Senate Bill No. 278–Senators Mathews, Rawson,
Neal, Carlton and Titus

 

March 5, 2001

____________

 

Referred to Committee on Finance

 

SUMMARY—Requires establishment of program to provide supportive assistance to certain persons who obtain legal guardianship of their grandchildren. (BDR 38‑541)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the welfare of children; requiring the establishment of a program to provide supportive assistance to certain persons who obtain the legal guardianship of their grandchildren; 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 422 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  1.  The department, through a division of the department

1-4  designated by the director, shall establish and administer a program to

1-5  provide supportive assistance to the grandparents of children placed in

1-6  the custody of the department pursuant to chapter 432B of NRS, who

1-7  obtain the legal guardianship of those children.

1-8    2.  As a condition to the provision of any supportive assistance

1-9  pursuant to this section:

1-10    (a) The child must:

1-11      (1) Have been placed in the care of his grandparent for not less

1-12  than 6 months; and

1-13      (2) If he is 14 years of age or older, consent to the legal

1-14  guardianship;

1-15    (b) The grandparent must:

1-16      (1) Reside in this state;

1-17      (2) Verify his legal relationship to the child; and

1-18      (3) File for and obtain court approval of the legal guardianship and

1-19  comply with any requirements imposed by the court;

1-20    (c) The department must determine that:

2-1       (1) The permanent placement of the child with his grandparent is in

2-2  the best interests of the child; and

2-3       (2) The personal and criminal history of the grandparent and the

2-4  safety of his home is satisfactory;

2-5    (d) The department and the grandparent must agree that the

2-6  grandparent can maintain a stable relationship with the child without

2-7  state supervision;

2-8    (e) There must be documented evidence of the reasonable efforts

2-9  required by subsection 1 of NRS 432B.393;

2-10    (f) Parental consent to the legal guardianship of the child must be

2-11  requested, but need not be obtained; and

2-12    (g) No parent of the child may reside in the same household as the

2-13  child.

2-14    3.  The supportive assistance provided pursuant to this section must

2-15  include:

2-16    (a) Reimbursement of all or a portion of the legal fees incurred by the

2-17  grandparent to establish the legal guardianship;

2-18    (b) Payments equivalent in amount to the payments that the

2-19  department would provide to a foster parent if the child had been placed

2-20  in foster care;

2-21    (c) Assistance with:

2-22      (1) Child care;

2-23      (2) Respite care;

2-24      (3) Transportation; and

2-25      (4) Child health care; and

2-26    (d) Any other assistance the department deems appropriate.

2-27    4.  The department shall adopt such regulations as are necessary to

2-28  carry out the provisions of this section.

2-29    Sec. 3.  1.  An applicant for the receipt of supportive assistance

2-30  provided pursuant to section 2 of this act shall submit to the department a

2-31  complete set of his fingerprints and written permission authorizing the

2-32  department to forward those fingerprints to the central repository for

2-33  Nevada records of criminal history for submission to the Federal Bureau

2-34  of Investigation for its report to enable the department to determine

2-35  whether the criminal history of the applicant is satisfactory.

2-36    2.  The department may exchange with the central repository or the

2-37  Federal Bureau of Investigation any information respecting the

2-38  fingerprints submitted.

2-39    3.  When a report from the Federal Bureau of Investigation is

2-40  received by the central repository, it shall immediately forward a copy of

2-41  the report to the department.

2-42    Sec. 4.  NRS 422.240 is hereby amended to read as follows:

2-43    422.240  1.  Money to carry out the provisions of NRS 422.001 to

2-44  422.410, inclusive, and sections 2 and 3 of this act and NRS 422.580,

2-45  including, without limitation, any federal money allotted to the State of

2-46  Nevada pursuant to the program to provide temporary assistance for needy

2-47  families and the program for child care and development, must be provided

2-48  by appropriation by the legislature from the state general fund.

3-1    2.  Disbursements for the purposes of NRS 422.001 to 422.410,

3-2  inclusive, and sections 2 and 3 of this act and NRS 422.580 must be made

3-3  upon claims duly filed, audited and allowed in the same manner as other

3-4  money in the state treasury is disbursed.

3-5    Sec. 5.  This act becomes effective on July 1, 2001.

 

3-6  H