services as a guardian ad litem.15-32
Sec. 24. NRS 432B.457 is hereby amended to read as follows: 432B.457 1. If the court or a special master appointed pursuant to15-34
NRS 432B.455 finds that a person15-35
15-36
15-37
15-38
15-39
special master15-40
(a) Except for good cause, ensure that the person is involved in and15-41
notified of any plan for the temporary or permanent placement of the15-42
child and is allowed to offer recommendations regarding the plan; and16-1
(b) Allow the person to testify at any hearing held pursuant to this16-2
chapter to determine16-3
16-4
2. For the purposes of this section, a person "has a special interest in16-5
a child" if:16-6
(a) The person is:16-7
(1) A parent or other relative of the child;16-8
(2) A foster parent or other provider of substitute care for the child;16-9
(3) A provider of care for the medical or mental health of the child;16-10
or16-11
(4) A teacher or other school official who works directly with the16-12
child; and16-13
(b) The person:16-14
(1) Has a personal interest in the well-being of the child; or16-15
(2) Possesses information that is relevant to the determination of16-16
the placement of the child.16-17
Sec. 25. NRS 432B.500 is hereby amended to read as follows: 432B.500 1. After a petition is filed that a child is in need of16-19
protection pursuant to NRS 432B.490, the court shall appoint16-20
16-21
16-22
litem16-23
child. The person so appointed:16-24
(a) Must meet the requirements of section 16 of this act or, if such a16-25
person is not available, a representative of an agency which provides16-26
protective services, a juvenile probation officer, an officer of the court or16-27
another volunteer.16-28
(b) Must not be a parent or other person responsible for the child’s16-29
welfare .16-30
2. No compensation may be allowed a person serving as a guardian ad16-31
litem16-32
3. A guardian ad litem appointed pursuant to this section shall:16-33
(a) Represent and protect the best interests of the child until excused16-34
by the court;16-35
(b) Thoroughly research and ascertain the relevant facts of each case16-36
for which he is appointed, and ensure that the court receives an16-37
independent, objective account of those facts;16-38
(c) Meet with the child wherever the child is placed as often as is16-39
necessary to determine that the child is safe and to ascertain the best16-40
interests of the child;16-41
(d) Explain to the child the role of the guardian ad litem and, when16-42
appropriate, the nature and purpose of each proceeding in his case;17-1
(e) Participate in the development and negotiation of any plans for17-2
and orders regarding the child, and monitor the implementation of those17-3
plans and orders to determine whether services are being provided in an17-4
appropriate and timely manner;17-5
(f) Appear at all proceedings regarding the child;17-6
(g) Inform the court of the desires of the child, but exercise his17-7
independent judgment regarding the best interests of the child;17-8
(h) Present recommendations to the court and provide reasons in17-9
support of those recommendations;17-10
(i) Request the court to enter orders that are clear, specific and, when17-11
appropriate, include periods for compliance;17-12
(j) Review the progress of each case for which he is appointed, and17-13
advocate for the expedient completion of the case; and17-14
(k) Perform such other duties as the court orders.17-15
Sec. 26. NRS 432B.540 is hereby amended to read as follows: 432B.540 1. If the court finds that the allegations of the petition are17-17
true, it shall order that a report be made in writing by an agency which17-18
provides protective services, concerning the conditions in the child’s place17-19
of residence, the child’s record in school, the mental, physical and social17-20
background of his family, its financial situation and other matters relevant17-21
to the case.17-22
2. If the agency believes that it is necessary to remove the child from17-23
the physical custody of his parents, it must submit with the report a plan17-24
designed to achieve a placement of the child in a safe setting as near to the17-25
residence of his parent as is consistent with the best interests and special17-26
needs of the child. The plan must include:17-27
(a) A description of the type , safety and appropriateness of the home or17-28
institution in which the child could be placed, a plan for17-29
ensuring that he would receive safe and proper care and a description of17-30
his needs;17-31
(b) A description of the services to be provided to the child and to a17-32
parent to facilitate the return of the child to the custody of his parent or to17-33
17-34
(c) The appropriateness of the services to be provided under the plan;17-35
and17-36
(d) A description of how the order of the court will be carried out.17-37
3. If the child is not residing in his home, the agency shall include as a17-38
part of the plan for the permanent placement of the child, established17-39
pursuant to NRS 432B.590, a recommendation to terminate parental rights17-40
unless it determines that initiating a petition for the termination of parental17-41
rights is not in the best interests of the child. If the agency conclusively17-42
determines that initiating a petition for the termination of parental rights is18-1
not in the best interests of the child, it shall include a full explanation of the18-2
basis for the determination as part of the plan.18-3
Sec. 27. NRS 432B.550 is hereby amended to read as follows: 432B.550 1. If the court finds that18-5
protection, it shall determine whether18-6
agency which provides protective services18-7
18-8
made the reasonable efforts required by subsection 1 of section 18 of this18-9
act. The court may, by its order, after receipt and review of the report from18-10
the agency which provides protective services:18-11
(a) Permit the child to remain in the temporary or permanent custody of18-12
his parents or a guardian with or without supervision by the court or a18-13
person or agency designated by the court, and with or without retaining18-14
jurisdiction of the case, upon such conditions as the court may prescribe;18-15
(b) Place him in the temporary or permanent custody of a relative or18-16
other person who the court finds suitable to receive and care for him with18-17
or without supervision, and with or without retaining jurisdiction of the18-18
case, upon such conditions as the court may prescribe;18-19
(c) Place him in the temporary custody of a public agency or institution18-20
authorized to care for children, the local juvenile probation department, the18-21
local department of juvenile services or a private agency or institution18-22
licensed by the department of human resources to care for such a child; or18-23
(d) Commit him to the custody of the superintendent of the northern18-24
Nevada children’s home or the superintendent of the southern Nevada18-25
children’s home, in accordance with chapter 423 of NRS.18-26
In carrying out this subsection, the court may, in its sole discretion,18-27
consider an application pursuant to chapter 159 of NRS for the18-28
guardianship of the child. If the court grants such an application, it may18-29
retain jurisdiction of the case or transfer the case to another court of18-30
competent jurisdiction.18-31
2. If, pursuant to subsection 1, a child is placed other than with a parent18-32
18-33
(a) The parent retains the right to consent to adoption, to determine the18-34
child’s religious affiliation and to reasonable visitation, unless restricted by18-35
the court. If the custodian of the child interferes with these rights, the parent18-36
may petition the court for enforcement of his rights.18-37
(b) The court shall set forth good cause why the child was placed18-38
other than with a parent.18-39
3. If, pursuant to subsection 1, the child is to be placed with a relative,18-40
the court may consider, among other factors, whether the child has resided18-41
with a particular relative for 3 years or more before the incident which18-42
brought the child to the court’s attention.19-1
4. A copy of the report prepared for the court by the agency which19-2
provides protective services must be sent to the custodian and the parent or19-3
legal guardian.19-4
5. In determining the placement of a child pursuant to this section, if19-5
the child is not permitted to remain in the custody of his parents or19-6
guardian, preference must be given to placing the child:19-7
(a) With any person related within the third degree of consanguinity to19-8
the child who is suitable and able to provide proper care and guidance for19-9
the child, regardless of whether the relative resides within this state.19-10
(b) If practicable, together with his siblings.19-11
Any search for a relative with whom to place a child pursuant to this19-12
section must be completed within 1 year after the initial placement of the19-13
child outside of his home. If a child is placed with any person who resides19-14
outside of this state, the placement must be in accordance with NRS19-15
127.330.19-16
Sec. 28. NRS 432B.580 is hereby amended to read as follows: 432B.580 1. Except as otherwise provided in this section, if a child is19-18
placed pursuant to NRS 432B.550 other than with a parent, the placement19-19
must be reviewed by the court at least semiannually. Unless the parent,19-20
guardian or the custodian objects to the referral, the court may enter an19-21
order directing that the placement be reviewed by a panel appointed19-22
pursuant to NRS 432B.585.19-23
2. An agency acting as the custodian of the child shall, before any19-24
hearing for review of the placement of a child, submit a report to the court,19-25
or to the panel if it has been designated to review the matter, which19-26
includes an evaluation of the progress of the child and his family and any19-27
recommendations for further supervision, treatment or rehabilitation. A19-28
copy of the report must be given to the parents, the guardian ad litem and19-29
the attorney, if any, representing the parent or the child.19-30
3. The court or the panel shall hold a hearing to review the placement,19-31
unless the parent, guardian or19-32
to dispense with the hearing. If the motion is granted, the court or panel19-33
may make its determination from any report, statement or other information19-34
submitted to it.19-35
4. Notice of the hearing must be given by registered or certified mail to19-36
19-37
(a) All the parties to any of the prior proceedings19-38
(b) Any persons planning to adopt the child, relatives of the child or19-39
providers of foster care who are currently providing care to the child,19-40
except a parent whose rights have been terminated pursuant to chapter 12819-41
of NRS or who has voluntarily relinquished the child for adoption pursuant19-42
to NRS 127.040.20-1
5. The court or panel may require the presence of the child at the20-2
hearing and shall provide to each person to whom notice was given20-3
pursuant to subsection 4 an opportunity to be heard at the hearing.20-4
6. The court or panel shall review:20-5
(a) The continuing necessity for and appropriateness of the placement;20-6
(b) The extent of compliance with the plan submitted pursuant to20-7
subsection 2 of NRS 432B.540;20-8
(c) Any progress which has been made in alleviating the problem which20-9
resulted in the placement of the child; and20-10
(d) The date the child may be returned to and safely maintained in his20-11
home or placed for adoption or under a legal guardianship.20-12
7. The provision of notice and an opportunity to be heard pursuant20-13
to this section does not cause any person planning to adopt the child, or20-14
any relative or provider of foster care to become a party to the hearing.20-15
Sec. 29. NRS 432B.590 is hereby amended to read as follows: 432B.590 1. Except as otherwise provided in NRS 432B.600, the20-17
court shall hold a hearing concerning the permanent placement of20-18
20-19
(a) Not later than20-20
of the child from his home and annually thereafter.20-21
(b) Within 30 days after making any of the findings set forth in20-22
subsection 3 of section 18 of this act.20-23
Notice of this hearing must be given by registered or certified mail to all20-24
20-25
20-26
20-27
persons to whom notice must be given pursuant to subsection 4 of NRS20-28
432B.580.20-29
2. The court may require the presence of the child at the hearing and20-30
shall provide to each person to whom notice was given pursuant to20-31
subsection 1 an opportunity to be heard at the hearing.20-32
3. At the hearing the court shall establish a plan for the permanent20-33
placement of the child and determine whether:20-34
(a) The child should be returned to his parents or other relatives;20-35
(b) The child’s placement in the foster home or other similar institution20-36
should be continued; or20-37
(c)20-38
to:20-39
(1) Terminate parental rights pursuant to chapter 128 of NRS so that20-40
the child can be placed for adoption; or20-41
(2) Establish a guardianship pursuant to chapter 159 of NRS .20-42
21-1
If the court determines that it is in the best interests of the child to21-2
terminate parental rights, the court shall use its best efforts to ensure that21-3
the procedures required by chapter 128 of NRS are completed within 621-4
months after the date the court makes that determination, including,21-5
without limitation, appointing a private attorney to expedite the21-6
completion of the procedures.21-7
4. If a child has been placed outside of his home and has resided21-8
outside of his home pursuant to that placement for21-9
21-10
presumed to be served by the termination of parental rights.21-11
5. This hearing may take the place of the hearing for review required21-12
by NRS 432B.580.21-13
6. The provision of notice and an opportunity to be heard pursuant21-14
to this section does not cause any person planning to adopt the child, or21-15
any relative or provider of foster care to become a party to the hearing.21-16
Sec. 30. Sections 1, 3, 5 and 6 of Senate Bill No. 232 of this session21-17
are hereby repealed.21-18
Sec. 31. 1. This section and sections 1 to 12, inclusive, 14 to 20,21-19
inclusive, and 22 to 30, inclusive, of this act become effective on July 1,21-20
1999.21-21
2. Section 13 of this act becomes effective upon the division of child21-22
and family services of the department of human resources being notified of21-23
the creation of three or more local advisory boards to expedite proceedings21-24
for the placement of children pursuant to section 14 of this act.21-25
3. Section 20 of this act expires by limitation on June 30, 2001.21-26
4. Section 21 of this act becomes effective at 12:02 a.m. on July 1,21-27
2001.
21-28
TEXT OF REPEALED SECTIONS
21-29
Sections 1, 3, 5 and 6 of Senate Bill No. 232 of this session:21-30
Section 1. Chapter 127 of NRS is hereby amended by adding21-31
thereto a new section to read as follows:21-32
A child-placing agency shall, to the extent practicable, give21-33
preference to the placement of a child for adoption or permanent21-34
free care together with his siblings.21-35
Sec. 3. NRS 127.220 is hereby amended to read as follows: 127.220 As used in NRS21-37
inclusive, and section 1 of this act, unless the context otherwise21-38
requires:22-1
1. "Arrange the placement of a child" means to make22-2
preparations for or bring about any agreement or understanding22-3
concerning the adoption of a child.22-4
2. "Child-placing agency" means the division or a nonprofit22-5
corporation organized pursuant to chapter 82 of NRS, and licensed22-6
by the division to place children for adoption or permanent free22-7
care.22-8
3. "Person" includes a hospital.22-9
4. "Recommend the placement of a child" means to suggest to a22-10
licensed child-placing agency that a prospective adoptive parent be22-11
allowed to adopt a specific child, born or in utero.22-12
Sec. 5. NRS 128.110 is hereby amended to read as follows: 128.110 1. Whenever the procedure described in this chapter22-14
has been followed, and upon finding grounds for the termination of22-15
parental rights pursuant to NRS 128.105 at a hearing upon the22-16
petition, the court shall make a written order, signed by the judge22-17
presiding in the court, judicially depriving the parent or parents of22-18
the custody and control of, and terminating the parental rights of the22-19
parent or parents with respect to the child, and declaring the child to22-20
be free from such custody or control, and placing the custody and22-21
control of the child in some person or agency qualified by the laws22-22
of this state to provide services and care to children, or to receive22-23
any children for placement.22-24
2. If the child is placed in the custody and control of a person22-25
or agency qualified by the laws of this state to receive children for22-26
placement, the person or agency ,22-27
child22-28
(a) May give preference to the placement of the child with any22-29
person related within the third degree of consanguinity to the child22-30
whom the person or agency finds suitable and able to provide22-31
proper care and guidance for the child, regardless of whether the22-32
relative resides within this state.22-33
(b) Shall, if practicable, give preference to the placement of the22-34
child together with his siblings.22-35
Sec. 6. NRS 432B.550 is hereby amended to read as follows: 432B.550 1. If the court finds that22-37
protection, it shall determine whether reasonable efforts were made22-38
by the agency which provides protective services to prevent or22-39
eliminate the need for his removal from his home and to facilitate22-40
his return to his home. The court may, by its order, after receipt and22-41
review of the report from the agency which provides protective22-42
services:23-1
(a) Permit the child to remain in the custody of his parents or23-2
guardian with or without supervision by the court or a person or23-3
agency designated by the court, upon such conditions as the court23-4
may prescribe;23-5
(b) Place him in the temporary or permanent custody of a23-6
relative who the court finds suitable to receive and care for him with23-7
or without supervision, upon such conditions as the court may23-8
prescribe;23-9
(c) Place him in the temporary custody of a public agency or23-10
institution authorized to care for children, the local juvenile23-11
probation department, the local department of juvenile services or a23-12
private agency or institution licensed by the department of human23-13
resources to care for such a child; or23-14
(d) Commit him to the custody of the superintendent of the23-15
northern Nevada children’s home or the superintendent of the23-16
southern Nevada children’s home, in accordance with chapter 42323-17
of NRS.23-18
2. If, pursuant to subsection 1, a child is placed other than with23-19
a parent, the parent retains the right to consent to adoption, to23-20
determine the child’s religious affiliation and to reasonable23-21
visitation, unless restricted by the court. If the custodian of the child23-22
interferes with these rights, the parent may petition the court for23-23
enforcement of his rights.23-24
3. If, pursuant to subsection 1, the child is to be placed with a23-25
relative, the court may consider, among other factors, whether the23-26
child has resided with a particular relative for 3 years or more23-27
before the incident which brought the child to the court’s attention.23-28
4. A copy of the report prepared for the court by the agency23-29
which provides protective services must be sent to the custodian23-30
and the parent or legal guardian.23-31
5. In determining the placement of a child pursuant to this23-32
section, if the child is not permitted to remain in the custody of his23-33
parents or guardian, preference must be given to placing the child:23-34
(a) With any person related within the third degree of23-35
consanguinity to the child who is suitable and able to provide23-36
proper care and guidance for the child, regardless of whether the23-37
relative resides within this state.23-38
(b) If practicable, together with his siblings.23-39
If a child is placed with any person who resides outside of this state,23-40
the placement must be in accordance with NRS 127.330.~