Senate Bill No. 191–Senators Rawson, Carlton, Amodei, Care, Jacobsen, James, McGinness, O’Donnell, Porter, Rhoads, Titus, Washington, Coffin, Mathews, Wiener and Neal
Joint Sponsors: Assemblymen Cegavske, Hettrick, Bache, Gustavson, Chowning, Anderson, Carpenter, Gibbons, Giunchigliani, Koivisto, Manendo, Mortenson and Parnell
AN ACT relating to the protection of children; providing for the delivery of certain newborn infants to certain providers of emergency services; providing for the care, protective custody and disposition of those infants; providing civil and criminal immunity for performing certain acts regarding those infants; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-2 a new section to read as follows:
1-3 1. A provider of emergency services shall take immediate possession
1-4 of a child who is or appears to be not more than 30 days old:
1-5 (a) When:
1-6 (1) The child is voluntarily delivered to the provider by a parent of
1-7 the child; and
1-8 (2) The parent does not express an intent to return for the child; or
1-9 (b) When the child is delivered to the provider by another provider of
1-10 emergency services pursuant to paragraph (b) of subsection 2.
1-11 2. A provider of emergency services who takes possession of a child
1-12 pursuant to subsection 1 shall:
1-13 (a) Whenever possible, inform the parent of the child that:
1-14 (1) By allowing the provider to take possession of the child, the
1-15 parent is presumed to have abandoned the child;
1-16 (2) By failing or refusing to provide an address where he can be
1-17 located, the parent waives any notice of the hearing to be conducted
1-18 pursuant to NRS 432B.470; and
1-19 (3) Unless the parent contacts the local agency which provides
1-20 protective services, action will be taken to terminate his parental rights
1-21 regarding the child.
1-22 (b) Perform any act necessary to maintain and protect the physical
1-23 health and safety of the child. If the provider is a public fire-fighting
1-24 agency or a law enforcement agency, the provider shall immediately
1-25 cause the safe delivery of the child to a hospital, an obstetric center or
1-26 an independent center for emergency medical care licensed pursuant to
1-27 chapter 449 of NRS.
1-28 (c) As soon as reasonably practicable but not later than 24 hours after
1-29 the provider takes possession of the child, report that possession to an
1-30 agency which provides protective services.
1-31 3. A parent who delivers a child to a provider of emergency services
1-32 pursuant to paragraph (a) of subsection 1:
1-33 (a) Shall leave the child:
2-1 (1) In the physical possession of a person who the parent has
2-2 reasonable cause to believe is an employee of the provider; or
2-3 (2) On the property of the provider in a manner and location that
2-4 the parent has reasonable cause to believe will not threaten the physical
2-5 health or safety of the child, and immediately contact the provider,
2-6 through the local emergency telephone number or otherwise, and inform
2-7 the provider of the delivery and location of the child. A provider of
2-8 emergency services is not liable for any civil damages as a result of any
2-9 harm or injury sustained by a child after the child is left on the property
2-10 of the provider pursuant to this subparagraph and before the provider is
2-11 informed of the delivery and location of the child pursuant to this
2-12 subparagraph or the provider takes physical possession of the child,
2-13 whichever occurs first.
2-14 (b) Shall be deemed to have given his consent to the performance of
2-15 all necessary emergency services and care for the child.
2-16 (c) Must not be required to provide any background or medical
2-17 information regarding the child, but may voluntarily do so.
2-18 (d) Unless there is reasonable cause to believe that the child has been
2-19 abused or neglected, excluding the mere fact that the parent has
2-20 delivered the child to the provider pursuant to subsection 1:
2-21 (1) Must not be required to disclose any identifying information,
2-22 but may voluntarily do so;
2-23 (2) Must be allowed to leave at any time; and
2-24 (3) Must not be pursued or followed.
2-25 4. As used in this section, “provider of emergency services” means:
2-26 (a) A hospital, an obstetric center or an independent center for
2-27 emergency medical care licensed pursuant to chapter 449 of NRS;
2-28 (b) A public fire-fighting agency; or
2-29 (c) A law enforcement agency.
2-30 Sec. 2. NRS 432B.020 is hereby amended to read as follows:
2-31 432B.020 1. “Abuse or neglect of a child” means [:] , except as
2-32 otherwise provided in subsection 2:
2-33 (a) Physical or mental injury of a nonaccidental nature;
2-34 (b) Sexual abuse or sexual exploitation; or
2-35 (c) Negligent treatment or maltreatment as set forth in
2-36 NRS 432B.140,
2-37 of a child caused or allowed by a person responsible for his welfare under
2-38 circumstances which indicate that the child’s health or welfare is harmed
2-39 or threatened with harm.
2-40 2. A child is not abused or neglected, nor is his health or welfare
2-41 harmed or threatened for the sole reason that his [parent] :
2-42 (a) Parent delivers the child to a provider of emergency services
2-43 pursuant to section 1 of this act, if the parent complies with the
2-44 requirements of paragraph (a) of subsection 3 of that section; or
2-45 (b) Parent or guardian, in good faith, selects and depends upon
2-46 nonmedical remedial treatment for such child, if such treatment is
2-47 recognized and permitted under the laws of this state in lieu of medical
2-48 treatment. This [subsection] paragraph does not limit the court in ensuring
2-49 that a child receive a medical examination and treatment pursuant to
2-50 NRS 62.231.
3-1 3. As used in this section, “allow” means to do nothing to prevent or
3-2 stop the abuse or neglect of a child in circumstances where the person
3-3 knows or has reason to know that a child is abused or neglected.
3-4 Sec. 3. NRS 432B.160 is hereby amended to read as follows:
3-5 432B.160 1. [Immunity] Except as otherwise provided in
3-6 subsection 2, immunity from civil or criminal liability extends to every
3-7 person who in good faith:
3-8 (a) Makes a report pursuant to NRS 432B.220;
3-9 (b) Conducts an interview or allows an interview to be taken pursuant to
3-10 NRS 432B.270;
3-11 (c) Allows or takes photographs or X-rays pursuant to NRS 432B.270;
3-12 (d) Causes a medical test to be performed pursuant to NRS 432B.270;
3-13 (e) Provides a record, or a copy thereof, of a medical test performed
3-14 pursuant to NRS 432B.270 to an agency that provides protective services
3-15 to the child, a law enforcement agency that participated in the
3-16 investigation of the report of abuse or neglect of the child , or the
3-17 prosecuting attorney’s office;
3-18 (f) Holds a child pursuant to NRS 432B.400 , takes possession of a
3-19 child pursuant to section 1 of this act or places a child in protective
3-20 custody[;] pursuant to any provision of this chapter;
3-21 (g) Performs any act pursuant to subsection 2 of section 1 of this act;
3-22 (h) Refers a case or recommends the filing of a petition pursuant to
3-23 NRS 432B.380; or
3-24 [(h)] (i) Participates in a judicial proceeding resulting from a referral or
3-26 2. The provisions of subsection 1 do not confer any immunity from
3-27 liability for the negligent performance of any act pursuant to paragraph
3-28 (b) of subsection 2 of section 1 of this act.
3-29 3. In any proceeding to impose liability against a person for:
3-30 (a) Making a report pursuant to NRS 432B.220; or
3-31 (b) [Any of the acts] Performing any act set forth in paragraphs (b) to
3-32 [(h),] (i), inclusive, of subsection 1,
3-33 there is a presumption that the person acted in good faith.
3-34 Sec. 4. NRS 432B.330 is hereby amended to read as follows:
3-35 432B.330 1. A child is in need of protection if:
3-36 (a) He has been abandoned by a person responsible for his welfare;
3-37 (b) He is suffering from congenital drug addiction or [the] fetal alcohol
3-38 syndrome[,] because of the faults or habits of a person responsible for his
3-40 (c) He has been subjected to abuse or neglect by a person responsible
3-41 for his welfare;
3-42 (d) He is in the care of a person responsible for his welfare and another
3-43 child has died as a result of abuse or neglect by that person; [or]
3-44 (e) He has been placed for care or adoption in violation of law[.] ; or
3-45 (f) He has been delivered to a provider of emergency services
3-46 pursuant to section 1 of this act.
3-47 2. A child may be in need of protection if the person responsible for
3-48 his welfare:
4-1 (a) Is unable to discharge his responsibilities to and for the child
4-2 because of incarceration, hospitalization , or other physical or mental
4-4 (b) Fails, although he is financially able to do so or has been offered
4-5 financial or other means to do so, to provide for the following needs of the
4-7 (1) Food, clothing or shelter necessary for the child’s health or safety;
4-8 (2) Education as required by law; or
4-9 (3) Adequate medical care; or
4-10 (c) Has been responsible for the abuse or neglect of a child who has
4-11 resided with that person.
4-12 3. A child may be in need of protection if the death of a parent of the
4-13 child is or may be the result of an act by the other parent that constitutes
4-14 domestic violence pursuant to NRS 33.018.
4-15 Sec. 5. NRS 432B.390 is hereby amended to read as follows:
4-16 432B.390 1. An agent or officer of a law enforcement agency, an
4-17 officer of the local juvenile probation department or the local department
4-18 of juvenile services , or a designee of an agency which provides protective
4-20 (a) May place a child in protective custody without the consent of the
4-21 person responsible for the child’s welfare if he has reasonable cause to
4-22 believe that immediate action is necessary to protect the child from injury,
4-23 abuse or neglect.
4-24 (b) Shall place a child in protective custody upon the death of a parent
4-25 of the child, without the consent of the person responsible for the welfare
4-26 of the child, if the agent, officer or designee has reasonable cause to
4-27 believe that the death of the parent of the child is or may be the result of an
4-28 act by the other parent that constitutes domestic violence pursuant to
4-29 NRS 33.018.
4-30 2. When an agency which provides protective services receives a
4-31 report pursuant to subsection 2 of section 1 of this act, a designee of the
4-32 agency which provides protective services shall immediately place the
4-33 child in protective custody.
4-34 3. If there is reasonable cause to believe that the death of a parent of
4-35 [the] a child is or may be the result of an act by the other parent that
4-36 constitutes domestic violence pursuant to NRS 33.018, a protective
4-37 custody hearing must be held pursuant to NRS 432B.470, whether the
4-38 child was placed in protective custody or with a relative. If an agency
4-39 other than an agency which provides protective services becomes aware
4-40 that there is reasonable cause to believe that the death of a parent of [the] a
4-41 child is or may be the result of an act by the other parent that constitutes
4-42 domestic violence pursuant to NRS 33.018, that agency shall immediately
4-43 notify the agency which provides protective services and a protective
4-44 custody hearing must be scheduled.
4-45 [3.] 4. An agency which provides protective services shall request the
4-46 assistance of a law enforcement agency in the removal of [the] a child if
4-47 [it] the agency has reasonable cause to believe that the child or the person
4-48 placing the child in protective custody may be threatened with harm.
4-49 [4.] 5. Before taking a child for placement in protective custody, the
4-50 person taking the child shall show his identification to any person who is
5-1 responsible for the child and is present at the time the child is taken. If a
5-2 person who is responsible for the child is not present at the time the child is
5-3 taken, the person taking the child shall show his identification to any other
5-4 person upon request. The identification required by this subsection must
5-5 be a single card that contains a photograph of the person taking the child
5-6 and identifies him as a person authorized pursuant to [subsection 1] this
5-7 section to place a child in protective custody.
5-8 [5.] 6. A child placed in protective custody pending an investigation
5-9 and a hearing held pursuant to NRS 432B.470 must be placed in a
5-10 hospital, if the child needs hospitalization, or in a shelter, which may
5-11 include a foster home or other home or facility which provides care for
5-12 those children, but the child must not be placed in a jail or other place for
5-13 detention, incarceration or residential care of persons convicted of a crime
5-14 or children charged with delinquent acts.
5-15 [6.] 7. A person placing a child in protective custody pursuant to
5-16 subsection 1 shall:
5-17 (a) Immediately take steps to protect all other children remaining in the
5-18 home or facility, if necessary;
5-19 (b) Immediately make a reasonable effort to inform the person
5-20 responsible for the child’s welfare that the child has been placed in
5-21 protective custody;
5-22 (c) Give preference in placement of the child to any person related
5-23 within the third degree of consanguinity to the child who is suitable and
5-24 able to provide proper care and guidance for the child, regardless of
5-25 whether the relative resides within this state; and
5-26 (d) As soon as practicable, inform the agency which provides protective
5-27 services and the appropriate law enforcement agency.
5-28 [7.] 8. If a child is placed with any person who resides outside of this
5-29 state, the placement must be in accordance with NRS 127.330.
5-30 Sec. 6. NRS 432B.393 is hereby amended to read as follows:
5-31 432B.393 1. Except as otherwise provided in this section, an agency
5-32 which provides protective services shall make reasonable efforts to
5-33 preserve and reunify the family of a child to prevent or eliminate the need
5-34 for his removal from his home and to make it possible for his safe return to
5-35 his home.
5-36 2. In determining the reasonable efforts required by subsection 1, the
5-37 health and safety of the child must be the paramount concern. The agency
5-38 which provides protective services may make reasonable efforts to place
5-39 the child for adoption or with a legal guardian concurrently with making
5-40 the reasonable efforts required pursuant to subsection 1. If the court
5-41 determines that continuation of the reasonable efforts required by
5-42 subsection 1 is inconsistent with the plan for the permanent placement of
5-43 the child, the agency which provides protective services shall make
5-44 reasonable efforts to place the child in a timely manner in accordance with
5-45 that plan and to complete whatever actions are necessary to finalize the
5-46 permanent placement of the child.
5-47 3. An agency which provides protective services is not required to
5-48 make the reasonable efforts required by subsection 1 if the court finds that:
5-49 (a) A parent or other primary caretaker of the child has:
6-1 (1) Committed, aided or abetted in the commission of, or attempted,
6-2 conspired or solicited to commit murder or voluntary manslaughter;
6-3 (2) Caused the abuse or neglect of the child, or of another child of the
6-4 parent or primary caretaker, which resulted in substantial bodily harm to
6-5 the abused or neglected child;
6-6 (3) Caused the abuse or neglect of the child, a sibling of the child or
6-7 another child in the household, and the abuse or neglect was so extreme or
6-8 repetitious as to indicate that any plan to return the child to his home
6-9 would result in an unacceptable risk to the health or welfare of the child;
6-11 (4) Abandoned the child for 60 or more days, and the identity of the
6-12 parent of the child is unknown and cannot be ascertained through
6-13 reasonable efforts;
6-14 (b) A parent of the child has, for the previous 6 months, had the ability
6-15 to contact or communicate with the child and made no more than token
6-16 efforts to do so;
6-17 (c) The parental rights of a parent to a sibling of the child have been
6-18 terminated by a court order upon any basis other than the execution of a
6-19 voluntary relinquishment of those rights by a natural parent, and the court
6-20 order is not currently being appealed;
6-21 (d) The child or a sibling of the child was previously removed from his
6-22 home, adjudicated to have been abused or neglected, returned to his home
6-23 and subsequently removed from his home as a result of additional abuse or
6-24 neglect; [or]
6-25 (e) The child is less than 1 year of age, the father of the child is not
6-26 married to the mother of the child and the father of the child:
6-27 (1) Has failed within 60 days after learning of the birth of the child,
6-28 to visit the child, to commence proceedings to establish his paternity of the
6-29 child or to provide financial support for the child; or
6-30 (2) Is entitled to seek custody of the child but fails to do so within
6-31 60 days after learning that the child was placed in foster care[.] ; or
6-32 (f) The child was delivered to a provider of emergency services
6-33 pursuant to section 1 of this act.
6-34 Sec. 7. NRS 432B.470 is hereby amended to read as follows:
6-35 432B.470 1. A child taken into protective custody pursuant to NRS
6-36 432B.390 must be given a hearing, conducted by a judge, master or special
6-37 master appointed by the judge for that particular hearing, within 72 hours,
6-38 excluding Saturdays, Sundays and holidays, after being taken into custody,
6-39 to determine whether the child should remain in protective custody
6-40 pending further action by the court.
6-41 2. [Notice] Except as otherwise provided in this subsection, notice of
6-42 the time and place of the hearing must be given to a parent or other person
6-43 responsible for the child’s welfare:
6-44 (a) By personal service of a written notice;
6-45 (b) Orally; or
6-46 (c) If the parent or other person responsible for the child’s welfare
6-47 cannot be located after a reasonable effort, by posting a written notice
6-48 on the door of his residence.
6-49 If the child was delivered to a provider of emergency services pursuant to
6-50 section 1 of this act and the location of the parent is unknown, the
7-1 shall be deemed to have waived any notice of the hearing conducted
7-2 pursuant to this section.
7-3 3. If notice is given by means of paragraph (b) or (c) of subsection 2, a
7-4 copy of the notice must be mailed to the person at his last known address
7-5 within 24 hours after the child is placed in protective custody.
7-6 Sec. 8. NRS 432B.520 is hereby amended to read as follows:
7-7 432B.520 1. After a petition has been filed, the court shall direct the
7-8 clerk to issue a summons requiring the person who has custody or control
7-9 of the child to appear personally and bring the child before the court at a
7-10 time and place stated in the summons. If the person so summoned is other
7-11 than a parent or guardian of the child, then the parent or guardian, or both,
7-12 must also be notified by a similar summons of the pendency of the hearing
7-13 and of the time and place appointed.
7-14 2. Summons may be issued requiring the appearance of any other
7-15 person whose presence, in the opinion of the court, is necessary.
7-16 3. Each summons must include notice of the right of parties to counsel
7-17 at the adjudicatory hearing. A copy of the petition must be attached to
7-18 each summons.
7-19 4. If the [person] :
7-20 (a) Person summoned resides in this state, the summons must be served
7-21 personally[. If the person] ;
7-22 (b) Person summoned cannot be found within this state or does not
7-23 reside in this state, the summons must be mailed by registered or certified
7-24 mail to his last known address[.] ; or
7-25 (c) Child was delivered to a provider of emergency services pursuant
7-26 to section 1 of this act and the location of the parent is unknown, the
7-27 summons must be served on the parent by publication at least once a
7-28 week for 3 consecutive weeks in a newspaper published in the county
7-29 and if no such newspaper is published, then a newspaper published in
7-30 this state that has a general circulation in the county. The failure of the
7-31 parent to appear in the action after the service of summons on the
7-32 parent pursuant to this paragraph shall be deemed to constitute a waiver
7-33 by the parent of any further notice of the proceedings that would
7-34 otherwise be required pursuant to this chapter.
7-35 5. If it appears that the child is in such condition or surroundings that
7-36 his welfare requires that his custody be immediately assumed by the court,
7-37 the court may order, by endorsement upon the summons, that the person
7-38 serving it shall at once deliver the child to an agency which provides
7-39 protective services in whose custody the child must remain until the
7-40 further order of the court.
7-41 6. If the summons cannot be served or the person who has custody or
7-42 control of the child fails to obey it, or:
7-43 (a) In the judge’s opinion, the service will be ineffectual or the welfare
7-44 of the child requires that he be brought forthwith into the custody of the
7-45 court; or
7-46 (b) A person responsible for the child’s welfare has absconded with him
7-47 or concealed him from a representative of an agency which provides
7-48 protective services,
8-1 the court may issue a writ for the attachment of the child’s person,
8-2 commanding a law enforcement officer or a representative of an agency
8-3 which provides protective services to place the child in protective custody.
8-4 Sec. 9. NRS 432B.540 is hereby amended to read as follows:
8-5 432B.540 1. If the court finds that the allegations of the petition are
8-6 true, it shall order that a report be made in writing by an agency which
8-7 provides protective services, concerning [the] :
8-8 (a) Except as otherwise provided in paragraph (b), the conditions in
8-9 the child’s place of residence, the child’s record in school, the mental,
8-10 physical and social background of his family, its financial situation and
8-11 other matters relevant to the case[.] ; or
8-12 (b) If the child was delivered to a provider of emergency services
8-13 pursuant to section 1 of this act, any matters relevant to the case.
8-14 2. If the agency believes that it is necessary to remove the child from
8-15 the physical custody of his parents, it must submit with the report a plan
8-16 designed to achieve a placement of the child in a safe setting as near to the
8-17 residence of his parent as is consistent with the best interests and special
8-18 needs of the child. The plan must include:
8-19 (a) A description of the type, safety and appropriateness of the home or
8-20 institution in which the child could be placed, a plan for ensuring that he
8-21 would receive safe and proper care and a description of his needs;
8-22 (b) A description of the services to be provided to the child and to a
8-23 parent to facilitate the return of the child to the custody of his parent or to
8-24 ensure his permanent placement;
8-25 (c) The appropriateness of the services to be provided under the plan;
8-27 (d) A description of how the order of the court will be carried out.
8-28 3. If the child is not residing in his home, the agency shall include as a
8-29 part of the plan for the permanent placement of the child, established
8-30 pursuant to NRS 432B.590, a recommendation to terminate parental rights
8-31 unless it determines that initiating a petition for the termination of parental
8-32 rights is not in the best interests of the child. If the agency conclusively
8-33 determines that initiating a petition for the termination of parental rights is
8-34 not in the best interests of the child, it shall include a full explanation of
8-35 the basis for the determination as part of the plan.Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
8-36 Sec. 10. NRS 432B.550 is hereby amended to read as follows:
8-37 432B.550 1. If the court finds that a child is in need of protection, it
8-38 shall determine whether the agency which provides protective services has
8-39 made the reasonable efforts required by subsection 1 of NRS 432B.393.
8-40 The court may, by its order, after receipt and review of the report from the
8-41 agency which provides protective services:
8-42 (a) Permit the child to remain in the temporary or permanent custody of
8-43 his parents or a guardian with or without supervision by the court or a
8-44 person or agency designated by the court, and with or without retaining
8-45 jurisdiction of the case, upon such conditions as the court may prescribe;
8-46 (b) Place him in the temporary or permanent custody of a relative or
8-47 other person who the court finds suitable to receive and care for him with
8-48 or without supervision, and with or without retaining jurisdiction of the
8-49 case, upon such conditions as the court may prescribe;
9-1 (c) Place him in the temporary custody of a public agency or institution
9-2 authorized to care for children, the local juvenile probation department, the
9-3 local department of juvenile services , or a private agency or institution
9-4 licensed by the department of human resources to care for such a child; or
9-5 (d) Commit him to the custody of the superintendent of the northern
9-6 Nevada children’s home or the superintendent of the southern Nevada
9-7 children’s home, in accordance with chapter 423 of NRS.
9-8 In carrying out this subsection, the court may, in its sole discretion,
9-9 consider an application pursuant to chapter 159 of NRS for the
9-10 guardianship of the child. If the court grants such an application, it may
9-11 retain jurisdiction of the case or transfer the case to another court of
9-12 competent jurisdiction.
9-13 2. If, pursuant to subsection 1, a child is placed other than with a
9-15 (a) The parent retains the right to consent to adoption, to determine the
9-16 child’s religious affiliation and to reasonable visitation, unless restricted
9-17 by the court. If the custodian of the child interferes with these rights, the
9-18 parent may petition the court for enforcement of his rights.
9-19 (b) The court shall set forth good cause why the child was placed other
9-20 than with a parent.
9-21 3. If, pursuant to subsection 1, the child is to be placed with a relative,
9-22 the court may consider, among other factors, whether the child has resided
9-23 with a particular relative for 3 years or more before the incident which
9-24 brought the child to the court’s attention.
9-25 4. [A] Except as otherwise provided in this subsection, a copy of the
9-26 report prepared for the court by the agency which provides protective
9-27 services must be sent to the custodian and the parent or legal guardian. If
9-28 the child was delivered to a provider of emergency services pursuant to
9-29 section 1 of this act and the location of the parent is unknown, the report
9-30 need not be sent to that parent.
9-31 5. In determining the placement of a child pursuant to this section, if
9-32 the child is not permitted to remain in the custody of his parents or
9-33 guardian, preference must be given to placing the child:
9-34 (a) With any person related within the third degree of consanguinity to
9-35 the child who is suitable and able to provide proper care and guidance for
9-36 the child, regardless of whether the relative resides within this state.
9-37 (b) If practicable, together with his siblings.
9-38 Any search for a relative with whom to place a child pursuant to this
9-39 section must be completed within 1 year after the initial placement of the
9-40 child outside of his home. If a child is placed with any person who resides
9-41 outside of this state, the placement must be in accordance with
9-42 NRS 127.330.
9-43 Sec. 11. NRS 432B.560 is hereby amended to read as follows:
9-44 432B.560 1. The court may also order:
9-45 (a) The child, a parent or the guardian to undergo such medical,
9-46 psychiatric, [psychologic] psychological, or other care or treatment as the
9-47 court considers to be in the best interests of the child.
9-48 (b) A parent or guardian to refrain from:
10-1 (1) Any harmful or offensive conduct toward the child, the other
10-2 parent, the custodian of the child or the person given physical custody of
10-3 the child; and
10-4 (2) Visiting the child if the court determines that the visitation is not
10-5 in the best interest of the child.
10-6 (c) A reasonable right of visitation for a grandparent of the child if the
10-7 child is not permitted to remain in the custody of his parents.
10-8 2. The court shall order a parent or guardian to pay to the custodian an
10-9 amount sufficient to support the child while the child is in the care of the
10-10 custodian pursuant to an order of the court[.] , unless the child was
10-11 delivered to a provider of emergency services pursuant to section 1 of
10-12 this act and the location of the parent is unknown. Payments for the
10-13 obligation of support must be determined in accordance with NRS
10-14 125B.070 and 125B.080, but must not exceed the reasonable cost of the
10-15 child’s care, including food, shelter, clothing, medical care and education.
10-16 An order for support made pursuant to this subsection must:
10-17 (a) Require that payments be made to the appropriate agency or office;
10-18 (b) Provide that the custodian is entitled to a lien on the obligor’s
10-19 property in the event of nonpayment of support; and
10-20 (c) Provide for the immediate withholding of income for the payment of
10-21 support unless:
10-22 (1) All parties enter into an alternative written agreement; or
10-23 (2) One party demonstrates and the court finds good cause to
10-24 postpone the withholding.
10-25 3. A court that enters an order pursuant to subsection 2 shall ensure
10-26 that the social security number of the parent or guardian who is the subject
10-27 of the order is:
10-28 (a) Provided to the welfare division of the department of human
10-30 (b) Placed in the records relating to the matter and, except as otherwise
10-31 required to carry out a specific statute, maintained in a confidential
10-33 Sec. 12. NRS 432B.580 is hereby amended to read as follows:
10-34 432B.580 1. Except as otherwise provided in this section, if a child is
10-35 placed pursuant to NRS 432B.550 other than with a parent, the placement
10-36 must be reviewed by the court at least semiannually. Unless the parent,
10-37 guardian or the custodian objects to the referral, the court may enter an
10-38 order directing that the placement be reviewed by a panel appointed
10-39 pursuant to NRS 432B.585.
10-40 2. An agency acting as the custodian of the child shall, before any
10-41 hearing for review of the placement of a child, submit a report to the court,
10-42 or to the panel if it has been designated to review the matter, which
10-43 includes an evaluation of the progress of the child and his family and any
10-44 recommendations for further supervision, treatment or rehabilitation. [A]
10-45 Except as otherwise provided in this subsection, a copy of the report must
10-46 be given to the parents, the guardian ad litem and the attorney, if any,
10-47 representing the parent or the child. If the child was delivered to a
10-48 provider of emergency services pursuant to section 1 of this act and the
10-49 parent has not appeared in the action, the report need not be sent to that
11-1 3. The court or the panel shall hold a hearing to review the placement,
11-2 unless the parent, guardian or custodian files a motion with the court to
11-3 dispense with the hearing. If the motion is granted, the court or panel may
11-4 make its determination from any report, statement or other information
11-5 submitted to it.
11-6 4. [Notice] Except as otherwise provided in this subsection and
11-7 paragraph (c) of subsection 4 of NRS 432B.520, notice of the hearing
11-8 must be given by registered or certified mail to:
11-9 (a) All the parties to any of the prior proceedings; and
11-10 (b) Any persons planning to adopt the child, relatives of the child or
11-11 providers of foster care who are currently providing care to the
11-12 child . [,
11-13 except] Notice of the hearing need not be given to a parent whose rights
11-14 have been terminated pursuant to chapter 128 of NRS or who has
11-15 voluntarily relinquished the child for adoption pursuant to NRS 127.040.
11-16 5. The court or panel may require the presence of the child at the
11-17 hearing and shall provide to each person to whom notice was given
11-18 pursuant to subsection 4 an opportunity to be heard at the hearing.
11-19 6. The court or panel shall review:
11-20 (a) The continuing necessity for and appropriateness of the placement;
11-21 (b) The extent of compliance with the plan submitted pursuant to
11-22 subsection 2 of NRS 432B.540;
11-23 (c) Any progress which has been made in alleviating the problem which
11-24 resulted in the placement of the child; and
11-25 (d) The date the child may be returned to, and safely maintained in, his
11-26 home or placed for adoption or under a legal guardianship.
11-27 7. The provision of notice and an opportunity to be heard pursuant to
11-28 this section does not cause any person planning to adopt the child, or any
11-29 relative or provider of foster care to become a party to the hearing.
11-30 Sec. 13. NRS 128.097 is hereby amended to read as follows:
11-31 128.097 If a parent of a child [engages] :
11-32 1. Engages in conduct that violates any provision of NRS 200.465 [,] ;
11-34 2. Voluntarily delivers a child to a provider of emergency services
11-35 pursuant to section 1 of this act,
11-36 the parent is presumed to have abandoned the child.
11-37 Sec. 14. NRS 200.508 is hereby amended to read as follows:
11-38 200.508 1. A person who:
11-39 (a) Willfully causes a child who is less than 18 years of age to suffer
11-40 unjustifiable physical pain or mental suffering as a result of abuse or
11-41 neglect or to be placed in a situation where the child may suffer physical
11-42 pain or mental suffering as the result of abuse or neglect; or
11-43 (b) Is responsible for the safety or welfare of a child and who permits or
11-44 allows that child to suffer unjustifiable physical pain or mental suffering as
11-45 a result of abuse or neglect or to be placed in a situation where the child
11-46 may suffer physical pain or mental suffering as the result of abuse or
11-48 is guilty of a gross misdemeanor unless a more severe penalty is prescribed
11-49 by law for an act or omission which brings about the abuse, neglect or
12-1 2. A person who violates any provision of subsection 1, if substantial
12-2 bodily or mental harm results to the child:
12-3 (a) If the child is less than 14 years of age and the harm is the result of
12-4 sexual abuse or exploitation, is guilty of a category A felony and shall be
12-5 punished by imprisonment in the state prison for life with the possibility of
12-6 parole, with eligibility for parole beginning when a minimum of 10 years
12-7 has been served; or
12-8 (b) In all other such cases to which paragraph (a) does not apply, is
12-9 guilty of a category B felony and shall be punished by imprisonment in the
12-10 state prison for a minimum term of not less than 2 years and a maximum
12-11 term of not more than 20 years.
12-12 3. A person does not commit a violation of subsection 1 by virtue of
12-13 the sole fact that he delivers or allows the delivery of a child to a
12-14 provider of emergency services pursuant to section 1 of this act.
12-15 4. As used in this section:
12-16 (a) “Abuse or neglect” means physical or mental injury of a
12-17 nonaccidental nature, sexual abuse, sexual exploitation, negligent
12-18 treatment or maltreatment of a child under the age of 18 years, as set forth
12-19 in paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and
12-20 432B.150, under circumstances which indicate that the child’s health or
12-21 welfare is harmed or threatened with harm.
12-22 (b) “Allow” means to do nothing to prevent or stop the abuse or neglect
12-23 of a child in circumstances where the person knows or has reason to know
12-24 that the child is abused or neglected.
12-25 (c) “Permit” means permission that a reasonable person would not grant
12-26 and which amounts to a neglect of responsibility attending the care,
12-27 custody and control of a minor child.
12-28 (d) “Physical injury” means:
12-29 (1) Permanent or temporary disfigurement; or
12-30 (2) Impairment of any bodily function or organ of the body.
12-31 (e) “Substantial mental harm” means an injury to the intellectual or
12-32 psychological capacity or the emotional condition of a child as evidenced
12-33 by an observable and substantial impairment of the ability of the child to
12-34 function within his normal range of performance or behavior.
12-35 Sec. 15. NRS 201.110 is hereby amended to read as follows:
12-36 201.110 [Any]
12-37 1. Except as otherwise provided in this section, any person who
12-38 commits any act or omits the performance of any duty, which act or
12-39 omission causes or tends to cause or encourage any person under the age
12-40 of 18 to become a “neglected child,” “child in need of supervision” or
12-41 “delinquent child,” as defined in NRS 201.090 , to 201.110, inclusive, or
12-42 which act or omission contributes thereto, or any person who, by any act
12-43 or omission, or by threats, command or persuasion, induces or endeavors
12-44 to induce any person under the age of 18 to perform any act or to follow
12-45 any course of conduct or to so live as would cause or manifestly tend to
12-46 cause any such person to become or to remain a person who is a
12-47 “neglected child,” “child in need of supervision” or “delinquent child,” as
12-48 defined in NRS 201.090 [to 201.110, inclusive, shall be] , is guilty of
12-49 contributory neglect or contributory delinquency. Contributory neglect or
12-50 contributory delinquency is a misdemeanor.
13-1 2. A person does not commit a violation of subsection 1 by virtue of
13-2 the sole fact that he delivers or induces the delivery of a child to a
13-3 provider of emergency services pursuant to section 1 of this act.
13-4 Sec. 16. The provisions of subsection 1 of NRS 354.599 do not apply
13-5 to any additional expenses of a local government that are related to the
13-6 provisions of this act.
13-7 Sec. 17. This act becomes effective upon passage and approval.