Assembly Bill No. 15–Assemblywoman Giunchigliani

 

Joint Sponsor: Senator Mathews

 

 

CHAPTER..........

 

AN ACT relating to the welfare of children; requiring the establishment of a program to provide supportive assistance to certain persons who obtain the legal guardianship of certain children; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Chapter 422 of NRS is hereby amended by adding thereto

 the provisions set forth as sections 2, 3 and 4 of this act.

   Sec. 2.  As used in this section and sections 3 and 4 of this act, unless

 the context otherwise requires, “qualifying relative” means a person

 specified in 45 C.F.R. § 233.90(c)(1)(v)(A).

   Sec. 3.  1.  The department, through a division of the department

 designated by the director, shall establish and administer a program to

 provide supportive assistance to qualiying relatives of children who

 provide care for and obtain the legal guardianship of those children.

   2.  As a condition to the provision of any supportive assistance

 pursuant to this section:

   (a) The child must:

     (1) Have been placed in the care of his qualifying relative for not

 less than 6 months; and

     (2) If he is 14 years of age or older, consent to the legal

 guardianship;

   (b) The qualifying relative must:

     (1) Reside in this state;

     (2) Have attained such a minimum age as the department specifies

 by regulation;

     (3) Verify his relationship to the child; and

     (4) File for and obtain court approval of the legal guardianship and

 comply with any requirements imposed by the court; and

   (c) The department must determine that the personal and criminal

 history of the qualifying relative is satisfactory.

   3.  The supportive assistance provided pursuant to this section must

 include, within the limitations of available funding:

   (a) Reimbursement of all or a portion of the legal fees incurred by the

 qualifying relative to establish the legal guardianship;

   (b) Payments of not more than the amount that the department would

 provide to a foster parent if the child had been placed in foster care;

   (c) Assistance with:

     (1) Child care;

     (2) Respite care; and

     (3) Transportation; and

   (d) Any other assistance the department deems appropriate.

   4.  The department shall adopt such regulations as are necessary to

 carry out the provisions of this section.

   Sec. 4.  1.  An applicant for the receipt of supportive assistance

provided pursuant to section 3 of this act shall submit to the department a

 complete set of his fingerprints and written permission authorizing the

 department to forward those fingerprints to the central repository for

 Nevada records of criminal history for submission to the Federal

 Bureau of Investigation for its report to enable the department to

 determine whether the criminal history of the applicant is satisfactory.

   2.  The department may exchange with the central repository or the

 Federal Bureau of Investigation any information respecting the

 fingerprints submitted.

   3.  When a report from the Federal Bureau of Investigation is

 received by the central repository, it shall immediately forward a copy of

 the report to the department.

   Sec. 5.  NRS 422.240 is hereby amended to read as follows:

   422.240  1.  Money to carry out the provisions of NRS 422.001 to

 422.410, inclusive, and sections 2, 3 and 4 of this act and NRS 422.580,

 including, without limitation, any federal money allotted to the State of

 Nevada pursuant to the program to provide temporary assistance for needy

 families and the program for child care and development, must be

 provided by appropriation by the legislature from the state general fund.

   2.  Disbursements for the purposes of NRS 422.001 to 422.410,

 inclusive, and sections 2, 3 and 4 of this act and NRS 422.580 must be

 made upon claims duly filed, audited and allowed in the same manner as

 other money in the state treasury is disbursed.

 

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