SB 188 — Establishes programs for certain persons of low-income and certain children. (BDR 38-711)

If a local housing authority or the Nevada Rural Housing Authority receives moneybill fromrequire thethose Stateorganizations Treasurer pursuant to sectionensure 20,that sectionsinstruction 37in andfinancial 39literacy ofis this provided to a tenant who deposits a portion of his or her income in an individual is development account.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

To the extent authorized by federal law, the Department shall not consider money deposited in an individual development account pursuant to section 21 of this act by a recipient of Medicaid to be income for the purpose of determining - *SB188_R1* – 4 – whether the person who deposited the money is eligible to receive or to continue to receive benefits that are provided by Medicaid.

- 81st Session (2021) – 4 – Sec.

The Department shall, to the extent that money is provided by the State Treasurer pursuant to section 20 of this act for that purpose, ensure that instruction in financial literacy is provided to a recipient of Medicaid who deposits a portion of his orsection her21 incomeof inthis anact.ividual individual development account pursuant to section2. 21 of this act.

2.

(g)Department Theof SuperintendentEducation ofor Publichis Instructionor her designee;nstruction of the Department(h) ofThe Educationfollowing orfive hisvoting ormembers, herappointed designee;by the State Treasurer:

(h) The following five voting members, appointed by the State Treasurer:

- *SB188_R1*81st Session (2021) – 5 – (2) A representative of an agency which provides child welfare services, as defined in NRS 432B.030, operating in a county whose population is 700,000 or more;

(3) A representative of the Nevada System of Higher Education;Educat(4) A representative of Workforce Connections or its successor organization;

(4) A representative of Workforce Connections or its successor organization;

A majority of the voting members of the Council constitutes a quorum for the transaction of business, and a majority of those voting members present at any meeting is sufficient for any official action taken by the Council.Council.is 4.

4.The Council and any working groups appointed pursuant to section 11 of this act shall comply with the provisions of chapter of NRS and shall conduct all meetings in accordance with that chapter.

The Council and any working groups appointed pursuant to section 11 of this act shall comply with the provisions of chapter 241 of NRS and shall conduct all meetings in accordance with that chapter.

- 81st Session (2021) – 6 – 2.

Any member of the Council who is a public - *SB188_R1* – 6 – employee must be granted administrative leave from the duties of the member to engage in the business of the Council without loss of his or her regular compensation.

Such leave must not reducereducess the amount of the member’s other accrued leave.

The Chair may appoint any person the Chair deems appropriate to serve on a working group, except that a working group must include at least one member of the Council.

working 2.

The Nevada Statewide Council on Financial Independence may apply for and receive gifts, grants, donations or other money from governmental and private agencies, affiliated - 81st Session (2021) – 7 – associations and other persons to carry out the provisions of sections 5 to 14, inclusive, of this act and to defray expenses incurred by the Council in the discharge of its duties.

On or before February 15 of each year, the State TreasurerTre1.urePrepare shall,a ifreport moneysetting isforth available:the activities of the Nevada Statewide Council on Financial Independence;

- *SB188_R1* – 7 – 1.

Prepare a report setting forth the activities of the Nevada Statewide Council on Financial Independence;

Qualifies to become an account holder pursuant to section 21 of this act;

“Fiduciary organization” means an organization that is selected pursuant to section 24 of this act to administer state money directed to individual development accounts and is a nonprofitnon1.ofiConducts organizationfundraising which:activities;

1.

Conducts fundraising activities;

Shall solicit and apply for gifts, grants and donations for the purpose of carrying out the provisions of sections 15 to 25, inclusive, of this act, including, without limitation, to fund matching payments by fiduciary institutions pursuant to section 23 of- this81st actSession and(2021) fund– the8 instruction– and training required by sections 3, 28, 30.7, 37 and 39 of this act and paragraph (m) of subsection 1 of NRS 226.110.

- *SB188_R1* – 8 – (a) Transfer a portion of the money obtained pursuant to subsection 1 to:

and (3) Each authority,agency aswhich definedprovides inchild NRSwelfare 315.170services, andas thedefined Nevadain Rural Housing Authority created by NRS 315.977,432B.030, to provide the instruction required by sectionssection 3730.7 and 39, respectively of this act;

and (4) Each authority, as defined in NRS 315.170 and the provide the instruction required by sections 37 and 39, respectively of this act;

(I)to A315.7813, localinclusive, housingand authoritysections 36 and 37 of this act;.140 (II) The Nevada Rural Housing Authority pursuant to NRS 315.140315.961 to 315.7813,315.99874, inclusive, and sections 3638 and 3739 of this act;

(II)or The(III) NevadaA Ruralnonprofit Housingorganization Authoritywhich pursuantprimarily toprovides NRSaffordable 315.961housing todevelopments 315.99874,that inclusive,are andfinanced, sectionswholly 38or andin 39part, ofwith thislow-income act;housing tax credits, private activity bonds or money from a governmental entity for affordable housing, - 81st Session (2021) – 9 – including, without limitation, money received pursuant to the HOME Investment Partnerships Act, 42 U.S.C.

or (III) A nonprofit organization which primarily provides affordable housing developments that are financed, wholly or in part, with low-income housing tax credits, private activity bonds or money from a governmental entity for affordable housing, including, without limitation, money received pursuant to the HOME Investment Partnerships Act, 42 U.S.C.

or (3) A provider of foster care who establishes an individual development account for a child placed in the care of the provider of foster care pursuant to section 27 of this act.act;

or the provider (4) A relative or a fictive kin with whom a child is placed pursuant to paragraph (b) of subsection 6 of NRS 432B.390 who establishes an individual development account for the child pursuant to section 30.5 of this act.

To establish an individual development account pursuant to subsection 1, the account holder and a fiduciary organization must enter into an agreement wherein the account holder deposits funds into a financial institution in this State and the fiduciary organization deposits matching funds into the financial institution in this State pursuant to section 23 of this act with the goal of enabling the account holder to accumulate assets for use toward - *SB188_R1* – 9 – achieving a specific purpose authorized by the fiduciary organization pursuant to section 22 of this act.

Except for a provider of foster care or a relative or fictive kin with whom a child is placed pursuant to paragraph (b) of subsection 6 of NRS 432B.390 or for a child for whom an individual development account is established by a provider of foster care,care or such a relative or fictive kin, every account holder, with support from the fiduciary organization, shall develop a personal development plan to increase the financial independence of the account holder and the household of the account holder through achievement of the authorized purpose of the individual development account.

The account holder shall specify in thetheual personal development plan the purpose for the use of the money in the individual development account.

A fiduciary organization shall refuse to allow a person who qualifies to become an account holder pursuant to subsection 2 to establish- an81st individualSession development(2021) account– if10 establishment– of the individual development account would result in the membersmembersf of the household of the person, as defined in section 22 of this act, having more than two individual development accounts.

(a) Enter into an agreement with a fiduciary organization to establish an individual development account pursuant to section 21 of this act only for a purpose authorized by the fiduciary organization;

A fiduciary organization may authorize the establishment of an individual development account and the withdrawal of moneyof from the individualfollowing developmentpurposes:development account for one or more (a) The acquisition of thepostsecondary followingeducation purposes:or job training.

(a)(b) TheIf acquisitionthe account holder has established the individual development account for the benefit of a member of his or her household who is under 18 years of age, the payment of expenses for extracurricular activities, not including the payment of tuition, that are designed to prepare the member for postsecondary education or job training.

- *SB188_R1* – 10 – (b) If the account holder has established the individual development account for the benefit of a member of his or her household who is under 18 years of age, the payment of expenses for extracurricular activities, not including the payment of tuition, that are designed to prepare the member for postsecondary education or job training.

Unless the account holder was displaced from the residence, had lost ownership of the residence as a result of a divorce or is the owner of a manufactured home, the account holder must not have owned or held any interest in a residence during the 3 years immediately preceding the purchase.

a residence during the 3 years immediately (d) The rental of a primary residence.

- 81st Session (2021) – 11 – (e) The establishment of a small business.

The account holder may use money in the individual development account to pay for expenses related to establishing the small business, to hire employees and to use for working capital pursuant to a business plan.institution, nonprofit organization or other agent which hasial demonstrated expertise in business and which has been approved by the fiduciary organization.

The business plan must have been developed by a financial institution, nonprofit organization or other agent which has demonstrated expertise in business and which has been approved by the fiduciary organization.

(h) The purchase or repair of a vehicle, as specified in the personal development plan for increasing the financial - *SB188_R1* – 11 – independence of the account holder developed pursuant to section 21 of this act.

(j) The payment of debts owed for educational or medical purposes when the account holder is saving for anotheranotherdical authorized purpose, as specified in the personal development plan for increasing the financial independence of the account holder developed pursuant to section 21 of this act.

- 81st Session (2021) – 12 – 3.

If the account holder is a child for whom a provider of foster care established an individual development account pursuant to section 27 of this act andor sucha child for whom a relative or fictive kin established an accountindividual holderdevelopment account seeks to withdraw money from the individual development account for a purpose authorized pursuant to subsection 2 that requires information be specified in the personal development plan for increasing the financial independence of the account holder, the account holder shall develop a personal development plan that substantially complies with subsection 4 of section 21 of this act.

If the account holder of an individual development account established for the purpose set forth in paragraph (i) of subsection 2 has achieved the purpose of the account holder in accordance with the personal development plan developed pursuant to section 21 of this act, the account holder may withdraw, or authorize the withdrawal of, all deposits, including, without limitation, matching deposits and interest accrued on deposits, in the individual development account by rolling over the entire withdrawal amount into an individual retirement account, a retirement plan or a similar account or plan established under the Internal Revenue Service.

If an account holder withdraws money from an individual development account without receiving the authorization of the -fiduciary *SB188_R1*organization –pursuant 12to –subsection 2, the fiduciary organizationorg6.izExcept pursuantas otherwise provided in sections 27 and 30.5 of this act, if the account holder moves outside of this State or is otherwise unable to subsectioncontinue 2,in the Program, the fiduciary organization may remove the account holder from the Program.

6.

Except as otherwise provided in section 27 of this act, if the account holder moves outside of this State or is otherwise unable to continue in the Program, the fiduciary organization may remove the account holder from the Program.

and - 81st Session (2021) – 13 – (c) Are mutually dependent on each other for the basic necessities of life.

If the Individual Development Account Program is established, the State Treasurer must provide money obtained pursuant to section 20 of this act to fiduciary organizations for the purpose of funding matching payments by fiduciary institutions pursuant to subsection 2.

The fiduciary organization shall deposit the matching deposits made by the fiduciary organization pursuant to subsection 2 in a savings account that is:

A fiduciarymatching organizationfunds maymade designatein aany lesser12-month period.er amount as a limit on matching5. funds made in any 12-month period.

- *SB188_R1* – 13 – 5.

In making the - 81st Session (2021) – 14 – selections, the State Treasurer shall consider, without limitation, the following factors:

The ability of the fiduciary organization to implement and administer the Program, including, without limitation, the ability to:to:(a) Verify that a person qualifies to become an account holder;

(a) Verify that a person qualifies to become an account holder;

The responsibility of the fiduciary organizationorg(a) extendsMarketing to:to participants;

(a)(b) MarketingSoliciting any additional matching funds pursuant to participants;section 23 of this act and notifying the State Treasurer upon receipt of such funds;

- *SB188_R1* – 14 – (b) Soliciting any additional matching funds pursuant to section 23 of this act and notifying the State Treasurer upon receipt of such funds;

A fiduciary organization may act in partnership with other entities, including, without limitation, businesses, government - 81st Session (2021) – 15 – agencies, nonprofit organizations, community development corporations, community action programs, housing authorities and charitable or religious organizations, to assist in fulfilling its responsibilities under sections 15 to 25, inclusive, of this act.

4.organization selected to administer any money pursuant to section of this act shall:

On or before February 15 of each year, a fiduciary organization selected to administer any money pursuant to section 24 of this act shall:

The State Treasurer may adopt regulations to carry out the provisions of section 15 to 25, inclusive, of this act.act, including, without limitation, regulations governing fees charged by fiduciary organizations in relation to the administration of individual development accounts.

Upon receiving approval pursuant to subsection 2, a provider of foster care may establish an individual development account for a child placed in the care of the provider of foster care by the appropriate agency.

The provider of fosterfosterer care may deposit into the individual development account money received by the provider of foster care to pay for the cost of providing care to the child, if such use does not conflict with or prevent the provider of foster care from providing care to the child.

- *SB188_R1* – 15 – 2.

- 81st Session (2021) – 16 – (a) Does not conflict with or prevent the provider of foster care from providing care to the child;

and (b) Is in the best interests of the child.

The money deposited into the individual development account and any matching funds and interest deposited into the individual development account pursuant to sections 15 to 25,25,e inclusive, of this act is the property of the child for whom the individual development account was established.

(a) The child from maintaining a bank account and managing personal income, consistent with the age and developmental level of the child, as is the right of the child pursuant to paragraph (b) of subsection 10 of NRS 432.525;

orore child pursuant to paragraph (b) (b) The provider of foster care from establishing a savings account for a child placed in the care of the provider of foster care into which the provider of foster care deposits the personal income or money of the provider of foster care.

or - *SB188_R1* – 16 – (b) In the custody of an agency which provides child welfare services pursuant to chapter 432B of NRS.

The licensing authority shall, to the extent that money is provided by the State Treasurer pursuant to section 20 of this act for that purpose, ensure that instruction in financial literacy is provided to a child for whom an individual development account is established pursuant to section 27 of this act.

2.- 81st Session (2021) – 17 – independent contractor to provide the instruction required by of an subsection 1.

The licensing authority may contract for the services of an independent contractor to provide the instruction required by subsection 1.

[Each] Notwithstanding the provisions of section 27 of this act, each agency which provides child welfare services shall ensure that money allocated to pay for the cost of providing care to children placed in a specialized foster home is not used for any other purpose.

Each agency which provides child welfare services shall provide to the Division any data concerning children who are placed in a specialized foster home by the agency upon the request of the Division.DivSec.

Sec.

(e) 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 regulations adopted by the Division.Div(f) Except as otherwise provided in regulations adopted by the Division, care is voluntarily provided to a minor child who is related to the caregiver by blood, adoption or marriage.

(f)(g) ExceptCare asis otherwise provided into regulationsa adoptedminor bychild thewho Division,is carein isthe voluntarilycustody providedof toan aagency minorwhich provides child whowelfare isservices relatedpursuant to thechapter caregiver432B byof blood,NRS adoption or marriage.a juvenile court pursuant to title 5 of NRS if:

- *SB188_R1* – 17 – (g) Care is provided to a minor child who is in the custody of an agency which provides child welfare services pursuant to chapter 432B of NRS or a juvenile court pursuant to title 5 of NRS if:

and - 81st Session (2021) – 18 – (2) The caregiver is not licensed pursuant to the provisions of NRS 424.020 to 424.090, inclusive.

As used in this section, “fictive kin” means a person who is not related by blood to a child but has a significant emotional and positiveposSec. relationship with the child.

30.1.

Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 30.3, 30.5 and 30.7 of this act.

30.3.

“Fictive kin” means a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child.

Sec.

30.5.

1.

Upon receiving approval pursuant to subsection 2, a relative or a fictive kin with whom a child is placed pursuant to paragraph (b) of subsection 6 of NRS 432B.390 may establish an individual development account for the child.

The relative or fictive kin may deposit into the individual development account money received by the relative or fictive kin to pay for the cost of providing care to the child, if such use does not conflict with or prevent the relative or fictive kin from providing care to the child.

2.

Before establishing an individual development account pursuant to subsection 1, a relative or fictive kin must receive the approval of an agency which provides child welfare services to establish the individual development account and deposit a portion of the money received into such an account.

An agency which provides child welfare services shall grant such approval to the relative or fictive kin if the agency which provides child welfare individual development account:positing of money into the (a) Does not conflict with or prevent the relative or fictive kin from providing care to the child;

and (b) Is in the best interests of the child.

3.

The money deposited into the individual development account and any matching funds and interest deposited into the individual development account pursuant to sections 15 to 25, inclusive, of this act is the property of the child for whom the individual development account was established.

4.

The child:

(a) May access the money deposited in the individual development account and any matching funds and interest deposited into the individual development account pursuant to sections 15 to 25, inclusive, of this act upon reaching 18 years of age or upon being declared emancipated pursuant to NRS 129.080 - 81st Session (2021) – 19 – to 129.140, inclusive, whether or not the child was part of the foster care system or child welfare system upon reaching 18 years of age or the child moved outside of the State before reaching 18 years of age or before being declared emancipated;

and (a), must use the money deposited in the individual development account and any matching funds and interest deposited into the individual development account pursuant to sections 15 to 25, inclusive, of this act only for the purposes set forth in section 22 of this act.

5.

Nothing in this section shall be construed as preventing:

(a) A child who is placed with a relative or a fictive kin pursuant to paragraph (b) of subsection 6 of NRS 432B.390 from maintaining a bank account and managing personal income, consistent with the age and developmental level of the child;

or (b) The relative or fictive kin with whom a child is placed pursuant to paragraph (b) of subsection 6 of NRS 432B.390 from establishing a savings account for the child into which the relative or fictive kin deposits the personal income or money of the relative or fictive kin.

Sec.

30.7.

1.

An agency which provides child welfare services shall, to the extent that money is provided by the State Treasurer pursuant to section 20 of this act for that purpose, ensure that instruction in financial literacy is provided to a child for whom an individual development account is established pursuant to section 30.5 of this act.

2.

An agency which provides child welfare services may the instruction required by subsection 1.nt contractor to provide Sec.

30.9.

NRS 432B.010 is hereby amended to read as follows:

432B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432B.020 to 432B.110, inclusive, and section 30.3 of this act have the meanings ascribed to them in those sections.

Sec.

- 81st Session (2021) – 20 – (a) Provide monetary support to a provider of foster care who provides opportunities to a child in his or her care to participate in extracurricular, cultural or personal enrichment activities;

[and] (b) Provide monetary support toto: a provider of foster care for the provider of foster care to establish and fund an individual development account pursuant to section 27 of this act;

to establish and fund an individual development account pursuantcare to section 27 of this act;

or (2) A relative or a fictive kin for the relative or fictive kin to establish and fund an individual development account pursuant to section 30.5 of this act;

31.2.

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 child welfare services:

(a) May place a child in protective custody without the consent or designee has reasonable cause to believe that immediate action iscer 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 child welfare services receives a report pursuant to subsection 2 of NRS 432B.630, a designee of the agency which provides 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 - 81st Session (2021) – 21 – 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 child welfare services becomes aware that there is reasonable cause to an act by the other parent that constitutes domestic violencee result of pursuant to NRS 33.018, that agency shall immediately notify the agency which provides child welfare services and a protective custody hearing must be scheduled.

4.

An agency which provides 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 or her 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 or her 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 the person 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, except as otherwise provided in NRS 432B.3905, in the fol(a) In a hospital, if the child needs hospitalization.

(b) With a person who is related within the fifth degree of consanguinity or a fictive kin, and who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State.

(c) In a foster home that is licensed pursuant to chapter 424 of NRS.

(d) In any other licensed shelter that provides care to such children.

7.

Whenever possible, a child placed pursuant to subsection 6 must be placed together with any siblings of the child.

Such a 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.

- 81st Session (2021) – 22 – subsection 1 shall:acing a child in protective custody pursuant to (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 child’s welfare that the child has been placed in protective custody;

and (c) As soon as practicable, inform the agency which provides child welfare services and the appropriate law enforcement agency, except that if the placement violates the provisions of NRS 432B.3905, the person shall immediately provide such notification.

9.

If a child is placed with any person who resides outside this State, the placement must be in accordance with NRS 127.330.

[10.

As used in this section, “fictive kin” means a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child.] Sec.

31.4.

NRS 432B.462 is hereby amended to read as fol432B.462 1.

As soon as possible after a petition is filed alleging that a child is in need of protection pursuant to NRS 432B.490 but no later than the date on which the disposition hearing is held pursuant to subsection 5 of NRS 432B.530, the court shall appoint an educational decision maker for the child.

2.

There is a rebuttable presumption that it is in the best interests of the child for the court to appoint a parent or guardian of the child as the educational decision maker for the child.

The court may appoint a person other than a parent or guardian as an educational decision maker for a child if, upon a motion from any party, the court finds that:

(a) The parent or guardian of the child is unwilling or unable to act as the educational decision maker for the child;

or (b) It is not in the best interests of the child for the parent or legal guardian to act as the educational decision maker for the child.

court must appoint an educational decision maker for the child whoe has the knowledge and skills to act in the best interests of the child in all matters relating to the education of the child.

Such a person may include, without limitation:

(a) A relative of the child within the fifth degree of consanguinity;

(b) The foster parent or other provider of substitute care for the child;

- 81st Session (2021) – 23 – subsection 10 of NRS 432B.390;]ld ;

[, as that term is defined in (d) The guardian ad litem appointed for the child pursuant to NRS 432B.500;

or (e) Another person whom the court determines is qualified to perform the duties of an educational decision maker prescribed by this section.

4.

If possible, a person appointed as an educational decision maker for a child pursuant to subsection 3 must be the permanent caregiver recommended for the child in the plan for permanent placement adopted pursuant to NRS 432B.553.

5.

The fact that a person other than the parent or guardian of a child is appointed as an educational decision maker pursuant to this section must not be used in any proceeding as evidence that the person is an unfit parent or unfit to be the guardian of the child.

6.

An educational decision maker appointed pursuant to this section shall not be deemed to be an employee of a public agency inv7.vedAn educational decision maker shall:

(a) Have an initial meeting with the child and then shall meet with the child as often as he or she deems necessary to carry out the duties prescribed by this section in accordance with the best interests of the child;

(b) Address any disciplinary issues relating to the education of the child with the child and the school in which the child is enrolled;

(c) Ensure that the child receives a free and appropriate education in accordance with federal and state law, including, without limitation:

(1) Any special programs of instruction or special services for pupils with disabilities to which the child is entitled by federal or state law;

and (2) If the child is at least 14 years of age, educational services to assist the child in transitioning to independent living;

services concerning a determination about whether the child should change schools pursuant to NRS 388E.105, if applicable;

(e) Participate in any meeting relating to the education of the child, including, without limitation, a meeting regarding any individualized education program established for the pupil pursuant to 20 U.S.C.

§ 1414(d) or special program of instruction or special service provided to the pupil;

(f) To the extent practicable, communicate any concerns he or she has regarding the educational placement of the child and the - 81st Session (2021) – 24 – to address those concerns to:

to the child and any recommendations (1) The agency which provides child welfare services;

(2) The attorney representing the child;

and (3) If the educational decision maker for the child is not the parent or guardian of the child, the parent or guardian of the child;

and (g) Appear at any proceeding held pursuant to this section and NRS 432B.410 to 432B.590, inclusive, and make specific recommendations to the court as appropriate concerning the educational placement of the child, the educational services provided to the child and, if the child is at least 14 years of age, the services needed to assist the child in transitioning to independent living.

8.

A court may revoke the appointment of an educational decision maker if the court determines the revocation of the appointment is in the best interests of the child.

If the court revokes decision maker for the child.t must appoint a new educational 9.

An educational decision maker appointed for a child pursuant to this section shall be deemed to be a surrogate parent for the purposes of 34 C.F.R.

§ 300.519.

Sec.

31.6.

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 may, by its order, after receipt and review of the report from the agency which provides child welfare services:

(a) Permit the child to remain in the temporary or permanent custody of the parents of the child 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 the child in the temporary or permanent custody of a receive and care for the child with or without supervision, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;

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.

- 81st Session (2021) – 25 –  In carrying out this subsection, the court may, in its sole discretion and in compliance with the requirements of chapter 159A of NRS, consider an application for the guardianship of the child.

If the court grants such an application, it may retain jurisdiction of the cas2.

The court shall not deny placement of a child in therisdiction.

temporary or permanent custody of a person pursuant to subsection solely because the person:

(a) Is deaf, is blind or has another physical disability;

or (b) Is the holder of a valid registry identification card.

3.

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 child’s 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 the rights of the parent.

(b) The court shall set forth good cause why the child was placed other than with a parent.

4.

If, pursuant to subsection 1, the child is to be placed with a relative or fictive kin, the court may consider, among other factors, whether the child has resided with a particular relative or fictive kin for 3 years or more before the incident which brought the child to the court’s attention.

5.

Except as otherwise provided in this subsection, a copy of the report prepared for the court by the agency which provides child welfare services must be sent to the custodian and the parent or legal services pursuant to NRS 432B.630:ed to a provider of emergency (a) The parent who delivered the child to the provider shall be deemed to have waived his or her right to a copy of the report;

and (b) A copy of the report must be sent to the parent who did not deliver the child to the provider, if the location of such parent is known.

6.

In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of the parents of the child or guardian:

(a) It must be presumed to be in the best interests of the child to be placed together with the siblings of the child.

(b) Preference must be given to placing the child in the following order:

(1) With any person related within the fifth degree of consanguinity to the child or a fictive kin, and who is suitable and - 81st Session (2021) – 26 – able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State.

(2) In a foster home that is licensed pursuant to chapter 424 of NRS.

pursuant to this section must be completed within 1 year after the initial placement of the child outside of the home of the child.

If a child is placed with any person who resides outside of this State, the placement must be in accordance with NRS 127.330.

8.

Within 60 days after the removal of a child from the home of the child, the court shall:

(a) Determine whether:

(1) The agency which provides child welfare services has made the reasonable efforts required by paragraph (a) of subsection of NRS 432B.393;

or (2) No such efforts are required in the particular case;

and (b) Prepare an explicit statement of the facts upon which its determination is based.

9.

As used in this section:

(a) “Blind” has the meaning ascribed to it in NRS 426.082.

(b) [“Fictive kin” means a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child.

(c)] “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 678C.080 that identifies the person as:

(1) Exempt from state prosecution for engaging in the medical(2) Aof designatedor primary caregiver as defined in NRS 678C.040.

Sec.

31.8.

NRS 432B.6201 is hereby amended to read as follows:

432B.6201 As used in NRS 432B.6201 to 432B.626, inclusive, unless the context otherwise requires, the words and terms defined in NRS [432B.6205,] 432B.621 and 432B.6213 have the meanings ascribed to them in those sections.

Sec.

2.- 81st Session (2021) – 27 – Deputy State Treasurer shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.

ExceptSec. as otherwise provided in NRS 284.143, the Chief Deputy State Treasurer shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.

- *SB188_R1* – 18 – Sec.

[4.] (d) May employ any necessary investment and financial advisers to render advice and other services in connection with the investmentinv[5.] of(e) Shall disburse the public money ofupon warrants drawn upon the State.Treasury by the State Controller, and not otherwise.

[5.] (e) Shall disburse the public money upon warrants drawn upon the Treasury by the State Controller, and not otherwise.

and [(b)] (2) Special services rendered to other state agencies or to membersher ofoffice.the the public which increase the cost of operating his or her[9.] office.(i) Serves as the primary representative of the State in matters concerning any nationally recognized bond credit rating agency for the purposes of the issuance of any obligation authorized on the behalf and in the name of the State, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive.

[9.]- (i)81st ServesSession as(2021) the– primary28 representative– of the State in matters concerning any nationally recognized bond credit rating agency for the purposes of the issuance of any obligation authorized on the behalf and in the name of the State, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive.

[10.] (j) Is directly responsible for the issuance of any obligation authorized on the behalf and in the name of the State, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive.

- *SB188_R1* – 19 – [(a)] (1) Shall issue such an obligation as soon as practicable after receiving a request from a state agency for the issuance of the obligation.

[12.]Property.(l) (l) Shall serve as the Administrator of Unclaimed Property.(m) In addition to the instruction provided pursuant to section 21, 37 or 39 of this act, shall, to the extent that money is available for that purpose, ensure that instruction and training in the following areas is provided to the tenants of a housing project operated by a local housing authority pursuant to NRS 315.140 to 315.7813, inclusive, and sections 36 and 37 of this act, to the tenants of a housing project operated by the Nevada Rural Housing Authority pursuant to NRS 315.961 to 315.99874, inclusive, and sections 38 and 39 of this act and to the tenants of a nonprofit organization described in sub-subparagraph (III) of subparagraph (1) of paragraph (c) of subsection 2 of section 21 of this act:

(m) In addition to the instruction provided pursuant to section 21, 37 or 39 of this act, shall, to the extent that money is available for that purpose, ensure that instruction and training in the following areas is provided to the tenants of a housing project operated by a local housing authority pursuant to NRS 315.140 to 315.7813, inclusive, and sections 36 and 37 of this act, to the tenants of a housing project operated by the Nevada Rural Housing Authority pursuant to NRS 315.961 to 315.99874, inclusive, and sections 38 and 39 of this act and to the tenants of a nonprofit organization described in sub-subparagraph (III) of subparagraph (1) of paragraph (c) of subsection 2 of section 21 of this act:

(I) Small business enterprises;

and (IV) Disadvantaged business enterprises as defined by 49 C.F.R.

- 81st Session (2021) – 29 – Sec.

(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectivelyrespec(1) designatedThe asAdministrator follows:of the Aging and Disability Services Division;

(1)(2) The Administrator of the AgingDivision andof DisabilityWelfare Servicesand Division;Supportive Services;

- *SB188_R1* – 20 – (2) The Administrator of the Division of Welfare and Supportive Services;

(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of the 2000, 42 U.S.C.

- 81st Session (2021) – 30 – (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of thosefederal services;money and any need for the modification of programs administered by the Department.

and (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the - *SB188_R1* – 21 – distribution of federal money and any need for the modification of programs administered by the Department.

The authority shall not consider money deposited in an individual development account pursuant to section 21 of this act by a tenant of a housing project operated by the authority to be income for the purpose of determining whether the person is eligible to reside in the housing project under the provisions of NRS 315.510 or any regulations adopted by the authority.authority.isions of Sec.

Sec.

The Authority shall not consider money deposited in an individual development account pursuant to section 21 of this act by a tenant of a housing project operated by the Authority to be - 81st Session (2021) – 31 – income for the purpose of determining whether the person is eligible to reside in the housing project under the provisions of NRS 315.994 or any regulations adopted by the Authority.

In addition to the training provided by the State Treasurer pursuant to paragraph (m) of subsection 1 of NRS 226.110, the Authority shall, to the extent that money is provided by the State Treasurer pursuant to section 20 of this act for that purpose, ensure that instruction in financial literacy is provided to a tenant who deposits a portion of his or her income in an individual development account pursuant to section 21 of this act.

- *SB188_R1* – 22 – 2.

315.420 An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of NRS 315.140 to 315.7813, inclusive,levy and sectionscollect 36taxes andor 37special ofassessments).but this act (but not the power to levySec. and collect taxes or special assessments).

Sec.

(b) That the establishment and operation of a sufficient number of new local housing authorities to undertake housing projects on an individual basis in such counties and the cities and towns therein is not- feasible81st atSession (2021) – 32 – circumstances;t the present time due to geographic and economic circumstances;(c) That the shortage of low-rent housing facilities in such counties can be partially remedied through state action by the establishment of a state housing authority having the power to undertake housing projects and make mortgage loans for residential housing;

(c) That the shortage of low-rent housing facilities in such counties can be partially remedied through state action by the establishment of a state housing authority having the power to undertake housing projects and make mortgage loans for residential housing;

- *SB188_R1* – 23 – Sec.

Sec.315.983 1.RS 31Except as otherwise provided in NRS 354.474 and 377.057, the Authority:

45.

NRS 315.983 is hereby amended to read as follows:

315.983 1.

Except as otherwise provided in NRS 354.474 and 377.057, the Authority:

(d)or Makeconvenient andto executethe contractsexercise andof otherits instrumentspowers.instruments necessary (e) Deposit money it receives in any insured state or convenientnational tobank, insured credit union, insured savings and loan association or insured savings bank, or in the exerciseLocal ofGovernment itsPooled powers.Long- Term Investment Account created by NRS 355.165 or the Local Government Pooled Investment Fund created by NRS 355.167.

(e) Deposit money it receives in any insured state or national bank, insured credit union, insured savings and loan association or insured savings bank, or in the Local Government Pooled Long- Term Investment Account created by NRS 355.165 or the Local Government Pooled Investment Fund created by NRS 355.167.

- 81st Session (2021) – 33 – (g) Create a nonprofit organization which is exempt from taxation pursuant to 26 U.S.C.

(h) Enter into agreements or other transactions with, and accept grants from and cooperate with, any governmental agency or other source in furtherance of the purposes of NRS 315.961 to 315.99874, inclusive [.] , and sections 38 and 39 of this act.

- *SB188_R1* – 24 – Sec.

46.5.

NRS 432B.6205 is hereby repealed.

Sec.

Sections 1 to 46,46.5, inclusive, of this act become effective:

(a) Upon passage and approval for the purposes of adopting regulations and performing any other administrative tasks that are nec(b)necessary Onto Januarycarry 1,out 2022,the forprovisions allof otherthis purposes.act;

and H(b) -On *SB188_R1*January 1, 2022, for all other purposes.

~~~~~ 21 - 81st Session (2021)