2001 REGULAR SESSION (71st) A AB343 R1 1088
Amendment Box: Resolves conflicts with A.B. No. 264, A.B. No. 336, A.B. No. 535, S.B. No. 91, and S.B. No. 191
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 sec. 10, page 6, line 34, by deleting “2,” and inserting “3,”.
Amend sec. 10, page 6, line 40, by deleting “agency; and” and inserting “agency.”.
Amend sec. 10, page 7, by deleting line 3 and inserting:
“(c) Written information regarding any subsidies, assistance and other services that may be available to the child if it is determined pursuant to NRS 127.186 that he has any special needs.
2. The [division] agency which provides child welfare services or child-placing agency shall obtain from the adopting parents written confirmation that the adopting parents have received the report required pursuant to subsection 1.
3. The report required pursuant to subsection 1 must exclude any”.
Amend sec. 12, page 7, by deleting lines 39 through 44 and inserting:
“child-placing agency shall in a timely and diligent manner:
(a) Schedule any evaluations necessary to identify any special needs the child may have.
(b) If it determines that the child has any special needs:
(1) Notify the proposed adoptive parents:
(I) That they may be eligible for a grant of financial assistance pursuant to this section; and
(II) The manner in which to apply for such financial assistance; and
(2) Assist the proposed adoptive parents in applying for and satisfying any other prerequisites necessary to obtain a grant of financial assistance pursuant to this section and any other relevant subsidies and services which may be available.”.
Amend sec. 12, page 7, line 46, by deleting:
“and court costs”.
Amend sec. 12, page 7, line 48, after “parents” by inserting:
“of a child with special needs”.
Amend sec. 12, page 8, by deleting line 2 and inserting:
“writing the grant of financial assistance.”.
Amend sec. 12, page 8, lines 5 and 6, by deleting:
“The agreement does not become effective until” and inserting:
“Such an agreement must not become effective before”.
Amend sec. 12, page 8, between lines 20 and 21, by inserting:
“8. A court shall waive all court costs of the proposed adoptive parents in an adoption proceeding for a child with special needs if the [division] agency which provides child welfare services or child-placing agency consents to the adoption of such a child pursuant to this section.”.
Amend sec. 12, page 8, line 21, by deleting “8.” and inserting “9.”.
Amend sec. 21, page 12, line 42, before “The” by inserting “1.”.
Amend sec. 21, page 12, by deleting lines 43 and 44 and inserting:
“provides child welfare services, shall adopt regulations setting forth the criteria to be used by [the”.
Amend sec. 21, page 12, line 47, by deleting “adoption; and” and inserting “adoption.”.
Amend sec. 21, pages 12 and 13, by deleting lines 48 and 49 on page 12 and lines 1 through 4 on page 13, and inserting:
“2. Upon the completion of an investigation conducted by [the division] an agency which provides child welfare services or a [licensed] child-placing agency pursuant to NRS 127.120 or 127.2805, the [division] agency which provides child welfare services or child-placing agency shall inform the prospective adoptive parent or parents of the results of the investigation. If, pursuant to the investigation, a determination is made that a prospective adoptive home is unsuitable for placement or detrimental to the interest of the child, the [division] agency which provides child welfare services or child-placing agency shall provide the prospective adoptive parent or parents with an opportunity to review and respond to the investigation with the [division] agency which provides child welfare service or child-placing agency before the”.
Amend the bill as a whole by deleting sections 35 through 41 and inserting:
“Secs. 35-41. (Deleted by amendment.)”.
Amend sec. 69, page 31, by deleting lines 13 and 14, and inserting:
“the amount to be paid to each of them,”.
Amend the bill as a whole by deleting sections 81 and 82 and inserting:
“Secs. 81 and 82. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 84 and inserting:
“Sec. 84. (Deleted by amendment.)”.
Amend sec. 90, page 38, line 35, by deleting “Immunity” and inserting:
“Except as otherwise provided in subsection 2, immunity”.
Amend sec. 90, page 38, by deleting lines 47 and 48 and inserting:
“(f) Holds a child pursuant to NRS 432B.400, takes possession of a child pursuant to section 1 of Senate Bill No. 191 of this [act] session or places a child in protective custody pursuant to any provision of this chapter;”.
Amend sec. 90, page 39, line 1, after “(g)” by inserting:
“Performs any act pursuant to subsection 2 of section 1 of Senate Bill No. 191 of this [act;] session;
(h)”.
Amend sec. 90, page 39, line 3, by deleting “(h)” and inserting “(i)”.
Amend sec. 90, page 39, line 5, after “2.” by inserting:
“The provisions of subsection 1 do not confer any immunity from liability for the negligent performance of any act pursuant to paragraph (b) of subsection 2 of section 1 of Senate Bill No. 191 of this [act.] session.
3.”.
Amend sec. 90, page 39, by deleting line 7 and inserting:
“(b) Performing any act set forth in paragraphs (b) to (i), inclusive of”.
Amend sec. 97, page 41, line 29, by deleting “physician’s” and inserting “physician.”.
Amend sec. 97, page 42, line 2, by deleting “and”.
Amend sec. 97, page 42, line 6, by deleting “met.” and inserting:
“met; and
(k) Any person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, “approved youth shelter” has the meaning ascribed to it in section 4 of Assembly Bill No. 264 of this [act.] session.”.
Amend sec. 110, page 48, line 26, by deleting “services” and inserting “services,”.
Amend sec. 110, page 48, line 38, after “2.” by inserting:
“When an agency which provides [protective] child welfare services receives a report pursuant to subsection 2 of section 1 of Senate Bill No. 191 of this [act,] session, a designee of the agency which provides [protective] child welfare services shall immediately place the child in protective custody.
3.”.
Amend sec. 110, page 48, line 39, by deleting “the child” and inserting “a child”.
Amend sec. 110, page 48, lines 44 and 45, by deleting “the child” and inserting “a child”.
Amend sec. 110, page 49, line 1, by deleting “3.” and inserting “4.”.
Amend sec. 110, page 49, lines 2 and 3, by deleting:
“the child if it” and inserting:
“a child if the agency”.
Amend sec. 110, page 49, line 5, by deleting “4.” and inserting “5.”.
Amend sec. 110, page 49, line 12, by deleting “subsection 1” and inserting “this section”.
Amend sec. 110, page 49, line 14, by deleting “5.” and inserting “6.”.
Amend sec. 110, page 49, by deleting line 21 and inserting:
“7. A person placing a child in protective custody pursuant to subsection 1 shall”.
Amend sec. 110, page 49, by deleting line 34 and inserting:
“8. If a child is placed with any person who resides outside of this state,”.
Amend sec. 111, page 50, line 30, by deleting “or”.
Amend sec. 111, page 50, line 37, by deleting “care.” and inserting:
“care; or
(f) The child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this [act.] session.”.
Amend sec. 121, page 54, by deleting lines 8 through 11 and inserting:
“4. If the:
(a) Person summoned resides in this state, the summons must be served personally;
(b) Person summoned cannot be found within this state or does not reside in this state, the summons must be mailed by registered or certified mail to his last known address; or
(c) Child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this [act] session and the location of the parent is unknown, the summons must be served on the parent by publication at least once a week for 3 consecutive weeks in a newspaper published in the county and if no such newspaper is published, then a newspaper published in this state that has a general circulation in the county. The failure of the parent to appear in the action after the service of summons on the parent pursuant to this paragraph shall be deemed to constitute a waiver by the parent of any further notice of the proceedings that would otherwise be required pursuant to this chapter.”.
Amend sec. 122, page 54, line 33, by deleting “concerning” and inserting:
“concerning:
(a) Except as otherwise provided in paragraph (b),”.
Amend sec. 122, page 54, line 36, by deleting “case.” and inserting:
“case; or
(b) If the child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this [act,] session, any matters relevant to the case.”.
Amend sec. 123, page 56, line 1, by deleting “A” and inserting:
“Except as otherwise provided in this subsection, a”.
Amend sec. 123, page 56, line 3, after “guardian.” by inserting:
“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 location of the parent is unknown, the report need not be sent to that parent.”.
Amend sec. 126, page 57, line 12, by deleting “must” and inserting “should”.
Amend sec. 126, page 57, line 20, by deleting “must” and inserting “should”.
Amend sec. 126, page 57, line 32, by deleting “must” and inserting “should”.
Amend sec. 126, page 58, by deleting lines 12 through 16.
Amend the bill as a whole by deleting sec. 131 and inserting:
“Sec. 131. (Deleted by amendment.)”.
Amend sec. 131.5, page 61, by deleting lines 1 and 2 and inserting:
“Sec. 131.5. Sections 2 and 3 of chapter 508, Statutes of Nevada 1999, at page 2612, are hereby amended to read as follows:
Sec. 2. On or before November 30, [2000,] 2002, the division of child and family services of the department of human resources shall submit a report to the director of the legislative counsel bureau for transmittal to the appropriate legislative committee. The report must include the following information for each agreement entered into pursuant to section 1 of this act:
1. The number of children involved in the pilot project established pursuant to the agreement;
2. A description of the services provided to those children that includes:
(a) The name of the agency that provided the services; and
(b) The costs incurred by the agency that provided the services;
3. If available, the disposition of the cases of those children; and
4. An analysis of the benefits, if any, to the children involved in the pilot project and to the families of those children.”.
Amend the bill as a whole by adding a new section designated sec. 131.7, following sec. 131.5, to read as follows:
“Sec. 131.7. Section 1 of Senate Bill No. 191 of this session is hereby amended to read as follows:
Section 1. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A provider of emergency services shall take immediate possession of a child who is or appears to be not more than 30 days old if:
(a) The child is voluntarily delivered to the provider by a parent of the child; and
(b) The parent does not express an intent to return for the child.
2. A provider of emergency services who takes possession of a child pursuant to subsection 1 shall:
(a) Perform any act necessary to maintain and protect the physical health and safety of the child.
(b) As soon as reasonably practicable but not later than 24 hours after the provider takes possession of the child, report that possession to an agency which provides [protective] child welfare services.
3. A person who delivers a child to a provider of emergency services pursuant to subsection 1:
(a) Is presumed to have intended to consent to the termination of his parental rights to the child.
(b) Shall be deemed to have given his consent to the performance of all necessary emergency services and care for the child.
(c) Must not be required to provide any background or medical information regarding the child, but may voluntarily do so.
(d) Unless there is reasonable cause to believe that the child has been abused or neglected, excluding the mere fact that the person has delivered the child to the provider pursuant to subsection 1:
(1) Must not be required to disclose any identifying information, but may voluntarily do so;
(2) Must be allowed to leave at any time; and
(3) Must not be pursued or followed.
4. As used in this section, “provider of emergency services” means:
(a) A hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS;
(b) A public fire-fighting agency; or
(c) A law enforcement agency.”.
Amend sec. 133, page 61, by deleting lines 6 through 12 and inserting:
“Sec. 133. 1. There is hereby created a legislative oversight committee on the integration of state and local child welfare systems consisting of:
(a) Three members appointed by the majority leader of the senate, two of whom must be members of the interim finance committee; and
(b) Three members appointed by the speaker of the assembly, two of whom must be members of the interim finance committee.
2. The committee shall:
(a) Review progress reports from the division of child and family services of the department of human resources regarding the integration of the state and local child welfare systems;
(b) Make recommendations to the interim finance committee regarding requests for allocations of money to carry out the integration;
(c) Make recommendations to the interim finance committee regarding any proposed legislation necessary to carry out the integration; and
(d) Perform any other tasks assigned to it by the interim finance committee.
3. The committee shall report periodically to the interim finance committee regarding its activities.”.
Amend the bill as a whole by adding new sections designated sec. 133.3 and 133.7, following section 133, to read as follows:
“Sec. 133.3. 1. The division of child and family services of the department of human resources, in consultation with each agency which provides child welfare services in a county whose population is 100,000 or more, shall develop a plan for funding the provision of child welfare services in this state. The plan must address the fiscal responsibility of the state and each such county for any increases in the costs of providing those services. The division of child and family services shall submit the plan to the legislative oversight committee created pursuant to section 133 of this act on or before September 15, 2002, for its review.
2. The legislative oversight committee may revise the plan submitted by the division of child and family services pursuant to subsection 1 as it deems necessary and shall submit the plan, including any necessary revisions, to the governor and the interim finance committee on or before November 15, 2002.
Sec. 133.7. 1. Each mental health consortium established pursuant to section 125 of this act shall submit the recommended plan for the provision of mental health services to emotionally disturbed children in its jurisdiction that it prepared pursuant to section 126 of this act to the legislative oversight committee created pursuant to section 133 of this act on or before January 15 of each year and shall submit progress reports to that committee regarding its activities at the end of each calendar quarter.
2. If, pursuant to subsection 4 of section 126 of this act, the department of human resources revises the recommended plan for the provision of mental health services to emotionally disturbed children that a mental health consortium prepared pursuant to section 126 of this act, the department shall submit its revisions to such a plan to the legislative oversight committee created pursuant to section 133 of this act.”.
Amend sec. 134, page 61, line 28, after “abolishment.” by inserting:
“Notwithstanding the provisions of NRS 286.3007, the division of child and family services shall not purchase credit for service in the public employees’ retirement system for an employee of the division of child and family services whose position with the division is abolished pursuant to the provisions of this act.”.
Amend sec. 134, page 61, line 33, by deleting “leave” and inserting:
“leave, including, without limitation, all of his unused sick leave accrued but not carried forward pursuant to NRS 284.355,”.
Amend sec. 134, page 62, line 8, after “2.” by inserting:
“All of the employee’s unused sick leave that has been accrued but not carried forward pursuant to NRS 284.355 must be transferred to his sick leave account with the agency with which he accepted employment pursuant to subsection 2.”.
Amend sec. 134, page 62, line 19, by deleting “position.” and inserting:
“position, unless the employee, before the effective date of the abolishment of his position, requests the division to transfer a portion or all of his accrued annual leave to his account for annual leave with the agency with which he accepted employment pursuant to subsection 2. If the employee requests the transfer of a portion of his annual leave to his account for annual leave with the county agency pursuant to this subsection, the employee shall receive payment for the remaining balance of his accrued annual leave that he did not transfer.”.
Amend sec. 134, page 64, line 4, after “agency.” by inserting:
“Any county employee that suffers damages under a collective bargaining agreement in effect on October 1, 2001, as a result of the operation of this subsection may recover actual damages from the county agency. Any collective bargaining agreement entered into by the county agency covering former employees of the division of child and family services and county employees after October 1, 2001, must contain a provision regarding layoffs that provides that former employees of the division of child and family services are entitled to the same rights as county employees in the case of a layoff at the county agency and that, for purposes of such a layoff, the number of years of state service of those former employees of the division of child and family services must be considered in addition to their years of service with the county agency.”.
Amend sec. 135, page 64, by deleting lines 20 and 21 and inserting:
“oversight committee created pursuant to section 133 of this act.”.
Amend the bill as a whole by adding new sections designated sections 135.3, 135.5 and 135.7, following sec. 135, to read as follows:
“Sec. 135.3. 1. There is hereby appropriated from the state general fund to the interim finance committee the sum of $4,697,661 for one-time costs associated with the transfer of certain child welfare services from the department of human resources to Clark County and Washoe County. No expenditures may be made from the money appropriated pursuant to this subsection for ongoing costs related to the integration of the child welfare system.
2. The division of child and family services of the department of human resources may apply for an allocation of the money appropriated pursuant to subsection 1 by submitting a request for an allocation to the budget division of the department of administration. The budget division of the department of administration may submit any such request that it approves to the legislative oversight committee created pursuant to section 133 of this act for its review. The interim finance committee may allocate money appropriated pursuant to subsection 1 upon receipt of a recommendation to do so from the legislative oversight committee created pursuant to section 133 of this act.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 135.5. 1. There is hereby appropriated from the state general fund to the interim finance committee for ongoing costs associated with the transfer of certain child welfare services from the department of human resources to Clark County and Washoe County:
For the fiscal year 2001-2002........................................................................................ $1,015,497
For the fiscal year 2002-2003........................................................................................ $5,619,610
FLUSH
On or before June 30, 2002, the sum appropriated pursuant to
this subsection may be transferred from one fiscal year to the other with the
approval of the interim finance committee upon the recommendation of the
Governor.
2. The division of child and family services of the department of human resources may apply for an allocation of the money appropriated pursuant to subsection 1 by submitting a request for an allocation to the budget division of the department of administration. The budget division of the department of administration may submit any such request that it approves to the legislative oversight committee created pursuant to section 133 of this act for its review. The interim finance committee may allocate money appropriated pursuant to subsection 1 upon receipt of a recommendation to do so from the legislative oversight committee created pursuant to section 133 of this act.
3. Any remaining balance of the sum appropriated by subsection 1 for fiscal year 2001-2002 that has not been transferred to fiscal year 2002-2003 must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.
4. Any remaining balance of the sum appropriated by subsection 1 for fiscal year 2002-2003 and any sum transferred from fiscal year 2001-2002 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 135.7. 1. Notwithstanding any provision of chapter 353 of NRS to the contrary, the division of child and family services of the department of human resources may submit a request to the budget division of the department of administration to transfer money appropriated to the division in the budget accounts for children and family administration, youth community services and child care services to a new account established solely for the costs related to the integration of the child welfare system. The budget division of the department of administration may submit any such request that it approves to the legislative oversight committee created pursuant to section 133 of this act for its review. The interim finance committee may approve the transfer of money from those three budget accounts pursuant to this subsection upon receipt of a recommendation to do so from the legislative oversight committee created pursuant to section 133 of this act.
2. On or before June 30, 2002, any sum transferred from the budget account for youth community services to the new account established solely for the costs related to the integration of the child welfare system pursuant to subsection 1 may be transferred from one fiscal year to the other with the approval of the interim finance committee upon the recommendation of the Governor.
3. Any remaining balance of the sums transferred to the new account established solely for the costs related to the integration of the child welfare system pursuant to subsection 1 for fiscal year 2001-2002 that has not been transferred to fiscal year 2002-2003 must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.
4. Any remaining balance of the sums transferred to the new account established solely for the costs related to the integration of the child welfare system pursuant to subsection 1 for fiscal year 2002-2003 and any sum transferred in that account from fiscal year 2001-2002 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.”.
Amend sec. 136, page 64, by deleting lines 22 through 31 and inserting:
“Sec. 136. 1. This section and sections 131.5, 134.5, 135.3 and 137 of this act become effective upon passage and approval.
2. Sections 35 to 41, inclusive, 133, 135.5 and 135.7 of this act becomes effective on July 1, 2001.
3. Sections 1 to 9, inclusive, 11, 13 to 20, inclusive, 22 to 34, inclusive, 42 to 96, inclusive, 98 to 130, inclusive, 131.7, 132, 133.3, 133.7, 134, and 135 of this act become effective on October 1, 2001.
4. Sections 10, 21 and 97 of this act become effective at 12:01 a.m. on October 1, 2001.
5. Section 12 of this act becomes effective at 12:02 a.m. on October 1, 2001.
6. Section 130 of this act expires by limitation on January 1, 2005.
7. Sections 35 to 41, inclusive, 133 and 133.7 of this act expire by limitation on June 30, 2005.”.
Amend the preamble of the bill, page 1, line 9, by deleting “from”.
Amend the preamble of the bill, page 2, by deleting lines 16 through 19.
Amend the preamble of the bill, page 2, line 30 after “ensuring” by inserting:
“through negotiation in good faith”.
Amend the preamble of the bill, page 2, between lines 31 and 32 by inserting:
“Whereas, To ensure an equitable funding of the integrated child welfare system, the base amounts required for determining the federal and nonfederal contributions for funding the system will be based on an experience that reflects a full fiscal year; and”.
Amend the title of the bill, third line, after “counties;” by inserting:
“creating a legislative oversight committee on the integration of state and local child welfare systems; making appropriations;”.