Nevada 2019 Regular Session Status: Enacted

AB 140 — Prohibits discrimination against certain persons in certain proceedings relating to children. (BDR 11-172)

Last action — Approved by the Governor. Chapter 437.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2019. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Summary

AN ACT relating to child welfare; prohibiting discrimination against persons who are deaf, legally blind or otherwise physically disabled or who are the holders of a valid registry identification card for the use of medical marijuana in certain proceedings relating to children; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

472 added · 508 removed

472 line(s) added, 508 removed.

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(Reprinted with amendments adopted on May 24, 2019) SECOND REPRINT A.B.
Assembly Bill No.
140 A SSEMBLY B ILLN O.
140–Committee on Judiciary CHAPTER..........
140–COMMITTEE ON JUDICIARY (ON B EHALF OF THE L EGISLATIVE C OMMITTEE ON SENIOR CITIZENS , ETERANS AND A DULTS W ITH SPECIAL N EEDS ) FEBRUARY 14, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Prohibits discrimination against certain persons in certain proceedings relating to children.
(BDR 11-172) 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.
Existing law prohibits discrimination on the basis of disability in public 651.075) Sections 1, 2, 4, 5 and 10-12 of this bill prohibit a court from discriminating against a person in a proceeding concerning child custody or visitation, adoption, guardianship or child protection solely because the person seeking custody or visitation, adoption, guardianship or child protection:
Existing law prohibits discrimination on the basis of disability in public accommodation, housing and employment.
(NRS 118.100, 613.330, 651.070, discriminating against a person in a proceeding concerning child custody or visitation, adoption, guardianship or child protection solely because the person seeking custody or visitation, adoption, guardianship or child protection:
services or a child placing agency from determining that a prospective adoptivelfare home is unsuitable for placement or detrimental to the interest of the child solely because the prospective adoptive parent or parents:
Section 3 of this bill similarly prohibits an agency which provides child welfare services or a child placing agency from determining that a prospective adoptive because the prospective adoptive parent or parents:
Existing law prohibits an agency which provides child welfare services from child’s welfare if the agency determines there is no reasonable cause to believe the child is in need of protection.
Existing law prohibits an agency which provides child welfare services from taking any action to remove a child from custody of the person responsible for the child’s welfare if the agency determines there is no reasonable cause to believe the child is in need of protection.
(NRS 432B.370) Existing law also authorizes a court - *AB140_R2* – 2 – that finds a child to be in need of protection to:
(NRS 432B.370) Existing law also authorizes a court custody of the parent or guardian of the child under such conditions as the courtin the may prescribe;
(1) allow the child to remain in the custody of the parent or guardian of the child under such conditions as the court agencies or institutions authorized to care for children.
or (2) place the child in the custody of another person or certain agencies or institutions authorized to care for children.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
2.
- 80th Session (2019) – 2 – 2.
(b) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 453A.140 that identifies the person as:
(b) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 453(1) Exempt from state prosecution for engaging in the medical use of marijuana;
(1) Exempt from state prosecution for engaging in the medical use of marijuana;
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 - *AB140_R2* – 3 – may order the child returned to the custody of the person or agency legally vested with custody.
If the court is not satisfied that the proposed adoption is in may order the child returned to the custody of the person or agencyand legally vested with custody.
or (2) A designated primary caregiver as defined in NRS 453A.080.
or - 80th Session (2019) – 3 – (2) A designated primary caregiver as defined in NRS 453A.080.
The Division, in consultation with each agency which provides child welfare services, shall adopt regulations setting forth the criteria to be used by an agency which provides child welfare services or a child-placing agency for determining whether a prospective adoptive home is suitable or unsuitable for the placement of a child for adoption.
The Division, in consultation with each agency setting forth the criteria to be used by an agency which provides child welfare services or a child-placing agency for determining whether a prospective adoptive home is suitable or unsuitable for the placement of a child for adoption.
An agency which provides child welfare services or a child placing agency shall not determine that a prospective adoptive home is unsuitable for placement or detrimental to the interest of the child solely because the prospective adoptive parent or parents:
An agency which provides child welfare services or a child placing agency shall not determine that a prospective adoptive the child solely because the prospective adoptive parent or parents:
or - *AB140_R2* – 4 – (b) Are the holders of a valid registry identification card.
or (b) Are the holders of a valid registry identification card.
Sec.
- 80th Session (2019) – 4 – Sec.
2.
the court shall appoint a guardian of the proposed protected minor’sd, person, estate, or person and estate.
If the court finds that appointment of a guardian is required, the court shall appoint a guardian of the proposed protected minor’s person, estate, or person and estate.
The appointment of a parent as guardian for the person or estate of a proposed protected minor must not conflict with a valid order for custody of the proposed protected minor.
The appointment of a parent as guardian for the person or estate of a proposed protected minor protected minor.t with a valid order for custody of the proposed 2.
2.
In determining whether the parents of a proposed protected minor, or either parent, or any other person who seeks appointment - *AB140_R2* – 5 – as guardian for the proposed protected minor is qualified and suitable, the court shall consider, if applicable and without limitation:
In determining whether the parents of a proposed protected minor, or either parent, or any other person who seeks appointment as guardian for the proposed protected minor is qualified and suitable, the court shall consider, if applicable and without limitation:
(b) The ability of the parents, parent or other person to provide for the basic needs of the proposed protected minor, including, without limitation, food, shelter, clothing and medical care, taking into consideration any special needs of the proposed protected minor;
(b) The ability of the parents, parent or other person to provide for the basic needs of the proposed protected minor, including, without limitation, food, shelter, clothing and medical care, taking - 80th Session (2019) – 5 – minor;onsideration any special needs of the proposed protected (c) Whether the parents, parent or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;
(c) Whether the parents, parent or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;
4.
unsuitable to care for the proposed protected minor if:med to be (a) The parent is unable to provide for any or all of the basic needs of the proposed protected minor, including, without limitation:
A parent of a proposed protected minor is presumed to be unsuitable to care for the proposed protected minor if:
(a) The parent is unable to provide for any or all of the basic needs of the proposed protected minor, including, without limitation:
The presumption created by this paragraph is a rebuttable presumption.
The presumption created by this par5.rapSubject to the preference set forth in subsection 1 and except as otherwise provided in subsection 7, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve.
5.
Subject to the preference set forth in subsection 1 and except as otherwise provided in subsection 7, the court shall appoint as - *AB140_R2* – 6 – guardian the qualified person who is most suitable and is willing to serve.
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(a) Any nomination of a guardian for the proposed protected minor contained in a will or other written instrument executed by a parent of the proposed protected minor.
- 80th Session (2019) – 6 – minor contained in a will or other written instrument executed by a parent of the proposed protected minor.
(e) Any recommendation made by:
(e)(1) An agency which provides child welfare services, an agency which provides child protective services or a similar agency;
(1) An agency which provides child welfare services, an agency which provides child protective services or a similar agency;
Notwithstanding the presumption set forth in subsection 4, in the event of competing petitions for the appointment of guardianship of a proposed protected minor, any finding of unsuitability of a parent of the proposed protected minor must be found by clear and convincing evidence after a hearing on the merits or an evidentiary hearing.
Notwithstanding the presumption set forth in subsection 4, in the event of competing petitions for the appointment of guardianship of a proposed protected minor, any finding of unsuitability of a parent of the proposed protected minor must be found by clear and convincing evidence after a hearing on the merits or 9.
9.
evIn determining whether to appoint a guardian of the person or estate of a proposed protected minor and who should be appointed, the court must always act in the best interests of the proposed protected minor.
In determining whether to appoint a guardian of the person or estate of a proposed protected minor and who should be appointed, the court must always act in the best interests of the proposed protected minor.
10.
- *AB140_R2* – 7 – 10.
11.
- 80th Session (2019) – 7 – 11.
(c) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 453A.140 that identifies the person as:
person who holds a valid registry identification card as defined in NRS 453A.140 that identifies the person as:
6.
6-9.
7.
(Deleted by amendment.) Sec.
8.
(Deleted by amendment.) Sec.
9.
(Deleted by amendment.) Sec.
or (e) The child has been delivered to a provider of emergency services pursuant to NRS 432B.630.
or services pursuant to NRS 432B.630.d to a provider of emergency 2.
2.
- *AB140_R2* – 8 – (1) Food, clothing or shelter necessary for the child’s health or safety;
(1) Food, clothing or shelter necessary for the child’s health or safety;
or (d) Has been responsible for the abuse of another child regardless of whether that person has successfully completed a plan for services that was recommended by an agency which provides child welfare services pursuant to NRS 432B.340 to address the abuse of the other child.
or - 80th Session (2019) – 8 – (d) Has been responsible for the abuse of another child regardless of whether that person has successfully completed a plan for services that was recommended by an agency which provides child welfare services pursuant to NRS 432B.340 to address the abu3.
3.
ofA child may be in need of protection if 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.
A child may be in need of protection if 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.
or (2) Sexual abuse or sexual exploitation, of a child caused or allowed by a person responsible for the welfare of the child under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.
or of a child caused or allowed by a person responsible for the welfare of the child under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.
or - *AB140_R2* – 9 – (2) Provide proper care, control and supervision of a child as necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect or refusal of the person to provide them when able to do so.
or (2) Provide proper care, control and supervision of a child as necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect or refusal of the person to provide them when able to do so.
The term does not include the actions described in subsection 2 of NRS 432B.020.
- 80th Session (2019) – 9 – The term does not include the actions described in subsection 2 of NRS 432B.020.
At each hearing conducted pursuant to NRS 432B.470:
At each hearing conducted pursuant to NRS(a) At the commencement of the hearing, the court shall advise the parties of their right to be represented by an attorney and of their right to present evidence.
(a) At the commencement of the hearing, the court shall advise the parties of their right to be represented by an attorney and of their right to present evidence.
If the placement does not comply with the requirements of NRS 432B.3905, the court shall establish a plan with the agency which provides child welfare services for the prompt transfer of the child into a home or facility that complies with the requirements of NRS 432B.3905.
If the placement does not comply with the requirements of NRS 432B.3905, the court shall establish a plan with the agency child into a home or facility that complies with the requirements of NRS 432B.3905.
or (b) Grant the grandparent, great-grandparent or other person related within the fifth degree of consanguinity to the child a - *AB140_R2* – 10 – reasonable right to visit the child while the child is in protective custody.
or (b) Grant the grandparent, great-grandparent or other person related within the fifth degree of consanguinity to the child a reasonable right to visit the child while the child is in protective custody.
3.
- 80th Session (2019) – 10 – 3.
If a child is placed with any person who resides outside this State, the placement must be in accordance with NRS 127.330.
If a child is placed with any person who resides outside this Sta5., tAs used in this section, “holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 453A.140 that identifies the person as:
5.
As used in this section, “holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 453A.140 that identifies the person as:
or (c) Place the child 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 Health and Human Services or a county whose population is 100,000 or more to care for such a child.
or 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 Health and Human Services or a county whose population is 100,000 or more to care for such a child.
- *AB140_R2* – 11 – 3.
- 80th Session (2019) – 11 – 3.
(a) The parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court.
(a) The parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable interferes with these rights, the parent may petition the court for child enforcement of the rights of the parent.
If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of the rights of the parent.
(a) It must be presumed to be in the best interests of the child to be placed together with the siblings of the child.
be placed together with the siblings of the child.ests of the child to (b) Preference must be given to placing the child in the following order:
(b) Preference must be given to placing the child in the following order:
[7.] 8.
- 80th Session (2019) – 12 – [7.] 8.
- *AB140_R2* – 12 – (1) The agency which provides child welfare services has made the reasonable efforts required by paragraph (a) of subsection 1 of NRS 432B.393;
(1) The agency which provides child welfare services has of NRS 432B.393;
or (2) No such efforts are required in the particular case;
orfforts required by paragraph (a) of subsection (2) No such efforts are required in the particular case;
and determination is based.cit statement of the facts upon which its [8.] 9.
and (b) Prepare an explicit statement of the facts upon which its determination is based.
[8.] 9.
H - *AB140_R2*
~~~~~ 19 - 80th Session (2019)
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Amendments

3 amendments

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Action History

  1. Approved by the Governor. Chapter 437.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 703 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Amended. (Amend. No. 703.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: None, Not voting: 1.) To printer. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

  8. Taken from General File. Placed on General File for next legislative day.

  9. Read third time. Taken from General File. Placed on General File for next legislative day.

  10. Taken from General File. Placed on General File for next legislative day.

  11. Taken from General File. Placed on General File for next legislative day.

  12. Read second time.

  13. From committee: Do pass.

  14. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  15. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  16. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. Nos. 300 and 595.) To printer.

  17. From printer. To committee.

  18. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

  • Assembly Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
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Frequently asked questions

What does AB 140 do?
AN ACT relating to child welfare; prohibiting discrimination against persons who are deaf, legally blind or otherwise physically disabled or who are the holders of a valid registry identification card for the use of medical marijuana in certain proceedings relating to children; and providing other matters properly relating thereto.
Who sponsors AB 140?
AB 140 is sponsored by Assembly Committee on Judiciary.
What is the current status of AB 140?
This bill has been enacted into law. Introduced February 14, 2019. Enacted.
Where can I track AB 140?
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