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 closed to public. (BDR 38‑689)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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 closed 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 subsection 4

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

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

1-9  the proceeding in such a manner is in the best interests of the

1-10  child who is the subject of the proceeding. In determining whether

1-11  opening all or part of the proceeding is in the best interests of the

1-12  child who is the subject of the proceeding, the judge or master

1-13  shall consider and give due weight to the desires of that child.

2-1  2.  Unless the judge or master determines pursuant to

2-2  subsection 1 that all or part of a proceeding must be open to the

2-3  general public and except as otherwise provided in NRS 432B.457,

2-4  the general public must be excluded and only those persons having

2-5  a direct interest in the case, as [ordered] determined by the judge or

2-6  master, may be admitted to [any] the proceeding .

2-7  3.  If the judge or master determines pursuant to subsection 1

2-8  that all or part of a proceeding must be open to the general public,

2-9  the judge or master must make specific findings of fact to support

2-10  such a determination.

2-11      4.  In conducting a proceeding held pursuant to NRS 432B.410

2-12  to 432B.590, inclusive[.] , a judge or master shall keep

2-13  information confidential to the extent necessary to obtain federal

2-14  funds in the maximum amount available to this state.

 

2-15  H