Assembly Bill No. 132–Committee on Judiciary

 

(On Behalf of Legislative Committee on Children,
Youth and Families (NRS 218.53723))

 

February 14, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides that proceedings concerning abuse or neglect of children are presumptively open to public. (BDR 38‑689)

 

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 the protection of children; providing that proceedings concerning the abuse or neglect of children are presumptively open to the public; 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 432B.430 is hereby amended to read as

1-2  follows:

1-3  432B.430  1.  Except as otherwise provided in NRS 432B.457

1-4  and subsection 3, any proceeding held pursuant to NRS 432B.410

1-5  to 432B.590, inclusive, must be open to the general public unless

1-6  the judge or master, upon his own motion or upon the motion of

1-7  another person, determines that all or part of the proceeding must

1-8  be closed to the general public because such closure is in the best

1-9  interests of the child who is the subject of the proceeding. In

1-10  determining whether closing all or part of the proceeding is in the

1-11  best interests of the child who is the subject of the proceeding, the

1-12  judge or master must consider and give due weight to the desires

1-13  of that child.

2-1  2.  If the judge or master determines pursuant to subsection 1

2-2  that all or part of a proceeding must be closed to the general

2-3  public:

2-4  (a) The judge or master must make specific findings of fact to

2-5  support such a determination; and

2-6  (b) Except as otherwise provided in NRS 432B.457, the general

2-7  public must be excluded and only those persons having a direct

2-8  interest in the case, as [ordered] determined by the judge or master,

2-9  may be admitted to [any] the proceeding .

2-10      3.  In conducting a proceeding held pursuant to NRS 432B.410

2-11  to 432B.590, inclusive[.] , a judge or master shall keep

2-12  information confidential to the extent necessary to obtain federal

2-13  funds in the maximum amount available to this state.

 

2-14  H