2001 REGULAR SESSION (71st) A SB191 75
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, by deleting lines 4 through 7 and inserting:
“of a child who is or appears to be not more than 30 days old:
(a) When:
(1) The child is voluntarily delivered to the provider by a parent of the child; and
(2) The parent does not express an intent to return for the child; or
(b) When the child is delivered to the provider by another provider of emergency services pursuant to paragraph (b) of subsection 2.”.
Amend section 1, page 2, line 1, after “(a)” by inserting:
“Whenever possible, inform the parent of the child that:
(1) By allowing the provider to take possession of the child, the parent is presumed to have abandoned the child;
(2) By failing or refusing to provide an address where he can be located, the parent waives any notice of the hearing to be conducted pursuant to NRS 432B.470; and
(3) Unless the parent contacts the local agency which provides protective services, action will be taken to terminate his parental rights regarding the child.
(b)”.
Amend section 1, page 2, line 2, after “child.” by inserting:
“If the provider is a public fire-fighting agency or a law enforcement agency, the provider shall immediately cause the safe delivery of the child to a hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS.”.
Amend section 1, page 2, line 3, by deleting “(b)” and inserting “(c)”.
Amend section 1, page 2, line 6, by deleting “person” and inserting “parent”.
Amend section 1, page 2, by deleting lines 7 through 9 and inserting:
“pursuant to paragraph (a) of subsection 1:
(a) Shall leave the child:
(1) In the physical possession of a person who the parent has reasonable cause to believe is an employee of the provider; or
(2) On the property of the provider in a manner and location that the parent has reasonable cause to believe will not threaten the physical health or safety of the child, and immediately contact the provider through the local emergency telephone number and inform the provider of the delivery and location of the child.”.
Amend section 1, page 2, line 15, by deleting “person” and inserting “parent”.
Amend sec. 2, page 2, line 27, by deleting “means:” and inserting:
“means [:] , except as otherwise provided in subsection 2:”.
Amend sec. 2, page 2, by deleting lines 36 through 39 and inserting:
“harmed or threatened for the sole reason that his [parent] :
(a) Parent delivers the child to a provider of emergency services pursuant to section 1 of this act, if the parent complies with the requirements of paragraph (a) of subsection 3 of that section; or
(b) Parent or guardian, in good faith, selects and depends upon”.
Amend sec. 3, page 3, line 25, by deleting “(a)” and inserting “(b)”.
Amend sec. 7, page 6, line 38, by deleting “Notice” and inserting:
“[Notice] Except as otherwise provided in this subsection, notice”.
Amend sec. 7, page 6, line 41, by deleting “[or]” and inserting “or”.
Amend sec. 7, page 6, by deleting lines 44 through 49 and inserting:
“the door of his residence.
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If the child was delivered to a provider of
emergency services pursuant to section 1 of this act and the location of the
parent is unknown, the parent shall be deemed to have waived any notice of the
hearing conducted pursuant to this section.”.
Amend sec. 8, page 7, by deleting lines 17 through 20 and inserting:
“4. If the [person] :
(a) Person summoned resides in this state, the summons must be served personally[. If the person] ;
(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”.
Amend sec. 8, page 7, line 26, after “county.” by inserting:
“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. 12, page 10, by deleting lines 38 and 39 and inserting:
“of emergency services pursuant to section 1 of this act and the parent has not appeared in the action, the report need not be sent to that parent.”.
Amend sec. 12, pages 10 and 11, by deleting lines 45 through 49 on page 10 and lines 1 through 10 on page 11, and inserting:
“4. [Notice] Except as otherwise provided in this subsection and paragraph (c) of subsection 4 of NRS 432B.520, notice of the hearing must be given by registered or certified mail to:
(a) All the parties to any of the prior proceedings; and
(b) Any persons planning to adopt the child, relatives of the child or providers of foster care who are currently providing care to the child . [,
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except]
Notice of the hearing need not be given to a parent
whose rights have been”.
Amend the bill as a whole by deleting sec. 13 and adding a new section designated sec. 13, following sec. 12, to read as follows:
“Sec. 13. NRS 128.097 is hereby amended to read as follows:
128.097 If a parent of a child [engages] :
1. Engages in conduct that violates any provision of NRS 200.465 [,] ; or
2. Voluntarily delivers a child to a provider of emergency services pursuant to section 1 of this act,
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the parent is presumed to have abandoned the child.”.