AB 228 — Revises provisions relating to the termination of parental rights. (BDR 11-590)
Last action — Approved by the Governor. Chapter 166.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 20, 2017. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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11 sponsors
1 primary, 10 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
377 added · 409 removed377 line(s) added, 409 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2017) FIRST REPRINT A.B.
228228–Assemblymen ASSEMBLYPickard; BILL NO .
228–ASSEMBLYMENCohen PICKARDand ;Tolles Joint Sponsors:
COHENSenators ANDDenis, TGansert, OLLESGoicoechea, FEBRUARYHammond, 20,Hardy, 2017Harris, ____________Parks JOINTand SRoberson PONSORSCHAPTER.......... :
ENATORS DENIS, GANSERT , GOICOECHEA , H AMMOND , ARDY , HARRIS, ARKS AND R OBERSON ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the termination of parental rights.
(BDR 11-590) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegislativeLegiExisting Counsel’slaw Digest:requires that service of notice, including, without limitation, by personal service, publication or mailing, must be attempted on a parent, legal custodian or guardian or relative of a child before the commencement of a proceeding for the termination of parental rights.
Existing law requires that service of notice, including, without limitation, by personal service, publication or mailing, must be attempted on a parent, legal proceeding for the termination of parental rights.
Section 2 of this bill removes the requirement that the person live in this Stateresidence. so that personal service must be attempted on such a person regardless of the publication of a notice of hearing for the termination of parental rights underrize certain conditions, after the clerk of the court has replaced every instance of the name of the child with the initials of the child on the notice of hearing.
-If *AB228_R1*personal –service 2is –not Existingfeasible, lawsections requires3 aand hearing4 toof terminatethis thebill parentalauthorize rightsthe publication of a father,notice atof hearing for the requesttermination of parental rights under certain conditions, after the motherclerk of anthe unborncourt child,has toreplaced beevery heldinstance afterof the birthname of the child orwith 6the monthsinitials afterof the filingchild ofon the petition,notice whicheverof ishearing. later.
Existing law requires a hearing to terminate the parental rights of a father, at the request of the mother of an unborn child, to be held after the birth of the child or 6 months after the filing of the petition, whichever is later.
assaultExisting andlaw thespecifies personthat convictedif ofa thechild sexualis assaultconceived isas the naturalresult father of thea child,sexual thatassault personand hasthe noperson rightconvicted to custody of the childsexual orassault visitationis exceptthe innatural certainfather of the circumstances.
(NRS 125C.210) Section 7 of this bill provides that the convictionconvictionertain of the natural parent of a child for a sexual assault which resulted in the conception of the child is grounds for terminating the parental rights of the natural parent.
- 79th Session (2017) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
128.060parties 1.to be served voluntarily appear and consent to the hearing,or the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition and stating the date set for the hearing thereof, and requiring the person served therewith to appear before the court at the time and place if that person desires to oppose the petition.
After a petition has been filed, unless the party or parties to be served voluntarily appear and consent to the hearing, - *AB228_R1* – 3 – the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition and stating the date set for the hearing thereof, and requiring the person served therewith to appear before the court at the time and place if that person desires to oppose the petition.
(a) The father or mother of the minor person, [if residing within this State, and] if his or her place of residence is known to the petitioner, [or, if there is no parent so residing,] or if the place of residence of the father or mother is not known to the petitioner, then - 79th Session (2017) – 3 – the nearest known relative of that person, if there is any residing within the State, and if his or her residence and relationship are known to the petitioner;
and (b) The minor’s legal custodian or guardian, [if residing within thispetitioner.and] State and] if his or her place of residence is known to the petitioner.3.
3.
(a) At a previous time the person resided [out of this State] in a certainthe placeaffiant (namingwhen the placeperson andso statingresided thethere);e latest date known to (b) That place is the affiantlast whenplace in which the person so resided there);to the knowledge of the affiant;
(b)(c) ThatThe place is the last place in which the person residedno tolonger theresides knowledgeat ofthat theplace; affiant;
- *AB228_R1* – 4 – (c) The person no longer resides at that place;
- 79th Session (2017) – 4 – 2.
[In case of publication, where the residence of a nonresident or absent father or mother or custodian or guardian is known, the court shall also direct a copy of the notice of hearing and petition to be deposited in the post office, directed to the person to be served at his or her place of residence.] When publication is ordered, personal service of a copy of the notice of hearing and petition [, out of the State,] is equivalent to completed service by publication , [and deposit in the post office,] and the person so served has 20 days after the service to appear and answer or otherwise plead.
The methods of service are cumulative, and may be utilized with, after or independently of other methods of service.] Before a notice of hearing is published pursuant to subsection 2, the clerk of the court shall ensure that the name of the minor child is replaced with the initials of the minor child in every instance where the name of the minor child appears in the notice of hearing.
- *AB228_R1* – 5 – 4.
If one or both of the parents of the minor is unknown, or if the name of either or both of the parents of the minor is uncertain, then those facts must be set forth in the affidavit and the court shall order the notice to be directed and addressed to either the father or - 79th Session (2017) – 5 – the mother of the person, and to all persons claiming to be the father oraddressed mothersubstantially ofas thefollows: person.
The notice, after the caption, must be addressed substantially as follows:
Notice To ........................, the father or ........................, the mother of the above-named person, and to all personsand claiming to be the father or mother of this person;
or, to the father and mother of the above-named person, and to all persons claiming to be the father or mother of this person;
- *AB228_R1* – 6 – Dated ......
(year) 3...........Clerk ........................................................of Court...............................
Clerk of Court (SEAL) By....................................................
Show all 58 changed lines (18 more)
Deputy - 79th Session (2017) – 6 – Sec.
128.085 When the mother of an unborn child files a petition for termination of the father’s parental rights, the father or putative father, if known, shall be served with notice of the hearing in the mannerhearing provided[shall fornot] inmay NRSbe 128.060,held 128.070[until] at any time after the birth of the child [or 6 months after the filing of the petition, whichever is later.] and 128.080.service on the father or putative father, if known, is complete.
The hearing [shall not] may be held [until] at any time after the birth of the child [or 6 months after the filing of the petition, whichever is later.] and service on the father or putative father, if known, is complete.
Any hearing held pursuant to this section must be held in closed court without admittance of any person other than those necessary to the action or proceeding, unless the court determines that holding such a hearing in open court will not be detrimental to the child.
Except as otherwise provided in subsection 7, any hearing held pursuant to NRS 128.005 to 128.150, inclusive, is confidential and must be held in closed court without the admittance of any person other than the petitioner, attorneys, any witnesses, the director of an agency which provides child welfare - *AB228_R1* – 7 – services or an authorized representative of such person and any other person entitled to notice, except by order of the court.
- 79th Session (2017) – 7 – (a) The person petitioning for the termination of parental rights and a person who intends to file a response to such a petition;
or (b) Upon an order of the court expressly so permitting pursuantpurSec. to a petition setting forth the reasons therefor.
Sec.7.o a NRS 128.105 is hereby amended to read as follows:
7.
NRS 128.105 is hereby amended to read as follows:
or (IV) To eliminate the risk of serious physical, mental or emotional injury to the child;
[or][or]k of serious physical, mental or (7) With respect to termination of the parental rights of one parent, the abandonment by that parent [.] ;
and - *AB228_R1* – 8 – (c) The developmental, cognitive and psychological needs of the child.
- 79th Session (2017) – 8 – Sec.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355,88.3355,46, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, - *AB228_R1*79th Session (2017) – 9 – 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418,628.418,, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be preparedpreparednd may from those public books and public records.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or - 79th Session (2017) – 10 – record on the basis that the requested public book or record contains information that is confidential if the governmental entity can - *AB228_R1* – 10 – redact, delete, conceal or separate the confidential information from otherwisethe confidential.dinformation included in the public book or record that is not 4.oth4.wisA person may request a copy of a public record in any medium in which the public record is readily available.
A person may request a copy of a public record in any medium in which the public record is readily available.
H~~~~~ 17 - *AB228_R1*79th Session (2017)
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- Enrolled As Enrolled Current pdf
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Action History
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Approved by the Governor. Chapter 166.
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Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.
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Read second time.
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From committee: Do pass.
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Read first time. Referred to Committee on Judiciary. To committee.
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In Senate.
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Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To Senate.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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From printer. To engrossment. Engrossed. First reprint .
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Read second time. Amended. (Amend. No. 191.) To printer.
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From committee: Amend, and do pass as amended.
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From printer. To committee.
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Read first time. Referred to Committee on Judiciary. To printer.
Sponsors
- Harris · Cosponsor
- Parks · Cosponsor
- Denis · Cosponsor
- Gansert · Cosponsor
- Melissa R.. Hardy · Cosponsor
- Pete Goicoechea · Cosponsor
- Michael Roberson · Cosponsor
- Keith Pickard · Primary
- Jill Tolles · Cosponsor
- Lesley Cohen · Cosponsor
- Scott Hammond · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 10 co-sponsors · 56 not signed on
Sponsors (1)
Co-sponsors (10)
- Harris
- Parks
- Denis
- Gansert
- Hardy, Melissa R.. Republican
- Pete Goicoechea
- Michael Roberson
- Jill Tolles
- Cohen, Lesley
- Scott Hammond
Not signed on (56)
56 members have not signed on to this bill.
Show all 56 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 228?
- AB 228 is sponsored by Harris, Parks, Denis, Gansert, Hardy, Melissa R.. (Republican), Pete Goicoechea, Michael Roberson, Keith Pickard, Jill Tolles, Cohen, Lesley, and Scott Hammond.
- What is the current status of AB 228?
- This bill has been enacted into law. Introduced February 20, 2017. Enacted.
- Where can I track AB 228?
- Track AB 228 free on One Click Politics — get push/email alerts when it moves.
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