Senate Bill No. 232–Senators Porter, Rawson, Townsend, Schneider, Washington, Jacobsen, Amodei, Care, James, McGinness, Rhoads and Wiener

February 22, 1999

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Joint Sponsor: Assemblywoman Segerblom

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provisions governing placement of children. (BDR 11-1109)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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).

 

AN ACT relating to children; requiring the division of child and family services of the department of human resources and private adoption agencies to disclose certain information to prospective adoptive parents; revising the amount of money that the division may charge for certain services it provides related to the placement of a child for adoption; providing a preference for the placement of siblings together; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

1-2 new section to read as follows:

1-3 A child-placing agency shall, to the extent practicable, give preference

1-4 to the placement of a child for adoption or permanent free care together

1-5 with his siblings.

1-6 Sec. 2. NRS 127.152 is hereby amended to read as follows:

1-7 127.152 1. Except as otherwise provided in subsection 2, the division

1-8 or a licensed child-placing agency shall provide the adopting parents of a

1-9 child with a report which includes:

1-10 (a) A copy of any medical records of the child which are in the

1-11 possession of the division or licensed child-placing agency; and

2-1 (b) Any information [regarding the medical and sociological history of

2-2 the child] obtained by the division or licensed child-placing agency during

2-3 interviews of the natural parent [.] regarding:

2-4 (1) The medical and sociological history of the child and the

2-5 natural parents of the child; and

2-6 (2) Any behavioral, emotional or psychological problems that the

2-7 child may have. Information regarding any behavioral, emotional or

2-8 psychological problems that the child may have must be discussed in

2-9 accordance with policies adopted by the division for the disclosure of

2-10 such information.

2-11 2. The report created pursuant to subsection 1 must exclude any

2-12 information that would lead to the identification of the natural parent.

2-13 Sec. 3. NRS 127.220 is hereby amended to read as follows:

2-14 127.220 As used in NRS [127.230] 127.220 to 127.310, inclusive,

2-15 and section 1 of this act, unless the context otherwise requires:

2-16 1. "Arrange the placement of a child" means to make preparations for

2-17 or bring about any agreement or understanding concerning the adoption of

2-18 a child.

2-19 2. "Child-placing agency" means the division or a nonprofit

2-20 corporation organized pursuant to chapter 82 of NRS, and licensed by the

2-21 division to place children for adoption or permanent free care.

2-22 3. "Person" includes a hospital.

2-23 4. "Recommend the placement of a child" means to suggest to a

2-24 licensed child-placing agency that a prospective adoptive parent be allowed

2-25 to adopt a specific child, born or in utero.

2-26 Sec. 4. NRS 127.275 is hereby amended to read as follows:

2-27 127.275 1. Except as otherwise provided in this section, the division

2-28 shall, in accordance with NRS 232.464 , charge [,] reasonable fees for the

2-29 services it provides in placing, arranging the placement of or assisting in

2-30 placing or arranging the placement of any child for adoption, and for

2-31 conducting any investigation required by NRS 127.2805.

2-32 2. The fees charged for those services must vary based on criteria

2-33 developed by the division, but must not exceed [$2,500.] the usual and

2-34 customary fees that licensed child-placing agencies in the area where the

2-35 services are provided, or in a similar geographic area, would charge for

2-36 those services. The division shall not discriminate between adoptions made

2-37 through an agency and specific adoptions in setting its fees.

2-38 3. A fee must not be charged for services related to the adoption of a

2-39 child with special needs.

2-40 4. The division may waive or reduce any fee charged pursuant to this

2-41 section if it determines that the adoptive parents are not able to pay the fee

2-42 or the needs of the child require a waiver or reduction of the fee.

3-1 5. Any money collected pursuant to this section must be accounted for

3-2 in the appropriate account of the division and may be used only to pay for

3-3 the costs of any adoptive or post-adoptive services provided by the

3-4 division.

3-5 Sec. 5. NRS 128.110 is hereby amended to read as follows:

3-6 128.110 1. Whenever the procedure described in this chapter has

3-7 been followed, and upon finding grounds for the termination of parental

3-8 rights pursuant to NRS 128.105 at a hearing upon the petition, the court

3-9 shall make a written order, signed by the judge presiding in the court,

3-10 judicially depriving the parent or parents of the custody and control of, and

3-11 terminating the parental rights of the parent or parents with respect to the

3-12 child, and declaring the child to be free from such custody or control, and

3-13 placing the custody and control of the child in some person or agency

3-14 qualified by the laws of this state to provide services and care to children,

3-15 or to receive any children for placement.

3-16 2. If the child is placed in the custody and control of a person or

3-17 agency qualified by the laws of this state to receive children for placement,

3-18 the person or agency , [may,] in seeking to place the child [,] :

3-19 (a) May give preference to the placement of the child with any person

3-20 related within the third degree of consanguinity to the child whom the

3-21 person or agency finds suitable and able to provide proper care and

3-22 guidance for the child, regardless of whether the relative resides within this

3-23 state.

3-24 (b) Shall, if practicable, give preference to the placement of the child

3-25 together with his siblings.

3-26 Sec. 6. NRS 432B.550 is hereby amended to read as follows:

3-27 432B.550 1. If the court finds that [the] a child is in need of

3-28 protection, it shall determine whether reasonable efforts were made by the

3-29 agency which provides protective services to prevent or eliminate the need

3-30 for his removal from his home and to facilitate his return to his home. The

3-31 court may, by its order, after receipt and review of the report from the

3-32 agency which provides protective services:

3-33 (a) Permit the child to remain in the custody of his parents or guardian

3-34 with or without supervision by the court or a person or agency designated

3-35 by the court, upon such conditions as the court may prescribe;

3-36 (b) Place him in the temporary or permanent custody of a relative who

3-37 the court finds suitable to receive and care for him with or without

3-38 supervision, upon such conditions as the court may prescribe;

3-39 (c) Place him in the temporary custody of a public agency or institution

3-40 authorized to care for children, the local juvenile probation department, the

3-41 local department of juvenile services or a private agency or institution

3-42 licensed by the department of human resources to care for such a child; or

4-1 (d) Commit him to the custody of the superintendent of the northern

4-2 Nevada children’s home or the superintendent of the southern Nevada

4-3 children’s home, in accordance with chapter 423 of NRS.

4-4 2. If, pursuant to subsection 1, a child is placed other than with a

4-5 parent, the parent retains the right to consent to adoption, to determine the

4-6 child’s religious affiliation and to reasonable visitation, unless restricted by

4-7 the court. If the custodian of the child interferes with these rights, the parent

4-8 may petition the court for enforcement of his rights.

4-9 3. If, pursuant to subsection 1, the child is to be placed with a relative,

4-10 the court may consider, among other factors, whether the child has resided

4-11 with a particular relative for 3 years or more before the incident which

4-12 brought the child to the court’s attention.

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

4-14 provides protective services must be sent to the custodian and the parent or

4-15 legal guardian.

4-16 5. In determining the placement of a child pursuant to this section, if

4-17 the child is not permitted to remain in the custody of his parents or

4-18 guardian, preference must be given to placing the child:

4-19 (a) With any person related within the third degree of consanguinity to

4-20 the child who is suitable and able to provide proper care and guidance for

4-21 the child, regardless of whether the relative resides within this state.

4-22 (b) If practicable, together with his siblings.

4-23 If a child is placed with any person who resides outside of this state, the

4-24 placement must be in accordance with NRS 127.330.

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