Senate Bill No. 412–Senators Mathews, Rawson,
Amodei, Coffin and Washington

March 15, 1999

____________

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Provides for protective custody of children upon death of parent under certain circumstances. (BDR 38-831)

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 children; providing for protective custody for children upon the death of a parent that is or may be a result of domestic violence; 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 432B.330 is hereby amended to read as follows:

1-2 432B.330 1. A child is in need of protection if:

1-3 (a) He has been abandoned by a person responsible for his welfare;

1-4 (b) He is suffering from congenital drug addiction or the fetal alcohol

1-5 syndrome, because of the faults or habits of a person responsible for his

1-6 welfare;

1-7 (c) He has been subjected to abuse or neglect by a person responsible

1-8 for his welfare;

1-9 (d) He is in the care of a person responsible for his welfare and another

1-10 child has died as a result of abuse or neglect by that person; or

1-11 (e) He has been placed for care or adoption in violation of law.

1-12 2. A child may be in need of protection if the person responsible for his

1-13 welfare:

1-14 (a) Is unable to discharge his responsibilities to and for the child

1-15 because of incarceration, hospitalization or other physical or mental

1-16 incapacity;

2-1 (b) Fails, although he is financially able to do so or has been offered

2-2 financial or other means to do so, to provide for the following needs of the

2-3 child:

2-4 (1) Food, clothing or shelter necessary for the child’s health or safety;

2-5 (2) Education as required by law; or

2-6 (3) Adequate medical care; or

2-7 (c) Has been responsible for the abuse or neglect of a child who has

2-8 resided with that person.

2-9 3. A child may be in need of protection if the death of a parent of the

2-10 child is or may be the result of an act by the other parent that constitutes

2-11 domestic violence pursuant to NRS 33.018.

2-12 Sec. 2. NRS 432B.390 is hereby amended to read as follows:

2-13 432B.390 1. An agent or officer of a law enforcement agency, an

2-14 officer of the local juvenile probation department or the local department of

2-15 juvenile services or a designee of an agency which provides protective

2-16 services [may] :

2-17 (a) May place a child in protective custody without the consent of the

2-18 person responsible for the child’s welfare if he has reasonable cause to

2-19 believe that immediate action is necessary to protect the child from injury,

2-20 abuse or neglect.

2-21 (b) Shall place a child in protective custody upon the death of a parent

2-22 of the child, without the consent of the person responsible for the welfare

2-23 of the child, if the agent, officer or designee has reasonable cause to

2-24 believe that the death of the parent of the child is or may be the result of

2-25 an act by the other parent that constitutes domestic violence pursuant to

2-26 NRS 33.018.

2-27 2. If there is reasonable cause to believe that the death of a parent of

2-28 the child is or may be the result of an act by the other parent that

2-29 constitutes domestic violence pursuant to NRS 33.018, a protective

2-30 custody hearing must be held pursuant to NRS 432B.470, whether the

2-31 child was placed in protective custody or with a relative. If an agency

2-32 other than an agency which provides protective services becomes aware

2-33 that there is reasonable cause to believe that the death of a parent of the

2-34 child is or may be the result of an act by the other parent that constitutes

2-35 domestic violence pursuant to NRS 33.018, that agency shall immediately

2-36 notify the agency which provides protective services and a protective

2-37 custody hearing must be scheduled.

2-38 3. An agency which provides protective services shall request the

2-39 assistance of a law enforcement agency in the removal of the child if it has

2-40 reasonable cause to believe that the child or the person placing the child in

2-41 protective custody may be threatened with harm.

2-42 [2.] 4. Before taking a child for placement in protective custody, the

2-43 person taking the child shall show his identification to any person who is

3-1 responsible for the child and is present at the time the child is taken. If a

3-2 person who is responsible for the child is not present at the time the child is

3-3 taken, the person taking the child shall show his identification to any other

3-4 person upon request. The identification required by this subsection must be

3-5 a single card that contains a photograph of the person taking the child and

3-6 identifies him as a person authorized pursuant to subsection 1 to place a

3-7 child in protective custody.

3-8 [3.] 5. A child placed in protective custody pending an investigation

3-9 and a hearing held pursuant to NRS 432B.470 must be placed in a hospital,

3-10 if the child needs hospitalization, or in a shelter, which may include a foster

3-11 home or other home or facility which provides care for those children, but

3-12 the child must not be placed in a jail or other place for detention,

3-13 incarceration or residential care of persons convicted of a crime or children

3-14 charged with delinquent acts.

3-15 [4.] 6. A person placing a child in protective custody shall:

3-16 (a) Immediately take steps to protect all other children remaining in the

3-17 home or facility, if necessary;

3-18 (b) Immediately make a reasonable effort to inform the person

3-19 responsible for the child’s welfare that the child has been placed in

3-20 protective custody;

3-21 (c) Give preference in placement of the child to any person related

3-22 within the third degree of consanguinity to the child who is suitable and

3-23 able to provide proper care and guidance for the child, regardless of

3-24 whether the relative resides within this state; and

3-25 (d) As soon as practicable, inform the agency which provides protective

3-26 services and the appropriate law enforcement agency.

3-27 [5.] 7. If a child is placed with any person who resides outside this

3-28 state, the placement must be in accordance with NRS 127.330.

3-29 Sec. 3. NRS 432B.490 is hereby amended to read as follows:

3-30 432B.490 1. An agency which provides protective services:

3-31 (a) [Shall,] In cases where the death of a parent of the child is or may

3-32 be the result of an act by the other parent that constitutes domestic

3-33 violence pursuant to NRS 33.018, shall within 10 days after the hearing

3-34 on protective custody initiate a proceeding in court by filing a petition

3-35 which meets the requirements set forth in NRS 432B.510;

3-36 (b) In other cases where a hearing on protective custody is held, shall

3-37 within 10 days after the hearing on protective custody, unless good cause

3-38 exists, initiate a proceeding in court by filing a petition which meets the

3-39 requirements set forth in NRS 432B.510 or recommend against any further

3-40 action in court; or

3-41 [(b)] (c) If a child is not placed in protective custody, may, after an

3-42 investigation is made under NRS 432B.010 to 432B.400, inclusive, file a

3-43 petition which meets the requirements set forth in NRS 432B.510.

4-1 2. If the agency recommends against further action, the court may, on

4-2 its own motion, initiate proceedings when it finds that it is in the best

4-3 interests of the child.

4-4 3. If a child has been placed in protective custody and if further action

4-5 in court is taken, an agency which provides protective services shall make

4-6 recommendations to the court concerning whether the child should be

4-7 returned to the person responsible for his welfare pending further action in

4-8 court.

4-9 Sec. 4. This act becomes effective on July 1, 1999.

~