Assembly Amendment to Assembly Bill No. 158 First Reprint (BDR 11-475)
Proposed by: Committee on Ways and Means
Amendment Box: Resolves conflict with S.B. No. 232.
Resolves Conflicts with: SB232
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 sec. 30 as sec. 31 and adding a new section designated sec. 30, following sec. 29, to read as follows:
"Sec. 30. Sections 1, 3, 5 and 6 of Senate Bill No. 232 of this session are hereby repealed.".
Amend sec. 30, page 21, line 17, by deleting "29," and inserting "30,".
Amend the bill as a whole by adding the text of the repealed sections, following sec. 31, to read as follows:
"
TEXT OF REPEALED SECTIONS
Sections 1, 3, 5 and 6 of Senate Bill No. 232 of this session:
Section 1. Chapter 127 of NRS is hereby amended by adding thereto a new section to read as follows:
Sec. 3.
NRS 127.220 is hereby amended to read as follows: 127.220 As used in NRS [127.230] 127.220 to 127.310, inclusive, and section 1 of this act, unless the context otherwise requires:
1. "Arrange the placement of a child" means to make preparations for or bring about any agreement or understanding concerning the adoption of a child.
2. "Child-placing agency" means the division or a nonprofit corporation organized pursuant to chapter 82 of NRS, and licensed by the division to place children for adoption or permanent free care.
3. "Person" includes a hospital.
4. "Recommend the placement of a child" means to suggest to a licensed child-placing agency that a prospective adoptive parent be allowed to adopt a specific child, born or in utero.
Sec. 5. NRS 128.110 is hereby amended to read as follows:
128.110 1. Whenever the procedure described in this chapter has been followed, and upon finding grounds for the termination of parental rights pursuant to NRS 128.105 at a hearing upon the petition, the court shall make a written order, signed by the judge presiding in the court, judicially depriving the parent or parents of the custody and control of, and terminating the parental rights of the parent or parents with respect to the child, and declaring the child to be free from such custody or control, and placing the custody and control of the child in some person or agency qualified by the laws of this state to provide services and care to children, or to receive any children for placement.
2. If the child is placed in the custody and control of a person or agency qualified by the laws of this state to receive children for placement, the person or agency , [may,] in seeking to place the child [,] :
(a) May give preference to the placement of the child with any person related within the third degree of consanguinity to the child whom the person or agency finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state.
(b) Shall, if practicable, give preference to the placement of the child together with his siblings.
Sec. 6.
NRS 432B.550 is hereby amended to read as follows: 432B.550 1. If the court finds that [the] a child is in need of protection, it shall determine whether reasonable efforts were made by the agency which provides protective services to prevent or eliminate the need for his removal from his home and to facilitate his return to his home. The court may, by its order, after receipt and review of the report from the agency which provides protective services:
(a) Permit the child to remain in the custody of his parents or guardian with or without supervision by the court or a person or agency designated by the court, upon such conditions as the court may prescribe;
(b) Place him in the temporary or permanent custody of a relative who the court finds suitable to receive and care for him with or without supervision, upon such conditions as the court may prescribe;
(c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services or a private agency or institution licensed by the department of human resources to care for such a child; or
(d) Commit him to the custody of the superintendent of the northern Nevada children’s home or the superintendent of the southern Nevada children’s home, in accordance with chapter 423 of NRS.
2. If, pursuant to subsection 1, a child is placed other than with a parent, the parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.
3. If, pursuant to subsection 1, the child is to be placed with a relative, the court may consider, among other factors, whether the child has resided with a particular relative for 3 years or more before the incident which brought the child to the court’s attention.
4. A copy of the report prepared for the court by the agency which provides protective services must be sent to the custodian and the parent or legal guardian.
5. In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of his parents or guardian, preference must be given to placing the child:
(a) With any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state.
(b) If practicable, together with his siblings.
If a child is placed with any person who resides outside
of this state, the placement must be in accordance with NRS 127.330.".