AB 460 — Revises provisions relating to child welfare. (BDR 13-1060)

If[If no parent of the proposed protected minor has had the care, custody and control of the minor for the 6 months immediately preceding the petitionpetition, [,]temporary] orTemporary oneguardianship or both parents have been separated from the minor due to a federal immigration order leading to no parent having the care, custody and control of the minor,person temporary guardianship of the[the] persona ofproposed theprotected minor is presumed to be in the best interest of the minor.minor [.] :

(a) If no parent of the minor has had the care, custody and control of the minor for the 6 months immediately preceding the petition;

or (b) During a period of time in which no parent has the care, custody and control of the minor because one or both parents are separated from the minor due to a federal immigration order.

If, before the appointment of a temporary guardian, the court was satisfied that giving notice to the persons entitled to notice pursuant to NRS 159A.047 was not feasible under the circumstancescircumstancese or determined that such notice was not required pursuant to paragraph (b) or (c) of subsection 2, the petitioner shall notify the persons entitled to notice pursuant to NRS 159A.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section.

Not later than 10 days after the date of an ex parte appointment of a temporary guardian pursuant to subsection 5, the - *AB460_R1* – 6 – court shall hold a hearing to determine the need to extend the temporary guardianship.

Except as otherwise provided in subsection 9, if the court finds by clear and convincing evidence that the protected minor continues to be in need of a temporary guardian, the - 83rd Session (2025) – 6 – court may, pursuant to subsection 10, extend the temporary guardianship until a general guardian is appointed.

The court may not extend a temporary guardianship pursuant to subsection 8 beyond the initial period of 10 days unless the petitionerpet(a) demonstratesThe that:provisions of NRS 159A.0475 have been satisfied;

(a) The provisions of NRS 159A.0475 have been satisfied;

Except as otherwise provided in subsection 4, if a parent of a proposed protected minor files a petition seeking appointment as guardian for the proposed protected minor, the parent is presumed to be suitable to serve as guardian for the proposed protected minor.minor.to 3.

3.

- *AB460_R1* – 7 – (c) Whether the parents, parent or other person has engaged in the habitual use of alcohol or any controlled substance during the previous- 683rd months,Session except(2025) – 7 – the useprovisions of cannabischapter 678C of NRS;annabis in accordance with (d) Whether the provisionsparents, parent or other person has been convicted of chaptera 678Ccrime of NRS;moral turpitude, a crime involving domestic violence or a crime involving the abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult;

(d) Whether the parents, parent or other person has been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult;

(a) The parent is unable to provide for any or all of the basic needs of the proposed protected minor, including, without limitation:limitat(1) Food;

(1) Food;

Subject to the preference set forth in subsection 1 and except as otherwise provided in subsection 7, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve.ser6..

6.

- *AB460_R1*83rd –Session 8(2025) – (b)8 Any– request made by the proposed protected minor, if he or she is 14 years of age or older, for the appointment of a person as guardian for the proposed protected minor.

In determining whether to appoint a guardian of the person or estate of a proposed protected minor and who should be appointed, the court must always act in the best interests of the proposed protected minor.

always act in the best interests of the 10.

- 83rd Session (2025) – 9 – (b) “Blind” has the meaning ascribed to it in NRS 426.082.

- *AB460_R1* – 9 – (c) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 678C.080 that identifies the person as:

(1) Exempt from state prosecution for engaging in the medical use of cannabis;

orore prosecution for engaging in the (2) A designated primary caregiver as defined in NRS 678C.040.

and (c) The fee, if any, established by the Secretary of State pursuant to subsection2.bseIf 1the person satisfies the requirements of NRSsubsection 225.410.]1, 2.the Secretary of State shall:

If the person satisfies the requirements of subsection 1, the Secretary of State shall:

- 83rd Session (2025) – 10 – (a) The registration of a will or other document which replaces a will or other document that has been registered previously and posted within the Nevada Lockbox;

- *AB460_R1* – 10 – (b) The removal from the Nevada Lockbox of a will or other documentdoc(c) thatThe hasissuance beenof revokeda atduplicate registration card or the requestprovision of theother registrant;access by a registrant to his or her registration number and access code if a registration card issued pursuant to this section is lost, stolen, mutilated, destroyed or otherwise unavailable.

and (c) The issuance of a duplicate registration card or the provision of other access by a registrant to his or her registration number and access code if a registration card issued pursuant to this section is lost, stolen, mutilated, destroyed or otherwise unavailable.

Except as otherwise provided in subsection 2, the Secretary of State shall ensure that a person who needs access to the lockbox pursuant to this paragraph does not have access to any document contained in the lockbox other than a form requesting to nominate a guardian that is executed in accordance with NRS 159.0753 [.] or a form requesting to nominate a guardian of a minor that is executed in accordance with section 1 of this act.

2.]- The83rd SecretarySession of(2025) State– may11 accept– gifts, grants, bequests and other contributions from any source for the purpose of carrying out the provisions of NRS 225.300 to 225.440, inclusive.

A person who gives a gift, grant, bequest or other contribution may designate - *AB460_R1* – 11 – a specific purpose for the gift, grant, bequest or other contribution to carry out the provisions of NRS 225.300 to 225.440, inclusive.

(2) That the child has been in the custody of the proposed guardian for 6 months or more pursuant to a determination by a court that the child was in need of protection, unless the court waiveswaives(3) thisThat requirementthe forproposed goodguardian causehas shown;complied with the requirements of chapter 159A of NRS;

(3) That the proposed guardian has complied with the requirements of chapter 159A of NRS;

(b) Is subject to the provisions of NRS 159A.065 to 159A.076, inclusive, and section 1 of this act and 159A.185 to 159A.199, inclusive;inc(c) Provides the guardian with sole legal and physical custody of the child;

(c) Provides the guardian with sole legal and physical custody of the child;

(Deleted by amendment.) - 83rd Session (2025) – 12 – Sec.

1.This act becomes effective upon passage and approval.

This~~~~~ section25 becomes- effective83rd uponSession passage(2025) and approval.

2.

Section 8 of this act becomes effective on July 1, 2025.

3.

Sections 2 and 6 of this act become effective on October 1, 2025.

- *AB460_R1* – 12 – 4.

Sections 1, 3 to 5.5, inclusive, and 7 of this act become effective:

regulations and performing any other preparatory administrativey tasks that are necessary to carry out the provisions of this act;

and (b) On January 1, 2026, for all other purposes.

H - *AB460_R1*