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. NRS 128.105 is hereby amended to read as follows:

1-2 128.105 The primary consideration in any proceeding to terminate

1-15 (c) Unfitness of the parent;

2-1 (d) Failure of parental adjustment;

2-2 (e) Risk of serious physical, mental or emotional injury to the child if he

2-3 were returned to, or remains in, the home of his parent or parents;

2-4 (f) Only token efforts by the parent or parents:

2-5 (1) To support or communicate with the child;

2-6 (2) To prevent neglect of the child;

2-7 (3) To avoid being an unfit parent; or

2-8 (4) To eliminate the risk of serious physical, mental or emotional

2-9 injury to the child; or

2-10 (g) With respect to termination of the parental rights of one parent, the

2-11 abandonment by that parent.

2-12 Sec. 2. NRS 128.109 is hereby amended to read as follows:

2-13 128.109 1. If a child has been placed outside of his home pursuant to

2-33 provide services to the family.

2-34 Sec. 3. NRS 432.100 is hereby amended to read as follows:

2-35 432.100 1. There is hereby established a statewide central registry

2-42 the report;

3-1 (b) Statistical information on the protective services provided in this

3-2 state; and

3-3 (c) Any other information which the division determines to be in

3-4 furtherance of NRS 432.100 to 432.130, inclusive, and 432B.010 to

3-5 432B.400, inclusive [.] , and sections 5 and 6 of this act.

3-6 3. The division may designate a county hospital in each county whose

3-7 population is 100,000 or more as a regional registry for the collection of

3-8 information concerning the abuse or neglect of a child.

3-9 Sec. 4. Chapter 432B of NRS is hereby amended by adding thereto

3-10 the provisions set forth as sections 5 and 6 of this act.

3-11 Sec. 5. The division of child and family services shall:

3-12 1. Establish a panel comprised of volunteer members to evaluate the

3-13 extent to which agencies which provide protective services are effectively

3-14 discharging their responsibilities for the protection of children.

3-15 2. Adopt regulations to carry out this section, which must include the

3-16 imposition of appropriate restrictions on the disclosure of information

3-17 obtained by the panel and civil sanctions for the violation of those

3-18 restrictions.

3-19 Sec. 6. 1. Except as otherwise provided in this section, an agency

3-20 which provides protective services shall make reasonable efforts to

3-21 preserve and reunify the family of a child to prevent or eliminate the

3-22 need for his removal from his home and to make it possible for his safe

3-23 return to his home.

3-24 2. In determining the reasonable efforts required by subsection 1, the

3-25 health and safety of the child must be the paramount concern. The

3-26 agency which provides protective services may make reasonable efforts to

3-27 place the child for adoption or with a legal guardian concurrently with

3-28 making the reasonable efforts required pursuant to subsection 1. If the

3-29 court or the agency which provides protective services determines that

3-30 continuation of the reasonable efforts required by subsection 1 is

3-31 inconsistent with the plan for the permanent placement of the child, the

3-32 agency shall make reasonable efforts to place the child in a timely

3-33 manner in accordance with that plan and to complete whatever actions

3-34 are necessary to finalize the permanent placement of the child.

3-35 3. An agency which provides protective services is not required to

3-36 make the reasonable efforts required by subsection 1 if the court finds

3-37 that:

3-38 (a) A parent or other primary caretaker of the child has:

3-39 (1) Committed, aided or abetted in the commission of, or attempted,

3-40 conspired or solicited to commit murder or voluntary manslaughter;

3-41 (2) Caused or allowed the abuse or neglect of the child, or of

3-42 another child of the parent or primary caretaker, which resulted in

3-43 substantial bodily harm to the abused or neglected child;

4-1 (3) Caused or allowed the abuse or neglect of the child, a sibling of

4-2 the child or another child in the household, and the abuse or neglect was

4-3 so extreme or repetitious as to indicate that any plan to return the child to

4-4 his home would result in an unacceptable risk to the health or welfare of

4-5 the child; or

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

4-7 parent of the child is unknown and cannot be ascertained through

4-8 reasonable efforts;

4-9 (b) A parent of the child has, for the previous 6 months, had the

4-10 ability to contact or communicate with the child and made no more than

4-11 token efforts to do so;

4-12 (c) The parental rights of a parent to a sibling of the child have been

4-13 terminated by a court order upon any basis other than the execution of a

4-14 voluntary relinquishment of those rights by a natural parent, and the

4-15 court order is not currently being appealed;

4-16 (d) The child or a sibling of the child was previously removed from his

4-17 home, adjudicated to have been abused or neglected, returned to his

4-18 home and subsequently removed from his home as a result of additional

4-19 abuse or neglect; or

4-20 (e) The child is less than 1 year of age, the father of the child is not

4-21 married to the mother of the child and the father of the child:

4-22 (1) Has failed within 30 days after learning of the birth of the child,

4-23 to visit the child, to commence proceedings to establish his paternity of

4-24 the child or to provide financial support for the child; or

4-25 (2) Is entitled to seek custody of the child but fails to do so within 30

4-26 days after learning that the child was placed in foster care.

4-27 Sec. 7. NRS 432B.280 is hereby amended to read as follows:

4-28 432B.280 1. Reports made pursuant to this chapter, as well as all

4-38 is guilty of a misdemeanor.

4-39 Sec. 8. NRS 432B.290 is hereby amended to read as follows:

4-40 432B.290 1. Except as otherwise provided in [subsection 2 or 5,]

4-43 only to:

5-1 (a) A physician who has before him a child who he reasonably believes

5-2 may have been abused or neglected;

5-3 (b) A person authorized to place a child in protective custody, if he has

5-4 before him a child who he reasonably believes may have been abused or

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

5-6 the child in protective custody;

5-7 (c) An agency, including, without limitation, an agency in another

5-8 jurisdiction, responsible for or authorized to undertake the care, treatment

5-9 or supervision of:

5-10 (1) The child; or

5-11 (2) The person responsible for the welfare of the child;

5-12 (d) A district attorney or other law enforcement officer who requires the

5-13 information in connection with an investigation or prosecution of the abuse

5-14 or neglect of a child;

5-15 (e) A court, for in camera inspection only, unless the court determines

5-16 that public disclosure of the information is necessary for the determination

5-17 of an issue before it;

5-18 (f) A person engaged in bona fide research or an audit, but information

5-19 identifying the subjects of a report must not be made available to him;

5-20 (g) The attorney and the guardian ad litem of the child;

5-21 (h) A grand jury upon its determination that access to these records is

5-22 necessary in the conduct of its official business;

5-23 (i) [An agency which provides protective services or which is

5-24 authorized to receive, investigate and evaluate reports of abuse or neglect

5-25 of a child;] A federal, state or local governmental entity, or an agency of

5-26 such an entity, that needs access to the information to carry out its legal

5-27 responsibilities to protect children from abuse and neglect;

5-28 (j) A person who or an organization that has entered into a written

5-29 agreement with an agency which provides protective services to provide

5-30 assessments or services and that has been trained to make such assessments

5-31 or provide such services;

5-32 (k) A team organized pursuant to NRS 432B.350 for the protection of a

5-33 child ; [pursuant to NRS 432B.350;]

5-34 (l) A team organized pursuant to NRS 432B.405 to review the death of

5-35 a child;

5-36 (m) A parent or legal guardian of the child, if the identity of the person

5-37 responsible for reporting the alleged abuse or neglect of the child to a

5-38 public agency is kept confidential;

5-39 (n) The [person named in the report as allegedly being abused or

5-40 neglected, if he is not a minor or otherwise legally incompetent;] persons

5-41 who are the subject of a report;

5-42 (o) An agency that is authorized by law to license foster homes or

5-43 facilities for children or to investigate persons applying for approval to

6-1 adopt a child, if the agency has before it an application for that license or is

6-2 investigating an applicant to adopt a child;

6-3 (p) Upon written consent of the parent, any officer of this state or a city

6-4 or county thereof or legislator authorized by the agency or department

6-5 having jurisdiction or by the legislature, acting within its jurisdiction, to

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

6-7 services if:

6-8 (1) The identity of the person making the report is kept confidential;

6-9 and

6-10 (2) The officer, legislator or a member of his family is not the person

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

6-12 (q) The division of parole and probation of the department of motor

6-13 vehicles and public safety for use pursuant to NRS 176.135 in making a

6-14 presentence investigation and report to the district court; [or]

6-15 (r) Any person who is required pursuant to NRS 432B.220 to make a

6-16 report to an agency which provides protective services or to a law

6-17 enforcement agency [.] ; or

6-18 (s) The panel established pursuant to section 5 of this act to evaluate

6-19 agencies which provide protective services.

6-20 2. Except as otherwise provided in subsection 3, data or information

6-21 concerning reports and investigations thereof made pursuant to this chapter

6-22 may be made available to any member of the general public if the child

6-23 who is the subject of [the] a report dies or is critically injured as a result of

6-24 alleged abuse or neglect, except that the data or information which may be

6-25 disclosed is limited to:

6-26 (a) The fact that a report of abuse or neglect has been made and, if

6-27 appropriate, a factual description of the contents of the report;

6-28 (b) Whether an investigation has been initiated pursuant to NRS

6-29 432B.260, and the result of a completed investigation; and

6-30 (c) Such other information as is authorized for disclosure by a court

6-31 pursuant to subsection 4.

6-32 3. An agency which provides protective services shall not disclose data

6-33 or information pursuant to subsection 2 if the agency determines that the

6-34 disclosure is not in the best interests of the child or if disclosure of the

6-35 information would adversely affect any pending investigation concerning

6-36 [the] a report.

6-37 4. Upon petition, a court of competent jurisdiction may authorize the

6-38 disclosure of additional information to the public pursuant to subsection 2

6-39 if good cause is shown by the petitioner for the disclosure of the additional

6-40 information.

6-41 5. An agency investigating a report of the abuse or neglect of a child

6-42 shall, upon request, provide to a person named in the report as allegedly

6-43 causing the abuse or neglect of the child:

7-1 (a) A copy of:

7-2 (1) Any statement made in writing to an investigator for the agency

7-3 by the person named in the report as allegedly causing the abuse or neglect

7-4 of the child; or

7-5 (2) Any recording made by the agency of any statement made orally

7-6 to an investigator for the agency by the person named in the report as

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

7-8 (b) A written summary of the allegations made against the person who

7-9 is named in the report as allegedly causing the abuse or neglect of the

7-10 child. The summary must not identify the person responsible for reporting

7-11 the alleged abuse or neglect.

7-12 6. An agency which provides protective services shall disclose the

7-13 identity of a person who makes a report or otherwise initiates an

7-14 investigation pursuant to this chapter if a court, after reviewing the

7-15 record in camera and determining that there is reason to believe that the

7-16 person knowingly made a false report, orders the disclosure.

7-17 7. Any person, except for:

7-18 (a) The subject of a report;

7-19 (b) A district attorney or other law enforcement officer initiating legal

7-20 proceedings; or

7-21 (c) An employee of the division of parole and probation of the

7-22 department of motor vehicles and public safety making a presentence

7-23 investigation and report to the district court pursuant to NRS 176.135,

7-24 who is given access, pursuant to subsection 1 or 2, to information

7-25 identifying the subjects of a report who makes this information public is

7-26 guilty of a misdemeanor.

7-27 [7.] 8. The division of child and family services shall adopt regulations

7-28 to carry out the provisions of this section.

7-29 Sec. 9. NRS 432B.290 is hereby amended to read as follows:

7-30 432B.290 1. Except as otherwise provided in [subsection 2,]

7-43 (1) The child; or

8-1 (2) The person responsible for the welfare of the child;

8-2 (d) A district attorney or other law enforcement officer who requires the

8-3 information in connection with an investigation or prosecution of the abuse

8-4 or neglect of a child;

8-5 (e) A court, for in camera inspection only, unless the court determines

8-6 that public disclosure of the information is necessary for the determination

8-7 of an issue before it;

8-8 (f) A person engaged in bona fide research or an audit, but information

8-9 identifying the subjects of a report must not be made available to him;

8-10 (g) The attorney and the guardian ad litem of the child;

8-11 (h) A grand jury upon its determination that access to these records is

8-12 necessary in the conduct of its official business;

8-13 (i) [An agency which provides protective services or which is

8-14 authorized to receive, investigate and evaluate reports of abuse or neglect

8-15 of a child;] A federal, state or local governmental entity, or an agency of

8-16 such an entity, that needs access to the information to carry out its legal

8-17 responsibilities to protect children from abuse and neglect;

8-18 (j) A team organized pursuant to NRS 432B.350 for the protection of a

8-19 child ; [pursuant to NRS 432B.350;]

8-20 (k) A team organized pursuant to NRS 432B.405 to review the death

8-21 of a child;

8-22 (l) A parent or legal guardian of the child, if the identity of the person

8-23 responsible for reporting the alleged abuse or neglect of the child to a

8-24 public agency is kept confidential;

8-25 [(l) The person named in the report as allegedly being abused or

8-26 neglected, if he is not a minor or otherwise legally incompetent;]

8-27 (m) The persons who are the subject of a report;

8-28 (n) An agency that is authorized by law to license foster homes or

8-29 facilities for children or to investigate persons applying for approval to

8-30 adopt a child, if the agency has before it an application for that license or is

8-31 investigating an applicant to adopt a child;

8-32 [(n)] (o) Upon written consent of the parent, any officer of this state or a

8-33 city or county thereof or legislator authorized, by the agency or department

8-34 having jurisdiction or by the legislature, acting within its jurisdiction, to

8-35 investigate the activities or programs of an agency that provides protective

8-36 services if:

8-37 (1) The identity of the person making the report is kept confidential;

8-38 and

8-39 (2) The officer, legislator or a member of his family is not the person

8-40 alleged to have committed the abuse or neglect; [or

8-41 (o)] (p) The division of parole and probation of the department of motor

8-42 vehicles and public safety for use pursuant to NRS 176.135 in making a

8-43 presentence investigation and report to the district court [.] ; or

9-1 (q) The panel established pursuant to section 5 of this act to evaluate

9-2 agencies which provide protective services.

9-3 2. An agency investigating a report of the abuse or neglect of a child

9-4 shall, upon request, provide to a person named in the report as allegedly

9-5 causing the abuse or neglect of the child:

9-6 (a) A copy of:

9-7 (1) Any statement made in writing to an investigator for the agency

9-8 by the person named in the report as allegedly causing the abuse or neglect

9-9 of the child; or

9-10 (2) Any recording made by the agency of any statement made orally

9-11 to an investigator for the agency by the person named in the report as

9-12 allegedly causing the abuse or neglect of the child; or

9-13 (b) A written summary of the allegations made against the person who

9-14 is named in the report as allegedly causing the abuse or neglect of the

9-15 child. The summary must not identify the person responsible for reporting

9-16 the alleged abuse or neglect.

9-17 3. An agency which provides protective services shall disclose the

9-18 identity of a person who makes a report or otherwise initiates an

9-19 investigation pursuant to this chapter if a court, after reviewing the

9-20 record in camera and determining that there is reason to believe that the

9-21 person knowingly made a false report, orders the disclosure.

9-22 4. Any person, except for:

9-23 (a) The subject of a report;

9-24 (b) A district attorney or other law enforcement officer initiating legal

9-25 proceedings; or

9-26 (c) An employee of the division of parole and probation of the

9-27 department of motor vehicles and public safety making a presentence

9-28 investigation and report to the district court pursuant to NRS 176.135,

9-29 who is given access, pursuant to subsection 1, to information identifying

9-30 the subjects of a report who makes this information public is guilty of a

9-31 misdemeanor.

9-32 [4.] 5. The division of child and family services shall adopt regulations

9-33 to carry out the provisions of this section.

9-34 Sec. 10. NRS 432B.395 is hereby amended to read as follows:

9-35 432B.395 An agency which provides protective services shall submit

9-40 of the child to his home.]

9-41 Sec. 11. NRS 432B.540 is hereby amended to read as follows:

9-42 432B.540 1. If the court finds that the allegations of the petition are

9-43 true, it shall order that a report be made in writing by an agency which

10-1 provides protective services, concerning the conditions in the child’s place

10-2 of residence, the child’s record in school, the mental, physical and social

10-3 background of his family, its financial situation and other matters relevant

10-4 to the case.

10-5 2. If the agency believes that it is necessary to remove the child from

10-6 the physical custody of his parents, it must submit with the report a plan

10-7 designed to achieve a placement of the child in a safe setting as near to the

10-8 residence of his parent as is consistent with the best interests and special

10-9 needs of the child. The plan must include:

10-10 (a) A description of the type , safety and appropriateness of the home or

10-11 institution in which the child could be placed, a plan for [assuring]

10-12 ensuring that he would receive safe and proper care and a description of

10-13 his needs;

10-14 (b) A description of the services to be provided to the child and to a

10-15 parent to facilitate the return of the child to the custody of his parent or to

10-16 [assure] ensure his permanent placement;

10-17 (c) The appropriateness of the services to be provided under the plan;

10-18 and

10-19 (d) A description of how the order of the court will be carried out.

10-20 3. If the child is not residing in his home, the agency shall include as a

10-21 part of the plan for the permanent placement of the child, established

10-22 pursuant to NRS 432B.590, a recommendation to terminate parental rights

10-23 unless it determines that initiating a petition for the termination of parental

10-24 rights is not in the best interests of the child. If the agency conclusively

10-25 determines that initiating a petition for the termination of parental rights is

10-26 not in the best interests of the child, it shall include a full explanation of

10-27 the basis for the determination as part of the plan.

10-28 Sec. 12. NRS 432B.550 is hereby amended to read as follows:

10-29 432B.550 1. If the court finds that [the] a child is in need of

10-43 case, upon such conditions as the court may prescribe;

11-1 (c) Place him in the temporary custody of a public agency or institution

11-2 authorized to care for children, the local juvenile probation department, the

11-3 local department of juvenile services or a private agency or institution

11-4 licensed by the department of human resources to care for such a child; or

11-5 (d) Commit him to the custody of the superintendent of the northern

11-6 Nevada children’s home or the superintendent of the southern Nevada

11-7 children’s home, in accordance with chapter 423 of NRS.

11-8 In carrying out this subsection, the court may, in its sole discretion,

11-9 consider an application pursuant to chapter 159 of NRS for the

11-10 guardianship of the child. If the court grants such an application, it may

11-11 retain jurisdiction of the case or transfer the case to another court of

11-12 competent jurisdiction.

11-13 2. If, pursuant to subsection 1, a child is placed other than with a

11-14 parent, the parent retains the right to consent to adoption, to determine the

11-15 child’s religious affiliation and to reasonable visitation, unless restricted by

11-16 the court. If the custodian of the child interferes with these rights, the

11-17 parent may petition the court for enforcement of his rights.

11-18 3. If, pursuant to subsection 1, the child is to be placed with a relative,

11-19 the court may consider, among other factors, whether the child has resided

11-20 with a particular relative for 3 years or more before the incident which

11-21 brought the child to the court’s attention.

11-22 4. A copy of the report prepared for the court by the agency which

11-23 provides protective services must be sent to the custodian and the parent or

11-24 legal guardian.

11-25 5. In determining the placement of a child pursuant to this section, if

11-26 the child is not permitted to remain in the custody of his parents or

11-27 guardian, preference must be given to any person related within the third

11-28 degree of consanguinity to the child who is suitable and able to provide

11-29 proper care and guidance for the child, regardless of whether the relative

11-30 resides within this state. If a child is placed with any person who resides

11-31 outside of this state, the placement must be in accordance with NRS

11-32 127.330.

11-33 Sec. 13. NRS 432B.580 is hereby amended to read as follows:

11-34 432B.580 1. Except as otherwise provided in this section, if a child

11-43 includes an evaluation of the progress of the child and his family and any

12-1 recommendations for further supervision, treatment or rehabilitation. A

12-2 copy of the report must be given to the parents, the guardian ad litem and

12-3 the attorney, if any, representing the parent or the child.

12-4 3. The court or the panel shall hold a hearing to review the placement,

12-5 unless the parent, guardian or [the] custodian files a motion with the court

12-6 to dispense with the hearing. If the motion is granted, the court or panel

12-7 may make its determination from any report, statement or other

12-8 information submitted to it.

12-9 4. Notice of the hearing must be given by registered or certified mail

12-10 to [all parties of] :

12-11 (a) All of the parties to any of the prior proceedings [,] ; and

12-12 (b) Any persons planning to adopt the child, relatives or providers of

12-13 foster care who are currently providing care to the child,

12-14 except a parent whose rights have been terminated pursuant to chapter 128

12-15 of NRS or who has voluntarily relinquished the child for adoption pursuant

12-16 to NRS 127.040.

12-17 5. The court or panel may require the presence of the child at the

12-18 hearing [.] and shall provide to each person to whom notice was given

12-19 pursuant to subsection 4 an opportunity to be heard at the hearing.

12-20 6. The court or panel shall review:

12-21 (a) The continuing necessity for and appropriateness of the placement;

12-22 (b) The extent of compliance with the plan submitted pursuant to

12-23 subsection 2 of NRS 432B.540;

12-24 (c) Any progress which has been made in alleviating the problem which

12-25 resulted in the placement of the child; and

12-26 (d) The date the child may be returned to and safely maintained in his

12-27 home or placed for adoption or under a legal guardianship.

12-28 7. The provision of notice and an opportunity to be heard pursuant

12-29 to this section does not cause any person planning to adopt the child,

12-30 relative or provider of foster care to become a party to the hearing.

12-31 Sec. 14. NRS 432B.590 is hereby amended to read as follows:

12-32 432B.590 1. Except as otherwise provided in NRS 432B.600, the

12-33 court shall hold a hearing concerning the permanent placement of the child

12-34 [no] :

12-35 (a) Not later than [18] 12 months after the [most recent] initial removal

12-36 of the child from his home and annually thereafter.

12-37 (b) Within 30 days after making any of the findings set forth in

12-38 subsection 3 of section 6 of this act.

12-39 Notice of this hearing must be given by registered or certified mail to all

12-40 [parties of the dispositional proceeding, except a parent whose rights have

12-41 been terminated pursuant to chapter 128 of NRS or who has voluntarily

12-42 relinquished the child for adoption pursuant to NRS 127.040.] of the

13-1 persons to whom notice must be given pursuant to subsection 4 of NRS

13-2 432B.580.

13-3 2. The court may require the presence of the child at the hearing [.]

13-4 and shall provide to each person to whom notice was given pursuant to

13-5 subsection 1 an opportunity to be heard at the hearing.

13-6 3. At the hearing the court shall establish a plan for the permanent

13-7 placement of the child and determine whether:

13-8 (a) The child should be returned to his parents or other relatives;

13-9 (b) The child’s placement in the foster home or other similar institution

13-10 should be continued; or

13-11 (c) [In] It is in the best interests of the child [,] to initiate proceedings

13-12 to:

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

13-14 the child can be placed for adoption; or

13-15 (2) Establish a guardianship pursuant to chapter 159 of NRS . [,

13-16 should be initiated.]

13-17 4. If a child has been placed outside his home and has resided outside

13-18 his home pursuant to that placement for [18] 15 months of any [24] 22

13-19 consecutive months, the best interests of the child must be presumed to be

13-20 served by the termination of parental rights.

13-21 5. This hearing may take the place of the hearing for review required

13-22 by NRS 432B.580.

13-23 6. The provision of notice and an opportunity to be heard pursuant

13-24 to this section does not cause any person planning to adopt the child,

13-25 relative or provider of foster care to become a party to the hearing.

13-26 Sec. 15. 1. This section and sections 1 to 8, inclusive, and 10 to 14,

13-27 inclusive, of this act become effective upon passage and approval.

13-28 2. Section 8 of this act expires by limitation on June 30, 2001.

13-29 3. Section 9 of this act becomes effective at 12:02 a.m. on July 1,

13-30 2001.