Assembly Bill No. 429–Assemblyman Hettrick
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432B of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 3, a person
who submits a report or information to the court for consideration in a
proceeding held pursuant to NRS 432B.500 to 432B.590, inclusive, shall
provide a copy of the report or information, to the extent that the data or
information in the report or information is available pursuant to NRS
432B.290, to each parent or guardian of the child who is the subject of
the proceeding and to the attorney of each parent or guardian not later
than 72 hours before the proceeding.
2. If a person does not provide a copy of a report or information to a
parent or guardian of a child and an attorney of the parent or guardian
before a proceeding if required by subsection 1, the court or master:
(a) Shall provide the parent or guardian and his attorney an
opportunity to review the report or information; and
(b) May grant a continuance of the proceeding until a later date that
is agreed upon by all the parties to the proceeding if the parent or
guardian or his attorney requests that the court grant the continuance so
that the parent or guardian and his attorney may properly respond to the
report or information.
3. If a child was delivered to a provider of emergency services
pursuant to section 1 of Senate Bill No. 191 of this session and the
location of the parent of the child is unknown, a copy of a report or
information described in subsection 1 need not be sent to that parent or
his attorney pursuant to subsection 1.
4. As used in this section, “person” includes, without limitation, a
government, governmental agency or political subdivision of a
government.
Sec. 3. 1. If a proceeding held pursuant to NRS 432B.410 to
432B.590, inclusive, is recorded using sound recording equipment or is
transcribed, the clerk of the court shall, upon request, provide to a
parent or guardian of the child who is the subject of the proceeding and
the
attorney of the parent or guardian a copy of the sound recording or
transcript of the proceeding if:
(a) Such a copy is available or could be made available; and
(b) The parent or guardian or the county in which the proceeding is
held, as appropriate, pays the fee for the copy in accordance with
subsection 2.
2. Each board of county commissioners shall adopt a sliding scale
for determining the amount to be paid for a copy of a sound recording or
transcript of a proceeding pursuant to subsection 1 for a proceeding that
was held in a court in its county. The sliding scale must be based on the
ability of the parent or guardian to pay. The court shall review each case
and make a finding as to the reasonableness of the charge in relation to
the ability of the parent or guardian to pay. To the extent that the court
determines that a parent or guardian is unable to pay for a copy of the
recording or transcript pursuant to subsection 1, the cost of providing
the copy of the sound recording or transcript is a charge against the
county in which the proceeding was held.
Sec. 4. NRS 432B.190 is hereby amended to read as follows:
432B.190 The division of child and family services shall adopt
regulations establishing reasonable and uniform standards for:
1. Protective services provided in this state;
2. Programs for the prevention of abuse or neglect of a child;
3. The development of local councils involving public and private
organizations;
4. Reports of abuse or neglect, records of these reports and the
response to these reports;
5. The management and assessment of reported cases of abuse or
neglect;
6. The protection of the legal rights of parents and children;
7. Emergency shelter for a child;
8. The prevention, identification and correction of abuse or neglect of
a child in residential institutions;
9. Evaluating the development and contents of a plan submitted for
approval pursuant to NRS 432B.395;
10. Developing and distributing to persons who are responsible for a
child’s welfare a pamphlet that sets forth the procedures for taking a child
for placement in protective custody and the legal rights of persons who are
parties to a proceeding held pursuant to NRS 432B.410 to 432B.590,
inclusive, and sections 3 and 4 of this act, during all stages of the
proceeding; and
11. Making the necessary inquiries required pursuant to NRS
432B.397 to determine whether a child is an Indian child.
Sec. 5. NRS 432B.280 is hereby amended to read as follows:
432B.280 1. Reports made pursuant to this chapter, as well as all
records concerning these reports and investigations thereof, are
confidential.
2. Any person, law enforcement agency or public agency, institution or
facility who willfully releases data or information concerning such reports
and investigations, except:
(a) Pursuant to a criminal prosecution relating to the abuse or neglect of
a child; [or]
(b) As otherwise authorized or required pursuant to NRS 432B.290[,] ;
or
(c) As otherwise required pursuant to section 2 of this act,
is guilty of a misdemeanor.
Sec. 6. NRS 432B.290 is hereby amended to read as follows:
432B.290 1. Except as otherwise provided in subsections 2 and 3[,]
and section 2 of this act, data or information concerning reports and
investigations thereof made pursuant to this chapter may be made
available only to:
(a) A physician, if the physician has before him a child who he has
reasonable cause to believe has been abused or neglected;
(b) A person authorized to place a child in protective custody, if the
person has before him a child who he has reasonable cause to believe has
been abused or neglected and the person requires the information to
determine whether to place the child in protective custody;
(c) An agency, including, without limitation, an agency in another
jurisdiction, responsible for or authorized to undertake the care, treatment
or supervision of:
(1) The child; or
(2) The person responsible for the welfare of the child;
(d) A district attorney or other law enforcement officer who requires the
information in connection with an investigation or prosecution of the
abuse or neglect of a child;
(e) A court, for in camera inspection only, unless the court determines
that public disclosure of the information is necessary for the determination
of an issue before it;
(f) A person engaged in bona fide research or an audit, but information
identifying the subjects of a report must not be made available to him;
(g) The attorney and the guardian ad litem of the child;
(h) A grand jury upon its determination that access to these records is
necessary in the conduct of its official business;
(i) A federal, state or local governmental entity, or an agency of such an
entity, that needs access to the information to carry out its legal
responsibilities to protect children from abuse and neglect;
(j) A team organized pursuant to NRS 432B.350 for the protection of a
child;
(k) A team organized pursuant to NRS 432B.405 to review the death of
a child;
(l) A parent or legal guardian of the child and an attorney of a parent
or guardian of the child, if the identity of the person responsible for
reporting the alleged abuse or neglect of the child to a public agency is
kept confidential;
(m) The persons who are the subject of a report;
(n) An agency that is authorized by law to license foster homes or
facilities for children or to investigate persons applying for approval to
adopt a child, if the agency has before it an application for that license or
is investigating an applicant to adopt a child;
(o) Upon written consent of the parent, any officer of this state or a city
or county thereof or legislator authorized, by the agency or department
having jurisdiction or by the legislature, acting within its jurisdiction, to
investigate the activities or programs of an agency that provides protective
services if:
(1) The identity of the person making the report is kept confidential;
and
(2) The officer, legislator or a member of his family is not the person
alleged to have committed the abuse or neglect;
(p) The division of parole and probation of the department of motor
vehicles and public safety for use pursuant to NRS 176.135 in making a
presentence investigation and report to the district court or pursuant to
NRS 176.151 in making a general investigation and report;
(q) The rural advisory board to expedite proceedings for the placement
of children created pursuant to NRS 432B.602 or a local advisory board to
expedite proceedings for the placement of children created pursuant to
NRS 432B.604; or
(r) The panel established pursuant to NRS 432B.396 to evaluate
agencies which provide protective services.
2. An agency investigating a report of the abuse or neglect of a child
shall, upon request, provide to a person named in the report as allegedly
causing the abuse or neglect of the child:
(a) A copy of:
(1) Any statement made in writing to an investigator for the agency
by the person named in the report as allegedly causing the abuse or neglect
of the child; or
(2) Any recording made by the agency of any statement made orally
to an investigator for the agency by the person named in the report as
allegedly causing the abuse or neglect of the child; or
(b) A written summary of the allegations made against the person who
is named in the report as allegedly causing the abuse or neglect of the
child. The summary must not identify the person responsible for reporting
the alleged abuse or neglect.
3. An agency which provides protective services shall disclose the
identity of a person who makes a report or otherwise initiates an
investigation pursuant to this chapter if a court, after reviewing the record
in camera and determining that there is reason to believe that the person
knowingly made a false report, orders the disclosure.
4. Any person, except for:
(a) The subject of a report;
(b) A district attorney or other law enforcement officer initiating legal
proceedings; or
(c) An employee of the division of parole and probation of the
department of motor vehicles and public safety making a presentence
investigation and report to the district court pursuant to NRS 176.135 or
making a general investigation and report pursuant to
NRS 176.151,
who is given access, pursuant to subsection 1, to information identifying
the subjects of a report and who makes this information public is guilty of
a misdemeanor.
5. The division of child and family services shall adopt regulations to
carry out the provisions of this section.
Sec. 7. NRS 432B.420 is hereby amended to read as follows:
432B.420 1. A parent or other person responsible for the welfare of a
child who is alleged to have abused or neglected the child may be
represented by an attorney at all stages of any proceedings under NRS
432B.410 to 432B.590, inclusive. Except as otherwise provided in
subsection 2, if the person is indigent, the court may appoint an attorney to
represent him. The court may, if it finds it appropriate, appoint an attorney
to represent the child. The child may be represented by an attorney at all
stages of any proceedings held pursuant to NRS 432B.410 to 432B.590,
inclusive. If the child is represented by an attorney, the attorney has the
same authority and rights as an attorney representing a party to the
proceedings.
2. If the court determines that the parent of an Indian child for whom
protective custody is sought is indigent, the court:
(a) Shall appoint an attorney to represent the parent;
(b) May appoint an attorney to represent the Indian child; and
(c) May apply to the Secretary of the Interior for the payment of the fees
and expenses of such an attorney,
as provided in the Indian Child Welfare Act.
3. Each attorney, other than a public defender, if appointed under the
provisions of subsection 1, is entitled to the same compensation and
payment for expenses from the county as provided in NRS 7.125 and
7.135 for an attorney appointed to represent a person charged with a
crime. Except as otherwise provided in NRS 432B.500, an attorney
appointed to represent a child may also be appointed as guardian ad litem
for the child. He may not receive any compensation for his services as a
guardian ad litem.
Sec. 8. NRS 432B.530 is hereby amended to read as follows:
432B.530 1. An adjudicatory hearing must be held within 30 days
after the filing of the petition, unless good cause is shown[.] or the
hearing has been continued until a later date pursuant to section 2 of
this act.
2. At the hearing, the court shall inform the parties of the specific
allegations in the petition and give them an opportunity to admit or deny
them. If the allegations are denied, the court shall hear evidence on the
petition.
3. In adjudicatory hearings all relevant and material evidence helpful
in determining the questions presented, including oral and written reports,
may be received by the court and may be relied upon to the extent of its
probative value. The parties or their attorney must be afforded an
opportunity to examine and controvert written reports so received and to
cross-examine individuals making reports when reasonably available.
4. The court may require the child to be present in court at the hearing.
5. If the court finds by a preponderance of the evidence that the child
is in need of protection, it shall record its findings of fact and may proceed
immediately or at another hearing held within 15 working days, to make a
proper disposition of the case. If the court finds that the allegations in the
petition have not been established, it shall dismiss the petition and, if the
child is in protective custody, order the immediate release of the child.
Sec. 9. NRS 432B.580 is hereby amended to read as follows:
432B.580 1. Except as otherwise provided in this section[,] and
section 2 of this act, if a child is placed pursuant to NRS 432B.550 other
than with a parent, the placement must be reviewed by the court at least
semiannually [.] , and within 90 days after a request by a party to any of
the prior proceedings. Unless the parent, guardian or the custodian objects
to the referral, the court may enter an order directing that the placement be
reviewed by a panel appointed pursuant to NRS 432B.585.
2. An agency acting as the custodian of the child shall, before any
hearing for review of the placement of a child, submit a report to the court,
or to the panel if it has been designated to review the matter, which
includes an evaluation of the progress of the child and his family and any
recommendations for further supervision, treatment or rehabilitation.
Except as otherwise provided in this subsection, a copy of the report must
be given to the parents, the guardian ad litem and the attorney, if any,
representing the parent or the child. If the child was delivered to a provider
of emergency services pursuant to section 1 of Senate Bill No. 191 of this
[act] session and the parent has not appeared in the action, the report need
not be sent to that parent.
3. The court or the panel shall hold a hearing to review the placement,
unless the parent, guardian or custodian files a motion with the court to
dispense with the hearing. If the motion is granted, the court or panel may
make its determination from any report, statement or other information
submitted to it.
4. Except as otherwise provided in this subsection and paragraph (c) of
subsection 4 of NRS 432B.520, notice of the hearing must be given by
registered or certified mail to:
(a) All the parties to any of the prior proceedings; and
(b) Any persons planning to adopt the child, relatives of the child or
providers of foster care who are currently providing care to the child.
Notice of the hearing need not be given to a parent whose rights have been
terminated pursuant to chapter 128 of NRS or who has voluntarily
relinquished the child for adoption pursuant to NRS 127.040.
5. The court or panel may require the presence of the child at the
hearing and shall provide to each person to whom notice was given
pursuant to subsection 4 an opportunity to be heard at the hearing.
6. The court or panel shall review:
(a) The continuing necessity for and appropriateness of the placement;
(b) The extent of compliance with the plan submitted pursuant to
subsection 2 of NRS 432B.540;
(c) Any progress which has been made in alleviating the problem which
resulted in the placement of the child; and
(d) The date the child may be returned to, and safely maintained in, his
home or placed for adoption or under a legal guardianship.
7. The provision of notice and an opportunity to be heard pursuant to
this section does not cause any person planning to adopt the child, or any
relative or provider of foster care to become a party to the hearing.
Sec. 10. NRS 432B.585 is hereby amended to read as follows:
432B.585 For the purposes of conducting [the semiannual] a review
required by NRS 432B.580, the judge or judges of the court may by
mutual consent appoint a panel of three or more persons. The persons so
appointed shall serve without compensation and at the pleasure of the
court.
Sec. 11. NRS 432B.590 is hereby amended to read as follows:
432B.590 1. Except as otherwise provided in NRS 432B.600[,] and
section 2 of this act, the court shall hold a hearing concerning the
permanent placement of a child:
(a) Not later than 12 months after the initial removal of the child from
his home and annually thereafter.
(b) Within 30 days after making any of the findings set forth in
subsection 3 of NRS 432B.393.
Notice of this hearing must be given by registered or certified mail to all
[of] the persons to whom notice must be given pursuant to subsection 4 of
NRS 432B.580.
2. The court may require the presence of the child at the hearing and
shall provide to each person to whom notice was given pursuant to
subsection 1 an opportunity to be heard at the hearing.
3. At the hearing, the court shall establish a plan for the permanent
placement of the child and determine whether:
(a) The child should be returned to his parents or other relatives;
(b) The child’s placement in the foster home or other similar institution
should be continued; or
(c) It is in the best interests of the child to initiate proceedings to:
(1) Terminate parental rights pursuant to chapter 128 of NRS so that
the child can be placed for adoption; or
(2) Establish a guardianship pursuant to chapter 159 of
NRS.
If the court determines that it is in the best interests of the child to
terminate parental rights, the court shall use its best efforts to ensure that
the procedures required by chapter 128 of NRS are completed within 6
months after the date the court makes that determination, including,
without limitation, appointing a private attorney to expedite the
completion of the procedures.
4. If a child has been placed outside of his home and has resided
outside of his home pursuant to that placement for 14 months of any 20
consecutive months, the best interests of the child must be presumed to be
served by the termination of parental rights.
5. This hearing may take the place of the hearing for review required
by NRS 432B.580.
6. The provision of notice and an opportunity to be heard pursuant to
this section does not cause any person planning to adopt the child, or any
relative or provider of foster care to become a party to the hearing.
Sec. 12. NRS 3.370 is hereby amended to read as follows:
3.370 1. Except as otherwise provided in subsection 3, for his
services the official reporter or reporter pro tempore is entitled to the
following fees:
(a) For being available to report civil and criminal testimony and
proceedings when the court is sitting during traditional business hours on
any day except Sunday, $150 per day, to be paid by the county as provided
in subsection 4.
(b) For being available to report civil and criminal testimony and
proceedings when the court is sitting beyond traditional business hours or
on Sunday:
(1) If the reporter has been available to report for at least 4 hours, $35
per hour for each hour of availability; or
(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),
to be paid by the county as provided in subsection 4.
(c) For transcription:
(1) Except as otherwise provided in subparagraph (2), for the original
draft and any copy to be delivered:
(I) Within 24 hours after it is requested, $7.10 per page for the
original draft and one copy, and $1.10 per page for each additional copy;
(II) Within 48 hours after it is requested, $5.32 per page for the
original draft and one copy, and 83 cents per page for each additional
copy;
(III) Within 4 days after it is requested, $4.43 per page for the
original draft and one copy, and 69 cents per page for each additional
copy; or
(IV) More than 4 days after it is requested, $3.55 per page for the
original draft and one copy, and 55 cents per page for each additional
copy.
(2) For civil litigants who are ordering the original draft and are
represented by a nonprofit legal corporation or a program for pro bono
legal assistance, for the original draft and any copy to be delivered:
(I) Within 24 hours after it is requested, $5.50 per page and $1.10
per page for each additional copy;
(II) Within 48 hours after it is requested, $4.13 per page and 83
cents per page for each additional copy;
(III) Within 4 days after it is requested, $3.44 per page and 69
cents per page for each additional copy; or
(IV) More than 4 days after it is requested, $2.75 per page and 55
cents per page for each additional copy.
(3) For any party other than the party ordering the original draft, for
the copy of the draft to be delivered:
(I) Within 24 hours after it is requested, $1.10 per page;
(II) Within 48 hours after it is requested, 83 cents per page;
(III) Within 4 days after it is requested, 69 cents per page; or
(IV) More than 4 days after it is requested, 55 cents per page.
(d) For reporting all civil matters, in addition to the fees provided in
paragraphs (a) and (b), $20 for each hour or fraction thereof actually spent,
to be taxed as costs pursuant to subsection 5.
(e) For providing an instantaneous translation of testimony into English
which appears on a computer that is located at a table in the courtroom
where the attorney who requested the translation is seated:
(1) Except as otherwise provided in this subparagraph, in all criminal
matters in which a party requests such a translation, in addition to the fees
provided pursuant to paragraphs (a) and (b), $140 for the first day and $90
per day for each subsequent day from the party who makes the request.
This additional fee must be paid by the county as provided pursuant to
subsection 4 only if the court issues an order granting the translation
service to the prosecuting attorney or to an indigent defendant who is
represented by a county or state public defender.
(2) In all civil matters in which a party requests such a translation, in
addition to the fees provided pursuant to paragraphs (a), (b) and (d), $140
for the first day and $90 per day for each subsequent day, to be paid by the
party who requests the translation.
(f) For providing a diskette containing testimony prepared from a
translation provided pursuant to paragraph (e):
(1) Except as otherwise provided in this subparagraph, in all criminal
matters in which a party requests the diskette and the reporter agrees to
provide the diskette, in addition to the fees provided pursuant to
paragraphs (a), (b) and (e), $1.50 per page of the translation contained on
the diskette from the party who makes the request. This additional fee
must be paid by the county as provided pursuant to subsection 4 only if the
court issues an order granting the diskette to the prosecuting attorney or to
an indigent defendant who is represented by a county or state public
defender.
(2) In all civil matters in which a party requests the diskette and the
reporter agrees to provide the diskette, in addition to the fees provided
pursuant to paragraphs (a), (b), (d) and (e), $1.50 per page of the
translation contained on the diskette, to be paid by the party who requests
the diskette.
2. For the purposes of subsection 1, a page is a sheet of paper 8 1/2 by
11 inches. The left margin must not be more than 1 1/2 inches from the
left edge of the paper. The right margin must not be more than three
-fourths of an inch from the right edge of the paper. Each sheet must be
numbered on the left margin and must contain at least 24 lines of type. The
first line of each question and of each answer may be indented not more
than five spaces from the left margin. The first line of any paragraph or
other material may be indented not more than 10 spaces from the left
margin. There must not be more than one space between words or more
than two spaces between sentences. The type size must not be larger than
10 characters per inch. The lines of type may be double spaced or one and
one-half spaced.
3. If the services of more than one reporter are required by the court in
a criminal proceeding, each reporter is entitled to receive:
(a) The fees set forth in paragraphs (a) and (b) of subsection 1 and
subparagraph (1) of paragraph (e) of subsection 1, as appropriate; and
(b) A fee of $5.33 per page for the original draft and one copy, and 83
cents per page for each additional copy for transcribing a proceeding of
which the transcripts are ordered by the court to be delivered on or before
the start of the next day the court is scheduled to conduct business.
4. The fees specified in paragraphs (a) and (b) of subsection 1, the fees
for transcripts in criminal cases ordered by the court to be made, the fees
for transcripts in civil cases ordered by the court pursuant to NRS
12.015, the fees for transcripts for parents or guardians or attorneys of
parents or guardians who receive transcripts pursuant to section 3 of
this act, the fees in criminal cases that are ordered by the court pursuant to
subparagraph (1) of paragraph (e) and subparagraph (1) of paragraph (f) of
subsection 1 and the fees specified in subsection 3 must be paid out of the
county treasury upon the order of the court. When there is no official
reporter in attendance and a reporter pro tempore is appointed, his
reasonable expenses for traveling and detention must be fixed and allowed
by the court and paid in the same manner. The respective district judges
may, with the approval of the respective board or boards of county
commissioners within the judicial district, fix a monthly salary to be paid
to the official reporter in lieu of per diem. The salary, and also actual
traveling expenses in cases where the reporter acts in more than one
county, must be prorated by the judge on the basis of time consumed by
work in the respective counties and must be paid out of the respective
county treasuries upon the order of the court.
5. [In] Except as otherwise provided in subsection 4, in civil cases ,
the fees prescribed in paragraph (d) of subsection 1 and for transcripts
ordered by the court to be made must be paid by the parties in equal
proportions, and either party may, at his option, pay the whole fee. In
either case, all amounts so paid by the party to whom costs are awarded
must be taxed as costs in the case. The fees for transcripts and copies
ordered by the parties must be paid by the party ordering them. No
reporter may be required to perform any service in a civil case until his
fees have been paid to him or deposited with the clerk of the court.
6. Where a transcript is ordered by the court or by any party, the fees
for it must be paid to the clerk of the court and by him paid to the reporter
upon the furnishing of the transcript.
7. The testimony and proceedings in an uncontested divorce action
need not be transcribed unless requested by a party or ordered by the
court.
Sec. 13. NRS 128.100 is hereby amended to read as follows:
128.100 1. In any proceeding for terminating parental rights, or any
rehearing or appeal thereon, the court may appoint an attorney to represent
the child as his counsel and, if the child does not have a guardian ad litem
appointed pursuant to NRS 432B.500, as his guardian ad litem. The child
may be represented by an attorney at all stages of any proceedings for
terminating parental rights. If the child is represented by an attorney,
the attorney has the same authority and rights as an attorney
representing a party to the proceedings.
2. If the parent or parents of the child desire to be represented by
counsel, but are indigent, the court may appoint an attorney for them.
3. Each attorney appointed under the provisions of this section is
entitled to the same compensation and expenses from the county as
provided in NRS 7.125 and 7.135 for attorneys appointed to represent
persons charged with crimes.
Sec. 14. Chapter 159 of NRS is hereby amended by adding thereto a
new section to read as follows:
A minor ward or proposed minor ward who is the subject of
proceedings held pursuant to this chapter may be represented by an
attorney at all stages of the proceedings. If the minor ward or proposed
minor ward is represented by an attorney, the attorney has the same
authority and rights as an attorney representing a party to the
proceedings.
Sec. 15. This act becomes effective on July 1, 2001.
20~~~~~01