2001 REGULAR SESSION (71st) A AB429 505
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 1, line 2, by deleting:
“2 and 3” and inserting:
Amend the bill as a whole by renumbering sections 2 through 6 as sections 3 through 7 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. 1. A child who is the subject of a proceeding held pursuant to this chapter has standing to appear before the court, master or special master with jurisdiction over the proceeding and to speak concerning a determination or decision which is involved in the proceeding and which may affect the child.
2. If a child who is the subject of a proceeding held pursuant to this chapter is represented by an attorney, the attorney is a party to any proceeding held pursuant to this chapter that may affect the child.”.
Amend sec. 2, page 1, line 5, after “to” by inserting:
“432B.465, inclusive, and 432B.500 to”.
Amend sec. 4, page 3, line 1, by deleting:
“2 and 3” and inserting:
“3 and 4”.
Amend sec. 5, page 3, line 16, by deleting “2” and inserting “3”.
Amend sec. 6, page 3, line 20, by deleting “2” and inserting “3”.
Amend the bill as a whole by deleting sec. 7.
Amend sec. 8, page 5, line 36, by deleting “2” and inserting “3”.
Amend sec. 9, page 6, line 9, by deleting “2” and inserting “3”.
Amend sec. 9, page 6, by deleting line 11 and inserting:
“semiannually [.] , and within 90 days after a request by a party to any of the prior proceedings. Unless the parent, guardian or the custodian”.
Amend sec. 10, page 7, line 2, by deleting “the [semiannual]” and inserting:
“[the semiannual] a”.
Amend sec. 11, page 7, line 8, by deleting “2” and inserting “3”.
Amend sec. 12, page 10, line 3, by deleting “3” and inserting “4”.
Amend the bill as a whole by renumbering sec. 13 as sec. 16 and adding new sections designated sections 13 through 15, following sec. 12, to read as follows:
“Sec. 13. Chapter 128 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A child who is the subject of a proceeding for terminating parental rights, or any rehearing or appeal thereon, has standing to appear before a court with jurisdiction over the proceeding and to speak concerning a determination or decision which is involved in the proceeding and which may affect the child.
2. If a child who is the subject of a proceeding for terminating parental rights, or any rehearing or appeal thereon, is represented by an attorney, the attorney is a party to any proceeding, or any rehearing or appeal thereon, that may affect the child.
Sec. 14. NRS 128.090 is hereby amended to read as follows:
128.090 1. At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition.
2. The proceedings are civil in nature and , except as otherwise provided in section 13 of this act, are governed by the Nevada Rules of Civil Procedure. The court shall in all cases require the petitioner to establish the facts by clear and convincing evidence and shall give full and careful consideration to all of the evidence presented, with regard to the rights and claims of the parent of the child and to any and all ties of blood or affection, but with a dominant purpose of serving the best interests of the child.
3. Information contained in a report filed pursuant to NRS 432.100 to 432.130, inclusive, or chapter 432B of NRS may not be excluded from the proceeding by the invoking of any privilege.
4. In the event of postponement, all persons served, who are not present or represented in court at the time of the postponement, must be notified thereof in the manner provided by the Nevada Rules of Civil Procedure.
5. [Any] Except as otherwise provided in section 13 of this act, any hearing held pursuant to this section must be held in closed court without admittance of any person other than those necessary to the action or proceeding, unless the court determines that holding such a hearing in open court will not be detrimental to the child.
Sec. 15. Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A minor ward or proposed minor ward who is the subject of a proceeding held pursuant to this chapter has standing to appear before the court or special master with jurisdiction over the proceeding and to speak concerning a determination or decision which is involved in the proceeding and which may affect the minor.
2. If a minor ward or proposed minor ward who is the subject of a proceeding held pursuant to this chapter is represented by an attorney, the attorney is a party to any proceeding held pursuant to this chapter that may affect the minor.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the protection of children; providing that a child has standing to appear in certain proceedings that involve the child and that his attorney is a party to the proceedings; 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 under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: