Assembly Bill No. 531–Committee on Health
and Human Services
March 15, 1999
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Referred to Committee on Health and Human Services
SUMMARY—Clarifies and limits liability of certain persons who provide foster care for children in their care. (BDR 38-1637)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 424 of NRS is hereby amended by adding thereto a1-2
new section to read as follows:1-3
1. Except as otherwise provided by specific statute, a person who is1-4
licensed by the division pursuant to NRS 424.030 to conduct a family1-5
foster home or group foster home is not liable for any act of a child in his1-6
foster care unless the person licensed by the division took an affirmative1-7
action that contributed to the act of the child.1-8
2. The immunity from liability provided pursuant to this section1-9
includes, without limitation, immunity from any fine, penalty, debt or1-10
other liability incurred as a result of the act of the child.1-11
Sec. 2. NRS 424.090 is hereby amended to read as follows: 424.090 The provisions of NRS 424.010 to 424.100, inclusive, and1-13
section 1 of this act do not apply to homes in which:1-14
1. Care is provided only for a neighbor’s or friend’s child on an1-15
irregular or occasional basis for a brief period, not to exceed 90 days.1-16
2. Care is provided by the legal guardian.1-17
3. Care is provided for an exchange student.2-1
4. Care is provided to enable a child to take advantage of educational2-2
facilities that are not available in his home community.2-3
5. Any child or children are received, cared for and maintained2-4
pending completion of proceedings for adoption of such child or children,2-5
except as otherwise provided in NRS 127.2815.2-6
Sec. 3. NRS 41.470 is hereby amended to read as follows: 41.470 1.2-8
act, any act of willful misconduct of a minor which results in any injury or2-9
death to another person or injury to the private property of another or to2-10
public property is imputed to the parents or guardian having custody and2-11
control of the minor for all purposes of civil damages, and the parents or2-12
guardian having custody or control are jointly and severally liable with the2-13
minor for all damages resulting from the willful misconduct.2-14
2. The joint and several liability of one or both parents or guardian2-15
having custody or control of a minor under this section2-16
exceed $10,000 for any such act of willful misconduct of the minor.2-17
3. The liability imposed by this section is in addition to any other2-18
liability2-19
Sec. 4. NRS 62.085 is hereby amended to read as follows: 62.085 1. If a child is alleged to be delinquent or in need of2-21
supervision, the child and his parents, guardian or custodian must be2-22
advised by the court or its representative that the child is entitled to be2-23
represented by an attorney at all stages of the proceedings, unless waived.2-24
If indigent, the parent, guardian or custodian of the child may request the2-25
appointment of an attorney to represent the child pursuant to the provisions2-26
in NRS 171.188. If not indigent and:2-27
(a) An attorney is not retained for the child; or2-28
(b) It does not appear that an attorney will be retained,2-29
an attorney must be appointed for the child, unless waived.2-30
2.2-31
attorney is appointed to represent a child2-32
(a) The parents of that child shall pay the reasonable fees and expenses2-33
of the attorney unless they are indigent2-34
(b) If the parents of the child are indigent, the court may require the2-35
parent2-36
county or state in accordance with his ability to pay.2-37
3. The parent, guardian or custodian may be represented by an attorney2-38
at all stages of the proceedings. In no case may an attorney be appointed for2-39
him unless the court makes written findings that such an appointment is2-40
required in the interest of justice and specifying the reasons thereof.2-41
4. Each attorney, other than a public defender,2-42
provisions of this section3-1
expenses from the county as provided in NRS 7.125 and 7.135 for3-2
attorneys appointed to represent persons charged with crimes.3-3
Sec. 5. NRS 392.210 is hereby amended to read as follows: 392.2103-5
1. Except as otherwise provided in subsection 2, a parent, guardian or3-6
other person who has control or charge of any child and to whom notice has3-7
been given of the child’s truancy as provided in NRS 392.130 and 392.140,3-8
and who fails to prevent the child’s subsequent truancy within that school3-9
year, is guilty of a misdemeanor.3-10
2. A person who is licensed by the division of child and family3-11
services of the department of human resources pursuant to NRS 424.0303-12
to conduct a family foster home or group foster home is liable pursuant3-13
to subsection 1 for a child in his foster care only if the person has3-14
received notice of the truancy of the child as provided in NRS 392.1303-15
and 392.140, and negligently fails to prevent the subsequent truancy of3-16
the child within that school year.3-17
Sec. 6. The amendatory provisions of this act do not affect any3-18
liability of a person incurred:3-19
1. Before October 1, 1999; or3-20
2. As a result of any act committed by a child before October 1, 1999.~