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 certain 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 certain 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 subsections 3

1-4  and 4 and NRS 432B.457, any proceeding held pursuant to NRS

1-5  432B.410 to 432B.590, inclusive, must be open to the general

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

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

1-8  proceeding must be closed to the general public because such

1-9  closure is in the best interests of the child who is the subject of the

1-10  proceeding. In determining whether closing all or part of the

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

1-12  the proceeding, the judge or master must consider and give due

1-13  weight to the desires 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.  Except as otherwise provided in subsection 4 and

2-11  NRS 432B.457:

2-12      (a) In a proceeding held pursuant to NRS 432B.470, the

2-13  general public must be excluded and only those persons having a

2-14  direct interest in the case, as determined by the judge or master,

2-15  may be admitted to the proceeding.

2-16      (b) Except for a hearing held pursuant to subsection 5 of NRS

2-17  432B.530 when the court does not proceed immediately, any

2-18  proceeding held pursuant to NRS 432B.530 must be closed to the

2-19  general public unless the judge or master, upon his own motion or

2-20  upon the motion of another person, determines that all or part of

2-21  the proceeding must be open to the general public because

2-22  opening the proceeding in such a manner is in the best interests of

2-23  the child who is the subject of the proceeding. In determining

2-24  whether opening all or part of the proceeding is in the best

2-25  interests of the child who is the subject of the proceeding, the

2-26  judge or master must consider and give due weight to the desires

2-27  of that child. If the judge or master determines pursuant to this

2-28  paragraph that all or part of a proceeding must be open to the

2-29  general public, the judge or master must make specific findings of

2-30  fact to support such a determination.

2-31      4.  In conducting a proceeding held pursuant to NRS 432B.410

2-32  to 432B.590, inclusive[.] , a judge or master shall keep

2-33  information confidential to the extent necessary to obtain federal

2-34  funds in the maximum amount available to this state.

 

2-35  H