Assembly Bill No. 25–Committee on Health and Human Services

 

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

 

Prefiled January 29, 2003

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Makes various changes concerning provision of public services for children. (BDR 38‑690)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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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 children; authorizing an agency which provides child welfare services to enter into agreements with certain persons for the provision of maintenance and other services; authorizing an employee of such an agency to provide maintenance and special services to certain children under certain circumstances; providing a penalty; 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 432 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  A child may enter into an agreement with an agency which

1-4  provides child welfare services to continue to receive maintenance

1-5  and special services if the child is enrolled as a student at a

1-6  university, college, trade school or technical school. Such an

1-7  agreement must be approved by a court.

1-8  2.  At intervals specified in the agreement by the agency which

1-9  provides child welfare services, the child must submit to the

1-10  agency which provides child welfare services documentation

1-11  evidencing his enrollment as a student at a university, college,

1-12  trade school or technical school.

2-1  3.  The term of any agreement entered into pursuant to

2-2  subsection 1 must not extend beyond the 22nd birthday of the

2-3  child.

2-4  4.  Subject to the approval of the court, the agreement may be

2-5  terminated by:

2-6  (a) Mutual agreement; or

2-7  (b) The agency which provides child welfare services if the

2-8  child fails to comply with any term or condition in the agreement.

2-9  5.  As used in this section:

2-10      (a) “Child” means a person who is 18 years of age or older but

2-11  less than 22 years of age.

2-12      (b) “Court” has the meaning ascribed to it in NRS 432B.050.

2-13      Sec. 2.  NRS 432.010 is hereby amended to read as follows:

2-14      432.010  As used in this chapter, except as otherwise defined by

2-15  specific statute or unless the context otherwise requires:

2-16      1.  “Administrator” means the Administrator of the Division.

2-17      2.  “Agency which provides child welfare services” has the

2-18  meaning ascribed to it in NRS 432B.030.

2-19      3.  “Child” means a person [less] who is:

2-20      (a) Less than 18 years of age[, or if in school,] ; or

2-21      (b) Eighteen years of age or older and is attending high

2-22  school, until graduation from high school.

2-23      4.  “Division” means the Division of Child and Family Services

2-24  of the Department of Human Resources.

2-25      5.  “Maintenance” means general expenses for care such as

2-26  board, shelter, clothing, transportation and other necessary or

2-27  incidental expenses, or any of them, or monetary payments therefor.

2-28      6.  “Special services” means medical, hospital, psychiatric,

2-29  surgical or dental services, or any combination thereof.

2-30      Sec. 3.  NRS 432.030 is hereby amended to read as follows:

2-31      432.030  [No]

2-32      1.  Except as otherwise provided in subsection 2, an employee

2-33  of an agency which provides child welfare services may , if

2-34  otherwise qualified, provide maintenance and special services [for

2-35  any child except as otherwise provided by specific statute or:

2-36      1.  Upon the request of a child whom the agency which

2-37  provides child welfare services determines to be emancipated;

2-38      2.]  to any child other than a child who:

2-39      (a) Is included as a client in the caseload of the employee at

2-40  the time of the provision of the maintenance or special services; or

2-41      (b) Has been included as a client in the caseload of the

2-42  employee within the 3 years immediately preceding the provision

2-43  of the maintenance or special services.

3-1  2.  An employee of an agency which provides child welfare

3-2  services may provide maintenance and special services to any

3-3  child:

3-4  (a) Pursuant to court order or request; or

3-5  [3.] (b) Upon referral of appropriate law enforcement officials

3-6  for emergency care.

3-7  Sec. 4.  NRS 432.034 is hereby amended to read as follows:

3-8  432.034  Written statements of information required from

3-9  responsible relatives of applicants for or recipients of assistance

3-10  pursuant to NRS 432.010 to 432.085, inclusive, and section 1 of

3-11  this act need not be under oath, but any person who signs such a

3-12  statement and willfully states therein as true any material matter

3-13  which he knows to be false is guilty of perjury which is a category

3-14  D felony and shall be punished as provided in NRS 193.130.

3-15      Sec. 5.  NRS 432.037 is hereby amended to read as follows:

3-16      432.037  1.  The Trust Fund for Child Welfare is hereby

3-17  created. All benefits for survivors or other awards payable to

3-18  children receiving child welfare services pursuant to NRS 432.010

3-19  to 432.085, inclusive, and section 1 of this act, in a county whose

3-20  population is less than 100,000 must be deposited in the State

3-21  Treasury for credit to the Fund.

3-22      2.  The Division shall:

3-23      (a) Keep a separate account for each child who receives money.

3-24      (b) Deduct from the account any services to the child provided

3-25  by public money. Any surplus remaining may be expended for

3-26  extraordinary items deemed beneficial to the child.

3-27      (c) Remit any surplus balance to the parent or legal guardian of

3-28  the child, or to the child if he is emancipated or has reached the age

3-29  of 18 years, when the Division is no longer legally responsible for

3-30  him[.] unless the child has entered into an agreement with an

3-31  agency which provides child welfare services pursuant to section 1

3-32  of this act.

3-33      3.  The Division shall pay interest to each child’s separate

3-34  account maintained in the Trust Fund for Child Welfare at the end

3-35  of each interest period. Interest must be paid at a rate equal to the

3-36  average of the interest rates quoted by at least three banking

3-37  institutions for interest-bearing savings accounts of $3,000 or less

3-38  on the first day of each interest period. Interest must be paid on the

3-39  child’s account commencing with the first interest period that the

3-40  Division is legally responsible for the child. Interest must not be

3-41  paid for the interest period during which the child ceases to be the

3-42  legal responsibility of the Division.

3-43      4.  All benefits for survivors or other awards payable to

3-44  children receiving child welfare services in a county whose

3-45  population is 100,000 or more pursuant to NRS 432.010 to 432.085,

4-1  inclusive, or section 1 of this act, must be deposited in the trust

4-2  fund for child welfare established in the county treasury. A

4-3  disbursement from the benefits for survivors or other awards of a

4-4  child which is deposited in the fund may be made to the agency

4-5  which provides child welfare services for any child welfare services

4-6  provided to the child with public money.

4-7  5.  As used in this section, “interest period” means that period

4-8  not less frequent than quarterly, as determined by the State

4-9  Treasurer, for which interest must be paid.

4-10      Sec. 6.  NRS 432.085 is hereby amended to read as follows:

4-11      432.085  1.  [The] Except as otherwise provided in subsection

4-12  6, the parents of a child placed in the custody of an agency which

4-13  provides child welfare services pursuant to the provisions of NRS

4-14  62.880 or 432.010 to 432.085, inclusive, or chapter 432B of NRS

4-15  are liable to the agency which provides child welfare services for the

4-16  cost of maintenance and special services provided to the child.

4-17      2.  The Division shall establish by regulation reasonable

4-18  schedules for the repayment of money owed by parents pursuant to

4-19  subsection 1.

4-20      3.  An agency which provides child welfare services may waive

4-21  all or any part of the amount due pursuant to this section if it

4-22  determines that the parents of the child do not have the ability to pay

4-23  the amount.

4-24      4.  If a parent refuses to pay an agency which provides child

4-25  welfare services for money owed under this section, the agency

4-26  which provides child welfare services may bring a civil action to

4-27  recover all money owed with interest thereon at the rate of 7 percent

4-28  per year commencing 30 days after an itemized statement of the

4-29  amount owed is submitted to the parents.

4-30      5.  All money collected pursuant to this section must be

4-31  deposited:

4-32      (a) In a county whose population is less than 100,000, with the

4-33  State Treasurer for credit to the State Child Welfare Services

4-34  Account.

4-35      (b) In a county whose population is 100,000 or more, with the

4-36  county treasurer for credit to a fund or account established by the

4-37  board of county commissioners.

4-38      6.  The parents of a child who has entered in to an agreement

4-39  with an agency which provides child welfare services pursuant to

4-40  section 1 of this act are not liable to the agency which provides

4-41  child welfare services for the cost of maintenance and special

4-42  services provided to the child.

4-43      Sec. 7.  This act becomes effective on July 1, 2003.

 

4-44  H