Senate Bill No. 285–Committee on Judiciary

 

March 7, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Requires district attorney to provide certain information regarding performance of his duties pertaining to child support. (BDR 11‑1344)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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

 

AN ACT relating to child support; requiring the district attorney to provide certain information regarding performance of his duties pertaining to child support; 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. NRS 125B.150 is hereby amended to read as follows:

1-2    125B.150  1.  The district attorney of the county of residence of the

1-3  child, or of a parent, alleged parent or guardian who does not have physical

1-4  custody of the child, shall take such action as is necessary to establish

1-5  parentage of the child and locate and take legal action, including the

1-6  establishment or adjustment of an obligation of support, against a person

1-7  who has a duty to support the child when requested to do so by the parent,

1-8  alleged parent or guardian or a public agency which provides assistance to

1-9  the parent, alleged parent, guardian or child. If the court for cause transfers

1-10  the action to another county, the clerk of the receiving court shall notify the

1-11  district attorney of that county, and that district attorney shall proceed to

1-12  prosecute the cause of action and take such further action as is necessary to

1-13  establish parentage and to establish or adjust the obligation of support and

1-14  to enforce the payment of support pursuant to this chapter or chapter 31A,

1-15  126, 130 or 425 of NRS.

1-16    2.  In a county where the district attorney has deputies to aid him in the

1-17  performance of his duties, the district attorney shall designate himself or a

1-18  particular deputy as responsible for performing the duties imposed by

1-19  subsection 1.

1-20    3.  Except as otherwise provided in NRS 126.101, the district attorney

1-21  and his deputies do not represent the parent, alleged parent, guardian or

1-22  child in the performance of their duties pursuant to this chapter and chapter

1-23  31A, 126, 130 or 425 of NRS, but are rendering a public service as

2-1  representatives of the state. The district attorney or his deputy shall

2-2  inform the parent, alleged parent or guardian, in writing, that, except as

2-3  otherwise provided in NRS 126.101, the district attorney and his deputies

2-4  do not represent any parent, alleged parent, guardian or child in the

2-5  performance of their duties pursuant to this chapter and chapter 31A,

2-6  126, 130 or 425 of NRS, but are rendering a public service as

2-7  representatives of the state.

2-8    4.  Officials of the welfare division of the department of human

2-9  resources are entitled to access to the information obtained by the district

2-10  attorney if that information is relevant to the performance of their duties.

2-11  The district attorney or his deputy shall inform each person who provides

2-12  information pursuant to this section concerning the limitations on the

2-13  confidentiality between lawyer and client under these circumstances.

2-14    5.  Disclosures of criminal activity by a parent or child are not

2-15  confidential.

2-16    6.  The district attorney shall inform each parent who applies for his

2-17  assistance in this regard that a procedure is available to collect unpaid

2-18  support from any refund owed to the parent who has a duty to support the

2-19  child because an excessive amount of money was withheld to pay his

2-20  federal income tax. The district attorney shall submit to the welfare

2-21  division all documents and information it requires to pursue such a

2-22  collection if:

2-23    (a) The applicant is not receiving public assistance.

2-24    (b) The district attorney has in his records:

2-25      (1) A copy of the order of support for a child and any modifications

2-26  of the order which specify their date of issuance and the amount of the

2-27  ordered support;

2-28      (2) A copy of a record of payments received or, if no such record is

2-29  available, an affidavit signed by the custodial parent attesting to the amount

2-30  of support owed; and

2-31      (3) The current address of the custodial parent.

2-32    (c) From the records in his possession, the district attorney has reason to

2-33  believe that the amount of unpaid support is not less than $500.

2-34  Before submitting the documents and information to the welfare division,

2-35  the district attorney shall verify the accuracy of the documents submitted

2-36  relating to the amount claimed as unpaid support and the name and social

2-37  security number of the parent who has a duty to support the child. If the

2-38  district attorney has verified this information previously, he need not

2-39  reverify it before submitting it to the welfare division.

2-40    7.  The welfare division shall adopt such regulations as are necessary to

2-41  carry out the provisions of subsection 6.

 

2-42  H