Nevada 2021 Regular Session Status: Enacted

AB 426 — Makes various changes relating to the protection of children. (BDR 38-516)

Last action — Approved by the Governor. Chapter 376.

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    To Executive
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    Enacted

This bill has been enacted into law. Introduced March 26, 2021. Enacted.

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    1 primary, 0 co-sponsors signed on.

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Bill Text

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(Reprinted with amendments adopted on May 10, 2021) FIRST REPRINT A.B.
Assembly Bill No.
426 A SSEMBLY B ILLN O.
426–Committee on Judiciary CHAPTER..........
426–COMMITTEE ON JUDICIARY M ARCH 26, 2021 ____________ Referred to Committee on Health and Human Services SUMMARY—Makes various changes relating to the protection of children.
(BDR 38-516) 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 authorizes an agent or officer of a law enforcement agency, an of juvenile services, or a designee of an agency which provides child welfarertment services to place a child in protective custody if there is reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect.
Existing law authorizes an agent or officer of a law enforcement agency, an agent or officer of the local juvenile probation department or the local department services to place a child in protective custody if there is reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect.
(NRS 432B.390) Section 1 of this bill authorizes an agency which provides child welfare services or its designee to request that the court issue a warrant to place a child in protective custody if there is reasonable cause to believe that the child is in the time it would take to obtain a warrant.
(NRS 432B.390) Section 1 of this bill authorizes an agency which provides child welfare services or its designee to request that the court issue a warrant to place a child in protective custody if there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect but the threat is not imminent in the time it would take to obtain a warrant.
(1) sets forth thet in information that must be included in such a warrant;
(1) sets forth the information that must be included in such a warrant;
(3) establishes that the warrant is valid for 10 days after the date of issuance, unless otherwise specified in the warrant;
(3) establishes that the warrant is valid requires that a copy of the warrant must be provided to the parent, guardian ornt;
(4) requires that a copy of the warrant must be provided to the parent, guardian or custodian of the child;
(4) custodian of the child;
(5) clarifies that obtaining a warrant does not preclude an warrant;
(5) clarifies that obtaining a warrant does not preclude an agency which provides child welfare services from requesting a subsequent warrant;
and (7) requires the - *AB426_R1* – 2 – application for the warrant and the warrant to be filed with the clerk of the court.
and (7) requires the application for the warrant and the warrant to be filed with the clerk of the court.
Existing law grants the court exclusive original jurisdiction in proceedings concerning any child living or found within the county who is a child in need of protection or may be a child in need of protection.
concerning any child living or found within the county who is a child in need of protection or may be a child in need of protection.
(NRS 432B.410) Section 5 of domiciled within the county.jurisdiction of the court also applies to any child who is Existing law sets forth the circumstances under which a person is considered to have a special interest in a child and provides that if the court or a special master finds that a person has a special interest in a child, the court or the special master is required to:
(NRS 432B.410) Section 5 of this bill provides that the jurisdiction of the court also applies to any child who is domiciled within the county.
(1) ensure that the person is involved in and notified of any plan for the temporary or permanent placement of the child and is allowed to offer recommendations regarding the plan;
Existing law sets forth the circumstances under which a person is considered to have a special interest in a child and provides that if the court or a special master finds that a person has a special interest in a child, the court or the special master is required to:
and (2) allow the person to testify at any hearing to determine any temporary or permanent placement of the child.
(1) ensure that the person is involved in and notified of any plan for the temporary or permanent placement of the child and is allowed to offer hearing to determine any temporary or permanent placement of the child.
(NRS the initiative of the court or special master or the motion of a party;
(NRSny 432B.457) Section 6 of this bill clarifies that such a finding:
(1) may be made upon the initiative of the court or special master or the motion of a party;
Existing law requires that certain persons be given notice of certain hearings regarding the placement of a child when the child has been placed in protective custody, when the court is conducting a review of the placement of the child and when the court is considering the permanent placement of the child.
- 81st Session (2021) – 2 – Existing law requires that certain persons be given notice of certain hearings regarding the placement of a child when the child has been placed in protective custody, when the court is conducting a review of the placement of the child and when the court is considering the permanent placement of the child.
(NRS 432B.470, 432B.580, 432B.590) Sections 7, 11 and 12 of this bill revise the child’s welfare before such hearings.
(NRS provisions relating to the notice given to a parent or other person responsible for the child’s welfare before such hearings.
Sections 11 and 12 also clarify that certainr the determinations by the court must be made based upon a preponderance of the evidence.
Sections 11 and 12 also clarify that certain determinations by the court must be made based upon a preponderance of the evidence.
(1) a representative of an agency which provides child welfare services;
(1) a representative of an agency which provides district attorney.
(2) a law enforcement officer or probation officer;
(NRS 432B.510) Section 8 of this bill authorizes the Attorney3) the General to sign such a petition.
or (3) the district attorney.
Section 9 of this bill makes a conforming change to reflect the change in section 8 authorizing the Attorney General to sign such a petition.
(NRS 432B.510) Section 8 of this bill authorizes the Attorney General to sign such a petition.
Existing law authorizes the court to dispose of a case if the court finds by a preponderance of the evidence that the child was in need of protection at the time of authorizes the court to dispose of a case if the court finds by a preponderance of the evidence that the child was in need of protection at the time of the completion of the investigation by the agency which provides child welfare services, if the child was not removed from the home.
Section 9 of this bill makes a conforming change to petition.he change in section 8 authorizing the Attorney General to sign such a Existing law authorizes the court to dispose of a case if the court finds by a preponderance of the evidence that the child was in need of protection at the time of the removal of the child from the home.
EXPLANATION – Matter in bolded italics is new;
(NRS 432B.530) Section 10 of this bill authorizes the court to dispose of a case if the court finds by a preponderance of the evidence that the child was in need of protection at the time of the completion of the investigation by the agency which provides child welfare services, if the child was not removed from the home.
matter between brackets [omitted material] is material to be omitted.
An agency which provides child welfare services or its designee may request that the court issue a warrant to place a child in protective custody if there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect - *AB426_R1* – 3 – but the threat is not imminent in the time it would take to obtain a warrant.
An agency which provides child welfare services or its designee may request that the court issue a warrant to place a child in protective custody if there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect but the threat is not imminent in the time it would take to obtain a warrant.
(b) Must identify the basis for the finding that that there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect;
- 81st Session (2021) – 3 – (b) Must identify the basis for the finding that that there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect;
(c) Must authorize the agency which provides child welfare services or its designee to immediately place the child in protective custody;
(c) Must authorize the agency which provides child welfare custody;
and (d) May, if there is reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm, authorize an agent or officer of a law enforcement agency or an agent or officer of a local juvenile probation department or the local department of juvenile services to assist the agency which provides child welfare services or its designee in placing the child in protective custody.
andits designee to immediately place the child in protective (d) May, if there is reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm, authorize an agent or officer of a law enforcement agency or an agent or officer of a local juvenile probation department or the local department of juvenile services to assist the agency which provides child welfare services or its designee in placing the child in protective custody.
and (b) Is valid for 10 days after the date of issuance, unless otherwise specified in the order.
and (b) Is valid for 10 days after the date of issuance, unless otherwise specified in the warrant.
If a warrant issued pursuant to this section is executed, a hearing on protective custody must be held in accordance with the provisions of NRS 432B.470 and 432B.480.
If a warrant issued pursuant to this section is executed, a provisions of NRS 432B.470 and 432B.480.ld in accordance with the 8.
8.
Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child - *AB426_R1* – 4 – welfare services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any.
Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any.
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(b) The child has suffered a fatality;
- 81st Session (2021) – 4 – (b) The child has suffered a fatality;
3.
of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides child welfare services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted.
Except as otherwise provided in subsection 2, upon receipt of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides child welfare services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted.
and (2) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150.
and (2) Corporal punishment so administered was not so NRS 432B.150.to constitute abuse or neglect as described in 4.
4.
If an agency which provides child welfare services investigates a report of alleged abuse or neglect of a child pursuant to NRS 432B.010 to 432B.400, inclusive, and section 1 of this act, the agency shall inform the person responsible for the child’s - *AB426_R1* – 5 – welfare who is named in the report as allegedly causing the abuse or neglect of the child of any allegation which is made against the person at the initial time of contact with the person by the agency.
If an agency which provides child welfare services investigates a report of alleged abuse or neglect of a child pursuant to NRS 432B.010 to 432B.400, inclusive, and section 1 of this act, the agency shall inform the person responsible for the child’s welfare who is named in the report as allegedly causing the abuse or neglect of the child of any allegation which is made against the person at the initial time of contact with the person by the agency.
(a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person who has entered into an agreement with the agency to provide those services;
- 81st Session (2021) – 5 – (a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person who has entered into an agreement with the agency to provide those services;
or (b) Conduct an assessment of the family of the child to determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person who has entered into a written agreement with the agency to make such an assessment.
or determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person who has entered into a written agreement with the agency to make such an assessment.
(a) Offer to the parents or guardian a plan for services and inform the parents or guardian that the agency has no legal authority to compel the parents or guardian 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;
inform the parents or guardian that the agency has no legal authority to compel the parents or guardian 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;
- *AB426_R1* – 6 – 2.
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, the parents or guardian.
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 - 81st Session (2021) – 6 – the day, management of the home or supervision of the child, the parents or guardian.
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 [:] may place a child in protective custody:
An agent or officer of a law enforcement local department of juvenile services, or a designee of an agencythe which provides child welfare services [:] may place a child in protective custody:
(a) [May place a child in protective custody without the consent of] If the [person responsible for the child’s welfare if] parent or legal guardian consents to the child being placed in protective custody.
(a) [May place a child in protective custody without the consent of] If the [person responsible for the child’s welfare if] parent or legal guardian consents to the child being placed in protective custody;
(b) If the agent, officer or designee has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect.
(b) If the agent, officer or designee 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] (c) Upon the issuance of a warrant to place a child in protective custody pursuant to section 1 of this act.
[.
(d) 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.
(b) Shall place a child in protective custody upon] (c) Upon the issuance of a warrant to place a child in protective custody pursuant to section 1 of this act;
or (d) 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.
3.
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 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.
An agency which provides child welfare services shall request the assistance of a law enforcement agency in the removal of - *AB426_R1* – 7 – 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.
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 - 81st Session (2021) – 7 – the person placing the child in protective custody may be threatened with harm.
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.
Before taking a child for placement in protective custody, the person taking the child shall show his or her identification to any 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.
If a person who is responsible for the child is notthe 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.
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.
Such a child incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.
- *AB426_R1* – 8 – 10.
- 81st Session (2021) – 8 – 10.
432B.410 1.
jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act, the court has exclusive original jurisdiction in proceedings concerning any child domiciled, living or found within the county who is a child in need of protection or may be a child in need of protection.
Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act, the court has exclusive original jurisdiction in proceedings concerning any child domiciled, living or found within the county who is a child in need of protection or may be a child in need of protection.
A finding that a person has a special interest in a child pursuant to subsection 1 may be reviewed or modified at any time by the court or special master.
A finding that a person has a special interest in a child by the court or special master.
3.
reviewed or modified at any time 3.
or (2) Possesses information that is relevant to the determination of the placement of the child.
or - 81st Session (2021) – 9 – (2) Possesses information that is relevant to the determination of the placement of the child.
- *AB426_R1* – 9 – Sec.
Sec.
A child [taken into] placed in protective custody pursuant to NRS 432B.390 must be given a hearing, conducted by a judge, master or special master appointed by the judge for that particular hearing, within 72 hours, excluding Saturdays, Sundays and holidays, after being [taken into] placed in protective custody, to determine whether the child should remain in protective custody pending further action by the court.
A child [taken into] placed in protective custody judge, master or special master appointed by the judge for thata particular hearing, within 72 hours, excluding Saturdays, Sundays and holidays, after being [taken into] placed in protective custody, to determine whether the child should remain in protective custody pending further action by the court.
If the child was delivered to a provider of emergency services pursuant to NRS 432B.630, the parent who delivered the child to the provider shall be deemed to have waived any right to notice of the hearing conducted pursuant to this section.
If the child was delivered to a provider of emergency services pursuant to NRS 432B.630, the parent who delivered the child to the hearing conducted pursuant to this section.
3.
right to notice of the 3.
Sec.
- 81st Session (2021) – 10 – Sec.
(a) A representative of an agency which provides child welfare services;
(a) A representative of an agency which provides child welfare ser(b) A law enforcement officer or probation officer;
- *AB426_R1* – 10 – (b) A law enforcement officer or probation officer;
If the parents or other person responsible for the welfare of the child 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.
If the parents or other person responsible for the welfare of the child do not reside in this State or cannot be found state the name of any known adult relative residing within the Statest or, if there is none, the known adult relative residing nearest to the court.
Sec.
- 81st Session (2021) – 11 – Sec.
(a) A petition signed by the district attorney or the Attorney General pursuant to NRS 432B.510;
(a) A petition signed by the district attorney or the Attorney Gen(b) A report prepared pursuant to NRS 432B.540.
or (b) A report prepared pursuant to NRS 432B.540.
- *AB426_R1* – 11 – Sec.
Sec.
5.
child was in need of protection at the time of the removal of thet the child from the home [,] or, if the child was not removed from the home, at the time of the completion of the investigation by the agency which provides child welfare services, it shall record its findings of fact and may proceed immediately or at another hearing held within 15 working days, to make a proper disposition of the case.
If the court finds by a preponderance of the evidence that the child was in need of protection at the time of the removal of the child from the home [,] or, if the child was not removed from the home, at the time of the completion of the investigation by the agency which provides child welfare services, it shall record its findings of fact and may proceed immediately or at another hearing held within 15 working days, to make a proper disposition of the case.
Sec.
- 81st Session (2021) – 12 – 432B.580 NRS 1.
11.
NRS 432B.580 is hereby amended to read as follows:
432B.580 1.
An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report - *AB426_R1* – 12 – to the court, or to the panel if it has been designated to review the matter, which includes:
An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes:
(b) Information concerning the placement of the child in relation to the child’s siblings, including, without limitation:
(b) Information concerning the placement of the child in relation to the (1) Whether the child was placed together with the siblings;
(1) Whether the child was placed together with the siblings;
(c) Information concerning the child’s education, including:
(c) (1) A copy of any academic plan or individual graduation plan developed for the child pursuant to NRS 388.155, 388.165, 388.205 or 388.227;
(1) A copy of any academic plan or individual graduation plan developed for the child pursuant to NRS 388.155, 388.165, 388.205 or 388.227;
(4) Whether the child has not completed or passed any course of instruction that the child should have completed or passed by the time the report is submitted, which has resulted in the child having a deficiency in credits;
(4) Whether the child has not completed or passed any course of instruction that the child should have completed or passed - 81st Session (2021) – 13 – having a deficiency in credits;tted, which has resulted in the child (5) A copy of any individualized education program developed for the child;
(5) A copy of any individualized education program developed for the child;
(6) A copy of any plan developed in accordance with section of the Rehabilitation Act of 1973, 29 U.S.C.
(6) A copy of any plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C.
- *AB426_R1* – 13 – (10) A statement of the number of times the child has been absent from school during the current or most recent school year for which the child was enrolled in school;
(10) A statement of the number of times the child has been absent from school during the current or most recent school year for which the child was enrolled in school;
(12) Any information provided by the educational decision maker appointed for the child pursuant to NRS 432B.462;
(12) Any information provided by the educational decision maker a(13) Whether a request that the child receive special education services has been made and, if so, the outcome of such a request.
and (13) Whether a request that the child receive special education services has been made and, if so, the outcome of such a request.
After a plan for visitation between a child and the siblings of the child submitted pursuant to subparagraph (4) of paragraph (b) of subsection 2 has been approved by the court, the agency which provides child welfare services must request the court to issue an order requiring the visitation set forth in the plan for visitation.
After a plan for visitation between a child and the siblings of the child submitted pursuant to subparagraph (4) of paragraph (b) of subsection 2 has been approved by the court, the agency which order requiring the visitation set forth in the plan for visitation.
The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing.
The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion - 81st Session (2021) – 14 – the court or panel may make its determination from any report,granted, statement or other information submitted to it.
If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.
Except as otherwise provided in subsection 7 and subsection 5 of NRS 432B.520, notice of the hearing must be filed with the court and must be given by [registered or certified] first-class mail or any other means agreed upon in writing between the agency which provides child welfare services and the recipient of the notice to:
Except as otherwise provided in subsection 7 and subsection of NRS 432B.520, notice of the hearing must be filed with the court and must be given by [registered or certified] first-class mail or any other means agreed upon in writing between the agency which provides child welfare services and the recipient of the notice to:
- *AB426_R1* – 14 – (c) A sibling of the child, if known, who has been granted a right to visitation of the child pursuant to this section or NRS 127.171 and his or her attorney, if any;
(c) A sibling of the child, if known, who has been granted a right to visitation of the child pursuant to this section or NRS 127.171 and his or her attorney, if any;
and (e) The educational decision maker appointed for the child pursuant to NRS 432B.462.
and (e) The educational decision maker appointed for the child pur7.
7.
9.
report provided in subsection 2 and any other relevant evidence, determine based on a preponderance of the evidence:
The court or panel shall [review:] , after considering the report provided in subsection 2 and any other relevant evidence, determine based on a preponderance of the evidence:
(d) The date the child may be returned to, and safely maintained in, the home or placed for adoption or under a legal guardianship;
- 81st Session (2021) – 15 – in, the home or placed for adoption or under a legal guardianship;d and (e) [The information described in paragraph (c) of subsection 2 to determine whether] Whether the child is making adequate academic progress and receiving the educational services or supports necessary to ensure the academic success of the child.
and (e) [The information described in paragraph (c) of subsection 2 to determine whether] Whether the child is making adequate academic progress and receiving the educational services or supports necessary to ensure the academic success of the child.
- *AB426_R1* – 15 – Sec.
Sec.
Except as otherwise provided in subsection 2 and NRS 432B.513, the court shall hold a hearing concerning the permanent placement of a child:
Except as otherwise provided in subsection 2 and NRS 432B.513, the court shall hold a hearing concerning the per(a) Not later than 12 months after the initial removal of the child from the home of the child and annually thereafter.
(a) Not later than 12 months after the initial removal of the child from the home of the child and annually thereafter.
The court may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 1 a right to be heard at the hearing.
The court may require the presence of the child at the hearing and shall provide to each person to whom notice was given pur4.antAt the hearing, the court shall review the report submitted by the agency which provides child welfare services pursuant to subsection 2 of NRS 432B.580, any plan for the permanent placement of the child adopted pursuant to NRS 432B.553 and any other relevant evidence and, if the goal of the plan is a permanent living arrangement other than reunification with his or her parents, placement for adoption, placement with a legal guardian or placement with a relative, ask the child about his or her desired - 81st Session (2021) – 16 – determine [:] , based on a preponderance of the evidence:ust (a) Whether the agency with legal custody of the child has made the reasonable efforts required by subsection 1 of NRS 432B.553;
4.
At the hearing, the court shall review the report submitted by the agency which provides child welfare services pursuant to subsection 2 of NRS 432B.580, any plan for the permanent placement of the child adopted pursuant to NRS 432B.553 and any other relevant evidence and, if the goal of the plan is a permanent living arrangement other than reunification with his or her parents, placement for adoption, placement with a legal guardian or placement with a relative, ask the child about his or her desired permanent living arrangement.
After doing so, the court must determine [:] , based on a preponderance of the evidence:
(a) Whether the agency with legal custody of the child has made the reasonable efforts required by subsection 1 of NRS 432B.553;
or (3) The agency with legal custody of the child has produced documentation of its conclusion that there is a compelling reason for - *AB426_R1* – 16 – the placement of a child who has attained the age of 16 years in another permanent living arrangement;
or (3) The agency with legal custody of the child has produced documentation of its conclusion that there is a compelling reason for another permanent living arrangement;ined the age of 16 years in (c) If the child will not be returned to the parents of the child, whether the agency with legal custody of the child fully considered placement options both within and outside of this State;
(c) If the child will not be returned to the parents of the child, whether the agency with legal custody of the child fully considered placement options both within and outside of this State;
If the court determines that it is not in the best interests of the child to be returned to his or her parents, or to be placed for adoption, with a legal guardian or with a relative, the court must include compelling reasons for this determination and an explanation of those reasons in its statement of the facts.
If the court determines that it is not in the best interests of the child to be returned to his or her parents, or to be placed for adoption, with a legal guardian or with a relative, the court must explanation of those reasons in its statement of the facts.
7.
- 81st Session (2021) – 17 – the court to review any decisions of the agency with legal custody of the child regarding the permanent placement of the child.
The provisions of this section do not limit the jurisdiction of the court to review any decisions of the agency with legal custody of the child regarding the permanent placement of the child.
H - *AB426_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 376.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment Nos. 494 and 511 concurred in. To enrollment.

  4. From printer. To re-engrossment. Re-engrossed. Second reprint. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly. In Assembly.

  5. Read third time. Amended. (Amend. No. 511.) To printer.

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

  7. From printer. To engrossment. Engrossed. First reprint.

  8. Read second time. Amended. (Amend. No. 494.) To printer.

  9. From committee: Amend, and do pass as amended.

  10. In Senate. Read first time. Referred to Committee on Health and Human Services. To committee.

  11. Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate.

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

  13. Read second time.

  14. From committee: Do pass.

  15. From printer. To committee.

  16. Read first time. Referred to Committee on Judiciary. Action reconsidered. Referred to Committee on Health and Human Services. 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.

Show all 66 →

"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

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 426?
AB 426 is sponsored by Assembly Committee on Judiciary.
What is the current status of AB 426?
This bill has been enacted into law. Introduced March 26, 2021. Enacted.
Where can I track AB 426?
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