Assembly Bill No. 336–Assemblymen Dini, Parks, Giunchigliani, Ohrenschall, Manendo, Anderson, Arberry, Bache, Buckley, Chowning, Claborn, Collins, de Braga, Freeman, Goldwater, Koivisto, Lee, Leslie, McClain, Mortenson, Neighbors, Oceguera, Parnell, Perkins, Price, Smith and Williams

 

CHAPTER..........

 

AN ACT relating to the adoption of children; requiring the provision of certain information and assistance to certain adoptive parents, prospective adoptive parents and other persons involved in the process of adoption; requiring the division of child and family services of the department of human resources and a child-placing agency timely and diligently to schedule evaluations necessary to identify any special needs an adoptive child may have; 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. NRS 127.009 is hereby amended to read as follows:

   127.009  1.  The division shall prepare a booklet on adoption in this

 state which includes the following information:

   (a) The legal basis of adoption;

   (b) The purpose of adoption;

   (c) The process of adoption;

   (d) The number of children who are waiting to be adopted, including

 statistical information regarding:

     (1) The gender and ethnic background of the children who are

 waiting to be adopted;

     (2) The number of children placed in foster homes who are waiting to

 be adopted;

     (3) The number of children with special needs who are waiting to be

 adopted; and

     (4) The number of siblings who are waiting to be adopted;

   (e) The name and location of agencies in Nevada that place children

 with adoptive parents;

   (f) The number of prospective adoptive parents;

   (g) A comparison of Nevada to the surrounding states regarding the

 placement of children with adoptive parents; [and]

   (h) A comparison of the division to other agencies located in Nevada

 regarding the placement of children with adoptive parents[.] ; and

   (i) Any subsidies, assistance and other services that may be available

 to adoptive parents and prospective adoptive parents, including, without

 limitation, services for children with special needs.

   2.  The division shall:

   (a) Revise the information in the booklet annually.

   (b) Distribute the booklet to persons and organizations whose patients

 or clients are likely to become involved with the process of adoption in

 this state. The booklet must also be distributed to prospective adoptive

 parents and natural parents giving children up for adoption.

   3.  The division may accept gifts and grants to assist in the production

 and distribution of the booklet.

 

 

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

   127.152  1.  Except as otherwise provided in subsection [2,] 3, the

 division or a licensed child-placing agency shall provide the adopting

 parents of a child with a report which includes:

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

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

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

 agency during interviews of the natural parent regarding:

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

 parents of the child; and

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

 child may have. Information regarding any behavioral, emotional or

 psychological problems that the child may have must be discussed in

 accordance with policies adopted by the division for the disclosure of such

 information.

   (c) Written information regarding any subsidies, assistance and other

 services that may be available to the child if it is determined pursuant to

 NRS 127.186 that he has any special needs.

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

 adopting parents written confirmation that the adopting parents have

 received the report required pursuant to subsection 1.

   3.  The report [created] required pursuant to subsection 1 must exclude

 any information that would lead to the identification of the natural parent.

   Sec. 3.  NRS 127.186 is hereby amended to read as follows:

   127.186  1.  The division, or a child-placing agency licensed by the

 division pursuant to this chapter, may consent to the adoption of a child

 under 18 years of age with special needs due to race, age or physical or

 mental problems who is in the custody of the division or the licensed

 agency by proposed adoptive parents when, in the judgment of the

 division or the licensed agency, it would be in the best interests of the

 child to be placed in that adoptive home.

   2.  The division or child-placing agency shall [determine whether] in a

 timely and diligent manner:

   (a) Schedule any evaluations necessary to identify any special needs

 the child may have.

   (b) If it determines that the child has any special needs [and notify] :

     (1) Notify the proposed adoptive parents [of a child who is

 determined to have special needs:

   (a)] :

        (I) That they may be eligible for a grant of financial assistance

 pursuant to this section [if the petition for adoption is granted; and

   (b)] ; and

        (II) The manner in which to apply for such financial assistance[.] ;

 and

     (2) Assist the proposed adoptive parents in applying for and

 satisfying any other prerequisites necessary to obtain a grant of

 financial assistance pursuant to this section and any other relevant

 subsidies and services which may be available.

   3.  The division may grant financial assistance for attorney’s fees in the

 adoption proceeding, for maintenance and for preexisting physical or

mental conditions to the adoptive parents of a child with special needs out

of money provided for that purpose if the administrator of the division has

 reviewed and approved in writing the [proposed adoption and] grant of

 financial assistance.

   4.  The grant of financial assistance must be limited, both as to amount

 and duration, by agreement in writing between the division and the

 adoptive parents. [The agreement does] Such an agreement must not

 become effective [until] before the entry of the order of adoption.

   5.  Any grant of financial assistance must be reviewed and evaluated at

 least once annually by the division. The evaluation must be presented for

 approval to the administrator of the division. Financial assistance must be

 discontinued immediately upon written notification to the adoptive parents

 by the division that continued assistance is denied.

   6.  All financial assistance provided under this section ceases

 immediately when the child attains majority, becomes self-supporting, is

 emancipated or dies, whichever occurs first.

   7.  Neither a grant of financial assistance pursuant to this section nor

 any discontinuance of such assistance affects the legal status or respective

 obligations of any party to the adoption.

   8.  A court shall waive all court costs of the proposed adoptive parents

 in an adoption proceeding for a child with special needs if the division or

 child-placing agency consents to the adoption of such a child pursuant to

 this section.

   Sec. 4.  NRS 127.2817 is hereby amended to read as follows:

   127.2817  1.  The division shall[:

   1.  Adopt] adopt regulations setting forth the criteria to be used by the

 division or a licensed child-placing agency for determining whether a

 prospective adoptive home is suitable or unsuitable for the placement of a

 child for adoption . [; and

   2.  If a determination is made pursuant to an investigation required by]

   2.  Upon the completion of an investigation conducted by the division

 or a licensed child-placing agency pursuant to NRS 127.120 or

127.2805 , the division or child-placing agency shall inform the

 prospective adoptive parent or parents of the results of the investigation.

 If, pursuant to the investigation, a determination is made that a

 prospective adoptive home is unsuitable for placement or detrimental to

 the interest of the child, the division or child-placing agency shall provide

 the prospective adoptive parent or parents with an opportunity to review

 and respond to the investigation with the division before the issuance of

 the results of the investigation. The identity of those persons who are

 interviewed or submit information concerning the investigation must

 remain confidential.

   Sec. 5.  Section 3 of this act becomes effective at 12:01 a.m. on

 October 1, 2001.

 

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