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 [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 children; requiring the notification of certain persons who apply to receive the placement of a child regarding the status of their application; creating a board to expedite and limiting the periods for certain procedures involved in proceedings for the placement of children; making various changes regarding the appointment and duties of a guardian ad litem for certain children in protective custody; making various changes in accordance with the Adoption and Safe Families Act of 1997 and the Child Abuse Prevention and Treatment Act of 1996; clarifying certain provisions regarding the authority of a court to determine the custody of a child; authorizing the involvement of various persons interested in certain proceedings for the placement of children; providing a preference for the placement of siblings together; and providing other matters properly relating thereto.

 

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 a

1-2 new section to read as follows:

1-3 A child-placing agency shall, to the extent practicable, give preference

1-4 to the placement of a child for adoption or permanent free care together

1-5 with his siblings.

2-1 Sec. 2. NRS 127.150 is hereby amended to read as follows:

2-2 127.150 1. If the court finds that the best interests of the child

2-3 warrant the granting of the petition, an order or decree of adoption must be

2-4 made and filed, ordering that henceforth the child is the child of the

2-5 petitioners. When determining whether the best interests of the child

2-6 warrant the granting of a petition that is filed by a foster parent, the

2-7 court shall give strong consideration to the emotional bond between the

2-8 child and the foster parent. A copy of the order or decree must be sent to

2-9 the nearest office of the division by the petitioners within 7 days after the

2-10 order or decree is issued. In the decree the court may change the name of

2-11 the child, if desired. No order or decree of adoption may be made until after

2-12 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 best

2-14 interests of the child, the court shall deny the petition and may order the

2-15 child returned to the custody of the person or agency legally vested with

2-16 custody.

2-17 3. After a petition for adoption has been granted, there is a

2-18 presumption that remaining in the home of the adopting parent is in the

2-19 child’s best interest.

2-20 Sec. 3. NRS 127.220 is hereby amended to read as follows:

2-21 127.220 As used in NRS [127.230] 127.220 to 127.310, inclusive, and

2-22 section 1 of this act, unless the context otherwise requires:

2-23 1. "Arrange the placement of a child" means to make preparations for

2-24 or bring about any agreement or understanding concerning the adoption of

2-25 a child.

2-26 2. "Child-placing agency" means the division or a nonprofit

2-27 corporation organized pursuant to chapter 82 of NRS, and licensed by the

2-28 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 a

2-31 licensed child-placing agency that a prospective adoptive parent be allowed

2-32 to adopt a specific child, born or in utero.

2-33 Sec. 4. Chapter 128 of NRS is hereby amended by adding thereto a

2-34 new section to read as follows:

2-35 Except as otherwise required by specific statute, the court shall use its

2-36 best efforts to ensure that proceedings conducted pursuant to this chapter

2-37 are completed within 6 months after the petition is filed.

2-38 Sec. 5. NRS 128.100 is hereby amended to read as follows:

2-39 128.100 1. In any proceeding for terminating parental rights, or any

2-40 rehearing or appeal thereon, the court may appoint an attorney to represent

2-41 the child as his counsel and , if the child does not have a guardian ad

2-42 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 by

3-2 counsel, but are indigent, the court may appoint an attorney for them.

3-3 3. Each attorney appointed under the provisions of this section is

3-4 entitled to the same compensation and expenses from the county as

3-5 provided in NRS 7.125 and 7.135 for attorneys appointed to represent

3-6 persons charged with crimes.

3-7 Sec. 6. NRS 128.105 is hereby amended to read as follows:

3-8 128.105 The primary consideration in any proceeding to terminate

3-9 parental rights must be whether the best interests of the child will be served

3-10 by the termination. An order of the court for the termination of parental

3-11 rights must be made in light of the considerations set forth in this section

3-12 and NRS 128.106 to 128.109, inclusive, and based on evidence and include

3-13 a finding that:

3-14 1. The best interests of the child would be served by the termination of

3-15 parental rights; and

3-16 2. The conduct of the parent or parents was the basis for a finding

3-17 made pursuant to subsection 3 of section 18 of this act or demonstrated at

3-18 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 he

3-24 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; or

3-29 (4) To eliminate the risk of serious physical, mental or emotional

3-30 injury to the child; or

3-31 (g) With respect to termination of the parental rights of one parent, the

3-32 abandonment by that parent.

3-33 Sec. 7. NRS 128.109 is hereby amended to read as follows:

3-34 128.109 1. If a child has been placed outside of his home pursuant to

3-35 chapter 432B of NRS, the following provisions must be applied [for the

3-36 purposes of determining] to determine the conduct of the parent:

3-37 (a) If the child has resided outside of his home pursuant to that

3-38 placement for [18] 14 months of any [24] 20 consecutive months, it must

3-39 be presumed that the parent or parents have demonstrated only token

3-40 efforts to care for the child as set forth in paragraph (f) of subsection 2 of

3-41 NRS 128.105.

3-42 (b) If the parent or parents fail to comply substantially with the terms

3-43 and conditions of a plan to reunite the family within 6 months after the date

4-1 on which the child was placed or the plan was commenced, whichever

4-2 occurs later, that failure to comply is evidence of failure of parental

4-3 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 chapter

4-5 432B of NRS and has resided outside of his home pursuant to that

4-6 placement for [18] 14 months of any [24] 20 consecutive months, the best

4-7 interests of the child must be presumed to be served by the termination of

4-8 parental rights.

4-9 3. The presumptions specified in subsections 1 and 2 must not be

4-10 overcome or otherwise affected by evidence of failure of the state to

4-11 provide services to the family.

4-12 Sec. 8. NRS 128.110 is hereby amended to read as follows:

4-13 128.110 1. Whenever the procedure described in this chapter has

4-14 been followed, and upon finding grounds for the termination of parental

4-15 rights pursuant to NRS 128.105 at a hearing upon the petition, the court

4-16 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, and

4-18 terminating the parental rights of the parent or parents with respect to the

4-19 child, and declaring the child to be free from such custody or control, and

4-20 placing the custody and control of the child in some person or agency

4-21 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 or

4-24 agency qualified by the laws of this state to receive children for placement,

4-25 the person or agency , [may,] in seeking to place the child [,] :

4-26 (a) May give preference to the placement of the child with any person

4-27 related within the third degree of consanguinity to the child whom the

4-28 person or agency finds suitable and able to provide proper care and

4-29 guidance for the child, regardless of whether the relative resides within this

4-30 state.

4-31 (b) Shall, if practicable, give preference to the placement of the child

4-32 together with his siblings.

4-33 Any search for a relative with whom to place a child pursuant to this

4-34 subsection must be completed within 1 year after the initial placement of

4-35 the child outside of his home.

4-36 Sec. 9. Chapter 432 of NRS is hereby amended by adding thereto a

4-37 new section to read as follows:

4-38 As soon as practicable after the division receives an application by a

4-39 person to receive the placement of a child, the division shall notify the

4-40 person in writing as to whether the person will be considered for

4-41 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:

5-2 432.032 The division shall adopt regulations for the administration of

5-3 NRS 432.010 to 432.085, inclusive, and section 9 of this act, which are

5-4 binding upon all recipients and local units.

5-5 Sec. 11. NRS 432.100 is hereby amended to read as follows:

5-6 432.100 1. There is hereby established a statewide central registry

5-7 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 the

5-9 division.

5-10 2. The central registry must contain:

5-11 (a) The information in any report of child abuse or neglect made

5-12 pursuant to NRS 432B.220, and the results, if any, of the investigation of

5-13 the report;

5-14 (b) Statistical information on the protective services provided in this

5-15 state; and

5-16 (c) Any other information which the division determines to be in

5-17 furtherance of NRS 432.100 to 432.130, inclusive, and 432B.010 to

5-18 432B.400, inclusive [.] , and sections 17 and 18 of this act.

5-19 3. The division may designate a county hospital in each county whose

5-20 population is 100,000 or more as a regional registry for the collection of

5-21 information concerning the abuse or neglect of a child.

5-22 Sec. 12. Chapter 432B of NRS is hereby amended by adding thereto

5-23 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 for

5-25 the placement of children, consisting of two members from each local

5-26 advisory board created by a district court pursuant to section 14 of this

5-27 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 board

5-29 serve terms of 4 years. Any member of the rural advisory board may be

5-30 reappointed. If a vacancy occurs during the term of a member, the

5-31 district court that created the local advisory board from which the

5-32 member was appointed shall appoint a person to replace that member for

5-33 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 employees

5-37 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 rural

5-39 advisory board with administrative support and shall provide any

5-40 information requested by the rural advisory board to the rural advisory

5-41 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 from

6-2 among its members.

6-3 (b) Meet at least four times annually and may meet at other times

6-4 upon the call of the chairman.

6-5 (c) Review the findings of each local advisory board created pursuant

6-6 to section 14 of this act.

6-7 (d) Prepare and make available to the public an annual report

6-8 including, without limitation, a summary of the activities of the rural

6-9 advisory board.

6-10 Sec. 14. 1. The district court in each judicial district that includes

6-11 a county whose population is less than 100,000 shall create a local

6-12 advisory board to expedite proceedings for the placement of children.

6-13 The district court shall appoint to the local advisory board:

6-14 (a) One member who is representative of foster parents;

6-15 (b) One member who is representative of attorneys in public or private

6-16 practice;

6-17 (c) One member who is employed by the division of child and family

6-18 services;

6-19 (d) One member who is either employed by the public school system

6-20 and works with children on a regular basis, or works in the field of

6-21 mental health and works with children on a regular basis; and

6-22 (e) One member who is a resident of the judicial district in which the

6-23 local advisory board is created.

6-24 2. The district court shall provide for initial terms of each member of

6-25 the local advisory board so that the terms are staggered. After the initial

6-26 terms, the members of the local advisory board shall serve terms of 4

6-27 years. Any member of the local advisory board may be reappointed. If a

6-28 vacancy occurs during the term of a member, the district court shall

6-29 appoint a person similarly qualified to replace that member for the

6-30 remainder of the unexpired term. The district court may remove a

6-31 member from the local advisory board if the member neglects his duty or

6-32 commits malfeasance in office.

6-33 3. The district court shall appoint two members of the local advisory

6-34 board to serve on the rural advisory board created pursuant to section 13

6-35 of this act.

6-36 4. Members of a local advisory board serve without compensation,

6-37 and necessary travel and per diem expenses may not be reimbursed.

6-38 5. The division of child and family services shall provide each local

6-39 advisory board with administrative support and shall provide any

6-40 information requested by a local advisory board to the local advisory

6-41 board within 10 working days after receiving the request for information.

6-42 6. Each local advisory board shall:

7-1 (a) At its first meeting and annually thereafter, elect a chairman from

7-2 among its members.

7-3 (b) Review each case referred to it pursuant to section 15 of this act,

7-4 and provide the referring court and the office of the attorney general

7-5 with any recommendations to expedite the completion of the case.

7-6 (c) Twice each year, provide a report of its activities and any

7-7 recommendations to expedite the completion of cases to the district court,

7-8 the division of child and family services and the legislature, or the

7-9 legislative commission when the legislature is not in regular session.

7-10 7. A local advisory board may review other cases as deemed

7-11 appropriate by the district court.

7-12 Sec. 15. If the court has not approved the permanent placement of a

7-13 child within 12 months after the initial removal of the child from his

7-14 home, it shall refer the case to the local advisory board created pursuant

7-15 to section 14 of this act, if such a local advisory board was created for

7-16 that judicial district, to obtain recommendations from the local advisory

7-17 board to expedite the completion of the case.

7-18 Sec. 16. 1. To qualify for appointment as a guardian ad litem

7-19 pursuant to NRS 432B.500 in a judicial district that includes a county

7-20 whose population is less than 100,000, a special advocate must be a

7-21 volunteer from the community who completes an initial 12 hours of

7-22 specialized training and, annually thereafter, completes 6 hours of

7-23 specialized training. The training must be approved by the court and

7-24 include information regarding:

7-25 (a) The dynamics of the abuse and neglect of children;

7-26 (b) Factors to consider in determining the best interests of a child,

7-27 including planning for the permanent placement of the child;

7-28 (c) The interrelationships between the family system, legal process

7-29 and system of child welfare;

7-30 (d) Skills in mediation and negotiation;

7-31 (e) Federal, state and local laws affecting children;

7-32 (f) Cultural, ethnic and gender-specific issues;

7-33 (g) Domestic violence;

7-34 (h) Resources and services available in the community for children in

7-35 need of protection;

7-36 (i) Child development;

7-37 (j) Standards for guardians ad litem;

7-38 (k) Confidentiality issues; and

7-39 (l) Such other topics as the court deems appropriate.

7-40 2. To qualify for appointment as a guardian ad litem pursuant to

7-41 NRS 432B.500 in a judicial district that does not include a county whose

7-42 population is less than 100,000, a special advocate must be qualified

7-43 pursuant to the standards for training of the National Court Appointed

8-1 Special Advocate Association or its successor. If such an association

8-2 ceases to exist, the court shall determine the standards for training.

8-3 Sec. 17. The division of child and family services shall:

8-4 1. Establish a panel comprised of volunteer members to evaluate the

8-5 extent to which agencies which provide protective services are effectively

8-6 discharging their responsibilities for the protection of children.

8-7 2. Adopt regulations to carry out the provisions of subsection 1

8-8 which must include, without limitation, the imposition of appropriate

8-9 restrictions on the disclosure of information obtained by the panel and

8-10 civil sanctions for the violation of those restrictions.

8-11 Sec. 18. 1. Except as otherwise provided in this section, an agency

8-12 which provides protective services shall make reasonable efforts to

8-13 preserve and reunify the family of a child to prevent or eliminate the

8-14 need for his removal from his home and to make it possible for his safe

8-15 return to his home.

8-16 2. In determining the reasonable efforts required by subsection 1, the

8-17 health and safety of the child must be the paramount concern. The

8-18 agency which provides protective services may make reasonable efforts to

8-19 place the child for adoption or with a legal guardian concurrently with

8-20 making the reasonable efforts required pursuant to subsection 1. If the

8-21 court determines that continuation of the reasonable efforts required by

8-22 subsection 1 is inconsistent with the plan for the permanent placement of

8-23 the child, the agency which provides protective services shall make

8-24 reasonable efforts to place the child in a timely manner in accordance

8-25 with that plan and to complete whatever actions are necessary to finalize

8-26 the permanent placement of the child.

8-27 3. An agency which provides protective services is not required to

8-28 make the reasonable efforts required by subsection 1 if the court finds

8-29 that:

8-30 (a) A parent or other primary caretaker of the child has:

8-31 (1) Committed, aided or abetted in the commission of, or attempted,

8-32 conspired or solicited to commit murder or voluntary manslaughter;

8-33 (2) Caused the abuse or neglect of the child, or of another child of

8-34 the parent or primary caretaker, which resulted in substantial bodily

8-35 harm to the abused or neglected child;

8-36 (3) Caused the abuse or neglect of the child, a sibling of the child or

8-37 another child in the household, and the abuse or neglect was so extreme

8-38 or repetitious as to indicate that any plan to return the child to his home

8-39 would result in an unacceptable risk to the health or welfare of the child;

8-40 or

8-41 (4) Abandoned the child for 60 or more days, and the identity of the

8-42 parent of the child is unknown and cannot be ascertained through

8-43 reasonable efforts;

9-1 (b) A parent of the child has, for the previous 6 months, had the

9-2 ability to contact or communicate with the child and made no more than

9-3 token efforts to do so;

9-4 (c) The parental rights of a parent to a sibling of the child have been

9-5 terminated by a court order upon any basis other than the execution of a

9-6 voluntary relinquishment of those rights by a natural parent, and the

9-7 court order is not currently being appealed;

9-8 (d) The child or a sibling of the child was previously removed from his

9-9 home, adjudicated to have been abused or neglected, returned to his

9-10 home and subsequently removed from his home as a result of additional

9-11 abuse or neglect; or

9-12 (e) The child is less than 1 year of age, the father of the child is not

9-13 married to the mother of the child and the father of the child:

9-14 (1) Has failed within 60 days after learning of the birth of the child,

9-15 to visit the child, to commence proceedings to establish his paternity of

9-16 the child or to provide financial support for the child; or

9-17 (2) Is entitled to seek custody of the child but fails to do so within 60

9-18 days after learning that the child was placed in foster care.

9-19 Sec. 19. NRS 432B.280 is hereby amended to read as follows:

9-20 432B.280 1. Reports made pursuant to this chapter, as well as all

9-21 records concerning these reports and investigations thereof, are

9-22 confidential.

9-23 2. Any person, law enforcement agency or public agency, institution or

9-24 facility who willfully releases data or information concerning such reports

9-25 and investigations, except:

9-26 (a) Pursuant to a criminal prosecution relating to the abuse or neglect of

9-27 a child; [and

9-28 (b) To persons or agencies enumerated in] or

9-29 (b) As authorized pursuant to NRS 432B.290,

9-30 is guilty of a misdemeanor.

9-31 Sec. 20. NRS 432B.290 is hereby amended to read as follows:

9-32 432B.290 1. Except as otherwise provided in [subsection 2 or 5,]

9-33 subsections 2, 5 and 6, data or information concerning reports and

9-34 investigations thereof made pursuant to this chapter may be made available

9-35 only to:

9-36 (a) A physician who has before him a child who he reasonably believes

9-37 may have been abused or neglected;

9-38 (b) A person authorized to place a child in protective custody, if he has

9-39 before him a child who he reasonably believes may have been abused or

9-40 neglected and he requires the information to determine whether to place the

9-41 child in protective custody;

10-1 (c) An agency, including, without limitation, an agency in another

10-2 jurisdiction, responsible for or authorized to undertake the care, treatment

10-3 or supervision of:

10-4 (1) The child; or

10-5 (2) The person responsible for the welfare of the child;

10-6 (d) A district attorney or other law enforcement officer who requires the

10-7 information in connection with an investigation or prosecution of the abuse

10-8 or neglect of a child;

10-9 (e) A court, for in camera inspection only, unless the court determines

10-10 that public disclosure of the information is necessary for the determination

10-11 of an issue before it;

10-12 (f) A person engaged in bona fide research or an audit, but information

10-13 identifying the subjects of a report must not be made available to him;

10-14 (g) The attorney and the guardian ad litem of the child;

10-15 (h) A grand jury upon its determination that access to these records is

10-16 necessary in the conduct of its official business;

10-17 (i) [An agency which provides protective services or which is authorized

10-18 to receive, investigate and evaluate reports of abuse or neglect of a child;]

10-19 A federal, state or local governmental entity, or an agency of such an

10-20 entity, that needs access to the information to carry out its legal

10-21 responsibilities to protect children from abuse and neglect;

10-22 (j) A person [who] or an organization that has entered into a written

10-23 agreement with an agency which provides protective services to provide

10-24 assessments or services and that has been trained to make such assessments

10-25 or provide such services;

10-26 (k) A team organized pursuant to NRS 432B.350 for the protection of a

10-27 child ; [pursuant to NRS 432B.350;]

10-28 (l) A team organized pursuant to NRS 432B.405 to review the death of a

10-29 child;

10-30 (m) A parent or legal guardian of the child, if the identity of the person

10-31 responsible for reporting the alleged abuse or neglect of the child to a

10-32 public agency is kept confidential;

10-33 (n) The [person named in the report as allegedly being abused or

10-34 neglected, if he is not a minor or otherwise legally incompetent;] persons

10-35 who are the subject of a report;

10-36 (o) An agency that is authorized by law to license foster homes or

10-37 facilities for children or to investigate persons applying for approval to

10-38 adopt a child, if the agency has before it an application for that license or is

10-39 investigating an applicant to adopt a child;

10-40 (p) Upon written consent of the parent, any officer of this state or a city

10-41 or county thereof or legislator authorized by the agency or department

10-42 having jurisdiction or by the legislature, acting within its jurisdiction, to

11-1 investigate the activities or programs of an agency that provides protective

11-2 services if:

11-3 (1) The identity of the person making the report is kept confidential;

11-4 and

11-5 (2) The officer, legislator or a member of his family is not the person

11-6 alleged to have committed the abuse or neglect;

11-7 (q) The division of parole and probation of the department of motor

11-8 vehicles and public safety for use pursuant to NRS 176.135 in making a

11-9 presentence investigation and report to the district court; [or]

11-10 (r) Any person who is required pursuant to NRS 432B.220 to make a

11-11 report to an agency which provides protective services or to a law

11-12 enforcement agency [.] ;

11-13 (s) The rural advisory board to expedite proceedings for the placement

11-14 of children created pursuant to section 13 of this act or a local advisory

11-15 board to expedite proceedings for the placement of children created

11-16 pursuant to section 14 of this act; or

11-17 (t) The panel established pursuant to section 17 of this act to evaluate

11-18 agencies which provide protective services.

11-19 2. Except as otherwise provided in subsection 3, data or information

11-20 concerning reports and investigations thereof made pursuant to this chapter

11-21 may be made available to any member of the general public if the child

11-22 who is the subject of [the] a report dies or is critically injured as a result of

11-23 alleged abuse or neglect, except that the data or information which may be

11-24 disclosed is limited to:

11-25 (a) The fact that a report of abuse or neglect has been made and, if

11-26 appropriate, a factual description of the contents of the report;

11-27 (b) Whether an investigation has been initiated pursuant to NRS

11-28 432B.260, and the result of a completed investigation; and

11-29 (c) Such other information as is authorized for disclosure by a court

11-30 pursuant to subsection 4.

11-31 3. An agency which provides protective services shall not disclose data

11-32 or information pursuant to subsection 2 if the agency determines that the

11-33 disclosure is not in the best interests of the child or if disclosure of the

11-34 information would adversely affect any pending investigation concerning

11-35 [the] a report.

11-36 4. Upon petition, a court of competent jurisdiction may authorize the

11-37 disclosure of additional information to the public pursuant to subsection 2

11-38 if good cause is shown by the petitioner for the disclosure of the additional

11-39 information.

11-40 5. An agency investigating a report of the abuse or neglect of a child

11-41 shall, upon request, provide to a person named in the report as allegedly

11-42 causing the abuse or neglect of the child:

11-43 (a) A copy of:

12-1 (1) Any statement made in writing to an investigator for the agency by

12-2 the person named in the report as allegedly causing the abuse or neglect of

12-3 the child; or

12-4 (2) Any recording made by the agency of any statement made orally

12-5 to an investigator for the agency by the person named in the report as

12-6 allegedly causing the abuse or neglect of the child; or

12-7 (b) A written summary of the allegations made against the person who is

12-8 named in the report as allegedly causing the abuse or neglect of the child.

12-9 The summary must not identify the person responsible for reporting the

12-10 alleged abuse or neglect.

12-11 6. An agency which provides protective services shall disclose the

12-12 identity of a person who makes a report or otherwise initiates an

12-13 investigation pursuant to this chapter if a court, after reviewing the

12-14 record in camera and determining that there is reason to believe that the

12-15 person knowingly made a false report, orders the disclosure.

12-16 7. Any person, except for:

12-17 (a) The subject of a report;

12-18 (b) A district attorney or other law enforcement officer initiating legal

12-19 proceedings; or

12-20 (c) An employee of the division of parole and probation of the

12-21 department of motor vehicles and public safety making a presentence

12-22 investigation and report to the district court pursuant to NRS 176.135,

12-23 who is given access, pursuant to subsection 1 or 2, to information

12-24 identifying the subjects of a report who makes this information public is

12-25 guilty of a misdemeanor.

12-26 [7.] 8. The division of child and family services shall adopt regulations

12-27 to carry out the provisions of this section.

12-28 Sec. 21. NRS 432B.290 is hereby amended to read as follows:

12-29 432B.290 1. Except as otherwise provided in [subsection 2,]

12-30 subsections 2 and 3, data or information concerning reports and

12-31 investigations thereof made pursuant to this chapter may be made available

12-32 only to:

12-33 (a) A physician who has before him a child who he reasonably believes

12-34 may have been abused or neglected;

12-35 (b) A person authorized to place a child in protective custody, if he has

12-36 before him a child who he reasonably believes may have been abused or

12-37 neglected and he requires the information to determine whether to place the

12-38 child in protective custody;

12-39 (c) An agency, including, without limitation, an agency in another

12-40 jurisdiction, responsible for or authorized to undertake the care, treatment

12-41 or supervision of:

12-42 (1) The child; or

12-43 (2) The person responsible for the welfare of the child;

13-1 (d) A district attorney or other law enforcement officer who requires the

13-2 information in connection with an investigation or prosecution of the abuse

13-3 or neglect of a child;

13-4 (e) A court, for in camera inspection only, unless the court determines

13-5 that public disclosure of the information is necessary for the determination

13-6 of an issue before it;

13-7 (f) A person engaged in bona fide research or an audit, but information

13-8 identifying the subjects of a report must not be made available to him;

13-9 (g) The attorney and the guardian ad litem of the child;

13-10 (h) A grand jury upon its determination that access to these records is

13-11 necessary in the conduct of its official business;

13-12 (i) [An agency which provides protective services or which is authorized

13-13 to receive, investigate and evaluate reports of abuse or neglect of a child;]

13-14 A federal, state or local governmental entity, or an agency of such an

13-15 entity, that needs access to the information to carry out its legal

13-16 responsibilities to protect children from abuse and neglect;

13-17 (j) A team organized pursuant to NRS 432B.350 for the protection of a

13-18 child ; [pursuant to NRS 432B.350;]

13-19 (k) A team organized pursuant to NRS 432B.405 to review the death

13-20 of a child;

13-21 (l) A parent or legal guardian of the child, if the identity of the person

13-22 responsible for reporting the alleged abuse or neglect of the child to a

13-23 public agency is kept confidential;

13-24 [(l) The person named in the report as allegedly being abused or

13-25 neglected, if he is not a minor or otherwise legally incompetent;]

13-26 (m) The persons who are the subject of a report;

13-27 (n) An agency that is authorized by law to license foster homes or

13-28 facilities for children or to investigate persons applying for approval to

13-29 adopt a child, if the agency has before it an application for that license or is

13-30 investigating an applicant to adopt a child;

13-31 [(n)] (o) Upon written consent of the parent, any officer of this state or a

13-32 city or county thereof or legislator authorized, by the agency or department

13-33 having jurisdiction or by the legislature, acting within its jurisdiction, to

13-34 investigate the activities or programs of an agency that provides protective

13-35 services if:

13-36 (1) The identity of the person making the report is kept confidential;

13-37 and

13-38 (2) The officer, legislator or a member of his family is not the person

13-39 alleged to have committed the abuse or neglect; [or

13-40 (o)] (p) The division of parole and probation of the department of motor

13-41 vehicles and public safety for use pursuant to NRS 176.135 in making a

13-42 presentence investigation and report to the district court [.] ;

14-1 (q) The rural advisory board to expedite proceedings for the

14-2 placement of children created pursuant to section 13 of this act or a local

14-3 advisory board to expedite proceedings for the placement of children

14-4 created pursuant to section 14 of this act; or

14-5 (r) The panel established pursuant to section 17 of this act to evaluate

14-6 agencies which provide protective services.

14-7 2. An agency investigating a report of the abuse or neglect of a child

14-8 shall, upon request, provide to a person named in the report as allegedly

14-9 causing the abuse or neglect of the child:

14-10 (a) A copy of:

14-11 (1) Any statement made in writing to an investigator for the agency by

14-12 the person named in the report as allegedly causing the abuse or neglect of

14-13 the child; or

14-14 (2) Any recording made by the agency of any statement made orally

14-15 to an investigator for the agency by the person named in the report as

14-16 allegedly causing the abuse or neglect of the child; or

14-17 (b) A written summary of the allegations made against the person who is

14-18 named in the report as allegedly causing the abuse or neglect of the child.

14-19 The summary must not identify the person responsible for reporting the

14-20 alleged abuse or neglect.

14-21 3. An agency which provides protective services shall disclose the

14-22 identity of a person who makes a report or otherwise initiates an

14-23 investigation pursuant to this chapter if a court, after reviewing the

14-24 record in camera and determining that there is reason to believe that the

14-25 person knowingly made a false report, orders the disclosure.

14-26 4. Any person, except for:

14-27 (a) The subject of a report;

14-28 (b) A district attorney or other law enforcement officer initiating legal

14-29 proceedings; or

14-30 (c) An employee of the division of parole and probation of the

14-31 department of motor vehicles and public safety making a presentence

14-32 investigation and report to the district court pursuant to NRS 176.135,

14-33 who is given access, pursuant to subsection 1, to information identifying the

14-34 subjects of a report who makes this information public is guilty of a

14-35 misdemeanor.

14-36 [4.] 5. The division of child and family services shall adopt regulations

14-37 to carry out the provisions of this section.

14-38 Sec. 22. NRS 432B.395 is hereby amended to read as follows:

14-39 432B.395 An agency which provides protective services shall submit

14-40 annually to the division of child and family services for its approval a plan

14-41 to ensure that the reasonable efforts required by subsection 1 of section 18

14-42 of this act are made by that agency . [to prevent or eliminate removal of a

15-1 child from his home and, when removal is necessary, to facilitate the return

15-2 of the child to his home.]

15-3 Sec. 23. NRS 432B.420 is hereby amended to read as follows:

15-4 432B.420 1. A parent or other person responsible for the [child’s]

15-5 welfare of a child who is alleged to have abused or neglected [a] the child

15-6 may be represented by an attorney at all stages of any proceedings under

15-7 NRS 432B.410 to 432B.590, inclusive [.] , and sections 15 and 16 of this

15-8 act. Except as otherwise provided in subsection 2, if the person is indigent,

15-9 the court may appoint an attorney to represent him. The court may, if it

15-10 finds it appropriate, appoint an attorney to represent the child.

15-11 2. If the court determines that the parent of an Indian child for whom

15-12 protective custody is sought is indigent, the court:

15-13 (a) Shall appoint an attorney to represent the parent;

15-14 (b) May appoint an attorney to represent the Indian child; and

15-15 (c) May apply to the Secretary of the Interior for the payment of the fees

15-16 and expenses of such an attorney,

15-17 as provided in the Indian Child Welfare Act.

15-18 3. Each attorney, other than a public defender, if appointed under the

15-19 provisions of subsection 1, is entitled to the same compensation and

15-20 payment for expenses from the county as provided in NRS 7.125 and 7.135

15-21 for an attorney appointed to represent a person charged with a crime. [An]

15-22 Except as otherwise provided in NRS 432B.500, an attorney appointed to

15-23 represent a child may also be appointed as guardian ad litem for the child .

15-24 [pursuant to NRS 432B.500, unless the attorney requests the appointment

15-25 of a separate guardian ad litem.] He may not receive any compensation for

15-26 his services as a guardian ad litem.

15-27 Sec. 24. NRS 432B.457 is hereby amended to read as follows:

15-28 432B.457 1. If the court or a special master appointed pursuant to

15-29 NRS 432B.455 finds that a person [, including, but not limited to, a parent

15-30 or other relative, teacher, friend or neighbor of a child:

15-31 1. Has a personal interest in the well-being of the child; or

15-32 2. Possesses information that is relevant to the determination of who

15-33 should take custody of the] has a special interest in a child, the court or the

15-34 special master [may allow] shall:

15-35 (a) Except for good cause, ensure that the person is involved in and

15-36 notified of any plan for the temporary or permanent placement of the

15-37 child and is allowed to offer recommendations regarding the plan; and

15-38 (b) Allow the person to testify at any hearing held pursuant to this

15-39 chapter to determine [the person most qualified and suitable to take

15-40 custody] any temporary or permanent placement of the child.

15-41 2. For the purposes of this section, a person "has a special interest in

15-42 a child" if:

15-43 (a) The person is:

16-1 (1) A parent or other relative of the child;

16-2 (2) A foster parent or other provider of substitute care for the child;

16-3 (3) A provider of care for the medical or mental health of the child;

16-4 or

16-5 (4) A teacher or other school official who works directly with the

16-6 child; and

16-7 (b) The person:

16-8 (1) Has a personal interest in the well-being of the child; or

16-9 (2) Possesses information that is relevant to the determination of

16-10 the placement of the child.

16-11 Sec. 25. NRS 432B.500 is hereby amended to read as follows:

16-12 432B.500 1. After a petition is filed that a child is in need of

16-13 protection pursuant to NRS 432B.490, the court shall appoint [a

16-14 representative of an agency which provides protective services, a juvenile

16-15 probation officer, an officer of the court or a volunteer as] a guardian ad

16-16 litem [to represent and protect the best interests of the child. A] for the

16-17 child. The person so appointed:

16-18 (a) Must meet the requirements of section 16 of this act or, if such a

16-19 person is not available, a representative of an agency which provides

16-20 protective services, a juvenile probation officer, an officer of the court or

16-21 another volunteer.

16-22 (b) Must not be a parent or other person responsible for the child’s

16-23 welfare . [may not be so appointed.]

16-24 2. No compensation may be allowed a person serving as a guardian ad

16-25 litem [.] pursuant to this section.

16-26 3. A guardian ad litem appointed pursuant to this section shall:

16-27 (a) Represent and protect the best interests of the child until excused

16-28 by the court;

16-29 (b) Thoroughly research and ascertain the relevant facts of each case

16-30 for which he is appointed, and ensure that the court receives an

16-31 independent, objective account of those facts;

16-32 (c) Meet with the child wherever the child is placed as often as is

16-33 necessary to determine that the child is safe and to ascertain the best

16-34 interests of the child;

16-35 (d) Explain to the child the role of the guardian ad litem and, when

16-36 appropriate, the nature and purpose of each proceeding in his case;

16-37 (e) Participate in the development and negotiation of any plans for

16-38 and orders regarding the child, and monitor the implementation of those

16-39 plans and orders to determine whether services are being provided in an

16-40 appropriate and timely manner;

16-41 (f) Appear at all proceedings regarding the child;

16-42 (g) Inform the court of the desires of the child, but exercise his

16-43 independent judgment regarding the best interests of the child;

17-1 (h) Present recommendations to the court and provide reasons in

17-2 support of those recommendations;

17-3 (i) Request the court to enter orders that are clear, specific and, when

17-4 appropriate, include periods for compliance;

17-5 (j) Review the progress of each case for which he is appointed, and

17-6 advocate for the expedient completion of the case; and

17-7 (k) Perform such other duties as the court orders.

17-8 Sec. 26. NRS 432B.540 is hereby amended to read as follows:

17-9 432B.540 1. If the court finds that the allegations of the petition are

17-10 true, it shall order that a report be made in writing by an agency which

17-11 provides protective services, concerning the conditions in the child’s place

17-12 of residence, the child’s record in school, the mental, physical and social

17-13 background of his family, its financial situation and other matters relevant

17-14 to the case.

17-15 2. If the agency believes that it is necessary to remove the child from

17-16 the physical custody of his parents, it must submit with the report a plan

17-17 designed to achieve a placement of the child in a safe setting as near to the

17-18 residence of his parent as is consistent with the best interests and special

17-19 needs of the child. The plan must include:

17-20 (a) A description of the type , safety and appropriateness of the home or

17-21 institution in which the child could be placed, a plan for [assuring]

17-22 ensuring that he would receive safe and proper care and a description of

17-23 his needs;

17-24 (b) A description of the services to be provided to the child and to a

17-25 parent to facilitate the return of the child to the custody of his parent or to

17-26 [assure] ensure his permanent placement;

17-27 (c) The appropriateness of the services to be provided under the plan;

17-28 and

17-29 (d) A description of how the order of the court will be carried out.

17-30 3. If the child is not residing in his home, the agency shall include as a

17-31 part of the plan for the permanent placement of the child, established

17-32 pursuant to NRS 432B.590, a recommendation to terminate parental rights

17-33 unless it determines that initiating a petition for the termination of parental

17-34 rights is not in the best interests of the child. If the agency conclusively

17-35 determines that initiating a petition for the termination of parental rights is

17-36 not in the best interests of the child, it shall include a full explanation of the

17-37 basis for the determination as part of the plan.

17-38 Sec. 27. NRS 432B.550 is hereby amended to read as follows:

17-39 432B.550 1. If the court finds that [the] a child is in need of

17-40 protection, it shall determine whether [reasonable efforts were made by] the

17-41 agency which provides protective services [to prevent or eliminate the need

17-42 for his removal from his home and to facilitate his return to his home.] has

17-43 made the reasonable efforts required by subsection 1 of section 18 of this

18-1 act. The court may, by its order, after receipt and review of the report from

18-2 the agency which provides protective services:

18-3 (a) Permit the child to remain in the temporary or permanent custody of

18-4 his parents or a guardian with or without supervision by the court or a

18-5 person or agency designated by the court, and with or without retaining

18-6 jurisdiction of the case, upon such conditions as the court may prescribe;

18-7 (b) Place him in the temporary or permanent custody of a relative or

18-8 other person who the court finds suitable to receive and care for him with

18-9 or without supervision, and with or without retaining jurisdiction of the

18-10 case, upon such conditions as the court may prescribe;

18-11 (c) Place him in the temporary custody of a public agency or institution

18-12 authorized to care for children, the local juvenile probation department, the

18-13 local department of juvenile services or a private agency or institution

18-14 licensed by the department of human resources to care for such a child; or

18-15 (d) Commit him to the custody of the superintendent of the northern

18-16 Nevada children’s home or the superintendent of the southern Nevada

18-17 children’s home, in accordance with chapter 423 of NRS.

18-18 In carrying out this subsection, the court may, in its sole discretion,

18-19 consider an application pursuant to chapter 159 of NRS for the

18-20 guardianship of the child. If the court grants such an application, it may

18-21 retain jurisdiction of the case or transfer the case to another court of

18-22 competent jurisdiction.

18-23 2. If, pursuant to subsection 1, a child is placed other than with a parent

18-24 [, the] :

18-25 (a) The parent retains the right to consent to adoption, to determine the

18-26 child’s religious affiliation and to reasonable visitation, unless restricted by

18-27 the court. If the custodian of the child interferes with these rights, the parent

18-28 may petition the court for enforcement of his rights.

18-29 (b) The court shall set forth good cause why the child was placed

18-30 other than with a parent.

18-31 3. If, pursuant to subsection 1, the child is to be placed with a relative,

18-32 the court may consider, among other factors, whether the child has resided

18-33 with a particular relative for 3 years or more before the incident which

18-34 brought the child to the court’s attention.

18-35 4. A copy of the report prepared for the court by the agency which

18-36 provides protective services must be sent to the custodian and the parent or

18-37 legal guardian.

18-38 5. In determining the placement of a child pursuant to this section, if

18-39 the child is not permitted to remain in the custody of his parents or

18-40 guardian, preference must be given to placing the child:

18-41 (a) With any person related within the third degree of consanguinity to

18-42 the child who is suitable and able to provide proper care and guidance for

18-43 the child, regardless of whether the relative resides within this state.

19-1 (b) If practicable, together with his siblings.

19-2 Any search for a relative with whom to place a child pursuant to this

19-3 section must be completed within 1 year after the initial placement of the

19-4 child outside of his home. If a child is placed with any person who resides

19-5 outside of this state, the placement must be in accordance with NRS

19-6 127.330.

19-7 Sec. 28. NRS 432B.580 is hereby amended to read as follows:

19-8 432B.580 1. Except as otherwise provided in this section, if a child is

19-9 placed pursuant to NRS 432B.550 other than with a parent, the placement

19-10 must be reviewed by the court at least semiannually. Unless the parent,

19-11 guardian or the custodian objects to the referral, the court may enter an

19-12 order directing that the placement be reviewed by a panel appointed

19-13 pursuant to NRS 432B.585.

19-14 2. An agency acting as the custodian of the child shall, before any

19-15 hearing for review of the placement of a child, submit a report to the court,

19-16 or to the panel if it has been designated to review the matter, which

19-17 includes an evaluation of the progress of the child and his family and any

19-18 recommendations for further supervision, treatment or rehabilitation. A

19-19 copy of the report must be given to the parents, the guardian ad litem and

19-20 the attorney, if any, representing the parent or the child.

19-21 3. The court or the panel shall hold a hearing to review the placement,

19-22 unless the parent, guardian or [the] custodian files a motion with the court

19-23 to dispense with the hearing. If the motion is granted, the court or panel

19-24 may make its determination from any report, statement or other information

19-25 submitted to it.

19-26 4. Notice of the hearing must be given by registered or certified mail to

19-27 [all parties of] :

19-28 (a) All the parties to any of the prior proceedings [,] ; and

19-29 (b) Any persons planning to adopt the child, relatives of the child or

19-30 providers of foster care who are currently providing care to the child,

19-31 except a parent whose rights have been terminated pursuant to chapter 128

19-32 of NRS or who has voluntarily relinquished the child for adoption pursuant

19-33 to NRS 127.040.

19-34 5. The court or panel may require the presence of the child at the

19-35 hearing and shall provide to each person to whom notice was given

19-36 pursuant to subsection 4 an opportunity to be heard at the hearing.

19-37 6. The court or panel shall review:

19-38 (a) The continuing necessity for and appropriateness of the placement;

19-39 (b) The extent of compliance with the plan submitted pursuant to

19-40 subsection 2 of NRS 432B.540;

19-41 (c) Any progress which has been made in alleviating the problem which

19-42 resulted in the placement of the child; and

20-1 (d) The date the child may be returned to and safely maintained in his

20-2 home or placed for adoption or under a legal guardianship.

20-3 7. The provision of notice and an opportunity to be heard pursuant

20-4 to this section does not cause any person planning to adopt the child, or

20-5 any relative or provider of foster care to become a party to the hearing.

20-6 Sec. 29. NRS 432B.590 is hereby amended to read as follows:

20-7 432B.590 1. Except as otherwise provided in NRS 432B.600, the

20-8 court shall hold a hearing concerning the permanent placement of [the child

20-9 no] a child:

20-10 (a) Not later than [18] 12 months after the [most recent] initial removal

20-11 of the child from his home and annually thereafter.

20-12 (b) Within 30 days after making any of the findings set forth in

20-13 subsection 3 of section 18 of this act.

20-14 Notice of this hearing must be given by registered or certified mail to all

20-15 [parties of the dispositional proceeding, except a parent whose rights have

20-16 been terminated pursuant to chapter 128 of NRS or who has voluntarily

20-17 relinquished the child for adoption pursuant to NRS 127.040.] of the

20-18 persons to whom notice must be given pursuant to subsection 4 of NRS

20-19 432B.580.

20-20 2. The court may require the presence of the child at the hearing and

20-21 shall provide to each person to whom notice was given pursuant to

20-22 subsection 1 an opportunity to be heard at the hearing.

20-23 3. At the hearing the court shall establish a plan for the permanent

20-24 placement of the child and determine whether:

20-25 (a) The child should be returned to his parents or other relatives;

20-26 (b) The child’s placement in the foster home or other similar institution

20-27 should be continued; or

20-28 (c) [In] It is in the best interests of the child [,] to initiate proceedings

20-29 to:

20-30 (1) Terminate parental rights pursuant to chapter 128 of NRS so that

20-31 the child can be placed for adoption; or

20-32 (2) Establish a guardianship pursuant to chapter 159 of NRS . [,

20-33 should be initiated.]

20-34 If the court determines that it is in the best interests of the child to

20-35 terminate parental rights, the court shall use its best efforts to ensure that

20-36 the procedures required by chapter 128 of NRS are completed within 6

20-37 months after the date the court makes that determination, including,

20-38 without limitation, appointing a private attorney to expedite the

20-39 completion of the procedures.

20-40 4. If a child has been placed outside of his home and has resided

20-41 outside of his home pursuant to that placement for [18] 14 months of any

20-42 [24] 20 consecutive months, the best interests of the child must be

20-43 presumed to be served by the termination of parental rights.

21-1 5. This hearing may take the place of the hearing for review required

21-2 by NRS 432B.580.

21-3 6. The provision of notice and an opportunity to be heard pursuant

21-4 to this section does not cause any person planning to adopt the child, or

21-5 any relative or provider of foster care to become a party to the hearing.

21-6 Sec. 30. Sections 1, 3, 5 and 6 of Senate Bill No. 232 of this session

21-7 are hereby repealed.

21-8 Sec. 31. 1. This section and sections 1 to 12, inclusive, 14 to 20,

21-9 inclusive, and 22 to 30, inclusive, of this act become effective on July 1,

21-10 1999.

21-11 2. Section 13 of this act becomes effective upon the division of child

21-12 and family services of the department of human resources being notified of

21-13 the creation of three or more local advisory boards to expedite proceedings

21-14 for the placement of children pursuant to section 14 of this act.

21-15 3. Section 20 of this act expires by limitation on June 30, 2001.

21-16 4. Section 21 of this act becomes effective at 12:02 a.m. on July 1,

21-17 2001.

 

21-18 TEXT OF REPEALED SECTIONS

 

21-19 Sections 1, 3, 5 and 6 of Senate Bill No. 232 of this session:

21-20 Section 1. Chapter 127 of NRS is hereby amended by adding

21-21 thereto a new section to read as follows:

21-22 A child-placing agency shall, to the extent practicable, give

21-23 preference to the placement of a child for adoption or permanent

21-24 free care together with his siblings.

21-25 Sec. 3. NRS 127.220 is hereby amended to read as follows:

21-26 127.220 As used in NRS [127.230] 127.220 to 127.310,

21-27 inclusive, and section 1 of this act, unless the context otherwise

21-28 requires:

21-29 1. "Arrange the placement of a child" means to make

21-30 preparations for or bring about any agreement or understanding

21-31 concerning the adoption of a child.

21-32 2. "Child-placing agency" means the division or a nonprofit

21-33 corporation organized pursuant to chapter 82 of NRS, and licensed

21-34 by the division to place children for adoption or permanent free

21-35 care.

21-36 3. "Person" includes a hospital

21-37 .

22-1 4. "Recommend the placement of a child" means to suggest to a

22-2 licensed child-placing agency that a prospective adoptive parent be

22-3 allowed to adopt a specific child, born or in utero.

22-4 Sec. 5. NRS 128.110 is hereby amended to read as follows:

22-5 128.110 1. Whenever the procedure described in this chapter

22-6 has been followed, and upon finding grounds for the termination of

22-7 parental rights pursuant to NRS 128.105 at a hearing upon the

22-8 petition, the court shall make a written order, signed by the judge

22-9 presiding in the court, judicially depriving the parent or parents of

22-10 the custody and control of, and terminating the parental rights of the

22-11 parent or parents with respect to the child, and declaring the child to

22-12 be free from such custody or control, and placing the custody and

22-13 control of the child in some person or agency qualified by the laws

22-14 of this state to provide services and care to children, or to receive

22-15 any children for placement.

22-16 2. If the child is placed in the custody and control of a person

22-17 or agency qualified by the laws of this state to receive children for

22-18 placement, the person or agency , [may,] in seeking to place the

22-19 child [,] :

22-20 (a) May give preference to the placement of the child with any

22-21 person related within the third degree of consanguinity to the child

22-22 whom the person or agency finds suitable and able to provide

22-23 proper care and guidance for the child, regardless of whether the

22-24 relative resides within this state.

22-25 (b) Shall, if practicable, give preference to the placement of the

22-26 child together with his siblings.

22-27 Sec. 6. NRS 432B.550 is hereby amended to read as follows:

22-28 432B.550 1. If the court finds that [the] a child is in need of

22-29 protection, it shall determine whether reasonable efforts were made

22-30 by the agency which provides protective services to prevent or

22-31 eliminate the need for his removal from his home and to facilitate

22-32 his return to his home. The court may, by its order, after receipt and

22-33 review of the report from the agency which provides protective

22-34 services:

22-35 (a) Permit the child to remain in the custody of his parents or

22-36 guardian with or without supervision by the court or a person or

22-37 agency designated by the court, upon such conditions as the court

22-38 may prescribe;

22-39 (b) Place him in the temporary or permanent custody of a

22-40 relative who the court finds suitable to receive and care for him with

22-41 or without supervision, upon such conditions as the court may

22-42 prescribe;

23-1 (c) Place him in the temporary custody of a public agency or

23-2 institution authorized to care for children, the local juvenile

23-3 probation department, the local department of juvenile services or a

23-4 private agency or institution licensed by the department of human

23-5 resources to care for such a child; or

23-6 (d) Commit him to the custody of the superintendent of the

23-7 northern Nevada children’s home or the superintendent of the

23-8 southern Nevada children’s home, in accordance with chapter 423

23-9 of NRS.

23-10 2. If, pursuant to subsection 1, a child is placed other than with

23-11 a parent, the parent retains the right to consent to adoption, to

23-12 determine the child’s religious affiliation and to reasonable

23-13 visitation, unless restricted by the court. If the custodian of the child

23-14 interferes with these rights, the parent may petition the court for

23-15 enforcement of his rights.

23-16 3. If, pursuant to subsection 1, the child is to be placed with a

23-17 relative, the court may consider, among other factors, whether the

23-18 child has resided with a particular relative for 3 years or more

23-19 before the incident which brought the child to the court’s attention.

23-20 4. A copy of the report prepared for the court by the agency

23-21 which provides protective services must be sent to the custodian

23-22 and the parent or legal guardian.

23-23 5. In determining the placement of a child pursuant to this

23-24 section, if the child is not permitted to remain in the custody of his

23-25 parents or guardian, preference must be given to placing the child:

23-26 (a) With any person related within the third degree of

23-27 consanguinity to the child who is suitable and able to provide

23-28 proper care and guidance for the child, regardless of whether the

23-29 relative resides within this state.

23-30 (b) If practicable, together with his siblings.

23-31 If a child is placed with any person who resides outside of this state,

23-32 the placement must be in accordance with NRS 127.330.

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