Pro Bono Attorney CAP Manual Appendix A Revisions Nevada Statutes

Transcription

1 Pro Bono Attorney CAP Manual Appendix A Revisions Nevada Statutes Summary of Revisions... Page 1 SB Page 6 SB Page 15 SB Page 20 SB Page 32 AB Page 39 AB Page 58 AB Page 59 AB Page 69

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3 Summary of Revisions Appendix A Nevada Statutes Chapter 432B Protection of Children from Abuse and Neglect Senate Bill No. 58 NRS 432B.290 Senate Bill No. 58 Revises provisions concerning the release of certain information relating to child welfare services. SB 58 amends NRS 432B.290. Existing law makes it a gross misdemeanor for certain persons to disseminate or make public information relating to child welfare services. (NRS 432B.290). Section 1.5 of SB 58 revises the list of persons who may disseminate or make public such information and the circumstances under which the information may be released. Effective July 1, 2015 Senate Bill No. 148 NRS 432B.520 and NRS 432B.580 Senate Bill No. 148 Revises requirements concerning service of a summons to a hearing on a petition that a child is in need of protection. SB 148 amends NRS 432B.520 and NRS 432B.580. Existing law requires a court to hold an adjudicatory hearing within 30 days of the filing of a petition that a child who was removed from his or her home is in need of protection. (NRS 432B.530). Before such a hearing, the court is required to issue a summons to the person who has custody or control of the child. If this person is not the parent or guardian of the child, the summons must also be issued to the parent or guardian of the child. If the person summoned resides in this State, the summons must be served personally. If the person cannot be found in this State or does not reside in this State, the summons must be served by registered or certified mail. If the child is a newborn and was delivered to a provider of emergency services and the location of the parent is unknown, the summons must be served by publication. (NRS 432B.520). Except when a newborn child is delivered to a provider of emergency services and the location of the parent is unknown, this bill requires the summons to be served personally or by registered or certified mail, regardless of whether the person resides within or outside of this State Effective October 1, 2015 Senate Bill No. 262 NRS 432B.4665 Senate Bill No. 262 Revises provisions relating to guardians. SB No. 262 amends NRS 432B Section 6.3 of SB 262 eliminates existing limitations on the authority of a court to appoint a nonresident as a guardian for a minor ward. Effective July 1, 2015 Page 1

4 Senate Bill No. 303 NRS 432B.330 Senate Bill No. 303 Revises provisions relating to the circumstances under which a child is considered to be in need of protection. SB 303 amends 432B.330. Existing law sets forth the circumstances under which a child is or may be in need of protection. (NRS 432B.330). Those circumstances are considered, without limitation, by: (1) an agency which provides child welfare services to determine whether to file a petition in juvenile court alleging that a child is in need of protection; and (2) the juvenile court in an adjudicatory hearing to determine whether a child was in need of protection at the time the child was removed from the home. (NRS 62A.180, 432B.050, 432B.340, 432B.410, 432B.490, 432B.510, 432B.530) Under existing law, a child may be in need of protection if the person responsible for the welfare of the child is responsible for the abuse or neglect of another child who resided with that person. (NRS 432B.330). Section 1 of SB 303 provides that a child is, rather than may be, in need of protection if the child is in the care of a person responsible for the welfare of the child and another child has been subjected to abuse by that person, unless the person has successfully completed a plan for services that was recommended by an agency which provides child welfare services to address the abuse of the other child. Section 1 also provides that a child may be in need of protection if the child is in the care of a person responsible for the welfare of the child and another child has been subjected to abuse by that person, regardless of whether the person has successfully completed such a plan for services. Effective July 1, 2015 Assembly Bill No. 49 NRS 432B.140 Assembly Bill No. 49 Revises the definition of negligent treatment or maltreatment. AB 49 amends NRS 432B.140. Effective October 1, 2015 Assembly Bill No. 52 NRS 432B.130 Assembly Bill No. 52 Revises provisions concerning the persons responsible for a child s welfare. AB 52 amends NRS 432B.130. Existing law specifies when a person is responsible for a child s welfare. (NRS 432B.130) This bill clarifies that a public or private home, institution or facility is responsible for a child s welfare if the child resides or receives care at the home, institution or facility. Effective October 1, 2015 Assembly Bill No. 324 NRS 432B.165, NRS 432B.190, and NRS 432B.590 Assembly Bill No. 324 Revises provisions relating to child welfare. AB 324 amends NRS 432B.165, NRS 432B.190, and NRS 432B.590. Existing federal law requires a state agency that receives information concerning a missing or abducted child, who has been placed in the custody of the agency, to report the information immediately to the National Center for Missing and Exploited Children and the National Crime Information Center database established by the Federal Page 2

5 Bureau of Investigation. (Preventing Sex Trafficking and Strengthening Families Act, Pub. L. No , 104). Section 4 of AB 324, includes this requirement in state law. (NRS 432B.165). Existing federal law requires a state to develop and carry out specific protocols concerning children who have run away from foster care in order to receive certain federal funds. (42 U.S.C. 671(a)(35)). Section 5 of AB 324 requires the Division of Child and Family Services of the Department of Health and Human Services to adopt regulations to implement such protocols. (NRS 432B.190). Existing federal law that becomes effective on September 29, 2015, prohibits the placement of a child who is under 16 years of age in a permanent placement other than with the parent of the child, the adoption of the child or referral of the child for legal guardianship. (Preventing Sex Trafficking and Strengthening Families Act, Pub. L. No , 112). Section 6 of AB 324 authorizes an agency which provides child welfare services that has custody of a child who is 16 years of age or older to present evidence at a permanency hearing that there is a compelling reason for placing such a child in a different permanent living arrangement. (NRS 432B.590). Existing federal law requires a judge at a permanency hearing to: (1) ask the child about his or her desired permanency outcome; (2) if the judge determines that another permanency outcome is better for the child, to explain why; and (3) if the judge determines that it is not in the best interests of the child to return home, be placed for adoption or be placed with a legal guardian or relative, provide compelling reasons for that determination. (42 U.S.C. 675a(a)(2)). Existing state law requires a judge at a permanency hearing to prepare an explicit statement of the facts upon which he or she based his or her determination regarding the best interests of the child. Section 6 revises this requirement to meet the federal requirements. (NRS 432B.590). Effective July 1, 2015 Chapter 128 Termination of Parental Rights Senate Bill No. 303 NRS , NRS , and NRS Senate Bill No. 303 Revises provisions concerning proceedings related to the termination of parental rights. SB 303 amends , NRS , and NRS Existing law sets forth the grounds necessary to terminate parental rights, including, without limitation, conduct of a parent or parents that demonstrates a risk of serious physical, mental or emotional injury to the child if the child were returned to, or remains in, the home of his or her parent or parents. (NRS ). Section 3 of SB 303 requires a court to consider certain factors if the child has been out of the care of his or her parent or guardian for at least 12 consecutive months, before making a finding that parental conduct satisfies that provision. Section 4 revises the conditions a court is required to consider in determining neglect by or unfitness of a parent for the purpose of proceedings regarding the termination of parental rights. Effective July 1, Page 3

6 Assembly Bill No. 151 Chapter 127 Adoption of Children and Adults Assembly Bill No. 151 Revises provisions relating to the adoption of children. AB 151 amends NRS , NRS , and NRS Under existing law, certain restrictions relating to the respective ages of a child and a prospective adoptive parent for adoption purposes are imposed the adopting parent must be at least 10 years older than the person adopted. (NRS ). Section 1 of AB 151 provides that a court may disregard those age restrictions if the prospective adoptive parent is a certain family member of the child and it is in the best interest of the child and in the interest of the public. Existing law prohibits the grant of a petition for leave to adopt a child by a married person if the person s spouse does not consent to and join in the petition. (NRS ). Section 2 provides that a married person must obtain from his or her spouse consent to an adoption, but a spouse who consents will not have any parental rights or responsibilities or be named as an adoptive parent in an order or decree of adoption except under certain circumstances. Under existing law, a court is required to grant a petition for the adoption of a child if the court finds that it is in the best interest of the child. However, an order or decree of adoption may not be made until after the child has lived for 6 months in the home of the petitioners. (NRS ). Section 3 provides that the 6month requirement does not apply if one of the petitioners is the stepparent of the child or is related to the child within the third degree of consanguinity. Effective October 1, Senate Bill No. 262 Chapter 159 Guardianships Senate Bill No. 262 Revises provisions relating to guardians. SB No. 262 amends Chapter 159 of NRS. Existing law provides for the appointment, qualifications and duties of guardians for certain minor and adult wards. (Chapter 159 of NRS). Existing law prohibits a nonresident of Nevada from being appointed as a guardian for a minor or adult ward unless the person has associated a coguardian who is a resident of Nevada or a banking corporation whose principal place of business is in Nevada. (NRS ). Existing law also gives preference to certain persons to be appointed as a guardian for a minor ward but does not give preference to any persons to be appointed as a guardian for an adult ward. (NRS ) Sections 1 and 6.7 of SB 262 revise the circumstances under which a court is authorized to appoint a nonresident as a guardian for an adult ward. Section 6.3 eliminates existing limitations on the authority of a court to appoint a nonresident as a guardian for a minor ward. Section 1 also requires the court to give preference in appointing a guardian for an adult ward to the following persons in the following order, whether or not the person is a nonresident: (1) a nominated person, who is a person the adult ward specifically nominated or requested as a guardian in a will, trust or other written document executed by the adult ward while competent; or (2) a relative. If two or more nominated persons are qualified and suitable to be appointed as a guardian, section 1 authorizes the court to appoint two or more coguardians or generally requires the court to give preference to Page 4

7 the nominated person named in a will, trust or other written document that is part of the adult s established estate plan, but there are certain exceptions for extraordinary circumstances. In selecting a guardian, section 1 does not allow the court to give preference to a resident over a nonresident if the court determines that the nonresident would be a more qualified and suitable guardian and the adult would receive continuing care and supervision under the guardianship of the nonresident. If the court selects a nonresident guardian, section 1 requires the court to order the nonresident guardian to designate a registered agent in this State. Section 2.3 revises the existing list of persons who are preferred for appointment as a guardian to a minor to include any person recommended by: (1) an agency which provides child welfare services, an agency which provides child protective services or a similar agency; or (2) a guardian ad litem or court appointed special advocate who represents the minor. Sections and 6.3, make conforming changes to reflect the changes made by the other sections of this bill. Existing law provides that a ward is eligible to have a public guardian appointed as his or her permanent or general individual guardian if: (1) there is no relative or friend able and willing to be appointed as a guardian for the ward; or (2) the court removes a private professional guardian previously appointed for the ward. (NRS ) Section 3 provides for the appointment of a public guardian for an incompetent adult who failed to nominate a person for appointment as guardian while he or she was still competent or if the nominated person is not suitable or willing to serve as guardian. Effective July 1, 2015 Page 5

8 Senate Bill No. 58 Committee on Judiciary CHAPTER... AN ACT relating to children; revising provisions concerning the release of certain information relating to a child subject to the jurisdiction of the juvenile court; revising provisions concerning the release of certain information relating to child welfare services; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel s Digest: Existing law authorizes directors of juvenile services and the Chief of the Youth Parole Bureau, or his or her designee, to release, upon written request and good cause shown, certain information concerning a child who is within the purview of the juvenile court to certain other persons involved in the juvenile justice system. (NRS 62H.025) Section 1 of this bill specifies that juvenile justice information is confidential and may only be released under certain circumstances. Section 1 also revises: (1) the information that may be released; (2) the list of persons to whom the information may be released; and (3) the circumstances under which the information may be released. Section 1 further eliminates the requirement that a request for such information be in writing and revises from 3 days to 5 business days the period in which a denial of a request for the release of the information must be made to the person who requested the information. Finally, section 1 makes it a gross misdemeanor for certain persons to disseminate or make public juvenile justice information. Existing law makes it a gross misdemeanor for certain persons to disseminate or make public information relating to child welfare services. (NRS 432B.290) Section 1.5 of this bill revises the list of persons who may disseminate or make public such information and the circumstances under which the information may be released. EXPLANATION Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 62H.025 is hereby amended to read as follows: 62H Juvenile justice information [must be maintained in accordance with federal law, and any provision of federal law authorizing the release of juvenile justice information must be construed as broadly as possible in favor of the release of juvenile justice information.] is confidential and may only be released in accordance with the provisions of this section or as expressly authorized by other federal or state law. 2. For the purpose of ensuring the safety, permanent placement, rehabilitation, educational success and wellbeing of a child [,] or the safety of the public, a [director of] juvenile [services Page 6

9 2 or the Chief of the Youth Parole Bureau, or his or her designee,] justice agency may [, upon written request and good cause shown, share appropriate] release juvenile justice information [with:] to: (a) A director of juvenile services or his or her designee; (b) The Chief of the Youth Parole Bureau or his or her designee; (c) A district attorney or his or her designee; (d) An attorney representing the child; (e) The director of a state agency which administers juvenile justice or his or her designee; (f) A director of a state, regional or local facility for the detention of children or his or her designee; (g) The director of an agency which provides child welfare services or his or her designee; (h) A guardian ad litem or court appointed special advocate who represents the child; (i) A parent or guardian of the child ; [if the release of the information to the parent or guardian is consistent with the purposes of this section; or] (j) The child to whom the juvenile justice information pertains if the child has reached the age of majority [.], or a person who presents a release that is signed by the child who has reached the age of majority and which specifies the juvenile justice information to be released and the purpose for the release; (k) A school district, if the juvenile justice agency and the school district have entered into a written agreement to share juvenile justice information for a purpose consistent with the purposes of this section; (l) A person or organization who has entered into a written agreement with the juvenile justice agency to provide assessments or juvenile justice services; (m) A person engaged in bona fide research that may be used to improve juvenile justice services or secure additional funding for juvenile justice services if the juvenile justice information is provided in the aggregate and without any personal identifying information; or (n) A person who is authorized by a court order to receive the juvenile justice information, if the juvenile justice agency was provided with notice and opportunity to be heard before the issuance of the order. 3. [A written request for juvenile justice information pursuant to subsection 2 may be made only for the purpose of determining the appropriate placement of the child pursuant to the provisions of chapter 432B of NRS, the appropriate treatment or services to be Page 7

10 3 provided to the child or the appropriate conditions of probation or parole to be imposed on the child. The written request must state the reason that the juvenile justice information is requested. A written] A juvenile justice agency may deny a request for juvenile justice information [may be refused] if: (a) The request does not, in accordance with the purposes of this section, demonstrate good cause for the release of the information; or (b) The release of the information would cause material harm to the child or would prejudice any court proceeding to which the child is subject. A [refusal] denial pursuant to this subsection must be made in writing to the person [or entity] requesting the information not later than [3] 5 business days after receipt of the request. [, excluding Saturdays, Sundays and holidays. 4. Any juvenile justice information provided pursuant to this section is confidential, must be provided only to those persons listed in subsection 2 and must be maintained in accordance with any applicable laws and regulations. 5.] 4. Any juvenile justice information provided pursuant to this section may not be used to deny a child access to any service for which the child would otherwise be eligible, including, without limitation: (a) Educational services; (b) Social services; (c) Mental health services; (d) Medical services; or (e) Legal services. [6. A director of juvenile services or the Chief of the Youth Parole Bureau, or his or her designee, may release juvenile justice information: (a) In the aggregate and without personal identifying information included, to a person engaged in bona fide research that may be used to improve juvenile justice services or secure additional funding for juvenile justice services. (b) As deemed necessary by a legislative body of this State or a local government in this State to conduct an audit or proper oversight of any department, agency or office providing services related to juvenile justice. 7.] 5. Except as otherwise provided in this subsection, any person who is provided with juvenile justice information pursuant to this section and who further disseminates the information or Page 8

11 4 makes the information public is guilty of a gross misdemeanor. This subsection does not apply to: (a) A district attorney who uses the information solely for the purpose of initiating legal proceedings; or (b) A person or organization described in subsection 2 who provides a report concerning juvenile justice information to a court or other party pursuant to this title or chapter 432B of NRS. 6. As used in this section [, juvenile] : (a) Juvenile justice agency means the Youth Parole Bureau or a director of juvenile services. (b) Juvenile justice information means any information [maintained by a director of juvenile services or the Chief of the Youth Parole Bureau, or his or her designee,] which is directly related to a child in need of supervision, a delinquent child or any other child who is otherwise subject to the jurisdiction of the juvenile court. Sec NRS 432B.290 is hereby amended to read as follows: 432B Information maintained by an agency which provides child welfare services must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State. 2. Except as otherwise provided in this section and NRS 432B.165, 432B.175 and 432B.513, information maintained by an agency which provides child welfare services may, at the discretion of the agency which provides child welfare services, be made available only to: (a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected; (b) A person authorized to place a child in protective custody, if the person has before him or her a child who the person has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody; (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of: (1) The child; or (2) The person responsible for the welfare of the child; (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child; Page 9

12 5 (e) Except as otherwise provided in paragraph (f), a court other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it; (f) A court as defined in NRS to determine whether a guardian or successor guardian of a child should be appointed pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive; (g) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person; (h) The attorney and the guardian ad litem of the child, if the information is reasonably necessary to promote the safety, permanency and wellbeing of the child; (i) A person who files or intends to file a petition for the appointment of a guardian or successor guardian of a child pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and wellbeing of the child; (j) The proposed guardian or proposed successor guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and wellbeing of the child; (k) A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business; (l) A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect; (m) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services; (n) A team organized pursuant to NRS 432B.350 for the protection of a child; (o) A team organized pursuant to NRS 432B.405 to review the death of a child; Page 10

13 6 (p) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, including, without limitation, the parent or guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and wellbeing of the child and is limited to information concerning that parent or guardian; (q) The child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if: (1) The child is 14 years of age or older; and (2) The identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and wellbeing of the child; (r) The persons or agent of the persons who are the subject of a report, if the information is reasonably necessary to promote the safety, permanency and wellbeing of the child and is limited to information concerning those persons; (s) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child; (t) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if: (1) The identity of the person making the report is kept confidential; and (2) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have committed the abuse or neglect; (u) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS in making a presentence investigation and report to the district court or pursuant to NRS in making a general investigation and report; (v) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency; (w) The Rural Advisory Board to Expedite Proceedings for the Placement of Children created pursuant to NRS 432B.602 or a local Page 11

14 7 advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604; (x) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services; (y) An employer in accordance with subsection 3 of NRS ; (z) A team organized or sponsored pursuant to NRS or to review the death of the victim of a crime that constitutes domestic violence; or (aa) The Committee to Review Suicide Fatalities created by NRS An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child: (a) A copy of: (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect or any collateral sources and reporting parties. 4. Except as otherwise provided by subsection 6, before releasing any information maintained by an agency which provides child welfare services pursuant to this section, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who reports child abuse or neglect and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged abuse or neglect of a child or the life or safety of any person. 5. The provisions of this section must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation. Page 12

15 8 6. A person who is the subject of an unsubstantiated report of child abuse or neglect made pursuant to this chapter and who believes that the report was made in bad faith or with malicious intent may petition a district court to order the agency which provides child welfare services to release information maintained by the agency which provides child welfare services. The petition must specifically set forth the reasons supporting the belief that the report was made in bad faith or with malicious intent. The petitioner shall provide notice to the agency which provides child welfare services so that the agency may participate in the action through its counsel. The district court shall review the information which the petitioner requests to be released and the petitioner shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report was made in bad faith or with malicious intent and that the disclosure of the identity of the person who made the report would not be likely to endanger the life or safety of the person who made the report, the court shall provide a copy of the information to the petitioner and the original information is subject to discovery in a subsequent civil action regarding the making of the report. 7. If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law. 8. Pursuant to this section, a person may authorize the release of information maintained by an agency which provides child welfare services about himself or herself, but may not waive the confidentiality of such information concerning any other person. 9. An agency which provides child welfare services may provide a summary of the outcome of an investigation of the alleged abuse or neglect of a child to the person who reported the suspected abuse or neglect. 10. [Any] Except as otherwise provided in this subsection, any person [, except for:] who is provided with information maintained by an agency which provides child welfare services and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to: (a) A district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings; [or] (b) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and Page 13

16 9 report to the district court pursuant to NRS or making a general investigation and report pursuant to NRS [, who is provided with information maintained by an agency which provides child welfare services and further disseminates this information, or who makes this information public, is guilty of a gross misdemeanor.] ; or (c) An employee of a juvenile justice agency who provides the information to the juvenile court. 11. An agency which provides child welfare services may charge a fee for processing costs reasonably necessary to prepare information maintained by the agency which provides child welfare services for release pursuant to this section. 12. An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of this section. 13. As used in this section, juvenile justice agency means the Youth Parole Bureau or a director of juvenile services. Sec. 2. (Deleted by amendment.) Sec. 3. This act becomes effective on July 1, ~~~~~ 15 Page 14

17 Senate Bill No. 148 Committee on Health and Human Services CHAPTER... AN ACT relating to child welfare; revising requirements concerning service of a summons to a hearing on a petition that a child is in need of protection; and providing other matters properly relating thereto. Legislative Counsel s Digest: Existing law requires a court to hold an adjudicatory hearing within 30 days of the filing of a petition that a child who was removed from his or her home is in need of protection. (NRS 432B.530) As a result of such a hearing, the court may return the child to the custody of his or her parent or guardian or place the child in the temporary custody of a relative, a fictive kin, another suitable person or certain public or private agencies or institutions. (NRS 432B.550) Before such a hearing, the court is required to issue a summons to the person who has custody or control of the child. If this person is not the parent or guardian of the child, the summons must also be issued to the parent or guardian of the child. If the person summoned resides in this State, the summons must be served personally. If the person cannot be found in this State or does not reside in this State, the summons must be served by registered or certified mail. If the child is a newborn and was delivered to a provider of emergency services and the location of the parent is unknown, the summons must be served by publication. (NRS 432B.520) Except when a newborn child is delivered to a provider of emergency services and the location of the parent is unknown, this bill requires the summons to be served personally or by registered or certified mail, regardless of whether the person resides within or outside of this State. EXPLANATION Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 432B.520 is hereby amended to read as follows: 432B After a petition has been filed, the court shall direct the clerk to issue a summons requiring the person who has custody or control of the child to appear personally and bring the child before the court at a time and place stated in the summons. If the person so summoned is other than a parent or guardian of the child, then the parent or guardian, or both, must also be notified by a similar summons of the pendency of the hearing and of the time and place appointed. 2. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the court, is necessary. Page 15

18 2 3. Each summons must include notice of the right of parties to counsel at the adjudicatory hearing. A copy of the petition must be attached to each summons. 4. [If the:] Except as provided in subsection 5, the summons must be served by: (a) [Person summoned resides in this state, the summons must be served personally;] Personal service of a written notice; or (b) [Person summoned cannot be found within this state or does not reside in this state, the summons must be mailed by registered] Registered or certified mail to the last known address of the person. [; or (c) Child] 5. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of the parent is unknown, the summons must be served on the parent by publication at least once a week for 3 consecutive weeks in a newspaper published in the county and if no such newspaper is published, then a newspaper published in this state that has a general circulation in the county. The failure of the parent to appear in the action after the service of summons on the parent pursuant to this paragraph shall be deemed to constitute a waiver by the parent of any further notice of the proceedings that would otherwise be required pursuant to this chapter. [5.] 6. If it appears that the child is in such condition or surroundings that the welfare of the child requires that custody be immediately assumed by the court, the court may order, by endorsement upon the summons, that the person serving it shall at once deliver the child to an agency which provides child welfare services in whose custody the child must remain until the further order of the court. [6.] 7. If the summons cannot be served or the person who has custody or control of the child fails to obey it, or: (a) In the judge s opinion, the service will be ineffectual or the welfare of the child requires that the child be brought forthwith into the custody of the court; or (b) A person responsible for the child s welfare has absconded with the child or concealed the child from a representative of an agency which provides child welfare services, the court may issue a writ for the attachment of the child s person, commanding a law enforcement officer or a representative of an agency which provides child welfare services to place the child in protective custody. Page 16

19 3 Sec. 2. NRS 432B.580 is hereby amended to read as follows: 432B Except as otherwise provided in this section and NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually, and within 90 days after a request by a party to any of the prior proceedings. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes: (a) An evaluation of the progress of the child and the family of the child and any recommendations for further supervision, treatment or rehabilitation. (b) Information concerning the placement of the child in relation to the child s siblings, including, without limitation: (1) Whether the child was placed together with the siblings; (2) Any efforts made by the agency to have the child placed together with the siblings; (3) Any actions taken by the agency to ensure that the child has contact with the siblings; and (4) If the child is not placed together with the siblings: (I) The reasons why the child is not placed together with the siblings; and (II) A plan for the child to visit the siblings, which must be approved by the court. (c) A copy of an academic plan developed for the child pursuant to NRS , or (d) A copy of any explanations regarding medication that has been prescribed for the child that have been submitted by a foster home pursuant to NRS Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the parent has not appeared in the action, the report need not be sent to that parent. 4. After a plan for visitation between a child and the siblings of the child submitted pursuant to subparagraph (4) of paragraph (b) of subsection 2 has been approved by the court, the agency which provides child welfare services must request the court to issue an Page 17

20 4 order requiring the visitation set forth in the plan for visitation. If a person refuses to comply with or disobeys an order issued pursuant to this subsection, the person may be punished as for a contempt of court. 5. The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it. 6. Except as otherwise provided in this subsection and [paragraph (c) of] subsection [4] 5 of NRS 432B.520, notice of the hearing must be given by registered or certified mail to: (a) All the parties to any of the prior proceedings; (b) Any persons planning to adopt the child; (c) A sibling of the child, if known, who has been granted a right to visitation of the child pursuant to NRS and his or her attorney, if any; and (d) Any other relatives of the child or providers of foster care who are currently providing care to the child. 7. The notice of the hearing required to be given pursuant to subsection 6: (a) Must include a statement indicating that if the child is placed for adoption the right to visitation of the child is subject to the provisions of NRS ; (b) Must not include any confidential information described in NRS ; and (c) Need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 6 a right to be heard at the hearing. 9. The court or panel shall review: (a) The continuing necessity for and appropriateness of the placement; (b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540; (c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; and (d) The date the child may be returned to, and safely maintained in, the home or placed for adoption or under a legal guardianship. 10. The provision of notice and a right to be heard pursuant to this section does not cause any person planning to adopt the child, Page 18

21 5 any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing. 20 ~~~~~ 15 Page 19

22 * Senate Bill No. 262 Senators Harris, Farley, Denis; Goicoechea, Gustavson, Lipparelli, Manendo, Segerblom and Settelmeyer Joint Sponsors: Assemblymen Stewart, Nelson, Silberkraus, O Neill, Seaman; Elliot Anderson, Fiore, Gardner, Jones, Trowbridge and Woodbury CHAPTER... AN ACT relating to guardians; adding provisions governing the appointment of certain preferred persons as guardians for adult wards; revising provisions relating to the appointment of a guardian for a minor; revising requirements governing eligibility to utilize a public guardian; and providing other matters properly relating thereto. Legislative Counsel s Digest: Existing law provides for the appointment, qualifications and duties of guardians for certain minor and adult wards. (Chapter 159 of NRS) Existing law prohibits a nonresident of Nevada from being appointed as a guardian for a minor or adult ward unless the person has associated a coguardian who is a resident of Nevada or a banking corporation whose principal place of business is in Nevada. (NRS ) Existing law also gives preference to certain persons to be appointed as a guardian for a minor ward but does not give preference to any persons to be appointed as a guardian for an adult ward. (NRS ) Sections 1 and 6.7 of this bill revise the circumstances under which a court is authorized to appoint a nonresident as a guardian for an adult ward. Section 6.3 eliminates existing limitations on the authority of a court to appoint a nonresident as a guardian for a minor ward. Section 1 also requires the court to give preference in appointing a guardian for an adult ward to the following persons in the following order, whether or not the person is a nonresident: (1) a nominated person, who is a person the adult ward specifically nominated or requested as a guardian in a will, trust or other written document executed by the adult ward while competent; or (2) a relative. If two or more nominated persons are qualified and suitable to be appointed as a guardian, section 1 authorizes the court to appoint two or more coguardians or generally requires the court to give preference to the nominated person named in a will, trust or other written document that is part of the adult s established estate plan, but there are certain exceptions for extraordinary circumstances. In selecting a guardian, section 1 does not allow the court to give preference to a resident over a nonresident if the court determines that the nonresident would be a more qualified and suitable guardian and the adult would receive continuing care and supervision under the guardianship of the nonresident. If the court selects a nonresident guardian, section 1 requires the court to order the nonresident guardian to designate a registered agent in this State. Section 2.3 of this bill revises the existing list of persons who are preferred for appointment as a guardian to a minor to include any person recommended by: (1) an agency which provides child welfare services, an agency which provides child protective services or a similar agency; or (2) a guardian ad litem or court appointed special advocate who represents the minor. Page 20

23 2 Sections and 6.3 of this bill make conforming changes to reflect the changes made by the other sections of this bill. Existing law provides that a ward is eligible to have a public guardian appointed as his or her permanent or general individual guardian if: (1) there is no relative or friend able and willing to be appointed as a guardian for the ward; or (2) the court removes a private professional guardian previously appointed for the ward. (NRS ) Section 3 of this bill provides for the appointment of a public guardian for an incompetent adult who failed to nominate a person for appointment as guardian while he or she was still competent or if the nominated person is not suitable or willing to serve as guardian. EXPLANATION Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows: 1. Except as otherwise provided in subsection 3, in a proceeding to appoint a guardian for an adult, the court shall give preference to a nominated person or relative, in that order of preference: (a) Whether or not the nominated person or relative is a resident of this State; and (b) If the court determines that the nominated person or relative is qualified and suitable to be appointed as guardian for the adult. 2. In determining whether any nominated person, relative or other person listed in subsection 4 is qualified and suitable to be appointed as guardian for an adult, the court shall consider, if applicable and without limitation: (a) The ability of the nominated person, relative or other person to provide for the basic needs of the adult, including, without limitation, food, shelter, clothing and medical care; (b) Whether the nominated person, relative or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS; (c) Whether the nominated person, relative or other person has been judicially determined to have committed abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult, unless the court finds that it is in the best interests of the ward to appoint the person as guardian for the adult; Page 21

24 3 (d) Whether the nominated person, relative or other person is incompetent or has a disability; and (e) Whether the nominated person, relative or other person has been convicted in this State or any other jurisdiction of a felony, unless the court determines that any such conviction should not disqualify the person from serving as guardian for the adult. 3. If the court finds that two or more nominated persons are qualified and suitable to be appointed as guardian for an adult, the court may appoint two or more nominated persons as coguardians or shall give preference among them in the following order of preference: (a) A person whom the adult nominated for the appointment as guardian for the adult in a will, trust or other written instrument that is part of the adult s established estate plan and was executed by the adult while competent. (b) A person whom the adult requested for the appointment as guardian for the adult in a written instrument that is not part of the adult s established estate plan and was executed by the adult while competent. 4. Subject to the preferences set forth in subsections 1 and 3, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve. In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsection 2, give consideration, among other factors, to: (a) Any nomination or request for the appointment as guardian by the adult. (b) Any nomination or request for the appointment as guardian by a relative. (c) The relationship by blood, adoption, marriage or domestic partnership of the proposed guardian to the adult. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider any relative in the following order of preference: (1) A spouse or domestic partner. (2) A child. (3) A parent. (4) Any relative with whom the adult has resided for more than 6 months before the filing of the petition or any relative who has a power of attorney executed by the adult while competent. (5) Any relative currently acting as agent. (6) A sibling. (7) A grandparent or grandchild. Page 22