EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

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

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

2-19 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

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

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

2-37 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

2-42 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

3-32 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

4-1 (b) If the parent or parents fail to comply substantially with the terms

4-2 and conditions of a plan to reunite the family within 6 months after the date

4-3 on which the child was placed or the plan was commenced, whichever

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

4-5 adjustment as set forth in paragraph (d) of subsection 2 of NRS 128.105.

4-6 2. If a child has been placed outside of his home pursuant to chapter

4-7 432B of NRS and has resided outside of his home pursuant to that

4-8 placement for [18] 14 months of any [24] 20 consecutive months, the best

4-9 interests of the child must be presumed to be served by the termination of

4-10 parental rights.

4-11 3. The presumptions specified in subsections 1 and 2 must not be

4-12 overcome or otherwise affected by evidence of failure of the state to

4-13 provide services to the family.

4-14 Sec. 8. NRS 128.110 is hereby amended to read as follows:

4-15 128.110 1. Whenever the procedure described in this chapter has

4-37 the child outside of his home.

4-38 Sec. 9. Chapter 432 of NRS is hereby amended by adding thereto a

4-43 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

5-4 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

5-21 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.

6-1 5. The rural advisory board shall:

6-2 (a) At its first meeting and annually thereafter, elect a chairman from

6-3 among its members.

6-4 (b) Meet at least four times annually and may meet at other times

6-5 upon the call of the chairman.

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

6-7 to section 14 of this act.

6-8 (d) Prepare and make available to the public an annual report

6-9 including, without limitation, a summary of the activities of the rural

6-10 advisory board.

6-11 Sec. 14. 1. The district court in each judicial district that includes

6-12 a county whose population is less than 100,000 shall create a local

6-13 advisory board to expedite proceedings for the placement of children.

6-14 The district court shall appoint to the local advisory board:

6-15 (a) One member who is representative of foster parents;

6-16 (b) One member who is representative of attorneys in public or private

6-17 practice;

6-18 (c) One member who is employed by the division of child and family

6-19 services;

6-20 (d) One member who is either employed by the public school system

6-21 and works with children on a regular basis, or works in the field of

6-22 mental health and works with children on a regular basis; and

6-23 (e) One member who is a resident of the judicial district in which the

6-24 local advisory board is created.

6-25 2. The district court shall provide for initial terms of each member of

6-26 the local advisory board so that the terms are staggered. After the initial

6-27 terms, the members of the local advisory board shall serve terms of 4

6-28 years. Any member of the local advisory board may be reappointed. If a

6-29 vacancy occurs during the term of a member, the district court shall

6-30 appoint a person similarly qualified to replace that member for the

6-31 remainder of the unexpired term. The district court may remove a

6-32 member from the local advisory board if the member neglects his duty or

6-33 commits malfeasance in office.

6-34 3. The district court shall appoint two members of the local advisory

6-35 board to serve on the rural advisory board created pursuant to section 13

6-36 of this act.

6-37 4. Members of a local advisory board serve without compensation,

6-38 and necessary travel and per diem expenses may not be reimbursed.

6-39 5. The division of child and family services shall provide each local

6-40 advisory board with administrative support and shall provide any

6-41 information requested by a local advisory board to the local advisory

6-42 board within 10 working days after receiving the request for information.

7-1 6. Each local advisory board shall:

7-2 (a) At its first meeting and annually thereafter, elect a chairman from

7-3 among its members.

7-4 (b) Review each case referred to it pursuant to section 15 of this act,

7-5 and provide the referring court and the office of the attorney general

7-6 with any recommendations to expedite the completion of the case.

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

7-8 recommendations to expedite the completion of cases to the district court,

7-9 the division of child and family services and the legislature, or the

7-10 legislative commission when the legislature is not in regular session.

7-11 7. A local advisory board may review other cases as deemed

7-12 appropriate by the district court.

7-13 Sec. 15. If the court has not approved the permanent placement of a

7-14 child within 12 months after the initial removal of the child from his

7-15 home, it shall refer the case to the local advisory board created pursuant

7-16 to section 14 of this act, if such a local advisory board was created for

7-17 that judicial district, to obtain recommendations from the local advisory

7-18 board to expedite the completion of the case.

7-19 Sec. 16. 1. To qualify for appointment as a guardian ad litem

7-20 pursuant to NRS 432B.500 in a judicial district that includes a county

7-21 whose population is less than 100,000, a special advocate must be a

7-22 volunteer from the community who completes an initial 12 hours of

7-23 specialized training and, annually thereafter, completes 6 hours of

7-24 specialized training. The training must be approved by the court and

7-25 include information regarding:

7-26 (a) The dynamics of the abuse and neglect of children;

7-27 (b) Factors to consider in determining the best interests of a child,

7-28 including planning for the permanent placement of the child;

7-29 (c) The interrelationships between the family system, legal process

7-30 and system of child welfare;

7-31 (d) Skills in mediation and negotiation;

7-32 (e) Federal, state and local laws affecting children;

7-33 (f) Cultural, ethnic and gender-specific issues;

7-34 (g) Domestic violence;

7-35 (h) Resources and services available in the community for children in

7-36 need of protection;

7-37 (i) Child development;

7-38 (j) Standards for guardians ad litem;

7-39 (k) Confidentiality issues; and

7-40 (l) Such other topics as the court deems appropriate.

8-1 2. To qualify for appointment as a guardian ad litem pursuant to

8-2 NRS 432B.500 in a judicial district that does not include a county whose

8-3 population is less than 100,000, a special advocate must be qualified

8-4 pursuant to the standards for training of the National Court Appointed

8-5 Special Advocate Association or its successor. If such an association

8-6 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 the

8-9 extent to which agencies which provide protective services are effectively

8-10 discharging their responsibilities for the protection of children.

8-11 2. Adopt regulations to carry out the provisions of subsection 1

8-12 which must include, without limitation, the imposition of appropriate

8-13 restrictions on the disclosure of information obtained by the panel and

8-14 civil sanctions for the violation of those restrictions.

8-15 Sec. 18. 1. Except as otherwise provided in this section, an agency

8-16 which provides protective services shall make reasonable efforts to

8-17 preserve and reunify the family of a child to prevent or eliminate the

8-18 need for his removal from his home and to make it possible for his safe

8-19 return to his home.

8-20 2. In determining the reasonable efforts required by subsection 1, the

8-21 health and safety of the child must be the paramount concern. The

8-22 agency which provides protective services may make reasonable efforts to

8-23 place the child for adoption or with a legal guardian concurrently with

8-24 making the reasonable efforts required pursuant to subsection 1. If the

8-25 court determines that continuation of the reasonable efforts required by

8-26 subsection 1 is inconsistent with the plan for the permanent placement of

8-27 the child, the agency which provides protective services shall make

8-28 reasonable efforts to place the child in a timely manner in accordance

8-29 with that plan and to complete whatever actions are necessary to finalize

8-30 the permanent placement of the child.

8-31 3. An agency which provides protective services is not required to

8-32 make the reasonable efforts required by subsection 1 if the court finds

8-33 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 of

8-38 the parent or primary caretaker, which resulted in substantial bodily

8-39 harm to the abused or neglected child;

9-1 (3) Caused the abuse or neglect of the child, a sibling of the child or

9-2 another child in the household, and the abuse or neglect was so extreme

9-3 or repetitious as to indicate that any plan to return the child to his home

9-4 would result in an unacceptable risk to the health or welfare of the child;

9-5 or

9-6 (4) Abandoned the child for 60 or more days, and the identity of the

9-7 parent of the child is unknown and cannot be ascertained through

9-8 reasonable efforts;

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

9-10 ability to contact or communicate with the child and made no more than

9-11 token efforts to do so;

9-12 (c) The parental rights of a parent to a sibling of the child have been

9-13 terminated by a court order upon any basis other than the execution of a

9-14 voluntary relinquishment of those rights by a natural parent, and the

9-15 court order is not currently being appealed;

9-16 (d) The child or a sibling of the child was previously removed from his

9-17 home, adjudicated to have been abused or neglected, returned to his

9-18 home and subsequently removed from his home as a result of additional

9-19 abuse or neglect; or

9-20 (e) The child is less than 1 year of age, the father of the child is not

9-21 married to the mother of the child and the father of the child:

9-22 (1) Has failed within 60 days after learning of the birth of the child,

9-23 to visit the child, to commence proceedings to establish his paternity of

9-24 the child or to provide financial support for the child; or

9-25 (2) Is entitled to seek custody of the child but fails to do so within 60

9-26 days after learning that the child was placed in foster care.

9-27 Sec. 19. NRS 432B.280 is hereby amended to read as follows:

9-28 432B.280 1. Reports made pursuant to this chapter, as well as all

9-38 is guilty of a misdemeanor.

9-39 Sec. 20. NRS 432B.290 is hereby amended to read as follows:

9-40 432B.290 1. Except as otherwise provided in [subsection 2 or 5,]

9-43 only to:

10-1 (a) A physician who has before him a child who he reasonably believes

10-2 may have been abused or neglected;

10-3 (b) A person authorized to place a child in protective custody, if he has

10-4 before him a child who he reasonably believes may have been abused or

10-5 neglected and he requires the information to determine whether to place the

10-6 child in protective custody;

10-7 (c) An agency, including, without limitation, an agency in another

10-8 jurisdiction, responsible for or authorized to undertake the care, treatment

10-9 or supervision of:

10-10 (1) The child; or

10-11 (2) The person responsible for the welfare of the child;

10-12 (d) A district attorney or other law enforcement officer who requires the

10-13 information in connection with an investigation or prosecution of the abuse

10-14 or neglect of a child;

10-15 (e) A court, for in camera inspection only, unless the court determines

10-16 that public disclosure of the information is necessary for the determination

10-17 of an issue before it;

10-18 (f) A person engaged in bona fide research or an audit, but information

10-19 identifying the subjects of a report must not be made available to him;

10-20 (g) The attorney and the guardian ad litem of the child;

10-21 (h) A grand jury upon its determination that access to these records is

10-22 necessary in the conduct of its official business;

10-23 (i) [An agency which provides protective services or which is authorized

10-24 to receive, investigate and evaluate reports of abuse or neglect of a child;]

10-25 A federal, state or local governmental entity, or an agency of such an

10-26 entity, that needs access to the information to carry out its legal

10-27 responsibilities to protect children from abuse and neglect;

10-28 (j) A person [who] or an organization that has entered into a written

10-29 agreement with an agency which provides protective services to provide

10-30 assessments or services and that has been trained to make such assessments

10-31 or provide such services;

10-32 (k) A team organized pursuant to NRS 432B.350 for the protection of a

10-33 child ; [pursuant to NRS 432B.350;]

10-34 (l) A team organized pursuant to NRS 432B.405 to review the death of a

10-35 child;

10-36 (m) A parent or legal guardian of the child, if the identity of the person

10-37 responsible for reporting the alleged abuse or neglect of the child to a

10-38 public agency is kept confidential;

10-39 (n) The [person named in the report as allegedly being abused or

10-40 neglected, if he is not a minor or otherwise legally incompetent;] persons

10-41 who are the subject of a report;

11-1 (o) An agency that is authorized by law to license foster homes or

11-2 facilities for children or to investigate persons applying for approval to

11-3 adopt a child, if the agency has before it an application for that license or is

11-4 investigating an applicant to adopt a child;

11-5 (p) Upon written consent of the parent, any officer of this state or a city

11-6 or county thereof or legislator authorized by the agency or department

11-7 having jurisdiction or by the legislature, acting within its jurisdiction, to

11-8 investigate the activities or programs of an agency that provides protective

11-9 services if:

11-10 (1) The identity of the person making the report is kept confidential;

11-11 and

11-12 (2) The officer, legislator or a member of his family is not the person

11-13 alleged to have committed the abuse or neglect;

11-14 (q) The division of parole and probation of the department of motor

11-15 vehicles and public safety for use pursuant to NRS 176.135 in making a

11-16 presentence investigation and report to the district court; [or]

11-17 (r) Any person who is required pursuant to NRS 432B.220 to make a

11-18 report to an agency which provides protective services or to a law

11-19 enforcement agency [.] ;

11-20 (s) The rural advisory board to expedite proceedings for the placement

11-21 of children created pursuant to section 13 of this act or a local advisory

11-22 board to expedite proceedings for the placement of children created

11-23 pursuant to section 14 of this act; or

11-24 (t) The panel established pursuant to section 17 of this act to evaluate

11-25 agencies which provide protective services.

11-26 2. Except as otherwise provided in subsection 3, data or information

11-27 concerning reports and investigations thereof made pursuant to this chapter

11-28 may be made available to any member of the general public if the child

11-29 who is the subject of [the] a report dies or is critically injured as a result of

11-30 alleged abuse or neglect, except that the data or information which may be

11-31 disclosed is limited to:

11-32 (a) The fact that a report of abuse or neglect has been made and, if

11-33 appropriate, a factual description of the contents of the report;

11-34 (b) Whether an investigation has been initiated pursuant to NRS

11-35 432B.260, and the result of a completed investigation; and

11-36 (c) Such other information as is authorized for disclosure by a court

11-37 pursuant to subsection 4.

11-38 3. An agency which provides protective services shall not disclose data

11-39 or information pursuant to subsection 2 if the agency determines that the

11-40 disclosure is not in the best interests of the child or if disclosure of the

11-41 information would adversely affect any pending investigation concerning

11-42 [the] a report.

12-1 4. Upon petition, a court of competent jurisdiction may authorize the

12-2 disclosure of additional information to the public pursuant to subsection 2

12-3 if good cause is shown by the petitioner for the disclosure of the additional

12-4 information.

12-5 5. An agency investigating a report of the abuse or neglect of a child

12-6 shall, upon request, provide to a person named in the report as allegedly

12-7 causing the abuse or neglect of the child:

12-8 (a) A copy of:

12-9 (1) Any statement made in writing to an investigator for the agency by

12-10 the person named in the report as allegedly causing the abuse or neglect of

12-11 the child; or

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

12-13 to an investigator for the agency by the person named in the report as

12-14 allegedly causing the abuse or neglect of the child; or

12-15 (b) A written summary of the allegations made against the person who is

12-16 named in the report as allegedly causing the abuse or neglect of the child.

12-17 The summary must not identify the person responsible for reporting the

12-18 alleged abuse or neglect.

12-19 6. An agency which provides protective services shall disclose the

12-20 identity of a person who makes a report or otherwise initiates an

12-21 investigation pursuant to this chapter if a court, after reviewing the

12-22 record in camera and determining that there is reason to believe that the

12-23 person knowingly made a false report, orders the disclosure.

12-24 7. Any person, except for:

12-25 (a) The subject of a report;

12-26 (b) A district attorney or other law enforcement officer initiating legal

12-27 proceedings; or

12-28 (c) An employee of the division of parole and probation of the

12-29 department of motor vehicles and public safety making a presentence

12-30 investigation and report to the district court pursuant to NRS 176.135,

12-31 who is given access, pursuant to subsection 1 or 2, to information

12-32 identifying the subjects of a report who makes this information public is

12-33 guilty of a misdemeanor.

12-34 [7.] 8. The division of child and family services shall adopt regulations

12-35 to carry out the provisions of this section.

12-36 Sec. 21. NRS 432B.290 is hereby amended to read as follows:

12-37 432B.290 1. Except as otherwise provided in [subsection 2,]

13-1 (a) A physician who has before him a child who he reasonably believes

13-2 may have been abused or neglected;

13-3 (b) A person authorized to place a child in protective custody, if he has

13-4 before him a child who he reasonably believes may have been abused or

13-5 neglected and he requires the information to determine whether to place the

13-6 child in protective custody;

13-7 (c) An agency, including, without limitation, an agency in another

13-8 jurisdiction, responsible for or authorized to undertake the care, treatment

13-9 or supervision of:

13-10 (1) The child; or

13-11 (2) The person responsible for the welfare of the child;

13-12 (d) A district attorney or other law enforcement officer who requires the

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

13-14 or neglect of a child;

13-15 (e) A court, for in camera inspection only, unless the court determines

13-16 that public disclosure of the information is necessary for the determination

13-17 of an issue before it;

13-18 (f) A person engaged in bona fide research or an audit, but information

13-19 identifying the subjects of a report must not be made available to him;

13-20 (g) The attorney and the guardian ad litem of the child;

13-21 (h) A grand jury upon its determination that access to these records is

13-22 necessary in the conduct of its official business;

13-23 (i) [An agency which provides protective services or which is authorized

13-24 to receive, investigate and evaluate reports of abuse or neglect of a child;]

13-25 A federal, state or local governmental entity, or an agency of such an

13-26 entity, that needs access to the information to carry out its legal

13-27 responsibilities to protect children from abuse and neglect;

13-28 (j) A team organized pursuant to NRS 432B.350 for the protection of a

13-29 child ; [pursuant to NRS 432B.350;]

13-30 (k) A team organized pursuant to NRS 432B.405 to review the death

13-31 of a child;

13-32 (l) A parent or legal guardian of the child, if the identity of the person

13-33 responsible for reporting the alleged abuse or neglect of the child to a

13-34 public agency is kept confidential;

13-35 [(l) The person named in the report as allegedly being abused or

13-36 neglected, if he is not a minor or otherwise legally incompetent;]

13-37 (m) The persons who are the subject of a report;

13-38 (n) An agency that is authorized by law to license foster homes or

13-39 facilities for children or to investigate persons applying for approval to

13-40 adopt a child, if the agency has before it an application for that license or is

13-41 investigating an applicant to adopt a child;

14-1 [(n)] (o) Upon written consent of the parent, any officer of this state or a

14-2 city or county thereof or legislator authorized, by the agency or department

14-3 having jurisdiction or by the legislature, acting within its jurisdiction, to

14-4 investigate the activities or programs of an agency that provides protective

14-5 services if:

14-6 (1) The identity of the person making the report is kept confidential;

14-7 and

14-8 (2) The officer, legislator or a member of his family is not the person

14-9 alleged to have committed the abuse or neglect; [or

14-10 (o)] (p) The division of parole and probation of the department of motor

14-11 vehicles and public safety for use pursuant to NRS 176.135 in making a

14-12 presentence investigation and report to the district court [.] or pursuant to

14-13 section 3 of Senate Bill No. 148 of this session in making a general

14-14 investigation and report;

14-15 (q) The rural advisory board to expedite proceedings for the

14-16 placement of children created pursuant to section 13 of this act or a local

14-17 advisory board to expedite proceedings for the placement of children

14-18 created pursuant to section 14 of this act; or

14-19 (r) The panel established pursuant to section 17 of this act to evaluate

14-20 agencies which provide protective services.

14-21 2. An agency investigating a report of the abuse or neglect of a child

14-22 shall, upon request, provide to a person named in the report as allegedly

14-23 causing the abuse or neglect of the child:

14-24 (a) A copy of:

14-25 (1) Any statement made in writing to an investigator for the agency by

14-26 the person named in the report as allegedly causing the abuse or neglect of

14-27 the child; or

14-28 (2) Any recording made by the agency of any statement made orally

14-29 to an investigator for the agency by the person named in the report as

14-30 allegedly causing the abuse or neglect of the child; or

14-31 (b) A written summary of the allegations made against the person who is

14-32 named in the report as allegedly causing the abuse or neglect of the child.

14-33 The summary must not identify the person responsible for reporting the

14-34 alleged abuse or neglect.

14-35 3. An agency which provides protective services shall disclose the

14-36 identity of a person who makes a report or otherwise initiates an

14-37 investigation pursuant to this chapter if a court, after reviewing the

14-38 record in camera and determining that there is reason to believe that the

14-39 person knowingly made a false report, orders the disclosure.

14-40 4. Any person, except for:

14-41 (a) The subject of a report;

14-42 (b) A district attorney or other law enforcement officer initiating legal

14-43 proceedings; or

15-1 (c) An employee of the division of parole and probation of the

15-2 department of motor vehicles and public safety making a presentence

15-3 investigation and report to the district court pursuant to NRS 176.135 [,] or

15-4 making a general investigation and report pursuant to section 3 of

15-5 Senate Bill No. 148 of this session,

15-6 who is given access, pursuant to subsection 1, to information identifying the

15-7 subjects of a report and who makes this information public is guilty of a

15-8 misdemeanor.

15-9 [4.] 5. The division of child and family services shall adopt regulations

15-10 to carry out the provisions of this section.

15-11 Sec. 22. NRS 432B.395 is hereby amended to read as follows:

15-12 432B.395 An agency which provides protective services shall submit

15-17 of the child to his home.]

15-18 Sec. 23. NRS 432B.420 is hereby amended to read as follows:

15-19 432B.420 1. A parent or other person responsible for the [child’s]

15-41 his services as a guardian ad litem.

16-1 Sec. 24. NRS 432B.457 is hereby amended to read as follows:

16-2 432B.457 1. If the court or a special master appointed pursuant to

16-27 the placement of the child.

16-28 Sec. 25. NRS 432B.500 is hereby amended to read as follows:

16-29 432B.500 1. After a petition is filed that a child is in need of

17-1 3. A guardian ad litem appointed pursuant to this section shall:

17-2 (a) Represent and protect the best interests of the child until excused

17-3 by the court;

17-4 (b) Thoroughly research and ascertain the relevant facts of each case

17-5 for which he is appointed, and ensure that the court receives an

17-6 independent, objective account of those facts;

17-7 (c) Meet with the child wherever the child is placed as often as is

17-8 necessary to determine that the child is safe and to ascertain the best

17-9 interests of the child;

17-10 (d) Explain to the child the role of the guardian ad litem and, when

17-11 appropriate, the nature and purpose of each proceeding in his case;

17-12 (e) Participate in the development and negotiation of any plans for

17-13 and orders regarding the child, and monitor the implementation of those

17-14 plans and orders to determine whether services are being provided in an

17-15 appropriate and timely manner;

17-16 (f) Appear at all proceedings regarding the child;

17-17 (g) Inform the court of the desires of the child, but exercise his

17-18 independent judgment regarding the best interests of the child;

17-19 (h) Present recommendations to the court and provide reasons in

17-20 support of those recommendations;

17-21 (i) Request the court to enter orders that are clear, specific and, when

17-22 appropriate, include periods for compliance;

17-23 (j) Review the progress of each case for which he is appointed, and

17-24 advocate for the expedient completion of the case; and

17-25 (k) Perform such other duties as the court orders.

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

17-27 432B.540 1. If the court finds that the allegations of the petition are

17-41 his needs;

18-1 (b) A description of the services to be provided to the child and to a

18-2 parent to facilitate the return of the child to the custody of his parent or to

18-3 [assure] ensure his permanent placement;

18-4 (c) The appropriateness of the services to be provided under the plan;

18-5 and

18-6 (d) A description of how the order of the court will be carried out.

18-7 3. If the child is not residing in his home, the agency shall include as a

18-8 part of the plan for the permanent placement of the child, established

18-9 pursuant to NRS 432B.590, a recommendation to terminate parental rights

18-10 unless it determines that initiating a petition for the termination of parental

18-11 rights is not in the best interests of the child. If the agency conclusively

18-12 determines that initiating a petition for the termination of parental rights is

18-13 not in the best interests of the child, it shall include a full explanation of the

18-14 basis for the determination as part of the plan.

18-15 Sec. 27. NRS 432B.550 is hereby amended to read as follows:

18-16 432B.550 1. If the court finds that [the] a child is in need of

18-42 competent jurisdiction.

19-1 2. If, pursuant to subsection 1, a child is placed other than with a parent

19-2 [, the] :

19-3 (a) The parent retains the right to consent to adoption, to determine the

19-4 child’s religious affiliation and to reasonable visitation, unless restricted by

19-5 the court. If the custodian of the child interferes with these rights, the parent

19-6 may petition the court for enforcement of his rights.

19-7 (b) The court shall set forth good cause why the child was placed

19-8 other than with a parent.

19-9 3. If, pursuant to subsection 1, the child is to be placed with a relative,

19-10 the court may consider, among other factors, whether the child has resided

19-11 with a particular relative for 3 years or more before the incident which

19-12 brought the child to the court’s attention.

19-13 4. A copy of the report prepared for the court by the agency which

19-14 provides protective services must be sent to the custodian and the parent or

19-15 legal guardian.

19-16 5. In determining the placement of a child pursuant to this section, if

19-17 the child is not permitted to remain in the custody of his parents or

19-18 guardian, preference must be given to placing the child:

19-19 (a) With any person related within the third degree of consanguinity to

19-20 the child who is suitable and able to provide proper care and guidance for

19-21 the child, regardless of whether the relative resides within this state.

19-22 (b) If practicable, together with his siblings.

19-23 Any search for a relative with whom to place a child pursuant to this

19-24 section must be completed within 1 year after the initial placement of the

19-25 child outside of his home. If a child is placed with any person who resides

19-26 outside of this state, the placement must be in accordance with NRS

19-27 127.330.

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

19-29 432B.580 1. Except as otherwise provided in this section, if a child is

20-1 3. The court or the panel shall hold a hearing to review the placement,

20-2 unless the parent, guardian or [the] custodian files a motion with the court

20-3 to dispense with the hearing. If the motion is granted, the court or panel

20-4 may make its determination from any report, statement or other information

20-5 submitted to it.

20-6 4. Notice of the hearing must be given by registered or certified mail to

20-7 [all parties of] :

20-8 (a) All the parties to any of the prior proceedings [,] ; and

20-9 (b) Any persons planning to adopt the child, relatives of the child or

20-10 providers of foster care who are currently providing care to the child,

20-11 except a parent whose rights have been terminated pursuant to chapter 128

20-12 of NRS or who has voluntarily relinquished the child for adoption pursuant

20-13 to NRS 127.040.

20-14 5. The court or panel may require the presence of the child at the

20-15 hearing and shall provide to each person to whom notice was given

20-16 pursuant to subsection 4 an opportunity to be heard at the hearing.

20-17 6. The court or panel shall review:

20-18 (a) The continuing necessity for and appropriateness of the placement;

20-19 (b) The extent of compliance with the plan submitted pursuant to

20-20 subsection 2 of NRS 432B.540;

20-21 (c) Any progress which has been made in alleviating the problem which

20-22 resulted in the placement of the child; and

20-23 (d) The date the child may be returned to and safely maintained in his

20-24 home or placed for adoption or under a legal guardianship.

20-25 7. The provision of notice and an opportunity to be heard pursuant

20-26 to this section does not cause any person planning to adopt the child, or

20-27 any relative or provider of foster care to become a party to the hearing.

20-28 Sec. 29. NRS 432B.590 is hereby amended to read as follows:

20-29 432B.590 1. Except as otherwise provided in NRS 432B.600, the

20-41 432B.580.

21-1 2. The court may require the presence of the child at the hearing and

21-2 shall provide to each person to whom notice was given pursuant to

21-3 subsection 1 an opportunity to be heard at the hearing.

21-4 3. At the hearing the court shall establish a plan for the permanent

21-5 placement of the child and determine whether:

21-6 (a) The child should be returned to his parents or other relatives;

21-7 (b) The child’s placement in the foster home or other similar institution

21-8 should be continued; or

21-9 (c) [In] It is in the best interests of the child [,] to initiate proceedings

21-10 to:

21-11 (1) Terminate parental rights pursuant to chapter 128 of NRS so that

21-12 the child can be placed for adoption; or

21-13 (2) Establish a guardianship pursuant to chapter 159 of NRS . [,

21-14 should be initiated.]

21-15 If the court determines that it is in the best interests of the child to

21-16 terminate parental rights, the court shall use its best efforts to ensure that

21-17 the procedures required by chapter 128 of NRS are completed within 6

21-18 months after the date the court makes that determination, including,

21-19 without limitation, appointing a private attorney to expedite the

21-20 completion of the procedures.

21-21 4. If a child has been placed outside of his home and has resided

21-22 outside of his home pursuant to that placement for [18] 14 months of any

21-23 [24] 20 consecutive months, the best interests of the child must be

21-24 presumed to be served by the termination of parental rights.

21-25 5. This hearing may take the place of the hearing for review required

21-26 by NRS 432B.580.

21-27 6. The provision of notice and an opportunity to be heard pursuant

21-28 to this section does not cause any person planning to adopt the child, or

21-29 any relative or provider of foster care to become a party to the hearing.

21-30 Sec. 29.5. Section 11 of Senate Bill No. 148 of this session is hereby

21-31 amended to read as follows:

21-32 Sec. 11. NRS 432B.290 is hereby amended to read as follows:

21-33 432B.290 1. Except as otherwise provided in subsections 2, 5

21-34 and 6, data or information concerning reports and investigations

21-35 thereof made pursuant to this chapter may be made available only

21-36 to:

21-37 (a) A physician who has before him a child who he reasonably

21-38 believes may have been abused or neglected;

21-39 (b) A person authorized to place a child in protective custody, if

21-40 he has before him a child who he reasonably believes may have

21-41 been abused or neglected and he requires the information to

21-42 determine whether to place the child in protective custody;

22-1 (c) An agency, including, without limitation, an agency in

22-2 another jurisdiction, responsible for or authorized to undertake the

22-3 care, treatment or supervision of:

22-4 (1) The child; or

22-5 (2) The person responsible for the welfare of the child;

22-6 (d) A district attorney or other law enforcement officer who

22-7 requires the information in connection with an investigation or

22-8 prosecution of the abuse or neglect of a child;

22-9 (e) A court, for in camera inspection only, unless the court

22-10 determines that public disclosure of the information is necessary for

22-11 the determination of an issue before it;

22-12 (f) A person engaged in bona fide research or an audit, but

22-13 information identifying the subjects of a report must not be made

22-14 available to him;

22-15 (g) The attorney and the guardian ad litem of the child;

22-16 (h) A grand jury upon its determination that access to these

22-17 records is necessary in the conduct of its official business;

22-18 (i) A federal, state or local governmental entity, or an agency of

22-19 such an entity, that needs access to the information to carry out its

22-20 legal responsibilities to protect children from abuse and neglect;

22-21 (j) A person or an organization that has entered into a written

22-22 agreement with an agency which provides protective services to

22-23 provide assessments or services and that has been trained to make

22-24 such assessments or provide such services;

22-25 (k) A team organized pursuant to NRS 432B.350 for the

22-26 protection of a child;

22-27 (l) A team organized pursuant to NRS 432B.405 to review the

22-28 death of a child;

22-29 (m) A parent or legal guardian of the child, if the identity of the

22-30 person responsible for reporting the alleged abuse or neglect of the

22-31 child to a public agency is kept confidential;

22-32 (n) The persons who are the subject of a report;

22-33 (o) An agency that is authorized by law to license foster homes

22-34 or facilities for children or to investigate persons applying for

22-35 approval to adopt a child, if the agency has before it an application

22-36 for that license or is investigating an applicant to adopt a child;

22-37 (p) Upon written consent of the parent, any officer of this state

22-38 or a city or county thereof or legislator authorized by the agency or

22-39 department having jurisdiction or by the legislature, acting within

22-40 its jurisdiction, to investigate the activities or programs of an

22-41 agency that provides protective services if:

22-42 (1) The identity of the person making the report is kept

22-43 confidential; and

23-1 (2) The officer, legislator or a member of his family is not the

23-2 person alleged to have committed the abuse or neglect;

23-3 (q) The division of parole and probation of the department of

23-4 motor vehicles and public safety for use pursuant to NRS 176.135

23-5 in making a presentence investigation and report to the district court

23-6 [;] or pursuant to section 3 of this act in making a general

23-7 investigation and report;

23-8 (r) Any person who is required pursuant to NRS 432B.220 to

23-9 make a report to an agency which provides protective services or to

23-10 a law enforcement agency;

23-11 (s) The rural advisory board to expedite proceedings for the

23-12 placement of children created pursuant to section 13 of Assembly

23-13 Bill No. 158 of this [act] session or a local advisory board to

23-14 expedite proceedings for the placement of children created pursuant

23-15 to section 14 of Assembly Bill No. 158 of this [act;] session; or

23-16 (t) The panel established pursuant to section 17 of Assembly Bill

23-17 No. 158 of this [act] session to evaluate agencies which provide

23-18 protective services.

23-19 2. Except as otherwise provided in subsection 3, data or

23-20 information concerning reports and investigations thereof made

23-21 pursuant to this chapter may be made available to any member of

23-22 the general public if the child who is the subject of a report dies or

23-23 is critically injured as a result of alleged abuse or neglect, except

23-24 that the data or information which may be disclosed is limited to:

23-25 (a) The fact that a report of abuse or neglect has been made and,

23-26 if appropriate, a factual description of the contents of the report;

23-27 (b) Whether an investigation has been initiated pursuant to NRS

23-28 432B.260, and the result of a completed investigation; and

23-29 (c) Such other information as is authorized for disclosure by a

23-30 court pursuant to subsection 4.

23-31 3. An agency which provides protective services shall not

23-32 disclose data or information pursuant to subsection 2 if the agency

23-33 determines that the disclosure is not in the best interests of the child

23-34 or if disclosure of the information would adversely affect any

23-35 pending investigation concerning a report.

23-36 4. Upon petition, a court of competent jurisdiction may

23-37 authorize the disclosure of additional information to the public

23-38 pursuant to subsection 2 if good cause is shown by the petitioner for

23-39 the disclosure of the additional information.

23-40 5. An agency investigating a report of the abuse or neglect of a

23-41 child shall, upon request, provide to a person named in the report as

23-42 allegedly causing the abuse or neglect of the child:

23-43 (a) A copy of:

24-1 (1) Any statement made in writing to an investigator for the

24-2 agency by the person named in the report as allegedly causing the

24-3 abuse or neglect of the child; or

24-4 (2) Any recording made by the agency of any statement made

24-5 orally to an investigator for the agency by the person named in the

24-6 report as allegedly causing the abuse or neglect of the child; or

24-7 (b) A written summary of the allegations made against the

24-8 person who is named in the report as allegedly causing the abuse or

24-9 neglect of the child. The summary must not identify the person

24-10 responsible for reporting the alleged abuse or neglect.

24-11 6. An agency which provides protective services shall disclose

24-12 the identity of a person who makes a report or otherwise initiates an

24-13 investigation pursuant to this chapter if a court, after reviewing the

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

24-15 the person knowingly made a false report, orders the disclosure.

24-16 7. Any person, except for:

24-17 (a) The subject of a report;

24-18 (b) A district attorney or other law enforcement officer initiating

24-19 legal proceedings; or

24-20 (c) An employee of the division of parole and probation of the

24-21 department of motor vehicles and public safety making a

24-22 presentence investigation and report to the district court pursuant to

24-23 NRS 176.135 [,] or making a general investigation and report

24-24 pursuant to section 3 of this act,

24-25 who is given access, pursuant to subsection 1 or 2, to information

24-26 identifying the subjects of a report and who makes this information

24-27 public is guilty of a misdemeanor.

24-28 8. The division of child and family services shall adopt

24-29 regulations to carry out the provisions of this section.

24-30 Sec. 29.6. Section 15 of Senate Bill No. 148 of this session is hereby

24-31 amended to read as follows:

24-32 Sec. 15. 1. This section and sections 1 to 11, inclusive, and

24-33 13 and 14 of this act become effective on October 1, 1999.

24-34 2. Section 11 of this act expires by limitation on June 30, 2001.

24-35 [3. Section 12 of this act becomes effective on July 1, 2001.]

24-36 Sec. 30. Section 12 of Senate Bill No. 148 of this session and sections

24-37 1, 3, 5 and 6 of Senate Bill No. 232 of this session are hereby repealed.

24-38 Sec. 31. 1. This section and sections 1 to 12, inclusive, 14 to 20,

24-39 inclusive, and 22 to 30, inclusive, of this act become effective on July 1,

24-40 1999.

25-1 2. Section 13 of this act becomes effective upon the division of child

25-2 and family services of the department of human resources being notified of

25-3 the creation of three or more local advisory boards to expedite proceedings

25-4 for the placement of children pursuant to section 14 of this act.

25-5 3. Sections 20 and 29.5 of this act expire by limitation on June 30,

25-6 2001.

25-7 4. Section 21 of this act becomes effective at 12:02 a.m. on July 1,

25-8 2001.

25-9 TEXT OF REPEALED SECTIONS

25-10 Section 12 of Senate Bill No. 148 of this session:

25-11 Sec. 12. NRS 432B.290 is hereby amended to read as follows:

25-12 432B.290 1. Except as otherwise provided in subsection 2,

25-13 data or information concerning reports and investigations thereof

25-14 made pursuant to this chapter may be made available only to:

25-15 (a) A physician who has before him a child who he reasonably

25-16 believes may have been abused or neglected;

25-17 (b) A person authorized to place a child in protective custody, if

25-18 he has before him a child who he reasonably believes may have

25-19 been abused or neglected and he requires the information to

25-20 determine whether to place the child in protective custody;

25-21 (c) An agency, including, without limitation, an agency in

25-22 another jurisdiction, responsible for or authorized to undertake the

25-23 care, treatment or supervision of:

25-24 (1) The child; or

25-25 (2) The person responsible for the welfare of the child;

25-26 (d) A district attorney or other law enforcement officer who

25-27 requires the information in connection with an investigation or

25-28 prosecution of abuse or neglect of a child;

25-29 (e) A court, for in camera inspection only, unless the court

25-30 determines that public disclosure of the information is necessary for

25-31 the determination of an issue before it;

25-32 (f) A person engaged in bona fide research or an audit, but

25-33 information identifying the subjects of a report must not be made

25-34 available to him;

25-35 (g) The guardian ad litem of the child;

25-36 (h) A grand jury upon its determination that access to these

25-37 records is necessary in the conduct of its official business;

26-1 (i) An agency which provides protective services or which is

26-2 authorized to receive, investigate and evaluate reports of abuse or

26-3 neglect of a child;

26-4 (j) A team organized for the protection of a child pursuant to

26-5 NRS 432B.350;

26-6 (k) A parent or legal guardian of the child, if the identity of the

26-7 person responsible for reporting the alleged abuse or neglect of the

26-8 child to a public agency is kept confidential;

26-9 (l) The person named in the report as allegedly being abused or

26-10 neglected, if he is not a minor or otherwise legally incompetent;

26-11 (m) An agency that is authorized by law to license foster homes

26-12 or facilities for children or to investigate persons applying for

26-13 approval to adopt a child, if the agency has before it an application

26-14 for that license or is investigating an applicant to adopt a child;

26-15 (n) Upon written consent of the parent, any officer of this state

26-16 or a city or county thereof or legislator authorized, by the agency or

26-17 department having jurisdiction or by the legislature, acting within

26-18 its jurisdiction, to investigate the activities or programs of an

26-19 agency that provides protective services if:

26-20 (1) The identity of the person making the report is kept

26-21 confidential; and

26-22 (2) The officer, legislator or a member of his family is not the

26-23 person alleged to have committed the abuse or neglect; or

26-24 (o) The division of parole and probation of the department of

26-25 motor vehicles and public safety for use pursuant to NRS 176.135

26-26 in making a presentence investigation and report to the district court

26-27 [.] or pursuant to section 3 of this act in making a general

26-28 investigation and report.

26-29 2. An agency investigating a report of the abuse or neglect of a

26-30 child shall, upon request, provide to a person named in the report as

26-31 allegedly causing the abuse or neglect of the child:

26-32 (a) A copy of:

26-33 (1) Any statement made in writing to an investigator for the

26-34 agency by the person named in the report as allegedly causing the

26-35 abuse or neglect of the child; or

26-36 (2) Any recording made by the agency of any statement made

26-37 orally to an investigator for the agency by the person named in the

26-38 report as allegedly causing the abuse or neglect of the child; or

26-39 (b) A written summary of the allegations made against the

26-40 person who is named in the report as allegedly causing the abuse or

26-41 neglect of the child. The summary must not identify the person

26-42 responsible for reporting the alleged abuse or neglect.

26-43 3. Any person, except for

26-44 :

27-1 (a) The subject of a report;

27-2 (b) A district attorney or other law enforcement officer initiating

27-3 legal proceedings; or

27-4 (c) An employee of the division of parole and probation of the

27-5 department of motor vehicles and public safety making a

27-6 presentence investigation and report to the district court pursuant to

27-7 NRS 176.135 [,] or making a general investigation and report

27-8 pursuant to section 3 of this act,

27-9 who is given access, pursuant to subsection 1, to information

27-10 identifying the subjects of a report and who makes this information

27-11 public is guilty of a misdemeanor.

27-12 4. The division of child and family services shall adopt

27-13 regulations to carry out the provisions of this section.

27-14 Sections 1, 3, 5 and 6 of Senate Bill No. 232 of this session:

27-15 Section 1. Chapter 127 of NRS is hereby amended by adding

27-16 thereto a new section to read as follows:

27-19 free care together with his siblings.

27-20 Sec. 3. NRS 127.220 is hereby amended to read as follows:

27-21 127.220 As used in NRS [127.230] 127.220 to 127.310,