AB248_EN

Assembly Bill No. 248–Committee on Health and Human Services

CHAPTER..........

AN ACT relating to children; requiring the adoption of regulations governing the provision of certain information to foster or adoptive parents; revising certain provisions governing procedures for the protection of children from abuse and neglect; clarifying and limiting certain provisions regarding the imposition of civil sanctions for the disclosure of confidential information; 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 424.038 is hereby amended to read as follows:

1-2 424.038 1. Before placing, and during the placement of, a child in a

1-3 family foster home, the division shall provide to the provider of family

1-4 foster care such information relating to the child as is necessary to ensure

1-5 the health and safety of the child and the other residents of the family

1-6 foster home. This information must include the medical history and

1-7 previous behavior of the child to the extent that such information is

1-8 available.

1-9 2. The provider of family foster care may , at any time before, during

1-10 or after the placement of the child in his family foster home, request

1-11 information about the child from the division. After the child has left the

1-12 care of the provider, the division shall provide the information requested

1-13 by the provider, unless the information is otherwise declared to be

1-14 confidential by law or the division determines that providing the

1-15 information is not in the best interests of the child.

1-16 3. The provider of family foster care shall maintain the confidentiality

1-17 of information obtained pursuant to this section under the terms and

1-18 conditions otherwise required by law.

1-19 4. The division shall adopt regulations specifying the procedure and

1-20 format for the provision of information pursuant to this section, which

1-21 may include the provision of a summary of certain information. If a

1-22 summary is provided pursuant to this section, the provider of family

1-23 foster care may also obtain the information set forth in subsections 1

1-24 and 2.

1-25 Sec. 2. Chapter 432B of NRS is hereby amended by adding thereto a

1-26 new section to read as follows:

1-27 1. An agency that obtains legal custody of a child pursuant to NRS

1-28 432B.550 shall:

1-29 (a) Adopt a plan for the permanent placement of the child for review

1-30 by the court at a hearing conducted pursuant to NRS 432B.590; and

1-31 (b) Make reasonable efforts to finalize the permanent placement of

1-32 the child in accordance with the plan adopted pursuant to paragraph (a).

1-33 The provisions of subsections 4, 5 and 6 of NRS 432B.393 shall be

1-34 deemed to apply to the reasonable efforts required by this paragraph.

1-35 2. If the child is not residing in his home and has been in foster care

1-36 for 14 or more of the immediately preceding 20 months, the agency shall

1-37 include the termination of parental rights to the child in the plan for the

1-38 permanent placement of the child, unless the agency determines that:

1-39 (a) The child is in the care of a relative;

2-1 (b) The plan for the child requires the agency to make reasonable

2-2 efforts pursuant to NRS 432B.393 to reunify the family of the child, and

2-3 the agency has not provided to the family, consistently within the period

2-4 specified in the plan for the child, such services as the agency deems

2-5 necessary for the safe return of the child to his home; or

2-6 (c) There are compelling reasons, which are documented in the plan

2-7 for the child, for concluding that the filing of a petition to terminate

2-8 parental rights to the child would not be in the best interests of the child.

2-9 Sec. 3. NRS 432B.190 is hereby amended to read as follows:

2-10 432B.190 The division of child and family services shall adopt

2-11 [regulations] :

2-12 1. Regulations establishing reasonable and uniform standards for:

2-13 [1.] (a) Protective services provided in this state;

2-14 [2.] (b) Programs for the prevention of abuse or neglect of a child;

2-15 [3.] (c) The development of local councils involving public and private

2-16 organizations;

2-17 [4.] (d) Reports of abuse or neglect, records of these reports and the

2-18 response to these reports;

2-19 [5.] (e) Carrying out the provisions of NRS 432B.260, including,

2-20 without limitation, the qualifications of persons with whom agencies

2-21 which provide protective services enter into agreements to provide

2-22 services to children and families;

2-23 [6.] (f) The management and assessment of reported cases of abuse or

2-24 neglect;

2-25 [7.] (g) The protection of the legal rights of parents and children;

2-26 [8.] (h) Emergency shelter for a child;

2-27 [9.] (i) The prevention, identification and correction of abuse or neglect

2-28 of a child in residential institutions;

2-29 [10.] (j) Evaluating the development and contents of a plan submitted

2-30 for approval pursuant to NRS 432B.395;

2-31 [11.] (k) Developing and distributing to persons who are responsible

2-32 for a child’s welfare a pamphlet that sets forth the procedures for taking a

2-33 child for placement in protective custody and the legal rights of persons

2-34 who are parties to a proceeding held pursuant to NRS 432B.410 to

2-35 432B.590, inclusive, and section 2 of this act during all stages of the

2-36 proceeding; and

2-37 [12.] (l) Making the necessary inquiries required pursuant to NRS

2-38 432B.397 to determine whether a child is an Indian child [.] ; and

2-39 2. Such other regulations as are necessary for the administration of

2-40 NRS 432B.010 to 432B.606, inclusive, and section 2 of this act.

2-41 Sec. 4. NRS 432B.260 is hereby amended to read as follows:

2-42 432B.260 1. Upon the receipt of a report concerning the possible

2-43 abuse or neglect of a child, an agency which provides protective services

2-44 or a law enforcement agency shall promptly notify the appropriate

2-45 licensing authority, if any. A law enforcement agency shall promptly

2-46 notify an agency which provides protective services of any report it

2-47 receives.

2-48 2. Upon receipt of a report concerning the possible abuse or neglect of

2-49 a child, an agency which provides protective services or a law

2-50 enforcement agency shall immediately initiate an investigation if the

2-51 report indicates that:

3-1 (a) The child is 5 years of age or younger;

3-2 (b) There is a high risk of serious harm to the child; or

3-3 (c) The child is [dead,] living in a household in which another child

3-4 has died, or the child is seriously injured or has visible signs of physical

3-5 abuse.

3-6 3. Except as otherwise provided in subsection 2, upon receipt of a

3-7 report concerning the possible abuse or neglect of a child or notification

3-8 from a law enforcement agency that the law enforcement agency has

3-9 received such a report, an agency which provides protective services shall

3-10 conduct an evaluation not later than 3 days after the report or notification

3-11 was received to determine whether an investigation is warranted. For the

3-12 purposes of this subsection, an investigation is not warranted if:

3-13 (a) The child is not in imminent danger of harm;

3-14 (b) The child is not vulnerable as the result of any untreated injury,

3-15 illness or other physical, mental or emotional condition that threatens his

3-16 immediate health or safety;

3-17 (c) The alleged abuse or neglect could be eliminated if the child and his

3-18 family receive or participate in social or health services offered in the

3-19 community, or both; or

3-20 (d) The agency determines that the:

3-21 (1) Alleged abuse or neglect was the result of the reasonable exercise

3-22 of discipline by a parent or guardian of the child involving the use of

3-23 corporal punishment, including, without limitation, spanking or paddling;

3-24 and

3-25 (2) Corporal punishment so administered was not so excessive as to

3-26 constitute abuse or neglect as described in NRS 432B.150.

3-27 4. If the agency determines that an investigation is warranted, the

3-28 agency shall initiate the investigation not later than 3 days after the

3-29 evaluation is completed.

3-30 5. Except as otherwise provided in this subsection, if the agency

3-31 determines that an investigation is not warranted, the agency may, as

3-32 appropriate:

3-33 (a) Provide counseling, training or other services relating to child abuse

3-34 and neglect to the family of the child, or refer the family to a person [that]

3-35 who has entered into an agreement with the agency to provide those

3-36 services; or

3-37 (b) Conduct an assessment of the family of the child to determine what

3-38 services, if any, are needed by the family and, if appropriate, provide any

3-39 such services or refer the family to a person [that] who has entered into a

3-40 written agreement with the agency to make such an assessment.

3-41 If an agency determines that an investigation is not warranted for the

3-42 reason set forth in paragraph (d) of subsection 3, the agency shall take no

3-43 further action in regard to the matter and shall expunge all references to

3-44 the matter from its records.

3-45 6. If an agency which provides protective services enters into an

3-46 agreement with a person to provide services to a child or his family

3-47 pursuant to subsection 5, the agency shall require the person to notify the

3-48 agency if the child or his family refuse or fail to participate in the services,

3-49 or if the person determines that there is a serious risk to the health or

3-50 safety of the child.

4-1 7. An agency which provides protective services that determines that

4-2 an investigation is not warranted may, at any time, reverse that

4-3 determination and initiate an investigation.

4-4 8. An agency which provides protective services and a law

4-5 enforcement agency shall cooperate in the investigation, if any, of a report

4-6 of abuse or neglect of a child.

4-7 Sec. 5. NRS 432B.290 is hereby amended to read as follows:

4-8 432B.290 1. Except as otherwise provided in subsections 2 [and 3,] ,

4-9 5 and 6, data or information concerning reports and investigations thereof

4-10 made pursuant to this chapter may be made available only to:

4-11 (a) A physician, if the physician has before him a child who he has

4-12 reasonable cause to believe has been abused or neglected;

4-13 (b) A person authorized to place a child in protective custody, if the

4-14 person has before him a child who he has reasonable cause to believe has

4-15 been abused or neglected and the person requires the information to

4-16 determine whether to place the child in protective custody;

4-17 (c) An agency, including, without limitation, an agency in another

4-18 jurisdiction, responsible for or authorized to undertake the care, treatment

4-19 or supervision of:

4-20 (1) The child; or

4-21 (2) The person responsible for the welfare of the child;

4-22 (d) A district attorney or other law enforcement officer who requires the

4-23 information in connection with an investigation or prosecution of the

4-24 abuse or neglect of a child;

4-25 (e) A court, for in camera inspection only, unless the court determines

4-26 that public disclosure of the information is necessary for the determination

4-27 of an issue before it;

4-28 (f) A person engaged in bona fide research or an audit, but information

4-29 identifying the subjects of a report must not be made available to him;

4-30 (g) The attorney and the guardian ad litem of the child;

4-31 (h) A grand jury upon its determination that access to these records is

4-32 necessary in the conduct of its official business;

4-33 (i) A federal, state or local governmental entity, or an agency of such an

4-34 entity, that needs access to the information to carry out its legal

4-35 responsibilities to protect children from abuse and neglect;

4-36 (j) A person or an organization that has entered into a written

4-37 agreement with an agency which provides protective services to provide

4-38 assessments or services and that has been trained to make such

4-39 assessments or provide such services;

4-40 (k) A team organized pursuant to NRS 432B.350 for the protection of a

4-41 child;

4-42 [(k)] (l) A team organized pursuant to NRS 432B.405 to review the

4-43 death of a child;

4-44 [(l)] (m) A parent or legal guardian of the child, if the identity of the

4-45 person responsible for reporting the alleged abuse or neglect of the child to

4-46 a public agency is kept confidential;

4-47 [(m)] (n) The persons who are the subject of a report;

4-48 [(n)] (o) An agency that is authorized by law to license foster homes or

4-49 facilities for children or to investigate persons applying for approval to

5-1 adopt a child, if the agency has before it an application for that license or is

5-2 investigating an applicant to adopt a child;

5-3 [(o)] (p) Upon written consent of the parent, any officer of this state or

5-4 a city or county thereof or legislator authorized, by the agency or

5-5 department having jurisdiction or by the legislature, acting within its

5-6 jurisdiction, to investigate the activities or programs of an agency that

5-7 provides protective services if:

5-8 (1) The identity of the person making the report is kept confidential;

5-9 and

5-10 (2) The officer, legislator or a member of his family is not the person

5-11 alleged to have committed the abuse or neglect;

5-12 [(p)] (q) The division of parole and probation of the department of

5-13 motor vehicles and public safety for use pursuant to NRS 176.135 in

5-14 making a presentence investigation and report to the district court or

5-15 pursuant to NRS 176.151 in making a general investigation and report;

5-16 [(q)] (r) Any person who is required pursuant to NRS 432B.220 to

5-17 make a report to an agency which provides protective services or to a law

5-18 enforcement agency;

5-19 (s) The rural advisory board to expedite proceedings for the placement

5-20 of children created pursuant to NRS 432B.602 or a local advisory board to

5-21 expedite proceedings for the placement of children created pursuant to

5-22 NRS 432B.604; or

5-23 [(r)] (t) The panel established pursuant to NRS 432B.396 to evaluate

5-24 agencies which provide protective services.

5-25 2. Except as otherwise provided in subsection 3, data or information

5-26 concerning reports and investigations thereof made pursuant to this

5-27 chapter may be made available to any member of the general public if

5-28 the child who is the subject of a report dies or is critically injured as a

5-29 result of alleged abuse or neglect, except that the data or information

5-30 which may be disclosed is limited to:

5-31 (a) The fact that a report of abuse or neglect has been made and, if

5-32 appropriate, a factual description of the contents of the report;

5-33 (b) Whether an investigation has been initiated pursuant to NRS

5-34 432B.260, and the result of a completed investigation; and

5-35 (c) Such other information as is authorized for disclosure by a court

5-36 pursuant to subsection 4.

5-37 3. An agency which provides protective services shall not disclose

5-38 data or information pursuant to subsection 2 if the agency determines

5-39 that the disclosure is not in the best interests of the child or if disclosure

5-40 of the information would adversely affect any pending investigation

5-41 concerning a report.

5-42 4. Upon petition, a court of competent jurisdiction may authorize the

5-43 disclosure of additional information to the public pursuant to subsection

5-44 2 if good cause is shown by the petitioner for the disclosure of the

5-45 additional information.

5-46 5. An agency investigating a report of the abuse or neglect of a child

5-47 shall, upon request, provide to a person named in the report as allegedly

5-48 causing the abuse or neglect of the child:

5-49 (a) A copy of:

6-1 (1) Any statement made in writing to an investigator for the agency

6-2 by the person named in the report as allegedly causing the abuse or neglect

6-3 of the child; or

6-4 (2) Any recording made by the agency of any statement made orally

6-5 to an investigator for the agency by the person named in the report as

6-6 allegedly causing the abuse or neglect of the child; or

6-7 (b) A written summary of the allegations made against the person who

6-8 is named in the report as allegedly causing the abuse or neglect of the

6-9 child. The summary must not identify the person responsible for reporting

6-10 the alleged abuse or neglect.

6-11 [3.] 6. An agency which provides protective services shall disclose the

6-12 identity of a person who makes a report or otherwise initiates an

6-13 investigation pursuant to this chapter if a court, after reviewing the record

6-14 in camera and determining that there is reason to believe that the person

6-15 knowingly made a false report, orders the disclosure.

6-16 [4.] 7. Any person, except for:

6-17 (a) The subject of a report;

6-18 (b) A district attorney or other law enforcement officer initiating legal

6-19 proceedings; or

6-20 (c) An employee of the division of parole and probation of the

6-21 department of motor vehicles and public safety making a presentence

6-22 investigation and report to the district court pursuant to NRS 176.135 or

6-23 making a general investigation and report pursuant to

6-24 NRS 176.151,

6-25 who is given access, pursuant to subsection 1[,] or 2, to information

6-26 identifying the subjects of a report and who makes this information public

6-27 is guilty of a misdemeanor.

6-28 [5.] 8. The division of child and family services shall adopt

6-29 regulations to carry out the provisions of this section.

6-30 Sec. 6. NRS 432B.393 is hereby amended to read as follows:

6-31 432B.393 1. Except as otherwise provided in this section, an agency

6-32 which provides protective services shall make reasonable efforts to

6-33 preserve and reunify the family of a child :

6-34 (a) Before the placement of the child in foster care, to prevent or

6-35 eliminate the need for his removal from his home ; and [to]

6-36 (b) To make it possible for his safe return to his home.

6-37 2. In determining the reasonable efforts required by subsection 1, the

6-38 health and safety of the child must be the paramount concern.The agency

6-39 which provides protective services may make reasonable efforts to place

6-40 the child for adoption or with a legal guardian concurrently with making

6-41 the reasonable efforts required pursuant to subsection 1. If the court

6-42 determines that continuation of the reasonable efforts required by

6-43 subsection 1 is inconsistent with the plan for the permanent placement of

6-44 the child, the agency which provides protective services shall make

6-45 reasonable efforts to place the child in a timely manner in accordance with

6-46 that plan and to complete whatever actions are necessary to finalize the

6-47 permanent placement of the child.

6-48 3. An agency which provides protective services is not required to

6-49 make the reasonable efforts required by subsection 1 if the court finds that:

6-50 (a) A parent or other primary caretaker of the child has:

7-1 (1) Committed, aided or abetted in the commission of, or attempted,

7-2 conspired or solicited to commit murder or voluntary manslaughter;

7-3 (2) Caused the abuse or neglect of the child, or of another child of the

7-4 parent or primary caretaker, which resulted in substantial bodily harm to

7-5 the abused or neglected child;

7-6 (3) Caused the abuse or neglect of the child, a sibling of the child or

7-7 another child in the household, and the abuse or neglect was so extreme or

7-8 repetitious as to indicate that any plan to return the child to his home

7-9 would result in an unacceptable risk to the health or welfare of the child;

7-10 or

7-11 (4) Abandoned the child for 60 or more days, and the identity of the

7-12 parent of the child is unknown and cannot be ascertained through

7-13 reasonable efforts;

7-14 (b) A parent of the child has, for the previous 6 months, had the ability

7-15 to contact or communicate with the child and made no more than token

7-16 efforts to do so;

7-17 (c) The parental rights of a parent to a sibling of the child have been

7-18 terminated by a court order upon any basis other than the execution of a

7-19 voluntary relinquishment of those rights by a natural parent, and the court

7-20 order is not currently being appealed;

7-21 (d) The child or a sibling of the child was previously removed from his

7-22 home, adjudicated to have been abused or neglected, returned to his home

7-23 and subsequently removed from his home as a result of additional abuse or

7-24 neglect;

7-25 (e) The child is less than 1 year of age, the father of the child is not

7-26 married to the mother of the child and the father of the child:

7-27 (1) Has failed within 60 days after learning of the birth of the child,

7-28 to visit the child, to commence proceedings to establish his paternity of the

7-29 child or to provide financial support for the child; or

7-30 (2) Is entitled to seek custody of the child but fails to do so within 60

7-31 days after learning that the child was placed in foster care; or

7-32 (f) The child was delivered to a provider of emergency services

7-33 pursuant to section 1 of Senate Bill No. 191 of this [act.] session.

7-34 4. Except as otherwise provided in subsection 6, for the purposes of

7-35 this section, unless the context otherwise requires, “reasonable efforts”

7-36 have been made if an agency which provides protective services to

7-37 children with legal custody of a child has exercised diligence and care in

7-38 arranging appropriate and available services for the child, with the

7-39 health and safety of the child as its paramount concerns. The exercise of

7-40 such diligence and care includes, without limitation, obtaining necessary

7-41 and appropriate information concerning the child for the purposes of

7-42 NRS 127.152, 127.410 and 424.038.

7-43 5. In determining whether reasonable efforts have been made

7-44 pursuant to subsection 4, the court shall:

7-45 (a) Evaluate the evidence and make findings based on whether a

7-46 reasonable person would conclude that reasonable efforts were made;

7-47 (b) Consider any input from the child;

7-48 (c) Consider the efforts made and the evidence presented since the

7-49 previous finding of the court concerning reasonable efforts;

7-50 (d) Consider the diligence and care that the agency is legally

7-51 authorized and able to exercise;

8-1 (e) Recognize and take into consideration the legal obligations of the

8-2 agency to comply with any applicable laws and regulations;

8-3 (f) Base its determination on the circumstances and facts concerning

8-4 the particular family or plan for the permanent placement of the child at

8-5 issue;

8-6 (g) Consider whether the provisions of subsection 6 are applicable;

8-7 and

8-8 (h) Consider any other matters the court deems relevant.

8-9 6. An agency which provides protective services may satisfy the

8-10 requirement of making reasonable efforts pursuant to this section by

8-11 taking no action concerning a child or making no effort to provide

8-12 services to a child if it is reasonable, under the circumstances, to do so.

8-13 Sec. 7. NRS 432B.396 is hereby amended to read as follows:

8-14 432B.396 The division of child and family services shall:

8-15 1. Establish a panel comprised of volunteer members to evaluate the

8-16 extent to which agencies which provide protective services are effectively

8-17 discharging their responsibilities for the protection of children.

8-18 2. Adopt regulations to carry out the provisions of subsection 1 which

8-19 must include, without limitation, the imposition of appropriate restrictions

8-20 on the disclosure of information obtained by the panel and civil sanctions

8-21 for the violation of those restrictions. The civil sanctions may provide for

8-22 the imposition in appropriate cases of a civil penalty of not more than

8-23 $500. The division may bring an action to recover any civil penalty

8-24 imposed and shall deposit any money recovered with the state treasurer

8-25 for credit to the state general fund.

8-26 Sec. 8. NRS 432B.440 is hereby amended to read as follows:

8-27 432B.440 The agency which provides protective services shall assist

8-28 the court during all stages of any proceeding in accordance with NRS

8-29 432B.410 to 432B.590, inclusive[.] , and section 2 of this act.

8-30 Sec. 9. NRS 432B.480 is hereby amended to read as follows:

8-31 432B.480 1. At each hearing conducted pursuant to

8-32 NRS 432B.470:

8-33 (a) At the commencement of the hearing , [on protective custody,] the

8-34 court shall advise the parties of their right to be represented by an attorney

8-35 and of their right to present evidence.

8-36 [2. If the court finds, as a result of the hearing that]

8-37 (b) The court shall determine whether there is reasonable cause to

8-38 believe[:

8-39 (a) That the child may be harmed if released from protective custody; or

8-40 (b) A parent or other person responsible for the child’s welfare is not

8-41 available to care for the child,] that it would be:

8-42 (1) Contrary to the welfare of the child for him to reside at his

8-43 home; or

8-44 (2) In the best interests of the child to place him outside of his

8-45 home.

8-46 The court shall prepare an explicit statement of the facts upon which

8-47 each of its determinations is based. If the court makes an affirmative

8-48 finding regarding either subparagraph (1) or (2), the court shall issue an

8-49 order keeping the child in protective custody pending a disposition by the

8-50 court.

9-1 [3.] 2. If the court issues an order keeping the child in protective

9-2 custody pending a disposition by the court and it is in the best interests of

9-3 the child, the court may:

9-4 (a) Place the child in the temporary custody of a grandparent, great

9-5 -grandparent or other person related within the third degree of

9-6 consanguinity to the child who the court finds has established a

9-7 meaningful relationship with the child, with or without supervision upon

9-8 such conditions as the court prescribes, regardless of whether the relative

9-9 resides within this state; or

9-10 (b) Grant the grandparent, great-grandparent or other person related

9-11 within the third degree of consanguinity to the child a reasonable right to

9-12 visit the child while he is in protective custody.

9-13 [4.] 3. If the court finds that the best interests of the child do not

9-14 require that the child remain in protective custody, the court shall order his

9-15 immediate release.

9-16 [5.] 4. If a child is placed with any person who resides outside this

9-17 state, the placement must be in accordance with NRS 127.330.

9-18 Sec. 10. NRS 432B.530 is hereby amended to read as follows:

9-19 432B.530 1. An adjudicatory hearing must be held within 30 days

9-20 after the filing of the petition, unless good cause is shown.

9-21 2. At the hearing, the court shall inform the parties of the specific

9-22 allegations in the petition and give them an opportunity to admit or deny

9-23 them. If the allegations are denied, the court shall hear evidence on the

9-24 petition.

9-25 3. In adjudicatory hearings , all relevant and material evidence helpful

9-26 in determining the questions presented, including oral and written reports,

9-27 may be received by the court and may be relied upon to the extent of its

9-28 probative value. The parties or their attorney must be afforded an

9-29 opportunity to examine and controvert written reports so received and to

9-30 cross-examine individuals making reports when reasonably available.

9-31 4. The court may require the child to be present in court at the hearing.

9-32 5. If the court finds by a preponderance of the evidence that the child

9-33 [is] was in need of protection[,] at the time of his removal from his

9-34 home, it shall record its findings of fact and may proceed immediately or

9-35 at another hearing held within 15 working days, to make a proper

9-36 disposition of the case. If the court finds that the allegations in the petition

9-37 have not been established, it shall dismiss the petition and, if the child is in

9-38 protective custody, order the immediate release of the child.

9-39 Sec. 11. NRS 432B.540 is hereby amended to read as follows:

9-40 432B.540 1. If the court finds that the allegations of the petition are

9-41 true, it shall order that a report be made in writing by an agency which

9-42 provides protective services, concerning:

9-43 (a) Except as otherwise provided in paragraph (b), the conditions in the

9-44 child’s place of residence, the child’s record in school, the mental,

9-45 physical and social background of his family, its financial situation and

9-46 other matters relevant to the case; or

9-47 (b) If the child was delivered to a provider of emergency services

9-48 pursuant to section 1 of Senate Bill No. 191 of this [act,] session, any

9-49 matters relevant to the case.

10-1 2. If the agency believes that it is necessary to remove the child from

10-2 the physical custody of his parents, it must submit with the report a plan

10-3 designed to achieve a placement of the child in a safe setting as near to the

10-4 residence of his parent as is consistent with the best interests and special

10-5 needs of the child. The plan must include:

10-6 (a) A description of the type, safety and appropriateness of the home or

10-7 institution in which the child could be placed, a plan for ensuring that he

10-8 would receive safe and proper care and a description of his needs;

10-9 (b) A description of the services to be provided to the child and to a

10-10 parent to facilitate the return of the child to the custody of his parent or to

10-11 ensure his permanent placement;

10-12 (c) The appropriateness of the services to be provided under the plan;

10-13 and

10-14 (d) A description of how the order of the court will be carried out.

10-15 [3. If the child is not residing in his home, the agency shall include as a

10-16 part of the plan for the permanent placement of the child, established

10-17 pursuant to NRS 432B.590, a recommendation to terminate parental rights

10-18 unless it determines that initiating a petition for the termination of parental

10-19 rights is not in the best interests of the child. If the agency conclusively

10-20 determines that initiating a petition for the termination of parental rights is

10-21 not in the best interests of the child, it shall include a full explanation of

10-22 the basis for the determination as part of the plan.]Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

10-23 Sec. 12. NRS 432B.550 is hereby amended to read as follows:

10-24 432B.550 1. If the court finds that a child is in need of protection, it

10-25 [shall determine whether the agency which provides protective services

10-26 has made the reasonable efforts required by subsection 1 of NRS

10-27 432B.393. The court] may, by its order, after receipt and review of the

10-28 report from the agency which provides protective services:

10-29 (a) Permit the child to remain in the temporary or permanent custody of

10-30 his parents or a guardian with or without supervision by the court or a

10-31 person or agency designated by the court, and with or without retaining

10-32 jurisdiction of the case, upon such conditions as the court may prescribe;

10-33 (b) Place him in the temporary or permanent custody of a relative or

10-34 other person who the court finds suitable to receive and care for him with

10-35 or without supervision, and with or without retaining jurisdiction of the

10-36 case, upon such conditions as the court may prescribe;

10-37 (c) Place him in the temporary custody of a public agency or institution

10-38 authorized to care for children, the local juvenile probation department,

10-39 the local department of juvenile services, or a private agency or institution

10-40 licensed by the department of human resources to care for such a child; or

10-41 (d) Commit him to the custody of the superintendent of the northern

10-42 Nevada children’s home or the superintendent of the southern Nevada

10-43 children’s home, in accordance with chapter 423 of NRS.

10-44 In carrying out this subsection, the court may, in its sole discretion[,] and

10-45 in compliance with the requirements of chapter 159 of NRS, consider an

10-46 application [pursuant to chapter 159 of NRS] for the guardianship of the

10-47 child. If the court grants such an application, it may retain jurisdiction of

10-48 the case or transfer the case to another court of competent jurisdiction.

10-49 2. If, pursuant to subsection 1, a child is placed other than with a

10-50 parent:

11-1 (a) The parent retains the right to consent to adoption, to determine the

11-2 child’s religious affiliation and to reasonable visitation, unless restricted by

11-3 the court. If the custodian of the child interferes with these rights, the

11-4 parent may petition the court for enforcement of his rights.

11-5 (b) The court shall set forth good cause why the child was placed other

11-6 than with a parent.

11-7 3. If, pursuant to subsection 1, the child is to be placed with a relative,

11-8 the court may consider, among other factors, whether the child has resided

11-9 with a particular relative for 3 years or more before the incident which

11-10 brought the child to the court’s attention.

11-11 4. Except as otherwise provided in this subsection, a copy of the report

11-12 prepared for the court by the agency which provides protective services

11-13 must be sent to the custodian and the parent or legal guardian. If the child

11-14 was delivered to a provider of emergency services pursuant to section 1 of

11-15 Senate Bill No. 191 of this [act] session and the location of the parent is

11-16 unknown, the report need not be sent to that parent.

11-17 5. In determining the placement of a child pursuant to this section, if

11-18 the child is not permitted to remain in the custody of his parents or

11-19 guardian, preference must be given to placing the child:

11-20 (a) With any person related within the third degree of consanguinity to

11-21 the child who is suitable and able to provide proper care and guidance for

11-22 the child, regardless of whether the relative resides within this state.

11-23 (b) If practicable, together with his siblings.

11-24 Any search for a relative with whom to place a child pursuant to this

11-25 section must be completed within 1 year after the initial placement of the

11-26 child outside of his home. If a child is placed with any person who resides

11-27 outside of this state, the placement must be in accordance with

11-28 NRS 127.330.

11-29 6. Within 60 days after the removal of a child from his home, the

11-30 court shall:

11-31 (a) Determine whether:

11-32 (1) The agency which provides protective services has made the

11-33 reasonable efforts required by paragraph (a) of subsection 1 of NRS

11-34 432B.393; or

11-35 (2) No such efforts are required in the particular case; and

11-36 (b) Prepare an explicit statement of the facts upon which its

11-37 determination is based.

11-38 Sec. 13. NRS 432B.555 is hereby amended to read as follows:

11-39 432B.555 In any proceeding held pursuant to NRS 432B.410 to

11-40 [432B.600,] 432B.590, inclusive, and section 2 of this act, if the court

11-41 determines that a custodial parent or guardian of a child who has been

11-42 placed in protective custody has ever been convicted of a violation of NRS

11-43 200.508, the court shall not release the child to that custodial parent or

11-44 guardian unless the court finds by clear and convincing evidence presented

11-45 at the proceeding that no physical or psychological harm to the child will

11-46 result from his release to that parent or guardian.

11-47 Sec. 14. NRS 432B.590 is hereby amended to read as follows:

11-48 432B.590 1. [Except as otherwise provided in NRS 432B.600, the]

11-49 The court shall hold a hearing concerning the permanent placement of a

11-50 child:

12-1 (a) Not later than 12 months after the initial removal of the child from

12-2 his home and annually thereafter.

12-3 (b) Within 30 days after making any of the findings set forth in

12-4 subsection 3 of NRS 432B.393.

12-5 Notice of this hearing must be given by registered or certified mail to all of

12-6 the persons to whom notice must be given pursuant to subsection 4 of

12-7 NRS 432B.580.

12-8 2. The court may require the presence of the child at the hearing and

12-9 shall provide to each person to whom notice was given pursuant to

12-10 subsection 1 an opportunity to be heard at the hearing.

12-11 3. At the hearing, the court shall [establish a] review any plan for the

12-12 permanent placement of the child adopted pursuant to section 2 of this

12-13 act and determine : [whether:]

12-14 (a) Whether the agency with legal custody of the child has made the

12-15 reasonable efforts required by subsection 1 of section 2 of this act; and

12-16 (b) Whether, and if applicable when:

12-17 (1) The child should be returned to his parents or placed with other

12-18 relatives;

12-19 [(b) The child’s placement in the foster home or other similar institution

12-20 should be continued; or

12-21 (c)] (2) It is in the best interests of the child to initiate proceedings to:

12-22 [(1)] (I) Terminate parental rights pursuant to chapter 128 of NRS so

12-23 that the child can be placed for adoption; or

12-24 [(2)] (II) Establish a guardianship pursuant to chapter 159 of NRS[.]

12-25 ; or

12-26 (3) The agency with legal custody of the child has produced

12-27 documentation of its conclusion that there is a compelling reason for the

12-28 placement of the child in another permanent living

12-29 arrangement.

12-30 The court shall prepare an explicit statement of the facts upon which

12-31 each of its determinations is based. If the court determines that it is in the

12-32 best interests of the child to terminate parental rights, the court shall use its

12-33 best efforts to ensure that the procedures required by chapter 128 of NRS

12-34 are completed within 6 months after the date the court makes that

12-35 determination, including, without limitation, appointing a private attorney

12-36 to expedite the completion of the procedures. The provisions of this

12-37 subsection do not limit the jurisdiction of the court to review any

12-38 decisions of the agency with legal custody of the child regarding the

12-39 permanent placement of the child.

12-40 4. If a child has been placed outside of his home and has resided

12-41 outside of his home pursuant to that placement for 14 months of any 20

12-42 consecutive months, the best interests of the child must be presumed to be

12-43 served by the termination of parental rights.

12-44 5. This hearing may take the place of the hearing for review required

12-45 by NRS 432B.580.

12-46 6. The provision of notice and an opportunity to be heard pursuant to

12-47 this section does not cause any person planning to adopt the child, or any

12-48 relative or provider of foster care to become a party to the hearing.

13-1 Sec. 15. NRS 127.152 is hereby amended to read as follows:

13-2 127.152 1. Except as otherwise provided in subsection 2, the division

13-3 or a licensed child-placing agency shall provide the adopting parents of a

13-4 child with a report which includes:

13-5 (a) A copy of any medical records of the child which are in the

13-6 possession of the division or licensed child-placing agency; and

13-7 (b) Any information obtained by the division or licensed child-placing

13-8 agency during interviews of the natural parent regarding:

13-9 (1) The medical and sociological history of the child and the natural

13-10 parents of the child; and

13-11 (2) Any behavioral, emotional or psychological problems that the

13-12 child may have. Information regarding any behavioral, emotional or

13-13 psychological problems that the child may have must be discussed in

13-14 accordance with policies adopted by the division for the disclosure of such

13-15 information.

13-16 2. The report created pursuant to subsection 1 must exclude any

13-17 information that would lead to the identification of the natural parent.

13-18 3. The division shall adopt regulations specifying the procedure and

13-19 format for the provision of information pursuant to this section, which

13-20 may include the provision of a summary of certain information. If a

13-21 summary is provided pursuant to this section, the adopting parents of the

13-22 child may also obtain the information set forth in subsection 1.

13-23 Sec. 16. Section 9 of chapter 517, Statutes of Nevada 1997, as last

13-24 amended by chapter 105, Statutes of Nevada 1999, at page 559, is hereby

13-25 amended to read as follows:

13-26 Sec. 9. The amendatory provisions of sections [1 to 5.5,

13-27 inclusive,] 3 and 5.5 of this act expire by limitation on June 30, 2001.

13-28 Sec. 17. Section 5 of chapter 557, Statutes of Nevada 1999, at page

13-29 2912, is hereby amended to read as follows:

13-30 Sec. 5. [1.] This section and sections 1 and 3 of this act become

13-31 effective upon passage and approval.

13-32 [2. Sections 2 and 4 of this act become effective on June 30,

13-33 2001.

13-34 3. Sections 1 and 3 of this act expire by limitation on June 30,

13-35 2001.]

13-36 Sec. 18. Section 2 of Assembly Bill No. 336 of this session is hereby

13-37 amended to read as follows:

13-38 Sec. 2. NRS 127.152 is hereby amended to read as follows:

13-39 127.152 1. Except as otherwise provided in subsection [2,] 3,

13-40 the division or a licensed child-placing agency shall provide the

13-41 adopting parents of a child with a report which includes:

13-42 (a) A copy of any medical records of the child which are in the

13-43 possession of the division or licensed child-placing agency . [; and]

13-44 (b) Any information obtained by the division or licensed child

13-45 -placing agency during interviews of the natural parent regarding:

13-46 (1) The medical and sociological history of the child and the

13-47 natural parents of the child; and

13-48 (2) Any behavioral, emotional or psychological problems that

13-49 the child may have. Information regarding any behavioral, emotional

13-50 or psychological problems that the child may have must be discussed

14-1 in accordance with policies adopted by the division for the disclosure

14-2 of such information.

14-3 (c) Written information regarding any subsidies, assistance and

14-4 other services that may be available to the child if it is determined

14-5 pursuant to NRS 127.186 that he has any special needs.

14-6 2. The division or child-placing agency shall obtain from the

14-7 adopting parents written confirmation that the adopting parents

14-8 have received the report required pursuant to subsection 1.

14-9 3. The report [created] required pursuant to subsection 1 must

14-10 exclude any information that would lead to the identification of the

14-11 natural parent.

14-12 [3.] 4. The division shall adopt regulations specifying the

14-13 procedure and format for the provision of information pursuant to this

14-14 section, which may include the provision of a summary of certain

14-15 information. If a summary is provided pursuant to this section, the

14-16 adopting parents of the child may also obtain the information set

14-17 forth in subsection 1.

14-18 Sec. 19. 1. Sections 2 and 4 of chapter 557, Statutes of Nevada

14-19 1999, at pages 2911 and 2912, respectively, are hereby repealed.

14-20 2. NRS 432B.600 is hereby repealed.

14-21 Sec. 20. 1. This section and sections 16 and 17 of this act and

14-22 subsection 1 of section 19 of this act become effective upon passage and

14-23 approval.

14-24 2. Sections 1 to 4, inclusive, 6 to 15, inclusive, and 18 of this act and

14-25 subsection 2 of section 19 of this act become effective on July 1, 2001.

14-26 3. Section 5 of this act becomes effective at 12:03 a.m. on July 1,

14-27 2001.

14-28 ²⁰~~~~~⁰¹