S.B. 191
Senate Bill No. 191–Senators Rawson, Carlton, Amodei, Care, Jacobsen, James, McGinness, O’Donnell, Porter, Rhoads, Titus, Washington, Coffin, Mathews, Wiener and Neal
February 16, 2001
____________
Joint Sponsors: Assemblymen Cegavske, Hettrick, Bache, Gustavson, Chowning, Anderson, Carpenter, Gibbons, Giunchigliani, Koivisto, Manendo, Mortenson and Parnell
____________
Referred to Committee on Human Resources and Facilities
SUMMARY—Makes various changes regarding possession, care, custody and disposition of and liability for certain newborn infants. (BDR 38‑736)
FISCAL NOTE: Effect on Local Government: Yes.
CONTAINS UNFUNDED MANDATE (§§ 1, 5, 9)
(Not Requested by Affected Local Government)
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to the protection of children; providing for the delivery of certain newborn infants to certain providers of emergency services; providing for the care, protective custody and disposition of those infants; providing civil and criminal immunity for performing certain acts regarding those infants; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 432B of NRS is hereby amended by adding thereto
1-2 a new section to read as follows:
1-3 1. A provider of emergency services shall take immediate possession
1-4 of a child who is or appears to be not more than 30 days old if:
1-5 (a) The child is voluntarily delivered to the provider by a parent of the
1-6 child; and
1-7 (b) The parent does not express an intent to return for the child.
1-8 2. A provider of emergency services who takes possession of a child
1-9 pursuant to subsection 1 shall:
2-1 (a) Perform any act necessary to maintain and protect the physical
2-2 health and safety of the child.
2-3 (b) As soon as reasonably practicable but not later than 24 hours after
2-4 the provider takes possession of the child, report that possession to an
2-5 agency which provides protective services.
2-6 3. A person who delivers a child to a provider of emergency services
2-7 pursuant to subsection 1:
2-8 (a) Is presumed to have intended to consent to the termination of his
2-9 parental rights to the child.
2-10 (b) Shall be deemed to have given his consent to the performance of
2-11 all necessary emergency services and care for the child.
2-12 (c) Must not be required to provide any background or medical
2-13 information regarding the child, but may voluntarily do so.
2-14 (d) Unless there is reasonable cause to believe that the child has been
2-15 abused or neglected, excluding the mere fact that the person has
2-16 delivered the child to the provider pursuant to subsection 1:
2-17 (1) Must not be required to disclose any identifying information,
2-18 but may voluntarily do so;
2-19 (2) Must be allowed to leave at any time; and
2-20 (3) Must not be pursued or followed.
2-21 4. As used in this section, “provider of emergency services” means:
2-22 (a) A hospital, an obstetric center or an independent center for
2-23 emergency medical care licensed pursuant to chapter 449 of NRS;
2-24 (b) A public fire-fighting agency; or
2-25 (c) A law enforcement agency.
2-26 Sec. 2. NRS 432B.020 is hereby amended to read as follows:
2-27 432B.020 1. “Abuse or neglect of a child” means:
2-28 (a) Physical or mental injury of a nonaccidental nature;
2-29 (b) Sexual abuse or sexual exploitation; or
2-30 (c) Negligent treatment or maltreatment as set forth in
NRS 432B.140,
2-31 of a child caused or allowed by a person responsible for his welfare under
2-32 circumstances which indicate that the child’s health or welfare is harmed or
2-33 threatened with harm.
2-34 2. A child is not abused or neglected, nor is his health or welfare
2-35 harmed or threatened for the sole reason that [his] :
2-36 (a) A person delivers or allows the delivery of the child to a provider of
2-37 emergency services pursuant to section 1 of this act; or
2-38 (b) His parent or guardian, in good faith, selects and depends upon
2-39 nonmedical remedial treatment for such child, if such treatment is
2-40 recognized and permitted under the laws of this state in lieu of medical
2-41 treatment. This [subsection] paragraph does not limit the court in ensuring
2-42 that a child receive a medical examination and treatment pursuant to NRS
2-43 62.231.
2-44 3. As used in this section, “allow” means to do nothing to prevent or
2-45 stop the abuse or neglect of a child in circumstances where the person
2-46 knows or has reason to know that a child is abused or neglected.
3-1 Sec. 3. NRS 432B.160 is hereby amended to read as follows:
3-2 432B.160 1. [Immunity] Except as otherwise provided in subsection
3-3 2, immunity from civil or criminal liability extends to every person who in
3-4 good faith:
3-5 (a) Makes a report pursuant to NRS 432B.220;
3-6 (b) Conducts an interview or allows an interview to be taken pursuant to
3-7 NRS 432B.270;
3-8 (c) Allows or takes photographs or X-rays pursuant to NRS 432B.270;
3-9 (d) Causes a medical test to be performed pursuant to NRS 432B.270;
3-10 (e) Provides a record, or a copy thereof, of a medical test performed
3-11 pursuant to NRS 432B.270 to an agency that provides protective services
3-12 to the child, a law enforcement agency that participated in the investigation
3-13 of the report of abuse or neglect of the child , or the prosecuting attorney’s
3-14 office;
3-15 (f) Holds a child pursuant to NRS 432B.400 , takes possession of a
3-16 child pursuant to section 1 of this act or places a child in protective
3-17 custody[;] pursuant to any provision of this chapter;
3-18 (g) Performs any act pursuant to subsection 2 of section 1 of this act;
3-19 (h) Refers a case or recommends the filing of a petition pursuant to
3-20 NRS 432B.380; or
3-21 [(h)] (i) Participates in a judicial proceeding resulting from a referral or
3-22 recommendation.
3-23 2. The provisions of subsection 1 do not confer any immunity from
3-24 liability for the negligent performance of any act pursuant to paragraph
3-25 (a) of subsection 2 of section 1 of this act.
3-26 3. In any proceeding to impose liability against a person for:
3-27 (a) Making a report pursuant to NRS 432B.220; or
3-28 (b) [Any of the acts] Performing any act set forth in paragraphs (b) to
3-29 [(h),] (i), inclusive, of subsection 1,
3-30 there is a presumption that the person acted in good faith.
3-31 Sec. 4. NRS 432B.330 is hereby amended to read as follows:
3-32 432B.330 1. A child is in need of protection if:
3-33 (a) He has been abandoned by a person responsible for his welfare;
3-34 (b) He is suffering from congenital drug addiction or [the] fetal alcohol
3-35 syndrome[,] because of the faults or habits of a person responsible for his
3-36 welfare;
3-37 (c) He has been subjected to abuse or neglect by a person responsible
3-38 for his welfare;
3-39 (d) He is in the care of a person responsible for his welfare and another
3-40 child has died as a result of abuse or neglect by that person; [or]
3-41 (e) He has been placed for care or adoption in violation of law[.] ; or
3-42 (f) He has been delivered to a provider of emergency services
3-43 pursuant to section 1 of this act.
3-44 2. A child may be in need of protection if the person responsible for
3-45 his welfare:
3-46 (a) Is unable to discharge his responsibilities to and for the child
3-47 because of incarceration, hospitalization , or other physical or mental
3-48 incapacity;
4-1 (b) Fails, although he is financially able to do so or has been offered
4-2 financial or other means to do so, to provide for the following needs of the
4-3 child:
4-4 (1) Food, clothing or shelter necessary for the child’s health or safety;
4-5 (2) Education as required by law; or
4-6 (3) Adequate medical care; or
4-7 (c) Has been responsible for the abuse or neglect of a child who has
4-8 resided with that person.
4-9 3. A child may be in need of protection if the death of a parent of the
4-10 child is or may be the result of an act by the other parent that constitutes
4-11 domestic violence pursuant to NRS 33.018.
4-12 Sec. 5. NRS 432B.390 is hereby amended to read as follows:
4-13 432B.390 1. An agent or officer of a law enforcement agency, an
4-14 officer of the local juvenile probation department or the local department
4-15 of juvenile services , or a designee of an agency which provides protective
4-16 services:
4-17 (a) May place a child in protective custody without the consent of the
4-18 person responsible for the child’s welfare if he has reasonable cause to
4-19 believe that immediate action is necessary to protect the child from injury,
4-20 abuse or neglect.
4-21 (b) Shall place a child in protective custody upon the death of a parent
4-22 of the child, without the consent of the person responsible for the welfare
4-23 of the child, if the agent, officer or designee has reasonable cause to
4-24 believe that the death of the parent of the child is or may be the result of an
4-25 act by the other parent that constitutes domestic violence pursuant to NRS
4-26 33.018.
4-27 2. When an agency which provides protective services receives a
4-28 report pursuant to subsection 2 of section 1 of this act, a designee of the
4-29 agency which provides protective services shall immediately place the
4-30 child in protective custody.
4-31 3. If there is reasonable cause to believe that the death of a parent of
4-32 [the] a child is or may be the result of an act by the other parent that
4-33 constitutes domestic violence pursuant to NRS 33.018, a protective custody
4-34 hearing must be held pursuant to NRS 432B.470, whether the child was
4-35 placed in protective custody or with a relative. If an agency other than an
4-36 agency which provides protective services becomes aware that there is
4-37 reasonable cause to believe that the death of a parent of [the] a child is or
4-38 may be the result of an act by the other parent that constitutes domestic
4-39 violence pursuant to NRS 33.018, that agency shall immediately notify the
4-40 agency which provides protective services and a protective custody hearing
4-41 must be scheduled.
4-42 [3.] 4. An agency which provides protective services shall request the
4-43 assistance of a law enforcement agency in the removal of [the] a child if
4-44 [it] the agency has reasonable cause to believe that the child or the person
4-45 placing the child in protective custody may be threatened with harm.
4-46 [4.] 5. Before taking a child for placement in protective custody, the
4-47 person taking the child shall show his identification to any person who is
4-48 responsible for the child and is present at the time the child is taken. If a
4-49 person who is responsible for the child is not present at the time the child is
5-1 taken, the person taking the child shall show his identification to any other
5-2 person upon request. The identification required by this subsection must be
5-3 a single card that contains a photograph of the person taking the child and
5-4 identifies him as a person authorized pursuant to [subsection 1] this section
5-5 to place a child in protective custody.
5-6 [5.] 6. A child placed in protective custody pending an investigation
5-7 and a hearing held pursuant to NRS 432B.470 must be placed in a hospital,
5-8 if the child needs hospitalization, or in a shelter, which may include a
5-9 foster home or other home or facility which provides care for those
5-10 children, but the child must not be placed in a jail or other place for
5-11 detention, incarceration or residential care of persons convicted of a crime
5-12 or children charged with delinquent acts.
5-13 [6.] 7. A person placing a child in protective custody pursuant to
5-14 subsection 1 shall:
5-15 (a) Immediately take steps to protect all other children remaining in the
5-16 home or facility, if necessary;
5-17 (b) Immediately make a reasonable effort to inform the person
5-18 responsible for the child’s welfare that the child has been placed in
5-19 protective custody;
5-20 (c) Give preference in placement of the child to any person related
5-21 within the third degree of consanguinity to the child who is suitable and
5-22 able to provide proper care and guidance for the child, regardless of
5-23 whether the relative resides within this state; and
5-24 (d) As soon as practicable, inform the agency which provides protective
5-25 services and the appropriate law enforcement agency.
5-26 [7.] 8. If a child is placed with any person who resides outside of this
5-27 state, the placement must be in accordance with NRS 127.330.
5-28 Sec. 6. NRS 432B.393 is hereby amended to read as follows:
5-29 432B.393 1. Except as otherwise provided in this section, an agency
5-30 which provides protective services shall make reasonable efforts to
5-31 preserve and reunify the family of a child to prevent or eliminate the need
5-32 for his removal from his home and to make it possible for his safe return to
5-33 his home.
5-34 2. In determining the reasonable efforts required by subsection 1, the
5-35 health and safety of the child must be the paramount concern. The agency
5-36 which provides protective services may make reasonable efforts to place
5-37 the child for adoption or with a legal guardian concurrently with making
5-38 the reasonable efforts required pursuant to subsection 1. If the court
5-39 determines that continuation of the reasonable efforts required by
5-40 subsection 1 is inconsistent with the plan for the permanent placement of
5-41 the child, the agency which provides protective services shall make
5-42 reasonable efforts to place the child in a timely manner in accordance with
5-43 that plan and to complete whatever actions are necessary to finalize the
5-44 permanent placement of the child.
5-45 3. An agency which provides protective services is not required to
5-46 make the reasonable efforts required by subsection 1 if the court finds that:
5-47 (a) A parent or other primary caretaker of the child has:
5-48 (1) Committed, aided or abetted in the commission of, or attempted,
5-49 conspired or solicited to commit murder or voluntary manslaughter;
6-1 (2) Caused the abuse or neglect of the child, or of another child of the
6-2 parent or primary caretaker, which resulted in substantial bodily harm to
6-3 the abused or neglected child;
6-4 (3) Caused the abuse or neglect of the child, a sibling of the child or
6-5 another child in the household, and the abuse or neglect was so extreme or
6-6 repetitious as to indicate that any plan to return the child to his home would
6-7 result in an unacceptable risk to the health or welfare of the child; or
6-8 (4) Abandoned the child for 60 or more days, and the identity of the
6-9 parent of the child is unknown and cannot be ascertained through
6-10 reasonable efforts;
6-11 (b) A parent of the child has, for the previous 6 months, had the ability
6-12 to contact or communicate with the child and made no more than token
6-13 efforts to do so;
6-14 (c) The parental rights of a parent to a sibling of the child have been
6-15 terminated by a court order upon any basis other than the execution of a
6-16 voluntary relinquishment of those rights by a natural parent, and the court
6-17 order is not currently being appealed;
6-18 (d) The child or a sibling of the child was previously removed from his
6-19 home, adjudicated to have been abused or neglected, returned to his home
6-20 and subsequently removed from his home as a result of additional abuse or
6-21 neglect; [or]
6-22 (e) The child is less than 1 year of age, the father of the child is not
6-23 married to the mother of the child and the father of the child:
6-24 (1) Has failed within 60 days after learning of the birth of the child,
6-25 to visit the child, to commence proceedings to establish his paternity of the
6-26 child or to provide financial support for the child; or
6-27 (2) Is entitled to seek custody of the child but fails to do so within 60
6-28 days after learning that the child was placed in foster care[.] ; or
6-29 (f) The child was delivered to a provider of emergency services
6-30 pursuant to section 1 of this act.
6-31 Sec. 7. NRS 432B.470 is hereby amended to read as follows:
6-32 432B.470 1. A child taken into protective custody pursuant to NRS
6-33 432B.390 must be given a hearing, conducted by a judge, master or special
6-34 master appointed by the judge for that particular hearing, within 72 hours,
6-35 excluding Saturdays, Sundays and holidays, after being taken into custody,
6-36 to determine whether the child should remain in protective custody pending
6-37 further action by the court.
6-38 2. Notice of the time and place of the hearing must be given to a parent
6-39 or other person responsible for the child’s welfare:
6-40 (a) By personal service of a written notice;
6-41 (b) Orally; [or]
6-42 (c) If the parent or other person responsible for the child’s welfare
6-43 cannot be located after a reasonable effort, by posting a written notice on
6-44 the door of his residence[.] ; or
6-45 (d) If the child was delivered to a provider of emergency services
6-46 pursuant to section 1 of this act and the location of the parent is
6-47 unknown, by publication at least once in a newspaper published in the
6-48 county and if no such newspaper is published, then a newspaper
6-49 published in this state that has a general circulation in the county.
7-1 3. If notice is given by means of paragraph (b) or (c) of subsection 2, a
7-2 copy of the notice must be mailed to the person at his last known address
7-3 within 24 hours after the child is placed in protective custody.
7-4 Sec. 8. NRS 432B.520 is hereby amended to read as follows:
7-5 432B.520 1. After a petition has been filed, the court shall direct the
7-6 clerk to issue a summons requiring the person who has custody or control
7-7 of the child to appear personally and bring the child before the court at a
7-8 time and place stated in the summons. If the person so summoned is other
7-9 than a parent or guardian of the child, then the parent or guardian, or both,
7-10 must also be notified by a similar summons of the pendency of the hearing
7-11 and of the time and place appointed.
7-12 2. Summons may be issued requiring the appearance of any other
7-13 person whose presence, in the opinion of the court, is necessary.
7-14 3. Each summons must include notice of the right of parties to counsel
7-15 at the adjudicatory hearing. A copy of the petition must be attached to each
7-16 summons.
7-17 4. If the person summoned resides in this state, the summons must be
7-18 served personally. If the person summoned cannot be found within this
7-19 state or does not reside in this state, the summons must be mailed by
7-20 registered or certified mail to his last known address. If the child was
7-21 delivered to a provider of emergency services pursuant to section 1 of this
7-22 act and the location of the parent is unknown, the summons must be
7-23 served on the parent by publication at least once a week for 3 consecutive
7-24 weeks in a newspaper published in the county and if no such newspaper
7-25 is published, then a newspaper published in this state that has a general
7-26 circulation in the county.
7-27 5. If it appears that the child is in such condition or surroundings that
7-28 his welfare requires that his custody be immediately assumed by the court,
7-29 the court may order, by endorsement upon the summons, that the person
7-30 serving it shall at once deliver the child to an agency which provides
7-31 protective services in whose custody the child must remain until the further
7-32 order of the court.
7-33 6. If the summons cannot be served or the person who has custody or
7-34 control of the child fails to obey it, or:
7-35 (a) In the judge’s opinion, the service will be ineffectual or the welfare
7-36 of the child requires that he be brought forthwith into the custody of the
7-37 court; or
7-38 (b) A person responsible for the child’s welfare has absconded with him
7-39 or concealed him from a representative of an agency which provides
7-40 protective services,
7-41 the court may issue a writ for the attachment of the child’s person,
7-42 commanding a law enforcement officer or a representative of an agency
7-43 which provides protective services to place the child in protective custody.
7-44 Sec. 9. NRS 432B.540 is hereby amended to read as follows:
7-45 432B.540 1. If the court finds that the allegations of the petition are
7-46 true, it shall order that a report be made in writing by an agency which
7-47 provides protective services, concerning [the] :
7-48 (a) Except as otherwise provided in paragraph (b), the conditions in
7-49 the child’s place of residence, the child’s record in school, the mental,
8-1 physical and social background of his family, its financial situation and
8-2 other matters relevant to the case[.] ; or
8-3 (b) If the child was delivered to a provider of emergency services
8-4 pursuant to section 1 of this act, any matters relevant to the case.
8-5 2. If the agency believes that it is necessary to remove the child from
8-6 the physical custody of his parents, it must submit with the report a plan
8-7 designed to achieve a placement of the child in a safe setting as near to the
8-8 residence of his parent as is consistent with the best interests and special
8-9 needs of the child. The plan must include:
8-10 (a) A description of the type, safety and appropriateness of the home or
8-11 institution in which the child could be placed, a plan for ensuring that he
8-12 would receive safe and proper care and a description of his needs;
8-13 (b) A description of the services to be provided to the child and to a
8-14 parent to facilitate the return of the child to the custody of his parent or to
8-15 ensure his permanent placement;
8-16 (c) The appropriateness of the services to be provided under the plan;
8-17 and
8-18 (d) A description of how the order of the court will be carried out.
8-19 3. If the child is not residing in his home, the agency shall include as a
8-20 part of the plan for the permanent placement of the child, established
8-21 pursuant to NRS 432B.590, a recommendation to terminate parental rights
8-22 unless it determines that initiating a petition for the termination of parental
8-23 rights is not in the best interests of the child. If the agency conclusively
8-24 determines that initiating a petition for the termination of parental rights is
8-25 not in the best interests of the child, it shall include a full explanation of the
8-26 basis for the determination as part of the plan.
8-27 Sec. 10. NRS 432B.550 is hereby amended to read as follows:
8-28 432B.550 1. If the court finds that a child is in need of protection, it
8-29 shall determine whether the agency which provides protective services has
8-30 made the reasonable efforts required by subsection 1 of NRS 432B.393.
8-31 The court may, by its order, after receipt and review of the report from the
8-32 agency which provides protective services:
8-33 (a) Permit the child to remain in the temporary or permanent custody of
8-34 his parents or a guardian with or without supervision by the court or a
8-35 person or agency designated by the court, and with or without retaining
8-36 jurisdiction of the case, upon such conditions as the court may prescribe;
8-37 (b) Place him in the temporary or permanent custody of a relative or
8-38 other person who the court finds suitable to receive and care for him with
8-39 or without supervision, and with or without retaining jurisdiction of the
8-40 case, upon such conditions as the court may prescribe;
8-41 (c) Place him in the temporary custody of a public agency or institution
8-42 authorized to care for children, the local juvenile probation department, the
8-43 local department of juvenile services , or a private agency or institution
8-44 licensed by the department of human resources to care for such a child; or
8-45 (d) Commit him to the custody of the superintendent of the northern
8-46 Nevada children’s home or the superintendent of the southern Nevada
8-47 children’s home, in accordance with chapter 423 of NRS.
8-48 In carrying out this subsection, the court may, in its sole discretion,
8-49 consider an application pursuant to chapter 159 of NRS for the
9-1 guardianship of the child. If the court grants such an application, it may
9-2 retain jurisdiction of the case or transfer the case to another court of
9-3 competent jurisdiction.
9-4 2. If, pursuant to subsection 1, a child is placed other than with a
9-5 parent:
9-6 (a) The parent retains the right to consent to adoption, to determine the
9-7 child’s religious affiliation and to reasonable visitation, unless restricted by
9-8 the court. If the custodian of the child interferes with these rights, the
9-9 parent may petition the court for enforcement of his rights.
9-10 (b) The court shall set forth good cause why the child was placed other
9-11 than with a parent.
9-12 3. If, pursuant to subsection 1, the child is to be placed with a relative,
9-13 the court may consider, among other factors, whether the child has resided
9-14 with a particular relative for 3 years or more before the incident which
9-15 brought the child to the court’s attention.
9-16 4. [A] Except as otherwise provided in this subsection, a copy of the
9-17 report prepared for the court by the agency which provides protective
9-18 services must be sent to the custodian and the parent or legal guardian. If
9-19 the child was delivered to a provider of emergency services pursuant to
9-20 section 1 of this act and the location of the parent is unknown, the report
9-21 need not be sent to that parent.
9-22 5. In determining the placement of a child pursuant to this section, if
9-23 the child is not permitted to remain in the custody of his parents or
9-24 guardian, preference must be given to placing the child:
9-25 (a) With any person related within the third degree of consanguinity to
9-26 the child who is suitable and able to provide proper care and guidance for
9-27 the child, regardless of whether the relative resides within this state.
9-28 (b) If practicable, together with his siblings.
9-29 Any search for a relative with whom to place a child pursuant to this
9-30 section must be completed within 1 year after the initial placement of the
9-31 child outside of his home. If a child is placed with any person who resides
9-32 outside of this state, the placement must be in accordance with NRS
9-33 127.330.
9-34 Sec. 11. NRS 432B.560 is hereby amended to read as follows:
9-35 432B.560 1. The court may also order:
9-36 (a) The child, a parent or the guardian to undergo such medical,
9-37 psychiatric, [psychologic] psychological, or other care or treatment as the
9-38 court considers to be in the best interests of the child.
9-39 (b) A parent or guardian to refrain from:
9-40 (1) Any harmful or offensive conduct toward the child, the other
9-41 parent, the custodian of the child or the person given physical custody of
9-42 the child; and
9-43 (2) Visiting the child if the court determines that the visitation is not
9-44 in the best interest of the child.
9-45 (c) A reasonable right of visitation for a grandparent of the child if the
9-46 child is not permitted to remain in the custody of his parents.
9-47 2. The court shall order a parent or guardian to pay to the custodian an
9-48 amount sufficient to support the child while the child is in the care of the
9-49 custodian pursuant to an order of the court[.] , unless the child was
10-1 delivered to a provider of emergency services pursuant to section 1 of this
10-2 act and the location of the parent is unknown. Payments for the
10-3 obligation of support must be determined in accordance with NRS
10-4 125B.070 and 125B.080, but must not exceed the reasonable cost of the
10-5 child’s care, including food, shelter, clothing, medical care and education.
10-6 An order for support made pursuant to this subsection must:
10-7 (a) Require that payments be made to the appropriate agency or office;
10-8 (b) Provide that the custodian is entitled to a lien on the obligor’s
10-9 property in the event of nonpayment of support; and
10-10 (c) Provide for the immediate withholding of income for the payment of
10-11 support unless:
10-12 (1) All parties enter into an alternative written agreement; or
10-13 (2) One party demonstrates and the court finds good cause to
10-14 postpone the withholding.
10-15 3. A court that enters an order pursuant to subsection 2 shall ensure
10-16 that the social security number of the parent or guardian who is the subject
10-17 of the order is:
10-18 (a) Provided to the welfare division of the department of human
10-19 resources.
10-20 (b) Placed in the records relating to the matter and, except as otherwise
10-21 required to carry out a specific statute, maintained in a confidential
10-22 manner.
10-23 Sec. 12. NRS 432B.580 is hereby amended to read as follows:
10-24 432B.580 1. Except as otherwise provided in this section, if a child is
10-25 placed pursuant to NRS 432B.550 other than with a parent, the placement
10-26 must be reviewed by the court at least semiannually. Unless the parent,
10-27 guardian or the custodian objects to the referral, the court may enter an
10-28 order directing that the placement be reviewed by a panel appointed
10-29 pursuant to NRS 432B.585.
10-30 2. An agency acting as the custodian of the child shall, before any
10-31 hearing for review of the placement of a child, submit a report to the court,
10-32 or to the panel if it has been designated to review the matter, which
10-33 includes an evaluation of the progress of the child and his family and any
10-34 recommendations for further supervision, treatment or rehabilitation. [A]
10-35 Except as otherwise provided in this subsection, a copy of the report must
10-36 be given to the parents, the guardian ad litem and the attorney, if any,
10-37 representing the parent or the child. If the child was delivered to a provider
10-38 of emergency services pursuant to section 1 of this act and the location of
10-39 a parent is unknown, the report need not be sent to that parent.
10-40 3. The court or the panel shall hold a hearing to review the placement,
10-41 unless the parent, guardian or custodian files a motion with the court to
10-42 dispense with the hearing. If the motion is granted, the court or panel may
10-43 make its determination from any report, statement or other information
10-44 submitted to it.
10-45 4. [Notice] Except as otherwise provided in this subsection, notice of
10-46 the hearing must be given [by registered or certified mail to:
10-47 (a) All] :
10-48 (a) To:
10-49 (1) All the parties to any of the prior proceedings; and
11-1 [(b)] (2) Any persons planning to adopt the child, relatives of the child
11-2 or providers of foster care who are currently providing care to the child,
11-3 [except] by registered or certified mail.
11-4 (b) If the child was delivered to a provider of emergency services
11-5 pursuant to section 1 of this act and the location of a parent is unknown,
11-6 to the parent by publication at least once a week for 3 consecutive weeks
11-7 in a newspaper published in the county and if no such newspaper is
11-8 published, then a newspaper published in this state that has a general
11-9 circulation in the county.
11-10 Notice of the hearing need not be given to a parent whose rights have been
11-11 terminated pursuant to chapter 128 of NRS or who has voluntarily
11-12 relinquished the child for adoption pursuant to NRS 127.040.
11-13 5. The court or panel may require the presence of the child at the
11-14 hearing and shall provide to each person to whom notice was given
11-15 pursuant to subsection 4 an opportunity to be heard at the hearing.
11-16 6. The court or panel shall review:
11-17 (a) The continuing necessity for and appropriateness of the placement;
11-18 (b) The extent of compliance with the plan submitted pursuant to
11-19 subsection 2 of NRS 432B.540;
11-20 (c) Any progress which has been made in alleviating the problem which
11-21 resulted in the placement of the child; and
11-22 (d) The date the child may be returned to, and safely maintained in, his
11-23 home or placed for adoption or under a legal guardianship.
11-24 7. The provision of notice and an opportunity to be heard pursuant to
11-25 this section does not cause any person planning to adopt the child, or any
11-26 relative or provider of foster care to become a party to the hearing.
11-27 Sec. 13. NRS 432B.590 is hereby amended to read as follows:
11-28 432B.590 1. Except as otherwise provided in NRS 432B.600, the
11-29 court shall hold a hearing concerning the permanent placement of a child:
11-30 (a) Not later than 12 months after the initial removal of the child from
11-31 his home and annually thereafter.
11-32 (b) Within 30 days after making any of the findings set forth in
11-33 subsection 3 of NRS 432B.393.
11-34 Notice of this hearing must be given [by registered or certified mail] in the
11-35 manner provided pursuant to subsection 4 of NRS 432B.580 to all of the
11-36 persons to whom notice must be given pursuant to that subsection . [4 of
11-37 NRS 432B.580.]
11-38 2. The court may require the presence of the child at the hearing and
11-39 shall provide to each person to whom notice was given pursuant to
11-40 subsection 1 an opportunity to be heard at the hearing.
11-41 3. At the hearing, the court shall establish a plan for the permanent
11-42 placement of the child and determine whether:
11-43 (a) The child should be returned to his parents or other relatives;
11-44 (b) The child’s placement in the foster home or other similar institution
11-45 should be continued; or
11-46 (c) It is in the best interests of the child to initiate proceedings to:
11-47 (1) Terminate parental rights pursuant to chapter 128 of NRS so that
11-48 the child can be placed for adoption; or
11-49 (2) Establish a guardianship pursuant to chapter 159 of NRS.
12-1 If the court determines that it is in the best interests of the child to
12-2 terminate parental rights, the court shall use its best efforts to ensure that
12-3 the procedures required by chapter 128 of NRS are completed within 6
12-4 months after the date the court makes that determination, including,
12-5 without limitation, appointing a private attorney to expedite the completion
12-6 of the procedures.
12-7 4. If a child has been placed outside of his home and has resided
12-8 outside of his home pursuant to that placement for 14 months of any 20
12-9 consecutive months, the best interests of the child must be presumed to be
12-10 served by the termination of parental rights.
12-11 5. This hearing may take the place of the hearing for review required
12-12 by NRS 432B.580.
12-13 6. The provision of notice and an opportunity to be heard pursuant to
12-14 this section does not cause any person planning to adopt the child, or any
12-15 relative or provider of foster care to become a party to the hearing.
12-16 Sec. 14. NRS 200.508 is hereby amended to read as follows:
12-17 200.508 1. A person who:
12-18 (a) Willfully causes a child who is less than 18 years of age to suffer
12-19 unjustifiable physical pain or mental suffering as a result of abuse or
12-20 neglect or to be placed in a situation where the child may suffer physical
12-21 pain or mental suffering as the result of abuse or neglect; or
12-22 (b) Is responsible for the safety or welfare of a child and who permits or
12-23 allows that child to suffer unjustifiable physical pain or mental suffering as
12-24 a result of abuse or neglect or to be placed in a situation where the child
12-25 may suffer physical pain or mental suffering as the result of abuse or
12-26 neglect,
12-27 is guilty of a gross misdemeanor unless a more severe penalty is prescribed
12-28 by law for an act or omission which brings about the abuse, neglect or
12-29 danger.
12-30 2. A person who violates any provision of subsection 1, if substantial
12-31 bodily or mental harm results to the child:
12-32 (a) If the child is less than 14 years of age and the harm is the result of
12-33 sexual abuse or exploitation, is guilty of a category A felony and shall be
12-34 punished by imprisonment in the state prison for life with the possibility of
12-35 parole, with eligibility for parole beginning when a minimum of 10 years
12-36 has been served; or
12-37 (b) In all other such cases to which paragraph (a) does not apply, is
12-38 guilty of a category B felony and shall be punished by imprisonment in the
12-39 state prison for a minimum term of not less than 2 years and a maximum
12-40 term of not more than 20 years.
12-41 3. A person does not commit a violation of subsection 1 by virtue of
12-42 the sole fact that he delivers or allows the delivery of a child to a provider
12-43 of emergency services pursuant to section 1 of this act.
12-44 4. As used in this section:
12-45 (a) “Abuse or neglect” means physical or mental injury of a
12-46 nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment
12-47 or maltreatment of a child under the age of 18 years, as set forth in
12-48 paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and
13-1 432B.150, under circumstances which indicate that the child’s health or
13-2 welfare is harmed or threatened with harm.
13-3 (b) “Allow” means to do nothing to prevent or stop the abuse or neglect
13-4 of a child in circumstances where the person knows or has reason to know
13-5 that the child is abused or neglected.
13-6 (c) “Permit” means permission that a reasonable person would not grant
13-7 and which amounts to a neglect of responsibility attending the care,
13-8 custody and control of a minor child.
13-9 (d) “Physical injury” means:
13-10 (1) Permanent or temporary disfigurement; or
13-11 (2) Impairment of any bodily function or organ of the body.
13-12 (e) “Substantial mental harm” means an injury to the intellectual or
13-13 psychological capacity or the emotional condition of a child as evidenced
13-14 by an observable and substantial impairment of the ability of the child to
13-15 function within his normal range of performance or behavior.
13-16 Sec. 15. NRS 201.110 is hereby amended to read as follows:
13-17 201.110 [Any]
13-18 1. Except as otherwise provided in this section, any person who
13-19 commits any act or omits the performance of any duty, which act or
13-20 omission causes or tends to cause or encourage any person under the age of
13-21 18 to become a “neglected child,” “child in need of supervision” or
13-22 “delinquent child,” as defined in NRS 201.090 , to 201.110, inclusive, or
13-23 which act or omission contributes thereto, or any person who, by any act or
13-24 omission, or by threats, command or persuasion, induces or endeavors to
13-25 induce any person under the age of 18 to perform any act or to follow any
13-26 course of conduct or to so live as would cause or manifestly tend to cause
13-27 any such person to become or to remain a person who is a “neglected
13-28 child,” “child in need of supervision” or “delinquent child,” as defined in
13-29 NRS 201.090 [to 201.110, inclusive, shall be] , is guilty of contributory
13-30 neglect or contributory delinquency. Contributory neglect or contributory
13-31 delinquency is a misdemeanor.
13-32 2. A person does not commit a violation of subsection 1 by virtue of
13-33 the sole fact that he delivers or induces the delivery of a child to a
13-34 provider of emergency services pursuant to section 1 of this act.
13-35 Sec. 16. The provisions of subsection 1 of NRS 354.599 do not apply
13-36 to any additional expenses of a local government that are related to the
13-37 provisions of this act.
13-38 Sec. 17. This act becomes effective upon passage and approval.
13-39 H