(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTA.B. 429
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, termination of parental rights and guardianships of minors. (BDR 38‑294)
FISCAL NOTE: Effect on Local Government: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
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, 3 and 4 of this act.
1-3 Sec. 2. 1. A child who is the subject of a proceeding held pursuant
1-4 to this chapter has standing to appear before the court, master or special
1-5 master with jurisdiction over the proceeding and to speak concerning a
1-6 determination or decision which is involved in the proceeding and which
1-7 may affect the child.
1-8 2. If a child who is the subject of a proceeding held pursuant to this
1-9 chapter is represented by an attorney, the attorney is a party to any
1-10 proceeding held pursuant to this chapter that may affect the child.
1-11 Sec. 3. 1. A person who submits a report or information to the
1-12 court for consideration in a proceeding held pursuant to NRS 432B.410
1-13 to 432B.465, inclusive, and 432B.500 to 432B.590, inclusive, shall
1-14 provide a copy of the report or information, to the extent that the data or
2-1 information in the report or information is available pursuant to NRS
2-2 432B.290, to each parent or guardian of the child who is the subject of
2-3 the proceeding or to the attorney of each parent or guardian not later
2-4 than 72 hours before the proceeding.
2-5 2. If a person does not provide a copy of a report or information to a
2-6 parent or guardian of a child or an attorney of the parent or guardian
2-7 before a proceeding as required by subsection 1, the court or master:
2-8 (a) Shall provide the parent or guardian and his attorney an
2-9 opportunity to review the report or information; and
2-10 (b) May grant a continuance of the proceeding until a later date that
2-11 is agreed upon by all the parties to the proceeding if the parent or
2-12 guardian or his attorney requests that the court grant the continuance so
2-13 that the parent or guardian and his attorney may properly respond to the
2-14 report or information.
2-15 3. As used in this section, “person” includes, without limitation, a
2-16 government, governmental agency or political subdivision of a
2-17 government.
2-18 Sec. 4. 1. If a proceeding held pursuant to NRS 432B.410 to
2-19 432B.590, inclusive, is recorded using sound recording equipment or is
2-20 transcribed, the clerk of the court shall, upon request, provide to a parent
2-21 or guardian of the child who is the subject of the proceeding or the
2-22 attorney of the parent or guardian a copy of the sound recording or
2-23 transcript of the proceeding if:
2-24 (a) Such a copy is available or could be made available; and
2-25 (b) The parent or guardian or the county in which the proceeding is
2-26 held, as appropriate, pays the fee for the copy in accordance with
2-27 subsection 2.
2-28 2. Each board of county commissioners shall adopt a sliding scale
2-29 for determining the amount to be paid for a copy of a sound recording or
2-30 transcript of a proceeding pursuant to subsection 1 for a proceeding that
2-31 was held in a court in its county. The sliding scale must be based on the
2-32 ability of the parent or guardian to pay. The court shall review each case
2-33 and make a finding as to the reasonableness of the charge in relation to
2-34 the ability of the parent or guardian to pay. To the extent that the court
2-35 determines that a parent or guardian is unable to pay for a copy of the
2-36 recording or transcript pursuant to subsection 1, the cost of providing the
2-37 copy of the sound recording or transcript is a charge against the county
2-38 in which the proceeding was held.
2-39 Sec. 5. NRS 432B.190 is hereby amended to read as follows:
2-40 432B.190 The division of child and family services shall adopt
2-41 regulations establishing reasonable and uniform standards for:
2-42 1. Protective services provided in this state;
2-43 2. Programs for the prevention of abuse or neglect of a child;
2-44 3. The development of local councils involving public and private
2-45 organizations;
2-46 4. Reports of abuse or neglect, records of these reports and the
2-47 response to these reports;
2-48 5. The management and assessment of reported cases of abuse or
2-49 neglect;
3-1 6. The protection of the legal rights of parents and children;
3-2 7. Emergency shelter for a child;
3-3 8. The prevention, identification and correction of abuse or neglect of
3-4 a child in residential institutions;
3-5 9. Evaluating the development and contents of a plan submitted for
3-6 approval pursuant to NRS 432B.395;
3-7 10. Developing and distributing to persons who are responsible for a
3-8 child’s welfare a pamphlet that sets forth the procedures for taking a child
3-9 for placement in protective custody and the legal rights of persons who are
3-10 parties to a proceeding held pursuant to NRS 432B.410 to 432B.590,
3-11 inclusive, and sections 3 and 4 of this act, during all stages of the
3-12 proceeding; and
3-13 11. Making the necessary inquiries required pursuant to NRS
3-14 432B.397 to determine whether a child is an Indian child.
3-15 Sec. 6. NRS 432B.280 is hereby amended to read as follows:
3-16 432B.280 1. Reports made pursuant to this chapter, as well as all
3-17 records concerning these reports and investigations thereof, are
3-18 confidential.
3-19 2. Any person, law enforcement agency or public agency, institution or
3-20 facility who willfully releases data or information concerning such reports
3-21 and investigations, except:
3-22 (a) Pursuant to a criminal prosecution relating to the abuse or neglect of
3-23 a child; [or]
3-24 (b) As otherwise authorized or required pursuant to NRS 432B.290[,] ;
3-25 or
3-26 (c) As otherwise required pursuant to section 3 of this act,
3-27 is guilty of a misdemeanor.
3-28 Sec. 7. NRS 432B.290 is hereby amended to read as follows:
3-29 432B.290 1. Except as otherwise provided in subsections 2 and 3[,]
3-30 and section 3 of this act, data or information concerning reports and
3-31 investigations thereof made pursuant to this chapter may be made available
3-32 only to:
3-33 (a) A physician, if the physician has before him a child who he has
3-34 reasonable cause to believe has been abused or neglected;
3-35 (b) A person authorized to place a child in protective custody, if the
3-36 person has before him a child who he has reasonable cause to believe has
3-37 been abused or neglected and the person requires the information to
3-38 determine whether to place the child in protective custody;
3-39 (c) An agency, including, without limitation, an agency in another
3-40 jurisdiction, responsible for or authorized to undertake the care, treatment
3-41 or supervision of:
3-42 (1) The child; or
3-43 (2) The person responsible for the welfare of the child;
3-44 (d) A district attorney or other law enforcement officer who requires the
3-45 information in connection with an investigation or prosecution of the abuse
3-46 or neglect of a child;
3-47 (e) A court, for in camera inspection only, unless the court determines
3-48 that public disclosure of the information is necessary for the determination
3-49 of an issue before it;
4-1 (f) A person engaged in bona fide research or an audit, but information
4-2 identifying the subjects of a report must not be made available to him;
4-3 (g) The attorney and the guardian ad litem of the child;
4-4 (h) A grand jury upon its determination that access to these records is
4-5 necessary in the conduct of its official business;
4-6 (i) A federal, state or local governmental entity, or an agency of such an
4-7 entity, that needs access to the information to carry out its legal
4-8 responsibilities to protect children from abuse and neglect;
4-9 (j) A team organized pursuant to NRS 432B.350 for the protection of a
4-10 child;
4-11 (k) A team organized pursuant to NRS 432B.405 to review the death of
4-12 a child;
4-13 (l) A parent or legal guardian of the child or an attorney of a parent or
4-14 guardian of the child, if the identity of the person responsible for reporting
4-15 the alleged abuse or neglect of the child to a public agency is kept
4-16 confidential;
4-17 (m) The persons who are the subject of a report;
4-18 (n) An agency that is authorized by law to license foster homes or
4-19 facilities for children or to investigate persons applying for approval to
4-20 adopt a child, if the agency has before it an application for that license or is
4-21 investigating an applicant to adopt a child;
4-22 (o) Upon written consent of the parent, any officer of this state or a city
4-23 or county thereof or legislator authorized, by the agency or department
4-24 having jurisdiction or by the legislature, acting within its jurisdiction, to
4-25 investigate the activities or programs of an agency that provides protective
4-26 services if:
4-27 (1) The identity of the person making the report is kept confidential;
4-28 and
4-29 (2) The officer, legislator or a member of his family is not the person
4-30 alleged to have committed the abuse or neglect;
4-31 (p) The division of parole and probation of the department of motor
4-32 vehicles and public safety for use pursuant to NRS 176.135 in making a
4-33 presentence investigation and report to the district court or pursuant to
4-34 NRS 176.151 in making a general investigation and report;
4-35 (q) The rural advisory board to expedite proceedings for the placement
4-36 of children created pursuant to NRS 432B.602 or a local advisory board to
4-37 expedite proceedings for the placement of children created pursuant to
4-38 NRS 432B.604; or
4-39 (r) The panel established pursuant to NRS 432B.396 to evaluate
4-40 agencies which provide protective services.
4-41 2. An agency investigating a report of the abuse or neglect of a child
4-42 shall, upon request, provide to a person named in the report as allegedly
4-43 causing the abuse or neglect of the child:
4-44 (a) A copy of:
4-45 (1) Any statement made in writing to an investigator for the agency
4-46 by the person named in the report as allegedly causing the abuse or neglect
4-47 of the child; or
5-1 (2) Any recording made by the agency of any statement made orally
5-2 to an investigator for the agency by the person named in the report as
5-3 allegedly causing the abuse or neglect of the child; or
5-4 (b) A written summary of the allegations made against the person who
5-5 is named in the report as allegedly causing the abuse or neglect of the
5-6 child. The summary must not identify the person responsible for reporting
5-7 the alleged abuse or neglect.
5-8 3. An agency which provides protective services shall disclose the
5-9 identity of a person who makes a report or otherwise initiates an
5-10 investigation pursuant to this chapter if a court, after reviewing the record
5-11 in camera and determining that there is reason to believe that the person
5-12 knowingly made a false report, orders the disclosure.
5-13 4. Any person, except for:
5-14 (a) The subject of a report;
5-15 (b) A district attorney or other law enforcement officer initiating legal
5-16 proceedings; or
5-17 (c) An employee of the division of parole and probation of the
5-18 department of motor vehicles and public safety making a presentence
5-19 investigation and report to the district court pursuant to NRS 176.135 or
5-20 making a general investigation and report pursuant to
5-21 NRS 176.151,
5-22 who is given access, pursuant to subsection 1, to information identifying
5-23 the subjects of a report and who makes this information public is guilty of a
5-24 misdemeanor.
5-25 5. The division of child and family services shall adopt regulations to
5-26 carry out the provisions of this section.
5-27 Sec. 8. NRS 432B.530 is hereby amended to read as follows:
5-28 432B.530 1. An adjudicatory hearing must be held within 30 days
5-29 after the filing of the petition, unless good cause is shown[.] or the
5-30 hearing has been continued until a later date pursuant to section 3 of this
5-31 act.
5-32 2. At the hearing, the court shall inform the parties of the specific
5-33 allegations in the petition and give them an opportunity to admit or deny
5-34 them. If the allegations are denied, the court shall hear evidence on the
5-35 petition.
5-36 3. In adjudicatory hearings all relevant and material evidence helpful
5-37 in determining the questions presented, including oral and written reports,
5-38 may be received by the court and may be relied upon to the extent of its
5-39 probative value. The parties or their attorney must be afforded an
5-40 opportunity to examine and controvert written reports so received and to
5-41 cross-examine individuals making reports when reasonably available.
5-42 4. The court may require the child to be present in court at the hearing.
5-43 5. If the court finds by a preponderance of the evidence that the child
5-44 is in need of protection, it shall record its findings of fact and may proceed
5-45 immediately or at another hearing held within 15 working days, to make a
5-46 proper disposition of the case. If the court finds that the allegations in the
5-47 petition have not been established, it shall dismiss the petition and, if the
5-48 child is in protective custody, order the immediate release of the child.
6-1 Sec. 9. NRS 432B.580 is hereby amended to read as follows:
6-2 432B.580 1. Except as otherwise provided in this section[,] and
6-3 section 3 of this act, if a child is placed pursuant to NRS 432B.550 other
6-4 than with a parent, the placement must be reviewed by the court at least
6-5 semiannually [.] , and within 90 days after a request by a party to any of
6-6 the prior proceedings. Unless the parent, guardian or the custodian objects
6-7 to the referral, the court may enter an order directing that the placement be
6-8 reviewed by a panel appointed pursuant to NRS 432B.585.
6-9 2. An agency acting as the custodian of the child shall, before any
6-10 hearing for review of the placement of a child, submit a report to the court,
6-11 or to the panel if it has been designated to review the matter, which
6-12 includes an evaluation of the progress of the child and his family and any
6-13 recommendations for further supervision, treatment or rehabilitation. A
6-14 copy of the report must be given to the parents, the guardian ad litem and
6-15 the attorney, if any, representing the parent or the child.
6-16 3. The court or the panel shall hold a hearing to review the placement,
6-17 unless the parent, guardian or custodian files a motion with the court to
6-18 dispense with the hearing. If the motion is granted, the court or panel may
6-19 make its determination from any report, statement or other information
6-20 submitted to it.
6-21 4. Notice of the hearing must be given by registered or certified mail
6-22 to:
6-23 (a) All the parties to any of the prior proceedings; and
6-24 (b) Any persons planning to adopt the child, relatives of the child or
6-25 providers of foster care who are currently providing care to the
6-26 child,
6-27 except a parent whose rights have been terminated pursuant to chapter 128
6-28 of NRS or who has voluntarily relinquished the child for adoption pursuant
6-29 to NRS 127.040.
6-30 5. The court or panel may require the presence of the child at the
6-31 hearing and shall provide to each person to whom notice was given
6-32 pursuant to subsection 4 an opportunity to be heard at the hearing.
6-33 6. The court or panel shall review:
6-34 (a) The continuing necessity for and appropriateness of the placement;
6-35 (b) The extent of compliance with the plan submitted pursuant to
6-36 subsection 2 of NRS 432B.540;
6-37 (c) Any progress which has been made in alleviating the problem which
6-38 resulted in the placement of the child; and
6-39 (d) The date the child may be returned to, and safely maintained in, his
6-40 home or placed for adoption or under a legal guardianship.
6-41 7. The provision of notice and an opportunity to be heard pursuant to
6-42 this section does not cause any person planning to adopt the child, or any
6-43 relative or provider of foster care to become a party to the hearing.
6-44 Sec. 10. NRS 432B.585 is hereby amended to read as follows:
6-45 432B.585 For the purposes of conducting [the semiannual] a review
6-46 required by NRS 432B.580, the judge or judges of the court may by mutual
6-47 consent appoint a panel of three or more persons. The persons so appointed
6-48 shall serve without compensation and at the pleasure of the court.
7-1 Sec. 11. NRS 432B.590 is hereby amended to read as follows:
7-2 432B.590 1. Except as otherwise provided in NRS 432B.600[,] and
7-3 section 3 of this act, the court shall hold a hearing concerning the
7-4 permanent placement of a child:
7-5 (a) Not later than 12 months after the initial removal of the child from
7-6 his home and annually thereafter.
7-7 (b) Within 30 days after making any of the findings set forth in
7-8 subsection 3 of NRS 432B.393.
7-9 Notice of this hearing must be given by registered or certified mail to all
7-10 [of] the persons to whom notice must be given pursuant to subsection 4 of
7-11 NRS 432B.580.
7-12 2. The court may require the presence of the child at the hearing and
7-13 shall provide to each person to whom notice was given pursuant to
7-14 subsection 1 an opportunity to be heard at the hearing.
7-15 3. At the hearing, the court shall establish a plan for the permanent
7-16 placement of the child and determine whether:
7-17 (a) The child should be returned to his parents or other relatives;
7-18 (b) The child’s placement in the foster home or other similar institution
7-19 should be continued; or
7-20 (c) It is in the best interests of the child to initiate proceedings to:
7-21 (1) Terminate parental rights pursuant to chapter 128 of NRS so that
7-22 the child can be placed for adoption; or
7-23 (2) Establish a guardianship pursuant to chapter 159 of
7-24 NRS.
7-25 If the court determines that it is in the best interests of the child to
7-26 terminate parental rights, the court shall use its best efforts to ensure that
7-27 the procedures required by chapter 128 of NRS are completed within 6
7-28 months after the date the court makes that determination, including,
7-29 without limitation, appointing a private attorney to expedite the completion
7-30 of the procedures.
7-31 4. If a child has been placed outside of his home and has resided
7-32 outside of his home pursuant to that placement for 14 months of any 20
7-33 consecutive months, the best interests of the child must be presumed to be
7-34 served by the termination of parental rights.
7-35 5. This hearing may take the place of the hearing for review required
7-36 by NRS 432B.580.
7-37 6. The provision of notice and an opportunity to be heard pursuant to
7-38 this section does not cause any person planning to adopt the child, or any
7-39 relative or provider of foster care to become a party to the hearing.
7-40 Sec. 12. NRS 3.370 is hereby amended to read as follows:
7-41 3.370 1. Except as otherwise provided in subsection 3, for his
7-42 services the official reporter or reporter pro tempore is entitled to the
7-43 following fees:
7-44 (a) For being available to report civil and criminal testimony and
7-45 proceedings when the court is sitting during traditional business hours on
7-46 any day except Sunday, $150 per day, to be paid by the county as provided
7-47 in subsection 4.
8-1 (b) For being available to report civil and criminal testimony and
8-2 proceedings when the court is sitting beyond traditional business hours or
8-3 on Sunday:
8-4 (1) If the reporter has been available to report for at least 4 hours, $35
8-5 per hour for each hour of availability; or
8-6 (2) If the reporter has been available to report for fewer than
8-7 4 hours, a pro rata amount based on the daily rate set forth in
8-8 paragraph (a),
8-9 to be paid by the county as provided in subsection 4.
8-10 (c) For transcription:
8-11 (1) Except as otherwise provided in subparagraph (2), for the original
8-12 draft and any copy to be delivered:
8-13 (I) Within 24 hours after it is requested, $7.10 per page for the
8-14 original draft and one copy, and $1.10 per page for each additional copy;
8-15 (II) Within 48 hours after it is requested, $5.32 per page for the
8-16 original draft and one copy, and 83 cents per page for each additional copy;
8-17 (III) Within 4 days after it is requested, $4.43 per page for the
8-18 original draft and one copy, and 69 cents per page for each additional copy;
8-19 or
8-20 (IV) More than 4 days after it is requested, $3.55 per page for the
8-21 original draft and one copy, and 55 cents per page for each additional copy.
8-22 (2) For civil litigants who are ordering the original draft and are
8-23 represented by a nonprofit legal corporation or a program for pro bono
8-24 legal assistance, for the original draft and any copy to be delivered:
8-25 (I) Within 24 hours after it is requested, $5.50 per page and $1.10
8-26 per page for each additional copy;
8-27 (II) Within 48 hours after it is requested, $4.13 per page and 83
8-28 cents per page for each additional copy;
8-29 (III) Within 4 days after it is requested, $3.44 per page and 69
8-30 cents per page for each additional copy; or
8-31 (IV) More than 4 days after it is requested, $2.75 per page and 55
8-32 cents per page for each additional copy.
8-33 (3) For any party other than the party ordering the original draft, for
8-34 the copy of the draft to be delivered:
8-35 (I) Within 24 hours after it is requested, $1.10 per page;
8-36 (II) Within 48 hours after it is requested, 83 cents per page;
8-37 (III) Within 4 days after it is requested, 69 cents per page; or
8-38 (IV) More than 4 days after it is requested, 55 cents per page.
8-39 (d) For reporting all civil matters, in addition to the fees provided in
8-40 paragraphs (a) and (b), $20 for each hour or fraction thereof actually spent,
8-41 to be taxed as costs pursuant to subsection 5.
8-42 (e) For providing an instantaneous translation of testimony into English
8-43 which appears on a computer that is located at a table in the courtroom
8-44 where the attorney who requested the translation is seated:
8-45 (1) Except as otherwise provided in this subparagraph, in all criminal
8-46 matters in which a party requests such a translation, in addition to the fees
8-47 provided pursuant to paragraphs (a) and (b), $140 for the first day and $90
8-48 per day for each subsequent day from the party who makes the request.
8-49 This additional fee must be paid by the county as provided pursuant to
9-1 subsection 4 only if the court issues an order granting the translation
9-2 service to the prosecuting attorney or to an indigent defendant who is
9-3 represented by a county or state public defender.
9-4 (2) In all civil matters in which a party requests such a translation, in
9-5 addition to the fees provided pursuant to paragraphs (a), (b) and (d), $140
9-6 for the first day and $90 per day for each subsequent day, to be paid by the
9-7 party who requests the translation.
9-8 (f) For providing a diskette containing testimony prepared from a
9-9 translation provided pursuant to paragraph (e):
9-10 (1) Except as otherwise provided in this subparagraph, in all criminal
9-11 matters in which a party requests the diskette and the reporter agrees to
9-12 provide the diskette, in addition to the fees provided pursuant to paragraphs
9-13 (a), (b) and (e), $1.50 per page of the translation contained on the diskette
9-14 from the party who makes the request. This additional fee must be paid by
9-15 the county as provided pursuant to subsection 4 only if the court issues an
9-16 order granting the diskette to the prosecuting attorney or to an indigent
9-17 defendant who is represented by a county or state public defender.
9-18 (2) In all civil matters in which a party requests the diskette and the
9-19 reporter agrees to provide the diskette, in addition to the fees provided
9-20 pursuant to paragraphs (a), (b), (d) and (e), $1.50 per page of the
9-21 translation contained on the diskette, to be paid by the party who requests
9-22 the diskette.
9-23 2. For the purposes of subsection 1, a page is a sheet of paper 8 1/2 by
9-24 11 inches. The left margin must not be more than 1 1/2 inches from the left
9-25 edge of the paper. The right margin must not be more than three-fourths of
9-26 an inch from the right edge of the paper. Each sheet must be numbered on
9-27 the left margin and must contain at least 24 lines of type. The first line of
9-28 each question and of each answer may be indented not more than five
9-29 spaces from the left margin. The first line of any paragraph or other
9-30 material may be indented not more than 10 spaces from the left margin.
9-31 There must not be more than one space between words or more than two
9-32 spaces between sentences. The type size must not be larger than 10
9-33 characters per inch. The lines of type may be double spaced or one and
9-34 one-half spaced.
9-35 3. If the services of more than one reporter are required by the court in
9-36 a criminal proceeding, each reporter is entitled to receive:
9-37 (a) The fees set forth in paragraphs (a) and (b) of subsection 1 and
9-38 subparagraph (1) of paragraph (e) of subsection 1, as appropriate; and
9-39 (b) A fee of $5.33 per page for the original draft and one copy, and 83
9-40 cents per page for each additional copy for transcribing a proceeding of
9-41 which the transcripts are ordered by the court to be delivered on or before
9-42 the start of the next day the court is scheduled to conduct business.
9-43 4. The fees specified in paragraphs (a) and (b) of subsection 1, the fees
9-44 for transcripts in criminal cases ordered by the court to be made, the fees
9-45 for transcripts in civil cases ordered by the court pursuant to NRS
9-46 12.015, the fees for transcripts for parents or guardians or attorneys of
9-47 parents or guardians who receive transcripts pursuant to section 4 of this
9-48 act, the fees in criminal cases that are ordered by the court pursuant to
9-49 subparagraph (1) of paragraph (e) and subparagraph (1) of paragraph (f) of
10-1 subsection 1 and the fees specified in subsection 3 must be paid out of the
10-2 county treasury upon the order of the court. When there is no official
10-3 reporter in attendance and a reporter pro tempore is appointed, his
10-4 reasonable expenses for traveling and detention must be fixed and allowed
10-5 by the court and paid in the same manner. The respective district judges
10-6 may, with the approval of the respective board or boards of county
10-7 commissioners within the judicial district, fix a monthly salary to be paid
10-8 to the official reporter in lieu of per diem. The salary, and also actual
10-9 traveling expenses in cases where the reporter acts in more than one
10-10 county, must be prorated by the judge on the basis of time consumed by
10-11 work in the respective counties and must be paid out of the respective
10-12 county treasuries upon the order of the court.
10-13 5. [In] Except as otherwise provided in subsection 4, in civil cases ,
10-14 the fees prescribed in paragraph (d) of subsection 1 and for transcripts
10-15 ordered by the court to be made must be paid by the parties in equal
10-16 proportions, and either party may, at his option, pay the whole fee. In either
10-17 case, all amounts so paid by the party to whom costs are awarded must be
10-18 taxed as costs in the case. The fees for transcripts and copies ordered by the
10-19 parties must be paid by the party ordering them. No reporter may be
10-20 required to perform any service in a civil case until his fees have been paid
10-21 to him or deposited with the clerk of the court.
10-22 6. Where a transcript is ordered by the court or by any party, the fees
10-23 for it must be paid to the clerk of the court and by him paid to the reporter
10-24 upon the furnishing of the transcript.
10-25 7. The testimony and proceedings in an uncontested divorce action
10-26 need not be transcribed unless requested by a party or ordered by the court.
10-27 Sec. 13. Chapter 128 of NRS is hereby amended by adding thereto a
10-28 new section to read as follows:
10-29 1. A child who is the subject of a proceeding for terminating parental
10-30 rights, or any rehearing or appeal thereon, has standing to appear before
10-31 a court with jurisdiction over the proceeding and to speak concerning a
10-32 determination or decision which is involved in the proceeding and which
10-33 may affect the child.
10-34 2. If a child who is the subject of a proceeding for terminating
10-35 parental rights, or any rehearing or appeal thereon, is represented by an
10-36 attorney, the attorney is a party to any proceeding, or any rehearing or
10-37 appeal thereon, that may affect the child.
10-38 Sec. 14. NRS 128.090 is hereby amended to read as follows:
10-39 128.090 1. At the time stated in the notice, or at the earliest time
10-40 thereafter to which the hearing may be postponed, the court shall proceed
10-41 to hear the petition.
10-42 2. The proceedings are civil in nature and , except as otherwise
10-43 provided in section 13 of this act, are governed by the Nevada Rules of
10-44 Civil Procedure. The court shall in all cases require the petitioner to
10-45 establish the facts by clear and convincing evidence and shall give full and
10-46 careful consideration to all of the evidence presented, with regard to the
10-47 rights and claims of the parent of the child and to any and all ties of blood
10-48 or affection, but with a dominant purpose of serving the best interests of
10-49 the child.
11-1 3. Information contained in a report filed pursuant to NRS 432.100 to
11-2 432.130, inclusive, or chapter 432B of NRS may not be excluded from the
11-3 proceeding by the invoking of any privilege.
11-4 4. In the event of postponement, all persons served, who are not
11-5 present or represented in court at the time of the postponement, must be
11-6 notified thereof in the manner provided by the Nevada Rules of Civil
11-7 Procedure.
11-8 5. [Any] Except as otherwise provided in section 13 of this act, any
11-9 hearing held pursuant to this section must be held in closed court without
11-10 admittance of any person other than those necessary to the action or
11-11 proceeding, unless the court determines that holding such a hearing in open
11-12 court will not be detrimental to the child.
11-13 Sec. 15. Chapter 159 of NRS is hereby amended by adding thereto a
11-14 new section to read as follows:
11-15 1. A minor ward or proposed minor ward who is the subject of a
11-16 proceeding held pursuant to this chapter has standing to appear before
11-17 the court or special master with jurisdiction over the proceeding and to
11-18 speak concerning a determination or decision which is involved in the
11-19 proceeding and which may affect the minor.
11-20 2. If a minor ward or proposed minor ward who is the subject of a
11-21 proceeding held pursuant to this chapter is represented by an attorney,
11-22 the attorney is a party to any proceeding held pursuant to this chapter
11-23 that may affect the minor.
11-24 Sec. 16. This act becomes effective on July 1, 2001.
11-25 H