Assembly Bill No. 429–Assemblyman Hettrick

 

March 19, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning protection of children from abuse and neglect. (BDR 38‑294)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the protection of children; requiring each person who submits a report or information to a court for consideration in certain proceedings concerning protective services for a child to provide a copy of the report or information to the parent or guardian of the child or the attorney of the parent or guardian within a certain time before the proceeding; providing that such a proceeding may be continued under certain circumstances; providing that the parent or guardian or the attorney of the parent or guardian is entitled to receive a copy of the recording or transcript of such a proceeding under certain circumstances; reducing the period within which the placement of a child with a person other than his parent must be reviewed; 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. Chapter 432B of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  1.  A person who submits a report or information to the

1-4  court for consideration in a proceeding held pursuant to NRS 432B.410

1-5  to 432B.590, inclusive, shall provide a copy of the report or information,

1-6  to the extent that the data or information in the report or information is

1-7  available pursuant to NRS 432B.290, to each parent or guardian of the

1-8  child who is the subject of the proceeding or to the attorney of each

1-9  parent or guardian not later than 72 hours before the proceeding.

1-10    2.  If a person does not provide a copy of a report or information to a

1-11  parent or guardian of a child or an attorney of the parent or guardian

1-12  before a proceeding as required by subsection 1, the court or master:

1-13    (a) Shall provide the parent or guardian and his attorney an

1-14  opportunity to review the report or information; and

1-15    (b) May grant a continuance of the proceeding until a later date that

1-16  is agreed upon by all the parties to the proceeding if the parent or

2-1  guardian or his attorney requests that the court grant the continuance so

2-2  that the parent or guardian and his attorney may properly respond to the

2-3  report or information.

2-4    3.  As used in this section, “person” includes, without limitation, a

2-5  government, governmental agency or political subdivision of a

2-6  government.

2-7    Sec. 3.  1.  If a proceeding held pursuant to NRS 432B.410 to

2-8  432B.590, inclusive, is recorded using sound recording equipment or is

2-9  transcribed, the clerk of the court shall, upon request, provide to a parent

2-10  or guardian of the child who is the subject of the proceeding or the

2-11  attorney of the parent or guardian a copy of the sound recording or

2-12  transcript of the proceeding if:

2-13    (a) Such a copy is available or could be made available; and

2-14    (b) The parent or guardian or the county in which the proceeding is

2-15  held, as appropriate, pays the fee for the copy in accordance with

2-16  subsection 2.

2-17    2.  Each board of county commissioners shall adopt a sliding scale

2-18  for determining the amount to be paid for a copy of a sound recording or

2-19  transcript of a proceeding pursuant to subsection 1 for a proceeding that

2-20  was held in a court in its county. The sliding scale must be based on the

2-21  ability of the parent or guardian to pay. The court shall review each case

2-22  and make a finding as to the reasonableness of the charge in relation to

2-23  the ability of the parent or guardian to pay. To the extent that the court

2-24  determines that a parent or guardian is unable to pay for a copy of the

2-25  recording or transcript pursuant to subsection 1, the cost of providing the

2-26  copy of the sound recording or transcript is a charge against the county

2-27  in which the proceeding was held.

2-28    Sec. 4.  NRS 432B.190 is hereby amended to read as follows:

2-29    432B.190  The division of child and family services shall adopt

2-30  regulations establishing reasonable and uniform standards for:

2-31    1.  Protective services provided in this state;

2-32    2.  Programs for the prevention of abuse or neglect of a child;

2-33    3.  The development of local councils involving public and private

2-34  organizations;

2-35    4.  Reports of abuse or neglect, records of these reports and the

2-36  response to these reports;

2-37    5.  The management and assessment of reported cases of abuse or

2-38  neglect;

2-39    6.  The protection of the legal rights of parents and children;

2-40    7.  Emergency shelter for a child;

2-41    8.  The prevention, identification and correction of abuse or neglect of

2-42  a child in residential institutions;

2-43    9.  Evaluating the development and contents of a plan submitted for

2-44  approval pursuant to NRS 432B.395;

2-45    10.  Developing and distributing to persons who are responsible for a

2-46  child’s welfare a pamphlet that sets forth the procedures for taking a child

2-47  for placement in protective custody and the legal rights of persons who are

2-48  parties to a proceeding held pursuant to NRS 432B.410 to 432B.590,

3-1  inclusive, and sections 2 and 3 of this act, during all stages of the

3-2  proceeding; and

3-3    11.  Making the necessary inquiries required pursuant to NRS

3-4  432B.397 to determine whether a child is an Indian child.

3-5    Sec. 5.  NRS 432B.280 is hereby amended to read as follows:

3-6    432B.280  1.  Reports made pursuant to this chapter, as well as all

3-7  records concerning these reports and investigations thereof, are

3-8  confidential.

3-9    2.  Any person, law enforcement agency or public agency, institution or

3-10  facility who willfully releases data or information concerning such reports

3-11  and investigations, except:

3-12    (a) Pursuant to a criminal prosecution relating to the abuse or neglect of

3-13  a child; [or]

3-14    (b) As otherwise authorized or required pursuant to NRS 432B.290[,] ;

3-15  or

3-16    (c) As otherwise required pursuant to section 2 of this act,

3-17  is guilty of a misdemeanor.

3-18    Sec. 6.  NRS 432B.290 is hereby amended to read as follows:

3-19    432B.290  1.  Except as otherwise provided in subsections 2 and 3[,]

3-20  and section 2 of this act, data or information concerning reports and

3-21  investigations thereof made pursuant to this chapter may be made available

3-22  only to:

3-23    (a) A physician, if the physician has before him a child who he has

3-24  reasonable cause to believe has been abused or neglected;

3-25    (b) A person authorized to place a child in protective custody, if the

3-26  person has before him a child who he has reasonable cause to believe has

3-27  been abused or neglected and the person requires the information to

3-28  determine whether to place the child in protective custody;

3-29    (c) An agency, including, without limitation, an agency in another

3-30  jurisdiction, responsible for or authorized to undertake the care, treatment

3-31  or supervision of:

3-32      (1) The child; or

3-33      (2) The person responsible for the welfare of the child;

3-34    (d) A district attorney or other law enforcement officer who requires the

3-35  information in connection with an investigation or prosecution of the abuse

3-36  or neglect of a child;

3-37    (e) A court, for in camera inspection only, unless the court determines

3-38  that public disclosure of the information is necessary for the determination

3-39  of an issue before it;

3-40    (f) A person engaged in bona fide research or an audit, but information

3-41  identifying the subjects of a report must not be made available to him;

3-42    (g) The attorney and the guardian ad litem of the child;

3-43    (h) A grand jury upon its determination that access to these records is

3-44  necessary in the conduct of its official business;

3-45    (i) A federal, state or local governmental entity, or an agency of such an

3-46  entity, that needs access to the information to carry out its legal

3-47  responsibilities to protect children from abuse and neglect;

3-48    (j) A team organized pursuant to NRS 432B.350 for the protection of a

3-49  child;

4-1    (k) A team organized pursuant to NRS 432B.405 to review the death of

4-2  a child;

4-3    (l) A parent or legal guardian of the child or an attorney of a parent or

4-4  guardian of the child, if the identity of the person responsible for reporting

4-5  the alleged abuse or neglect of the child to a public agency is kept

4-6  confidential;

4-7    (m) The persons who are the subject of a report;

4-8    (n) An agency that is authorized by law to license foster homes or

4-9  facilities for children or to investigate persons applying for approval to

4-10  adopt a child, if the agency has before it an application for that license or is

4-11  investigating an applicant to adopt a child;

4-12    (o) Upon written consent of the parent, any officer of this state or a city

4-13  or county thereof or legislator authorized, by the agency or department

4-14  having jurisdiction or by the legislature, acting within its jurisdiction, to

4-15  investigate the activities or programs of an agency that provides protective

4-16  services if:

4-17      (1) The identity of the person making the report is kept confidential;

4-18  and

4-19      (2) The officer, legislator or a member of his family is not the person

4-20  alleged to have committed the abuse or neglect;

4-21    (p) The division of parole and probation of the department of motor

4-22  vehicles and public safety for use pursuant to NRS 176.135 in making a

4-23  presentence investigation and report to the district court or pursuant to

4-24  NRS 176.151 in making a general investigation and report;

4-25    (q) The rural advisory board to expedite proceedings for the placement

4-26  of children created pursuant to NRS 432B.602 or a local advisory board to

4-27  expedite proceedings for the placement of children created pursuant to

4-28  NRS 432B.604; or

4-29    (r) The panel established pursuant to NRS 432B.396 to evaluate

4-30  agencies which provide protective services.

4-31    2.  An agency investigating a report of the abuse or neglect of a child

4-32  shall, upon request, provide to a person named in the report as allegedly

4-33  causing the abuse or neglect of the child:

4-34    (a) A copy of:

4-35      (1) Any statement made in writing to an investigator for the agency

4-36  by the person named in the report as allegedly causing the abuse or neglect

4-37  of the child; or

4-38      (2) Any recording made by the agency of any statement made orally

4-39  to an investigator for the agency by the person named in the report as

4-40  allegedly causing the abuse or neglect of the child; or

4-41    (b) A written summary of the allegations made against the person who

4-42  is named in the report as allegedly causing the abuse or neglect of the

4-43  child. The summary must not identify the person responsible for reporting

4-44  the alleged abuse or neglect.

4-45    3.  An agency which provides protective services shall disclose the

4-46  identity of a person who makes a report or otherwise initiates an

4-47  investigation pursuant to this chapter if a court, after reviewing the record

4-48  in camera and determining that there is reason to believe that the person

4-49  knowingly made a false report, orders the disclosure.

5-1    4.  Any person, except for:

5-2    (a) The subject of a report;

5-3    (b) A district attorney or other law enforcement officer initiating legal

5-4  proceedings; or

5-5    (c) An employee of the division of parole and probation of the

5-6  department of motor vehicles and public safety making a presentence

5-7  investigation and report to the district court pursuant to NRS 176.135 or

5-8  making a general investigation and report pursuant to
NRS 176.151,

5-9  who is given access, pursuant to subsection 1, to information identifying

5-10  the subjects of a report and who makes this information public is guilty of a

5-11  misdemeanor.

5-12    5.  The division of child and family services shall adopt regulations to

5-13  carry out the provisions of this section.

5-14    Sec. 7.  NRS 432B.470 is hereby amended to read as follows:

5-15    432B.470  1.  [A] Except as otherwise provided in section 2 of this

5-16  act, a child taken into protective custody pursuant to NRS 432B.390 must

5-17  be given a hearing, conducted by a judge, master or special master

5-18  appointed by the judge for that particular hearing, within 72 hours,

5-19  excluding Saturdays, Sundays and holidays, after being taken into custody,

5-20  to determine whether the child should remain in protective custody pending

5-21  further action by the court.

5-22    2.  Notice of the time and place of the hearing must be given to a parent

5-23  or other person responsible for the child’s welfare:

5-24    (a) By personal service of a written notice;

5-25    (b) Orally; or

5-26    (c) If the parent or other person responsible for the child’s welfare

5-27  cannot be located after a reasonable effort, by posting a written notice on

5-28  the door of his residence.

5-29    3.  If notice is given by means of paragraph (b) or (c) of subsection 2, a

5-30  copy of the notice must be mailed to the person at his last known address

5-31  within 24 hours after the child is placed in protective custody.

5-32    Sec. 8.  NRS 432B.530 is hereby amended to read as follows:

5-33    432B.530  1.  An adjudicatory hearing must be held within 30 days

5-34  after the filing of the petition, unless good cause is shown[.] or the

5-35  hearing has been continued until a later date pursuant to section 2 of this

5-36  act.

5-37    2.  At the hearing, the court shall inform the parties of the specific

5-38  allegations in the petition and give them an opportunity to admit or deny

5-39  them. If the allegations are denied, the court shall hear evidence on the

5-40  petition.

5-41    3.  In adjudicatory hearings all relevant and material evidence helpful

5-42  in determining the questions presented, including oral and written reports,

5-43  may be received by the court and may be relied upon to the extent of its

5-44  probative value. The parties or their attorney must be afforded an

5-45  opportunity to examine and controvert written reports so received and to

5-46  cross-examine individuals making reports when reasonably available.

5-47    4.  The court may require the child to be present in court at the hearing.

6-1    5.  If the court finds by a preponderance of the evidence that the child

6-2  is in need of protection, it shall record its findings of fact and may proceed

6-3  immediately or at another hearing held within 15 working days, to make a

6-4  proper disposition of the case. If the court finds that the allegations in the

6-5  petition have not been established, it shall dismiss the petition and, if the

6-6  child is in protective custody, order the immediate release of the child.

6-7    Sec. 9.  NRS 432B.580 is hereby amended to read as follows:

6-8    432B.580  1.  Except as otherwise provided in this section[,] and

6-9  section 2 of this act, if a child is placed pursuant to NRS 432B.550 other

6-10  than with a parent, the placement must be reviewed by the court at least

6-11  [semiannually.] every 90 days. Unless the parent, guardian or the custodian

6-12  objects to the referral, the court may enter an order directing that the

6-13  placement be reviewed by a panel appointed pursuant to NRS 432B.585.

6-14    2.  An agency acting as the custodian of the child shall, before any

6-15  hearing for review of the placement of a child, submit a report to the court,

6-16  or to the panel if it has been designated to review the matter, which

6-17  includes an evaluation of the progress of the child and his family and any

6-18  recommendations for further supervision, treatment or rehabilitation. A

6-19  copy of the report must be given to the parents, the guardian ad litem and

6-20  the attorney, if any, representing the parent or the child.

6-21    3.  The court or the panel shall hold a hearing to review the placement,

6-22  unless the parent, guardian or custodian files a motion with the court to

6-23  dispense with the hearing. If the motion is granted, the court or panel may

6-24  make its determination from any report, statement or other information

6-25  submitted to it.

6-26    4.  Notice of the hearing must be given by registered or certified mail

6-27  to:

6-28    (a) All the parties to any of the prior proceedings; and

6-29    (b) Any persons planning to adopt the child, relatives of the child or

6-30  providers of foster care who are currently providing care to the
child,

6-31  except a parent whose rights have been terminated pursuant to chapter 128

6-32  of NRS or who has voluntarily relinquished the child for adoption pursuant

6-33  to NRS 127.040.

6-34    5.  The court or panel may require the presence of the child at the

6-35  hearing and shall provide to each person to whom notice was given

6-36  pursuant to subsection 4 an opportunity to be heard at the hearing.

6-37    6.  The court or panel shall review:

6-38    (a) The continuing necessity for and appropriateness of the placement;

6-39    (b) The extent of compliance with the plan submitted pursuant to

6-40  subsection 2 of NRS 432B.540;

6-41    (c) Any progress which has been made in alleviating the problem which

6-42  resulted in the placement of the child; and

6-43    (d) The date the child may be returned to, and safely maintained in, his

6-44  home or placed for adoption or under a legal guardianship.

6-45    7.  The provision of notice and an opportunity to be heard pursuant to

6-46  this section does not cause any person planning to adopt the child, or any

6-47  relative or provider of foster care to become a party to the hearing.

 

7-1    Sec. 10.  NRS 432B.585 is hereby amended to read as follows:

7-2    432B.585  For the purposes of conducting the [semiannual] review

7-3  required by NRS 432B.580, the judge or judges of the court may by mutual

7-4  consent appoint a panel of three or more persons. The persons so appointed

7-5  shall serve without compensation and at the pleasure of the court.

7-6    Sec. 11.  NRS 432B.590 is hereby amended to read as follows:

7-7    432B.590  1.  Except as otherwise provided in NRS 432B.600[,] and

7-8  section 2 of this act, the court shall hold a hearing concerning the

7-9  permanent placement of a child:

7-10    (a) Not later than 12 months after the initial removal of the child from

7-11  his home and annually thereafter.

7-12    (b) Within 30 days after making any of the findings set forth in

7-13  subsection 3 of NRS 432B.393.

7-14  Notice of this hearing must be given by registered or certified mail to all

7-15  [of] the persons to whom notice must be given pursuant to subsection 4 of

7-16  NRS 432B.580.

7-17    2.  The court may require the presence of the child at the hearing and

7-18  shall provide to each person to whom notice was given pursuant to

7-19  subsection 1 an opportunity to be heard at the hearing.

7-20    3.  At the hearing, the court shall establish a plan for the permanent

7-21  placement of the child and determine whether:

7-22    (a) The child should be returned to his parents or other relatives;

7-23    (b) The child’s placement in the foster home or other similar institution

7-24  should be continued; or

7-25    (c) It is in the best interests of the child to initiate proceedings to:

7-26      (1) Terminate parental rights pursuant to chapter 128 of NRS so that

7-27  the child can be placed for adoption; or

7-28      (2) Establish a guardianship pursuant to chapter 159 of
NRS.

7-29  If the court determines that it is in the best interests of the child to

7-30  terminate parental rights, the court shall use its best efforts to ensure that

7-31  the procedures required by chapter 128 of NRS are completed within 6

7-32  months after the date the court makes that determination, including,

7-33  without limitation, appointing a private attorney to expedite the completion

7-34  of the procedures.

7-35    4.  If a child has been placed outside of his home and has resided

7-36  outside of his home pursuant to that placement for 14 months of any 20

7-37  consecutive months, the best interests of the child must be presumed to be

7-38  served by the termination of parental rights.

7-39    5.  This hearing may take the place of the hearing for review required

7-40  by NRS 432B.580.

7-41    6.  The provision of notice and an opportunity to be heard pursuant to

7-42  this section does not cause any person planning to adopt the child, or any

7-43  relative or provider of foster care to become a party to the hearing.

7-44    Sec. 12.  NRS 3.370 is hereby amended to read as follows:

7-45    3.370  1.  Except as otherwise provided in subsection 3, for his

7-46  services the official reporter or reporter pro tempore is entitled to the

7-47  following fees:

8-1    (a) For being available to report civil and criminal testimony and

8-2  proceedings when the court is sitting during traditional business hours on

8-3  any day except Sunday, $150 per day, to be paid by the county as provided

8-4  in subsection 4.

8-5    (b) For being available to report civil and criminal testimony and

8-6  proceedings when the court is sitting beyond traditional business hours or

8-7  on Sunday:

8-8       (1) If the reporter has been available to report for at least 4 hours, $35

8-9  per hour for each hour of availability; or

8-10      (2) If the reporter has been available to report for fewer than
4 hours, a pro rata amount based on the daily rate set forth in
paragraph (a),

8-11  to be paid by the county as provided in subsection 4.

8-12    (c) For transcription:

8-13      (1) Except as otherwise provided in subparagraph (2), for the original

8-14  draft and any copy to be delivered:

8-15        (I) Within 24 hours after it is requested, $7.10 per page for the

8-16  original draft and one copy, and $1.10 per page for each additional copy;

8-17        (II) Within 48 hours after it is requested, $5.32 per page for the

8-18  original draft and one copy, and 83 cents per page for each additional copy;

8-19        (III) Within 4 days after it is requested, $4.43 per page for the

8-20  original draft and one copy, and 69 cents per page for each additional copy;

8-21  or

8-22        (IV) More than 4 days after it is requested, $3.55 per page for the

8-23  original draft and one copy, and 55 cents per page for each additional copy.

8-24      (2) For civil litigants who are ordering the original draft and are

8-25  represented by a nonprofit legal corporation or a program for pro bono

8-26  legal assistance, for the original draft and any copy to be delivered:

8-27        (I) Within 24 hours after it is requested, $5.50 per page and $1.10

8-28  per page for each additional copy;

8-29        (II) Within 48 hours after it is requested, $4.13 per page and 83

8-30  cents per page for each additional copy;

8-31        (III) Within 4 days after it is requested, $3.44 per page and 69

8-32  cents per page for each additional copy; or

8-33        (IV) More than 4 days after it is requested, $2.75 per page and 55

8-34  cents per page for each additional copy.

8-35      (3) For any party other than the party ordering the original draft, for

8-36  the copy of the draft to be delivered:

8-37        (I) Within 24 hours after it is requested, $1.10 per page;

8-38        (II) Within 48 hours after it is requested, 83 cents per page;

8-39        (III) Within 4 days after it is requested, 69 cents per page; or

8-40        (IV) More than 4 days after it is requested, 55 cents per page.

8-41    (d) For reporting all civil matters, in addition to the fees provided in

8-42  paragraphs (a) and (b), $20 for each hour or fraction thereof actually spent,

8-43  to be taxed as costs pursuant to subsection 5.

8-44    (e) For providing an instantaneous translation of testimony into English

8-45  which appears on a computer that is located at a table in the courtroom

8-46  where the attorney who requested the translation is seated:

9-1       (1) Except as otherwise provided in this subparagraph, in all criminal

9-2  matters in which a party requests such a translation, in addition to the fees

9-3  provided pursuant to paragraphs (a) and (b), $140 for the first day and $90

9-4  per day for each subsequent day from the party who makes the request.

9-5  This additional fee must be paid by the county as provided pursuant to

9-6  subsection 4 only if the court issues an order granting the translation

9-7  service to the prosecuting attorney or to an indigent defendant who is

9-8  represented by a county or state public defender.

9-9       (2) In all civil matters in which a party requests such a translation, in

9-10  addition to the fees provided pursuant to paragraphs (a), (b) and (d), $140

9-11  for the first day and $90 per day for each subsequent day, to be paid by the

9-12  party who requests the translation.

9-13    (f) For providing a diskette containing testimony prepared from a

9-14  translation provided pursuant to paragraph (e):

9-15      (1) Except as otherwise provided in this subparagraph, in all criminal

9-16  matters in which a party requests the diskette and the reporter agrees to

9-17  provide the diskette, in addition to the fees provided pursuant to paragraphs

9-18  (a), (b) and (e), $1.50 per page of the translation contained on the diskette

9-19  from the party who makes the request. This additional fee must be paid by

9-20  the county as provided pursuant to subsection 4 only if the court issues an

9-21  order granting the diskette to the prosecuting attorney or to an indigent

9-22  defendant who is represented by a county or state public defender.

9-23      (2) In all civil matters in which a party requests the diskette and the

9-24  reporter agrees to provide the diskette, in addition to the fees provided

9-25  pursuant to paragraphs (a), (b), (d) and (e), $1.50 per page of the

9-26  translation contained on the diskette, to be paid by the party who requests

9-27  the diskette.

9-28    2.  For the purposes of subsection 1, a page is a sheet of paper 8 1/2 by

9-29  11 inches. The left margin must not be more than 1 1/2 inches from the left

9-30  edge of the paper. The right margin must not be more than three-fourths of

9-31  an inch from the right edge of the paper. Each sheet must be numbered on

9-32  the left margin and must contain at least 24 lines of type. The first line of

9-33  each question and of each answer may be indented not more than five

9-34  spaces from the left margin. The first line of any paragraph or other

9-35  material may be indented not more than 10 spaces from the left margin.

9-36  There must not be more than one space between words or more than two

9-37  spaces between sentences. The type size must not be larger than 10

9-38  characters per inch. The lines of type may be double spaced or one and

9-39  one-half spaced.

9-40    3.  If the services of more than one reporter are required by the court in

9-41  a criminal proceeding, each reporter is entitled to receive:

9-42    (a) The fees set forth in paragraphs (a) and (b) of subsection 1 and

9-43  subparagraph (1) of paragraph (e) of subsection 1, as appropriate; and

9-44    (b) A fee of $5.33 per page for the original draft and one copy, and 83

9-45  cents per page for each additional copy for transcribing a proceeding of

9-46  which the transcripts are ordered by the court to be delivered on or before

9-47  the start of the next day the court is scheduled to conduct business.

9-48    4.  The fees specified in paragraphs (a) and (b) of subsection 1, the fees

9-49  for transcripts in criminal cases ordered by the court to be made, the fees

10-1  for transcripts in civil cases ordered by the court pursuant to NRS

10-2  12.015, the fees for transcripts for parents or guardians or attorneys of

10-3  parents or guardians who receive transcripts pursuant to section 3 of this

10-4  act, the fees in criminal cases that are ordered by the court pursuant to

10-5  subparagraph (1) of paragraph (e) and subparagraph (1) of paragraph (f) of

10-6  subsection 1 and the fees specified in subsection 3 must be paid out of the

10-7  county treasury upon the order of the court. When there is no official

10-8  reporter in attendance and a reporter pro tempore is appointed, his

10-9  reasonable expenses for traveling and detention must be fixed and allowed

10-10  by the court and paid in the same manner. The respective district judges

10-11  may, with the approval of the respective board or boards of county

10-12  commissioners within the judicial district, fix a monthly salary to be paid

10-13  to the official reporter in lieu of per diem. The salary, and also actual

10-14  traveling expenses in cases where the reporter acts in more than one

10-15  county, must be prorated by the judge on the basis of time consumed by

10-16  work in the respective counties and must be paid out of the respective

10-17  county treasuries upon the order of the court.

10-18  5.  [In] Except as otherwise provided in subsection 4, in civil cases ,

10-19  the fees prescribed in paragraph (d) of subsection 1 and for transcripts

10-20  ordered by the court to be made must be paid by the parties in equal

10-21  proportions, and either party may, at his option, pay the whole fee. In either

10-22  case, all amounts so paid by the party to whom costs are awarded must be

10-23  taxed as costs in the case. The fees for transcripts and copies ordered by the

10-24  parties must be paid by the party ordering them. No reporter may be

10-25  required to perform any service in a civil case until his fees have been paid

10-26  to him or deposited with the clerk of the court.

10-27  6.  Where a transcript is ordered by the court or by any party, the fees

10-28  for it must be paid to the clerk of the court and by him paid to the reporter

10-29  upon the furnishing of the transcript.

10-30  7.  The testimony and proceedings in an uncontested divorce action

10-31  need not be transcribed unless requested by a party or ordered by the court.

10-32  Sec. 13.  This act becomes effective on July 1, 2001.

 

10-33  H