Assembly Amendment to Assembly Bill No. 158 (BDR 11-475)
Proposed by: Committee on Judiciary
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering sections 2 through 4 as sections 3 through 5 and adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. NRS 127.150 is hereby amended to read as follows:
When determining whether the best interests of the child warrant the granting of a petition that is filed by a foster parent, the court shall give strong consideration to the emotional bond between the child and the foster parent. A copy of the order or decree must be sent to the nearest office of the division by the petitioners within 7 days after the order or decree is issued. In the decree the court may change the name of the child, if desired. No order or decree of adoption may be made until after the child has lived for 6 months in the home of the petitioners.2. If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and may order the child returned to the custody of the person or agency legally vested with custody.
3. After a petition for adoption has been granted, there is a presumption that remaining in the home of the adopting parent is in the child’s best interest.".
Amend the bill as a whole by renumbering sections 5 through 7 as sections 8 through 10 and adding new sections designated sections 6 and 7, following sec. 4, to read as follows:
"Sec. 6. NRS 128.105 is hereby amended to read as follows:
the termination of parental rights must be made in light of the considerations set forth in this section and NRS 128.106 to 128.109, inclusive, and based on evidence and include a finding that:1. The best interests of the child would be served by the termination of parental rights; and
2. The conduct of the parent or parents
was the basis for a finding made pursuant to subsection 3 of section 18 of this act or demonstrated at least one of the following:(a) Abandonment of the child;
(b) Neglect of the child;
(c) Unfitness of the parent;
(d) Failure of parental adjustment;
(e) Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;
(f) Only token efforts by the parent or parents:
(1) To support or communicate with the child;
(2) To prevent neglect of the child;
(3) To avoid being an unfit parent; or
(4) To eliminate the risk of serious physical, mental or emotional injury to the child; or
(g) With respect to termination of the parental rights of one parent, the abandonment by that parent.
Sec. 7. NRS 128.109 is hereby amended to read as follows:
128.109 1. If a child has been placed outside
of his home pursuant to chapter 432B of NRS, the following provisions must be applied(a) If the child has resided outside
of his home pursuant to that placement for(b) If the parent or parents fail to comply substantially with the terms and conditions of a plan to reunite the family within 6 months after the date on which the child was placed or the plan was commenced, whichever occurs later, that failure to comply is evidence of failure of parental adjustment as set forth in paragraph (d) of subsection 2 of NRS 128.105.
2. If a child has been placed outside
of his home pursuant to chapter 432B of NRS and has resided outside of his home pursuant to that placement for3. The presumptions specified in subsections 1 and 2 must not be overcome or otherwise affected by evidence of failure of the state to provide services to the family.".
Amend sec. 7, page 3, line 17, by deleting "
6" and inserting "9".Amend the bill as a whole by renumbering sections 8 and 9 as sections 12 and 13 and adding a new section designated sec. 11, following sec. 7, to read as follows:
"Sec. 11. NRS 432.100 is hereby amended to read as follows:
2. The central registry must contain:
(a) The information in any report of child abuse or neglect made pursuant to NRS 432B.220, and the results, if any, of the investigation of the report;
(b) Statistical information on the protective services provided in this state; and
(c) Any other information which the division determines to be in furtherance of NRS 432.100 to 432.130, inclusive, and 432B.010 to 432B.400, inclusive
3. The division may designate a county hospital in each county whose population is 100,000 or more as a regional registry for the collection of information concerning the abuse or neglect of a child.".
Amend sec. 8, page 3, line 20 by deleting:
"9, 10 and 11" and inserting:
"13 to 18, inclusive,".
Amend sec. 9, page 3, by deleting lines 21 through 35 and inserting:
"Sec. 13.
1. The rural advisory board to expedite proceedings for the placement of children, consisting of two members from each local advisory board created by a district court pursuant to section 14 of this act, is hereby created within the division of child and family services.".Amend sec. 9, page 3, line 36, before "
board" by inserting "rural advisory".Amend sec. 9, page 3, line 37, before "
board" by inserting "rural advisory".Amend sec. 9, page 3, by deleting lines 38 through 41 and inserting:
"
during the term of a member, the district court that created the local advisory board from which the member was appointed shall appoint a person to replace that member for the reminder of the unexpired term.".Amend sec. 9, page 3, line 42, before "
board" by inserting "rural advisory".Amend sec. 9, page 4, line 3, before "
board" by inserting "rural advisory".Amend sec. 9, page 4, line 4, by deleting "
support." and inserting:"
support and shall provide any information requested by the rural advisory board to the rural advisory board within 10 working days after receiving the request for information.".Amend sec. 9, page 4, line 5, before "
board" by inserting "rural advisory".Amend sec. 9, page 4, by deleting lines 10 through 12 and inserting:
"
(c) Review the findings of each local advisory board created pursuant to section 14 of this act.(d) Prepare and make available to the public an annual report including, without limitation, a summary of the activities of the rural advisory board.".
Amend the bill as a whole by renumbering sections 10 and 11 as sections 15 and 16 and inserting a new section designated sec. 14 following sec. 9, to read as follows:
"Sec. 14.
1. The district court in each judicial district that includes a county whose population is less than 100,000 may create a local advisory board to expedite proceedings for the placement of children at the request of one or more residents of that judicial district. A resident may make such a request by petitioning the court and setting forth the reasons that the creation of a local advisory board is advisable.2. The district court shall appoint to any local advisory board it creates pursuant to this section:
(a) One member who is representative of foster parents;
(b) One member who is representative of attorneys in public or private practice;
(c) One member who is employed by the division of child and family services;
(d) One member who is either employed by the public school system and works with children on a regular basis, or works in the field of mental health and works with children on a regular basis; and
(e) One member who is a resident of the judicial district in which the local advisory board is created.
3. The district court shall provide for initial terms of each member of the local advisory board so that the terms are staggered. After the initial terms, the members of the local advisory board shall serve terms of 4 years. Any member of the local advisory board may be reappointed. If a vacancy occurs during the term of a member, the district court shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term. The district court may remove a member from the local advisory board if the member neglects his duty or commits malfeasance in office.
4. The district court shall appoint two members of the local advisory board to serve on the rural advisory board created pursuant to section 13 of this act.
5. Members of a local advisory board serve without compensation, and necessary travel and per diem expenses may not be reimbursed.
6. The division of child and family services shall provide each local advisory board with administrative support and shall provide any information requested by a local advisory board to the local advisory board within 10 working days after receiving the request for information.
7. Each local advisory board shall:
(a) At its first meeting and annually thereafter, elect a chairman from among its members.
(b) Review each case referred to it pursuant to section 15 of this act, and provide the referring court and the office of the attorney general with any recommendations to expedite the completion of the case.
(c) Twice each year, provide a report of its activities and any recommendations to expedite the completion of cases to the district court, the division of child and family services and the legislature, or the legislative commission when the legislature is not in regular session.
8. A local advisory board may review other cases as deemed appropriate by the district court.
".Amend sec. 10, page 4, line 14, by deleting "
18" and inserting "12".Amend sec. 10, page 4, by deleting lines 15 and 16 and inserting:
"
home, it shall refer the case to the local advisory board created pursuant to section 14 of this act, if such a local advisory board was created for that judicial district, to obtain".Amend sec. 10, page 4, line 17, after "
from the" by inserting "local advisory".Amend sec. 11, page 4, by deleting line 18 and inserting:
"Sec. 16.
1. To qualify for appointment as a guardian at litem pursuant".Amend sec. 11, page 4, line 19, by deleting "432B.500," and inserting:
"
432B.500 in a judicial district that includes a county whose population is less than 100,000,".Amend sec. 11, page 4, line 24, by deleting "1." and inserting "(a)".
Amend sec. 11, page 4, line 25, by deleting "2." and inserting "(b)".
Amend sec. 11, page 4, line 27, by deleting "3." and inserting "(c)".
Amend sec. 11, page 4, line 29, by deleting "4." and inserting "(d)".
Amend sec. 11, page 4, line 30, by deleting "5." and inserting "(e)".
Amend sec. 11, page 4, line 31, by deleting "
6." and inserting "(f)".Amend sec. 11, page 4, line 32, by deleting "
7." and inserting "(g)".Amend sec. 11, page 4, line 33, by deleting "
8." and inserting "(h)".Amend sec. 11, page 4, line 35, by deleting "
9." and inserting "(i)".Amend sec. 11, page 4, by deleting line 36 and inserting:
"
(j) Standards for guardians ad litem;(k) Confidentiality issues; and
".Amend sec. 11, page 4, line 37, by deleting "11." and inserting "(l)".
Amend sec. 11, between lines 37 and 38, by inserting:
"2. To qualify for appointment as a guardian ad litem pursuant to NRS 432B.500 in a judicial district that does not include a county whose population is less than 100,000, a special advocate must be qualified pursuant to the standards for training of the National Court Appointed Special Advocate Association or its successor. If such an association ceases to exist, the court shall determine the standards for training.".
Amend the bill as a whole by renumbering sections 12 and 13 as sections 20 and 21 and adding new sections designated sections 17 through 19, following sec. 11, to read as follows:
"Sec. 17. The division of child and family services shall:
1. Establish a panel comprised of volunteer members to evaluate the extent to which agencies which provide protective services are effectively discharging their responsibilities for the protection of children.
2. Adopt regulations to carry out the provisions of subsection 1 which must include, without limitation, the imposition of appropriate restrictions on the disclosure of information obtained by the panel and civil sanctions for the violation of those restrictions.
Sec. 18.
1. Except as otherwise provided in this section, an agency which provides protective services shall make reasonable efforts to preserve and reunify the family of a child to prevent or eliminate the need for his removal from his home and to make it possible for his safe return to his home.2. In determining the reasonable efforts required by subsection 1, the health and safety of the child must be the paramount concern. The agency which provides protective services may make reasonable efforts to place the child for adoption or with a legal guardian concurrently with making the reasonable efforts required pursuant to subsection 1. If the court or the agency which provides protective services determines that continuation of the reasonable efforts required by subsection 1 is inconsistent with the plan for the permanent placement of the child, the agency shall make reasonable efforts to place the child in a timely manner in accordance with that plan and to complete whatever actions are necessary to finalize the permanent placement of the child.
3. An agency which provides protective services is not required to make the reasonable efforts required by subsection 1 if the court finds that:
(a) A parent or other primary caretaker of the child has:
(1) Committed, aided or abetted in the commission of, or attempted, conspired or solicited to commit murder or voluntary manslaughter;
(2) Caused the abuse or neglect of the child, or of another child of the parent or primary caretaker, which resulted in substantial bodily harm to the abused or neglected child;
(3) Caused the abuse or neglect of the child, a sibling of the child or another child in the household, and the abuse or neglect was so extreme or repetitious as to indicate that any plan to return the child to his home would result in an unacceptable risk to the health or welfare of the child; or
(4) Abandoned the child for 60 or more days, and the identity of the parent of the child is unknown and cannot be ascertained through reasonable efforts;
(b) A parent of the child has, for the previous 6 months, had the ability to contact or communicate with the child and made no more than token efforts to do so;
(c) The parental rights of a parent to a sibling of the child have been terminated by a court order upon any basis other than the execution of a voluntary relinquishment of those rights by a natural parent, and the court order is not currently being appealed;
(d) The child or a sibling of the child was previously removed from his home, adjudicated to have been abused or neglected, returned to his home and subsequently removed from his home as a result of additional abuse or neglect; or
(e) The child is less than 1 year of age, the father of the child is not married to the mother of the child and the father of the child:
(1) Has failed within 30 days after learning of the birth of the child, to visit the child, to commence proceedings to establish his paternity of the child or to provide financial support for the child; or
(2) Is entitled to seek custody of the child but fails to do so within 30 days after learning that the child was placed in foster care.
Sec. 19.
NRS 432B.280 is hereby amended to read as follows:2. Any person, law enforcement agency or public agency, institution or facility who willfully releases data or information concerning such reports and investigations, except:
(a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child; [and
(b) To persons or agencies enumerated in] or
(b) As authorized pursuant to NRS 432B.290,
is guilty of a misdemeanor.".
Amend sec. 12, page 4, line 39, by deleting:
"subsection 2 or 5," and inserting:
"[subsection 2 or 5,] subsections 2, 5 and 6,".
Amend sec. 12, page 5, by deleting lines 21 through 23 and inserting:
"(i)
Amend sec. 12, page 5, by deleting lines 35 and 36 and inserting:
"(n) The
Amend sec. 12, page 6, line 13, by deleting "or".
Amend sec. 12, page 6, line 14, after "The" by inserting "rural advisory".
Amend sec. 12, page 6, by deleting line 15 and inserting:
"
created pursuant to section 13 of this act or a local advisory board to expedite proceedings for the placement of children created pursuant to section 14 of this act; or
(t) The panel established pursuant to section 17 of this act to evaluate agencies which provide protective services.
".Amend sec. 12, page 6, line 19, by deleting "of the" and inserting "of
Amend sec. 12, page 7, line 8, after "6." by inserting:
"
An agency which provides protective services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.7.
".Amend sec. 12, page 7, line 18, by deleting "7." and inserting "
Amend sec. 13, page 7, line 21, by deleting "subsection 2," and inserting:
"
Amend sec. 13, page 8, by deleting lines 4 through 6 and inserting:
"(i)
Amend sec. 13, page 8, line 9, after "(k)" by inserting:
"
A team organized pursuant to NRS 432B.405 to review the death of a child;(l)
".Amend sec. 13, page 8, by deleting lines 12 and 13 and inserting:
"
Amend sec. 13, page 8, line 14, after "(m)" by inserting:
"
The persons who are the subject of a report;(n)
".Amend sec. 13, page 8, line 18, by deleting "(n)" and inserting "
Amend sec. 13, page 8, line 26, by deleting "
Amend sec. 13, page 8, line 27, by deleting "(o)" and inserting "
Amend sec. 13, page 8, line 29, by deleting "or".
Amend sec. 13, page 8, by deleting lines 30 and 31 and inserting:
"(q) The rural advisory board to expedite proceedings for the placement of children created pursuant to section 13 of this act or a local advisory board to expedite proceedings for the placement of children created pursuant to section 14 of this act; or
(r) The panel established pursuant to section 17 of this act to evaluate agencies which provide protective services.
".Amend sec. 13, page 9, line 5, after "3." by inserting:
"
An agency which provides protective services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.4.
".Amend sec. 13, page 9, line 15, by deleting "4." and inserting "
Amend the bill as a whole by renumbering sections 14 through 16 as sections 23 through 25 and adding a new section designated sec. 22, following sec. 13, to read as follows:
"Sec. 22. NRS 432B.395 is hereby amended to read as follows: An agency which provides protective services shall submit annually to the division of child and family services for its approval a plan to ensure that the reasonable efforts required by subsection 1 of section 18 of this act are made by that agency .
Amend sec. 14, page 9, line 21, by deleting:
"
10 and 11" and inserting:"
15 and 16".Amend sec. 15, page 10, line 8, by deleting "
"
Amend sec. 15, page 10, line 9, by deleting "
Shall, except" and inserting "Except".Amend sec. 15, page 10, line 13, by deleting "May allow" and inserting "Allow".
Amend sec. 15, page 10, line 21, after "child;" by inserting "or".
Amend sec. 15, page 10, by deleting lines 23 through 26 and inserting "
child; and".Amend sec. 16, page 10, by deleting line 38 and inserting:
"
(a) Must meet the requirements of section".Amend sec. 16, page 10, line 39, by deleting "
11" and inserting "16".Amend the bill as a whole by renumbering sec. 17 as sec. 27 and adding a new section designated sec. 26, following sec. 16, to read as follows:
"Sec. 26. NRS 432B.540 is hereby amended to read as follows: 1. If the court finds that the allegations of the petition are true, it shall order that a report be made in writing by an agency which provides protective services, concerning the conditions in the child’s place of residence, the child’s record in school, the mental, physical and social background of his family, its financial situation and other matters relevant to the case.
2. If the agency believes that it is necessary to remove the child from the physical custody of his parents, it must submit with the report a plan designed to achieve a placement of the child in a
safe setting as near to the residence of his parent as is consistent with the best interests and special needs of the child. The plan must include:(a) A description of the type
, safety and appropriateness of the home or institution in which the child could be placed, a plan for(b) A description of the services to be provided to the child and to a parent to facilitate the return of the child to the custody of his parent or to
(c) The appropriateness of the services to be provided under the plan; and
(d) A description of how the order of the court will be carried out.
3. If the child is not residing in his home, the agency shall include as a part of the plan for the permanent placement of the child, established pursuant to NRS 432B.590, a recommendation to terminate parental rights unless it determines that initiating a petition for the termination of parental rights is not in the best interests of the child. If the agency conclusively determines that initiating a petition for the termination of parental rights is not in the best interests of the child, it shall include a full explanation of the basis for the determination as part of the plan.".
Amend sec. 17, page 11, by deleting lines 30 through 32 and inserting:
"protection, it shall determine whether
Amend sec. 17, page 11, by deleting line 35 and inserting:
"(a) Permit the child to remain in the temporary or permanent custody of his parents or a guardian".
Amend sec. 17, page 11, line 37, after "court," by inserting:
"
and with or without retaining jurisdiction of the case,".Amend sec. 17, page 11, line 38, after "relative" by inserting:
"
or other person".Amend sec. 17, page 11, line 40, after "supervision," by inserting:
"
and with or without retaining jurisdiction of the case,".Amend sec. 17, page 12, between lines 5 and 6, by inserting:
"
In carrying out this subsection, the court may, in its sole discretion, consider an application pursuant to chapter 159 of NRS for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.".Amend sec. 17, page 12, line 7, by deleting "parent, the" and inserting:
"parent
(a) The".
Amend sec. 17, page 12, between lines 10 and 11, by inserting:
"
(b) The court shall set forth good cause why the child was placed other than with a parent.".Amend the bill as a whole by renumbering sec. 18 as sec. 29 and adding a new section designated sec. 28, following sec. 17, to read as follows:
"Sec. 28. NRS 432B.580 is hereby amended to read as follows:
1. Except as otherwise provided in this section, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.2. An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes an evaluation of the progress of the child and his family and any recommendations for further supervision, treatment or rehabilitation. A copy of the report must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child.
3. The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or
4. Notice of the hearing must be given by registered or certified mail to
(a) All the parties to
any of the prior proceedings(b) Any persons planning to adopt the child, relatives of the child or providers of foster care who are currently providing care to the child,
except a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.
5. The court or panel may require the presence of the child at the
hearing and shall provide to each person to whom notice was given pursuant to subsection 4 an opportunity to be heard at the hearing.6. The court or panel shall review:
(a) The continuing necessity for and appropriateness of the placement;
(b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;
(c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; and
(d) The date the child may be returned to
and safely maintained in his home or placed for adoption or under a legal guardianship.7. The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, or any relative or provider of foster care to become a party to the hearing.
".Amend sec. 18, page 12, by deleting lines 33 through 38 and inserting:
"
(a) Not later than
(b) Within 30 days after making any of the findings set forth in subsection 3 of section 18 of this act.
Notice of this hearing must be given by registered or certified mail to all
Amend sec. 18, page 12, line 39, before "hearing." by inserting:
"
hearing and shall provide to each person to whom notice was given pursuant to subsection 1 an opportunity to be heard at the".Amend sec. 18, page 13, line 12, by deleting "
determination." and inserting:"
determination, including, without limitation, appointing a private attorney to expedite the completion of the procedures.".Amend sec. 18, page 13, line 14, by deleting:
"18 months of any 24" and inserting:
"
Amend sec. 18, page 13, between lines 18 and 19, by inserting:
"6. The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, or any relative or provider of foster care to become a party to the hearing.".
Amend the bill as a whole by deleting sec. 19 and renumbering sec. 20 as sec. 30.
Amend sec. 20, page 13, by deleting lines 23 through 24 and inserting:
"Sec. 30. 1. This section and sections 1 to 12, inclusive, 14 to 20, inclusive, and 22 to 29, inclusive, of this act become effective on July 1, 1999.
2. Section 13 of this act becomes effective upon the division of child and family services of the department of human resources being notified of the creation of three or more local advisory boards to expedite proceedings for the placement of children pursuant to section 14 of this act.".
Amend sec. 20, page 13, line 25, by deleting:
"2. Section 12" and inserting:
"3. Section 20".
Amend sec. 20, page 13, line 26, by deleting:
"3. Section 13" and inserting:
"4. Section 21".
Amend the title of the bill, sixth line, after "custody;" by inserting:
"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;".