2001 REGULAR SESSION (71st)                                                                            A AB248 346

Amendment No. 346

 

Assembly Amendment to Assembly Bill No. 248                                                                (BDR 38‑356)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:               Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 2, by deleting line 6 and inserting:

“may include the provision of a summary of certain information. If a summary is provided pursuant to this section, the provider of family foster care may also obtain the information set forth in subsections 1 and 2.”.

     Amend sec. 2, page 2, line 13, after “efforts” by inserting:

“pursuant to NRS 432B.393”.

     Amend sec. 2, page 2, by deleting lines 20 and 21 and inserting:

     “(b) The plan for the child requires the agency to make reasonable efforts pursuant to NRS 432B.393 to reunify the family of the child, and the agency has not provided to the family,”.

     Amend sec. 4, page 3, by deleting line 23 and inserting:

     “(c) The child is [dead,] living in a household in which another child has died, or the child is”.

     Amend sec. 6, page 8, between lines 5 and 6, by inserting:

     “4.  Except as otherwise provided in subsection 6, for the purposes of this section, unless the context otherwise requires, “reasonable efforts” have been made if an agency which provides protective services to children with legal custody of a child has exercised diligence and care in arranging appropriate and available services for the child, with the health and safety of the child as its paramount concerns. The exercise of such diligence and care includes, without limitation, obtaining necessary and appropriate information concerning the child for the purposes of NRS 127.152, 127.410 and 424.038.

     5.  In determining whether reasonable efforts have been made pursuant to subsection 4, the court shall:

     (a) Evaluate the evidence and make findings based on whether a reasonable person would conclude that reasonable efforts were made;

     (b) Consider any input from the child;

     (c) Consider only the efforts made and the evidence presented since the previous finding of the court concerning reasonable efforts;

     (d) Consider only the diligence and care that the agency is legally authorized and able to exercise;

     (e) Recognize and take into consideration the legal obligations of the agency to comply with any applicable laws and regulations;

     (f) Base its determination on the circumstances and facts concerning the particular family or plan for the permanent placement of the child at issue; and

     (g) Consider whether the provisions of subsection 6 are applicable.

     6.  An agency which provides protective services may satisfy the requirement of making reasonable efforts pursuant to this section by taking no action concerning a child or making no effort to provide services to a child if it is reasonable, under the circumstances, to do so.”.

     Amend sec. 15, page 13, by deleting line 12 and inserting:

“may include the provision of a summary of certain information. If a summary is provided pursuant to this section, the adopting parents of the child may also obtain the information set forth in subsection 1.”.