Amendment No. 466

 

Assembly Amendment to Assembly Bill No. 273                                                                (BDR 38‑688)

Proposed by: Committee on Judiciary

Amendment Box: Replaces Amendment No. 170.

Resolves Conflicts with: N/A

Amends:         Summary:               Title:               Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend sec. 3, page 2, by deleting lines 7 through 10 and inserting:

     “Sec. 3.  1.  If the plan adopted pursuant to NRS 432B.553 for the permanent placement of a child includes a request for the appointment of a guardian for the child pursuant to sections 4 to 7, inclusive, of this act, a governmental agency, a nonprofit corporation or any interested person, including, without limitation, the agency that adopted the plan may”.

     Amend sec. 3, page 2, line 24, by deleting:

an agency that” and inserting:

a governmental agency, nonprofit corporation or interested person who

     Amend sec. 3, page 2, line 32, by deleting “10” and inserting “20”.

     Amend sec. 4, pages 2 and 3, by deleting lines 36 through 44 on page 2 and lines 1 through 14 on page 3, and inserting:

     “(a) The court finds:

          (1) That the proposed guardian is suitable and is not disqualified from guardianship pursuant to NRS 159.059;

          (2) That the child has been in the custody of the proposed guardian for 6 months or more pursuant to a determination by a court that the child was in need of protection, unless the court waives this requirement for good cause shown;

          (3) Except as otherwise provided in subsection 3, that the proposed guardian has complied with the requirements of chapter 159 of NRS; and

          (4) That the burden of proof set forth in chapter 159 of NRS for the appointment of a guardian for a child has been satisfied;”.

     Amend sec. 4, page 3, by deleting lines 26 and 27 and inserting:

of the child;”.

     Amend sec. 4, page 3, between lines 33 and 34, by inserting:

     “3.  The court may appoint as a guardian for a child pursuant to this section for not more than 6 months a person who does not satisfy the residency requirement set forth in subsection 5 of NRS 159.059 if the court determines that appointing such a person is necessary to facilitate the permanent placement of the child.”.

     Amend sec. 6, page 4, by deleting lines 3 and 4 and inserting:

     “1.  The custody of the child by the agency which has legal custody of the child is terminated;”.

     Amend sec. 6, page 4, by deleting lines 11 and 12 and inserting:

     “(a) The agency which has legal custody of the child; and”.

     Amend sec. 7, page 4, line 16, by deleting “may” and inserting “shall”.

     Amend sec. 7, page 4, by deleting line 22 and inserting:

     “3.  The court shall issue an order directing the appropriate agency which provides child welfare services to file a”.

     Amend sec. 7, page 4, line 28, after “4.” by inserting:

Any motion to enforce, modify or terminate an order concerning a guardianship established pursuant to section 4 of this act must comply with the provisions set forth in chapter 159 of NRS for motions to enforce, modify or terminate orders concerning guardianships.

     5.”.