Struck = removed from the bill ·
added = the amendment's new text.
SenateSession Bill(83rd) A SB284 354 Amendment No.
284–Senators354 Cannizzaro,Senate Scheible,Amendment Nguyen;to Senate Bill No.
Cruz-284 Crawford,(BDR Daly,38-747) Doñate,Proposed Donderoby: Loop, Flores, Ohrenschall and Taylor CHAPTER..........
Senate Committee on Health and Human Services Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will MAINTAIN the unfunded mandate not requested by the affected local government to S.B.
284 (§ 1).
ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
JWC/EWR - Date:
4/18/2025 S.B.
No.
284—Revises provisions relating to child welfare.
(BDR 38-747) Page 1 of 11 *A_SB284_354* Senate Amendment No.
354 to Senate Bill No.
284 Page 3 S ENATE BILL N O.
284–SENATORS CANNIZZARO , SCHEIBLE, N GUYEN;
C RUZ- CRAWFORD , ALY , OÑATE , ONDERO LOOP, LORES , HRENSCHALL AND TAYLOR M ARCH 5, 2025 _______________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to child welfare.
(BDR 38-747) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§ 1) (NOTR EQUESTED BYAFFECTEDLOCAL GOVERNMENT ) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegiExistingLegislative lawCounsel’s requiresDigest: that all benefits for survivors or other awards payable to a child receiving child welfare services:
Existing law requires that all benefits for survivors or other awards payable to a child receiving child welfare services:
or (2) in a county whose population is 100,000 or more (currently Clark and Washoe Counties) be deposited in a trust fund for child welfare established in the county Departmenttreasury. of Health and Human Services to use money in the Trust Fund forof the Child Welfare to pay for any services provided to the child to whom the benefits or awards were payable with public money.
Existing law authorizesrequires the agencyDivision whichof providesChild and Family Services of the Department of Health and Human Services to use money in the Trust Fund for Child Welfare to pay for any services provided to the child to whom the benefits or child welfare services in a county whose population is 100,000 or more to use the money in the trust fund for child welfare in the county treasury to pay for such services.
Section 1 of this bill requires an agency which provides child welfare services to determine if each child in the custody of the agency is receiving or is eligible to receive federal benefits administered by the Social Security Administration or theethe to United States Department of Veterans Affairs.
If a child is eligible to receive such federal benefits, section 1 requires the agency which provides child welfare services to promptly apply for the federal benefitsSenate onAmendment behalfNo. of the child.
354 to Senate Bill No.
284 Page 4 benefits on behalf of the child.
(1) determine whether there is a person who may benefits;
and (2) if no person is suitable, apply to the Federal Government to be thetheal representative payee for the child.
(2) perform an accounting of the use, application or conservation of all benefits that the agency receives on behalf of the child every 6 months;
and (3) notify and consult with certain persons associated with the childy 6 - 83rd Session (2025) – 2 – the agency to provide financial counseling to a child whoconcerning isapplications infor the custody of thees agency, is receiving benefits and isthe 14use years of agefederal orbenefits. older.
Section 1 prohibitsalso anrequires the agency whichto providesprovide childfinancial welfarecounseling servicesto that serves as the representative payee for a child fromwho usingis anyin benefits,the awardscustody orof assetsthe belongingagency, tois areceiving childbenefits toand payis for14 theyears costs of theage careor ofolder. the child.
Section 1 requiresprohibits an agency which provides child welfare services that isserves the representative payee for a child to periodically assess whether there is a more suitable person to serve as the representativeto payeepay for the child,costs consultof withthe certaincare interestedof persons as to to be the representativechild. payee.
IfSection a1 personrequires assumesan theagency rolewhich ofprovides representativechild payee,gwelfare sectionservices 1that requiresis the agencyrepresentative topayee providefor certaina trainingchild to theperiodically assess whether there is a more suitable person andto requestserve fromas the personrepresentative payee for the child, consult with certain documentsinterested relatingpersons as to whether the accountingperson ofis fundssuitable offor that role and, if so, assist the child.person in applying to be the representative payee.
If a person assumes the role of representative payee, section 1 requires the agency to provide certain training to the person and request from the person certain documents relating to the accounting of funds of the child.
(1) the new representative payee or the parent or legal guardian of age, the child;child.
orSections (2)1 ifand the3 childof isthis emancipatedbill orrequire hasan reachedagency 18which yearsprovides ofchild welfarewelfarers services to submit to a court overseeing the case of a child in its custodydcustody who is receiving federal benefits certain documentation on the accounting of those benefits.
Section 4 of this bill requires the Division to, on or before [July 1, 2025,] January 1, 2026, close each account in the Trust Fund and:
or (2) if the Division is not the representative payee for the child, remit the balance of the account in accordance with any requirements imposed by the source of the money or, if no such requirements exist, to the new representative payee, the parentrequires oran guardianagency ofwhich theprovides child welfare services in a county whose population is 100,000 or more to take similar action with regard to the child,trust dependingfund onfor child welfare in the circumstances.county treasury.
Section 4 requires an agency which provides child welfare services in a county whose population is 100,000 or more to take similar action with regard to the trust fund for child welfare in the county treasury.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
-2. 83rd Session (2025) – 3 – determines pursuant to subsection 1 that a child is eligible to receive federal benefits but is not currently receiving such benefits, the agency which provides child welfare services shall promptly apply for the federal benefits on behalf of the child.
If an agency which provides child welfare services determines pursuant to subsection 1 that a child is eligible to receive federal benefits but is not Senate Amendment No.
354 to Senate Bill No.
284 Page 5 currently receiving such benefits, the agency which provides child welfare services shall promptly apply for the federal benefits on behalf of the child.
and (b) If there is no person who is suitable to be the representative payee for the child, apply to be the representative payee for the thechild federal benefits into an account established pursuant tositto subsection20 4.C.F.R.
§§ 404.2024 and 416.624 and deposit the federal benefits into an account established pursuant to subsection 4.
or (4) Any other trust account that will not interfere with the eligibility of the child for any benefits provided by the Federal State.ment,Government, this State or an agency or political subdivision of this (b)State. Regularly meet with the child and the attorney for the child to discuss the federal benefits and ascertain the needs of the child, including, without limitation, needs related to the future plans of a child who is 14 years of age or older once he or she reaches the age of majority.
(c)(b) IfRegularly meet with the child isand 14the yearsattorney offor age or older, provide financial counseling to the child onto preservingdiscuss histhe orfederal herbenefits eligibilityand forascertain benefits, the useneeds of the benefitschild, forincluding, thewithout limitation, needs ofrelated to the childfuture inplans -of 83rda Sessionchild (2025)who –is 414 –years accordanceof withage subsectionor 5older andonce planninghe foror futureshe needsreaches thatthe areage foreseeable.of majority.
(c) If the child is 14 years of age or older, provide financial counseling to the child on preserving his or her eligibility for benefits, the use of the benefits for the needs of the child in accordance with subsection 5 and planning for future needs that are foreseeable.
An agency which provides child welfare services that is the representative payee for a child shall not use any federal benefits or other benefits, awards or assets belonging to a child to pay for or reimburse the agency which provides child welfare services orforor any other state or local governmental agency for costs of the child’s care.
7.Senate Amendment No.
An354 agency which provides child welfare services that has applied for benefits pursuant to subsectionSenate 2Bill shallNo. notify the child, any parent of the child whose parental rights have not been child of any application, decision or appeal related to benefits, any application pursuant to paragraph (b) of subsection 3 to be the representative payee for the child or any decision or appeal related to such an application.
284 Page 6 7.
An agency which provides child welfare services that has applied for benefits pursuant to subsection 2 shall notify the child, any parent of the child whose parental rights have not been terminated, the legal guardian of the child and the attorney for the child of any application, decision or appeal related to benefits, any application pursuant to paragraph (b) of subsection 3 to be the representative payee for the child or any decision or appeal related to such an application.
If the agency which provides child welfare services - 83rd Session (2025) – 5 – determines that such a person exists, the agency which provides child welfare services shall consult with the child, any parent whose rights have not been terminated and the attorney for the child about the person identified.
If after such consultation, the agency continues to believe that the person is suitable to assume the role of representative payee, the agency shall contact theumethe person to support him or her in applying to be the representative payee for the child.
An agency which provides child welfare services that ceases to serve as the representative payee for a child shall remit any balance remaining in an account established pursuant tollto remit subsection 4 or transfer control over such an account in accordance with the requirements prescribed by the source of the money or, in the absence of such requirements, to:
- 83rd Session (2025) – 6 – (a) Inform the child concerning any actions necessary for the child to:
(1)Senate ContinueAmendment toNo. be eligible to receive federal benefits after his or her 18th birthday;
and354 representativeto payee;eralSenate benefitsBill directlyNo. or designate a new (b) Inform the child concerning any effect of other benefits received by or on behalf of the child on the amount of the federal benefits received by the child;
284 Page 7 (1) Continue to be eligible to receive federal benefits after his or her 18th birthday;
and (2) Receive federal benefits directly or designate a new representative payee;
(b) Inform the child concerning any effect of other benefits received by or on behalf of the child on the amount of the federal benefits received by the child;
432.091 The provisions of NRS 432.010 to 432.085, inclusive, and section 1 of this act, do not apply to the Program for Child Care and Development administered by the Division of Welfare andChildand Care Supportive Services of the Department pursuant to chapter 422A of NRS.
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 83rdthe Sessioncourt, (2025)or –to 7the –panel if it has been designated to review the matter, which includes:
panel if it has been designated to review the (a) An evaluation of the progress of the child and the family of the child and any recommendations for further supervision, treatment or rehabilitation.
and (II) A plan for the child to visit the siblings, which must be presented at the first hearing to occur after the siblings are updatedseparated asand necessaryapproved toby reflect any change in the placementcourt. of thebe child or a sibling, including, without limitation, any such change that occurs after the termination of parental rights to the child or a sibling or the adoption of a sibling.
(c)The Informationplan concerningfor visitation must be updated as necessary to reflect any change in the child’splacement education,of including:the child or a sibling, including, without limitation, any such change that occurs after the termination of parental rights to the child or a sibling or the adoption of a sibling.
Senate Amendment No.
354 to Senate Bill No.
284 Page 8 (c) Information concerning the child’s education, including:
(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 (5)a Adeficiency copyin ofcredits; any 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.
-(10) 83rdA Sessionstatement (2025)of –the 8number –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;
Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child.
If the child was delivered to a provider ofgof emergency services pursuant to NRS 432B.630 and the parent has not appeared in the action, the report need not be sent to that parent.
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.
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 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:
(a)Senate AllAmendment theNo. parties to any of the prior proceedings;
-354 83rd Session (2025) – 9 – (c) A sibling of the child, if known, who has been granted a right to visitationSenate ofBill theNo. child pursuant to this section or NRS 127.171 and his or her attorney, if any;
284 Page 9 (a) All the parties to any of the prior proceedings;
(b) Any persons planning to adopt the child;
(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) Need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily rel(d)relinquished Needthe not be given to a parent who delivered a child tofor adadoption provider of emergency services pursuant to NRS 432B.630.127.040;
and (d) Need not be given to a parent who delivered a child to a provider of emergency services pursuant to NRS 432B.630.
(d) The date the child may be returned to, and safely maintained andin, the home or placed for adoption or under a legal guardianship;
and (e) Whether the child is making adequate academic progress and receiving the educational services or supports necessary to ensure the academic success of the child.
If the child is placed in a qualified residential treatment program, the determination pursuant to paragraph (a) of subsection 9 must include, without limitation, a finding on each factor prescribed by subsection 4 of NRS 432B.575.
-11. 83rd Session (2025) – 10 – this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.
The provision of notice and a right to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.
On or before [July 1, 2025:] January 1, 2026:
(b) An agency which provides child welfare services in a county childwhose welfarepopulation establishedis in100,000 or more shall close the countytrust treasuryfund pursuantfor tochild NRSorwelfare 432.037.Senate Amendment No.
354 to Senate Bill No.
284 Page 10 established in the county treasury pursuant to NRS 432.037.
of(b) “Division” means the DepartmentDivision of HealthChild and Human Services.nd Family Services (c)of “Representative payee” has the meaningDepartment ascribedof toHealth itand inHuman sectionServices. 1 of this act.
(c) “Representative payee” has the meaning ascribed to it in section 1 of this act.
- 83rd Session (2025) – 11 – 2.
Sections 1, 2, 3 and 6 of this act become effective on [July 1, 2025.] January 1, 2026.
~~~~~TEXT 25OF -REPEALED 83rdSECTION Session432.037 (2025)Creation of Trust Fund for Child Welfare;
duties of Division;
deposit of money in trust fund for child welfare established in county treasury in certain counties and disbursement from fund.
1.
The Trust Fund for Child Welfare is hereby created.
All benefits for survivors or other awards payable to children receiving child welfare services pursuant to NRS 432.010 to 432.085, inclusive, in a county whose population is less than 100,000 must be deposited in the State Treasury for credit to the Fund.
2.
The Division shall:
(a) Keep a separate account for each child who receives money.
(b) Deduct from the account any services to the child provided by public money.
Any surplus remaining may be expended for extraordinary items deemed beneficial to the child.
(c) Remit any surplus balance to the parent or legal guardian of the child, or to the child if the child is emancipated or has reached the age of 18 years, when the Division is no longer legally responsible for the child.
3.
The Division shall pay interest to each child’s separate account maintained in the Trust Fund for Child Welfare at the end of each interest period.
Interest must be paid at a rate equal to the average of the interest rates quoted by at least three banking institutions for interest-bearing savings accounts of $3,000 or less on the first day of each interest period.
Interest must be paid on the child’s account commencing with the first interest period that the Division is legally responsible for the child.
Interest must not be paid for the interest period during which the child ceases to be the legal responsibility of the Division.
Senate Amendment No.
354 to Senate Bill No.
284 Page 11 4.
All benefits for survivors or other awards payable to children receiving child welfare services in a county whose population is 100,000 or more pursuant to NRS 432.010 to 432.085, inclusive, must be deposited in the trust fund for child welfare established in the county treasury.
A disbursement from the benefits for survivors or other awards of a child which is deposited in the fund may be made to the agency which provides child welfare services for any child welfare services provided to the child with public money.
5.
As used in this section, “interest period” means that period not less frequent than quarterly, as determined by the State Treasurer, for which interest must be paid.