Amendment vs bill Amendment 354 vs Enrolled

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Senate Bill No.
Session (83rd) A SB284 354 Amendment No.
284–Senators Cannizzaro, Scheible, Nguyen;
354 Senate Amendment to Senate Bill No.
Cruz- Crawford, Daly, Doñate, Dondero Loop, Flores, Ohrenschall and Taylor CHAPTER..........
284 (BDR 38-747) Proposed by:
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.
LegiExisting law requires that all benefits for survivors or other awards payable to a child receiving child welfare services:
Legislative Counsel’s Digest:
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 Department 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.
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 treasury.
Existing law authorizes the agency which provides 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.
Existing law requires the Division of Child 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 receive federal benefits administered by the Social Security Administration or thee to United States Department of Veterans Affairs.
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 the 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 benefits on behalf of the child.
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 Senate Amendment No.
354 to Senate Bill No.
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284 Page 4 benefits on behalf of the child.
(1) determine whether there is a person who may benefits;
(1) determine whether there is a person who benefits;
and (2) if no person is suitable, apply to the Federal Government to be the representative payee for the child.
and (2) if no person is suitable, apply to the Federal Government to be theal representative payee for the child.
(2) perform an accounting of the use, application or months;
(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 who is in the custody of thees agency, is receiving benefits and is 14 years of age or older.
and (3) notify and consult with certain persons associated with the child concerning applications for and the use of federal benefits.
Section 1 prohibits an agency which provides child welfare services that serves as the representative payee for a child from using any benefits, awards or assets belonging to a child to pay for the costs of the care of the child.
Section 1 also requires the agency to provide financial counseling to a child who is in the custody of the agency, is receiving benefits and is 14 years of age or older.
Section 1 requires an agency which provides child welfare services that is the representative payee for a child to periodically assess whether there is a more suitable person to serve as the representative payee for the child, consult with certain interested persons as to to be the representative payee.
Section 1 prohibits an agency which provides child welfare services that serves as the to pay for the costs of the care of the child.
If a person assumes the role of representative payee,g 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.
Section 1 requires an agency which provides child welfare services that is the representative payee for a child to periodically assess whether there is a more suitable person to serve as the representative payee for the child, consult with certain interested persons as to whether the person is suitable for that role and, if so, assist the 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 the child;
(1) the new representative payee or the of age, the child.
or (2) if the child is emancipated or has reached 18 years of welfare services to submit to a court overseeing the case of a child in its custodyd who is receiving federal benefits certain documentation on the accounting of those benefits.
Sections 1 and 3 of this bill require an agency which provides child welfarers services to submit to a court overseeing the case of a child in its custody 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 January 1, 2026, close each account in the Trust Fund and:
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 requirements exist, to the new representative payee, the parent or guardian of the child or the child, depending on the circumstances.
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 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.
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.
- 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.
2.
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 the federal benefits into an account established pursuant tosit subsection 4.
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 child pursuant to 20 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, this State or an agency or political subdivision of this (b) 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.
or (4) Any other trust account that will not interfere with the eligibility of the child for any benefits provided by the Federal Government, this State or an agency or political subdivision of this State.
(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 - 83rd Session (2025) – 4 – accordance with subsection 5 and planning for future needs that are foreseeable.
(b) 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) 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 reimburse the agency which provides child welfare services orfor any other state or local governmental agency for costs of the child’s care.
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 or any other state or local governmental agency for costs of the child’s care.
7.
Senate Amendment No.
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 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.
354 to Senate Bill No.
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 the agency which provides child welfare services 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 the role of representative payee, the agency shall contact theume person to support him or her in applying to be the representative payee for the child.
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 the person to support him or her in applying to be the representative payee for the child.
An agency which provides child welfare services that any balance remaining in an account established pursuant toll 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:
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 to 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:
(a) Inform the child concerning any actions necessary for the child to:
(1) Continue to be eligible to receive federal benefits after his or her 18th birthday;
Senate Amendment No.
and representative payee;eral benefits directly 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;
354 to Senate Bill No.
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 Development administered by the Division of Welfare andChild Care Supportive Services of the Department pursuant to chapter 422A of NRS.
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 and 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 - 83rd Session (2025) – 7 – matter, which includes:
An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes:
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.
(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 updated as necessary to reflect any change in the placement 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.
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 separated and approved by the court.
(c) Information concerning the child’s education, including:
The plan for visitation must be updated as necessary to reflect any change in the placement of 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 copy of any individualized education program developed for the child;
(4) Whether the child has not completed or passed any course of instruction that the child should have completed or passed by the time the report is submitted, which has resulted in the child having a deficiency in credits;
(6) A copy of any plan developed in accordance with section of the Rehabilitation Act of 1973, 29 U.S.C.
(5) A copy of any individualized education program developed for the child;
(6) A copy of any plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C.
- 83rd Session (2025) – 8 – absent from school during the current or most recent school year for which the child was enrolled in school;
(10) A statement of the number of times the child has been absent from school during the current or most recent school year for which the child was enrolled in school;
Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the the parent or the child.
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 ofg 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.
If the child was delivered to a provider of 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 with the court to dispense with the hearing.
The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing.
Except as otherwise provided in subsection 7 and subsection of NRS 432B.520, notice of the hearing must be filed with the court and must be given by first-class mail or any other means agreed upon in writing between the agency which provides child welfare services and the recipient of the notice to:
Except as otherwise provided in subsection 7 and subsection 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) All the parties to any of the prior proceedings;
Senate Amendment No.
- 83rd Session (2025) – 9 – (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;
354 to Senate Bill No.
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) Need not be given to a parent who delivered a child to ad provider of emergency services pursuant to NRS 432B.630.
(c) Need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 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 and the home or placed for adoption or under a legal guardianship;
(d) The date the child may be returned to, and safely maintained in, the home or placed for adoption or under a legal guardianship;
(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.
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 must include, without limitation, a finding on each factor prescribed by subsection 4 of NRS 432B.575.
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.
- 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.
11.
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 January 1, 2026:
On or before [July 1, 2025:] January 1, 2026:
(b) An agency which provides child welfare services in a county child welfare established in the county treasury pursuant to NRSor 432.037.
(b) An agency which provides child welfare services in a county whose population is 100,000 or more shall close the trust fund for child welfare Senate Amendment No.
354 to Senate Bill No.
284 Page 10 established in the county treasury pursuant to NRS 432.037.
of the Department of Health and Human Services.nd Family Services (c) “Representative payee” has the meaning ascribed to it in section 1 of this act.
(b) “Division” means the Division of Child and Family Services of the Department of Health and Human Services.
(c) “Representative payee” has the meaning ascribed to it in section 1 of this act.
- 83rd Session (2025) – 11 – 2.
2.
Sections 1, 2, 3 and 6 of this act become effective on January 1, 2026.
Sections 1, 2, 3 and 6 of this act become effective on [July 1, 2025.] January 1, 2026.
~~~~~ 25 - 83rd Session (2025)
TEXT OF REPEALED SECTION 432.037 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.