2001 REGULAR SESSION (71st) A AB429 R1 909
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, 3 and 4” and inserting “2 and 3”.
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 through 7 as sections 2 through 6.
Amend sec. 3, page 1, lines 12 and 13, by deleting:
“432B.410 to 432B.465, inclusive, and”.
Amend sec. 3, page 2, line 3, by deleting “proceeding or” and inserting “proceeding and”.
Amend sec. 3, page 2, line 6, by deleting “child or” and inserting “child and”.
Amend sec. 4, page 2, line 21, by deleting “proceeding or” and inserting “proceeding and”.
Amend sec. 6, page 3, line 26, by deleting “3” and inserting “2”.
Amend sec. 7, page 3, line 30, by deleting “3” and inserting “2”.
Amend sec. 7, page 4, line 13, by deleting “child or” and inserting “child and”.
Amend the bill as a whole by adding a new section designated sec. 7, following sec. 7, to read as follows:
“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,
FLUSH
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.”.
Amend sec. 8, page 5, line 30, by deleting “3” and inserting “2”.
Amend sec. 9, page 6, line 3, by deleting “3” and inserting “2”.
Amend sec. 11, page 7, line 3, by deleting “3” and inserting “2”.
Amend sec. 12, page 9, line 47, by deleting “4” and inserting “3”.
Amend the bill as a whole by deleting sections 13 and 14, renumbering sections 15 and 16 as sections 14 and 15, and adding a new section designated sec. 13, following sec. 12, to read as follows:
“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.”.
Amend sec. 15, page 11, by deleting lines 15 through 23 and inserting:
“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.”.
Amend the title of the bill by deleting the first through eighth lines and inserting:
“AN ACT relating to the protection of children; providing that a child may be represented by an attorney in certain proceedings that involve the child and that his attorney has certain authority and rights; 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 and 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 and the attorney of the parent”.