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

 

CHAPTER..........

 

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:

 

1-1    Section 1. Chapter 432B of NRS is hereby amended by adding thereto

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

3-25   recommendation.

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

3-39   welfare;

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

4-3   incapacity;

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

4-6   child:

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

4-19   services:

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;

6-10   or

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

6-51   parent


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;

8-26   and

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

9-14   parent:

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

10-29   resources.

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

10-32   manner.

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

10-50   parent.


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 [,] ;

11-33   or

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

11-47   neglect,

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

11-50   danger.


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.

 

13-8  20~~~~~01