SB347

Senate Bill No. 347–Senators Wiener, Washington, Care, Amodei, Coffin, James, Mathews, McGinness, Porter, Schneider, Shaffer and Titus

March 10, 1999

____________

Referred to Committee on Judiciary

SUMMARY—Revises provisions regarding appointment and replacement of guardian of minor. (BDR 13-1168)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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 guardianships; requiring a court to consider certain factors in determining whether a parent is qualified and suitable to act as guardian of a minor; requiring a court to consider certain factors in determining the best interests of a minor when asked to remove the guardian of the minor; 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. NRS 159.061 is hereby amended to read as follows:

1-2 159.061 1. The parents of a minor, or either parent, if qualified and

1-3 suitable, are preferred over all others for appointment as guardian for the

1-4 minor. In determining whether the parents of a minor, or either parent, is

1-5 qualified and suitable, the court shall consider, without limitation:

1-6 (a) Which parent has physical custody of the minor;

1-7 (b) The ability of the parents or parent to provide for the basic needs

1-8 of the child, including, without limitation, food, shelter, clothing and

1-9 medical care;

1-10 (c) Whether the parents or parent has engaged in the habitual use of

1-11 alcohol or any controlled substance during the previous 6 months; and

1-12 (d) Whether the parents or parent has been convicted of a crime of

1-13 moral turpitude, a crime involving domestic violence or a crime involving

1-14 the exploitation of a child.

2-1 2. Subject to the preference set forth in subsection 1, the court shall

2-2 appoint as guardian for an incompetent, a person of limited capacity or

2-3 minor the qualified person who is most suitable and is willing to serve.

2-4 3. In determining who is most suitable, the court shall give

2-5 consideration, among other factors, to:

2-6 (a) Any request for the appointment as guardian for an incompetent

2-7 contained in a written instrument executed by the incompetent while

2-8 competent.

2-9 (b) Any nomination of a guardian for an incompetent, minor or person

2-10 of limited capacity contained in a will or other written instrument executed

2-11 by a parent or spouse of the proposed ward.

2-12 (c) Any request for the appointment as guardian for a minor 14 years of

2-13 age or older made by the minor.

2-14 (d) The relationship by blood or marriage of the proposed guardian to

2-15 the proposed ward.

2-16 (e) Any recommendation made by a special master pursuant to NRS

2-17 159.0615.

2-18 Sec. 2. NRS 159.186 is hereby amended to read as follows:

2-19 159.186 1. Notwithstanding any other provision of law, if a guardian

2-20 is appointed for a minor, except as otherwise provided in subsection [~~2,]~~ 3,

2-21 the court shall not remove the guardian or appoint another person as

2-22 guardian unless the court finds that removal of the guardian or appointment

2-23 of another person as guardian is in the best interests of the minor.

2-24 2. For the purposes of this section in determining the best interests of

2-25 the minor, the court shall consider, without limitation:

2-26 (a) The ability of the present guardian to provide for the basic needs

2-27 of the minor, including, without limitation, food, shelter, clothing and

2-28 medical care;

2-29 (b) The safety of the home in which the minor is residing;

2-30 (c) The length of time that the minor has been in the care of the

2-31 present guardian;

2-32 (d) The current well being of the minor, including whether the minor

2-33 is prospering in the environment being provided by the present guardian;

2-34 (e) The emotional bond existing between the present guardian and the

2-35 minor;

2-36 (f) If the person petitioning the court to replace the present guardian

2-37 was previously removed from the care, custody or guardianship of the

2-38 minor:

2-39 (1) The level of participation before the petition was filed by the

2-40 petitioner in the welfare of the minor; and

2-41 (2) If applicable, whether the petitioner has received instruction in

2-42 parenting, participated in a program of rehabilitation or undergone

2-43 counseling for any problem or conduct that the court, in appointing the

3-1 present guardian, considered as an indication of the previous unfitness

3-2 of the petitioner; and

3-3 (g) The mental and physical health of the present guardian.

3-4 3. The court may remove the guardian of a minor or appoint another

3-5 person as guardian if the guardian files a petition to resign his position as

3-6 guardian.