๊2001 Statutes of Nevada, 17th Special Session, Page 1๊
LAWS OF THE STATE OF NEVADA
Passed at the
SEVENTEENTH SPECIAL SESSION OF THE LEGISLATURE
2001
________
Assembly Bill No. 1Joint Rules Committee
CHAPTER 1
AN ACT relating to the protection of children; transferring certain duties of the division of child and family services of the department of human resources to an agency of the county in certain large counties; establishing a legislative committee on children, youth and families; making appropriations; and providing other matters properly relating thereto.
[Approved: June 15, 2001]
Whereas, Under the current child welfare system in this state, a child residing in a county whose population is 100,000 or more who is in need of protective custody services is initially under the supervision of the county; and
Whereas, If such a child is unable to return safely to the home of his parents and will remain in out-of-home care for more than 6 months, custody of the child is typically transferred to the Division of Child and Family Services of the Department of Human Resources; and
Whereas, After being transferred to the Division of Child and Family Services, a child and his parents are typically assigned a new case manager, the child is placed in a new foster home that is willing to accept the foster care rates paid by the Division and the child is transferred to a new therapist who is a Medicaid provider; and
Whereas, Under this bifurcated system, the transfer of custody to the Division of Child and Family Services may result in a delay of up to 6 months in the commencement of a permanent plan for the care and treatment of a child and may cause the child to remain in the system for a longer period; and
Whereas, The Federal Adoption and Safe Families Act of 1997 requires the agency which provides child welfare services to pursue termination of parental rights for any child who remains in out-of-home care for 15 months out of the immediately preceding 22 months; and
Whereas, The interruption of services to children and families caused by the bifurcated system places parents at risk of having their parental rights terminated unjustly; and
Whereas, The bifurcated system also creates disparities in the rates of reimbursement for providers of foster care and the compensation paid to employees of the county and the state; and
Whereas, The duplication of efforts inherent in a bifurcated system is inefficient; and
๊2001 Statutes of Nevada, 17th Special Session, Page 2 (Chapter 1, AB 1)๊
Whereas, Integration of the child welfare system in this state will begin to eliminate the inefficiencies of the current system by reducing the number of placements of children in foster homes, decreasing the length of time that children remain in out-of-home care and ensuring that children are placed in permanent homes as soon as possible; and
Whereas, The rates for foster care reimbursement should be established at a level that enables a provider of foster care to care for a child adequately and the rates should be standardized within each county and structured in a manner that avoids any unnecessary interruptions in foster home placements because of changing levels of reimbursements; and
Whereas, Fairness to employees affected by the integration of the child welfare system is a priority; and
Whereas, The Division of Child and Family Services and counties whose population is 100,000 or more have a shared fiscal responsibility for the costs of providing child welfare services and must be committed to ensuring through negotiation in good faith future maintenance of their efforts in providing those services and to equitably sharing future costs for providing those services; and
Whereas, To ensure an equitable funding of the integrated child welfare system, the base amounts required for determining the federal and nonfederal contributions for funding the system will be based on an experience that reflects a full fiscal year; and
Whereas, Integration of the child welfare system in this state will allow the placement of children in a child welfare system that is adequately funded and structured to avoid unnecessary interruptions in placement and will ensure that permanency is achieved for children in accordance with federal and state laws; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125A.080 is hereby amended to read as follows:
125A.080 1. If the petitioner for an initial decree has wrongfully taken the child from another state or has engaged in similar reprehensible conduct the court may decline to exercise jurisdiction if this is just and proper under the circumstances.
2. Unless required in the interest of the child, the court shall not exercise its jurisdiction to modify a custody decree of another state if the petitioner, without consent of the person entitled to custody, has improperly removed the child from the physical custody of the person entitled to custody or has improperly retained the child after a visit or other temporary relinquishment of physical custody. If the petitioner has violated any other provision of a custody decree of another state the court may decline to exercise its jurisdiction if this is just and proper under the circumstances.
3. Where the court declines to exercise jurisdiction pursuant to subsection 1, the court shall notify the parent or other appropriate person and the prosecuting attorney of the appropriate jurisdiction in the other state. Upon request of the court of the other state, the court of this state shall order the petitioner to appear with the child in a custody proceeding instituted in the other state in accordance with NRS 125A.230.
๊2001 Statutes of Nevada, 17th Special Session, Page 3 (Chapter 1, AB 1)๊
4. Where the court refused to assume jurisdiction to modify the custody decree of another state pursuant to subsection 2 or pursuant to NRS 125A.180, the court shall notify the person who has legal custody under the decree of the other state and the prosecuting attorney of the appropriate jurisdiction in the other state and may order the petitioner to return the child to the person who has legal custody. If it appears that the order will be ineffective and the legal custodian is ready to receive the child within 10 days, the court may place the child in a foster home [approved by the division of child and family services of the department of human resources] that is licensed pursuant to NRS 424.030 for that period, pending return of the child to the legal custodian. At the same time, the court shall advise the petitioner that any petition for modification of custody must be directed to the appropriate court of the other state which has continuing jurisdiction or, if that court declines jurisdiction, to a court in a state which has jurisdiction.
5. In appropriate cases a court dismissing a petition under this section may charge the petitioner with necessary travel and other expenses, including attorneys fees, incurred by other parties or their witnesses.
Sec. 2. NRS 127.003 is hereby amended to read as follows:
127.003 As used in this chapter, unless the context otherwise requires:
1. Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
2. Division means the division of child and family services of the department of human resources.
[2.] 3. Indian child has the meaning ascribed to it in 25 U.S.C. ง 1903.
[3.] 4. Indian Child Welfare Act means the Indian Child Welfare Act of 1978 , [(] 25 U.S.C. งง 1901 et seq. [).]
Sec. 3. NRS 127.050 is hereby amended to read as follows:
127.050 1. The following agencies may accept relinquishments for the adoption of children from parents and guardians in this state:
(a) [The division] An agency which provides child welfare services in its own capacity or on behalf of a child-placing agency authorized under the laws of another state to accept relinquishments and make placements; or
(b) A child-placing agency licensed by the division.
2. The following agencies may consent to the adoption of children in this state:
(a) [The division, to whom] An agency which provides child welfare services to which the child has been relinquished for adoption;
(b) A child-placing agency licensed by the division, to whom the child has been relinquished for adoption; or
(c) Any child-placing agency authorized under the laws of another state to accept relinquishments and make placements, to whom the child has been relinquished or otherwise approved for adoption in that state.
3. If [the division] an agency which provides child welfare services accepts a relinquishment on behalf of a child-placing agency pursuant to subsection 1, the child-placing agency shall reimburse the [division] agency which provides child welfare services for any costs associated with the acceptance.
Sec. 4. NRS 127.053 is hereby amended to read as follows:
127.053 No consent to a specific adoption executed in this state, or executed outside this state for use in this state, is valid unless it:
1. Identifies the child to be adopted by name, if any, sex and date of birth.
๊2001 Statutes of Nevada, 17th Special Session, Page 4 (Chapter 1, AB 1)๊
2. Is in writing and signed by the person consenting to the adoption as required in this chapter.
3. Is acknowledged by the person consenting and signing the consent to adoption in the manner and form required for conveyances of real property.
4. Contains, at the time of execution, the name of the person or persons to whom consent to adopt the child is given.
5. Is attested by at least two competent, disinterested witnesses who subscribe their names to the consent in the presence of the person consenting. If neither the petitioner [or] nor the spouse of a petitioner is related to the child within the third degree of consanguinity, then one of the witnesses must be a social worker employed by:
(a) [The division;] An agency which provides child welfare services;
(b) An agency licensed in this state to place children for adoption;
(c) A comparable state or county agency of another state; or
(d) An agency authorized under the laws of another state to place children for adoption, if the natural parent resides in that state.
Sec. 5. NRS 127.057 is hereby amended to read as follows:
127.057 1. Any person to whom a consent to adoption executed in this state or executed outside this state for use in this state is delivered shall, within 48 hours after receipt of the executed consent to adoption, furnish a true copy [thereof to the division,] of the consent, together with a report of the permanent address of the person in whose favor the consent was executed [.] to the agency which provides child welfare services.
2. Any person recommending in his professional or occupational capacity, the placement of a child for adoption in this state shall immediately notify the [division] agency which provides child welfare services of the impending adoption.
3. All information received by the [division] agency which provides child welfare services pursuant to the provisions of this section is confidential and must be protected from disclosure in the same manner that information is protected under NRS 432.035.
4. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 6. NRS 127.120 is hereby amended to read as follows:
127.120 1. A petition for adoption of a child must be filed in duplicate with the county clerk. The county clerk shall send one copy of the petition to the [division,] agency which provides child welfare services.
2. The agency which provides child welfare services shall make an investigation and report as provided in this section. If one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, the court may, in its discretion, waive the investigation by the [division.] agency which provides child welfare services. A copy of the order waiving the investigation must be sent to the nearest office of the [division] agency which provides child welfare services by the petitioners within 7 days after the order is issued.
[2. The division,]
3. The agency which provides child welfare services or a licensed child-placing agency [authorized] designated to do so by the court shall:
(a) Verify the allegations of the petition;
๊2001 Statutes of Nevada, 17th Special Session, Page 5 (Chapter 1, AB 1)๊
(b) Investigate the condition of the child, including, without limitation, whether the child is an Indian child; and
(c) Make proper inquiry to determine whether the proposed adopting parents are suitable for the child.
[3. The division]
4. The agency which provides child welfare services or the designated child-placing agency shall, before the date on which the child has lived for a period of 6 months in the home of the petitioners or within 30 days after receiving the copy of the petition for adoption, whichever is later, submit to the court a full written report of its findings pursuant to subsection [2,] 3, which must contain, without limitation, a specific recommendation for or against approval of the petition and a statement of whether the child is known to be an Indian child, and shall furnish to the court any other information regarding the child or proposed home which the court requires. The court, on good cause shown, may extend the time, designating a time certain, within which to submit the report.
[4.] 5. If the court is dissatisfied with the report submitted by the [division,] agency which provides child welfare services or the designated child-placing agency, the court may order an independent investigation to be conducted and a report submitted by an agency or person selected by the court. The costs of the investigation and report may be assessed against the petitioner or charged against the county in which the adoption proceeding is pending.
Sec. 7. NRS 127.127 is hereby amended to read as follows:
127.127 The petitioners shall file with the court, within 15 days after the petition is filed or 5 months after the child begins to live in their home, whichever is later, an affidavit executed by them and their attorney setting forth all fees, donations and expenses paid by them in furtherance of the adoption. A copy of the affidavit must be sent to the [division.] agency which provides child welfare services. If one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, the court may waive the filing of the affidavit.
Sec. 8. NRS 127.130 is hereby amended to read as follows:
127.130 The report of either the [division] agency which provides child welfare services or the licensed child-placing agency designated by the court must not be made a matter of public record, but must be given in writing and in confidence to the district judge before whom the matter is pending. If the recommendation of the [division] agency which provides child welfare services or the designated agency is adverse, the district judge, before denying the petition, shall give the petitioner an opportunity to rebut the findings and recommendation of the report of the [division] agency which provides child welfare services or the designated agency.
Sec. 9. NRS 127.150 is hereby amended to read as follows:
127.150 1. If the court finds that the best interests of the child warrant the granting of the petition, an order or decree of adoption must be made and filed, ordering that henceforth the child is the child of the petitioners. When determining whether the best interests of the child warrant the granting of a petition that is filed by a foster parent, the court shall give strong consideration to the emotional bond between the child and the foster parent. A copy of the order or decree must be sent to the nearest office of the [division] agency which provides child welfare services by the petitioners within 7 days after the order or decree is issued. In the decree the court may change the name of the child, if desired.
๊2001 Statutes of Nevada, 17th Special Session, Page 6 (Chapter 1, AB 1)๊
change the name of the child, if desired. No order or decree of adoption may be made until after the child has lived for 6 months in the home of the petitioners.
2. If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and may order the child returned to the custody of the person or agency legally vested with custody.
3. After a petition for adoption has been granted, there is a presumption that remaining in the home of the adopting parent is in the childs best interest.
Sec. 10. NRS 127.152 is hereby amended to read as follows:
127.152 1. Except as otherwise provided in subsection 3, the [division] agency which provides child welfare services or a licensed child-placing agency shall provide the adopting parents of a child with a report which includes:
(a) A copy of any medical records of the child which are in the possession of the [division] agency which provides child welfare services or licensed child-placing agency.
(b) Any information obtained by the [division] agency which provides child welfare services or licensed child-placing agency during interviews of the natural parent regarding:
(1) The medical and sociological history of the child and the natural parents of the child; and
(2) Any behavioral, emotional or psychological problems that the child may have. Information regarding any behavioral, emotional or psychological problems that the child may have must be discussed in accordance with policies established by an agency which provides child welfare services and a child-placing agency pursuant to regulations adopted by the division for the disclosure of such information.
(c) Written information regarding any subsidies, assistance and other services that may be available to the child if it is determined pursuant to NRS 127.186 that he has any special needs.
2. The [division] agency which provides child welfare services or child-placing agency shall obtain from the adopting parents written confirmation that the adopting parents have received the report required pursuant to subsection 1.
3. The report required pursuant to subsection 1 must exclude any information that would lead to the identification of the natural parent.
Sec. 11. NRS 127.157 is hereby amended to read as follows:
127.157 1. After an order or decree of adoption has been entered, the court shall direct the petitioner or his attorney to prepare a report of adoption on a form prescribed and furnished by the state registrar of vital statistics. The report must:
(a) Identify the original certificate of birth of the person adopted;
(b) Provide sufficient information to prepare a new certificate of birth for the person adopted;
(c) Identify the order or decree of adoption; and
(d) Be certified by the clerk of the court.
2. The [division] agency which provides child welfare services shall provide the petitioner or his attorney with any factual information which will assist in the preparation of the report required in subsection 1.
๊2001 Statutes of Nevada, 17th Special Session, Page 7 (Chapter 1, AB 1)๊
3. If an order or decree of adoption is amended or annulled, the petitioner or his attorney shall prepare a report to the state registrar of vital statistics, which includes sufficient information to identify the original order or decree of adoption and the provisions of that decree which were amended or annulled.
4. The petitioner or his attorney shall forward all reports required by the provisions of this section to the state registrar of vital statistics not later than the 10th day of the month next following the month in which the order or decree was entered, or more frequently if requested by the state registrar, together with any related material the state registrar may require.
Sec. 12. NRS 127.186 is hereby amended to read as follows:
127.186 1. The [division,] agency which provides child welfare services or a child-placing agency licensed by the division pursuant to this chapter [,] may consent to the adoption of a child under 18 years of age with special needs due to race, age or physical or mental problems who is in the custody of the [division] agency which provides child welfare services or the licensed agency by proposed adoptive parents when, in the judgment of the [division] agency which provides child welfare services or the [licensed] child placing agency, it would be in the best interests of the child to be placed in that adoptive home.
2. The [division] agency which provides child welfare services or child-placing agency shall in a timely and diligent manner:
(a) Schedule any evaluations necessary to identify any special needs the child may have.
(b) If it determines that the child has any special needs:
(1) Notify the proposed adoptive parents:
(I) That they may be eligible for a grant of financial assistance pursuant to this section; and
(II) The manner in which to apply for such financial assistance; and
(2) Assist the proposed adoptive parents in applying for and satisfying any other prerequisites necessary to obtain a grant of financial assistance pursuant to this section and any other relevant subsidies and services which may be available.
3. The [division] agency which provides child welfare services may grant financial assistance for attorneys fees in the adoption proceeding, for maintenance and for preexisting physical or mental conditions to the adoptive parents of a child with special needs out of money provided for that purpose if the [administrator of the division] head of the agency which provides child welfare services or his designee has reviewed and approved in writing the grant of financial assistance.
4. The grant of financial assistance must be limited, both as to amount and duration, by agreement in writing between the [division] agency which provides child welfare services and the adoptive parents. Such an agreement must not become effective before the entry of the order of adoption.
5. Any grant of financial assistance must be reviewed and evaluated at least once annually by the [division.] agency which provides child welfare services. The evaluation must be presented for approval to the [administrator of the division.] head of the agency which provides child welfare services or his designee. Financial assistance must be discontinued immediately upon written notification to the adoptive parents by the [division] agency which provides child welfare services that continued assistance is denied.
๊2001 Statutes of Nevada, 17th Special Session, Page 8 (Chapter 1, AB 1)๊
6. All financial assistance provided under this section ceases immediately when the child attains majority, becomes self-supporting, is emancipated or dies, whichever occurs first.
7. Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance affects the legal status or respective obligations of any party to the adoption.
8. A court shall waive all court costs of the proposed adoptive parents in an adoption proceeding for a child with special needs if the [division] agency which provides child welfare services or child-placing agency consents to the adoption of such a child pursuant to this section.
9. The division, in consultation with each agency which provides child welfare services, shall adopt regulations regarding eligibility for and the procedures for applying for a grant of financial assistance pursuant to this section.
Sec. 13. NRS 127.220 is hereby amended to read as follows:
127.220 As used in NRS 127.220 to 127.310, inclusive, unless the context otherwise requires:
1. Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
2. Arrange the placement of a child means to make preparations for or bring about any agreement or understanding concerning the adoption of a child.
[2.] 3. Child-placing agency means [the division or] a nonprofit corporation organized pursuant to chapter 82 of NRS, and licensed by the division to place children for adoption or permanent free care.
[3.] 4. Person includes a hospital.
[4.] 5. Recommend the placement of a child means to suggest to a [licensed] child-placing agency that a prospective adoptive parent be allowed to adopt a specific child, born or in utero.
Sec. 14. NRS 127.230 is hereby amended to read as follows:
127.230 1. The division shall:
(a) Establish reasonable minimum standards for child-placing agencies.
(b) [Adopt regulations] In consultation with each agency which provides child welfare services, adopt:
(1) Regulations concerning the operation of an agency which provides child welfare services and child-placing agencies.
[(c) Adopt regulations]
(2) Regulations establishing the procedure to be used by an agency which provides child welfare services and a child-placing agency in placing children for adoption, which must allow the natural parent or parents and the prospective adoptive parent or parents to determine, by mutual consent, the amount of identifying information that will be communicated concerning each of them.
[(d) Adopt any]
(3) Any other regulations necessary to carry out its powers and duties regarding the adoption of children or the placement of children for adoption or permanent free care [.
2. All licensed child-placing agencies] , including, without limitation, such regulations necessary to ensure compliance with the provisions of this chapter and any regulations adopted pursuant thereto.
๊2001 Statutes of Nevada, 17th Special Session, Page 9 (Chapter 1, AB 1)๊
2. Each agency which provides child welfare services and child-placing agency shall conform to the standards established and the regulations adopted pursuant to subsection 1.
Sec. 15. NRS 127.240 is hereby amended to read as follows:
127.240 1. [No] Except as otherwise provided in this section, no person may place, arrange the placement of, or assist in placing or in arranging the placement of, any child for adoption or permanent free care without securing and having in full force a license to operate a child-placing agency issued by the division. This subsection applies to agents, servants, physicians and attorneys of parents or guardians, as well as to other persons.
2. This section does not prohibit a parent or guardian from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care if the placement is made pursuant to the provisions of NRS 127.280, 127.2805 and 127.2815.
3. This section does not prohibit [the division] an agency which provides child welfare services from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care.
4. This section does not prohibit a person, including a person acting in his professional capacity, from sharing information regarding an adoption if no money or other valuable consideration is paid:
(a) For such information; or
(b) For any other service related to the adoption that is performed after sharing information.
Sec. 16. NRS 127.275 is hereby amended to read as follows:
127.275 1. Except as otherwise provided in this section [,] :
(a) In a county whose population is less than 100,000 the division shall, in accordance with NRS 232.464 [,] ; and
(b) In a county whose population is 100,000 or more, the board of county commissioners of the county shall, by ordinance,
charge reasonable fees for the services [it] provided by an agency which provides child welfare services in placing, arranging the placement of or assisting in placing or arranging the placement of any child for adoption, and for conducting any investigation required by NRS 127.2805.
2. The fees charged for those services must vary based on criteria developed by the division [,] and board of county commissioners but must not exceed the usual and customary fees that [licensed] child-placing agencies in the area where the services are provided, or in a similar geographic area, would charge for those services. The division and board of county commissioners shall not discriminate between adoptions made through an agency and specific adoptions in setting its fees.
3. A fee must not be charged for services related to the adoption of a child with special needs.
4. [The division] An agency which provides child welfare services may waive or reduce any fee charged pursuant to this section if [it] the agency which provides child welfare services determines that the adoptive parents are not able to pay the fee or the needs of the child require a waiver or reduction of the fee.
5. Any money collected by an agency which provides child welfare services in a county whose population is less than 100,000 pursuant to this section must be accounted for in the appropriate account of the division and may be used only to pay for the costs of any adoptive or post-adoptive
๊2001 Statutes of Nevada, 17th Special Session, Page 10 (Chapter 1, AB 1)๊
services provided by [the division.] any agency which provides child welfare services in a county whose population is less than 100,000.
6. Any money collected by an agency which provides child welfare services in a county whose population is 100,000 or more pursuant to this section must be deposited in the county treasury for the credit of the agency which provides child welfare services and may be used only to pay for the costs of any adoption or post-adoptive services provided by the agency which provides child welfare services.
Sec. 17. NRS 127.280 is hereby amended to read as follows:
127.280 1. A child may not be placed in the home of prospective adoptive parents for the 30-day residence in that home which is required before the filing of a petition for adoption, except where a child and one of the prospective adoptive parents are related within the third degree of consanguinity, unless:
(a) The [division] agency which provides child welfare services or a [licensed] child-placing agency first receives written notice of the proposed placement from:
(1) The prospective adoptive parents of the child;
(2) The person recommending the placement; or
(3) A natural parent;
(b) The investigation required by the provisions of NRS 127.2805 has been completed; and
(c) In the case of a specific adoption, the natural parent placing the child for adoption has had an opportunity to review the report on the investigation of the home, if possible.
2. Upon receipt of written notice from any person other than the natural parent, the [division or licensed] agency which provides child welfare services or child-placing agency shall communicate with the natural parent to confirm his intention to place the child for adoption with the prospective adoptive parents identified in the written notice.
Sec. 18. NRS 127.2805 is hereby amended to read as follows:
127.2805 1. The [division] agency which provides child welfare services or a [licensed] child-placing agency shall, within 60 days after receipt of confirmation of the natural parents intent to place the child for adoption and a completed application for adoption from the prospective adoptive parents, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption. The investigation must also embrace any other relevant factor relating to the qualifications of the prospective adoptive parents and may be a substitute for the investigation required to be conducted by the [division] agency which provides child welfare services on behalf of the court when a petition for adoption is pending, if the petition for adoption is filed within 6 months after the completion of the investigation required by this subsection. If a [licensed] child-placing agency undertakes the investigation, it shall provide progress reports to the [division] agency which provides child welfare services in such a format and at such times as the [division] agency which provides child welfare services requires to ensure that the investigation will be completed within the 60-day period. If, at any time, the [division] agency which provides child welfare services determines that it is unlikely that the investigation will be completed in a timely manner, the [division] agency which provides child welfare services shall take over the investigation and complete it within the 60-day period or as soon thereafter as practicable.
๊2001 Statutes of Nevada, 17th Special Session, Page 11 (Chapter 1, AB 1)๊
which provides child welfare services shall take over the investigation and complete it within the 60-day period or as soon thereafter as practicable.
2. If the placement is to be made in a home outside of this state, the [division or licensed] agency which provides child welfare services or child-placing agency must receive a copy of a report, completed by the appropriate authority, of an investigation of the home and the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption, unless the child and one of the prospective adoptive parents are related within the third degree of consanguinity.
Sec. 19. NRS 127.281 is hereby amended to read as follows:
127.281 1. A prospective adoptive parent who is subject to an investigation by the [division] agency which provides child welfare services or a child-placing agency must submit as part of the investigation a complete set of his fingerprints and written permission authorizing the [division] agency which provides child welfare services or child-placing agency to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation.
2. The [division] agency which provides child welfare services or child-placing agency may exchange with the central repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.
3. When a report from the Federal Bureau of Investigation is received by the central repository, it shall immediately forward a copy of the report to the [division] agency which provides child welfare services or child-placing agency that submitted the fingerprints.
4. Any fees for fingerprinting and submission to the central repository and the Federal Bureau of Investigation must be paid by the prospective adoptive parent, except that :
(a) In a county whose population is less than 100,000, the division may adopt regulations providing for the payment of those fees by the division [.] ; or
(b) In a county whose population is 100,000 or more, the board of county commissioners may provide by ordinance for the payment of those fees by the agency which provides child welfare services.
Sec. 20. NRS 127.2815 is hereby amended to read as follows:
127.2815 1. Pending completion of the required investigation, the child must be:
(a) Retained by the natural parent; or
(b) Placed by the natural parent with the [division or licensed] agency which provides child welfare services or child-placing agency and placed by [it] the agency which provides child welfare services in a foster home licensed [by the division,] pursuant to NRS 424.030,
until a determination is made concerning the suitability of the prospective adoptive parents.
2. Upon completion of the investigation, the [division or licensed] agency which provides child welfare services or child-placing agency shall forthwith inform the natural parent, the person recommending the placement and the prospective adoptive parents of the decision to approve or deny the placement. If the prospective adoptive home is found:
๊2001 Statutes of Nevada, 17th Special Session, Page 12 (Chapter 1, AB 1)๊
(a) Suitable, the natural parent may execute a consent to a specific adoption pursuant to NRS 127.053, if not previously executed, and then the child may be placed in the home of the prospective adoptive parents for the purposes of adoption.
(b) Unsuitable or detrimental to the interest of the child, the [division or licensed] agency which provides child welfare services or child-placing agency shall file an application in the district court for an order prohibiting the placement. If the court determines that the placement should be prohibited, the court may nullify the written consent to the specific adoption and order the return of the child to the care and control of the parent who executed the consent, but if the parental rights of the parent have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent does not wish to accept the child, then the court may order the placement of the child with the [division] agency which provides child welfare services or a [licensed] child-placing agency for adoption.
Sec. 21. NRS 127.2817 is hereby amended to read as follows:
127.2817 1. The division , in consultation with each agency which provides child welfare services, shall adopt regulations setting forth the criteria to be used by [the division] an agency which provides child welfare services or a [licensed] child-placing agency for determining whether a prospective adoptive home is suitable or unsuitable for the placement of a child for adoption.
2. Upon the completion of an investigation conducted by [the division] an agency which provides child welfare services or a [licensed] child-placing agency pursuant to NRS 127.120 or 127.2805, the [division] agency which provides child welfare services or child-placing agency shall inform the prospective adoptive parent or parents of the results of the investigation. If, pursuant to the investigation, a determination is made that a prospective adoptive home is unsuitable for placement or detrimental to the interest of the child, the [division] agency which provides child welfare services or child-placing agency shall provide the prospective adoptive parent or parents with an opportunity to review and respond to the investigation with the [division] agency which provides child welfare service or child-placing agency before the issuance of the results of the investigation. The identity of those persons who are interviewed or submit information concerning the investigation must remain confidential.
Sec. 22. NRS 127.282 is hereby amended to read as follows:
127.282 1. Whenever the [division] agency which provides child welfare services believes that anyone has violated or is about to violate any of the provisions of this chapter, in addition to any other penalty or remedy provided:
(a) The [division] agency which provides child welfare services may petition the appropriate district court for an order to restrain and enjoin the violation or threatened violation of any of the provisions of this chapter, or to compel compliance with the provisions of this chapter; and
(b) The court shall, if a child has been or was about to be placed in a prospective adoptive home in violation of the provisions of this chapter:
(1) Prohibit the placement if the child was about to be so placed, or order the removal of the child if the child was so placed within 6 months before the filing of the [divisions petition,] petition by the agency which provides child welfare services and proceed pursuant to paragraph (b) of subsection 2 of NRS 127.2815; or
๊2001 Statutes of Nevada, 17th Special Session, Page 13 (Chapter 1, AB 1)๊
provides child welfare services and proceed pursuant to paragraph (b) of subsection 2 of NRS 127.2815; or
(2) Proceed pursuant to paragraph (b) of subsection 2 of NRS 127.2815 in all other cases if the court determines that it is in the best interest of the child that the child should be removed.
2. Whenever the [division] agency which provides child welfare services believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and the required written notice has not been given, if the [division] agency which provides child welfare services does not proceed pursuant to subsection 1, it shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adoptive parents must be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within that time a license as a foster home must thereafter be issued [by the division] pursuant to NRS 424.030 if the home meets established standards. If, in the opinion of the [division,] agency which provides child welfare services, the placement is detrimental to the interest of the child, the [division] agency which provides child welfare services shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to paragraph (b) of subsection 2 of NRS 127.2815.
Sec. 23. NRS 127.283 is hereby amended to read as follows:
127.283 1. [The division] An agency which provides child welfare services or any child-placing agency [licensed pursuant to this chapter] may publish in any newspaper published in this state or broadcast by television a photograph of and relevant personal information concerning any child who is difficult to place for adoption.
2. A child-placing agency shall not publish or broadcast:
(a) Any personal information which reveals the identity of the child or his parents; or
(b) A photograph or personal information for a child without the prior approval of the agency having actual custody of the child.
Sec. 24. NRS 127.285 is hereby amended to read as follows:
127.285 1. Any attorney licensed to practice in this state or in any other state:
(a) May not receive compensation for:
(1) Taking part in finding children for adoption; or
(2) Finding parents to adopt children.
(b) May receive a reasonable compensation for legal services provided in relation to adoption proceedings.
2. [The division] An agency which provides child welfare services shall report any violation of subsection 1 to the State Bar of Nevada if the alleged violator is licensed to practice in this state, or to the bar association of the state in which the alleged violator is licensed to practice.
3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 25. NRS 127.310 is hereby amended to read as follows:
127.310 1. Except as otherwise provided in NRS 127.240, 127.283 and 127.285, any person or organization other than [the division] an agency which provides child welfare services who, without holding a valid unrevoked license to place children for adoption issued by the division:
๊2001 Statutes of Nevada, 17th Special Session, Page 14 (Chapter 1, AB 1)๊
(a) Places, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or
(b) Advertises in any periodical or newspaper, or by radio or other public medium, that he will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption,
is guilty of a misdemeanor.
2. Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of NRS 127.280, 127.2805 and 127.2815 is guilty of a misdemeanor.
3. A periodical, newspaper, radio station or other public medium is not subject to any criminal penalty or civil liability for publishing or broadcasting an advertisement that violates the provisions of this section.
Sec. 26. Chapter 128 of NRS is hereby amended by adding thereto a new section to read as follows:
Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
Sec. 27. NRS 128.010 is hereby amended to read as follows:
128.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 128.011 to 128.018, inclusive, and section 26 of this act, have the meanings ascribed to them in those sections.
Sec. 28. NRS 128.013 is hereby amended to read as follows:
128.013 1. Injury to a childs health or welfare occurs when the parent, guardian or custodian:
(a) Inflicts or allows to be inflicted upon the child, physical, mental or emotional injury, including injuries sustained as a result of excessive corporal punishment;
(b) Commits or allows to be committed against the child, sexual abuse as defined in NRS 432B.100;
(c) Neglects or refuses to provide for the child proper or necessary subsistence, education or medical or surgical care, although he is financially able to do so or has been offered financial or other reasonable means to do so; or
(d) Fails, by specific acts or omissions, to provide the child with adequate care, supervision or guardianship under circumstances requiring the intervention of:
(1) [The division of child and family services of the department of human resources;
(2) A county agency authorized by the juvenile court or family court to receive and investigate reports of abuse or neglect of a child pursuant to NRS 432B.300; or
(3)] An agency which provides child welfare services; or
(2) The juvenile or family court itself.
2. A childs health or welfare is not considered injured solely because his parent or guardian, in the practice of his religious beliefs, selects and depends upon nonmedical remedial treatment for the child, if such treatment is recognized and permitted under the laws of this state.
Sec. 29. NRS 128.040 is hereby amended to read as follows:
128.040 The [administrator of the division of child and family services of the department of human resources, or his agent,] agency which provides child welfare services, the probation officer, or any other person, including the mother of an unborn child, may file with the clerk of the court a petition under the terms of this chapter.
๊2001 Statutes of Nevada, 17th Special Session, Page 15 (Chapter 1, AB 1)๊
the mother of an unborn child, may file with the clerk of the court a petition under the terms of this chapter. The probation officer of that county or any agency or person designated by the court shall make such investigations at any stage of the proceedings as the court may order or direct.
Sec. 30. NRS 6.155 is hereby amended to read as follows:
6.155 1. Each board of county commissioners may establish and maintain a program whereby a person may forfeit any money that he is entitled to receive pursuant to NRS 6.150 for his services and expenses and have that money donated to an agency which provides [protective] child welfare services and that is located in the county in which the person is serving as a juror. Any money donated through a program established pursuant to this section must be used only for a program or activity which is designed to prevent the abuse or neglect of a child or to benefit an abused or neglected child.
2. As used in this section:
(a) Abuse or neglect of a child has the meaning ascribed to it in NRS 432B.020.
(b) Agency which provides [protective] child welfare services has the meaning ascribed to it in NRS 432B.030.
Sec. 31. NRS 62.880 is hereby amended to read as follows:
62.880 1. In carrying out the objects and purposes of this chapter, the juvenile court may use the services and facilities of the [division of child and family services of the department of human resources provided by such division pursuant to the provisions of chapter 432 of NRS and NRS 432B.010 to 432B.400, inclusive.
2. The division of child and family] agency which provides child welfare services.
2. The agency which provides child welfare services shall determine the plans, placements and services to be provided any child pursuant to this chapter, chapter 432 of NRS and NRS 432B.010 to 432B.400, inclusive.
3. As used in this section, agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
Sec. 32. NRS 159.044 is hereby amended to read as follows:
159.044 1. Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any concerned person may petition the court for the appointment of a guardian.
2. The petition must state:
(a) The name and address of the petitioner.
(b) The name, age and address of the proposed ward. If he is a minor, the petition must state the date on which he will attain the age of majority and whether he will need guardianship after attaining the age of majority.
(c) Whether the proposed ward is a resident or nonresident of this state.
(d) The names and addresses, so far as they are known to the petitioner, of the relatives of the proposed ward within the second degree.
(e) The name and address of the proposed guardian.
(f) That the proposed guardian has never been convicted of a felony.
(g) A summary of the reasons why a guardian is needed.
(h) Whether the appointment of a general or a special guardian is sought.
(i) A general description and the probable value of the property of the proposed ward and any income to which he is entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.
๊2001 Statutes of Nevada, 17th Special Session, Page 16 (Chapter 1, AB 1)๊
money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.
(j) The name and address of any person or institution having the care, custody or control of the proposed ward.
(k) The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment.
(l) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.
(m) Whether the guardianship is sought as the result of an investigation of a report of abuse or neglect that is conducted pursuant to chapter 432B of NRS by an agency which provides [protective] child welfare services. As used in this paragraph, agency which provides [protective] child welfare services has the meaning ascribed to it in NRS 432B.030.
Sec. 33. NRS 179A.100 is hereby amended to read as follows:
179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the central repository.
3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.
4. The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information.
5. Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The state gaming control board.
(d) The state board of nursing.
๊2001 Statutes of Nevada, 17th Special Session, Page 17 (Chapter 1, AB 1)๊
(e) The private investigators licensing board to investigate an applicant for a license.
(f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.
(g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.
(h) Any agency of criminal justice of the United States or of another state or the District of Columbia.
(i) Any public utility subject to the jurisdiction of the public utilities commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.
(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
(k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
(l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.
(m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
(n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
(o) [The division of child and family services of the department of human resources and any county agency that is operated pursuant to NRS 432B.325 or authorized by a court of competent jurisdiction to receive and investigate reports of abuse or neglect of children and which provides or arranges for protective services for such children.] An agency which provides child welfare services, as defined in NRS 432B.030.
(p) The welfare division of the department of human resources or its designated representative.
(q) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Title IV of the Social Security Act , [(] 42 U.S.C. งง 651 et seq. [).]
(r) The state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.
6. Agencies of criminal justice in this state which receive information from sources outside this state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
Sec. 34. NRS 200.359 is hereby amended to read as follows:
200.359 1. A person having a limited right of custody to a child by operation of law or pursuant to an order, judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who:
๊2001 Statutes of Nevada, 17th Special Session, Page 18 (Chapter 1, AB 1)๊
(a) In violation of an order, judgment or decree of any court willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child; or
(b) In the case of an order, judgment or decree of any court that does not specify when the right to physical custody or visitation is to be exercised, removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation,
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A parent who has joint legal custody of a child pursuant to NRS 125.465 shall not willfully conceal or remove the child from the custody of the other parent with the specific intent to deprive the other parent of the parent and child relationship. A person who violates this subsection shall be punished as provided in subsection 1.
3. If the mother of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the father of the child shall not willfully conceal or remove the child from the physical custody of the mother. If the father of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the mother of the child shall not willfully conceal or remove the child from the physical custody of the father. A person who violates this subsection shall be punished as provided in subsection 1.
4. Before an arrest warrant may be issued for a violation of this section, the court must find that:
(a) This is the home state of the child, as defined in subsection 5 of NRS 125A.040; and
(b) There is cause to believe that the entry of a court order in a civil proceeding brought pursuant to chapter 125, 125A or 125C of NRS will not be effective to enforce the rights of the parties and would not be in the best interests of the child.
5. Upon conviction for a violation of this section, the court shall order the defendant to pay restitution for any expenses incurred in locating or recovering the child.
6. The prosecuting attorney may recommend to the judge that the defendant be sentenced as for a misdemeanor and the judge may impose such a sentence if he finds that:
(a) The defendant has no prior conviction for this offense and the child has suffered no substantial harm as a result of the offense; or
(b) The interests of justice require that the defendant be punished as for a misdemeanor.
7. A person who aids or abets any other person to violate this section shall be punished as provided in subsection 1.
8. This section does not apply to a person who detains, conceals or removes a child to protect the child from the imminent danger of abuse or neglect or to protect himself from imminent physical harm, and reported the detention, concealment or removal to a law enforcement agency or an agency which provides [protective] child welfare services within 24 hours after detaining, concealing or removing the child, or as soon as the circumstances allowed. As used in this subsection:
(a) Abuse or neglect has the meaning ascribed to it in paragraph (a) of subsection 3 of NRS 200.508.
๊2001 Statutes of Nevada, 17th Special Session, Page 19 (Chapter 1, AB 1)๊
(b) Agency which provides [protective] child welfare services has the meaning ascribed to it in NRS 432B.030.
Sec. 35. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 36 to 39, inclusive, of this act.
Sec. 36. As used in sections 36 to 39, inclusive, of this act, committee means the legislative committee on children, youth and families.
Sec. 37. 1. There is hereby established a legislative committee on children, youth and families consisting of:
(a) Five members appointed by the majority leader of the senate, at least two of whom were members of the committee on finance during the immediately preceding legislative session; and
(b) Five members appointed by the speaker of the assembly, at least two of whom were members of the committee on ways and means during the immediately preceding legislative session.
2. The members of the committee shall elect a chairman and vice chairman from among their members. The chairman must be elected from one house of the legislature and the vice chairman from the other house. After the initial election of a chairman and vice chairman, each of those officers holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the committee shall elect a replacement for the remainder of the unexpired term.
3. Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the legislature.
4. Vacancies on the committee must be filled in the same manner as the original appointments.
Sec. 38. 1. The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee.
2. The director of the legislative counsel bureau or his designee shall act as the nonvoting recording secretary.
3. The committee shall prescribe regulations for its own management and government.
4. Except as otherwise provided in subsection 5, six voting members of the committee constitute a quorum.
5. Any recommended legislation proposed by the committee must be approved by a majority of the members of the senate and by a majority of the members of the assembly appointed to the committee.
6. Except during a regular or special session of the legislature, the members of the committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207 for each day or portion of a day of attendance at a meeting of the committee and while engaged in the business of the committee. The salaries and expenses paid pursuant to this subsection and the expenses of the committee must be paid from the legislative fund.
Sec. 39. The committee shall:
1. Study and comment upon issues related to the provision of child welfare services within this state, including, without limitation:
๊2001 Statutes of Nevada, 17th Special Session, Page 20 (Chapter 1, AB 1)๊
(a) Programs for the provision of child welfare services;
(b) Licensing and reimbursement of providers of foster care;
(c) Mental health services; and
(d) Compliance with federal requirements.
2. Receive progress reports and testimony from the division of child and family services of the department of human resources on the activities of each mental health consortium established pursuant to section 121 of this act.
3. Conduct investigations and hold hearings in connection with its powers pursuant to this section.
4. Request that the legislative counsel bureau assist in the study of issues related to the provision of child welfare services within this state.
5. Make recommendations to the legislature concerning the manner in which the provision of child welfare services within this state may be improved.
Sec. 40. NRS 232.400 is hereby amended to read as follows:
232.400 1. The purposes of the division [of child and family services in the department] are to:
(a) Provide a comprehensive state system for the coordination and provision of services to children and families who need assistance relating to juvenile justice and the care, welfare and mental health of children.
(b) Aid in the preservation, rehabilitation and reunification of families.
(c) Ensure that children are placed in the least restrictive environment available which is appropriate to their needs.
(d) [Provide] Coordinate and provide services for youth who are in need of residential care or in need of treatment or both.
2. In accomplishing its purposes, the division shall:
(a) Establish and [operate a central, comprehensive state] coordinate a system for:
(1) The diagnosis and assessment of the needs of particular children and families, including those in need of multiple services;
(2) The referral of children and families to appropriate services; and
(3) The management and monitoring of cases in which children and families are referred to multiple services.
(b) [Provide] Plan and coordinate the provision of services for the support of families to:
(1) Maintain the integrity of families;
(2) Ensure that children are not unnecessarily removed from their homes; and
(3) Ensure that families are reunited as soon as practicable after the removal of children from their homes.
(c) Ensure that a sufficient range of services is available to provide care and treatment to children and families in the least restrictive setting appropriate to their needs.
(d) Work closely with other governmental agencies and with public and private agencies providing the same or similar services.
3. The division shall develop standards for carrying out programs aimed toward the prevention of delinquent acts of children and programs for the treatment of those brought to its attention. It shall assist in the development of programs for the predelinquent children whose behavior tends to lead them into contact with law enforcement agencies.
๊2001 Statutes of Nevada, 17th Special Session, Page 21 (Chapter 1, AB 1)๊
4. The division shall develop and assist in carrying out programs for the diversion of juveniles out of the judicial system and programs for the aftercare of juveniles who have been released from state institutions, who have been brought before the juvenile court or family court or have otherwise come into contact with law enforcement agencies. The administrator of the division shall observe and evaluate the success of those programs.
Sec. 41. NRS 392.126 is hereby amended to read as follows:
392.126 1. There is hereby created in each county at least one advisory board to review school attendance. The membership of each such board may consist of:
(a) One probation officer in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;
(b) One representative of a law enforcement agency in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;
(c) One representative of the district attorney for the county, appointed by the district attorney;
(d) One parent or legal guardian of a pupil who is enrolled in a public school in the county, or his designee or alternate who is also a parent or legal guardian, appointed by the president of the board of trustees of the school district;
(e) One member of the board of trustees of the school district, appointed by the president of the board of trustees;
(f) One school counselor or school teacher employed by the school district, appointed by an organization or association that represents licensed educational personnel in the school district;
(g) One deputy sheriff in the county, appointed by the sheriff of the county; and
(h) One representative of the [local office of the division of child and family services of the department of human resources, appointed by the executive head of that office.] agency which provides child welfare services, as defined in NRS 432B.030.
2. The members of each such board shall elect a chairman from among their membership.
3. Each member of such a board must be appointed for a term of 2 years. A vacancy in the membership of the board must be filled in the same manner as the original appointment for the remainder of the unexpired term.
4. Each member of such a board serves without compensation, except that, for each day or portion of a day during which a member of the board attends a meeting of the board or is otherwise engaged in the business of the board, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The board of trustees of the school district shall pay the per diem allowance and travel expenses from the general fund of the school district.
Sec. 42. NRS 392.165 is hereby amended to read as follows:
392.165 1. The board of trustees of a school district and the governing body of a charter school shall not allow a child to be permanently enrolled in any school in the district or any charter school until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the childs identity and, if applicable, a copy of the childs records from the school he most recently attended.
๊2001 Statutes of Nevada, 17th Special Session, Page 22 (Chapter 1, AB 1)๊
the childs identity and, if applicable, a copy of the childs records from the school he most recently attended.
2. Except as otherwise provided in subsection 3, a child must be enrolled in a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the board of trustees of the school district or the governing body of a charter school to enroll the child under a name other than the name which appears in the identifying document or records.
3. A child who is in the custody of the [division of child and family services of the department of human resources] agency which provides child welfare services, as defined in NRS 432B.030, may be enrolled in a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.
4. If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally enrolled, the principal, superintendent or governing body of a charter school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.
Sec. 43. NRS 392.210 is hereby amended to read as follows:
392.210 1. Except as otherwise provided in subsection 2, a parent, guardian or other person who has control or charge of any child and to whom notice has been given of the childs truancy as provided in NRS 392.130 and 392.140, and who fails to prevent the childs subsequent truancy within that school year, is guilty of a misdemeanor.
2. A person who is licensed [by the division of child and family services of the department of human resources] pursuant to NRS 424.030 to conduct a family foster home or group foster home is liable pursuant to subsection 1 for a child in his foster care only if the person has received notice of the truancy of the child as provided in NRS 392.130 and 392.140, and negligently fails to prevent the subsequent truancy of the child within that school year.
Sec. 44. NRS 394.145 is hereby amended to read as follows:
394.145 1. A private elementary or secondary school in this state shall not permanently admit any child until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the childs identity and, if applicable, a copy of the childs records from the school he most recently attended.
2. Except as otherwise provided in subsection 3, a child must be admitted to a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the principal or other person in charge of that school to admit the child under a name other than the name which appears in the identifying document or records.
3. A child who is in the custody of the [division of child and family services of the department of human resources] agency which provides child welfare services, as defined in NRS 432B.030, may be admitted to a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.
๊2001 Statutes of Nevada, 17th Special Session, Page 23 (Chapter 1, AB 1)๊
4. If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally admitted, the principal or other person in charge of the school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.
5. Any parent, guardian or other person who, with intent to deceive under this section:
(a) Presents a false birth certificate or record of attendance at school; or
(b) Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4,
of a child under 17 years of age who is under his control or charge, is guilty of a misdemeanor.
Sec. 45. Chapter 424 of NRS is hereby amended by adding thereto a new section to read as follows:
Licensing authority means:
1. In a county whose population is 100,000 or more, the agency which provides child welfare services, as defined in NRS 432B.030; and
2. In a county whose population is less than 100,000, the division.
Sec. 46. NRS 424.010 is hereby amended to read as follows:
424.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 424.012 to 424.017, inclusive, and section 45 of this act have the meanings ascribed to them in those sections.
Sec. 47. NRS 424.013 is hereby amended to read as follows:
424.013 Family foster home means a family home in which one to six children under [16] 18 years of age not related [by blood, adoption or marriage] within the first degree of consanguinity or affinity to the person or persons maintaining the home are received, cared for and maintained, for compensation or otherwise, including the provision of permanent free care. The term includes a family home in which such a child is received, cared for and maintained pending completion of proceedings for the adoption of the child by the person or persons maintaining the home.
Sec. 48. NRS 424.015 is hereby amended to read as follows:
424.015 Group foster home means a natural person, partnership, firm, corporation or association who provides full-time care for 7 to 15 children who are:
1. Under [16] 18 years of age;
2. Not related [by blood, adoption or marriage] within the first degree of consanguinity or affinity to any natural person maintaining or operating the home; and
3. Received, cared for and maintained for compensation or otherwise, including the provision of permanent free care.
Sec. 49. NRS 424.017 is hereby amended to read as follows:
424.017 Provider of family foster care means a person who is licensed [by the division] to conduct a family foster home pursuant to NRS 424.030.
Sec. 50. NRS 424.020 is hereby amended to read as follows:
424.020 1. The division, in consultation with each licensing authority in a county whose population is 100,000 or more, shall adopt regulations to:
(a) Establish procedures and requirements for the licensure of family foster homes and group foster homes; and
๊2001 Statutes of Nevada, 17th Special Session, Page 24 (Chapter 1, AB 1)๊
(b) Monitor such licensure.
2. The division, in cooperation with the state board of health and the state fire marshal, shall:
(a) Establish reasonable minimum standards for family foster homes and group foster homes.
(b) Prescribe rules for the regulation of family foster homes and group foster homes.
[2. All licensed]
3. All family foster homes and group foster homes licensed pursuant to this chapter must conform to the standards established and the rules prescribed in subsection [1.] 2.
Sec. 51. NRS 424.030 is hereby amended to read as follows:
424.030 1. No person may conduct a family foster home or a group foster home without receiving a license to do so from the [division.
2. Except as otherwise provided in subsection 4, no] licensing authority.
2. No license may be issued to a family foster home or a group foster home until a fair and impartial investigation of the home and its standards of care has been made by the [division or a child-placing agency licensed by the division.] licensing authority or its designee.
3. Any family foster home or group foster home that conforms to the established standards of care and prescribed rules must receive a regular license from the [division,] licensing authority, which must be in force for 1 year after the date of issuance. On reconsideration of the standards maintained, the license may be renewed annually.
4. [When, because of an emergency situation, a child must be placed before completion of the licensing investigation, a family foster home or group foster home may be issued a provisional license for a period not to exceed 3 months, renewable for one additional period not to exceed 3 months. A provisional license may be issued to a foster home only after determination that the health and safety of the child or children placed therein will not be jeopardized. If at any time during the period a provisional license is in effect, it is determined that the foster home does not meet minimum licensing standards, the provisional license must be revoked and any child or children placed in the foster home must be promptly removed by the placing agency. If, on or before the expiration date of the provisional license, it has been determined that the foster home meets minimum licensing standards, a regular license must be issued pursuant to the provisions of subsection 3, to be in force for 1 year after the date of issuance.
5. When] If a family foster home or group foster home does not meet minimum licensing standards but offers values and advantages to a particular child or children and will not jeopardize the health and safety of the child or children placed therein, the family foster home or group foster home may be issued a special license, which must be in force for 1 year after the date of issuance and may be renewed annually. No foster children other than those specified on the license may be cared for in the home.
[6.] 5. The license must show:
(a) The name of the persons licensed to conduct the family foster home or group foster home.
(b) The exact location of the family foster home or group foster home.
(c) The number of children that may be received and cared for at one time.
๊2001 Statutes of Nevada, 17th Special Session, Page 25 (Chapter 1, AB 1)๊
(d) If the license is a special license issued pursuant to subsection [5,] 4, the name of the child or children for whom the family foster home or group foster home is licensed to provide care.
[7.] 6. No family foster home or group foster home may receive for care more children than are specified in the license.
7. In consultation with each licensing authority in a county whose population is 100,000 or more, the division may adopt regulations regarding the issuance of provisional and special licenses.
Sec. 52. NRS 424.031 is hereby amended to read as follows:
424.031 1. The [division] licensing authority or a person or entity designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for a license to conduct a foster home, prospective employee of that applicant or of a person who is licensed to conduct a foster home, and resident of a foster home who is 18 years of age or older, to determine whether the person investigated has been arrested for or convicted of any crime.
2. The [division] licensing authority or its approved designee may charge each person investigated pursuant to this section for the reasonable cost of that investigation.
Sec. 53. NRS 424.033 is hereby amended to read as follows:
424.033 1. Each applicant for a license to conduct a foster home, prospective employee of that applicant or of a person who is licensed to conduct a foster home, or resident of a foster home who is 18 years of age or older [shall] must submit to the [division] licensing authority or its approved designee a complete set of his fingerprints and written permission authorizing the [division] licensing authority or its approved designee to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report to enable the [division] licensing authority or its approved designee to conduct an investigation pursuant to NRS 424.031.
2. The [division] licensing authority or its approved designee may exchange with the central repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.
3. When a report from the Federal Bureau of Investigation is received by the central repository, it shall immediately forward a copy of the report to the [division.] licensing authority or its approved designee.
Sec. 54. NRS 424.036 is hereby amended to read as follows:
424.036 Before issuing a license to conduct a family foster home pursuant to NRS 424.030, the [division] licensing authority shall discuss with the applicant and, to the extent possible, ensure that the applicant understands:
1. The role of a provider of family foster care, the [division] licensing authority and the members of the immediate family of a child placed in a family foster home; and
2. The personal skills which are required of a provider of family foster care and the other residents of a family foster home to provide effective foster care.
Sec. 55. NRS 424.037 is hereby amended to read as follows:
424.037 1. Before placing a child with a provider of family foster care, the [division] licensing authority shall inform the provider of the plans, if any, which the [division] licensing authority has developed relating to the provision of care required for that child.
๊2001 Statutes of Nevada, 17th Special Session, Page 26 (Chapter 1, AB 1)๊
provision of care required for that child. If the plan for the child changes, the [division] licensing authority shall inform the provider of family foster care of the changes and the reasons for those changes.
2. The [division] licensing authority shall consult with a provider of family foster care concerning the care to be provided to a child placed with the provider, including appropriate disciplinary actions that may be taken.
3. If issues concerning the health, safety or care of a child occur during the placement of the child with a provider of family foster care, the [division] licensing authority shall:
(a) Consider the daily routine of the provider when determining how to respond to those issues; and
(b) To the extent possible, respond to those issues in a manner which is the least disruptive to that daily routine, unless that response would not be in the best interest of the child.
Sec. 56. NRS 424.038 is hereby amended to read as follows:
424.038 1. Before placing, and during the placement of, a child in a family foster home, the [division] licensing authority shall provide to the provider of family foster care such information relating to the child as is necessary to ensure the health and safety of the child and the other residents of the family foster home. This information must include the medical history and previous behavior of the child to the extent that such information is available.
2. The provider of family foster care may at any time before, during or after the placement of the child in his family foster home, request information about the child from the [division.] licensing authority. After the child has left the care of the provider, the [division] licensing authority shall provide the information requested by the provider, unless the information is otherwise declared to be confidential by law or the [division] licensing authority determines that providing the information is not in the best interests of the child.
3. The provider of family foster care shall maintain the confidentiality of information obtained pursuant to this section under the terms and conditions otherwise required by law.
Sec. 57. NRS 424.040 is hereby amended to read as follows:
424.040 [The division, or its authorized agent,] A licensing authority or its designee shall visit every licensed family foster home and group foster home as often as necessary to ensure that proper care is given to the children.
Sec. 58. NRS 424.047 is hereby amended to read as follows:
424.047 1. [The division] A licensing authority shall, upon request, provide to a provider of family foster care access to all information, except references, in the records maintained by the [division] licensing authority concerning that provider.
2. After reasonable notice and by appointment, a provider of family foster care may inspect the information kept in those records.
Sec. 59. NRS 424.050 is hereby amended to read as follows:
424.050 Whenever [the division] a licensing authority is advised or has reason to believe that any person is conducting or maintaining a foster home for children without a license, as required by this chapter, the [division] licensing authority shall have an investigation made. If the person is conducting a foster home, the [division] licensing authority shall either issue a license or take action to prevent continued operation of the foster home.
๊2001 Statutes of Nevada, 17th Special Session, Page 27 (Chapter 1, AB 1)๊
Sec. 60. NRS 424.060 is hereby amended to read as follows:
424.060 If the [division] licensing authority at any time finds that a child in a foster home is subject to undesirable influences or lacks proper or wise care and management, the [division] licensing authority shall notify any agency or institution that has placed the child in the home to remove the child from the home. If the child is in a foster home where he has been placed by his parents, relatives or other persons independently of any agency, the [division] licensing authority shall take necessary action to remove the child and arrange for his care.
Sec. 61. NRS 424.070 is hereby amended to read as follows:
424.070 No person other than the parents or guardian of a child and no agency or institution in this state or from outside this state may place any child in the control or care of any person without sending notice of the pending placement and receiving approval of the placement from the division [.] or its designee. No such person, parent, guardian, agency or institution may place a child for adoption except as otherwise provided in chapter 127 of NRS.
Sec. 62. NRS 424.075 is hereby amended to read as follows:
424.075 1. A provider of family foster care may:
(a) Refuse to accept the placement of a child in his family foster home; or
(b) Request that a child placed in his family foster home be removed,
unless the provider has a written agreement with the [division] licensing authority to the contrary.
2. If a provider of family foster care refuses to accept the placement of a child in, or requests the removal of a child from, his family foster home, the [division] licensing authority may not, based solely on that refusal or request:
(a) Revoke the license of the provider to conduct a family foster home;
(b) Remove any other child placed in the family foster home;
(c) Refuse to consider future placements of children in the family foster home; or
(d) Refuse or deny any other rights of the provider as may be provided by the provisions of this chapter and any regulations adopted pursuant thereto.
Sec. 63. NRS 424.077 is hereby amended to read as follows:
424.077 1. The division shall [establish, by regulation,] , in consultation with each licensing authority in a county whose population is 100,000 or more, adopt regulations for the establishment of a program pursuant to which a provider of family foster care may receive respite from the stresses and responsibilities that result from the daily care of children placed in his family foster home.
2. The [division shall provide] licensing authority shall establish and operate a program that complies with the regulations adopted pursuant to subsection 1 to provide respite, training and support to a provider of family foster care in order to develop and enhance the skills of the provider to provide foster care.
Sec. 64. NRS 424.079 is hereby amended to read as follows:
424.079 Upon the request of a provider of family foster care, the [division] licensing authority shall allow the provider to visit a child after the child leaves the care of the provider if:
1. The child agrees to the visitation; and
๊2001 Statutes of Nevada, 17th Special Session, Page 28 (Chapter 1, AB 1)๊
2. The [division] licensing authority determines that the visitation is in the best interest of the child.
Sec. 65. NRS 424.085 is hereby amended to read as follows:
424.085 1. Except as otherwise provided by specific statute, a person who is licensed by the [division] licensing authority pursuant to NRS 424.030 to conduct a family foster home or group foster home is not liable for any act of a child in his foster care unless the person licensed by the [division] licensing authority took an affirmative action that contributed to the act of the child.
2. The immunity from liability provided pursuant to this section includes, without limitation, immunity from any fine, penalty, debt or other liability incurred as a result of the act of the child.
Sec. 66. NRS 424.090 is hereby amended to read as follows:
424.090 The provisions of this chapter do not apply to homes in which:
1. Care is provided only for a neighbors or friends child on an irregular or occasional basis for a brief period, not to exceed 90 days.
2. Care is provided by the legal guardian.
3. Care is provided for an exchange student.
4. Care is provided to enable a child to take advantage of educational facilities that are not available in his home community.
5. Any child or children are received, cared for and maintained pending completion of proceedings for adoption of such child or children, except as otherwise provided in [NRS 127.2815.] regulations adopted by the division.
6. Except as otherwise provided in regulations adopted by the division, care is voluntarily provided to a minor child who is:
(a) Related to the caretaker by blood, adoption or marriage; and
(b) Not in the custody of an agency which provides child welfare services.
Sec. 67. Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The head of the agency which provides child welfare services in a county whose population is 100,000 or more shall furnish to the county comptroller and the administrator of the division a full, true and correct list of claimants in the county who are entitled to payment for the care and services provided for in NRS 432.010 to 432.085, inclusive, and of the amount to be paid to each of them, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled pursuant to NRS 432.010 to 432.085, inclusive. The list is subject to revision by the head of the agency which provides child welfare services to make it conform to such changes as may be made pursuant to the terms of NRS 432.010 to 432.085, inclusive.
2. The total amount of federal and state money to which each claimant is entitled pursuant to the provisions of NRS 432.010 to 432.085, inclusive, must be paid in the manner provided in NRS 244.210.
Sec. 68. NRS 432.010 is hereby amended to read as follows:
432.010 As used in this chapter, except as otherwise defined by specific statute or unless the context otherwise requires:
1. Administrator means the administrator of the division.
2. Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
3. Child means a person less than 18 years of age, or if in school, until graduation from high school.
๊2001 Statutes of Nevada, 17th Special Session, Page 29 (Chapter 1, AB 1)๊
[3.] 4. Division means the division of child and family services of the department of human resources.
[4.] 5. Maintenance means general expenses for care such as board, shelter, clothing, transportation and other necessary or incidental expenses, or any of them, or monetary payments therefor.
[5.] 6. Special services means medical, hospital, psychiatric, surgical or dental services, or any combination thereof.
Sec. 69. NRS 432.020 is hereby amended to read as follows:
432.020 [The division] An agency which provides child welfare services shall:
1. Provide, to the extent that support is not otherwise required by court order or pursuant to specific statute, maintenance and special services to:
(a) Unmarried mothers and children awaiting adoptive placement.
(b) Children who are placed in the custody of the [division,] agency which provides child welfare services, and who are placed in foster homes, homes of relatives other than parents or other facilities or institutions. Except as otherwise provided by specific statute, if any child is to be placed in the custody of the [division,] agency which provides child welfare services, pursuant to any order of a court or request made by a person or agency other than the [division,] agency which provides child welfare services, this order or request may be issued or made only after an opportunity for a hearing has been given to the [division] agency which provides child welfare services after 3 days notice, or upon request of the [division.] agency which provides child welfare services.
2. Except as otherwise provided by court order or specific statute, return a child to his natural home or home of a competent relative for a probationary period any time after the expiration of 60 days after the placement of the child in the custody of the [division,] agency which provides child welfare services, with notification to but without formal application to a court, but the [division] agency which provides child welfare services retains the right to custody of the child during the probationary period, until a court of competent jurisdiction determines proper custody of the child.
[3. Accept money from and cooperate with the United States or any of its agencies in carrying out the provisions of NRS 432.010 to 432.085, inclusive, and of any federal acts pertaining to public child welfare and youth services, insofar as authorized by the legislature.]
Sec. 70. NRS 432.027 is hereby amended to read as follows:
432.027 As soon as practicable after [the division] an agency which provides child welfare services receives an application by a person to receive the placement of a child, the [division] agency which provides child welfare services shall notify the person in writing as to whether the person will be considered for approval as an adoptive parent or as a provider of foster care.
Sec. 71. NRS 432.030 is hereby amended to read as follows:
432.030 No employee of [the division] an agency which provides child welfare services may provide maintenance and special services for any child except as otherwise provided by specific statute or:
1. Upon the request of a child whom the [division] agency which provides child welfare services determines to be emancipated;
2. Pursuant to court order or request; or
3. Upon referral of appropriate law enforcement officials for emergency care.
๊2001 Statutes of Nevada, 17th Special Session, Page 30 (Chapter 1, AB 1)๊
Sec. 72. NRS 432.0305 is hereby amended to read as follows:
432.0305 The department of human resources, through the division, shall:
1. Observe and study the changing nature and extent of the need for child welfare services and develop through tests and demonstrations effective ways of meeting those needs.
2. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including the adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of programs for child welfare, and in increasing the efficiency of those programs by prompt and judicious use of new federal grants which will assist the division in carrying out the provisions of NRS 432.010 to 432.085, inclusive. The department shall consider any request for a change in the state plan submitted by an agency which provides child welfare services.
3. Enter into reciprocal agreements with other states relative to services for child welfare and institutional care, when deemed necessary or convenient by the administrator of the division.
4. Enter into agreements with an agency which provides child welfare services in a county whose population is 100,000 or more when deemed necessary or convenient by the administrator of the division.
5. Accept money from and cooperate with the United States or any of its agencies in carrying out the provisions of NRS 432.010 to 432.085, inclusive, and of any federal acts pertaining to public child welfare and youth services, insofar as authorized by the legislature.
Sec. 73. NRS 432.031 is hereby amended to read as follows:
432.031 1. The department of human resources, through the division, shall act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any services and activities for child welfare.
2. If the Congress of the United States passes any law increasing the participation of the Federal Government in a Nevada program for child welfare, either as relates to eligibility for assistance or otherwise, the director of the department of human resources is authorized to accept, with the approval of the governor, the increased benefits of that legislation. The division may adopt such standards as are required by the Congress of the United States as a condition to the acceptance of those benefits.
3. An agency which provides child welfare services in a county whose population is 100,000 or more shall enter into such agreements with the division as are necessary to maximize the amount of money that this state may obtain from the Federal Government for the provision of child welfare services throughout this state.
Sec. 74. NRS 432.032 is hereby amended to read as follows:
432.032 The division , in consultation with each agency which provides child welfare services, shall adopt regulations for the administration of NRS 432.010 to 432.085, inclusive, which are binding upon all recipients and local units.
Sec. 75. NRS 432.033 is hereby amended to read as follows:
432.033 To secure accuracy, uniformity and completeness in statistics and information, the division , in consultation with each agency which provides child welfare services, may prescribe forms of reports and records to be kept by an agency which provides child welfare services and all persons subject to [its] supervision by the division or investigation pursuant to NRS 432.010 to 432.085, inclusive.
๊2001 Statutes of Nevada, 17th Special Session, Page 31 (Chapter 1, AB 1)๊
persons subject to [its] supervision by the division or investigation pursuant to NRS 432.010 to 432.085, inclusive.
Sec. 76. NRS 432.035 is hereby amended to read as follows:
432.035 1. To safeguard and restrict the use or disclosure of any information concerning applicants for and recipients of services for child welfare to purposes directly connected to the administration of NRS 432.010 to 432.085, inclusive, by the division, pursuant to the applicable provisions of the Social Security Act, the division shall , in consultation with each agency which provides child welfare services, establish and enforce reasonable regulations governing the custody, use and preservation of the records, files and communications filed with the division [.] and any agency which provides child welfare services.
2. Whenever, pursuant to the provisions of law or regulations of the division, names and addresses of, or information concerning, applicants for and recipients of services for child welfare are furnished to or held by an agency which provides child welfare services or any other agency or department of government, that agency or department shall comply with the regulations of the division prohibiting the publication of information and its use for purposes not directly connected with the administration of NRS 432.010 to 432.085, inclusive, by the division.
3. Except for purposes directly connected with the administration of NRS 432.010 to 432.085, inclusive, no person may publish, disclose, use or permit or cause to be published, disclosed or used any confidential information pertaining to a recipient of services under the provisions of NRS 432.010 to 432.085, inclusive.
Sec. 77. NRS 432.037 is hereby amended to read as follows:
432.037 1. The trust fund for child welfare is hereby created. All benefits for survivors or other awards payable to children receiving child welfare services pursuant to NRS 432.010 to 432.085, inclusive, in a county whose population is less than 100,000 must be deposited in the state treasury for credit to the fund.
2. The division shall:
(a) Keep a separate account for each child who receives money.
(b) Deduct from the account any services to the child provided by public money. Any surplus remaining may be expended for extraordinary items deemed beneficial to the child.
(c) Remit any surplus balance to the parent or legal guardian of the child, or to the child if he is emancipated or has reached the age of 18 years, when the division is no longer legally responsible for him.
3. The division shall pay interest to each childs separate account maintained in the trust fund for child welfare at the end of each interest period. Interest must be paid at a rate equal to the average of the interest rates quoted by at least three banking institutions for interest-bearing savings accounts of $3,000 or less on the first day of each interest period. Interest must be paid on the childs account commencing with the first interest period that the division is legally responsible for the child. Interest must not be paid for the interest period during which the child ceases to be the legal responsibility of the division.
4. All benefits for survivors or other awards payable to children receiving child welfare services in a county whose population is 100,000 or more pursuant to NRS 432.010 to 432.085, inclusive, must be deposited in the trust fund for child welfare established in the county treasury. A disbursement from the benefits for survivors or other awards of a child which is deposited in the fund may be made to the agency which provides child welfare services for any child welfare services provided to the child with public money.
๊2001 Statutes of Nevada, 17th Special Session, Page 32 (Chapter 1, AB 1)๊
disbursement from the benefits for survivors or other awards of a child which is deposited in the fund may be made to the agency which provides child welfare services for any child welfare services provided to the child with public money.
5. As used in this section, interest period means that period not less frequent than quarterly, as determined by the state treasurer, for which interest must be paid.
Sec. 78. NRS 432.038 is hereby amended to read as follows:
432.038 1. Subject to the approval and regulations of the state board of examiners, the division may maintain an account in a bank or credit union for the purchase of birth certificates, death certificates and other records of vital statistics necessary to perform eligibility and other case-work functions of the division in a county whose population is less than 100,000 pursuant to NRS 432.010 to 432.085, inclusive.
2. Subject to the approval of the board of county commissioners of the county, an agency that provides child welfare services in a county whose population is 100,000 or more may maintain an account in a bank or credit union for the purchase of birth certificates, death certificates and other records of vital statistics necessary to perform eligibility and other case-work functions of the agency pursuant to NRS 432.010 to 432.085, inclusive.
Sec. 79. NRS 432.039 is hereby amended to read as follows:
432.039 1. When in the judgment of the court it is in the best interests of a child in the lawful custody of [the division, the division] an agency which provides child welfare services, such an agency may petition for appointment as guardian of the person and estate of the child in the manner provided by chapter 159 of NRS.
2. The clerk of the district court, county clerk, county recorder or other county officer shall not require the payment of any fees or charges by the [division] agency which provides child welfare services for appointment as guardian pursuant to this section and the district court shall waive the furnishing of a bond by the [division] agency which provides child welfare services if it is appointed guardian.
3. Except as otherwise provided in this section, the [division] agency which provides child welfare services shall comply with all applicable provisions of chapter 159 of NRS.
Sec. 80. NRS 432.070 is hereby amended to read as follows:
432.070 1. The administrator shall furnish to the state controller a full, true and correct list of claimants in each county whose population is less than 100,000 who are entitled to payment for the care and services provided for in NRS 432.010 to 432.085, inclusive, and of the amount to be paid to each of them from the state child welfare services account, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled [under] pursuant to NRS 432.010 to 432.085, inclusive. The list is subject to revision by the administrator to make it conform to such changes as may be made pursuant to the terms of NRS 432.010 to 432.085, inclusive.
2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the state child welfare services account payable to each claimant in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant must be for the total amount of federal and state money to which each claimant is entitled [under] pursuant to the provisions of NRS 432.010 to 432.085, inclusive.
๊2001 Statutes of Nevada, 17th Special Session, Page 33 (Chapter 1, AB 1)๊
state money to which each claimant is entitled [under] pursuant to the provisions of NRS 432.010 to 432.085, inclusive.
3. Immediately after the warrants have been drawn, the state controller shall deliver or mail them to the division. Immediately thereafter the division shall mail them to the individual recipients. The facilities of the central mailing room must be used.
Sec. 81. NRS 432.085 is hereby amended to read as follows:
432.085 1. The parents of a child placed in the custody of [the division] an agency which provides child welfare services pursuant to the provisions of NRS 62.880 or 432.010 to 432.085, inclusive, or chapter 432B of NRS are liable to the [division] agency which provides child welfare services for the cost of maintenance and special services provided to the child.
2. The division shall [, in accordance with NRS 232.464,] establish by regulation reasonable schedules for the repayment of money owed by parents pursuant to subsection 1.
3. [The division] An agency which provides child welfare services may waive all or any part of the amount due pursuant to this section if it determines that the parents of the child do not have the ability to pay the amount.
4. If a parent refuses to pay [the division] an agency which provides child welfare services for money owed under this section, the [division] agency which provides child welfare services may bring a civil action to recover all money owed with interest thereon at the rate of 7 percent per year commencing 30 days after an itemized statement of the amount owed is submitted to the parents.
5. All money collected pursuant to this section must be deposited :
(a) In a county whose population is less than 100,000, with the state treasurer for credit to the state child welfare services account.
(b) In a county whose population is 100,000 or more, with the county treasurer for credit to a fund or account established by the board of county commissioners.
Sec. 82. NRS 432.095 is hereby amended to read as follows:
432.095 1. There is hereby created the placement prevention revolving account in the amount of $25,000 to be used for the payment of claims in a county whose population is less than 100,000 of recipients of goods or services from the division and vendors providing goods or services to those recipients pursuant to procedures established by the division.
2. Upon written request from the administrator, the state controller shall draw his warrant from money already authorized for the use of the division in the sum of $25,000. When the warrant is paid, the administrator shall deposit the money in a financial institution qualified to receive deposits of public money. All money deposited in the placement prevention revolving account pursuant to this section must be secured with a depository bond that is satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.
3. After an expenditure of money from the placement prevention revolving account, the administrator shall present a claim to the state board of examiners to maintain a balance of $25,000. If the claim is approved by the state board of examiners, the state controller shall draw his warrant from money already authorized for the use of the division in the amount of the claim in favor of the placement prevention revolving account, and the state treasurer shall pay the warrant.
๊2001 Statutes of Nevada, 17th Special Session, Page 34 (Chapter 1, AB 1)๊
money already authorized for the use of the division in the amount of the claim in favor of the placement prevention revolving account, and the state treasurer shall pay the warrant.
4. Money in the placement prevention revolving account created pursuant to subsection 1 does not revert to the state general fund at the end of the fiscal year, and the balance in the account must be carried forward.
5. Purchases made by the division pursuant to this section are exempt from the State Purchasing Act.
6. The board of county commissioners of a county whose population is 100,000 or more may establish a fund or account to be used for the payment of claims of recipients of goods or services from the agency which provides child welfare services and vendors providing goods or services to those recipients pursuant to procedures established by the agency which provides child welfare services.
Sec. 83. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
Child welfare services includes, without limitation:
1. Protective services, including, without limitation, investigations of abuse or neglect and assessments;
2. Foster care services, including, without limitation, maintenance and special services, as defined in NRS 432.010; and
3. Services related to adoption.
Sec. 84. NRS 432B.030 is hereby amended to read as follows:
432B.030 Agency which provides [protective] child welfare services means:
1. [The] In a county whose population is less than 100,000, the local office of the division of child and family services; or
2. [An] In a county whose population is 100,000 or more, the agency of [a county authorized by the court to receive and investigate reports of abuse or neglect,] the county,
which provides or arranges for necessary child welfare services.
Sec. 85. NRS 432B.130 is hereby amended to read as follows:
432B.130 A person is responsible for a childs welfare under the provisions of this chapter if he is the childs parent, guardian , [or foster parent,] a stepparent with whom the child lives, an adult person continually or regularly found in the same household as the child, or a person directly responsible or serving as a volunteer for or employed in a public or private home, institution or facility where the child actually resides or is receiving child care outside of his home for a portion of the day.
Sec. 86. NRS 432B.160 is hereby amended to read as follows:
432B.160 1. Except as otherwise provided in subsection 2, immunity from civil or criminal liability extends to every person who in good faith:
(a) Makes a report pursuant to NRS 432B.220;
(b) Conducts an interview or allows an interview to be taken pursuant to NRS 432B.270;
(c) Allows or takes photographs or X-rays pursuant to NRS 432B.270;
(d) Causes a medical test to be performed pursuant to NRS 432B.270;
(e) Provides a record, or a copy thereof, of a medical test performed pursuant to NRS 432B.270 to an agency [that provides protective] which provides child welfare services to the child, a law enforcement agency that participated in the investigation of the report of abuse or neglect of the child or the prosecuting attorneys office;
๊2001 Statutes of Nevada, 17th Special Session, Page 35 (Chapter 1, AB 1)๊
(f) Holds a child pursuant to NRS 432B.400, takes possession of a child pursuant to section 1 of [this act] Senate Bill No. 191 of the 71st session of the Nevada Legislature or places a child in protective custody pursuant to any provision of this chapter;
(g) Performs any act pursuant to subsection 2 of section 1 of [this act;] Senate Bill No. 191 of the 71st session of the Nevada Legislature;
(h) Refers a case or recommends the filing of a petition pursuant to NRS 432B.380; or
(i) Participates in a judicial proceeding resulting from a referral or recommendation.
2. The provisions of subsection 1 do not confer any immunity from liability for the negligent performance of any act pursuant to paragraph (b) of subsection 2 of section 1 of [this act.] Senate Bill No. 191 of the 71st session of the Nevada Legislature.
3. In any proceeding to impose liability against a person for:
(a) Making a report pursuant to NRS 432B.220; or
(b) Performing any act set forth in paragraphs (b) to (i), inclusive of subsection 1,
there is a presumption that the person acted in good faith.
Sec. 87. NRS 432B.170 is hereby amended to read as follows:
432B.170 Nothing in the provisions of NRS 432.100 to 432.130, inclusive, or this chapter prohibits an agency which provides [protective] child welfare services from sharing information with other state or local agencies if:
1. The purpose for sharing the information is for the development of a plan for the care, treatment or supervision of a child who has been abused or neglected or of a person responsible for the childs welfare;
2. The other agency has standards for confidentiality equivalent to those of the agency which provides [protective] child welfare services; and
3. Proper safeguards are taken to ensure the confidentiality of the information.
Sec. 88. NRS 432B.180 is hereby amended to read as follows:
432B.180 The division of child and family services shall:
1. Administer any money granted to the state by the Federal Government . [under 42 U.S.C. ง 5103;
2. Plan and coordinate all protective]
2. Plan, coordinate and monitor the delivery of child welfare services provided throughout the state . [;]
3. Provide [directly or arrange for other persons or governmental organizations to provide protective services;] child welfare services directly or arrange for the provision of those services in a county whose population is less than 100,000.
4. Coordinate its activities with and assist the efforts of any law enforcement agency, a court of competent jurisdiction , an agency which provides child welfare services and any public or private organization which provides social services for the prevention, identification and treatment of abuse or neglect of children [;] and for permanent placement of children.
5. Involve communities in the improvement of [protective service;] child welfare services.
๊2001 Statutes of Nevada, 17th Special Session, Page 36 (Chapter 1, AB 1)๊
6. Evaluate all [protective] child welfare services provided throughout the state and withhold money from [or revoke the license of] any agency providing [protective] child welfare services which is not complying with the regulations adopted by the division of child and family services . [; and]
7. Evaluate the plans submitted for approval pursuant to NRS 432B.395.
8. In consultation with each agency which provides child welfare services, request sufficient money for the provision of child welfare services throughout this state.
Sec. 89. NRS 432B.190 is hereby amended to read as follows:
432B.190 The division of child and family services shall , in consultation with each agency which provides child welfare services, adopt regulations establishing reasonable and uniform standards for:
1. [Protective] Child welfare services provided in this state;
2. Programs for the prevention of abuse or neglect of a child and the achievement of the permanent placement of a child;
3. The development of local councils involving public and private organizations;
4. Reports of abuse or neglect, records of these reports and the response to these reports;
5. The management and assessment of reported cases of abuse or neglect;
6. The protection of the legal rights of parents and children;
7. Emergency shelter for a child;
8. The prevention, identification and correction of abuse or neglect of a child in residential institutions;
9. Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395;
10. Developing and distributing to persons who are responsible for a childs welfare a pamphlet that sets forth the procedures for taking a child for placement in protective custody and the legal rights of persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, and sections 3 and 4 of [this act] Assembly Bill No. 429 of the 71st session of the Nevada Legislature, during all stages of the proceeding; and
11. Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child.
Sec. 90. NRS 432B.200 is hereby amended to read as follows:
432B.200 The division of child and family services shall establish and maintain a center with a toll-free telephone number to receive reports of abuse or neglect of a child in this state 24 hours a day, 7 days a week. Any reports made to this center must be promptly transmitted to the agency [providing protective] which provides child welfare services in the community where the child is located.
Sec. 91. NRS 432B.210 is hereby amended to read as follows:
432B.210 An agency which provides [protective] child welfare services must receive from the state, any of its political subdivisions or any agency of either, any cooperation, assistance and information it requests in order to fulfill its responsibilities under NRS 432.100 to 432.130, inclusive, and this chapter.
Sec. 92. NRS 432B.215 is hereby amended to read as follows:
432B.215 1. An agency which provides [protective services and the division of child and family] child welfare services may request the division of parole and probation of the department of motor vehicles and public safety for information concerning a probationer or parolee that may assist the agency [or the division of child and family services] in carrying out the provisions of this chapter.
๊2001 Statutes of Nevada, 17th Special Session, Page 37 (Chapter 1, AB 1)๊
for information concerning a probationer or parolee that may assist the agency [or the division of child and family services] in carrying out the provisions of this chapter. The division of parole and probation shall provide such information upon request.
2. The agency which provides [protective services or the division of child and family] child welfare services may use the information obtained pursuant to subsection 1 only for the limited purpose of carrying out the provisions of this chapter.
Sec. 93. NRS 432B.220 is hereby amended to read as follows:
432B.220 1. Any person who is described in subsection 3 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:
(a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides [protective] child welfare services or to a law enforcement agency; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:
(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report to a law enforcement agency.
(b) An agency which provides [protective] child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.
3. A report must be made pursuant to subsection 1 by the following persons:
(a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, advanced emergency medical technician or other person providing medical services licensed or certified in this state;
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital;
(c) A coroner;
(d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession;
(e) A social worker and an administrator, teacher, librarian or counselor of a school;
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child;
๊2001 Statutes of Nevada, 17th Special Session, Page 38 (Chapter 1, AB 1)๊
(g) Any person licensed to conduct a foster home;
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer;
(i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect;
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met; and
(k) Any person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, approved youth shelter has the meaning ascribed to it in section 4 of [this act.] Assembly Bill No. 264 of the 71st session of the Nevada Legislature.
4. A report may be made by any other person.
5. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides [protective] child welfare services his written findings. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.
Sec. 94. NRS 432B.230 is hereby amended to read as follows:
432B.230 1. A person may make a report pursuant to NRS 432B.220 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.
2. The report must contain the following information, if obtainable:
(a) The name, address, age and sex of the child;
(b) The name and address of the childs parents or other person responsible for his care;
(c) The nature and extent of the abuse or neglect of the child;
(d) Any evidence of previously known or suspected abuse or neglect of the child or the childs siblings;
(e) The name, address and relationship, if known, of the person who is alleged to have abused or neglected the child; and
(f) Any other information known to the person making the report that the agency which provides [protective] child welfare services considers necessary.
Sec. 95. NRS 432B.250 is hereby amended to read as follows:
432B.250 Any person who is required to make a report pursuant to NRS 432B.220 may not invoke any of the privileges set forth in chapter 49 of NRS:
1. For his failure to make a report pursuant to NRS 432B.220;
2. In cooperating with an agency which provides [protective] child welfare services or a guardian ad litem for a child; or
3. In any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive.
๊2001 Statutes of Nevada, 17th Special Session, Page 39 (Chapter 1, AB 1)๊
Sec. 96. NRS 432B.260 is hereby amended to read as follows:
432B.260 1. Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides [protective] child welfare services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any, and, within 3 working days, initiate an investigation. A law enforcement agency shall promptly notify an agency which provides [protective] child welfare services of any report it receives.
2. An agency which provides [protective] child welfare services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.
3. If an agency which provides [protective] child welfare services or a law enforcement agency determines pursuant to an investigation initiated pursuant to this section that the:
(a) Alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian of the child involving the use of corporal punishment, including, without limitation, spanking or paddling; and
(b) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150,
the agency which provides [protective] child welfare services or the law enforcement agency shall take no further action in regard to the matter and shall expunge all references to the matter from its records.
Sec. 97. NRS 432B.270 is hereby amended to read as follows:
432B.270 1. A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of and outside the presence of any person responsible for the childs welfare, interview a child concerning any possible abuse or neglect. The child may be interviewed at any place where he is found. The designee shall, immediately after the conclusion of the interview, if reasonably possible, notify a person responsible for the childs welfare that the child was interviewed, unless the designee determines that such notification would endanger the child.
2. A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of the person responsible for a childs welfare:
(a) Take or cause to be taken photographs of the childs body, including the areas of trauma; and
(b) If indicated after consultation with a physician, cause X-rays or medical tests to be performed on a child.
3. Upon the taking of any photographs or X-rays or the performance of any medical tests pursuant to subsection 2, the person responsible for the childs welfare must be notified immediately, if reasonably possible, unless the designee determines that the notification would endanger the child. The reasonable cost of these photographs, X-rays or medical tests must be paid by the agency providing protective services if money is not otherwise available.
4. Any photographs or X-rays taken or records of any medical tests performed pursuant to subsection 2, or any medical records relating to the examination or treatment of a child pursuant to this section, or copies thereof, must be sent to the agency [providing protective] which provides child welfare services, the law enforcement agency participating in the investigation of the report and the prosecuting attorneys office. Each photograph, X-ray, result of a medical test or other medical record:
๊2001 Statutes of Nevada, 17th Special Session, Page 40 (Chapter 1, AB 1)๊
(a) Must be accompanied by a statement or certificate signed by the custodian of medical records of the health care facility where the photograph or X-ray was taken or the treatment, examination or medical test was performed, indicating:
(1) The name of the child;
(2) The name and address of the person who took the photograph or X-ray, performed the medical test, or examined or treated the child; and
(3) The date on which the photograph or X-ray was taken or the treatment, examination or medical test was performed;
(b) Is admissible in any proceeding relating to the abuse or neglect of the child; and
(c) May be given to the childs parent or guardian if he pays the cost of duplicating them.
5. As used in this section, medical test means any test performed by or caused to be performed by a provider of health care, including, without limitation, a computerized axial tomography scan and magnetic resonance imaging.
Sec. 98. NRS 432B.290 is hereby amended to read as follows:
432B.290 1. Except as otherwise provided in subsections 2 and 3 and section 2 of [this act,] Assembly Bill No. 429 of the 71st session of the Nevada Legislature, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:
(a) A physician, if the physician has before him a child who he 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 a child who he 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;
(e) A 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 person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;
(g) The attorney and the guardian ad litem of the child;
(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;
(i) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;
(j) A team organized pursuant to NRS 432B.350 for the protection of a child;
(k) A team organized pursuant to NRS 432B.405 to review the death of a child;
๊2001 Statutes of Nevada, 17th Special Session, Page 41 (Chapter 1, AB 1)๊
(l) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;
(m) The persons who are the subject of a report;
(n) 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;
(o) 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 [that provides protective] 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 his family is not the person alleged to have committed the abuse or neglect;
(p) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;
(q) The rural advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.602 or a local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604; or
(r) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide [protective] child welfare services.
2. 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.
3. An agency which provides [protective] child welfare services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.
4. Any person, except for:
(a) The subject of a report;
(b) A district attorney or other law enforcement officer initiating legal proceedings; or
๊2001 Statutes of Nevada, 17th Special Session, Page 42 (Chapter 1, AB 1)๊
(c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151,
who is given access, pursuant to subsection 1, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.
5. The division of child and family services shall adopt regulations to carry out the provisions of this section.
Sec. 99. NRS 432B.300 is hereby amended to read as follows:
432B.300 Each agency which provides [protective] child welfare services shall investigate each report of abuse or neglect received or referred to it to determine:
1. The composition of the family, household or facility, including the name, address, age, sex and race of each child named in the report, any siblings or other children in the same place or under the care of the same person, the persons responsible for the childrens welfare and any other adult living or working in the same household or facility;
2. Whether there is reasonable cause to believe any child is abused or neglected or threatened with abuse or neglect, the nature and extent of existing or previous injuries, abuse or neglect and any evidence thereof, and the person apparently responsible;
3. If there is reasonable cause to believe that a child is abused or neglected, the immediate and long-term risk to the child if he remains in the same environment; and
4. The treatment and services which appear necessary to help prevent further abuse or neglect and to improve his environment and the ability of the person responsible for the childs welfare to care adequately for him.
Sec. 100. NRS 432B.320 is hereby amended to read as follows:
432B.320 1. An agency which provides [protective] child welfare services may waive a full investigation of a report of abuse or neglect of a child made by another agency or a person if, after assessing the circumstances, it is satisfied that:
(a) The person or other agency who made the report can provide services to meet the needs of the child and the family, and this person or agency agrees to do so; and
(b) The person or other agency agrees in writing to report periodically on the child and to report immediately any threat or harm to the childs welfare.
2. The agency which provides [protective] child welfare services shall supervise for a reasonable period the services provided by the person or other agency pursuant to subsection 1.
Sec. 101. NRS 432B.340 is hereby amended to read as follows:
432B.340 1. If the agency which provides [protective] child welfare services determines that a child needs protection, but is not in imminent danger from abuse or neglect, it may:
(a) Offer to the parents or guardian a plan for services and inform him that the agency has no legal authority to compel him to accept the plan but that it has the authority to petition the court pursuant to NRS 432B.490 or to refer the case to the district attorney or a law enforcement agency; or
(b) File a petition pursuant to NRS 432B.490 and, if a child is adjudicated in need of protection, request that the child be removed from the custody of his parents or guardian or that he remain at home with or without the supervision of the court or of any person or agency designated by the court.
๊2001 Statutes of Nevada, 17th Special Session, Page 43 (Chapter 1, AB 1)๊
his parents or guardian or that he remain at home with or without the supervision of the court or of any person or agency designated by the court.
2. If the parent or guardian accepts the conditions of the plan offered by the agency pursuant to paragraph (a) of subsection 1, the agency may elect not to file a petition and may arrange for appropriate services, including medical care, care of the child during the day, management of the home or supervision of the child, his parents or guardian.
Sec. 102. NRS 432B.350 is hereby amended to read as follows:
432B.350 An agency which provides [protective service] child welfare services may organize one or more teams for protection of a child to assist the agency in the evaluation and investigation of reports of abuse or neglect of a child, diagnosis and treatment of abuse or neglect and the coordination of responsibilities. Members of the team serve at the invitation of the agency and must include representatives of other organizations concerned with education, law enforcement or physical or mental health.
Sec. 103. NRS 432B.360 is hereby amended to read as follows:
432B.360 1. A parent or guardian of a child who is in need of protection may place the child with a public agency authorized to care for children or a private institution or agency licensed by the department of human resources or a county whose population is 100,000 or more to care for such children if:
(a) Efforts to keep the child in his own home have failed; and
(b) The parents or guardian and the agency or institution voluntarily sign a written agreement for placement of the child which sets forth the rights and responsibilities of each of the parties to the agreement.
2. If a child is placed with an agency or institution pursuant to subsection 1, the parent or guardian shall:
(a) If able, contribute to the support of the child during his temporary placement;
(b) Inform the agency or institution of any change in his address or circumstances; and
(c) Meet with a representative of the agency or institution and participate in developing and carrying out a plan for the possible return of the child to his custody, the placement of the child with a relative or the eventual adoption of the child.
3. A parent or guardian who voluntarily agrees to place a child with an agency or institution pursuant to subsection 1 is entitled to have the child returned to his physical custody within 48 hours of a written request to that agency or institution. If that agency or institution determines that it would be detrimental to the best interests of the child to return him to the custody of his parent or guardian, it shall cause a petition to be filed pursuant to NRS 432B.490.
4. If the child has remained in temporary placement for 6 consecutive months, the agency or institution shall:
(a) Immediately return the child to the physical custody of his parent or guardian; or
(b) Cause a petition to be filed pursuant to NRS 432B.490.
5. The division of child and family services shall adopt regulations to carry out the provisions of this section.
๊2001 Statutes of Nevada, 17th Special Session, Page 44 (Chapter 1, AB 1)๊
Sec. 104. NRS 432B.370 is hereby amended to read as follows:
432B.370 If an agency which provides [protective] child welfare services determines that there is no reasonable cause to believe that a child is in need of protection, it shall proceed no further in that matter.
Sec. 105. NRS 432B.380 is hereby amended to read as follows:
432B.380 If the agency which provides [protective] child welfare services determines that further action is necessary to protect a child who is in need of protection, as well as any other child under the same care who may be in need of protection, it may refer the case to the district attorney for criminal prosecution and may recommend the filing of a petition pursuant to NRS 432B.490.
Sec. 106. NRS 432B.390 is hereby amended to read as follows:
432B.390 1. An agent or officer of a law enforcement agency, an officer of the local juvenile probation department or the local department of juvenile services, or a designee of an agency which provides [protective] child welfare services:
(a) May place a child in protective custody without the consent of the person responsible for the childs welfare if he has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect.
(b) Shall place a child in protective custody upon the death of a parent of the child, without the consent of the person responsible for the welfare of the child, if the agent, officer or designee has reasonable cause to believe that the death of the parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.
2. When an agency which provides [protective] child welfare services receives a report pursuant to subsection 2 of section 1 of [this act,] Senate Bill No. 191 of the 71st session of the Nevada Legislature, a designee of the agency which provides [protective] child welfare services shall immediately place the child in protective custody.
3. If there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, a protective custody hearing must be held pursuant to NRS 432B.470, whether the child was placed in protective custody or with a relative. If an agency other than an agency which provides [protective] child welfare services becomes aware that there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, that agency shall immediately notify the agency which provides [protective] child welfare services and a protective custody hearing must be scheduled.
4. An agency which provides [protective] child welfare services shall request the assistance of a law enforcement agency in the removal of a child if the agency has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.
5. Before taking a child for placement in protective custody, the person taking the child shall show his identification to any person who is responsible for the child and is present at the time the child is taken. If a person who is responsible for the child is not present at the time the child is taken, the person taking the child shall show his identification to any other person upon request. The identification required by this subsection must be a single card that contains a photograph of the person taking the child and identifies him as a person authorized pursuant to this section to place a child in protective custody.
๊2001 Statutes of Nevada, 17th Special Session, Page 45 (Chapter 1, AB 1)๊
identifies him as a person authorized pursuant to this section to place a child in protective custody.
6. A child placed in protective custody pending an investigation and a hearing held pursuant to NRS 432B.470 must be placed in a hospital, if the child needs hospitalization, or in a shelter, which may include a foster home or other home or facility which provides care for those children, but the child must not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.
7. A person placing a child in protective custody pursuant to subsection 1 shall:
(a) Immediately take steps to protect all other children remaining in the home or facility, if necessary;
(b) Immediately make a reasonable effort to inform the person responsible for the childs welfare that the child has been placed in protective custody;
(c) Give preference in placement of the child to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state; and
(d) As soon as practicable, inform the agency which provides [protective] child welfare services and the appropriate law enforcement agency.
8. If a child is placed with any person who resides outside of this state, the placement must be in accordance with NRS 127.330.
Sec. 107. NRS 432B.393 is hereby amended to read as follows:
432B.393 1. Except as otherwise provided in this section, an agency which provides [protective] child welfare services shall make reasonable efforts to preserve and reunify the family of a child to prevent or eliminate the need for his removal from his home and to make it possible for his safe return to his home.
2. In determining the reasonable efforts required by subsection 1, the health and safety of the child must be the paramount concern. The agency which provides [protective] child welfare services may make reasonable efforts to place the child for adoption or with a legal guardian concurrently with making the reasonable efforts required pursuant to subsection 1. If the court determines that continuation of the reasonable efforts required by subsection 1 is inconsistent with the plan for the permanent placement of the child, the agency which provides [protective] child welfare services shall make reasonable efforts to place the child in a timely manner in accordance with that plan and to complete whatever actions are necessary to finalize the permanent placement of the child.
3. An agency which provides [protective] child welfare services is not required to make the reasonable efforts required by subsection 1 if the court finds that:
(a) A parent or other primary caretaker of the child has:
(1) Committed, aided or abetted in the commission of, or attempted, conspired or solicited to commit murder or voluntary manslaughter;
(2) Caused the abuse or neglect of the child, or of another child of the parent or primary caretaker, which resulted in substantial bodily harm to the abused or neglected child;
๊2001 Statutes of Nevada, 17th Special Session, Page 46 (Chapter 1, AB 1)๊
(3) Caused the abuse or neglect of the child, a sibling of the child or another child in the household, and the abuse or neglect was so extreme or repetitious as to indicate that any plan to return the child to his home would result in an unacceptable risk to the health or welfare of the child; or
(4) Abandoned the child for 60 or more days, and the identity of the parent of the child is unknown and cannot be ascertained through reasonable efforts;
(b) A parent of the child has, for the previous 6 months, had the ability to contact or communicate with the child and made no more than token efforts to do so;
(c) The parental rights of a parent to a sibling of the child have been terminated by a court order upon any basis other than the execution of a voluntary relinquishment of those rights by a natural parent, and the court order is not currently being appealed;
(d) The child or a sibling of the child was previously removed from his home, adjudicated to have been abused or neglected, returned to his home and subsequently removed from his home as a result of additional abuse or neglect;
(e) The child is less than 1 year of age, the father of the child is not married to the mother of the child and the father of the child:
(1) Has failed within 60 days after learning of the birth of the child, to visit the child, to commence proceedings to establish his paternity of the child or to provide financial support for the child; or
(2) Is entitled to seek custody of the child but fails to do so within 60 days after learning that the child was placed in foster care; or
(f) The child was delivered to a provider of emergency services pursuant to section 1 of [this act.] Senate Bill No. 191 of the 71st session of the Nevada Legislature.
Sec. 108. NRS 432B.395 is hereby amended to read as follows:
432B.395 An agency which provides [protective] child welfare services shall submit annually to the division of child and family services for its approval a plan to ensure that the reasonable efforts required by subsection 1 of NRS 432B.393 are made by that agency.
Sec. 109. NRS 432B.396 is hereby amended to read as follows:
432B.396 The division of child and family services shall:
1. Establish a panel comprised of volunteer members to evaluate the extent to which agencies which provide [protective] child welfare services are effectively discharging their responsibilities for the protection of children.
2. Adopt regulations to carry out the provisions of subsection 1 which must include, without limitation, the imposition of appropriate restrictions on the disclosure of information obtained by the panel and civil sanctions for the violation of those restrictions.
Sec. 110. NRS 432B.397 is hereby amended to read as follows:
432B.397 1. The agency [providing protective] which provides child welfare services for a child that is taken into custody pursuant to this chapter shall make all necessary inquiries to determine whether the child is an Indian child. The agency shall report that determination to the court.
2. An agency [that provides protective] which provides child welfare services pursuant to this chapter shall provide training for its personnel regarding the requirements of the Indian Child Welfare Act.
๊2001 Statutes of Nevada, 17th Special Session, Page 47 (Chapter 1, AB 1)๊
Sec. 111. NRS 432B.400 is hereby amended to read as follows:
432B.400 A physician treating a child or a person in charge of a hospital or similar institution may hold a child for no more than 24 hours if there is reasonable cause to believe that the child has been abused or neglected and that he is in danger of further harm if released. The physician or other person shall immediately notify a law enforcement agency or an agency which provides [protective] child welfare services that he is holding the child.
Sec. 112. NRS 432B.405 is hereby amended to read as follows:
432B.405 1. An agency which provides [protective] child welfare services:
(a) May organize one or more multidisciplinary teams to review the death of a child; and
(b) Shall organize one or more multidisciplinary teams to review the death of a child upon receiving a written request from an adult related to the child within the third degree of consanguinity, if the request is received by the agency within 1 year after the date of death of the child.
2. Members of a team organized pursuant to subsection 1 serve at the invitation of the agency and must include representatives of other organizations concerned with education, law enforcement or physical or mental health.
3. Each organization represented on such a team may share with other members of the team information in its possession concerning the child who is the subject of the review, siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.
4. Before establishing any child death review team, an agency shall adopt a written protocol describing its objectives and the structure of such a team.
Sec. 113. NRS 432B.440 is hereby amended to read as follows:
432B.440 The agency which provides [protective] child welfare services shall assist the court during all stages of any proceeding in accordance with NRS 432B.410 to 432B.590, inclusive.
Sec. 114. NRS 432B.490 is hereby amended to read as follows:
432B.490 1. An agency which provides [protective] child welfare services:
(a) In cases where the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, shall within 10 days after the hearing on protective custody initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510;
(b) In other cases where a hearing on protective custody is held, shall within 10 days after the hearing on protective custody, unless good cause exists, initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510 or recommend against any further action in court; or
(c) If a child is not placed in protective custody, may, after an investigation is made under NRS 432B.010 to 432B.400, inclusive, file a petition which meets the requirements set forth in NRS 432B.510.
2. If the agency recommends against further action, the court may, on its own motion, initiate proceedings when it finds that it is in the best interests of the child.
๊2001 Statutes of Nevada, 17th Special Session, Page 48 (Chapter 1, AB 1)๊
3. If a child has been placed in protective custody and if further action in court is taken, an agency which provides [protective] child welfare services shall make recommendations to the court concerning whether the child should be returned to the person responsible for his welfare pending further action in court.
Sec. 115. NRS 432B.500 is hereby amended to read as follows:
432B.500 1. After a petition is filed that a child is in need of protection pursuant to NRS 432B.490, the court shall appoint a guardian ad litem for the child. The person so appointed:
(a) Must meet the requirements of NRS 432B.505 or, if such a person is not available, a representative of an agency which provides [protective] child welfare services, a juvenile probation officer, an officer of the court or another volunteer.
(b) Must not be a parent or other person responsible for the childs welfare.
2. No compensation may be allowed a person serving as a guardian ad litem pursuant to this section.
3. A guardian ad litem appointed pursuant to this section shall:
(a) Represent and protect the best interests of the child until excused by the court;
(b) Thoroughly research and ascertain the relevant facts of each case for which he is appointed, and ensure that the court receives an independent, objective account of those facts;
(c) Meet with the child wherever the child is placed as often as is necessary to determine that the child is safe and to ascertain the best interests of the child;
(d) Explain to the child the role of the guardian ad litem and, when appropriate, the nature and purpose of each proceeding in his case;
(e) Participate in the development and negotiation of any plans for and orders regarding the child, and monitor the implementation of those plans and orders to determine whether services are being provided in an appropriate and timely manner;
(f) Appear at all proceedings regarding the child;
(g) Inform the court of the desires of the child, but exercise his independent judgment regarding the best interests of the child;
(h) Present recommendations to the court and provide reasons in support of those recommendations;
(i) Request the court to enter orders that are clear, specific and, when appropriate, include periods for compliance;
(j) Review the progress of each case for which he is appointed, and advocate for the expedient completion of the case; and
(k) Perform such other duties as the court orders.
Sec. 116. NRS 432B.510 is hereby amended to read as follows:
432B.510 1. A petition alleging that a child is in need of protection may be signed only by:
(a) A representative of an agency which provides [protective] child welfare services;
(b) A law enforcement officer or probation officer; or
(c) The district attorney.
2. The district attorney shall countersign every petition alleging need of protection, and shall represent the petitioner in all proceedings. If the district attorney fails or refuses to countersign the petition, the petitioner may seek a review by the attorney general.
๊2001 Statutes of Nevada, 17th Special Session, Page 49 (Chapter 1, AB 1)๊
review by the attorney general. If the attorney general determines that a petition should be filed, he shall countersign the petition and shall represent the petitioner in all subsequent proceedings.
3. Every petition must be entitled, In the Matter of ................, a child, and must be verified by the person who signs it.
4. Every petition must set forth specifically:
(a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 432B.410.
(b) The name, date of birth and address of the residence of the child.
(c) The names and addresses of the residences of his parents and any other person responsible for the childs welfare, and spouse if any. If his parents or other person responsible for his welfare do not reside in this state or cannot be found within the state, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the state, or if there is none, the known adult relative residing nearest to the court.
(d) Whether the child is in protective custody, and if so, the agency responsible for placing the child in protective custody and the reasons therefor.
5. When any of the facts required by subsection 4 are not known, the petition must so state.
Sec. 117. NRS 432B.520 is hereby amended to read as follows:
432B.520 1. 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.
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:
(a) Person summoned resides in this state, the summons must be served personally;
(b) Person summoned cannot be found within this state or does not reside in this state, the summons must be mailed by registered or certified mail to his last known address; or
(c) Child was delivered to a provider of emergency services pursuant to section 1 of [this act] Senate Bill No. 191 of the 71st session of the Nevada Legislature 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.
๊2001 Statutes of Nevada, 17th Special Session, Page 50 (Chapter 1, AB 1)๊
5. If it appears that the child is in such condition or surroundings that his welfare requires that his 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 [protective] child welfare services in whose custody the child must remain until the further order of the court.
6. 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 judges opinion, the service will be ineffectual or the welfare of the child requires that he be brought forthwith into the custody of the court; or
(b) A person responsible for the childs welfare has absconded with him or concealed him from a representative of an agency which provides [protective] child welfare services,
the court may issue a writ for the attachment of the childs person, commanding a law enforcement officer or a representative of an agency which provides [protective] child welfare services to place the child in protective custody.
Sec. 118. NRS 432B.540 is hereby amended to read as follows:
432B.540 1. If the court finds that the allegations of the petition are true, it shall order that a report be made in writing by an agency which provides [protective] child welfare services, concerning:
(a) Except as otherwise provided in paragraph (b), the conditions in the childs place of residence, the childs record in school, the mental, physical and social background of his family, its financial situation and other matters relevant to the case; or
(b) If the child was delivered to a provider of emergency services pursuant to section 1 of [this act,] Senate Bill No. 191 of the 71st session of the Nevada Legislature, any matters relevant to the case.
2. If the agency believes that it is necessary to remove the child from the physical custody of his parents, it must submit with the report a plan designed to achieve a placement of the child in a safe setting as near to the residence of his parent as is consistent with the best interests and special needs of the child. The plan must include:
(a) A description of the type, safety and appropriateness of the home or institution in which the child could be placed, a plan for ensuring that he would receive safe and proper care and a description of his needs;
(b) A description of the services to be provided to the child and to a parent to facilitate the return of the child to the custody of his parent or to ensure his permanent placement;
(c) The appropriateness of the services to be provided under the plan; and
(d) A description of how the order of the court will be carried out.
3. If the child is not residing in his home, the agency shall include as a part of the plan for the permanent placement of the child, established pursuant to NRS 432B.590, a recommendation to terminate parental rights unless it determines that initiating a petition for the termination of parental rights is not in the best interests of the child. If the agency conclusively determines that initiating a petition for the termination of parental rights is not in the best interests of the child, it shall include a full explanation of the basis for the determination as part of the plan.
๊2001 Statutes of Nevada, 17th Special Session, Page 51 (Chapter 1, AB 1)๊
Sec. 119. NRS 432B.550 is hereby amended to read as follows:
432B.550 1. If the court finds that a child is in need of protection, it shall determine whether the agency which provides [protective] child welfare services has made the reasonable efforts required by subsection 1 of NRS 432B.393. The court may, by its order, after receipt and review of the report from the agency which provides [protective] child welfare services:
(a) Permit the child to remain in the temporary or permanent custody of his parents or a guardian with or without supervision by the court or a person or agency designated by the court, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;
(b) Place him in the temporary or permanent custody of a relative or other person who the court finds suitable to receive and care for him with or without supervision, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;
(c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services or a private agency or institution licensed by the department of human resources or a county whose population is 100,000 or more to care for such a child; or
(d) Commit him to the custody of the superintendent of the northern Nevada childrens home or the superintendent of the southern Nevada childrens home, in accordance with chapter 423 of NRS.
In carrying out this subsection, the court may, in its sole discretion, consider an application pursuant to chapter 159 of NRS for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.
2. If, pursuant to subsection 1, a child is placed other than with a parent:
(a) The parent retains the right to consent to adoption, to determine the childs religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.
(b) The court shall set forth good cause why the child was placed other than with a parent.
3. If, pursuant to subsection 1, the child is to be placed with a relative, the court may consider, among other factors, whether the child has resided with a particular relative for 3 years or more before the incident which brought the child to the courts attention.
4. Except as otherwise provided in this subsection, a copy of the report prepared for the court by the agency which provides [protective] child welfare services must be sent to the custodian and the parent or legal guardian. If the child was delivered to a provider of emergency services pursuant to section 1 of [this act] Senate Bill No. 191 of the 71st session of the Nevada Legislature and the location of the parent is unknown, the report need not be sent to that parent.
5. In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of his parents or guardian, preference must be given to placing the child:
(a) With any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state.
(b) If practicable, together with his siblings.
๊2001 Statutes of Nevada, 17th Special Session, Page 52 (Chapter 1, AB 1)๊
Any search for a relative with whom to place a child pursuant to this section must be completed within 1 year after the initial placement of the child outside of his home. If a child is placed with any person who resides outside of this state, the placement must be in accordance with NRS 127.330.
Sec. 120. Chapter 433B of NRS is hereby amended by adding thereto the provisions set forth as sections 121 and 122 of this act.
Sec. 121. 1. A mental health consortium is hereby established in each of the following jurisdictions:
(a) A county whose population is 100,000 or more; and
(b) The region consisting of all counties whose population are less than 100,000.
2. In a county whose population is 100,000 or more, such a consortium must consist of at least the following persons apppointed by the administrator:
(a) A representative of the division;
(b) A representative of the agency which provides child welfare services;
(c) A representative of the division of health care financing and policy of the department;
(d) A representative of the board of trustees of the school district in the county;
(e) A representative of the local juvenile probation department;
(f) A representative of the local chamber of commerce or business community;
(g) A private provider of mental health care;
(h) A provider of foster care; and
(i) A parent of an emotionally disturbed child.
3. In the region consisting of counties whose population are less than 100,000, such a consortium must consist of at least the following persons appointed by the administrator:
(a) A representative of the division of mental health and developmental services of the department;
(b) A representative of the agency which provides child welfare services in the region;
(c) A representative of the division of health care financing and policy of the department;
(d) A representative of the boards of trustees of the school districts in the region;
(e) A representative of the local juvenile probation departments;
(f) A representative of the chambers of commerce or business community in the region;
(g) A private provider of mental health care;
(h) A provider of foster care; and
(i) A parent of an emotionally disturbed child.
Sec. 122. 1. On or before January 1 of each year, each mental health consortium established pursuant to section 121 of this act shall prepare a recommended plan for the provision of mental health services to emotionally disturbed children in the jurisdiction of the consortium.
2. In preparing the recommended plan, each mental health consortium must be guided by the following principles:
๊2001 Statutes of Nevada, 17th Special Session, Page 53 (Chapter 1, AB 1)๊
(a) The system of mental health services set forth in the plan should be centered on emotionally disturbed children and their families, with the needs and strengths of those children and their family dictating the types and mix of services provided.
(b) The families of emotionally disturbed children, including, without limitation, foster parents, should be active participants in all aspects of planning, selecting and delivering mental health services at the local level.
(c) The system of mental health services should be community-based and flexible, with accountability and the focus of the services at the local level.
(d) The system of mental health services should provide timely access to a comprehensive array of cost-effective mental health services.
(e) Children and their families who are in need of mental health services should be identified as early as possible through screening, assessment processes, treatment and systems of support.
(f) Comprehensive mental health services should be made available in the least restrictive but clinically appropriate environment.
(g) The family of an emotionally disturbed child should be eligible to receive mental health services from the system.
(h) Mental health services should be provided to emotionally disturbed children in a sensitive manner that is responsive to cultural and gender-based differences and the special needs of the children.
3. The plan prepared pursuant to this section must include:
(a) An assessment of the need for mental health services in the jurisdiction of the consortium;
(b) A description of the types of services to be offered to emotionally disturbed children based on the amount of money available to pay the costs of such mental health services within the jurisdiction of the consortium;
(c) Criteria for eligibility for those services;
(d) A description of the manner in which those services may be obtained by eligible children;
(e) The manner in which the costs for those services will be allocated;
(f) The mechanisms to manage the money provided for those services;
(g) Documentation of the number of emotionally disturbed children who are not currently being provided services, the costs to provide services to those children, the obstacles to providing services to those children and recommendations for removing those obstacles;
(h) Methods for obtaining additional money and services for emotionally disturbed children from private and public entities; and
(i) The manner in which family members of eligible children and other persons may be involved in the treatment of the children.
4. On or before January 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the department. If the department disapproves the plan, the department shall submit the plan to the consortium for revision and resubmission to the department.
5. On or before January 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the legislative committee on children, youth and families established pursuant to section 37 of this act and shall submit progress reports to the legislative committee on children, youth and families at the end of each calendar quarter.
๊2001 Statutes of Nevada, 17th Special Session, Page 54 (Chapter 1, AB 1)๊
Sec. 123. NRS 442.400 is hereby amended to read as follows:
442.400 The [division of child and family services of the department] agency which provides child welfare services or a licensed child-placing agency shall inquire, during its initial contact with a natural parent of a child who is to be placed for adoption, about consumption of alcohol or substance abuse by the mother of the child during pregnancy. The information obtained from the inquiry must be:
1. Included in the report provided to the adopting parents of the child pursuant to NRS 127.152; and
2. Reported to the health division on a form prescribed by the health division. The report must not contain any identifying information and may be used only for statistical purposes.
Sec. 124. NRS 442.405 is hereby amended to read as follows:
442.405 1. The [division of child and family services of the department] agency which provides child welfare services shall inquire, during its initial contact with a natural parent of a child who is to be placed in a family foster home, about consumption of alcohol or substance abuse by the mother of the child during pregnancy. The information obtained from the inquiry must be:
(a) Provided to the provider of family foster care pursuant to NRS 424.038; and
(b) Reported to the health division on a form prescribed by the health division. The report must not contain any identifying information and may be used only for statistical purposes.
2. As used in this section, family foster home has the meaning ascribed to it in NRS 424.013.
Sec. 125. NRS 442.410 is hereby amended to read as follows:
442.410 An agency which provides [protective] child welfare services shall inquire, during its initial contact with a natural parent of a child whom a court has determined must be kept in temporary or permanent custody, about consumption of alcohol or substance abuse by the mother of the child during pregnancy. The information obtained from the inquiry must be:
1. Included in the report the agency is required to make pursuant to NRS 432B.540; and
2. Reported to the health division on a form prescribed by the health division. The report must not contain any identifying information and may be used only for statistical purposes.
Sec. 126. NRS 641B.210 is hereby amended to read as follows:
641B.210 1. The board shall [not] grant a license to engage in social work as an associate in social work to any [person on or after June 19, 1995.] applicant who:
(a) Possesses the preliminary qualifications set forth in NRS 641B.200; and
(b) Is employed by an agency which provides child welfare services in a county whose population is 100,000 or more as a social worker, supervisor of social work or administrator of social work on September 1, 2002.
2. The board shall renew the license of any person who was granted a license to engage in social work as an associate in social work if he complies with the provisions of NRS 641B.280.
3. A person who is granted a license to engage in social work as an associate in social work pursuant to subsection 1 may supervise another person engaged in the practice of social work.
๊2001 Statutes of Nevada, 17th Special Session, Page 55 (Chapter 1, AB 1)๊
4. The provisions of this section do not prohibit a social worker, supervisor of social work or administrator of social work who is employed by a public employer on July 1, 1988, and who is granted a license to engage in social work as an associate in social work [,] pursuant to subsection 1, from being promoted to any position for which he would qualify but for the provisions of this chapter.
5. As used in this section, agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
Sec. 127. Section 122 of this act is hereby amended to read as follows:
Sec. 122. 1. On or before January 1 of each year, each mental health consortium established pursuant to section 121 of this act shall prepare a recommended plan for the provision of mental health services to emotionally disturbed children in the jurisdiction of the consortium.
2. In preparing the recommended plan, each mental health consortium must be guided by the following principles:
(a) The system of mental health services set forth in the plan should be centered on emotionally disturbed children and their families, with the needs and strengths of those children and their family dictating the types and mix of services provided.
(b) The families of emotionally disturbed children, including, without limitation, foster parents, should be active participants in all aspects of planning, selecting and delivering mental health services at the local level.
(c) The system of mental health services should be community-based and flexible, with accountability and the focus of the services at the local level.
(d) The system of mental health services should provide timely access to a comprehensive array of cost-effective mental health services.
(e) Children and their families who are in need of mental health services should be identified as early as possible through screening, assessment processes, treatment and systems of support.
(f) Comprehensive mental health services should be made available in the least restrictive but clinically appropriate environment.
(g) The family of an emotionally disturbed child should be eligible to receive mental health services from the system.
(h) Mental health services should be provided to emotionally disturbed children in a sensitive manner that is responsive to cultural and gender-based differences and special needs of the children.
3. The plan prepared pursuant to this section must include:
(a) An assessment of the need for mental health services in the jurisdiction of the consortium;
(b) A description of the types of services to be offered to emotionally disturbed children based on the amount of money available to pay the costs of such mental health services within the jurisdiction of the consortium;
(c) Criteria for eligibility for those services;
(d) A description of the manner in which those services may be obtained by eligible children;
(e) The manner in which the costs for those services will be allocated;
๊2001 Statutes of Nevada, 17th Special Session, Page 56 (Chapter 1, AB 1)๊
(f) The mechanisms to manage the money provided for those services;
(g) Documentation of the number of emotionally disturbed children who are not currently being provided services, the costs to provide services to those children, the obstacles to providing services to those children and recommendations for removing those obstacles;
(h) Methods for obtaining additional money and services for emotionally disturbed children from private and public entities; and
(i) The manner in which family members of eligible children and other persons may be involved in the treatment of the children.
4. On or before January 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the department. If the department disapproves the plan, the department shall submit the plan to the consortium for revision and resubmission to the department.
[5. On or before January 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the legislative committee on children, youth and families established pursuant to section 37 of this act and shall submit progress reports to the legislative committee on children, youth and families at the end of each calendar quarter.]
Sec. 128. Sections 2 and 3 of chapter 508, Statutes of Nevada 1999, at page 2612, are hereby amended to read as follows:
Sec. 2. On or before November 30, [2000,] 2002, the division of child and family services of the department of human resources shall submit a report to the director of the legislative counsel bureau for transmittal to the appropriate legislative committee. The report must include the following information for each agreement entered into pursuant to section 1 of this act:
1. The number of children involved in the pilot project established pursuant to the agreement;
2. A description of the services provided to those children that includes:
(a) The name of the agency that provided the services; and
(b) The costs incurred by the agency that provided the services;
3. If available, the disposition of the cases of those children; and
4. An analysis of the benefits, if any, to the children involved in the pilot project and to the families of those children.
Sec. 3. This act becomes effective on July 1, 1999, and expires by limitation on June 30, [2001.] 2003.
Sec. 129. Section 1 of Senate Bill No. 191 of the 71st session of the Nevada Legislature is hereby amended to read as follows:
Section 1. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A provider of emergency services shall take immediate possession of a child who is or appears to be not more than 30 days old if:
(a) The child is voluntarily delivered to the provider by a parent of the child; and
(b) The parent does not express an intent to return for the child.
2. A provider of emergency services who takes possession of a child pursuant to subsection 1 shall:
๊2001 Statutes of Nevada, 17th Special Session, Page 57 (Chapter 1, AB 1)๊
(a) Perform any act necessary to maintain and protect the physical health and safety of the child.
(b) As soon as reasonably practicable but not later than 24 hours after the provider takes possession of the child, report that possession to an agency which provides [protective] child welfare services.
3. A person who delivers a child to a provider of emergency services pursuant to subsection 1:
(a) Is presumed to have intended to consent to the termination of his parental rights to the child.
(b) Shall be deemed to have given his consent to the performance of all necessary emergency services and care for the child.
(c) Must not be required to provide any background or medical information regarding the child, but may voluntarily do so.
(d) Unless there is reasonable cause to believe that the child has been abused or neglected, excluding the mere fact that the person has delivered the child to the provider pursuant to subsection 1:
(1) Must not be required to disclose any identifying information, but may voluntarily do so;
(2) Must be allowed to leave at any time; and
(3) Must not be pursued or followed.
4. As used in this section, provider of emergency services means:
(a) A hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS;
(b) A public fire-fighting agency; or
(c) A law enforcement agency.
Sec. 130. NRS 424.035 is hereby repealed.
Sec. 131. The legislative committee on children, youth and families established pursuant to section 37 of this act shall monitor the transfer of duties relating to the provision of child welfare services from the division of child and family services of the department of human resources to each agency which provides child welfare services in a county whose population is 100,000 or more, including, without limitation, the fiscal effects resulting from the transfer of such duties.
Sec. 132. 1. The division of child and family services of the department of human resources, in consultation with each agency which provides child welfare services in a county whose population is 100,000 or more, shall develop a plan for funding the provision of child welfare services in this state. The plan must address the fiscal responsibility of the state and each such county for any increases in the costs of providing those services. The division of child and family services shall submit the plan to the legislative committee on children, youth and families established pursuant to section 37 of this act on or before September 15, 2002, for its review.
2. The legislative committee on children, youth and families may revise the plan submitted by the division of child and family services pursuant to subsection 1 as it deems necessary and shall submit the plan, including any necessary revisions, to the governor and the interim finance committee on or before November 15, 2002.
Sec. 133. 1. Notwithstanding the provisions of chapter 284 of NRS and any regulations adopted pursuant thereto to the contrary:
(a) The positions in the division of child and family services of the department of human resources that are to be abolished must be determined jointly by the division and each agency which provides child welfare services in a county whose population is 100,000 or more based on the necessity of the positions to carry out the provisions of this act.
๊2001 Statutes of Nevada, 17th Special Session, Page 58 (Chapter 1, AB 1)๊
in a county whose population is 100,000 or more based on the necessity of the positions to carry out the provisions of this act.
(b) The abolishment of positions pursuant to paragraph (a) must not affect employees of the division who are employed in positions that will not be abolished.
2. The agency which provides child welfare services in a county in which a position in the division of child and family services of the department of human resources which is being abolished is located shall make an offer of employment in a comparable position to the employee of the division who had filled that position immediately preceding its abolishment.
3. An employee of the division of child and family services of the department of human resources who accepts an offer of employment made pursuant to subsection 2 from an agency which provides child welfare services in a county whose population is 100,000 or more may:
(a) Transfer all of his accrued sick leave, including, without limitation, all of his unused sick leave accrued but not carried forward pursuant to NRS 284.355, as of the effective date of the abolishment of his position to his sick leave account with the agency with which he accepted employment pursuant to subsection 2. If an employee of the division transfers his sick leave pursuant to this paragraph, he may only use that sick leave after he has exhausted the sick leave that he accrues at the county agency. The employee may not receive any payment for that sick leave after the sick leave has been transferred pursuant to this paragraph; or
(b) Receive payment for his unused sick leave, exclusive of any unused sick leave accrued but not carried forward, as of the effective date of the abolishment of his position, according to his number of years of public service, except service with a political subdivision of the state, as follows:
(1) For less than 10 years of service, not more than $1,500.
(2) For 10 years of service or more but less than 15 years, not more than $2,500.
(3) For 15 years of service or more but less than 20 years, not more than $4,000.
(4) For 20 years of service or more but less than 25 years, not more than $6,000.
(5) For 25 years of service or more, not more than $8,000.
If the payment provided pursuant to this paragraph does not compensate the employee fully for the unused sick leave that the employee has accrued and carried forward, the remaining balance of the employees unused sick leave must be transferred to his sick leave account with the agency with which he accepted employment pursuant to subsection 2. All of the employees unused sick leave that has been accrued but not carried forward pursuant to NRS 284.355 must be transferred to his sick leave account with the agency with which he accepted employment pursuant to subsection 2. If sick leave is transferred to the employees sick leave account with the county agency pursuant to this paragraph, the employee may only use that sick leave after he has exhausted the sick leave that he accrues at the county agency. The employee may not receive any payment for sick leave that is transferred pursuant to this paragraph.
4. Notwithstanding any provision to the contrary, an employee of the division of child and family services of the department of human resources who accepted an offer of employment made pursuant to subsection 2 with an agency which provides child welfare services in a county whose population is 100,000 or more shall receive payment for all of the annual leave that he had accrued as of the date of the abolishment of his position, unless the employee, before the effective date of the abolishment of his position, requests the division to transfer a portion or all of his accrued annual leave to his account for annual leave with the agency with which he accepted employment pursuant to subsection 2.
๊2001 Statutes of Nevada, 17th Special Session, Page 59 (Chapter 1, AB 1)๊
agency which provides child welfare services in a county whose population is 100,000 or more shall receive payment for all of the annual leave that he had accrued as of the date of the abolishment of his position, unless the employee, before the effective date of the abolishment of his position, requests the division to transfer a portion or all of his accrued annual leave to his account for annual leave with the agency with which he accepted employment pursuant to subsection 2. If the employee requests the transfer of a portion of his annual leave to his account for annual leave with the county agency pursuant to this subsection, the employee shall receive payment for the remaining balance of his accrued annual leave that he did not transfer. After his acceptance of employment with the county agency, the employee must accrue annual leave at a rate that is based on his years of state service and county service.
5. An employee of the division of child and family services of the department of human resources who is licensed to engage in social work pursuant to chapter 641B of NRS must be classified and continued as a social worker after accepting employment with the county agency pursuant to subsection 2. Persons hired by the county agency on or after October 1, 2001, in the capacity of social worker, supervisor of social work or administrator of social work must be licensed pursuant to chapter 641B of NRS.
6. Notwithstanding any county ordinance or regulation to the contrary, an employee of the division of child and family services of the department of human resources who is a permanent employee of the division at the time at which he accepts employment offered pursuant to subsection 2 with an agency which provides child welfare services in a county whose population is 100,000 or more must not be subject to any probationary period otherwise applicable to his initial employment with the county agency. An employee of the division of child and family services of the department of human resources who is not a permanent employee of the division at the time at which he accepts employment offered pursuant to subsection 2 with an agency which provides child welfare services in a county whose population is 100,000 or more may be subject to a probationary period between 6 months and 2 years, as determined by the county agency. If such an employee completes his probationary period successfully, the employee must be given permanent status.
7. If an employee of the division of child and family services of the department of human resources accepts an offer of employment made pursuant to subsection 2 with an agency which provides child welfare services in a county whose population is 100,000 or more, the base salary for the new position with the county agency:
(a) Must be in a range of salary such that the employee will not experience any reduction in his annual net salary.
(b) Must be adjusted to include any merit increase that the employee would have been eligible to receive within the 1-year period after his acceptance of an offer pursuant to subsection 2 if the employee had remained employed by the division of child and family services of the department of human resources. Such an increase must not commence until the date on which the employee would have received the merit increase if the employee had remained employed by the division of child and family services.
๊2001 Statutes of Nevada, 17th Special Session, Page 60 (Chapter 1, AB 1)๊
(c) Must include any increases that had been provided to the employee pursuant to NRS 284.177 before the abolishment of his position. After acceptance of an offer of employment made pursuant to subsection 2 with the county agency, any increase in the employees salary based on longevity must be based only on the employees years of service with the county agency.
(d) Must be increased by 5 percent more than the base salary of the corresponding position that he occupied at the division which was abolished if the employee is fluent in a language spoken by 10 percent or more of the clients of the agency.
8. Notwithstanding any provision of the law, county ordinance or collective bargaining agreement entered into pursuant to chapter 288 of NRS to the contrary, an agency which provides child welfare services in a county whose population is 100,000 or more shall pay to the public employees benefits program the premiums or contributions for each employee of the division of child and family services of the department of human resources who:
(a) Accepts an offer of employment made pursuant to subsection 2 by the agency; and
(b) Participated in the public employees benefits program,
from the date on which the position of the employee was abolished until the employee is eligible for coverage for health benefits by the county agency. The coverage of the employee under the public employees benefits program must be continuous until his coverage for health benefits commences with the county agency.
9. An agency which provides child welfare services in a county whose population is 100,000 or more shall recognize the results of any background investigation or drug screening performed regarding an employee of the division of child and family services of the department of human resources who accepts an offer of employment made pursuant to subsection 2 with that agency.
10. Notwithstanding any provision of the law, county ordinance or collective bargaining agreement entered into pursuant to chapter 288 of NRS to the contrary, an employee of the division of child and family services of the department of human resources who accepts an offer of employment made pursuant to subsection 2 is entitled to the same rights as a county employee in the case of a layoff at the county agency. For the purposes of a layoff at the county agency, the number of years of state service of such an employee of the division of child and family services must be considered in addition to his years of service with the county agency within the classification and unit in which the employee is employed if the employee has maintained the same classification that the employee had before accepting employment with the county agency pursuant to subsection 2.
Sec. 134. Notwithstanding any provision of chapter 284 of NRS or any regulations adopted pursuant thereto to the contrary, an employee of the division of child and family services of the department of human resources whose position is or will be abolished may request that his name be placed on the appropriate reemployment list before or after his position is abolished and is entitled to all related rights and privileges as if he had been laid off on the date on which his position was abolished.
๊2001 Statutes of Nevada, 17th Special Session, Page 61 (Chapter 1, AB 1)๊
Sec. 135. Notwithstanding the amendatory provisions of this act, the division of child and family services of the department of human resources shall, except as otherwise provided in NRS 432B.325, provide child welfare services in a county whose population is 100,000 or more as necessary until the division and the board of county commissioners of the county agree that an agency in the county is fully capable of providing child welfare services. Any dispute regarding the capability of the agency to provide child welfare services must be determined by the governor.
Sec. 136. 1. There is hereby appropriated from the state general fund to the division of child and family services of the department of human resources the sum of $5,166,860 for one-time costs associated with the transfer of certain child welfare services from the department of human resources to Clark County and Washoe County. No expenditures may be made from the money appropriated pursuant to this subsection for ongoing costs related to the integration of the child welfare system.
2. The money appropriated by subsection 1 must be deposited into the account established solely for the costs related to the integration of the child welfare system.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 137. 1. There is hereby appropriated from the state general fund to the division of child and family services of the department of human resources for ongoing costs associated with the transfer of certain child welfare services from the department of human resources to Clark County and Washoe County:
For the fiscal year 2001-2002..................................................................................................... $1,015,497
For the fiscal year 2002-2003..................................................................................................... $5,619,610
On or before June 30, 2002, the sum appropriated pursuant to this subsection may be transferred from one fiscal year to the other with the approval of the interim finance committee upon the recommendation of the Governor.
2. The money appropriated by subsection 1 must be deposited into the account established solely for the costs related to the integration of the child welfare system.
3. Any remaining balance of the sum appropriated by subsection 1 for fiscal year 2001-2002 that has not been transferred to fiscal year 2002-2003 must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.
4. Any remaining balance of the sum appropriated by subsection 1 for fiscal year 2002-2003 and any sum transferred from fiscal year 2001-2002 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 138. 1. Notwithstanding any provision of chapter 353 of NRS to the contrary, the division of child and family services of the department of human resources may submit a request to the budget division of the department of administration to transfer money appropriated to the division in the budget accounts for children and family administration, youth community services and child care services to the account established solely for the costs related to the integration of the child welfare system. The interim finance committee may approve the transfer of money from those three budget accounts pursuant to this subsection upon receipt of a recommendation to do so from the governor.
๊2001 Statutes of Nevada, 17th Special Session, Page 62 (Chapter 1, AB 1)๊
interim finance committee may approve the transfer of money from those three budget accounts pursuant to this subsection upon receipt of a recommendation to do so from the governor.
2. On or before June 30, 2002, any sum transferred from the budget account for youth community services to the new account established solely for the costs related to the integration of the child welfare system pursuant to subsection 1 may be transferred from one fiscal year to the other with the approval of the interim finance committee upon the recommendation of the Governor.
3. Any remaining balance of the sums transferred to the new account established solely for the costs related to the integration of the child welfare system pursuant to subsection 1 for fiscal year 2001-2002 that has not been transferred to fiscal year 2002-2003 must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.
4. Any remaining balance of the sums transferred to the new account established solely for the costs related to the integration of the child welfare system pursuant to subsection 1 for fiscal year 2002-2003 and any sum transferred in that account from fiscal year 2001-2002 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 139. 1. This section and sections 128, 134, 136 and 140 of this act become effective upon passage and approval.
2. Sections 35 to 39, inclusive, 131, 137 and 138 of this act become effective on July 1, 2001.
3. Sections 1 to 9, inclusive, 11, 13 to 20, inclusive, 22 to 34, inclusive, 40 to 92, inclusive, 94 to 126, inclusive, 129, 130, 132, 133 and 135 of this act become effective on October 1, 2001.
4. Sections 10, 21 and 93 of this act become effective at 12:01 a.m. on October 1, 2001.
5. Section 12 of this act becomes effective at 12:02 a.m. on October 1, 2001.
6. Section 126 of this act expires by limitation on January 1, 2005.
7. Sections 35 to 39, inclusive, 122 and 131 of this act expire by limitation on June 30, 2005.
8. Section 127 of this act becomes effective on July 1, 2005.
Sec. 140. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to agency which provides protective services to agency which provides child welfare services.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to agency which provides protective services to agency which provides child welfare services.
________
๊2001 Statutes of Nevada, 17th Special Session, Page 63๊
Assembly Bill No. 2Joint Rules Committee
CHAPTER 2
AN ACT relating to public employees; authorizing a leave of absence for certain public officers and employees to assist the division of emergency management of the department of motor vehicles and public safety or a local organization for emergency management during a disaster or emergency; authorizing payment for the unused sick leave of state employees that is accrued but not carried forward in certain circumstances; increasing the maximum authorized amount of money from the reserve for statutory contingency account that the state board of examiners may authorize for payment of the salary of a replacement officer or employee following the purchase of certain leave of a former officer or employee; and providing other matters properly relating thereto.
[Approved: June 15, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any public officer or employee of the state or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is an emergency communications technician must be relieved from his duties, upon the request of the division of emergency management of the department of motor vehicles and public safety or a local organization for emergency management and the approval of his employer, to assist the division or local organization for emergency management during a disaster or emergency that occurs in this state, California, Oregon, Idaho, Utah or Arizona, without loss of his regular compensation for a period of not more than 15 working days in any calendar year. No such absence may be a part of the annual vacation of the public officer or employee which is provided for by law.
2. As used in this section:
(a) Disaster has the meaning ascribed to it in NRS 414.0335.
(b) Emergency has the meaning ascribed to it in NRS 414.0345.
(c) Emergency communications technician means a person who is:
(1) Licensed by the Federal Communications Commission as an amateur radio operator; and
(2) A member of:
(I) The Radio Amateur Civil Emergency Service or a successor organization sponsored by the agency of the Federal Government for emergency management; or
(II) The Amateur Radio Emergency Service or a successor organization sponsored by the American Radio Relay League or its successor.
(d) Local organization for emergency management has the meaning ascribed to it in NRS 414.036.
Sec. 2. NRS 284.355 is hereby amended to read as follows:
284.355 1. Except as otherwise provided in this section, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from [one] 1 year to the next is limited to one-half of the unused sick leave accrued during that year, but the department may by regulation provide for subsequent use of unused sick leave accrued but not carried forward [by reason] because of this limitation in cases where the employee is suffering from a long-term or chronic illness and has used all sick leave otherwise available to him.
๊2001 Statutes of Nevada, 17th Special Session, Page 64 (Chapter 2, AB 2)๊
employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from [one] 1 year to the next is limited to one-half of the unused sick leave accrued during that year, but the department may by regulation provide for subsequent use of unused sick leave accrued but not carried forward [by reason] because of this limitation in cases where the employee is suffering from a long-term or chronic illness and has used all sick leave otherwise available to him.
2. Upon the retirement of an employee, his termination through no fault of his own or his death while in public employment, the employee or his beneficiaries are entitled to payment [for] :
(a) For his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of public service, except service with a political subdivision of the state, as follows:
[(a)] (1) For 10 years of service or more but less than 15 years, not more than $2,500.
[(b)] (2) For 15 years of service or more but less than 20 years, not more than $4,000.
[(c)] (3) For 20 years of service or more but less than 25 years, not more than $6,000.
[(d)] (4) For 25 years of service, not more than $8,000.
(b) For his unused sick leave accrued but not carried forward, an amount equal to one-half of the sum of:
(1) His hours of unused sick leave accrued but not carried forward; and
(2) An additional 120 hours.
3. The department may by regulation provide for additional sick and disability leave for long-term employees and for prorated sick and disability leave for part-time employees.
[2.] 4. An employee entitled to payment for unused sick leave pursuant to subsection [1] 2 may elect to receive the payment in any one or more of the following forms:
(a) A lump-sum payment.
(b) An advanced payment of the premiums or contributions for insurance coverage for which he is otherwise eligible pursuant to chapter 287 of NRS. If the insurance coverage is terminated and the money advanced for premiums or contributions pursuant to this subsection exceeds the amount which is payable for premiums or contributions for the period for which the former employee was actually covered, the unused portion of the advanced payment must be paid promptly to the former employee or, if he is deceased, to his beneficiary.
(c) The purchase of additional retirement credit, if he is otherwise eligible pursuant to chapter 286 of NRS.
[3.] 5. Officers and members of the faculty of the University and Community College System of Nevada are entitled to sick and disability leave as provided by the regulations adopted pursuant to subsection 2 of NRS 284.345.
[4.] 6. The department may by regulation provide policies concerning employees with mental or emotional disorders which:
๊2001 Statutes of Nevada, 17th Special Session, Page 65 (Chapter 2, AB 2)๊
(a) [Utilize] Use a liberal approach to the granting of sick leave or leave without pay [when] to such an employee if it is necessary for [them] him to be absent for treatment or temporary hospitalization.
(b) Provide for the retention of [their jobs] the job of such an employee for a reasonable [periods] period of absence, and [where] if an extended absence necessitates separation or retirement, provide for [their] the reemployment of such an employee if at all possible after recovery.
(c) Protect employee benefits [such as] , including, without limitation, retirement, life insurance and health benefits.
[5.] 7. The director shall establish by regulation a schedule for the accrual of sick leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of sick leave at the same rate proportionately as employees who work a 40-hour week accrue sick leave.
[6.] 8. The department may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled. If, after notice to the employee and a hearing, the commission determines that he has [in fact] taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of his accrued sick leave.
Sec. 3. NRS 353.262 is hereby amended to read as follows:
353.262 When the state board of examiners finds, after diligent inquiry and examination, that:
1. As a result of payment for terminal leave, sick leave or unused sick leave to any state officer or employee or his beneficiary, sufficient appropriated money does not remain available to permit the payment of a salary when due to a person to be appointed or employed to replace the officer or employee; and
2. The appointment or employment of the replacement is necessary in the best interests of the state,
the state board of examiners may authorize the expenditure of sums not exceeding [$8,000] $12,000 from the reserve for statutory contingency account for payment of a salary when due to each person so appointed or employed as a replacement for the person to whom the terminal leave pay or sick leave pay was paid or is payable.
Sec. 4. Notwithstanding the provisions of subsection 6 of NRS 284.3621, if a state employee to whom NRS 284.355 applies transferred between July 1, 1998, and July 1, 2001, any amount of his unused sick leave accrued but not carried forward to an account for catastrophic leave established pursuant to NRS 284.3621, the employee may, before January 1, 2002, request his appointing authority to transfer to his account for his unused sick leave accrued but not carried forward an amount of his unused sick leave that he is entitled to carry forward pursuant to subsection 1 of NRS 284.355 that is equal to the amount of his unused sick leave that he transferred to an account for catastrophic leave during that period, less any unused sick leave returned to the employee from an account for catastrophic leave pursuant to subsection 5 of NRS 284.3621. Upon receipt of such a request, the appointing authority of the employee shall cause the transfer of such sick leave before July 1, 2002.
Sec. 5. This act becomes effective on July 1, 2001.
________
๊2001 Statutes of Nevada, 17th Special Session, Page 66๊
Assembly Bill No. 3Joint Rules Committee
CHAPTER 3
AN ACT relating to real property; requiring an affidavit in support of an action concerning constructional defects against a design professional; and providing other matters properly relating thereto.
[Approved: June 15, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. Complainant means a person who makes a claim or files an action against a design professional pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act.
Sec. 4. Design professional means a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.
Sec. 5. 1. Except as otherwise provided in subsection 2, in an action governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, the attorney for the complainant shall file an affidavit with the court concurrently with the service of the first pleading in the action stating that the attorney:
(a) Has reviewed the facts of the case;
(b) Has consulted with an expert;
(c) Reasonably believes the expert who was consulted is knowledgeable in the relevant discipline involved in the action; and
(d) Has concluded on the basis of his review and the consultation with the expert that the action has a reasonable basis in law and fact.
2. The attorney for the complainant may file the affidavit required pursuant to subsection 1 at a later time if he could not consult with an expert and prepare the affidavit before filing the action without causing the action to be impaired or barred by the statute of limitations or repose, or other limitations prescribed by law. If the attorney must submit the affidavit late, he shall file an affidavit concurrently with the service of the first pleading in the action stating his reason for failing to comply with subsection 1 and the attorney shall consult with an expert and file the affidavit required pursuant to subsection 1 not later than 45 days after filing the action.
3. In addition to the statement included in the affidavit pursuant to subsection 1, a report must be attached to the affidavit. Except as otherwise provided in subsection 4, the report must be prepared by the expert consulted by the attorney and include, without limitation:
๊2001 Statutes of Nevada, 17th Special Session, Page 67 (Chapter 3, AB 3)๊
(a) The resum้ of the expert;
(b) A statement that the expert is experienced in each discipline which is the subject of the report;
(c) A copy of each nonprivileged document reviewed by the expert in preparing his report, including, without limitation, each record, report and related document that the expert has determined is relevant to the allegations of negligent conduct that are the basis for the action;
(d) The conclusions of the expert and the basis for the conclusions; and
(e) A statement that the expert has concluded that there is a reasonable basis for filing the action.
4. In an action brought by a claimant in which an affidavit is required to be filed pursuant to subsection 1:
(a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the claimant or his attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that he made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;
(b) The claimant or his attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and
(c) The court may dismiss the action if the claimant and his attorney fail to comply with the requirements of paragraph (b).
5. An expert consulted by an attorney to prepare an affidavit pursuant to this section must not be a party to the action.
6. As used in this section, expert means a person who is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture.
Sec. 6. 1. The court shall dismiss an action governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, if the attorney for the complainant fails to:
(a) File an affidavit required pursuant to section 5 of this act;
(b) File a report required pursuant to subsection 3 of section 5 of this act; or
(c) Name the expert consulted in the affidavit required pursuant to subsection 1 of section 5 of this act.
2. The fact that an attorney for a complainant has complied or failed to comply with the provisions of section 5 of this act is admissible in the action.
Sec. 7. NRS 40.600 is hereby amended to read as follows:
40.600 As used in NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 40.605 to 40.630, inclusive, have the meanings ascribed to them in those sections.
๊2001 Statutes of Nevada, 17th Special Session, Page 68 (Chapter 3, AB 3)๊
Sec. 8. The amendatory provisions of this act do not apply to a claim initiated or an action commenced pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, unless the claim was initiated or the action was commenced on or after October 1, 2001.
________
Assembly Bill No. 4Joint Rules Committee
CHAPTER 4
AN ACT relating to the judiciary; establishing a judicial retirement system for certain justices of the supreme court and district court judges; providing a penalty; and providing other matters properly relating thereto.
[Approved: June 15, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 1 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 68, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Board means the public employees retirement board.
Sec. 4. 1. Compensation means the salary paid to a justice of the supreme court or district judge by this state including:
(a) Base pay, which is the monthly rate of pay excluding all fringe benefits;
(b) Additional payment for longevity; and
(c) Payment for extra duty assignments if it is the standard practice of this state to include such pay in the employment contract or official job description for the calendar year in which it is paid and such pay is specifically included in the justices or judges employment contract or official job description.
2. The term does not include any type of payment not specifically described in this section.
Sec. 5. Disability retirement allowance means monthly payments from the judicial retirement fund paid to disabled retired justices of the supreme court or district judges pursuant to the judicial retirement plan.
Sec. 6. Judicial retirement plan means the retirement plan established pursuant to section 25 of this act.
Sec. 7. Retired justice or judge means a justice of the supreme court or district judge who was a member of the judicial retirement plan at the time he retired or who decides, pursuant to section 23 or 24 of this act, to receive benefits for retirement pursuant to the judicial retirement plan.
Sec. 8. Service means all creditable employment which is validated pursuant to the provisions of this chapter and can be used in determining eligibility and scope of benefits for justices of the supreme court or district judges pursuant to the judicial retirement plan.
๊2001 Statutes of Nevada, 17th Special Session, Page 69 (Chapter 4, AB 4)๊
Sec. 9. Service retirement allowance means monthly payments from the judicial retirement fund paid to a retired justice of the supreme court or district judge pursuant to the judicial retirement plan for the remainder of his life.
Sec. 10. System means the judicial retirement system established pursuant to this chapter.
Sec. 11. 1. A system of retirement providing benefits for the retirement, disability or death of all justices of the supreme court and district judges and funded on an actuarial reserve basis is hereby established and must be known as the judicial retirement system.
2. The system consists of the judicial retirement plan and the provisions set forth in NRS 2.060 to 2.075, inclusive, and section 70 of this act and NRS 3.090 to 3.097, inclusive, and section 75 of this act for providing benefits to justices of the supreme court or district judges who served either as a justice of the supreme court or district judge before November 5, 2002. Each justice of the supreme court or district judge who is not a member of the public employees retirement system is a member of the system.
3. The official correspondence and records, other than the files of individual members of the system or retired justices or judges, and the minutes and books of the system are public records and are available for public inspection.
4. The system must be administered exclusively by the board, which shall make all necessary rules and regulations for the administration of the system. The rules must include, without limitation, rules relating to the administration of the retirement plans in accordance with federal law. The legislature shall regularly review the system.
Sec. 12. All records maintained for a member of the system, retired justice or judge, justice or judge who retired pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act, or his beneficiary may be reviewed and copied only by the system, the member, the court administrator, the spouse of the member, or the retired justice or judge or his spouse, or pursuant to a court order, or by a beneficiary after the death of the justice or judge on whose account benefits are received pursuant to the system. Any member, retired justice or judge, justice or judge who retired pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act, or beneficiary may submit a written waiver to the system authorizing his representative to review or copy all such records.
Sec. 13. 1. The judicial retirement fund is hereby established as a trust fund.
2. It is hereby declared to be the policy of the legislature that the judicial retirement fund is established to afford a degree of security to long-time justices of the supreme court and district judges in this state. The money in the fund must not be used or appropriated for any purpose incompatible with the provisions of this chapter or NRS 2.060 to 2.075, inclusive, and section 70 of this act, or NRS 3.090 to 3.097, inclusive, and section 75 of this act. The fund must be invested and administered to ensure the highest return consistent with safety in accordance with accepted investment practices.
๊2001 Statutes of Nevada, 17th Special Session, Page 70 (Chapter 4, AB 4)๊
3. All money appropriated by the legislature to the judicial retirement fund, all money submitted to the system for deposit in the fund pursuant to section 14 of this act and all income accruing to the fund from all other sources must be deposited in the fund.
4. The interest and income earned on the money in the judicial retirement fund, after deducting any applicable charges, must be credited to the fund.
5. The system must pay all retirement allowances, benefits, optional settlements and other obligations or payments payable by the system pursuant to this chapter and NRS 2.060 to 2.075, inclusive, and section 70 of this act and NRS 3.090 to 3.097, inclusive, and section 75 of this act from the judicial retirement fund. The money in the fund must be expended by the board for the payment of expenses authorized by law to be paid from the fund.
Sec. 14. 1. Beginning July 1, 2003, the court administrator shall submit to the system for deposit in the judicial retirement fund on behalf of each member of the system the percentage of compensation of the member that is determined by the actuary of the system to be required to pay the normal cost incurred in making payments pursuant to subsection 5 of section 13 of this act and any administrative expenses of the system. Such payments must be:
(a) Accompanied by payroll reports that include information deemed necessary by the board to carry out its duties; and
(b) Received by the system not later than 15 days after the calendar month for which the compensation and service credits of members of the system are reported and certified by the court administrator. The compensation must be reported separately for each month that it is paid.
2. Beginning July 1, 2003, the court administrator shall pay to the system for deposit in the judicial retirement fund from any fund created for the purpose of paying pension benefits to justices of the supreme court or district judges an amount as the contribution of the State of Nevada as employer which is actuarially determined to be sufficient to provide the system with enough money to pay all benefits for which the system will be liable.
Sec. 15. 1. The board shall establish a fund known as the judicial retirement administrative fund in which must be deposited all administrative fees.
2. The board shall fix an administrative fee per capita sufficient to pay the expense of operating the judicial retirement system.
Sec. 16. 1. The board may establish a fund to pay the accrued benefits of a member of the system that are not payable because of the limitations set forth in section 27 of this act. The fund must be established in accordance with the provisions of section 415(m) of the Internal Revenue Code, 26 U.S.C. ง 415(m), and must be separate from the judicial retirement fund.
2. If the board establishes a fund pursuant to subsection 1, the benefits that are required to be paid from the fund must be paid from money in the fund.
Sec. 17. The board has the exclusive control of the administration and investment of the judicial retirement fund, with the same powers and duties and subject to the same limitations and restrictions that are applicable to the administration and investment of the public employees retirement fund.
๊2001 Statutes of Nevada, 17th Special Session, Page 71 (Chapter 4, AB 4)๊
the administration and investment of the public employees retirement fund.
Sec. 18. Except as specifically provided in this chapter, the accounts of members of the system and recipients of benefits of the system must be administered in accordance with the provisions of chapter 286 of NRS as if the justice of the supreme court or the district judge were or had been a member of the public employees retirement system.
Sec. 19. 1. The board shall not change the actuarial assumptions used in computing the benefits provided to a member of the system.
2. The board shall make available to every member of the system upon request the actuarial assumptions used in computing the benefits provided to a member of the system.
Sec. 20. 1. The board, subject to the limitations of this chapter, is responsible for managing the system.
2. The board shall:
(a) Arrange for a biennial actuarial valuation and report of the actuarial soundness of the system to be prepared by an independent actuary based upon data compiled and supplied by employees of the system, and shall adopt actuarial tables and formula prepared and recommended by the actuary;
(b) Provide for a biennial audit of the system, including, without limitation, the judicial retirement administrative fund, by an independent certified public accountant; and
(c) Provide an annual report concerning the judicial retirement system established pursuant to this chapter to the court administrator, the governor and each member of the legislature, and make the report available to all members of the judicial retirement system upon request. The report must contain, when available, a review of the actuarial valuation required by paragraph (a).
3. The board may:
(a) Adjust the service or correct the records, allowance or benefits of any member of the system, retired justice or judge or beneficiary after an error or inequity has been determined, and require repayment of any money determined to have been paid by the system in error, if the money was paid within 6 years before demand for its repayment.
(b) Examine and copy personnel and financial records of a justice of the supreme court or district judge that are maintained by the court administrator.
(c) Require an annual notarized statement from a retired justice or judge or beneficiary that he is in fact receiving an allowance or benefits, and withhold the allowance or benefits if he fails to provide the statement.
4. As used in this section, error or inequity means the existence of extenuating circumstances, including, without limitation, a members reasonable and detrimental reliance on representations made by the system which prove to be erroneous, or the mental incapacity of the member.
Sec. 21. 1. No person may become a member of the judicial retirement system unless he is a justice of the supreme court or a district judge.
2. Except as otherwise provided in section 32 of this act, persons retired under the provisions of this chapter who are employed as a justice of the supreme court or district judge in any judicial capacity, including, without limitation, employment as a senior justice or senior judge of the Nevada court system, are not eligible to become members of the system.
๊2001 Statutes of Nevada, 17th Special Session, Page 72 (Chapter 4, AB 4)๊
without limitation, employment as a senior justice or senior judge of the Nevada court system, are not eligible to become members of the system.
Sec. 22. 1. Membership of a justice of the supreme court or a district judge in the system terminates upon:
(a) The death of a member;
(b) Receipt of retirement allowances by a member of the judicial retirement plan or retirement benefits pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act; or
(c) Receipt of disability allowances by a member of the judicial retirement plan or disability benefits pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act.
2. A retired justice or judge is not entitled to any right conferred by this chapter upon a member of the system unless the provision conferring that right expressly states that it is conferred upon a retired justice or judge.
3. A justice or judge who retired pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act, is not entitled to any right conferred by this chapter upon a member of the system unless the provision conferring that right expressly states that it is conferred upon a justice or judge who retired pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act.
Sec. 23. 1. Each justice of the supreme court or district judge who is elected or appointed as a justice of the supreme court or a district judge on or after November 5, 2002, who takes office on or after January 1, 2003, and who previously has not served as either a justice of the supreme court or a district judge must receive benefits for retirement, benefits for disability and survivor benefits under the judicial retirement plan, if eligible to receive such benefits under the judicial retirement plan, unless he is a member of the public employees retirement system and elects to remain a member pursuant to section 24 of this act if eligible to do so.
2. Each justice of the supreme court or district judge who is elected or appointed as a justice of the supreme court or district judge on or after November 5, 2002, and who previously has served as either a justice of the supreme court or a district judge must receive benefits for retirement, benefits for disability and survivor benefits pursuant to either:
(a) NRS 2.060 to 2.075, inclusive, and section 70 of this act or NRS 3.090 to 3.097, inclusive, and section 75 of this act, as those sections existed on November 5, 2002, if eligible to receive such benefits under such provisions; or
(b) The judicial retirement plan, if eligible to receive such benefits under the judicial retirement plan,
whichever is most beneficial to the justice or judge or his survivor, as determined by the justice or judge at the time of his retirement or the time at which he becomes disabled, or as determined by his survivor at the time of his death, unless he is a member of the public employees retirement system and elects to remain a member pursuant to section 24 of this act if eligible to do so. A survivor may not change a determination that affects the survivor and which was made by a justice or judge pursuant to this section while the justice or judge was alive.
๊2001 Statutes of Nevada, 17th Special Session, Page 73 (Chapter 4, AB 4)๊
3. A determination made pursuant to subsection 2 is final and if a justice or judge or his survivor determines pursuant to subsection 2:
(a) To receive benefits pursuant to the judicial retirement plan, the justice, judge or survivor may not receive benefits pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act; or
(b) To receive benefits pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act, the justice, judge or survivor may not receive benefits pursuant to the judicial retirement plan.
4. No justice of the supreme court or district judge or survivor of a justice of the supreme court or district judge may receive benefits under both this chapter and:
(a) NRS 2.060 to 2.075, inclusive, and section 70 of this act; or
(b) NRS 3.090 to 3.097, inclusive, and section 75 of this act.
5. A justice of the supreme court or district judge or a survivor of a justice of the supreme court or district judge who is receiving retirement allowances pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act, on January 1, 2003, is not eligible for transfer to the judicial retirement plan.
Sec. 24. 1. A person who is elected or appointed as a justice of the supreme court or district judge on or after November 5, 2002, and takes office on or after January 1, 2003, who is a member of the public employees retirement system established pursuant to chapter 286 of NRS on the date that he is elected or appointed may withdraw from the public employees retirement system and become a member of the judicial retirement plan if he gives written notice to the board of his intention to withdraw from the public employees retirement system and to become a member of the judicial retirement plan. Such notice must be given to the board within the time set forth in subsection 3 and must be given the first time that the justice or judge is elected or appointed while he is a member of the public employees retirement system.
2. A justice or judge may not become a member of the judicial retirement plan pursuant to subsection 1 if he has previously been elected or appointed on or after November 5, 2002, and taken office on or after January 1, 2003, while he was a member of the public employees retirement system and he did not give notice of his intention to withdraw from the public employees retirement system and to become a member of the judicial retirement plan in the manner set forth in this section.
3. Written notice given pursuant to subsection 1 must be received by the board:
(a) If the justice or judge is elected, by March 31 of the year immediately following the year in which he was elected; or
(b) If the justice or judge is appointed, within 90 days after his appointment.
4. If the board receives notice pursuant to this section that a justice or judge intends to withdraw from the public employees retirement system, it shall transfer from the public employees retirement fund to the judicial retirement plan the accrued actuarial liability and credit for service earned by the justice or judge while a member of the public employees retirement system as determined by an actuary of the judicial retirement system.
๊2001 Statutes of Nevada, 17th Special Session, Page 74 (Chapter 4, AB 4)๊
system as determined by an actuary of the judicial retirement system. The service so transferred must be accredited under the judicial retirement plan as if performed in the public employees retirement system.
5. A justice or judge who exercises the option granted by this section may not reestablish the service for which the liabilities were transferred.
6. No justice of the supreme court or district judge or survivor of a justice of the supreme court or district judge may receive benefits under both this chapter and chapter 286 of NRS.
7. A justice of the supreme court or district judge or survivor of a justice of the supreme court or district judge who is receiving a retirement allowance from the public employees retirement system on January 1, 2003, is not eligible for transfer to the judicial retirement plan.
Sec. 25. 1. A plan under which all justices of the supreme court and district judges who are elected or appointed for the first time as either a justice of the supreme court or district judge on or after November 5, 2002, and who take office on or after January 1, 2003, and who do not elect to remain in the public employees retirement system, if eligible to do so, must receive benefits for retirement, disability and death is hereby established and must be known as the judicial retirement plan.
2. Each justice of the supreme court or district judge elected or appointed for the first time as either a justice of the supreme court or district judge on or after November 5, 2002, and who takes office on or after January 1, 2003, and who does not elect pursuant to section 24 of this act to remain in the public employees retirement system, if eligible to do so, is a member of the judicial retirement plan.
3. Benefits are earned pursuant to the judicial retirement plan in the manner set forth in sections 26 to 68, inclusive, of this act.
Sec. 26. Except as otherwise required as a result of section 27 of this act:
1. A member of the judicial retirement plan who has 5 years of creditable service may, except as otherwise provided in subsection 2, purchase up to 5 years of service. The member must pay the full actuarial cost of the service as determined by an actuary of the system.
2. A justice or judge may purchase creditable service pursuant to subsection 1 only if, at the time of the purchase, he is employed in a position whose occupant is eligible for membership in the judicial retirement plan.
3. A member of the judicial retirement plan may use:
(a) All or any portion of the balance of his interest in a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. ง 401(a); or
(b) The money contained in an individual retirement account or in an individual retirement annuity of a member, the entire amount of which is:
(1) Attributable to a qualified distribution from a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. ง 401(a); and
(2) Qualified as an eligible rollover distribution pursuant to section 402 of the Internal Revenue Code, 26 U.S.C. ง 402,
to purchase creditable service pursuant to subsection 1.
4. If a member of the judicial retirement plan enters into an agreement whereby he agrees to pay for the purchase of service credit in installments and he defaults on that agreement, the member is entitled to receive service credit in the proportion that the principal paid bears to the principal due under the agreement.
๊2001 Statutes of Nevada, 17th Special Session, Page 75 (Chapter 4, AB 4)๊
credit in the proportion that the principal paid bears to the principal due under the agreement.
Sec. 27. Notwithstanding any other provision of law, the benefits payable to and the contributions made for the benefit of a member of the judicial retirement plan are limited pursuant to the provisions of sections 415(b) and 415(c) of the Internal Revenue Code, 26 U.S.C. งง 415(b) and 415(c), that apply to governmental plans.
Sec. 28. Service credit for a member of the judicial retirement plan begins on the day his term of office begins and terminates on the day his term of office expires, unless sooner terminated on the day of his death, resignation or removal from office.
Sec. 29. Except as otherwise provided in this chapter, a member of the judicial retirement plan must not receive credit in the plan for service that entitled the member to credit for retirement purposes in any other retirement system operated by the federal or a state government, or any of their agencies or political subdivisions, including, without limitation, the Social Security Act.
Sec. 30. 1. A member of the judicial retirement plan is eligible to retire at the age of 65 years if he has at least 5 years of service, at the age of 60 years if he has at least 10 years of service and at any age if he has at least 30 years of service.
2. Any member of the judicial retirement plan who has the years of creditable service necessary to retire, but has not attained the required age, if any, may retire at any age with a benefit actuarially reduced to the required retirement age. Except as otherwise required as a result of section 27 of this act, a retirement benefit pursuant to this subsection must be reduced by 4 percent of the unmodified benefit for each full year that the member is under the appropriate retirement age, and an additional 0.33 percent for each additional month that the member is under the appropriate retirement age. Any option selected pursuant to this subsection must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified benefit. The board may adjust the actuarial reduction based upon an experience study of the system and recommendation by the actuary.
Sec. 31. 1. Except as otherwise provided in subsection 4 and sections 32 and 33 of this act, if a retired justice or judge accepts employment as a justice of the supreme court or district judge in any judicial capacity, including, without limitation, employment as a senior justice or senior judge of the Nevada court system, he is disqualified from receiving any allowances under the judicial retirement plan for the duration of his active service.
2. If a retired justice or judge accepts any employment other than that described in subsection 1, the justice or judge is entitled to the same allowances as a retired justice or judge who has no employment.
3. If a retired justice or judge who accepts employment as a justice of the supreme court or district judge in a judicial capacity pursuant to this section elects not to reenroll in the judicial retirement plan pursuant to subsection 1 of section 32 of this act, the court administrator may pay contributions on behalf of the retired justice or judge to a retirement fund which is not a part of the judicial retirement plan in an amount not to exceed the amount of the contributions that the court administrator would pay to the system on behalf of a participating justice or judge who is employed in a similar position.
๊2001 Statutes of Nevada, 17th Special Session, Page 76 (Chapter 4, AB 4)๊
pay to the system on behalf of a participating justice or judge who is employed in a similar position.
4. The system may waive for one period of 30 days or less a retired justices or judges disqualification under this section if the chief justice of the supreme court certifies in writing, in advance, that the retired justice or judge is recalled to meet an emergency and that no other qualified person is immediately available.
Sec. 32. 1. A retired justice or judge who accepts employment as a justice of the supreme court or district judge in any judicial capacity, including, without limitation, employment as a senior justice or senior judge of the Nevada court system, may enroll in the judicial retirement plan as of the effective date of that employment. As of the date of enrollment:
(a) He forfeits all retirement allowances for the duration of that employment; and
(b) Except as otherwise required as a result of section 27 or 35 of this act, if the duration of the employment is at least 6 months, he gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his compensation and service, effective upon the termination of that employment. If the duration of the employment is:
(1) Less than 5 years, the additional allowance must be added to his original allowance and must be under the same option and designated the same beneficiary as the original allowance; or
(2) Five years or more, the additional allowance may be under any option and designate any beneficiary in accordance with section 38 of this act.
2. The original service retirement allowance of such a retired justice or judge must not be recalculated based upon the additional service credit, nor is he entitled to any of the rights of membership that were not in effect at the time of his original retirement. The accrual of service credit pursuant to this section is subject to the limits imposed by:
(a) Section 39 of this act; and
(b) Section 415 of the Internal Revenue Code, 26 U.S.C. ง 415.
3. Except as otherwise required as a result of section 27 or 35 of this act, a retired justice or judge who has been receiving a retirement allowance pursuant to the judicial retirement plan and who is reemployed and is enrolled in the plan for at least 5 years may have his additional credit for service added to his previous credit for service. This additional credit for service must not apply to more than one period of employment after the original retirement.
4. The survivor of a deceased member of the judicial retirement plan who had previously retired and was reemployed and enrolled in the plan, who qualifies for benefits pursuant to sections 52 to 67, inclusive, of this act, is eligible for the benefits based on the service accrued through the second period of employment.
Sec. 33. 1. The provisions of subsection 1 of section 31 of this act do not apply to a retired justice or judge who accepts employment as a justice of the supreme court or district judge in a judicial capacity if:
(a) He fills a position for which there is a critical labor shortage; and
(b) At the time of his reemployment, he is receiving:
(1) An unmodified benefit; or
๊2001 Statutes of Nevada, 17th Special Session, Page 77 (Chapter 4, AB 4)๊
(2) A benefit actuarially reduced pursuant to subsection 2 of section 30 of this act and has reached the required age at which he could have retired with an unmodified benefit.
2. A retired justice or judge who is reemployed under the circumstances set forth in subsection 1 may reenroll in the judicial retirement plan as provided in section 32 of this act.
3. The supreme court shall designate positions in the judicial branch of state government for which there are critical labor shortages.
Sec. 34. Notwithstanding any other provision of law, every distribution to a member of the judicial retirement plan must be made pursuant to the provisions of section 401(a)(9) of the Internal Revenue Code, 26 U.S.C. ง 401(a)(9), that apply to governmental plans.
Sec. 35. Notwithstanding any other provision of law, the amount of compensation used to determine the retirement benefit of a member of the judicial retirement plan must not exceed the limitation provided by section 401(a)(17) of the Internal Revenue Code, 26 U.S.C. ง 401(a)(17).
Sec. 36. Forfeitures must not be applied to increase the benefits any member of the judicial retirement plan would otherwise receive pursuant to the provisions governing the plan as provided by section 401(a)(8) of the Internal Revenue Code, 26 U.S.C. ง 401(a)(8).
Sec. 37. 1. Applications for service retirement allowances or disability retirement allowances must be submitted to the offices of the system on forms approved by the executive officer of the board. The form must not be deemed filed unless it contains:
(a) The member of the judicial retirement plans selection of the retirement plan contained in section 39 of this act or one of the optional plans provided in section 40 of this act;
(b) A notarized statement of the marital status of the member of the judicial retirement plan; and
(c) If the member of the system is married, a statement of the spouses consent or objection to the chosen retirement plan, signed by the spouse and notarized.
2. Except as otherwise required by section 34 of this act, retirement becomes effective on whichever of the following days is the later:
(a) The day immediately following the applicants last day of employment;
(b) The day the completed application form is filed with the system;
(c) The day immediately following the applicants last day of creditable service; or
(d) The effective date of retirement specified on the application form.
3. The selection of a retirement plan by a member of the judicial retirement plan and consent or objection to that plan by the spouse pursuant to this section does not affect the responsibility of the member concerning the rights of any present or former spouse.
4. The system is not liable for any damages resulting from the false designation of marital status by a member of the system or a retired justice or judge, or a justice of the supreme court or district judge who retires pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act.
๊2001 Statutes of Nevada, 17th Special Session, Page 78 (Chapter 4, AB 4)๊
Sec. 38. 1. If the spouse of the member of the judicial retirement plan does not consent to the retirement plan chosen by the member before the date on which the retirement becomes effective pursuant to section 37 of this act the system must:
(a) Notify the spouse that he has 90 days to consent or have the member change his selection; and
(b) Pay the retirement at the amount calculated for Option 2 provided in section 40 of this act until the spouse consents or for 90 days, whichever is less.
2. Upon consent of the spouse or at the end of the 90 days, the retirement benefit must be recalculated and paid under the terms of the option originally selected by the member retroactively to the date on which the retirement became effective.
Sec. 39. Except as otherwise required as a result of section 27 or 35 of this act:
1. Except as otherwise provided in this subsection, a monthly service retirement allowance must be determined by multiplying a member of the judicial retirement plans average compensation by 3.4091 percent for each year of service, except that a member of the plan is entitled to a benefit of not more than 75 percent of his average compensation with his eligibility for service credit ceasing at 22 years of service.
2. For the purposes of this section, average compensation means the average of a member of the plans 36 consecutive months of highest compensation as certified by the court administrator.
Sec. 40. 1. The alternatives to an unmodified service retirement allowance are as follows:
(a) Option 2 consists of a reduced service retirement allowance payable monthly during the retired justices or judges life, with the provision that it continue after his death for the life of the beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of retirement should the beneficiary survive him.
(b) Option 3 consists of a reduced service retirement allowance payable monthly during the retired justices or judges life, with the provision that it continue after his death at one-half the rate paid to him and be paid for the life of the beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of retirement should the beneficiary survive him.
(c) Option 4 consists of a reduced service retirement allowance payable monthly during the retired justices or judges life, with the provision that it continue after his death for the life of his beneficiary, whom he nominates by written designation acknowledged and filed with the board at the time of the election, should his beneficiary survive him, beginning on the attainment by the surviving beneficiary of age 60 years.
(d) Option 5 consists of a reduced service retirement allowance payable monthly during the retired justices or judges life, with the provision that it continue after his death at one-half the rate paid to him and be paid for the life of his beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of the election, should his beneficiary survive him, beginning on the attainment by the surviving beneficiary of age 60 years.
๊2001 Statutes of Nevada, 17th Special Session, Page 79 (Chapter 4, AB 4)๊
(e) Option 6 consists of a reduced service retirement allowance payable monthly during the retired justices or judges life, with the provision that a specific sum per month, which cannot exceed the monthly allowance paid to the retired justice or judge, be paid after his death to the beneficiary for the life of the beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of retirement, should the beneficiary survive him.
(f) Option 7 consists of a reduced service retirement allowance payable monthly during the retired justices or judges life, with the provision that a specific sum per month, which cannot exceed the monthly allowance paid to the retired justice or judge, be paid after his death to the beneficiary for the life of the beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of election, should the beneficiary survive him, beginning on the attainment by the surviving beneficiary of age 60 years.
2. Post-retirement allowances must be considered a part of a retired justices or judges monthly benefit and included in the allowance paid to a beneficiary under one of the optional plans set forth in this section.
Sec. 41. 1. If a member of the judicial retirement plan enters retirement status under one of the optional plans described in section 40 of this act and the designated beneficiary predeceases the retired justice or judge, the monthly retirement allowance must be automatically adjusted to the unmodified retirement allowance provided in section 39 of this act.
2. A retired justice or judge may not change the selected option or designated beneficiary after the effective date of retirement except as otherwise provided in subsection 3 and subsection 3 of section 32 of this act.
3. A retired justice or judge may cancel his selected option and designation of beneficiary and revert to the unmodified retirement allowance. He shall make this election by written designation, acknowledged and filed with the board. The written election must be accompanied by a written, notarized acknowledgment of the change by the beneficiary if the beneficiary is the spouse of the retired justice or judge. The election to cancel a selected option and revert to the unmodified allowance does not abrogate any obligation of the retired justice or judge respecting community property.
4. The termination or adjustment of a monthly retirement allowance resulting from the death of a justice or judge or beneficiary must not become effective until the first day of the month immediately following the death of the retired justice or judge or beneficiary.
Sec. 42. Each person who receives benefits from the judicial retirement fund pursuant to the system is entitled to receive cost-of-living increases equivalent to those provided for retirees and beneficiaries of the public employees retirement system.
Sec. 43. 1. In addition to the options provided in NRS 287.023 and subject to the requirements of that section, any justice of the supreme court or district judge who retires under the conditions set forth in section 30 of this act and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, has the option of having the executive officer of the board deduct and pay his premium or contribution for that group insurance or medical and hospital service coverage, as well as the amount due or to become due upon any obligation designated by the board pursuant to subsection 2, from his monthly retirement allowance until:
๊2001 Statutes of Nevada, 17th Special Session, Page 80 (Chapter 4, AB 4)๊
coverage, as well as the amount due or to become due upon any obligation designated by the board pursuant to subsection 2, from his monthly retirement allowance until:
(a) He notifies the executive officer of the board to discontinue the deduction; or
(b) Any of his dependents elect to assume the premium or contribution applicable to the dependents coverage before the death of such a retired justice or judge and continue coverage pursuant to NRS 287.023 after his death.
2. The board may adopt regulations to carry out the provisions of subsection 1, including, without limitation, regulations governing the number and types of obligations, amounts for the payment of which may be deducted and paid by the board at the option of the retired justice or judge pursuant to this section.
3. The executive officer of the board, the board and the system are not liable for any damages resulting from errors or omissions concerning the deductions and payment of premiums or contributions authorized pursuant to this section unless willful neglect or gross negligence is proven.
Sec. 44. 1. A member of the judicial retirement plan who has 5 years or more of service credit and who becomes totally unable to perform his current job or any comparable job for which he is qualified by his training and experience, because of injury or mental or physical illness of a permanent nature is eligible to apply for disability retirement if:
(a) Except as otherwise provided in subsection 5, his employment as a justice of the supreme court or district judge will be terminated because of the disability;
(b) He is employed as a justice of the supreme court or a district judge at the time of application for disability retirement;
(c) He proves that his disability renders him unable to perform the duties of his present position and of any other position he has held within the past year;
(d) He files a notarized application for disability retirement with the system which indicates a selection of option and to which is attached a personal statement by the member of the judicial retirement plan, describing the disability, the duties which he can and cannot perform, and any benefits he is entitled to receive for disability from any other public source; and
(e) The court administrator files an official statement certifying the members employment record, record of disability, absences that have occurred because of the disability, the effect upon the work of the member after the disability, and job functions that can and cannot be performed because of the disability.
2. Except as otherwise required as a result of section 27 of this act, the amount of the disability retirement allowance must be calculated in the same manner as provided for service retirement calculations in section 39 of this act, except that no reduction for the age of a member of the judicial retirement plan may be made and that the allowance must be reduced by the amount of any other benefit received from any source on account of the same disability:
(a) If the benefit is provided or was purchased by the expenditure of money by a Nevada public employer; and
๊2001 Statutes of Nevada, 17th Special Session, Page 81 (Chapter 4, AB 4)๊
(b) To the extent that the total of the unmodified benefit and the other benefit would otherwise exceed his average compensation.
3. A member of the judicial retirement plan may apply for disability retirement even if he is eligible for service retirement.
4. Each child of a deceased recipient of a disability retirement allowance is entitled to receive the benefits provided by section 57 of this act only if the decedent had not reached the age and completed the service required to be eligible for a service retirement allowance, except that these benefits must not be paid to anyone who is named as a beneficiary under one of the options to an unmodified allowance.
5. If a member of the judicial retirement plan whose application for disability retirement has been:
(a) Approved, dies before his employment is terminated, but within 60 days after his application was approved; or
(b) Mailed before his death as indicated by the date of the postmark dated by the post office on the envelope in which it was mailed, dies before the board has acted upon his application and the board approves thereafter his application,
his beneficiary is entitled to receive an allowance under the option selected rather than the benefit otherwise provided for a survivor.
6. The termination or adjustment of a disability retirement allowance resulting from the death of a recipient of an allowance pursuant to this section must not become effective until the first day of the month immediately following the death of the recipient.
7. As used in this section, public employer has the meaning ascribed to it in NRS 286.070.
Sec. 45. The provisions of NRS 286.630, 286.634 and 286.637, concerning disability retirement, apply to a member of the judicial retirement plan who is receiving a disability retirement allowance pursuant to section 44 of this act.
Sec. 46. 1. When the recipient of a disability retirement allowance is determined by the board to be no longer disabled, his allowance must be canceled.
2. A retired justice or judge who retired on account of disability whose benefit is canceled may:
(a) Suspend his monthly benefit until eligible for service retirement; or
(b) Elect a service retirement reduced for his age if he has the service credit necessary to retire.
Sec. 47. 1. Except as otherwise provided in subsection 2, whenever a recipient of a disability retirement allowance pursuant to section 44 of this act returns to employment as a justice of the supreme court or district judge, the allowance must be discontinued and his service credit at the time of disability retirement must be restored. The member shall retire under the same retirement plan previously selected for retirement on account of disability if he returns to disability retirement or elects service retirement within 1 year after his return to employment.
2. A recipient of a disability retirement allowance may be employed and continue to receive his allowance if he applies to the board for approval of the employment before he begins to work and the board approves his application. The application must include:
(a) A full description of the proposed employment; and
๊2001 Statutes of Nevada, 17th Special Session, Page 82 (Chapter 4, AB 4)๊
(b) A statement written by the member of the system declaring the reasons why the proposed employment should not be found to conflict with his disability.
Sec. 48. Any person convicted of the murder or voluntary manslaughter of a member of the system is ineligible to receive any benefit conferred by any provision of this chapter or NRS 2.060 to 2.075, inclusive, and section 70 of this act, or NRS 3.090 to 3.097, inclusive, and section 75 of this act, by reason of the death of that member. The system may withhold the payment of any benefit otherwise payable under this chapter by reason of the death of any member of the system from any person charged with the murder or voluntary manslaughter of that member, pending final determination of those charges.
Sec. 49. 1. Except as otherwise provided in NRS 31A.150 and section 50 of this act and as limited by subsection 2, the right of a person to a pension, an annuity, a retirement allowance, the pension, annuity or retirement allowance itself, any optional benefit or death benefit or any other right accrued or accruing to any person under the provisions of this chapter, and the money in the judicial retirement fund, is:
(a) Exempt from all state, county and municipal taxes;
(b) Not subject to execution, garnishment, attachment or any other process;
(c) Not subject to the operation of any bankruptcy or insolvency law;
(d) Not assignable, by power of attorney or otherwise; and
(e) Exempt from assessment for the impairment or insolvency of any life or health insurance company.
2. The system may withhold money from a benefit when the person applying for or receiving the benefit owes money to the system.
Sec. 50. 1. A person may submit a judgment, decree or order of a district court or the supreme court of the State of Nevada relating to child support, alimony or the disposition of community property to the executive officer of the board or his designee for a determination of whether the judgment, decree or order entitles an alternate payee to receive from the system all or a portion of the allowance or benefit of a member of the judicial retirement plan or a retired justice or judge.
2. The judgment, decree or order submitted to the executive officer of the board or his designee must be signed by a district judge or by the justices of the supreme court and entered and certified by the clerk of the district court or the clerk of the supreme court.
3. The executive officer of the board or his designee shall, in accordance with rules prescribed by the board, determine whether the judgment, decree or order entitles the alternate payee to receive an allowance or benefit from the system. An alternate payee is entitled to receive an allowance or benefit from the judicial retirement plan if the judgment, decree or order:
(a) Specifies clearly the names, social security numbers and last known mailing addresses, if any, of the member of the judicial retirement plan or retired justice or judge and the alternate payee;
(b) Specifies clearly the amount, percentage or manner of determining the amount of the allowance or benefit of the member of the judicial retirement plan or retired justice or judge that must be paid by the system to each alternate payee;
๊2001 Statutes of Nevada, 17th Special Session, Page 83 (Chapter 4, AB 4)๊
(c) Specifically directs the system to pay an allowance or benefit to the alternate payee;
(d) Does not require the system to provide an allowance or benefit or any option not otherwise provided under this chapter; and
(e) Does not require the payment of an allowance or benefit to an alternate payee before the retirement of a member of the judicial retirement plan.
4. For the purposes of this subsection, alternate payee means a spouse, former spouse, child or other dependent of a member of the judicial retirement plan or retired justice or judge who, pursuant to a judgment, decree or order relating to child support, alimony or the disposition of community property, is entitled to receive all or a portion of the allowance or benefit of a member or retired justice or judge from the system.
Sec. 51. 1. Any check for benefits which has not been paid within 5 years after being transferred to the account for unclaimed benefits must be transferred to the judicial retirement fund.
2. If, within 6 years after a check for benefits has been transferred pursuant to subsection 1, any person appears and claims the money, the claimant may file a petition in the district court for Carson City stating the nature of his claim, with an appropriate prayer for the relief demanded. A copy of the petition must be served upon the attorney general before or at the time it is filed. Within 20 days after service, the attorney general shall appear in the proceeding and respond to the petition. If, after examining all the facts, the attorney general is convinced that the system has no legal defense against the petition, he may, with the consent of the court, confess judgment on behalf of the system.
3. If judgment is not confessed, the petition must be considered at issue on the 20th day after its filing, and may be heard by the court on that day, or at such future day as the court may order. Upon the hearing, the court shall examine into the claim and hear the allegations and proofs. If the court finds that the claimant is entitled to any money transferred pursuant to subsection 1 to the judicial retirement fund, it shall order the board to pay the money forthwith to the claimant, but without interest or cost to the board.
4. All persons, except minors and persons of unsound mind, who fail to appear and file their petitions within the time limited in subsection 1 are forever barred. Minors and persons of unsound mind may appear and file their petitions at any time within 5 years after their respective disabilities are removed.
Sec. 52. As used in sections 52 to 66, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 53, 54 and 55 of this act have the meanings ascribed to them in those sections.
Sec. 53. Child means an unmarried person under 18 years of age who is the issue or legally adopted child of a deceased member of the judicial retirement plan. As used in this section, issue means the progeny or biological offspring of the deceased member.
Sec. 54. Dependent parent means the surviving parent of a deceased member of the judicial retirement plan who was dependent upon the deceased member for at least 50 percent of his support for at least 6 months immediately preceding the death of the deceased member.
๊2001 Statutes of Nevada, 17th Special Session, Page 84 (Chapter 4, AB 4)๊
Sec. 55. Spouse means the surviving husband or wife of a deceased member of the judicial retirement plan.
Sec. 56. 1. Except as otherwise provided in subsection 3, if a deceased member of the judicial retirement plan had 2 years of creditable service in the 2 1/2 years immediately preceding his death, or if the employee had 10 or more years of creditable service, certain of his dependents are eligible for payments as provided in sections 52 to 66, inclusive, of this act. If the death of the member resulted from a mental or physical condition which required him to leave his position as a justice of the supreme court or district judge or go on leave without pay, eligibility pursuant to the provisions of this section extends for 18 months after his termination or commencement of leave without pay.
2. If the death of a member of the judicial retirement plan occurs while he is on leave of absence for further training and if he met the requirements of subsection 1 at the time his leave began, certain of his dependents are eligible for payments as provided in subsection 1.
3. If the death of a member of the judicial retirement plan is caused by an occupational disease or an accident arising out of and in the course of his employment, no prior creditable service is required to make his dependents eligible for payments pursuant to sections 52 to 66, inclusive, of this act, except that this subsection does not apply to an accident occurring while the member is traveling between his home and his principal place of employment.
4. As used in this section, dependent includes a survivor beneficiary designated pursuant to section 60 of this act.
Sec. 57. 1. Each child of a deceased member of the judicial retirement plan is entitled to receive a cumulative benefit of at least $400 per month, beginning on the first day of the month following the members death.
2. Except as otherwise provided in subsections 3 and 4, payments to any child cease on the last day of the month of:
(a) His adoption;
(b) His death;
(c) His marriage; or
(d) His attaining the age of 18 years.
3. These benefits may be paid to the child of a deceased member of the judicial retirement plan until the last day of the month of his 23rd birthday if he was, at the time of the members death, and continues thereafter to be, a full-time student in any accredited:
(a) High school;
(b) Vocational or technical school; or
(c) College or university.
4. These benefits may be commenced or extended indefinitely beyond a childs 18th birthday if and so long as he is determined by the system to be:
(a) Financially dependent; and
(b) Physically or mentally incompetent.
5. All benefits under this section may be paid by the system to the childs:
(a) Surviving parent; or
(b) Legal guardian.
6. The board shall establish uniform standards and procedures for determining whether a child is:
๊2001 Statutes of Nevada, 17th Special Session, Page 85 (Chapter 4, AB 4)๊
(a) A full-time student;
(b) Financially dependent; and
(c) Physically or mentally incompetent.
Sec. 58. 1. The spouse of a deceased member of the judicial retirement plan is entitled to receive a cumulative benefit of at least $450 per month. The payments must begin on the first day of the month immediately following the death of the member and must cease on the last day of the month in which the spouse dies.
2. The benefits paid pursuant to this section are in addition to any benefits paid pursuant to section 57 of this act.
Sec. 59. 1. The spouse of a deceased member of the judicial retirement plan who had 10 or more years of creditable service is entitled to receive a monthly allowance equivalent to that provided by:
(a) Option 3 in section 40 of this act, if the deceased member had less than 15 years of service on the date of his death; or
(b) Option 2 in section 40 of this act, if the deceased member had more than 15 or more years of service on the date of his death.
To apply the provisions of Options 2 and 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the spouse as beneficiary under the applicable option. This benefit must be computed without any reduction for age for the deceased member. The benefits provided by this subsection must be paid to the spouse for the remainder of the spouses life.
2. The spouse may elect to receive the benefits provided by any one of the following only:
(a) This section; or
(b) Section 58 of this act.
Sec. 60. An unmarried member of the judicial retirement plan may designate, in writing, a survivor beneficiary to receive the payments provided pursuant to section 61, 62 or 63 of this act if the member is unmarried on the date of his death. A designation pursuant to this section must be made on a form approved by the executive officer of the board.
Sec. 61. 1. The survivor beneficiary of a deceased member of the judicial retirement plan is entitled to receive a cumulative benefit of at least $450 per month. The payments must begin on the first day of the month immediately following the death of the member and must cease on the last day of the month in which the survivor beneficiary dies.
2. The benefits paid pursuant to this section are in addition to any benefits paid pursuant to section 57 of this act.
3. As used in this section, survivor beneficiary means a person designated pursuant to section 60 of this act.
Sec. 62. 1. The survivor beneficiary of a deceased member of the judicial retirement plan who had 10 or more years of creditable service is entitled to receive a monthly allowance equivalent to that provided by:
(a) Option 3 in section 40 of this act, if the deceased member had less than 15 years of service on the date of his death; or
(b) Option 2 in section 40 of this act, if the deceased member had 15 or more years of service on the date of his death.
To apply the provisions of Options 2 and 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the survivor beneficiary as beneficiary pursuant to the applicable option. This benefit must be computed without any reduction for age for the deceased member.
๊2001 Statutes of Nevada, 17th Special Session, Page 86 (Chapter 4, AB 4)๊
the deceased member. The benefits provided by this subsection must be paid to the survivor beneficiary for the remainder of the life of the survivor beneficiary.
2. The survivor beneficiary may elect to receive the benefits provided by any one of the following only:
(a) This section; or
(b) Section 61 of this act.
3. As used in this section, survivor beneficiary means a person designated pursuant to section 60 of this act.
Sec. 63. 1. The survivor beneficiary of a deceased member of the judicial retirement plan who was fully eligible to retire, both as to service and age, is entitled to receive a monthly allowance equivalent to that provided by Option 2 in section 40 of this act. This section does not apply to the survivor beneficiary of a member who was eligible to retire only pursuant to subsection 2 of section 30 of this act. For the purposes of applying the provisions of Option 2, the deceased member shall be deemed to have retired on the date of his death immediately after having named the survivor beneficiary as beneficiary pursuant to Option 2. The benefits provided by this section must be paid to the survivor beneficiary for the remainder of the life of the survivor beneficiary. The survivor beneficiary may elect to receive the benefits provided by any one of the following only:
(a) This section;
(b) Section 61 of this act; or
(c) Section 62 of this act.
2. As used in this section, survivor beneficiary means a person designated pursuant to section 60 of this act.
Sec. 64. The spouse of a deceased member of the judicial retirement plan who was fully eligible to retire, both as to service and age, is entitled to receive a monthly allowance equivalent to that provided by Option 2 in section 40 of this act. This section does not apply to the spouse of a member who was eligible to retire only under subsection 2 of section 30 of this act. For the purposes of applying the provisions of Option 2, the deceased member shall be deemed to have retired on the date of his death immediately after having named the spouse as beneficiary under Option 2. The benefits provided by this section must be paid to the spouse for the remainder of the spouses life. The spouse may elect to receive the benefits provided by any one of the following only:
1. This section;
2. Section 58 of this act; or
3. Section 59 of this act.
Sec. 65. If payments are not made pursuant to the provisions of section 57, 58, 59, 61 or 62 of this act, the dependent parent of a deceased member of the judicial retirement plan is entitled to receive a cumulative benefit of at least $400 per month, and if there are two dependent parents, each is entitled to receive a cumulative benefit of at least $400 per month. Payments to any parent pursuant to this section must cease upon the death of that parent.
Sec. 66. The amount of each monthly allowance paid as specified in sections 57 to 65, inclusive, of this act must not exceed the deceased member of the judicial retirement plans average compensation and must be reduced by the amount of any other benefit received from any source:
๊2001 Statutes of Nevada, 17th Special Session, Page 87 (Chapter 4, AB 4)๊
1. If that benefit was provided or purchased by the expenditure of money by this state, except for lump-sum payments under a group insurance program; and
2. To the extent that the total of the allowance and the other benefit would otherwise exceed the deceased members average compensation.
Sec. 67. 1. The retirement allowance for a member of the judicial retirement plan becomes vested on the date that the member completes 5 years of creditable service.
2. Benefits for survivors offered pursuant to this chapter become vested on the date that the member of the judicial retirement plan completes 10 years of creditable service or becomes entitled to begin receiving benefits or on the date of his death, whichever event occurs first.
3. Unless otherwise specifically provided by law, any change in the provisions of this chapter is retroactive for all service of any member of the judicial retirement plan before the date of vesting, but no change may impair any vested allowance or benefit.
4. Upon the termination or partial termination of the system, all accrued benefits that are funded become 100 percent vested and nonforfeitable.
Sec. 68. A person who knowingly makes a false statement, certifies to an incorrect document or withholds information for the purpose of receiving or assisting another person in receiving benefits under this chapter to which he is not entitled is guilty of a gross misdemeanor.
Sec. 69. NRS 1.365 is hereby amended to read as follows:
1.365 1. All of the following claims must be submitted to the [court administrator,] executive officer of the public employees retirement board who shall [act as administrative officer in processing] process the claims:
[1.] (a) Claims of justices of the supreme court pursuant to NRS [2.050 and 2.060.
2.] 2.060.
(b) Claims pursuant to NRS 2.070 and section 15 of [this act.
3.] Senate Bill No. 349 of the 71st session of the Nevada Legislature.
(c) Claims of judges of the district courts pursuant to NRS [3.030 and 3.090.
4.] 3.090.
(d) Claims pursuant to NRS 3.095 and section 16 of [this act.] Senate Bill No. 349 of the 71st session of the Nevada Legislature.
2. The following claims must be submitted to the court administrator, who shall act as administrative officer in processing the claims:
(a) Claims of justices of the supreme court under NRS 2.050.
(b) Claims of judges of the district courts under NRS 3.030.
Sec. 70. Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of NRS 2.060 to 2.075, inclusive, and section 15 of Senate Bill No. 349 of the 71st session of the Nevada Legislature:
1. Apply only to a justice of the supreme court or a surviving spouse or surviving child of a justice of the supreme court who served as a justice of the supreme court or district judge before November 5, 2002;
2. Are administered by the public employees retirement board pursuant to section 11 of this act; and
3. Are part of the judicial retirement system established pursuant to section 11 of this act.
๊2001 Statutes of Nevada, 17th Special Session, Page 88 (Chapter 4, AB 4)๊
Sec. 71. NRS 2.060 is hereby amended to read as follows:
2.060 1. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable [every 2 weeks from money provided by direct legislative appropriation.] monthly from the judicial retirement fund established pursuant to section 13 of this act.
2. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable [every 2 weeks from money provided by direct legislative appropriation.] monthly from the judicial retirement fund established pursuant to section 13 of this act.
3. Any justice of the supreme court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.
4. Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years service for the maximum pension based upon the time he actually spends in the additional active service.
5. Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees retirement system.
6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees retirement system.
7. Any justice who desires to receive the benefits of this section must file with the [state controller and the state treasurer] executive officer of the public employees retirement board an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.
8. [Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the justice who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of money provided by direct legislative appropriation.
9.] The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his service pursuant to it.
Sec. 72. NRS 2.065 is hereby amended to read as follows:
2.065 1. A justice of the supreme court who has served as a justice or as a district judge in any one or more courts for a period or periods aggregating 5 years or more and who becomes permanently incapacitated, physically or mentally, to perform the duties of his office may retire from office regardless of age.
๊2001 Statutes of Nevada, 17th Special Session, Page 89 (Chapter 4, AB 4)๊
physically or mentally, to perform the duties of his office may retire from office regardless of age.
2. Any justice who retires pursuant to the provisions of subsection 1 or who is retired because of advanced age or mental or physical disability pursuant to section 21 of article 6 of the constitution of the State of Nevada is entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, the same pension he would receive under NRS 2.060 based on his years of service, but without regard to his age.
3. Any justice, or his guardian on his behalf if he is unable to act, who desires to retire voluntarily must give notice in writing to the governor. The governor shall appoint three physicians licensed to practice medicine in the State of Nevada to examine the justice and report the results to the governor in writing. If a majority of the physicians is of the opinion that the justice is permanently incapacitated, physically or mentally, the governor shall approve the retirement. The justice or his guardian must file with the [state controller and state treasurer] executive officer of the public employees retirement board an affidavit setting forth the fact of his retirement and the years he has served in either or both of such courts.
4. Pensions payable pursuant to this section must be paid in the same manner as pensions are payable under NRS 2.060. Fees and expenses of physicians appointed pursuant to this section must be paid out of funds [provided by direct legislative appropriation.] from the judicial retirement administrative fund established pursuant to section 15 of this act.
5. The faith of the State of Nevada is hereby pledged that this section will not be repealed or amended so as to affect adversely any justice who may have retired or been retired pursuant to its provisions.
Sec. 73. NRS 2.070 is hereby amended to read as follows:
2.070 1. If a justice of the supreme court at the time of his death had retired and was then receiving a pension under the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement under the provisions of NRS 2.060, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive monthly payments of $2,500 per month.
2. If a surviving spouse of a justice is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees retirement system.
3. To obtain these benefits, the surviving spouse must make application to the [board, commission or authority entrusted with the administration of the judges pensions] executive officer of the public employees retirement board and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
4. Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees retirement system.
5. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to [any fund created for the purpose of paying pension benefits to justices of the supreme
๊2001 Statutes of Nevada, 17th Special Session, Page 90 (Chapter 4, AB 4)๊
court.] the judicial retirement fund established pursuant to section 13 of this act.
Sec. 74. NRS 2.075 is hereby amended to read as follows:
2.075 1. Each child of a deceased justice of the supreme court is entitled to receive payments equal in amount to the payments provided in NRS 286.673 for the child of a deceased member of the public employees retirement system.
2. In determining whether a child is a full-time student or financially dependent and physically or mentally incompetent, as provided in NRS 286.673, the [court administrator] executive officer of the public employees retirement board shall use any applicable standards and procedures established by the public employees retirement board.
3. It is the intent of this section that no special fund be created for the payment of benefits, and all payments made under the provisions of this section are to be made out of and charged to [any fund created for the purpose of paying pension benefits to justices of the supreme court.] the judicial retirement fund established pursuant to section 13 of this act.
Sec. 75. Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of NRS 3.090 to 3.097, inclusive, and section 16 of Senate Bill No. 349 of the 71st session of the Nevada Legislature.
1. Apply only to a district judge or a surviving spouse or surviving child of a district judge who served as a justice of the supreme court or district judge before November 5, 2002;
2. Are administered by the public employees retirement board pursuant to section 11 of this act; and
3. Are part of the judicial retirement system established pursuant to section 11 of this act.
Sec. 76. NRS 3.090 is hereby amended to read as follows:
3.090 1. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable [every 2 weeks from money provided by direct legislative appropriation.] monthly from the judicial retirement fund established pursuant to section 13 of this act.
2. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable [every 2 weeks from money provided by direct legislative appropriation.] monthly from the judicial retirement fund established pursuant to section 13 of this act.
3. Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.
๊2001 Statutes of Nevada, 17th Special Session, Page 91 (Chapter 4, AB 4)๊
4. Any judge who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years service for the maximum pension based upon the time he actually spends in the additional active service.
5. Any district judge who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees retirement system.
6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired in the public employees retirement system.
7. Any judge of the district court who desires to receive the benefits of this section must file with the [state controller and the state treasurer] executive officer of the public employees retirement board an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.
8. [Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the judge who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of money provided by direct legislative appropriation.
9.] The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have ended his service pursuant to it.
Sec. 77. NRS 3.092 is hereby amended to read as follows:
3.092 1. A district judge who has served as a district judge or as a justice of the supreme court in any one or more courts for a period or periods aggregating 5 years or more and who becomes permanently incapacitated, physically or mentally, to perform the duties of his office may retire from office regardless of age.
2. Any district judge who retires pursuant to the provisions of subsection 1 or who is retired because of advanced age or physical or mental disability pursuant to section 21 of article 6 of the constitution of the State of Nevada is entitled to receive annually from the State of Nevada, a pension for the remainder of his life, the same pension he would receive under NRS 3.090 based on his years of service but without regard to his age.
3. Any judge, or his guardian on his behalf if he is unable to act, who desires to retire voluntarily must give notice in writing to the governor. The governor shall appoint three physicians licensed to practice medicine in the State of Nevada to examine the judge and report the results to the governor in writing. If a majority of the physicians is of the opinion that the judge is permanently incapacitated, physically or mentally, the governor shall approve the retirement. The judge or his guardian must file with the [state controller and the state treasurer] executive officer of the public employees retirement board an affidavit setting forth the fact of his retirement and the years he has served in either or both of such courts.
4. Pensions payable pursuant to this section must be paid in the same manner as pensions payable under NRS 3.090. Fees and expenses of physicians appointed pursuant to this section must be paid [out of funds provided by direct legislative appropriation.] from the judicial retirement administrative fund established pursuant to section 15 of this act.
๊2001 Statutes of Nevada, 17th Special Session, Page 92 (Chapter 4, AB 4)๊
5. The faith of the State of Nevada is hereby pledged that this section will not be repealed or amended so as to affect adversely any judge who may have retired or been retired pursuant to its provisions.
Sec. 78. NRS 3.095 is hereby amended to read as follows:
3.095 1. If a district judge at the time of his death had retired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement under the provisions of NRS 3.090, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive monthly payments of $2,500 per month.
2. If a surviving spouse of a judge is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees retirement system.
3. To obtain these benefits, the surviving spouse must make application to the [board, commission or authority entrusted with the administration of the judges pensions] executive officer of the public employees retirement fund and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
4. Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees retirement system.
5. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to [any fund created for the purpose of paying pension benefits to district judges.] the judicial retirement fund established pursuant to section 13 of this act.
Sec. 79. NRS 3.097 is hereby amended to read as follows:
3.097 1. Each child of a deceased district judge is entitled to receive payments equal in amount to the payments provided in NRS 286.673 for the child of a deceased member of the public employees retirement system.
2. In determining whether a child is a full-time student or financially dependent and physically or mentally incompetent, as provided in NRS 286.673, the [court administrator] executive officer of the public employees retirement board shall use any applicable standards and procedures established by the public employees retirement board.
3. It is the intent of this section that no special fund be created for the payment of benefits, and all payments made under the provisions of this section are to be made out of and charged to [any fund created for the purpose of paying pension benefits to district judges.] the judicial retirement fund established pursuant to section 13 of this act.
Sec. 80. NRS 125.155 is hereby amended to read as follows:
125.155 Unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS or is prohibited by specific statute:
1. In determining the value of an interest in or entitlement to a pension or retirement benefit provided by the public employees retirement system pursuant to chapter 286 of NRS [,] or the judicial retirement plan established pursuant to section 25 of this act, the court:
๊2001 Statutes of Nevada, 17th Special Session, Page 93 (Chapter 4, AB 4)๊
(a) Shall base its determination upon the number of years or portion thereof that the contributing party was employed and received the interest or entitlement, beginning on the date of the marriage and ending on the date on which a decree of legal separation or divorce is entered; and
(b) Shall not base its determination upon any estimated increase in the value of the interest or entitlement resulting from a promotion, raise or any other efforts made by the party who contributed to the interest or entitlement as a result of his continued employment after the date of a decree of legal separation or divorce.
2. The court may, in making a disposition of a pension or retirement benefit provided by the public employees retirement system [,] or the judicial retirement plan, order that the benefit not be paid before the date on which the participating party retires. To ensure that the party who is not a participant will receive payment for the benefits, the court may:
(a) On its own motion or pursuant to an agreement of the parties, require the participating party to furnish a performance or surety bond, executed by the participating party as principal and by a corporation qualified under the laws of this state as surety, made payable to the party who is not a participant under the plan, and conditioned upon the payment of the pension or retirement benefits. The bond must be in a principal sum equal to the amount of the determined interest of the nonparticipating party in the pension or retirement benefits and must be in a form prescribed by the court.
(b) On its own motion or pursuant to an agreement of the parties, require the participating party to purchase a policy of life insurance. The amount payable under the policy must be equal to the determined interest of the nonparticipating party in the pension or retirement benefits. The nonparticipating party must be named as a beneficiary under the policy and must remain a named beneficiary until the participating party retires.
(c) Pursuant to an agreement of the parties, increase the value of the determined interest of the nonparticipating party in the pension or retirement benefit as compensation for the delay in payment of the benefit to that party.
(d) On its own motion or pursuant to an agreement of the parties, allow the participating party to provide any other form of security which ensures the payment of the determined interest of the nonparticipating party in the pension or retirement benefit.
3. If a party receives an interest in or an entitlement to a pension or retirement benefit which the party would not otherwise have an interest in or be entitled to if not for a disposition made pursuant to this section, the interest or entitlement and any related obligation to pay that interest or entitlement terminates upon the death of either party unless pursuant to:
(a) An agreement of the parties; or
(b) An order of the court,
a party who is a participant in the public employees retirement system or the judicial retirement plan provides an alternative to an unmodified service retirement allowance pursuant to NRS 286.590 [.] or section 40 of this act.
Sec. 81. NRS 154.010 is hereby amended to read as follows:
154.010 An estate escheats to and is vested in the State of Nevada for educational purposes if any person dies or has died, within this state, seised of any real or personal estate, and leaving no heirs, representatives or devisees capable of inheriting or holding the estate, and in all cases where there is no owner of the estate capable of holding it. Any balance remaining in a retired employees or beneficiarys individual account under the public employees retirement system or the judicial retirement system established pursuant to sections 2 to 68, inclusive, of this act is not an estate within the meaning of this chapter.
๊2001 Statutes of Nevada, 17th Special Session, Page 94 (Chapter 4, AB 4)๊
employees retirement system or the judicial retirement system established pursuant to sections 2 to 68, inclusive, of this act is not an estate within the meaning of this chapter.
Sec. 82. NRS 218.5373 is hereby amended to read as follows:
218.5373 1. There is hereby created an interim retirement and benefits committee of the legislature to review the operation of the public employees retirement system , the judicial retirement system established pursuant to sections 2 to 68, inclusive, of this act and the public employees benefits program and to make recommendations to the public employees retirement board and the board of the public employees benefits program, the legislative commission and the legislature. The interim retirement and benefits committee consists of six members appointed as follows:
(a) Three members of the senate, one of whom is the chairman of the committee on finance during the preceding session and two of whom are appointed by the majority leader of the senate.
(b) Three members of the assembly, one of whom is the chairman of the committee on ways and means and two of whom are appointed by the speaker of the assembly.
2. The immediate past chairman of the senate standing committee on finance is the chairman of the interim retirement and benefits committee for the period ending with the convening of each odd-numbered session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim retirement and benefits committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
3. The interim retirement and benefits committee may exercise the powers conferred on it by law only when the legislature is not in regular or special session and shall meet at the call of the chairman.
4. The director of the legislative counsel bureau shall provide a secretary for the interim retirement and benefits committee.
5. The members of the interim retirement and benefits committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, the per diem allowance provided for state officers and employees generally and the travel expenses provided by NRS 218.2207 for each day of attendance at a meeting of the committee and while engaged in the business of the committee. Per diem allowances, compensation and travel expenses of the members of the committee must be paid from the legislative fund.
Sec. 83. NRS 286.230 is hereby amended to read as follows:
286.230 1. The board shall establish a fund known as the public employees retirement administrative fund in which must be deposited all administrative fees.
2. The board shall fix an administrative fee per capita sufficient to pay the operating expense of the system. Except as otherwise provided by NRS 218.23745 [,] and section 15 of this act, the system shall transfer monthly from the respective retirement funds to the public employees retirement administrative fund the amount of the per capita fee multiplied by the combined number of members and persons receiving allowances from that fund.
3. The board may establish a separate and additional administrative fee for police officers and firemen and their public employers to pay the additional expense of maintaining a separate fund and to pay the actual and necessary travel expenses and other expenses, within the limits established by the board, for meetings of the police and firemens retirement fund advisory committee.
๊2001 Statutes of Nevada, 17th Special Session, Page 95 (Chapter 4, AB 4)๊
necessary travel expenses and other expenses, within the limits established by the board, for meetings of the police and firemens retirement fund advisory committee.
Sec. 84. NRS 287.023 is hereby amended to read as follows:
287.023 1. Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 286.510 or 286.620 or section 30 or 44 of this act and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, the officer or employee has the option upon retirement to cancel or continue any such group insurance or medical and hospital service coverage or join the public employees benefits program to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. งง 1395 et seq.
2. A retired person who continues coverage under the public employees benefits program shall assume the portion of the premium or membership costs for the coverage continued which the governing body does not pay on behalf of retired officers or employees. A person who joins the public employees benefits program for the first time upon retirement shall assume all costs for the coverage. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the public employees retirement system to continue coverage.
3. Except as otherwise provided in NRS 287.0235, notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 60 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired employee and his dependents shall be deemed to have selected the option to cancel the coverage or not to join the public employees benefits program, as the case may be.
4. The