AB 148 — Revises provisions relating to child welfare. (BDR 4-671)

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disturbance who is in the custody of an agency which provides child welfare services from a facility;

Sections 42 and 59 of this bill require a facility to which a child who is in the custody of an agency which provides child welfare services is admitted under an involuntary court-ordered admission or a continued emergency admission toderto an develop a written plan for the continued care or treatment of the child upon discharge from the facility.

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-matter *AB148_R1*between –brackets 4[omitted –material] THEis PEOPLEmaterial OFto THEbe STATEomitted. OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

SectionTHE 1.SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Sections 1-19.

NRS 125B.200 is hereby amended to read as follows:

125B.200 As used in NRS 125B.200 to 125B.300, inclusive, unless the context otherwise requires:

1.

“Court” includes a referee or [master] magistrate appointed by the court.

2.

“Minor child” means a person who is:

(a) Under the age of 18 years;

(b) Under the age of 19 years, if the person is enrolled in high school;

(c) Under a legal disability;

or (d) Not declared emancipated pursuant to NRS 129.080 to 129.140, inclusive.

3.

“Obligor-parent” means a parent who has been ordered by a court to pay for the support of a minor child.

Sec.

2.

NRS 125C.0035 is hereby amended to read as follows:

125C.0035 1.

In any action for determining physical custody of a minor child, the sole consideration of the court is the best interest of the child.

If it appears to the court that joint physical custody would be in the best interest of the child, the court may grant physical custody to the parties jointly.

2.

Preference must not be given to either parent for the sole reason that the parent is the mother or the father of the child.

3.

The court shall award physical custody in the following order of preference unless in a particular case the best interest of the child requires otherwise:

(a) To both parents jointly pursuant to NRS 125C.0025 or to either parent pursuant to NRS 125C.003.

If the court does not enter parent has applied for joint physical custody, the court shall state in its decision the reason for its denial of the parent’s application.

(b) To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment.

(c) To any person related within the fifth degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State.

(d) To any other person or persons whom the court finds suitable and able to provide proper care and guidance for the child.

- *AB148_R1* – 5 – 4.

In determining the best interest of the child, the court shall consider and set forth its specific findings concerning, among other things:

(a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her physical custody.

(b) Any nomination of a guardian for the child by a parent.

(c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.

(d) The level of conflict between the parents.

(e) The ability of the parents to cooperate to meet the needs of the child.

(f) The mental and physical health of the parents.

(g) The physical, developmental and emotional needs of the child.

(h) The nature of the relationship of the child with each parent.

(i) The ability of the child to maintain a relationship with any sibling.

(j) Any history of parental abuse or neglect of the child or a sibling of the child.

(k) Whether either parent or any other person seeking physical custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.

(l) Whether either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child.

5.

Except as otherwise provided in subsection 6 or NRS 125C.210, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking physical custody has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that sole or joint physical custody of the child by the perpetrator of the domestic violence is not in the best interest of the child.

Upon making such a determination, the court shall set forth:

(a) Findings of fact that support the determination that one or more acts of domestic violence occurred;

and (b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.

6.

If after an evidentiary hearing held pursuant to subsection 5 the court determines that each party has engaged in acts of domestic violence, it shall, if possible, then determine which person was the - *AB148_R1* – 6 – primary physical aggressor.

In determining which party was the primary physical aggressor for the purposes of this section, the court shall consider:

(a) All prior acts of domestic violence involving either party;

(b) The relative severity of the injuries, if any, inflicted upon the persons involved in those prior acts of domestic violence;

(c) The likelihood of future injury;

(d) Whether, during the prior acts, one of the parties acted in self-defense;

and (e) Any other factors which the court deems relevant to the determination.

 In such a case, if it is not possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 5 applies to both parties.

If it is possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 5 applies only to the party determined by the court to be the primary physical aggressor.

7.

A determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child creates a rebuttable presumption that sole or joint physical custody or unsupervised visitation of the child by the perpetrator of the abduction is not in the best interest of the child.

If the parent or other person seeking physical custody does not rebut the presumption, the court shall not enter an order for sole or joint physical custody or unsupervised visitation of the child by the perpetrator and the court shall set forth:

(a) Findings of fact that support the determination that one or more acts of abduction occurred;

and (b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other person from whom the child was abducted.

8.

For the purposes of subsection 7, any of the following acts constitute conclusive evidence that an act of abduction occurred:

(a) A conviction of the defendant of any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct;

(b) A plea of guilty or nolo contendere by the defendant to any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct;

or (c) An admission by the defendant to the court of the facts contained in the charging document alleging a violation of - *AB148_R1* – 7 – NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

9.

If, after a court enters a final order concerning physical custody of the child, a magistrate determines there is probable cause to believe that an act of abduction has been committed against the child or any other child and that a person who has been awarded sole or joint physical custody or unsupervised visitation of the child has committed the act, the court shall, upon a motion to modify the order concerning physical custody, reconsider the previous order concerning physical custody pursuant to subsections 7 and 8.

10.

As used in this section:

(a) “Abduction” means the commission of an act described in NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

(b) “Domestic violence” means the commission of any act described in NRS 33.018.

(c) “Magistrate” has the meaning ascribed to it in NRS 169.095.

Sec.

3.

NRS 125C.240 is hereby amended to read as follows:

125C.240 1.

A determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has committed any act of abduction against the child or any other child creates a rebuttable presumption that sole or joint custody or unsupervised visitation of the child by the perpetrator of the abduction is not in the best interest of the child.

If the parent or other person seeking custody does not rebut the presumption, the court shall not enter an order for sole or joint custody or unsupervised visitation of the child by the perpetrator and the court shall set forth:

(a) Findings of fact that support the determination that one or more acts of abduction occurred;

and (b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other person from whom the child was abducted.

2.

For purposes of subsection 1, any of the following acts constitute conclusive evidence that an act of abduction occurred:

(a) A conviction of the defendant of any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct;

(b) A plea of guilty or nolo contendere by the defendant to any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct;

or (c) An admission by the defendant to the court of the facts contained in the charging document alleging a violation of - *AB148_R1* – 8 – NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

3.

If, after a court enters a final order concerning custody of the child, a magistrate determines there is probable cause to believe that an act of abduction has been committed against the child or any other child and that a person who has been awarded sole or joint custody or unsupervised visitation of the child has committed the act, the court shall, upon a motion to modify the order concerning custody, reconsider the previous order concerning custody pursuant to subsections 1 and 2.

4.

As used in this section [, “abduction”] :

(a) “Abduction” means the commission of an act described in NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

(b) “Magistrate” has the meaning ascribed to it in NRS 169.095.

Sec.

4.

NRS 126.111 is hereby amended to read as follows:

126.111 1.

The court shall endeavor to resolve the issues raised in an action pursuant to this chapter by an informal hearing.

2.

As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, an informal hearing must be held.

The court may order that the hearing be held before a [master] magistrate appointed by the court or referee.

The public shall be barred from the hearing.

A record of the proceeding or any portion thereof must be kept if any party requests or the court orders.

Strict rules of evidence need not be observed, but those prescribed in NRS 233B.123 apply.

3.

Upon refusal of any witness, including a party, to testify under oath or produce evidence, the court may order the witness to testify under oath and produce evidence concerning all relevant facts.

If the refusal is upon the ground that the witness’s testimony or evidence might tend to incriminate the witness, the court may grant the witness immunity from prosecution for all criminal offenses shown in whole or in part by testimony or evidence the witness is required to produce, except for perjury committed in his or her testimony.

The refusal of a witness who has been granted immunity to obey an order to testify or produce evidence is a civil contempt of the court.

4.

Testimony of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth is not privileged.

Sec.

5.

NRS 126.121 is hereby amended to read as follows:

126.121 1.

The court may, and shall upon the motion of a party, order the mother, child, alleged father or any other person so - *AB148_R1* – 9 – involved to submit to one or more tests for the typing of blood or taking of specimens for genetic identification to be made by a designated person, by qualified physicians or by other qualified persons, under such restrictions and directions as the court or judge deems proper.

Whenever such a test is ordered and made, the results of the test must be received in evidence and must be made available to a judge, [master] magistrate appointed by the court or referee conducting a hearing pursuant to NRS 126.111.

The results of the test and any sample or specimen taken may be used only for the purposes specified in this chapter.

Unless a party files a written objection to the result of a test at least 30 days before the hearing at which the result is to be received in evidence, the result is admissible as evidence of paternity without foundational testimony or other proof of authenticity or accuracy.

The order for such a test also may direct that the testimony of the experts and of the persons so examined may be taken by deposition or written interrogatories.

2.

If any party refuses to submit to or fails to appear for a test ordered pursuant to subsection 1, the court may presume that the result of the test would be adverse to the interests of that party or may enforce its order if the rights of others and the interests of justice so require.

3.

The court, upon reasonable request by a party, shall order that independent tests for determining paternity be performed by other experts or qualified laboratories.

4.

In all cases, the court shall determine the number and qualifications of the experts and laboratories.

5.

As used in this section:

(a) “Designated person” means a person who is:

(1) Properly trained to take samples or specimens for tests for the typing of blood and genetic identification;

and (2) Designated by an enforcing authority to take such samples or specimens.

(b) “Enforcing authority” means the Division of Welfare and Supportive Services of the Department of Health and Human Services, its designated representative, a district attorney or the Attorney General when acting pursuant to NRS 425.380.

Sec.

6.

NRS 126.141 is hereby amended to read as follows:

126.141 1.

On the basis of the information produced at the pretrial hearing, the judge, [master] magistrate appointed by the court or referee conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child.

On the basis of the evaluation, an appropriate recommendation for settlement - *AB148_R1* – 10 – must be made to the parties, which may include any of the following:

(a) That the action be dismissed with or without prejudice.

(b) That the matter be compromised by an agreement among the alleged father, the mother and the child, in which the father and child relationship is not determined but in which a defined economic obligation, fully secured by payment or otherwise, is undertaken by the alleged father in favor of the child and, if appropriate, in favor of the mother, subject to approval by the judge, [master] magistrate appointed by the court or referee conducting the hearing.

In reviewing the obligation undertaken by the alleged father in a compromise agreement, the judge, [master] magistrate appointed by the court or referee conducting the hearing shall consider the best interest of the child, discounted by the improbability, as it appears to him or her, of establishing the alleged father’s paternity or nonpaternity of the child in a trial of the action.

In the best interest of the child, the court may order that the alleged father’s identity be kept confidential.

In that case, the court may designate a person or agency to receive from the alleged father and disburse on behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed on the alleged father.

(c) That the alleged father voluntarily acknowledge his paternity of the child.

2.

If the parties accept a recommendation made in accordance with subsection 1, judgment may be entered accordingly.

3.

If a party refuses to accept a recommendation made under subsection 1 and blood tests or tests for genetic identification have not been taken, the court shall require the parties to submit to blood tests or tests for genetic identification, if practicable.

Thereafter the judge, [master] magistrate appointed by the court or referee shall make an appropriate final recommendation.

If a party refuses to accept the final recommendation, the action must be set for trial.

4.

The guardian ad litem may accept or refuse to accept a recommendation under this section.

5.

The pretrial hearing may be terminated and the action set for trial if the judge, [master] magistrate appointed by the court or referee conducting the hearing finds unlikely that all parties would accept a recommendation he or she might make under subsection 1 or 3.

Sec.

7.

NRS 126.143 is hereby amended to read as follows:

126.143 After an action is set for trial pursuant to NRS 126.141, the judge, [master] magistrate appointed by the court or referee shall, upon the motion of a party, issue an order providing for the temporary support of the child pending the resolution of the trial if the judge, [master] magistrate appointed by the court or - *AB148_R1* – 11 – referee determines that there is clear and convincing evidence that the party against whom the order is issued is the father of the child.

Sec.

8.

9.

(Deleted by amendment.) Sec.

10.

(Deleted by amendment.) Sec.

11.

(Deleted by amendment.) Sec.

12.

NRS 129.080 is hereby amended to read as follows:

129.080 Any minor who is at least 16 years of age, who is married or living apart from his or her parents or legal guardian, and who is a resident of the county, may petition the juvenile court of that county for a decree of emancipation.

The district court may refer the petition to a [master] juvenile magistrate appointed pursuant to title 5 of NRS or chapter 432B of NRS.

Sec.

13.

NRS 130.102 is hereby amended to read as follows:

130.102 1.

The district court and, within the limitations of authority granted pursuant to NRS 3.405, 125.005 or 425.381 to 425.3852, inclusive, a [master] child support magistrate or referee appointed pursuant to any of those sections, are the tribunals of this State.

2.

The support enforcement agency of this State may include, without limitation, a court, a district attorney, a law enforcement agency or the Division of Welfare and Supportive Services of the Department of Health and Human Services.

Sec.

14.

NRS 3.025 is hereby amended to read as follows:

3.025 1.

In each judicial district that includes a county whose population is 100,000 or more, the district judges of that judicial district shall choose from among those district judges a Chief Judge who is to be the presiding judge of the judicial district.

2.

The Chief Judge shall:

(a) Assign cases to each judge in the judicial district;

(b) Prescribe the hours of court;

(c) Adopt such other rules or regulations as are necessary for the orderly conduct of court business;

and (d) Perform all other duties of the Chief Judge or of a presiding judge that are set forth in this chapter and any other provision of NRS.

3.

If a case involves a matter within the jurisdiction of the family court and:

(a) The parties to the case are also the parties in any other pending case or were the parties in any other previously decided case assigned to a department of the family court in the judicial district;

or (b) A child involved in the case is also involved in any other pending case or was involved in any other previously decided case assigned to a department of the family court in the judicial district, - *AB148_R1* – 12 – other than a case within the jurisdiction of the juvenile court pursuant to title 5 of NRS,  the Chief Judge shall assign the case to the department of the family court to which the other case is presently assigned or, if the other case has been decided, to the department of the family court that decided the other case, unless a different assignment is required by another provision of NRS, a court rule or the Revised Nevada Code of Judicial Conduct or the Chief Judge determines that a different assignment is necessary because of considerations related to the management of the caseload of the district judges within the judicial district.

If a case described in this subsection is heard initially by a [master,] magistrate appointed by the court, the recommendation, report or order of the [master] magistrate must be submitted to the district judge of the department of the family court to which the case has been assigned pursuant to this subsection for consideration and decision by that district judge.

Sec.

15.

NRS 3.026 is hereby amended to read as follows:

3.026 1.

In each judicial district that includes a county whose population is 100,000 or more, in addition to the other duties set forth in NRS 3.025:

(a) The Chief Judge shall ensure that:

(1) The procedures which govern the consideration and disposition of cases and other proceedings within the jurisdiction of the district court are applied as uniformly as practicable;

and (2) Cases and other proceedings within the jurisdiction of the district court are considered and decided in a timely manner.

(b) Except as otherwise provided in subsection 2, the Chief Judge shall establish procedures for addressing grievances that are:

(1) Submitted to the Chief Judge by a party in a case or other proceeding within the jurisdiction of the district court;

and (2) Directly related to the administration of the case or other proceeding.

2.

For the purposes of paragraph (b) of subsection 1, a party in a case or other proceeding within the jurisdiction of the district court may not submit to the Chief Judge a grievance that:

(a) Addresses, in whole or in part, the merits of the case or other proceeding;

or (b) Challenges, in whole or in part, the merits of any decision or ruling in the case or other proceeding that is made by:

(1) The district court;

or (2) A [master] magistrate appointed by the court or other person who is acting pursuant to an order of the district court or pursuant to any authority that is granted to the [master] magistrate or other person by a specific statute, including, without limitation, NRS 3.405, 3.475 and 3.500.

- *AB148_R1* – 13 – Sec.

16.

NRS 3.2201 is hereby amended to read as follows:

3.2201 1.

The district court has exclusive jurisdiction to accept an application for, to consider an application for, and to issue or deny the issuance of any of the following orders when the adverse party against whom the order is sought is a child who is under 18 years of age:

(a) A temporary or extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive.

(b) A temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.

(c) An emergency or extended order for protection against high- risk behavior pursuant to NRS 33.500 to 33.670, inclusive.

(d) A temporary or extended order for protection against sexual assault pursuant to NRS 200.378.

(e) A temporary or extended order for protection against stalking, aggravated stalking or harassment pursuant to NRS 200.591.

2.

The district court shall appoint counsel for a child who is the adverse party against whom an order listed in subsection 1 is sought upon:

(a) The issuance of any emergency or temporary order listed in subsection 1;

or (b) Notice of an adversarial hearing on an application for an order listed in subsection 1.

3.

If the district court issues an order listed in subsection 1, the order must be served upon:

(a) The child who is the adverse party;

and (b) The parent or guardian of the child.

4.

The juvenile court has exclusive jurisdiction over any action in which it is alleged that a child who is the adverse party in an order listed in subsection 1 has committed a delinquent act by violating a condition set forth in the order.

5.

If the district court issues an order listed in subsection 1 and the adverse party reaches the age of 18 years while the order is still in effect, the order remains effective against the adverse party until the order expires or is dissolved by the district court.

6.

The district court shall automatically seal all records related to the application for, consideration of and issuance of an order listed in subsection 1 as provided in NRS 62H.140 upon the dissolution or expiration of the order or when the adverse party reaches the age of 18 years, whichever is earlier, unless, at such a time, the order is still in effect, in which case the records must be automatically sealed by the district court upon the expiration or dissolution of the order.

- *AB148_R1* – 14 – 7.

A district court may appoint a [master] magistrate to conduct the proceedings described in this section.

Sec.

17.

NRS 3.405 is hereby amended to read as follows:

3.405 1.

In an action to establish paternity, the court may appoint a [master] magistrate, who may be the juvenile magistrate appointed pursuant to NRS 62B.020, the child support magistrate appointed pursuant to NRS 425.381 or another magistrate appointed as authorized by law, to take testimony and recommend orders.

2.

The court may appoint a [master] child support magistrate, as provided by NRS 425.381, to hear all cases in a county to establish or enforce an obligation for the support of a child, or to modify or adjust an order for the support of a child pursuant to NRS 125B.145.

3.

The [master] child support magistrate must be an attorney licensed to practice in this State.

The [master:] child support magistrate:

(a) Shall take testimony and establish a record;

(b) In complex cases shall issue temporary orders for support pending resolution of the case;

(c) Shall make findings of fact, conclusions of law and recommendations for the establishment and enforcement of an order;

(d) May accept voluntary acknowledgments of paternity or liability for support and stipulated agreements setting the amount of support;

(e) May, subject to confirmation by the district court, enter default orders against a responsible parent who does not respond to a notice or service within the required time;

and (f) Has any other power or duty contained in the order of reference issued by the court.

 If a temporary order for support is issued pursuant to paragraph (b), the [master] child support magistrate shall order that the support be paid to the Division of Welfare and Supportive Services of the Department of Health and Human Services, its designated representative or the district attorney, if the Division of Welfare and Supportive Services or district attorney is involved in the case, or otherwise to an appropriate party to the action, pending resolution of the case.

4.

The findings of fact, conclusions of law and recommendations of the [master] child support magistrate must be furnished to each party or the party’s attorney at the conclusion of the proceeding or as soon thereafter as possible.

Within 10 days after receipt of the findings of fact, conclusions of law and recommendations, either party may file with the court and serve - *AB148_R1* – 15 – upon the other party written objections to the report.

If no objection is filed, the court shall accept the findings of fact, unless clearly erroneous, and the judgment may be entered thereon.

If an objection is filed within the 10-day period, the court shall review the matter upon notice and motion.

Sec.

18.

NRS 3.475 is hereby amended to read as follows:

3.475 1.

In a county whose population is 700,000 or more, the district court shall establish by rule approved by the Supreme Court a program of mandatory mediation in cases that involve the custody or visitation of a child.

2.

The program must:

(a) Require the impartial mediation of the issues of custody and visitation and authorize the impartial mediation of any other nonfinancial issue deemed appropriate by the court.

(b) Authorize the court to exclude a case from the program for good cause shown, including, but not limited to, a showing that:

(1) There is a history of child abuse or domestic violence by one of the parties;

(2) The parties are currently participating in private mediation;

or (3) One of the parties resides outside of the jurisdiction of the court.

(c) Provide standards for the training of the mediators assigned to cases, including, but not limited to:

(1) Minimum educational requirements, which must not be restricted to any particular professional or educational training;

(2) Minimum requirements for training in the procedural aspects of mediation and the interpersonal skills necessary to act as a mediator;

(3) A minimum period of apprenticeship for persons who have not previously acted as domestic mediators;

(4) Minimum requirements for continuing education;

and (5) Procedures to ensure that potential mediators understand the high standard of ethics and confidentiality related to their participation in the program.

(d) Prohibit the mediator from reporting to the court any information about the mediation other than whether the dispute was resolved.

(e) Establish a sliding schedule of fees for participation in the program based on the ability of a party to pay.

(f) Provide for the acceptance of gifts and grants offered in support of the program.

(g) Allow the court to refer the parties to a private mediator.

- *AB148_R1* – 16 – 3.

The costs of the program must be paid from the county general fund.

All fees, gifts and grants collected pursuant to this section must be deposited in the county general fund.

4.

This section does not prohibit a court from referring a financial or other issue to a [special master] magistrate or other person for assistance in resolving the dispute.

Sec.

19.

NRS 3.500 is hereby amended to read as follows:

3.500 1.

In a county whose population is 100,000 or more and less than 700,000, the district court shall establish by rule approved by the Supreme Court a program of mandatory mediation in cases which involve the custody or visitation of a child.

A district court in a county whose population is less than 100,000 may establish such a program in the same manner for use in that county.

The district courts in two or more counties whose populations are less than 100,000 may establish such a program in the same manner for use in the counties in which the courts are located.

2.

The program must:

(a) Require the impartial mediation of the issues of custody and visitation and any other nonfinancial issue deemed appropriate by the court.

(b) Allow the court to exclude a case from the program for good cause shown, including a showing of a history of child abuse or domestic violence by one of the parties, ongoing private mediation or residency of one of the parties out of the jurisdiction of the court.

(c) Provide standards for the training of the mediators assigned to cases pursuant to the rule, including but not limited to:

(1) Minimum educational requirements, which may not be restricted to any particular professional or educational training;

(2) Minimum requirements for training in the procedural aspects of mediation and the interpersonal skills necessary to act as a mediator;

(3) A minimum period of apprenticeship for persons who have not previously acted as domestic mediators;

(4) Minimum requirements for continuing education;

and (5) Procedures to ensure that potential mediators understand the high standard of ethics and confidentiality related to their participation in the program.

(d) Prohibit the mediator from reporting to the court any information about the mediation other than whether the mediation was successful or not.

(e) Establish a sliding schedule of fees for participation in the program based on the client’s ability to pay.

(f) Provide for the acceptance of gifts and grants offered in support of the program.

- *AB148_R1* – 17 – (g) Allow the court to refer the parties to a private mediator for assistance in resolving the issues.

3.

The costs of the program must be paid from the account for dispute resolution in the county general fund.

All fees, gifts and grants collected pursuant to this section must be deposited in the account.

4.

This section does not prohibit a court from referring a financial or other issue to a [special master] magistrate or other person for assistance in resolving the dispute.

Sec.

Except as otherwise provided in subsections 2 and 3 and NRS 49.305:

(d) Proceeding in the juvenile court or family court pursuant to title 5 of NRS or NRS 432B.410 to 432B.590, inclusive [;] , and sections 32 to 35, inclusive, of this act;

orornclusive [;] , and (e) Criminal proceeding in which one spouse is charged with:

Sec.Secs.

21.21-26.

NRS(Deleted 62A.210by isamendment.) hereby- amended82nd toSession read(2023) as– follows:4 – Sec.

62A.210 [“Master of the juvenile court”] “Juvenile magistrate” means a person who is appointed to act as a [master of the] juvenile [court] magistrate of the juvenile court pursuant to NRS 62B.020.

- *AB148_R1* – 18 – Sec.

22.

NRS 62B.020 is hereby amended to read as follows:

62B.020 1.

Except as otherwise provided in this section, the juvenile court or the chief judge of the judicial district may appoint any person to act as a [master of the] juvenile [court] magistrate if the person is qualified by previous experience, training and demonstrated interest in the welfare of children to act as a [master of the] juvenile [court.] magistrate.

2.

A probation officer shall not act as a [master of the] juvenile [court] magistrate unless the proceeding concerns:

(a) A minor traffic offense;

(b) An offense related to tobacco;

or (c) A child who is alleged to be a habitual truant.

3.

If a person is appointed to act as a [master of the] juvenile [court,] magistrate, the person shall attend instruction at the National Council of Juvenile and Family Court Judges in Reno, Nevada, in a course designed for the training of new judges of the juvenile court on the first occasion when such instruction is offered after the person is appointed.

4.

If, for any reason, a [master of the] juvenile [court] magistrate is unable to act, the juvenile court or the chief judge of the judicial district may appoint another qualified person to act temporarily as a [master of the] juvenile [court] magistrate during the period that the [master] juvenile magistrate who is regularly appointed is unable to act.

5.

The compensation of a [master of the] juvenile [court:] magistrate:

(a) May not be taxed against the parties.

(b) Must be paid out of appropriations made for the expenses of the district court, if the compensation is fixed by the juvenile court.

Sec.

23.

NRS 62F.350 is hereby amended to read as follows:

62F.350 1.

The juvenile court may not refer to a juvenile magistrate or master any finding, determination or other act required to be made or performed by the juvenile court pursuant to NRS 62F.320 and 62F.340.

2.

As used in this section, “master” has the meaning ascribed to it in Rule 53 of the Nevada Rules of Civil Procedure.

Sec.

24.

NRS 247.540 is hereby amended to read as follows:

247.540 1.

The following persons may request that the personal information described in subsection 1, 2 or 3 of NRS 247.520 that is contained in the records of a county recorder be kept confidential:

(a) Any justice or judge in this State.

(b) Any senior justice or senior judge in this State.

(c) Any court-appointed master or magistrate in this State.

- *AB148_R1* – 19 – (d) Any clerk of a court, court administrator or court executive officer in this State.

(e) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by such county or city clerk or registrar of voters in the elections division of the county or city.

(f) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:

(1) Crimes that are punishable as category A felonies;

or (2) Domestic violence.

(g) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:

(1) Crimes that are punishable as category A felonies;

or (2) Domestic violence.

(h) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.

(i) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

(1) Interacts with the public;

and (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

(j) Any county manager in this State.

(k) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:

(1) Who possesses specialized training in code enforcement;

(2) Who, as part of his or her normal job responsibilities, interacts with the public;

and (3) Whose primary duties are the performance of tasks related to code enforcement.

(l) The spouse, domestic partner or minor child of a person described in paragraphs (a) to (k), inclusive.

(m) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to (k), inclusive, who was killed in the performance of his or her duties.

(n) Any person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.

2.

Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information - *AB148_R1* – 20 – described in subsection 4 of NRS 247.520 that is contained in the records of a county recorder be kept confidential.

3.

As used in this section:

(a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

(b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

(c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

(d) “Social worker” means any person licensed under chapter 641B of NRS.

Sec.

25.

NRS 250.140 is hereby amended to read as follows:

250.140 1.

The following persons may request that personal information described in subsection 1, 2 or 3 of NRS 250.120 that is contained in the records of a county assessor be kept confidential:

(a) Any justice or judge in this State.

(b) Any senior justice or senior judge in this State.

(c) Any court-appointed master or magistrate in this State.

(d) Any clerk of a court, court administrator or court executive officer in this State.

(e) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by such county or city clerk or registrar of voters in the elections division of the county or city.

(f) Any peace officer or retired peace officer.

(g) Any prosecutor.

(h) Any state or county public defender.

(i) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.

(j) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities interacts with the public and performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

(k) Any county manager in this State.

(l) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer who possesses specialized training in code enforcement, interacts with the public and whose primary duties are the performance of tasks related to code enforcement.

- *AB148_R1* – 21 – (m) The spouse, domestic partner or minor child of a person described in paragraphs (a) to (l), inclusive.

(n) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to (l), inclusive, who was killed in the performance of his or her duties.

(o) Any person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.

2.

Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 250.120 that is contained in the records of a county assessor be kept confidential.

3.

As used in this section:

(a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

(b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

(c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

(d) “Peace officer” means:

(1) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive;

and (2) Any person:

(I) Who resides in this State;

(II) Whose primary duties are to enforce the law;

and (III) Who is employed by a law enforcement agency of the Federal Government, including, without limitation, a ranger for the National Park Service and an agent employed by the Federal Bureau of Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury.

(e) “Prosecutor” has the meaning ascribed to it in NRS 241A.030.

(f) “Social worker” means any person licensed under chapter 641B of NRS.

Sec.

26.

NRS 293.908 is hereby amended to read as follows:

293.908 1.

The following persons may request that personal information contained in the records of the Secretary of State or a county or city clerk be kept confidential:

(a) Any justice or judge in this State.

(b) Any senior justice or senior judge in this State.

(c) Any court-appointed master or magistrate in this State.

(d) Any clerk of a court, court administrator or court executive officer in this State.

- *AB148_R1* – 22 – (e) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:

(1) Crimes that are punishable as category A felonies;

or (2) Domestic violence.

(f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:

(1) Crimes that are punishable as category A felonies;

or (2) Domestic violence.

(g) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.

(h) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

(1) Interacts with the public;

and (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

(i) Any county manager in this State.

(j) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:

(1) Who possess specialized training in code enforcement;

(2) Who, as part of his or her normal job responsibilities, interacts with the public;

and (3) Whose primary duties are the performance of tasks related to code enforcement.

(k) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by the county or city clerk or registrar of voters in the elections division of the county or city.

(l) The spouse, domestic partner or minor child of a person described in paragraphs (a) to (k), inclusive.

(m) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to (k), inclusive, who was killed in the performance of his or her duties.

2.

As used in this section:

(a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

(b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

- *AB148_R1* – 23 – (c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

(d) “Social worker” means any person licensed under chapter 641B of NRS.

Sec.

If a pupil who is enrolled in a public school, including, without limitation, a university school for profoundly gifted pupils, is admitted by a court to a psychiatric hospital or facility which provides residential treatment for mental illness pursuant to NRS 432B.6076 [,] or section 38 of this act, the public school and, if applicable, the school district in which the pupil is enrolled, must:

If a pupil who is enrolled in a private school is admitted by a court to a psychiatric hospital pursuant to NRS 432B.6076 or section 38 of this act and the school district within whose geographicservices boundariesplan for the privatechild, the school isdistrict locatedmust:s has developed a services(a) Participate in the development of a plan for the child,continued education of the schoolpupil districtpursuant must:to NRS 432B.60847 and comply with the provisions of the plan;

(a) Participate in the development of a plan for the continued education of the pupil pursuant to NRS 432B.60847 and comply with the provisions of the plan;

NRS(Deleted 425.381by isamendment.) herebySec. amended to read as follows:

425.381 1.

A [master] child support magistrate must be appointed as set forth in this section.

2.