(NRSny(1) 432B.457)ensure Sectionthat 6the person is involved in and notified of thisany billplan clarifiesfor thatthe suchtemporary aor finding:permanent placement of the child and is allowed to offer recommendations regarding the plan;

and (2) allow the person to testify at any hearing to determine any temporary or permanent placement of the child.

(NRS 432B.457) Section 6 of this bill clarifies that such a finding:

and (2) may be reviewed [and] or modified by the court or special master at any time.

- 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 permanent12 placement of this bill revise the child.provisions relating to the notice given to a parent or other person responsible for 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.

(1) a representative of an agency which provides districtchild attorney.welfare services;

(NRS(2) 432B.510)a Sectionlaw 8enforcement ofofficer thisor billprobation authorizesofficer; the Attorney3) the General to sign such a petition.

Sectionor 9(3) of this bill makes a conforming change to reflect the changedistrict inattorney. section 8 authorizing the Attorney General to sign such a petition.

Existing(NRS law432B.510) authorizesSection the8 court to dispose of athis casebill if the court finds by a preponderance of the evidence that the child was in need of protection at the time of authorizes the courtAttorney General to disposesign ofsuch a casepetition. 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.

EXPLANATIONSection –9 Matterof this bill makes a conforming change to reflect the change in boldedsection italics8 isauthorizing new;the Attorney GeneExisting 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.

matter(NRS between432B.530) bracketsSection [omitted10 material]of isthis materialbill authorizes the court to bedispose omitted.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.

- 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;

anditsand 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 agentSenate orAmendment officerNo. 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.

494 to Assembly Bill No.

426 Page 5 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 warrant.order.

If a warrant issued pursuant to this section is executed, a provisionshearing ofon NRSprotective 432B.470custody andmust 432B.480.ldbe held in accordance with the 8.provisions of NRS 432B.470 and 432B.480.

8.

- 81st Session (2021) – 4 – (b) The child has suffered a fatality;

of3. 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)Senate CorporalAmendment punishmentNo. so administered was not so NRS 432B.150.to constitute abuse or neglect as described in 4.

494 to Assembly Bill No.

426 Page 6 (2) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150.

4.

- 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.

(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;

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 localagency, departmentan ofofficer juvenile services, or a designee of anthe agencythelocal whichjuvenile providesprobation childdepartment welfareor servicesthe [:]local maydepartment placeof ajuvenile childservices, inSenate protectiveAmendment custody:No.

(a)494 [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 theAssembly childBill beingNo. placed in protective custody;

(b)426 IfPage the7 agent, officer or a designee hasof reasonablean causeagency towhich believeprovides thatchild immediatewelfare actionservices is[:] necessarymay toplace protecta the child fromin injury,protective abusecustody: or neglect ;

[.(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) ShallIf placethe aagent, childofficer inor protectivedesignee custodyhas upon]reasonable (c)cause Uponto thebelieve issuancethat ofimmediate aaction warrantis necessary to placeprotect athe child infrom protectiveinjury, custodyabuse pursuantor toneglect. section 1 of this act;

or[(b) (d)Shall Uponplace the death of a parentchild ofin theprotective child,custody [withoutupon] the(c) consentUpon of the personissuance responsible for the welfare of thea child,]warrant ifto theplace agent,a officerchild orin designeeprotective hascustody reasonablepursuant cause to believesection that1 the death of thethis parentact. 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.

(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.

parent3. 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 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.

If a person who is responsible for the child is notthenot 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 incarcerationmust ornot residentialbe careplaced ofin persons convicted of a crimejail or childrenSenate chargedAmendment withNo. delinquent acts.

494 to Assembly Bill No.

426 Page 8 other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.

- 81st Session (2021) – 8 – 10.

jurisdiction432B.410 of1. 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.

reviewed or modified at any time 3.

or - 81st Session (2021) – 9 – (2) Possesses information that is relevant to the determination of the placement of the child.

Sec.Senate Amendment No.

494 to Assembly Bill No.

426 Page 9 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 thatathat 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.

right to notice of the 3.

- 81st Session (2021) – 10 – Sec.

(a) A representative of an agency which provides child welfare ser(b)services; A law enforcement officer or probation officer;

(b) A law enforcement officer or probation officer;

(c)Senate TheAmendment namesNo. and addresses of the residences of the child’s parents and any other person responsible for the child’s welfare, and spouse if any.

If494 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 theAssembly court.Bill No.

426 Page 10 (c) The names and addresses of the residences of the child’s parents and any other person responsible for the child’s welfare, and spouse if any.

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.

- 81st Session (2021) – 11 – Sec.

(a) A petition signed by the district attorney or the Attorney Gen(b)General A report prepared pursuant to NRS 432B.540.432B.510;

or (b) A report prepared pursuant to NRS 432B.540.

child5. 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.

Except11. as otherwise provided in this section and NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually, and within 90 days after a request by a party to any of the prior proceedings.

NRS 432B.580 is hereby amended to read as follows:

432B.580 1.

Except as otherwise provided in this section and NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually, and within 90 Senate Amendment No.

494 to Assembly Bill No.

426 Page 11 days after a request by a party to any of the prior proceedings.

(b) Information concerning the placement of the child in relation to the (1)child’s Whethersiblings, theincluding, childwithout waslimitation: placed together with the siblings;

(1) Whether the child was placed together with the siblings;

(c) (1)Information Aconcerning copy of any academic plan or individual graduation plan developed for the childchild’s pursuanteducation, toincluding: 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 81stthe Sessiontime (2021)the –report 13is –submitted, having a deficiency in credits;tted, which has resulted in the child (5)having Aa copydeficiency ofin anycredits; individualized education program developed for the child;

(6)(5) A copy of any planindividualized developededucation inprogram accordancedeveloped withfor section of the Rehabilitationchild; 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.

(12) Any information provided by the educational decision maker a(13)appointed Whetherfor a request that the child receivepursuant specialto educationNRS services432B.462; has been made and, if so, the outcome of such a request.

(d)and A(13) copyWhether ofa anyrequest explanations regarding medication that hasthe beenchild prescribedreceive forspecial theeducation childservices thathas have been submittedmade byand, aif fosterso, homethe pursuantoutcome toof NRSsuch 424.0383.a request.

Senate Amendment No.

494 to Assembly Bill No.

426 Page 12 (d) A copy of any explanations regarding medication that has been prescribed for the child that have been submitted by a foster home pursuant to NRS 424.0383.

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.

The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion -with 81st Session (2021) – 14 – the court orto paneldispense maywith makethe itshearing. 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:

and (e) The educational decision maker appointed for the child pur7.pursuant to NRS 432B.462.

7.

report9. 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:

(c)Senate AnyAmendment progressNo. which has been made in alleviating the problem which resulted in the placement of the child;

-494 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 determineAssembly whether]Bill WhetherNo. the child is making adequate academic progress and receiving the educational services or supports necessary to ensure the academic success of the child.

426 Page 13 (c) Any progress which has been made in alleviating the problem which resulted in the placement of the child;

(d) The date the child may be returned to, and safely maintained in, the home or placed for adoption or under a legal guardianship;

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.

Except as otherwise provided in subsection 2 and NRS 432B.513, the court shall hold a hearing concerning the per(a)permanent Notplacement later than 12 months after the initial removal of thea childchild: 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 pur4.antAt the hearing, the court shall review the report submitted by the agency which provides child welfare services pursuant to subsection 21 ofa NRSright 432B.580, any plan for the permanent placement of the child adopted pursuant to NRSbe 432B.553heard andat any other relevant evidence and, if the goalhearing. 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)Senate TheAmendment agencyNo. 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;

494 to Assembly Bill No.

426 Page 14 (3) The agency with legal custody of the child has produced documentation of its conclusion that there is a compelling reason for the placement of a child who has attained the age of 16 years in another permanent living arrangement;

(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.

-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.

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