SB 8 — Revises provisions governing guardianship of minors. (BDR 13-390)

(ReprintedSenate withBill amendmentsNo. adopted on April 16, 2021) FIRST REPRINT S.B.

88–Committee SENATEon BILLJudiciary NOCHAPTER.......... .

8–COMMITTEE ON JUDICIARY (ON BEHALF OF THE N EVADA SUPREME C OURT ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing guardianship of minors.

(BDR 13-390) 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.

Section 2 of this bill authorizes a guardian appointed in this State to petition a court to transfer the jurisdiction of the guardianship to another state and requires the court to issue an order provisionally granting the petition if the court makes certain transferfindings. and terminating the guardianship upon a petition for termination and the filing of a provisional order accepting the proceeding from the court to which the proceeding is to be transferred.

Section 32 ofalso this bill requires athe guardiancourt orto otherissue interesteda partyfinal whoorder wishesconfirming tothe transfer jurisdictionand ofterminating athe guardianship fromupon anothera statepetition tofor thistermination Stateand tothe petitionfiling of a courtprovisional oforder thisaccepting Statethe toproceeding acceptfrom guardianshipthe andcourt requiresto thatwhich suchthe aSection petition3 containof orderthis grantingbill suchrequires a petitionguardian afteror aother hearinginterested isparty heldwho andwishes to issuetransfer ajurisdiction finalof orderla granting guardianship uponfrom theanother filingstate ofto athis finalState orderto issuedpetition bya thecourt otherof statethis thatState -to *SB8_R1*accept –guardianship 2and –requires terminates the proceedings in that statesuch anda transferspetition thecontain proceedingscertain toinformation. this State.

Section 3 additionallygenerally requires the court to determineissue whethera theprovisional guardianshiporder needsgranting tosuch bea modifiedpetition toafter conforma hearing is held and to issue a final order granting guardianship upon the lawsfiling of thisa Statefinal and,order ifissued so,by tothe orderother anystate suchthat modifications.terminates the proceedings in that state and transfers the proceedings to this State.

guardianSection is3 notadditionally pendingrequires inthe thiscourt Stateto anddetermine awhether guardianthe hasguardianship beenneeds appointedto inbe anotheramodified state,to conform to the guardianlaws isof authorizedthis toState petitionand, theif courtso, to registerorder theany guardianshipsuchSection order4 inof this State;bill provides that:

(1) if a petition for the appointment of a guardian is not pending in this State and a guardian has been appointed in another state, the guardian is authorized to petition the court to register the guardianship order in this State;

Section 5 of this bill authorizes the guardian, after the registration of such a guardianship, to exercise all powers authorized in the order of appointment except as otherwise enforceprohibited suchby alaw. registered guardianship but prohibits the court from modifying such a registered guardianship.

Section 5 also requires a court of this State to recognize and enforce such a registered guardianship but prohibits the court from modifying such a reSection 6 of this bill revises the definition of “home state” for the purposes of determining the home state of a child who is less than 6 months of age.

(1) a guardian of the person or guardian of the person and estate for a minor whose home state is not this State under certain thecircumstances person,if guardian of the estate, or guardian of the person and estate for a minor ifis thephysically courtpresent hasin jurisdictionNevada; to make an initial child custody determination under the Uniform Child Custody Jurisdiction and Enforcement Act.

(Chapterand 125A(2) a guardian of NRS)the THEperson, PEOPLEguardian OFof THEthe STATEestate, OFor NEVADA,guardian REPRESENTEDof INthe SENATEperson ANDand ASSEMBLY,estate DOfor ENACTa ASminor FOLLOWS:if - 81st Session (2021) – 2 – Uniform Child Custody Jurisdiction and Enforcement Act.

Section(Chapter 1.125A of NRS)er the EXPLANATION – Matter in bolded italics is new;

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

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

and (c) The plans for care and services for the protected minor in thethe3.theThe othercourt stateshall areissue ina final order confirming the besttransfer interestsand terminating the guardianship upon a petition for termination pursuant to NRS 159A.1905 or 159A.191 and filing of a provisional order accepting the protectedproceeding minor.from the court to which the proceeding is to be transferred.

3.

The court shall issue a final order confirming the transfer and terminating the guardianship upon a petition for termination - *SB8_R1* – 3 – pursuant to NRS 159A.1905 or 159A.191 and filing of a provisional order accepting the proceeding from the court to which the proceeding is to be transferred.

- 81st Session (2021) – 3 – (c) A copy of one of the forms of identification of the protected minor set forth in paragraph (c) of subsection 2 of NRS 159A.044;

and (d) A copy of one of the forms of identification of the guardian setset2.ortUpon forththe infiling paragraphof (h)a ofpetition, subsectionthe 2clerk of the court shall issue a citation setting forth a time and place for a hearing in accordance with NRS 159A.044.159A.047.

2.

Upon the filing of a petition, the clerk of the court shall issue a citation setting forth a time and place for a hearing in accordance with NRS 159A.047.

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register and the reason for registration, may petition the court to register the guardianship order in this State by filing as a foreign judgment in a court, in any appropriate county of this State:

- *SB8_R1* – 4 – (b) A copy of one of the forms of identification of the protected minor set forth in paragraph (c) of subsection 2 of NRS 159A.044;

- 81st Session (2021) – 4 – Sec.

The state in which the proposed protected minor [was physically present] lived with a parent or a person acting as a parent for at least 6 consecutive months, including any temporary absence from the state, immediately before the filing of a petition for the appointment of a guardian.

- *SB8_R1* – 5 – Sec.

H~~~~~ 21 - *SB8_R1*81st Session (2021)