A.B. 227
- *AB227*
ASSEMBLY BILL NO. 227–ASSEMBLYMEMBER MILLER
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions governing adoption.
(BDR 11-928)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§ 53)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to adoption; repealing, reenacting, revising and
reorganizing certain provisions relating to the adoption of
children, the execution, modification and termination
of agreements for postadoptive contact and the placement
of children for adoption and permanent free care;
establishing provisions relating to confirmatory adoptions
and readoptions; revising and establishing provisions
relating to the collection, maintenance and distribution of
certain publications and information relating to the
adoption of children; revising various provisions relating
to the adoption of adults; requiring the Division of Child
and Family Services of the Department of Health and
Human Services to adopt various regulations; directing
the Legislative Counsel to make various organizational
changes concerning the placement of certain compacts for
adoption in the Nevada Revised Statutes; providing
penalties; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law establishes various procedures relating to the adoption of children. 1
(Chapter 127 of NRS) Sections 106-149, 153-168 and 193 of this bill generally 2
remove and repeal various provisions related to the adoption of children in the 3
custody of agencies which provide child welfare services, and sections 2-75 and 4
77-98 of this bill reenact similar, revised or new provisions for the purpose of 5
– 2 –
- *AB227*
establishing provisions that independently govern adoptions facilitated by agencies 6
which provide child welfare services. 7
Specifically, existing law establishes the State Register for Adoptions and the 8
Register of Children with Special Needs and requires the Division of Child and 9
Family Services of the Department of Health and Human Services to collect, 10
maintain and distribute certain information and publications related to adoptions. 11
(NRS 127.007-127.009) Sections 19-21 of this bill establish similar registry and 12
publication requirements related to adoptions of children in the custody of agencies 13
which provide child welfare services, and sections 107-109 of this bill make 14
various changes to distinguish the existing requirements from such newly 15
established provisions. 16
Additionally, existing law establishes various procedures which govern the 17
adoption of children. (NRS 127.010-127.1869) Sections 22-58 of this bill reenact 18
and revise procedures governing the adoption of children in the custody of agencies 19
which provide child welfare services, and sections 101-106, 110-143 and 193 of 20
this bill remove and repeal various provisions for the purpose of facilitating the 21
separation of the provisions governing agencies which provide child welfare 22
services, and additionally make certain other changes related to procedures for 23
adoption under existing law. 24
Existing law establishes certain requirements related to the execution, 25
enforcement, modification and termination of agreements for postadoptive contact. 26
(NRS 127.187-127.1895) Sections 59-64 of this bill reenact and revise such 27
procedures related to agreements for postadoptive contacts in adoption procedures 28
related to agencies which provide child welfare services. Sections 144-149 and 193 29
of this bill remove and repeal various provisions related to agreements for 30
postadoptive contact to facilitate the separation of the provisions related to agencies 31
which provide child welfare services, and make various other changes related to the 32
provisions governing agreements for postadoptive contact under existing law. 33
Existing law also authorizes child-placing agencies and agencies which provide 34
child welfare services to place, arrange the placement of, or assist in placing or in 35
arranging the placement of, children for adoption or permanent free care and 36
establishes certain requirements related to the placements and assistance. (NRS 37
127.220-127.310) Sections 65-75 of this bill reenact and revise such provisions 38
relating to placements and assistance provided by agencies which provide child 39
welfare services. Sections 153-168 of this bill remove the placement and assistance 40
provisions related to agencies which provide child welfare services and make 41
certain other changes related to placing and assisting in the placement children for 42
adoption and permanent free care. 43
Section 99 of this bill establishes procedures for confirmatory adoptions for the 44
purpose of authorizing a petitioner to confirm the parentage of a child under certain 45
circumstances. 46
Section 100 of this bill establishes procedures for readoption which authorize 47
certain persons who adopt a child through intercountry adoption to petition the 48
court to readopt the child. 49
Existing law establishes the Interstate Compact on the Placement of Children 50
and the Interstate Compact on Adoption and Medical Assistance. (NRS 127.330, 51
127.410) Section 189 of this bill directs the Legislative Counsel, in the next reprint 52
of the Nevada Revised Statutes, to cause the transfer of each Compact to a new 53
chapter of NRS, respectively. 54
Finally, existing law authorizes an adult to adopt another adult under certain 55
circumstances and establishes various procedural requirements related to such 56
adoptions. (NRS 127.005, 127.190-127.210) Sections 150-152 of this bill make 57
various changes relating to the adoption of adults. 58
Sections 76 and 169-188 of this bill make conforming changes. 59
– 3 –
- *AB227*
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 11 of NRS is hereby amended by adding 1
thereto a new chapter to consist of the provisions set forth as 2
sections 2 to 75, inclusive, of this act. 3
Sec. 2. As used in this chapter, unless the context otherwise 4
requires, the words and terms defined in sections 3 to 17, 5
inclusive, of this act have the meanings ascribed to them in those 6
sections. 7
Sec. 3. “Adult” means a person who is at least 18 years of 8
age. 9
Sec. 4. “Agency which provides child welfare services” has 10
the meaning ascribed to it in NRS 432B.030. 11
Sec. 5. “Blind” has the meaning ascribed to it in 12
NRS 426.082. 13
Sec. 6. “Child” means a person who is less than 18 years of 14
age. 15
Sec. 7. “Child-placing agency” means a nonprofit 16
corporation organized pursuant to chapter 82 of NRS, and 17
licensed by the Division to place children for adoption or 18
permanent free care. 19
Sec. 8. “Child with special needs” means a child for whom 20
placement with an adoptive parent is, in the opinion of the 21
Administrator of the Division or the designee of the Administrator, 22
made more difficult because of the age, race or number of siblings 23
of the child, or because the child suffers from a severe or chronic 24
medical, physical, mental or emotional condition. 25
Sec. 9. “Division” means the Division of Child and Family 26
Services of the Department of Health and Human Services. 27
Sec. 10. “Holder of a valid registry identification card” 28
means a person who holds a valid registry identification card, as 29
defined in NRS 678C.080, that identifies the person as: 30
1. Exempt from state prosecution for engaging in the medical 31
use of cannabis; or 32
2. A designated primary caregiver, as defined in 33
NRS 678C.040. 34
Sec. 11. “Home study” means a study of the home of a 35
prospective adoptive parent conducted in accordance with section 36
67 of this act. 37
Sec. 12. “Indian child” has the meaning ascribed to it in 38
NRS 125E.080. 39
Sec. 13. “Order of adoption” means a final judgment 40
concerning a petition for adoption. The term includes a decree for 41
adoption. 42
– 4 –
- *AB227*
Sec. 14. “Parent” means: 1
1. A natural or legal parent whose parental rights have not 2
been terminated. 3
2. A person who is alleged or reputed to be the natural parent 4
of a child but whose parentage has not been legally established. 5
3. A person whose parentage has been established pursuant 6
to chapter 126 of NRS or by court order. 7
Sec. 15. “Prospective adoptive parent” means a person who 8
has filed or intends to file a petition for adoption of a child who is 9
in the custody of an agency which provides child welfare services. 10
Sec. 16. “Relinquishment” means a document executed by a 11
parent who is alive and whose parental rights have not been 12
terminated acknowledging the consent of the parent to place the 13
child for adoption with an agency which provides child welfare 14
services. 15
Sec. 17. “Specific consent to adoption” means a document 16
acknowledging the consent of the person to the adoption of a child 17
by each prospective adoptive parent specified in the petition for 18
adoption. 19
Sec. 18. The provisions of sections 2 to 75, inclusive, of this 20
act govern the adoption of children who are placed in the custody 21
of an agency which provides child welfare services pursuant to 22
chapter 432B of NRS. 23
Sec. 19. 1. The Division shall maintain a State Register for 24
Adoptions of Children Who Were in the Custody of an Agency 25
Which Provides Child Welfare Services, which is hereby 26
established, in its central office to provide information to identify: 27
(a) Designated adopted persons; and 28
(b) Persons who are related by blood within the third degree of 29
consanguinity to designated adopted persons. 30
2. Except as otherwise provided in subsection 3, the State 31
Register for Adoptions of Children Who Were in the Custody of an 32
Agency Which Provides Child Welfare Services consists of: 33
(a) The names and other information, which the Administrator 34
of the Division deems to be necessary for the operation of the State 35
Register, relating to persons who have released a child for 36
adoption or have consented to the adoption of a child, or whose 37
parental rights have been terminated by a court of competent 38
jurisdiction, and who have submitted the information voluntarily 39
to the Division; 40
(b) The names and other necessary information of designated 41
adopted persons who have submitted the information voluntarily 42
to the Division; and 43
(c) The names and other necessary information of persons 44
who are related by blood within the third degree of consanguinity 45
– 5 –
- *AB227*
to designated adopted persons, and who have submitted the 1
information voluntarily to the Division. 2
3. A person whose name appears in the State Register may 3
withdraw it by requesting in writing that it be withdrawn and the 4
Division shall immediately withdraw the name upon receiving a 5
request to do so, and may not thereafter release any information to 6
identify that person, including the information that the name was 7
ever in the State Register. 8
4. Except as otherwise provided in subsection 5, the Division 9
may release information about a person who is related by blood 10
within the third degree of consanguinity to a designated adopted 11
person or about a designated adopted person to a person related by 12
blood within the third degree of consanguinity, if: 13
(a) The names and information about both persons are 14
contained in the State Register; and 15
(b) The parent of the designated adopted person gives written 16
consent for the release of the information. 17
5. A designated adopted person may, by submitting a written 18
request to the Division, restrict the release of any information 19
concerning the designated adopted person to one or more 20
categories of persons who are related by blood within the third 21
degree of consanguinity to the designated adopted person. 22
6. As used in this section, “designated adopted person” 23
means an adult who was adopted as a child pursuant to the 24
provisions of this chapter or substantially similar provisions of 25
chapter 127 of NRS as those provisions existed before October 1, 26
2025. 27
Sec. 20. 1. The Division shall establish a Register of 28
Children with Special Needs Who Are in the Custody of an 29
Agency Which Provides Child Welfare Services. 30
2. The Register must include descriptive information on every 31
child with special needs for whom a prospective adoptive parent is 32
not identified within 3 months after the child becomes available 33
for adoption pursuant to the provisions of this chapter or 34
substantially similar provisions of chapter 127 of NRS as those 35
provisions existed before October 1, 2025. 36
3. The Register must not include any personal information 37
which reveals the identity of a child with special needs described 38
in subsection 2 or a parent of the child. 39
4. A copy of the Register must be made available for review 40
by prospective adoptive parents at each office of the Division. 41
Sec. 21. 1. The Division shall prepare a booklet on 42
adoption proceedings conducted pursuant to this chapter, which 43
must include the following information: 44
(a) The legal basis of adoption; 45
– 6 –
- *AB227*
(b) The purpose of adoption; 1
(c) The process of adoption; 2
(d) The number of children who are waiting to be adopted, 3
including statistical information regarding: 4
(1) The gender and ethnic background of the children who 5
are waiting to be adopted; 6
(2) The number of children placed in foster homes who are 7
waiting to be adopted; 8
(3) The number of children with special needs who are 9
waiting to be adopted; and 10
(4) The number of siblings who are waiting to be adopted; 11
(e) The name and location of child-placing agencies; 12
(f) The number of prospective adoptive parents; 13
(g) A comparison of this State to the surrounding states 14
regarding the placement of children with adoptive parents; 15
(h) A comparison of the Division to other child-placing 16
agencies regarding the placement of children with adoptive 17
parents; and 18
(i) Any subsidies, assistance and other services that may be 19
available to adoptive parents and prospective adoptive parents, 20
including, without limitation, services for children with special 21
needs. 22
2. The Division shall: 23
(a) Revise the information in the booklet annually; and 24
(b) Distribute the booklet to: 25
(1) Persons whose patients or clients are likely to become 26
involved with adoption proceedings conducted pursuant to this 27
chapter; 28
(2) Prospective adoptive parents; and 29
(3) Parents who are considering relinquishing for adoption 30
or consenting to adoption. 31
3. The Division may accept gifts and grants to assist in the 32
production and distribution of the booklet. 33
Sec. 22. Except as otherwise provided in NRS 125E.270, the 34
district courts of this State have original jurisdiction in adoption 35
proceedings conducted pursuant to this chapter. 36
Sec. 23. 1. Except as otherwise provided in chapter 125 of 37
NRS, and sections 27, 39, 46 and 54 to 58, inclusive, of this act, a 38
child of whom this State: 39
(a) Is the home state on the date of the commencement of the 40
adoption proceeding; or 41
(b) Was the home state within 6 months before the 42
commencement of the adoption proceeding, 43
may not be adopted except upon an order of a district court in 44
this State. 45
– 7 –
- *AB227*
2. As used in this section, “home state” means: 1
(a) The state in which a child lived for at least 6 consecutive 2
months, including any temporary absence from the state or any 3
placement outside the state through the Interstate Compact on the 4
Placement of Children pursuant to NRS 127.330, immediately 5
before the commencement of a proceeding; or 6
(b) In the case of a child less than 6 months of age, the state in 7
which the child lived from birth, including any temporary absence 8
from the state. 9
Sec. 24. 1. Except as otherwise provided in subsection 2: 10
(a) A child may be adopted by one or more adults subject to the 11
provisions of this chapter; 12
(b) Each adult adopting the child must be at least 10 years 13
older than the child; and 14
(c) If the child is over 14 years of age, the child must agree to 15
the adoption. 16
2. A court may approve the adoption of a child without regard 17
to the age difference between the child and the prospective 18
adoptive parents if: 19
(a) At least one prospective adoptive parent is related to the 20
child by blood within the third degree of consanguinity; and 21
(b) The court is satisfied that the adoption is in the best 22
interests of the child. 23
Sec. 25. 1. One or more adults may petition the district 24
court of any county in this State for leave to adopt a child. 25
2. Except as otherwise provided in subsection 5, a person who 26
is married and not lawfully separated from a spouse may not adopt 27
a child without the agreement of the spouse, if the spouse is 28
capable of agreeing to the adoption. 29
3. If a spouse agrees to an adoption as described in 30
subsection 2, such agreement does not establish any parental 31
rights or responsibilities on the part of the spouse, unless the 32
spouse: 33
(a) Has, in a writing filed with the court, specifically agreed to: 34
(1) Adopt the child; and 35
(2) Establish parental rights and responsibilities; and 36
(b) Is named as an adoptive parent in the order of adoption. 37
4. The court shall not name a spouse who agrees to an 38
adoption as described in subsection 2 as an adoptive parent in an 39
order of adoption unless: 40
(a) The spouse has filed a writing with the court as described 41
in paragraph (a) of subsection 3; and 42
(b) The home of the spouse is suitable for the child, as 43
determined by a post-placement investigation conducted pursuant 44
to section 40 of this act or a home study. 45
– 8 –
- *AB227*
5. The court may dispense with the requirement for the 1
agreement of a spouse who cannot be located after a diligent 2
search or who is determined by the court to lack the capacity to 3
agree. 4
6. A spouse for whom the requirement was dispensed 5
pursuant to subsection 5 must not be named as an adoptive parent 6
in an order of adoption. 7
7. The court may determine that a child has a legal 8
relationship with more than two persons who petition for the 9
adoption of the child pursuant to this section. 10
8. As used in this section, “spouse” means a marital partner, 11
domestic partner or civil partner, or a person sharing similar 12
rights, benefits and protections to such persons. 13
Sec. 26. Except as otherwise provided in section 36 of this 14
act, a specific consent to adoption is required before finalization of 15
an adoption from: 16
1. Each parent of the child for adoption who is alive and who 17
has not executed a relinquishment; and 18
2. Any legal guardian of the person of the child appointed by 19
a court of competent jurisdiction. 20
Sec. 27. 1. If a petition for adoption of a child concerns the 21
adoption of an Indian child, unless the parental rights of the 22
parents of the Indian child have been terminated, consent in 23
writing to the adoption must be given by the parents of the Indian 24
child and the written consent must be filed with the court. 25
2. A parent of an Indian child may consent to the adoption of 26
the Indian child at any time not less than 10 days following the 27
date of the birth of the Indian child by executing the consent in 28
person before the court on the record. 29
3. Before the execution of the consent of a parent under 30
subsection 2, the court must explain to the parent on the record in 31
detail and in the language of the parent: 32
(a) The right to legal counsel; 33
(b) The terms and consequences of the consent in detail; and 34
(c) That at any time before the entry of the order of adoption, 35
the parent may withdraw consent for any reason and petition the 36
court to have the child returned. 37
4. After the execution of the consent of a parent under 38
subsection 2, the court shall certify that the court made the 39
explanation under subsection 3 and that the parent fully 40
understood the explanation. 41
5. At any time before the entry of an order of adoption, a 42
parent of an Indian child may withdraw the consent under this 43
section. 44
– 9 –
- *AB227*
6. A withdrawal of consent described in subsection 5 must be 1
made by filing the written withdrawal with the court or by making 2
a statement of withdrawal on the record in the adoption 3
proceeding. 4
7. Upon entry of the withdrawal of consent pursuant to 5
subsection 6, the court must promptly notify the person or entity 6
that arranged the adoptive placement to regain custody and 7
control of the Indian child and a parent who withdraws consent 8
may petition the court for the return of the child. 9
8. As used in this section, “parent” has the meaning ascribed 10
to it in NRS 125E.130. 11
Sec. 28. An agency which provides child welfare services 12
may accept a specific consent to adoption or a relinquishment. 13
Sec. 29. An agency which provides child welfare services to 14
which a child has been ordered or relinquished for adoption shall 15
be responsible for the care of the child, and shall be entitled to the 16
custody and control of the child at all times until a petition for 17
adoption has been granted. 18
Sec. 30. 1. An agency which provides child welfare services 19
which accepts a relinquishment for the adoption of a child 20
pursuant to section 28 of this act shall make all necessary 21
inquiries to determine whether the child is an Indian child. 22
2. If an agency which provides child welfare services 23
determines pursuant to subsection 1 that the child is an Indian 24
child and that the child is a ward of a tribal court, resides on a 25
reservation or is domiciled on a reservation, the agency which 26
provides child welfare services shall so notify the tribe of the child 27
in writing. 28
3. The Division shall adopt regulations establishing 29
reasonable and uniform standards for making the necessary 30
inquiries to determine whether a child is an Indian child. 31
4. For the purposes of this section, the domicile of an Indian 32
child must be determined according to federal common law. 33
Sec. 31. 1. A specific consent to adoption or a 34
relinquishment executed in this State, or executed outside this 35
State for use in this State, is not valid unless it: 36
(a) Identifies the child to be adopted by name, if any, sex and 37
date of birth; 38
(b) Is in writing and signed, as applicable, by: 39
(1) A legal parent who is alive and whose parental rights 40
have not been terminated by a court; or 41
(2) Any legal guardian of the person of the child appointed 42
by a court of competent jurisdiction; 43
(c) Is acknowledged by a person described in paragraph (b) 44
before: 45
– 10 –
- *AB227*
(1) A judge or a clerk of the court having a seal; 1
(2) A notary public; or 2
(3) A justice of the peace; 3
(d) If the document is a specific consent to adoption, contains, 4
at the time of execution, the name of each person to whom specific 5
consent to adopt the child is given; 6
(e) If the document is a relinquishment, contains the name of 7
the agency which provides child welfare services; 8
(f) Indicates whether the person executing the document has 9
reason to know that the child is an Indian child and, if the person 10
does not have reason to know that the child is an Indian child, 11
includes a statement that the person will inform the court 12
immediately if, before the entry of the order of adoption pursuant 13
to section 45 of this act, the person receives information that 14
provides reason to know that the child is an Indian child; and 15
(g) Is attested by at least two competent, disinterested witnesses 16
who meet the qualifications described in subsection 2 and 17
subscribe their names to the document in the presence of or by 18
video conference with the person described in paragraph (b). 19
2. At least one of the witnesses described in subsection 1 must 20
be: 21
(a) If signing in this State, an employee of the agency which 22
provides child welfare services; or 23
(b) If signing in another state, a person authorized in that state 24
to witness or accept a specific consent to adoption or a 25
relinquishment. 26
Sec. 32. 1. An attesting witness to any specific consent to 27
adoption required by section 31 of this act may make and sign an 28
affidavit before any person authorized to administer oaths in this 29
State, stating such facts as they would be required to testify to in 30
court to prove the due execution of the specific consent to 31
adoption. 32
2. The affidavit described in subsection 1 must be written on 33
the specific consent to adoption or, if that is impracticable, on 34
some paper attached thereto. 35
3. The sworn statement of any witness described in subsection 36
1 must be accepted by the court in any action or proceeding 37
relating to the validity or due execution of the specific consent to 38
adoption as if it had been taken before the court. 39
4. The affidavit described in subsection 1 may be 40
substantially in the following form: 41
– 11 –
- *AB227*
State of Nevada } 1
}ss. 2
County of ........................... } 3
4
(Date) ................................. 5
6
Then and there personally appeared the within-named 7
................ and ................, who, being duly sworn, depose 8
and say: That they witnessed the execution of the within 9
specific consent to adoption by ................ (name of any 10
person consenting); that she, he or they subscribed the 11
specific consent to adoption and declared the same to be a 12
voluntary specific consent to adoption in their presence; 13
that at the time the specific consent to adoption was 14
executed it contained the names of any person to whom 15
specific consent was thereby given to adopt the child; that 16
they thereafter subscribed the same as witnesses in the 17
presence of ................ (name of any person consenting) and 18
in the presence of each other and at the request of ................ 19
(name of any person consenting); that at the time of the 20
execution of the specific consent to adoption ................ 21
(name of any person consenting) acknowledged to them that 22
she, he or they was or were, and she, he or they appeared to 23
them to be, in full possession of her, his or their faculties 24
and not under the influence of any drug or sedative that 25
could impact reasoning or judgment or subject to any 26
duress, fear, menace, compulsion or undue influence 27
whatever; and that they make this affidavit at her, his or 28
their request. 29
30
................................................... 31
................................................... 32
33
Subscribed and sworn to before me 34
this ...... day of the month of ...... of the year ...... 35
36
...................................................... 37
Notary Public 38
Sec. 33. 1. An attesting witness to a relinquishment 39
required by section 31 of this act may make and sign an affidavit 40
before any person authorized to administer oaths in this State, 41
stating such facts as they would be required to testify to in court to 42
prove the due execution of the relinquishment. 43
– 12 –
- *AB227*
2. The affidavit described in subsection 1 must be written on 1
the relinquishment, or, if that is impracticable, on some paper 2
attached thereto. 3
3. The sworn statement of any witness described in subsection 4
1 must be accepted by the court in any action or proceeding 5
relating to the validity or due execution of the relinquishment as if 6
it had been taken before the court. 7
4. The affidavit described in subsection 1 may be 8
substantially in the following form: 9
10
State of Nevada } 11
}ss. 12
County of ........................... } 13
14
(Date) ................................. 15
16
Then and there personally appeared the within-named 17
................ and ................, who, being duly sworn, depose 18
and say: That they witnessed the execution of the within 19
relinquishment by ................ (name of any 20
person relinquishing); that she, he or they subscribed the 21
relinquishment and declared the same to be a voluntary 22
relinquishment in their presence; that at the time 23
the relinquishment was executed it contained the name 24
of the agency which provides child welfare services to which 25
the relinquishment was made; that they thereafter 26
subscribed the same as witnesses in the presence of 27
................ (name of any person relinquishing) and in the 28
presence of each other and at the request of ................ 29
(name of any person relinquishing); that at the time of the 30
execution of the relinquishment ................ (name of any 31
person relinquishing) acknowledged to them that she, he or 32
they was or were, and she, he or they appeared to them to 33
be, in full possession of her, his or their faculties and not 34
under the influence of any drug or sedative that could 35
impact reasoning or judgment or subject to any duress, fear, 36
menace, compulsion or undue influence whatever; and that 37
they make this affidavit at her, his or their request. 38
39
................................................... 40
................................................... 41
– 13 –
- *AB227*
Subscribed and sworn to before me 1
this ...... day of the month of ...... of the year ...... 2
3
...................................................... 4
Notary Public 5
Sec. 34. The same petitioners may, in one petition, petition 6
for the adoption of two or more children, if the children are 7
siblings. 8
Sec. 35. 1. A parent who is a child may execute a specific 9
consent to adoption or a relinquishment without a requirement for 10
notification to or consent by any parent. 11
2. A specific consent to adoption or a relinquishment 12
executed by a parent who is a child may not be revoked or 13
nullified based upon the parent becoming an adult. 14
3. A specific consent to adoption or a relinquishment cannot 15
be revoked or nullified unless it was obtained under fraud, duress 16
or undue influence, as determined by a court of competent 17
jurisdiction if a petition is filed not later than 30 days after the 18
execution of the specific consent to adoption or relinquishment. 19
Sec. 36. A specific consent to adoption or a relinquishment is 20
not necessary if the parental rights of a parent have been 21
terminated by a court or by operation of law by a birth father 22
register operated in another state. 23
Sec. 37. All petitions, reports and orders in adoption 24
proceedings conducted pursuant to this chapter shall be entitled 25
only in the names of the adopting parties. 26
Sec. 38. 1. A petition for adoption of a child may be filed at 27
any time after the child is legally available for adoption and has 28
been placed with the petitioners. 29
2. The petition for adoption must state, in substance, the 30
following: 31
(a) The full name and age of the petitioners. 32
(b) The age of the child sought to be adopted and the date that 33
the child was placed in the home of the petitioners. 34
(c) That it is the desire of the petitioners that the relationship 35
of parent and child be established between the petitioners and the 36
child. 37
(d) If the petitioners desire that the name of the child be 38
changed, the new name desired for the child. 39
(e) That the petitioners are fit and proper persons to have the 40
care and custody of the child. 41
(f) That the petitioners are financially able to provide for the 42
child. 43
– 14 –
- *AB227*
(g) That there has been a full compliance with the law in 1
regard to termination of parental rights, relinquishment for 2
adoption or specific consent to adoption as to all parties. 3
(h) That there has been a full compliance with sections 65 to 4
75, inclusive, of this act. 5
(i) Whether the petitioners have reason to know that the child 6
is an Indian child. 7
(j) That there are no known signs that the child is currently 8
experiencing victimization from human trafficking, exploitation or 9
abuse. 10
(k) Whether an agreement for postadoptive contact has been 11
entered into by the petitioners and any parent of the child to be 12
adopted. 13
(l) Whether there is an order for visitation of a child by a 14
sibling or other relative. 15
3. An order of adoption may be entered unless there has been 16
full compliance with the provisions of sections 65 to 75, inclusive, 17
of this act. 18
Sec. 39. 1. In addition to the requirements set forth in 19
section 38 of this act, a petition for adoption of a child must 20
contain: 21
(a) A declaration under penalty of perjury and documentation, 22
as described by the regulations adopted by the Division pursuant 23
to section 57 of this act, of the good faith efforts by the petitioner 24
described in subsection 1 of NRS 125E.210, to determine whether 25
there is reason to know that the child is an Indian child; 26
(b) A statement as to whether the petitioner has reason to 27
know that the child is an Indian child; and 28
(c) If the petitioner has reason to know that the child is an 29
Indian child: 30
(1) A declaration under penalty of perjury and 31
documentation, as described by the regulations adopted by the 32
Division pursuant to section 57 of this act, showing that the 33
proposed adoptive placement complies with the requirements 34
under NRS 125E.350; or 35
(2) A statement that the petitioner is moving the court 36
under subsection 3 of NRS 125E.350 for a finding, by clear and 37
convincing evidence, that good cause exists for alternative 38
adoptive placement and a statement describing the details 39
supporting the assertion of the petitioner that good cause exists for 40
the alternative placement, as described in subsection 3 of 41
NRS 125E.350. 42
2. A petition for adoption of a child must, if applicable, 43
request the following: 44
– 15 –
- *AB227*
(a) A finding that the petitioner complied with the inquiry 1
requirements under subsection 1 of NRS 125E.210; 2
(b) A finding of whether there is reason to know that the child 3
is an Indian child; and 4
(c) If the court finds that the child is an Indian child: 5
(1) The determinations required under NRS 125E.250 6
regarding the residence, domicile and wardship status of the 7
Indian child; 8
(2) A finding that the petitioner complied with the notice 9
requirements under subsection 2 of NRS 125E.220; and 10
(3) A finding that the adoptive placement complies with the 11
placement preferences under NRS 125E.350 or, if not, that upon 12
the motion of the petitioner under subsection 3 of NRS 125E.350, 13
good cause exists for placement contrary to the placement 14
preferences in NRS 125E.350. 15
3. If the petitioner has reason to know that the child is an 16
Indian child, within 30 days after filing the petition, the petitioner 17
shall: 18
(a) Serve copies of the petition by registered or certified mail, 19
return receipt requested, together with the notice of proceeding in 20
the form required under subsection 3 of NRS 125E.220, to: 21
(1) Each tribe of which the Indian child may be a member 22
or in which the Indian child may be eligible for membership; 23
(2) The appropriate Regional Director of the United States 24
Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the 25
identity or location of the parents, Indian custodian or tribe of the 26
child cannot be ascertained; and 27
(3) The appropriate agency which provides child welfare 28
services. 29
(b) File a declaration of compliance with the court, including 30
a copy of each notice sent, together with any return receipts or 31
other proof of service. 32
Sec. 40. 1. A petition for adoption of a child must be filed 33
with the clerk of the court. 34
2. Unless waived by the court, an agency which provides child 35
welfare services shall complete a post-placement investigation and 36
submit a report and other information required by subsection 3. 37
3. The agency which provides child welfare services shall, not 38
later than 14 days before the hearing on the petition for adoption: 39
(a) Submit to the court a full written report regarding the 40
condition of the child and the suitability of the home of each 41
prospective adoptive parent, which must contain, without 42
limitation: 43
(1) A specific recommendation for or against approval of 44
the petition; and 45
– 16 –
- *AB227*
(2) A statement of whether the child is known to be an 1
Indian child; and 2
(b) Furnish to the court any other information regarding the 3
child or proposed home which the court requires. 4
4. The court, on good cause shown, may extend the time, 5
designating a time certain, within which to submit the report 6
required by subsection 3. 7
5. If the court is dissatisfied with the report submitted by the 8
agency which provides child welfare services, the court may order 9
an independent investigation of the home of the prospective 10
adoptive parents to be conducted and a report submitted by an 11
agency selected by the court. 12
6. The costs of the investigation and report under this section 13
may be assessed against the petitioner. 14
Sec. 41. A notice of the filing of a petition for adoption of a 15
child must be provided to all legal custodians or guardians of the 16
child who are not a parent of the child. 17
Sec. 42. 1. A report of an agency which provides child 18
welfare services submitted pursuant to section 40 of this act must 19
not be made a matter of public record, but must be given in writing 20
and in confidence to the district judge before whom the matter is 21
pending. 22
2. If the recommendation of the agency which provides child 23
welfare services submitted pursuant to section 40 of this act is 24
adverse, the district judge, before denying the petition for 25
adoption, shall give the petitioner an opportunity to rebut the 26
findings and recommendation of the report of the agency which 27
provides child welfare services. 28
Sec. 43. 1. Except as otherwise provided in NRS 239.0115, 29
all hearings held in proceedings under this chapter are 30
confidential and must be held in closed court, without admittance 31
of any person other than the petitioners, their witnesses, the 32
director of an agency which provides child welfare services, or 33
their authorized representatives, attorneys and persons entitled to 34
notice by this chapter, except by order of the court. 35
2. The files and records of the court in adoption proceedings 36
are not open to inspection by any person except: 37
(a) Upon an order of the court expressly so permitting 38
pursuant to a petition setting forth the reasons therefor; 39
(b) If a parent and the child are eligible to receive information 40
from the State Register for Adoptions of Children Who Were in 41
the Custody of an Agency Which Provides Child Welfare Services 42
established by section 19 of this act; or 43
(c) As provided pursuant to subsections 3 to 6, inclusive. 44
– 17 –
- *AB227*
3. An adoptive parent who intends to file a petition pursuant 1
to section 62 or 64 of this act to enforce, modify or terminate an 2
agreement that provides for postadoptive contact may inspect only 3
the portions of the files and records of the court concerning the 4
agreement for postadoptive contact. 5
4. A parent who intends to file a petition pursuant to section 6
62 of this act to prove the existence of or to enforce an agreement 7
that provides for postadoptive contact or to file an action pursuant 8
to NRS 41.509 may inspect only the portions of the files or records 9
of the court concerning the agreement for postadoptive contact. 10
5. Upon the request of a sibling or adoptive child who wishes 11
to enforce, modify or terminate an order for visitation included in 12
an order of adoption pursuant to section 73 of this act, the court 13
shall provide the case number of the adoption proceeding to the 14
sibling and allow the sibling to inspect only the portions of the 15
files or records of the court concerning the order for visitation. 16
6. The portions of the files and records which are made 17
available for inspection by an adoptive parent, parent or sibling 18
pursuant to subsection 3, 4 or 5 must not include any confidential 19
information, including, without limitation, any information that 20
identifies or would lead to the identification of a parent if the 21
identity of the parent is not included in the agreement for 22
postadoptive contact or order for visitation, as applicable. 23
Sec. 44. 1. Except as otherwise provided in subsection 2, a 24
prospective adoptive parent, child, representative of the agency 25
which provides child welfare services, or attorney for any party 26
may attend by telephone or video conference, in lieu of attending 27
in person, any hearing held by the court concerning the petition 28
for adoption. 29
2. A court for good cause shown may waive the appearance 30
of the child at any hearing concerning the petition for adoption. 31
Sec. 45. 1. If a court finds that the best interests of the 32
child warrant the granting of the petition, an order of adoption 33
must be made and filed ordering that henceforth the child is the 34
child of the petitioners. 35
2. When determining whether the best interests of the child 36
warrant the granting of a petition that is filed by a prospective 37
adoptive parent, the court shall give strong consideration to the 38
emotional bond between the child and the prospective adoptive 39
parent. 40
3. A copy of the order of adoption must be sent to the Division 41
by the petitioners not later than 7 days after the order is issued by 42
the court. 43
4. In an order of adoption, the court may change the name of 44
the child, if desired by the petitioners. 45
– 18 –
- *AB227*
5. An order of adoption may not be made until 6 months after 1
the placement of the child with the petitioners. 2
6. If the court is not satisfied that the proposed adoption is in 3
the best interests of the child, the court shall deny the petition and 4
custody remains with the agency which provides child welfare 5
services. 6
7. The court shall not deny a petition for adoption solely 7
because the petitioner: 8
(a) Is deaf, is blind or has another physical disability; or 9
(b) Is the holder of a valid registry identification card. 10
8. After a petition for adoption has been granted, there is a 11
presumption that remaining in the home of the adopting parent is 12
in the best interests of the child. 13
Sec. 46. 1. An order entered pursuant to section 45 of this 14
act must include: 15
(a) A finding that the petitioner complied with the inquiry 16
requirements under subsection 1 of NRS 125E.210 to determine 17
whether there is reason to know that the child is an Indian child; 18
and 19
(b) A finding that the child is or is not an Indian child. 20
2. In an adoption of an Indian child, the order must include: 21
(a) The birth name and date of birth of the Indian child, the 22
tribal affiliation of the Indian child and the name of the Indian 23
child after adoption; 24
(b) If known, the names and addresses of the parents; 25
(c) The names and addresses of the adoptive parents; 26
(d) The name and contact information for any agency having 27
files or information relating to the adoption; 28
(e) Any information relating to tribal membership or eligibility 29
for tribal membership of the Indian child; 30
(f) The determination regarding the residence, domicile and 31
tribal wardship status of the Indian child as required under 32
NRS 125E.250; 33
(g) A finding that the petitioner complied with the notice 34
requirements under subsection 2 of NRS 125E.220; 35
(h) If the adoptive placement and the parents entered into a 36
post-adoptive contact agreement or the adoptive placement and the 37
tribe of the Indian child has entered into an agreement that 38
requires the adoptive placement to maintain connection between 39
the child and the tribe of the Indian child, the terms of the 40
agreement; and 41
(i) A finding that the adoptive placement complies with the 42
placement preferences under NRS 125E.350 or, if the placement 43
does not comply with the placement preferences under NRS 44
125E.350, a finding upon the motion of the petitioner under 45
– 19 –
- *AB227*
subsection 3 of NRS 125E.350 that good cause exists for 1
placement contrary to the placement preferences. 2
3. For each finding or determination made under this 3
section, the court must provide a description of the facts upon 4
which the finding or determination is based. 5
4. Upon entry of the order of adoption of an Indian child, the 6
court shall provide to the United States Bureau of Indian Affairs 7
copies of the order entered pursuant to section 45 of this act, any 8
affidavit signed by a consenting parent requesting anonymity, 9
and all other required information in accordance with 25 C.F.R. 10
§ 23.140. 11
Sec. 47. 1. Except as otherwise provided in subsection 4, 12
the agency which provides child welfare services shall provide a 13
prospective adoptive parent with a report which includes: 14
(a) A copy of any medical records of the child which are in the 15
possession of the agency which provides child welfare services. 16
(b) Any information obtained by the agency which provides 17
child welfare services during interviews of the parent regarding: 18
(1) The medical and sociological history of the child and 19
the parents of the child; and 20
(2) Any behavioral, emotional or psychological problems 21
that the child may have. 22
(c) Written information regarding any subsidies, assistance 23
and other services that may be available to the child if it is 24
determined pursuant to section 53 of this act that the child has any 25
special needs. 26
2. Any information regarding any behavioral, emotional or 27
psychological problems that the child may have must be discussed 28
in accordance with policies established by an agency which 29
provides child welfare services pursuant to regulations adopted by 30
the Division for the disclosure of such information. 31
3. The agency which provides child welfare services shall 32
obtain from the prospective adoptive parent written confirmation 33
that the prospective adoptive parent has received the report 34
required pursuant to subsection 1. 35
4. The report required pursuant to subsection 1 must exclude 36
any information that would lead to the identification of a parent. 37
5. The Division shall adopt regulations specifying the 38
procedure and format for the provision of information pursuant to 39
this section, which may include the provision of a summary of 40
certain information. 41
6. If a summary is provided pursuant to this section, the 42
prospective adoptive parent may also obtain the information set 43
forth in subsection 1. 44
– 20 –
- *AB227*
Sec. 48. 1. After an order of adoption has been entered, the 1
court shall direct the petitioner or the attorney of the petitioner to 2
prepare a report of adoption to the State Registrar of Vital 3
Statistics, if the child was born in this State, or an equivalent 4
office responsible for vital statistics in the place of birth of the 5
child. 6
2. A report of adoption to the State Registrar of Vital 7
Statistics must be on a form prescribed and furnished by the State 8
Registrar of Vital Statistics. 9
3. A report described in subsection 1 must: 10
(a) Identify the original certificate of birth of the person 11
adopted; 12
(b) Provide sufficient information to prepare a new certificate 13
of birth for the person adopted; 14
(c) Identify the order of adoption; and 15
(d) Be certified by the clerk of the court. 16
4. The agency which provides child welfare services shall 17
provide the petitioner or the attorney of the petitioner with any 18
factual information which will assist in the preparation of a report 19
described in subsection 1. 20
5. If an order of adoption is amended or annulled, the 21
petitioner or the attorney of the petitioner shall prepare a report to 22
the State Registrar of Vital Statistics, if the child was born in this 23
State, or an equivalent office responsible for vital statistics in the 24
place of birth of the child, as applicable, which includes sufficient 25
information to identify the original order of adoption and the 26
provisions of that order which were amended or annulled. 27
6. The petitioner or the attorney of the petitioner shall 28
forward all reports required by the provisions of this section to the 29
State Registrar of Vital Statistics or the office responsible for vital 30
statistics in the place of birth of the child, as applicable, not later 31
than 30 days after the date that the order was entered, or more 32
frequently if requested by the State Registrar, together with any 33
related material required by the State Registrar, or office 34
responsible for vital statistics, as applicable. 35
Sec. 49. 1. Upon the entry of an order of adoption, the 36
child shall become the legal child of the persons adopting the 37
child, and such persons shall become the legal parents of the child 38
with all the rights and duties between them of parent and child. 39
2. By virtue of the adoption, the child shall inherit from the 40
adoptive parents or their relatives the same as though the child 41
were the natural child of such parents, and in case of the death of 42
the child intestate the adoptive parents and their relatives shall 43
inherit the estate of the child as if the adoptive parents had been 44
the natural parents and relatives in fact of the child. 45
– 21 –
- *AB227*
3. After an order of adoption, any parent who executed a 1
relinquishment or a specific consent to adoption that also 2
terminated parental rights is relieved of all parental 3
responsibilities for the adopted child and shall not exercise or have 4
any rights over the adopted child or the property of the adopted 5
child. 6
4. The child does not owe a parent whose parental rights have 7
been terminated any legal duty and may not inherit from a parent 8
whose parental rights have been terminated or kindred of a parent 9
whose parental rights have been terminated. 10
5. Notwithstanding any other provisions to the contrary in 11
this section, the adoption of a child does not in any way change 12
the status of the relationship between the child and any parent 13
who is a petitioner and whose parental rights have not been 14
terminated. 15
Sec. 50. 1. A parent may not bring an action to set aside an 16
adoption after a petition for adoption has been granted, unless a 17
court of competent jurisdiction has previously, in a separate 18
action: 19
(a) Set aside the specific consent to adoption; 20
(b) Set aside the relinquishment; or 21
(c) Reversed an order terminating the parental rights of the 22
parent. 23
2. After a petition for adoption has been granted, there is a 24
presumption for the purposes of this chapter that remaining in the 25
home of the adoptive parents is in the best interests of the child. 26
Sec. 51. 1. Except as otherwise provided in sections 59 to 27
64, inclusive, of this act, in a proceeding for the adoption of a 28
child, the court may grant a reasonable right to visit to: 29
(a) A sibling of the child if the child is in the custody of an 30
agency which provides child welfare services and a similar right 31
has been granted previously pursuant to NRS 432B.580; and 32
(b) Certain relatives of the child only if a similar right had 33
been granted previously pursuant to NRS 125C.050. 34
2. The agency which provides child welfare services shall 35
provide the court which is conducting the adoption proceedings 36
with a copy of any order for visitation with a sibling of the child 37
that was issued pursuant to NRS 432B.580. 38
3. The court may not grant a right to visit the child to any 39
person other than as specified in subsection 1. 40
Sec. 52. Any person against whom any order, judgment or 41
decree is made or who is affected thereby may appeal to the 42
appellate court of competent jurisdiction pursuant to the rules 43
fixed by the Supreme Court pursuant to Section 4 of Article 6 of 44
the Nevada Constitution from any order, judgment or decree of 45
– 22 –
- *AB227*
the district court made under the provisions of this chapter, in the 1
same manner as in other civil proceedings. 2
Sec. 53. 1. The agency which provides child welfare 3
services may consent to the adoption of a child with special needs 4
who is in the custody of the agency which provides child welfare 5
services by prospective adoptive parents when, in the judgment of 6
the agency which provides child welfare services, it would be in 7
the best interests of the child to be placed in that adoptive home. 8
2. The agency which provides child welfare services shall in a 9
timely and diligent manner: 10
(a) Schedule any evaluations necessary to identify any special 11
needs the child may have. 12
(b) If it determines that the child has any special needs: 13
(1) Notify the prospective adoptive parents: 14
(I) That the prospective adoptive parents may be eligible 15
for a grant of financial assistance pursuant to this section; and 16
(II) The manner in which to apply for such financial 17
assistance; and 18
(2) Assist the prospective adoptive parents in applying for 19
and satisfying any other prerequisites necessary to obtain a grant 20
of financial assistance pursuant to this section and any other 21
relevant subsidies and services which may be available. 22
3. The agency which provides child welfare services may 23
grant financial assistance for attorney’s fees in the adoption 24
proceeding, for maintenance and for preexisting physical or 25
mental conditions to the adoptive parents of a child with special 26
needs out of money provided for that purpose if the head of the 27
agency which provides child welfare services or the designee of 28
that person has reviewed and approved in writing the grant of 29
financial assistance. 30
4. The grant of financial assistance must be limited, both as 31
to amount and duration, by agreement in writing between the 32
agency which provides child welfare services and the prospective 33
adoptive parents, and the agreement must not become effective 34
before the entry of the order of adoption. 35
5. Any grant of financial assistance must be reviewed and 36
evaluated at least once annually by the agency which provides 37
child welfare services and the evaluation must be presented for 38
approval to the head of the agency which provides child welfare 39
services or the designee of that person. 40
6. If a determination is made under subsection 5 that 41
financial assistance must be discontinued, the agency which 42
provides child welfare services shall notify the adoptive parents of 43
that fact and discontinue the financial assistance to the adoptive 44
parents. 45
– 23 –
- *AB227*
7. All financial assistance provided under this section ceases 1
immediately when the child: 2
(a) Reaches 18 years of age, if the child is not enrolled in 3
school, or 19 years of age, if the child is enrolled in school; 4
(b) Graduates from high school, if the child is at least 18 years 5
of age; 6
(c) Becomes self-supporting; 7
(d) Is emancipated; or 8
(e) Dies. 9
8. Neither a grant of financial assistance pursuant to this 10
section nor any discontinuance of such assistance affects the legal 11
status or respective obligations of any party to the adoption. 12
9. A court shall waive all court costs of the prospective 13
adoptive parents in an adoption proceeding for a child with special 14
needs if the agency which provides child welfare services consents 15
to the adoption of such a child pursuant to this section. 16
10. The Division, in consultation with each agency which 17
provides child welfare services, shall adopt regulations regarding 18
eligibility for and the procedures for applying for a grant of 19
financial assistance pursuant to this section. 20
Sec. 54. 1. A petition to vacate an order of adoption of an 21
Indian child under this chapter may be filed in a court of 22
competent jurisdiction by a parent who consented to the adoption. 23
2. Upon the filing of a petition under this section, the court 24
shall set a time for a hearing on the petition and provide notice of 25
the petition and hearing to each party to the adoption proceeding 26
and to the tribe of the Indian child. 27
3. After a hearing on the petition, the court shall vacate the 28
order of adoption if: 29
(a) The petition is filed not later than 2 years after the date of 30
the order; and 31
(b) The court finds by clear and convincing evidence that the 32
consent of the parent was obtained through fraud or duress. 33
4. When the court vacates an order of adoption under this 34
section, the court shall also order that the parental rights of the 35
parent whose consent the court found was obtained through fraud 36
or duress be restored. 37
5. The order restoring parental rights under this section must 38
include a plan for the physical custody of the Indian child, 39
whether the Indian child will be placed with an agency which 40
provides child welfare services or with the parent. 41
Sec. 55. 1. If an order of adoption of an Indian child under 42
this chapter is vacated, the court vacating the order must notify, by 43
registered or certified mail with return receipt requested, the 44
former parents, prior Indian custodian, if any, and tribe of the 45
– 24 –
- *AB227*
Indian child and the appropriate agency which provides child 1
welfare services. 2
2. The notice required under subsection 1 must: 3
(a) Include the current and any former names of the Indian 4
child as reflected in the court record; 5
(b) Inform the recipient of the right to move the court for the 6
return of custody of and restoration of parental rights to the 7
Indian child, if appropriate, under this section; 8
(c) Provide sufficient information to allow the recipient to 9
participate in any scheduled hearings; and 10
(d) Be sent to the last known address in the court record. 11
3. A former parent or prior Indian custodian of an Indian 12
child may waive notice under this section by executing a waiver of 13
notice in person before the court and filing the waiver with the 14
court. 15
4. The waiver described in subsection 3 must clearly set out 16
any conditions to the waiver. 17
5. Before the execution of the waiver described in subsection 18
3, the court must explain to the former parent or prior Indian 19
custodian, on the record in detail and in the language of the 20
former parent or prior Indian custodian: 21
(a) The right to legal counsel of the former parent, if 22
applicable; 23
(b) The terms and consequences of the waiver; and 24
(c) How the waiver may be revoked. 25
6. After execution of the waiver pursuant to subsection 3, the 26
court shall certify that it provided the explanation as required 27
under subsection 5 and that the former parent or prior Indian 28
custodian fully understood the explanation. 29
7. At any time before the entry of an order of adoption of an 30
Indian child, the former parent or prior Indian custodian may 31
revoke a waiver executed by the former parent or prior Indian 32
custodian pursuant to subsection 3 by filing a written revocation 33
with the court or by making a statement of revocation on the 34
record in a proceeding for the adoption of the Indian child. 35
8. If an order of adoption of an Indian child under this 36
chapter is vacated other than as provided in NRS 125E.360, a 37
former parent or prior Indian custodian of an Indian child may 38
intervene in the proceeding and move the court for the Indian 39
child to be returned to the custody of the former parent or prior 40
Indian custodian and for the parental rights to the Indian child to 41
be restored. 42
9. The moving party described in subsection 8 shall provide 43
by registered or certified mail, return receipt requested, notice of 44
the motion for the Indian child to be returned to the custody of the 45
– 25 –
- *AB227*
former parent or prior Indian custodian and the time set for filing 1
objections to the motion, together with notice of proceeding in the 2
form required under subsection 3 of NRS 125E.220 to: 3
(a) The agency which provides child welfare services in the 4
county in which the order was vacated; 5
(b) Each tribe of which the child may be a member or in which 6
the Indian child may be eligible for membership; 7
(c) The parents of the child; 8
(d) The Indian custodian of the child, if applicable; and 9
(e) The appropriate Regional Director of the United States 10
Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the 11
identity or location of the parents of the child cannot be 12
ascertained. 13
10. The petitioner shall file a declaration of compliance, 14
including a copy of each notice sent under subsection 9, together 15
with any return receipts or other proof of service. 16
11. Upon the filing of an objection to a motion made 17
pursuant to subsection 8, the court shall fix the time for hearing 18
on objections. 19
12. The court shall order the Indian child to be returned to 20
the custody of the former parent or prior Indian custodian or 21
restore the parental rights to the Indian child unless the court 22
finds, by clear and convincing evidence, that the return of custody 23
or restoration of parental rights is not in the best interests of the 24
child, as described in NRS 125E.230. If the court orders the 25
Indian child to be returned to the custody of the former parent or 26
prior Indian custodian, the order of the court must include a 27
transition plan for the physical custody of the child, which may 28
include protective supervision. 29
13. As used in this section: 30
(a) “Former parent” means a person who was previously the 31
parent of an Indian child subject to an order of adoption under 32
this chapter and whose parental rights have not been restored 33
under section 54 of this act. 34
(b) “Prior Indian custodian” means a person who was 35
previously the custodian of an Indian child subject to an order of 36
adoption of the child under this chapter. 37
Sec. 56. 1. Notwithstanding any other provision of law, if a 38
tribe of an Indian child or the United States Secretary of the 39
Interior requests access to the adoption records of an Indian child, 40
the court must make the records available not later than 14 days 41
following the date of the request. 42
2. The records made available under subsection 1 must, at a 43
minimum, include the petition, all substantive orders entered in 44
the adoption proceeding, the complete record of the placement 45
– 26 –
- *AB227*
finding and, if the placement departs from the placement 1
preferences under NRS 125E.350, detailed documentation of the 2
efforts to comply with the placement preferences. 3
Sec. 57. 1. In a proceeding for the adoption of a child, not 4
later than 90 days after service of a petition upon the appropriate 5
agency which provides child welfare services as required pursuant 6
to section 39 of this act, the agency which provides child welfare 7
services shall file with the court an ICWA compliance report, 8
which must reflect the review by the agency which provides child 9
welfare services of the petition and advise the court on whether the 10
documentation submitted by the petitioner is sufficient and 11
complete for the court to make the findings required pursuant to 12
subsection 2. Nothing in this section requires the agency which 13
provides child welfare services to make a determination of law 14
regarding the documentation provided by the petitioner. 15
2. Upon receiving an ICWA compliance report, the court 16
shall order the matter to proceed if the court finds that the 17
petitioner satisfied the inquiry requirements under subsection 1 of 18
NRS 125E.210 and, if applicable, the notice requirements under 19
subsection 2 of NRS 125E.220. If the court finds that: 20
(a) Subject to the procedures under subsection 3 of NRS 21
125E.210, the child is an Indian child, the order by the court 22
under this subsection must include a finding regarding whether 23
the proposed adoptive placement complies with the preferences 24
under NRS 125E.350. If the court finds that the proposed adoptive 25
placement does not comply with such preferences or that the 26
documentation provided by the petitioner is insufficient for the 27
court to make a finding, the court shall direct the petitioner to 28
amend the petition to cure the deficiency or file a motion under 29
subsection 3 of NRS 125E.350, for authority to make the 30
placement contrary to the placement preferences under 31
NRS 125E.350. 32
(b) The petitioner failed to satisfy the inquiry requirements 33
under subsection 1 of NRS 125E.210 or, if applicable, the notice 34
requirements under subsection 2 of NRS 125E.220, or if the 35
documentation supplied by the petitioner is insufficient for the 36
court to make those findings, the court shall direct the petitioner to 37
cure the inquiry or notice deficiency and file an amended petition. 38
If the court directs the petitioner to file an amended petition 39
pursuant to this subsection or a motion and the petitioner fails to 40
do so within a reasonable amount of time, the court shall order the 41
petitioner to appear and show cause why the court should not 42
dismiss the petition. 43
3. The Division shall adopt regulations providing a 44
nonexhaustive description of the documentation that petitioners or 45
– 27 –
- *AB227*
moving parties in proceedings under this chapter and chapter 127 1
of NRS may submit to the court to document compliance with the 2
inquiry requirements under subsection 1 of NRS 125E.210 and 3
notice requirements under subsection 2 of NRS 125E.220 and the 4
placement preferences under NRS 125E.350, including, without 5
limitation: 6
(a) Descriptions of the consultations the petitioner or moving 7
party made with the persons described in subsection 1 of NRS 8
125E.210 and subsection 3 of NRS 125E.220 and the responses 9
the petitioner or moving party obtained; 10
(b) Descriptions of any oral responses and copies of any 11
written responses the petitioner or moving party obtained from the 12
persons described in subsection 1 of NRS 125E.210 and 13
subsection 3 of NRS 125E.220; 14
(c) Copies of any identification cards or other records 15
indicating the membership of the child or the parent of the child in 16
an Indian tribe; 17
(d) Copies of any tribal court records regarding the Indian 18
child; 19
(e) Any reports, declarations or testimony on the record 20
documenting the due diligence of the petitioner or moving party to 21
identify and work with all of the tribes of which the petitioner or 22
moving party has reason to know that the child may be a member 23
or in which the child may be eligible for membership; and 24
(f) The declaration of compliance regarding the notices the 25
petitioner sent, as described in NRS 127.115 and section 39 of this 26
act. 27
4. The Division shall adopt any other regulations for the 28
preparation of ICWA compliance reports that are necessary for 29
agencies which provide child welfare services to carry out their 30
duties under this chapter. 31
5. The Court Administrator may prepare and make available 32
to the public forms and information to assist petitioners to comply 33
with the requirements under this section and NRS 125E.210, 34
125E.220, 125E.350 and 127.115 and section 39 of this act and 35
any related rules or regulations, including, without limitation: 36
(a) Forms of petitions required under NRS 127.115 and 37
section 39 of this act, motions to request a deviation from the 38
placement preferences under subsection 3 of NRS 125E.350 and 39
notices required under subsection 3 of NRS 125E.220; and 40
(b) Worksheets and checklists to assist petitioners with the 41
inquiry required under subsection 1 of NRS 125E.210 and the 42
notices required under subsection 2 of NRS 125E.220, and 43
assessing whether proposed adoptive placements satisfy the 44
preferences under NRS 125E.350. 45
– 28 –
- *AB227*
6. The Court Administrator may design and offer trainings to 1
courts having jurisdiction over adoption matters regarding the 2
application of chapter 125E of NRS, NRS 127.041, 127.115, 3
127.151, 127.1861, 127.1863 and 127.1865 and sections 27, 39, 46 4
and 54 to 58, inclusive, of this act to adoptions of children, 5
including, without limitation, identifying when there is reason to 6
know that the child is an Indian child and making findings 7
regarding the sufficiency of inquiry and notice and the 8
appropriateness of adoptive placements. 9
7. As used in this section, “ICWA compliance report” means 10
a written report prepared by an agency which provides child 11
welfare services concerning compliance with the Indian Child 12
Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq. 13
Sec. 58. 1. If the court determines that tribal customary 14
adoption is in the best interests, as described in NRS 125E.230, of 15
a ward who is an Indian child and the tribe of the Indian child 16
consents to the tribal customary adoption: 17
(a) The appropriate agency which provides child welfare 18
services shall provide the tribe of the Indian child and prospective 19
tribal customary adoptive parents with a written report on the 20
Indian child, including, without limitation, to the extent not 21
otherwise prohibited by state or federal law, the medical 22
background, if known, of the parents of the Indian child, and any 23
educational information, developmental history and medical 24
background of the Indian child, including all known diagnostic 25
information, current medical reports and any psychological 26
evaluations. 27
(b) The court shall accept a tribal customary adoptive home 28
study conducted by the tribe of the Indian child if the home study: 29
(1) Includes federal criminal background checks, including 30
reports of child abuse, that meet the standards applicable under 31
the laws of this State for all other proposed adoptive placements; 32
(2) Uses the prevailing social and cultural standards of the 33
tribe of the Indian child as the standards for evaluation of the 34
proposed adoptive placement; 35
(3) Includes an evaluation of the background, safety and 36
health information of the proposed adoptive placement, including 37
the biological, psychological and social factors of the proposed 38
adoptive placement and assessment of the commitment, capability 39
and suitability of the proposed adoptive placement to meet the 40
needs of the Indian child; and 41
(4) Except where the proposed adoptive placement is the 42
current foster care placement of the Indian child, is completed 43
before the placement of the Indian child in the proposed adoptive 44
placement. 45
– 29 –
- *AB227*
(c) Notwithstanding subsection 2, the court may not accept the 1
order or judgment of tribal customary adoption of a tribe if any 2
adult living in the proposed adoptive placement has a felony 3
conviction for child abuse or neglect, spousal abuse, crimes 4
against a child, including child pornography, or a crime involving 5
violence. The Division shall, by regulation, define “crime 6
involving violence” for the purposes of this paragraph. The 7
definition must include rape, sexual assault and homicide, but 8
must not include other physical assault or battery. 9
2. The court shall accept an order or judgment for tribal 10
customary adoption that is filed by the tribe of the Indian child if: 11
(a) The court determines that tribal customary adoption is an 12
appropriate permanent placement option for the Indian child; 13
(b) The court finds that the tribal customary adoption is in the 14
best interests of the Indian child, as described in NRS 125E.230; 15
and 16
(c) The order or judgment: 17
(1) Includes a description of the modification of the legal 18
relationship of the parents or Indian custodian of the Indian child 19
and the Indian child, including any contact between the Indian 20
child and the parents or Indian custodian of the Indian child, 21
responsibilities of the parents or Indian custodian of the Indian 22
child and the rights of inheritance of the parents and the Indian 23
child; 24
(2) Includes a description of the legal relationship of the 25
Indian child with the tribe; and 26
(3) Does not include any child support obligation from the 27
parents or Indian custodian of the Indian child. 28
The court shall afford full faith and credit to a tribal customary 29
adoption order or judgment that is accepted under this subsection. 30
3. A tribal customary adoptive parent is not required to file a 31
petition for adoption when the court accepts a tribal customary 32
adoption order or judgment under subsection 2. The clerk of the 33
court may not charge or collect a fee for a proceeding under this 34
subsection. 35
4. After accepting a tribal customary adoption order or 36
judgment under subsection 2, the court that accepted the order or 37
judgment shall proceed as provided in NRS 127.150 or section 45 38
of this act and enter an order of adoption. In addition to the 39
requirements under NRS 127.151 or section 46 of this act, the 40
order of adoption must include a statement that any parental 41
rights or obligations not specified in the order are transferred to 42
the tribal customary adoptive parents and a description of any 43
parental rights or duties retained by the parents of the Indian 44
child, the rights of inheritance of the parents and Indian child and 45
– 30 –
- *AB227*
the legal relationship of the Indian child with the tribe of the 1
Indian child. 2
5. A tribal customary adoption under this section does not 3
require the consent of the Indian child or the parents of the Indian 4
child. 5
6. Upon the entry of an order of adoption under this section, 6
the jurisdiction of the court over the Indian child terminates. 7
7. Any parental rights or obligations not specifically retained 8
by the parents of the Indian child in the order of adoption are 9
conclusively presumed to transfer to the tribal customary adoptive 10
parents. 11
8. This section remains operative only to the extent that 12
compliance with the provisions of this section do not conflict with 13
federal law as a condition of receiving funding under Part E of 14
Title IV of the Social Security Act, 42 U.S.C. §§ 601 et seq. 15
9. The Division shall adopt regulations requiring that any 16
report regarding a ward who is an Indian child that an agency 17
which provides child welfare services submits to the court, 18
including any home studies, placement reports or other reports 19
required by law, must address tribal customary adoption as a 20
permanency option. The Supreme Court may adopt rules 21
necessary for the court processes to implement the provisions of 22
this section, and the Court Administrator may prepare necessary 23
forms for the implementation of this section. 24
10. As used in this section, “tribal customary adoption” 25
means the adoption of an Indian child, by and through the tribal 26
custom, traditions or law of the tribe of the Indian child, and 27
which may be effected without the termination of parental rights. 28
Sec. 59. 1. Each parent and each prospective adoptive 29
parent of a child for adoption may enter into an enforceable 30
agreement that provides for postadoptive contact between: 31
(a) The child and a parent; 32
(b) Each adoptive parent and each parent; 33
(c) Any combination of the persons described in paragraphs 34
(a) and (b). 35
2. An agreement that provides for postadoptive contact is 36
enforceable if: 37
(a) The agreement is in writing; 38
(b) The agreement is signed by each prospective adoptive 39
parent; 40
(c) The agreement is signed by each parent before: 41
(1) The termination of the parental rights of the parent; 42
(2) The execution of a relinquishment; or 43
(3) The execution of a specific consent to adoption; 44
– 31 –
- *AB227*
(d) The agreement is incorporated into an order of adoption; 1
and 2
(e) Before the child is adopted: 3
(1) The agency which provides child welfare services 4
determines that the agreement is in the best interests of the child; 5
or 6
(2) The court determines, after a hearing, that the 7
agreement is in the best interests of the child. 8
3. The identity of a parent is not required to be included in an 9
agreement that provides for postadoptive contact, and if such 10
information is withheld, an agent who may receive service of 11
process must be provided in the agreement. 12
4. A parent or adoptive parent who enters into an agreement 13
that provides for postadoptive contact shall include in the 14
agreement: 15
(a) A physical address at which the parent or adoptive parent 16
may receive service of a petition filed pursuant to section 62 of this 17
act by certified or registered mail, return receipt requested; or 18
(b) An electronic mail address at which the parent or adoptive 19
parent may receive service of a petition filed pursuant to section 20
62 of this act. 21
5. If a parent or adoptive parent refuses or fails to include a 22
physical address or an electronic mail address in an agreement 23
that provides for postadoptive contact pursuant to subsection 4, the 24
court may, on the date on which the court enters an order of 25
adoption which incorporates the agreement, order the agency 26
which provides child welfare services to provide the court with the 27
physical address of the parent or adoptive parent who refused or 28
failed to include the physical address or electronic mail address. 29
6. If a court orders the provision of information pursuant to 30
subsection 5, the court shall: 31
(a) Append the physical address to the agreement for 32
postadoptive contact; and 33
(b) Make the physical address available to any party to the 34
agreement who wishes to file a petition pursuant to section 62 of 35
this act. 36
7. If a parent or adoptive parent changes the physical address 37
or electronic mail address that was included in an agreement that 38
provides for postadoptive contact pursuant to subsection 4, the 39
parent or adoptive parent, as applicable, shall file with the clerk of 40
the court notice of the change not later than 15 days after the 41
change. 42
8. A court that enters an order of adoption which 43
incorporates an agreement that provides for postadoptive contact 44
– 32 –
- *AB227*
shall retain jurisdiction to enforce, modify or terminate the 1
agreement that provides for postadoptive contact until: 2
(a) The child reaches 18 years of age; 3
(b) The child becomes emancipated; or 4
(c) The agreement is terminated. 5
9. The establishment of an agreement that provides for 6
postadoptive contact does not affect the rights of an adoptive 7
parent as the legal parent of the child as set forth in section 49 of 8
this act. 9
Sec. 60. 1. Each prospective adoptive parent who enters 10
into an agreement that provides for postadoptive contact pursuant 11
to section 59 of this act shall notify the court responsible for 12
entering the order of adoption of the existence of the agreement as 13
soon as practicable after the agreement is established by the 14
parties, but not later than the time at which the court enters the 15
order of adoption. 16
2. Each director or other authorized representative of the 17
agency which provides child welfare services involved in the 18
adoption proceedings concerning the child and each attorney 19
representing a prospective adoptive parent, the child or the agency 20
which provides child welfare service shall, as soon as practicable 21
after obtaining actual knowledge that a prospective adoptive 22
parent and a parent have entered into an agreement that provides 23
for postadoptive contact pursuant to section 59 of this act, notify 24
the court responsible for entering the order of adoption of the 25
existence of the agreement. 26
Sec. 61. 1. Before a court may enter an order of adoption, 27
the court must address: 28
(a) Each prospective adoptive parent of the child to be 29
adopted; 30
(b) Each director or authorized representative of the agency 31
which provides child welfare services involved in the adoption 32
proceedings concerning the child; and 33
(c) Each attorney representing a prospective adoptive parent, 34
the child and the agency which provides child welfare services in 35
the adoption proceedings concerning the child, 36
and inquire whether the person has actual knowledge that any 37
prospective adoptive parent and any parent have entered into an 38
agreement that provides for postadoptive contact pursuant to 39
section 59 of this act. 40
2. If a court determines that any prospective adoptive parent 41
and any parent has entered into an agreement that provides for 42
postadoptive contact pursuant to section 59 of this act, the court 43
shall: 44
– 33 –
- *AB227*
(a) Order the prospective adoptive parent to provide a copy of 1
the agreement to the court; and 2
(b) Incorporate the agreement into the order of adoption. 3
Sec. 62. 1. A parent who has entered into an agreement 4
that provides for postadoptive contact pursuant to section 59 of 5
this act may, for good cause shown: 6
(a) Petition the court that entered the order of adoption of the 7
child to prove the existence of the agreement that provides for 8
postadoptive contact and to request that the agreement be 9
incorporated into the order of adoption; and 10
(b) During the period set forth in subsection 2 of section 63 of 11
this act, petition the court that entered the order of adoption of the 12
child to enforce the terms of the agreement that provides for 13
postadoptive contact if the agreement complies with the 14
requirements of subsection 2 of section 59 of this act. 15
2. An adoptive parent who has entered into an agreement that 16
provides for postadoptive contact pursuant to section 59 of this act 17
may: 18
(a) During the period set forth in subsection 2 of section 63 of 19
this act, petition the court that entered the order of adoption of the 20
child to enforce the terms of the agreement that provides for 21
postadoptive contact if the agreement complies with the 22
requirements of subsection 2 of section 59 of this act; and 23
(b) Petition the court that entered the order of adoption of the 24
child to modify or terminate the agreement that provides for 25
postadoptive contact in the manner set forth in section 64 of this 26
act. 27
3. A petition filed pursuant to this section must be: 28
(a) Filed under the same case number as the proceeding for 29
adoption; 30
(b) Served by the parent or adoptive parent who filed the 31
petition upon each other parent or adoptive parent, as applicable, 32
who has entered into the agreement that provides for postadoptive 33
contact using the method of service provided pursuant to 34
subsection 4 or 5 of section 59 of this act; and 35
(c) Heard by: 36
(1) If available, the judge who issued the order of adoption; 37
(2) If the judge described in subparagraph (1) is 38
unavailable and if a family court has been established in the 39
judicial district, a judge of the family court; or 40
(3) If the judge described in subparagraph (1) is 41
unavailable and if a family court has not been established in the 42
judicial district, any district judge of the judicial district. 43
Sec. 63. 1. The failure of a party to comply with the terms 44
of an agreement that provides for postadoptive contact entered 45
– 34 –
- *AB227*
into pursuant to section 59 of this act may not be used as a ground 1
to: 2
(a) Set aside an order of adoption; 3
(b) Revoke, nullify or set aside a valid specific consent to an 4
adoption or a relinquishment; or 5
(c) Except as otherwise provided in NRS 41.509, award any 6
civil damages to a party to the agreement. 7
2. Any action to enforce the terms of an agreement that 8
provides for postadoptive contact must be commenced not later 9
than 120 days after the date on which the agreement was breached 10
by a party. 11
Sec. 64. 1. An agreement that provides for postadoptive 12
contact entered into pursuant to section 59 of this act may only be 13
modified or terminated by an adoptive parent petitioning the court 14
that entered the order which included the agreement. 15
2. A court may not grant a request to modify or terminate an 16
agreement pursuant to subsection 1 unless: 17
(a) The adoptive parent petitioning the court for the 18
modification or termination establishes that: 19
(1) A change in circumstances warrants the modification or 20
termination; and 21
(2) The contact provided for in the agreement is no longer 22
in the best interests of the child; or 23
(b) Each party to the agreement consents to the modification 24
or termination. 25
3. If an adoptive parent petitions the court for a modification 26
or termination of an agreement pursuant to this section: 27
(a) There is a presumption that the modification or 28
termination is in the best interests of the child; and 29
(b) The court may consider the wishes of the child involved in 30
the agreement. 31
4. Any order issued pursuant to this section to modify an 32
agreement that provides for postadoptive contact: 33
(a) May limit, restrict, condition or decrease contact between 34
the parties involved in the agreement; and 35
(b) May not expand or increase the contact between the parties 36
involved in the agreement or place any new obligation on an 37
adoptive parent. 38
Sec. 65. 1. The Division shall, in consultation with each 39
agency which provides child welfare services, adopt: 40
(a) Regulations concerning the operation of an agency which 41
provides child welfare services. 42
(b) Regulations establishing the procedure to be used by an 43
agency which provides child welfare services in placing children 44
for adoption, which must allow each parent and each prospective 45
– 35 –
- *AB227*
adoptive parent to determine, by mutual agreement, the amount of 1
identifying information that will be communicated concerning 2
each parent and prospective adoptive parent, respectively. 3
(c) Any other regulations necessary to carry out its powers and 4
duties regarding the adoption of children or the placement of 5
children for adoption or permanent free care, including, without 6
limitation, such regulations necessary to ensure compliance with 7
the provisions of this chapter and any regulations adopted 8
pursuant thereto. 9
2. Each agency which provides child welfare services shall 10
conform to the standards established and the regulations adopted 11
pursuant to subsection 1. 12
Sec. 66. 1. Except as otherwise provided in this section: 13
(a) In a county whose population is less than 100,000, the 14
Division shall, in accordance with NRS 432.014; and 15
(b) In a county whose population is 100,000 or more, the 16
board of county commissioners of the county shall, by ordinance, 17
charge reasonable fees for the services provided by an agency 18
which provides child welfare services in placing, arranging the 19
placement of or assisting in placing or arranging the placement of 20
any child for adoption, and for conducting a home study. 21
2. The fees charged pursuant to subsection 1 must vary based 22
on criteria developed by the Division and board of county 23
commissioners but must not exceed the usual and customary fees 24
that child-placing agencies in the area where the services are 25
provided, or in a similar geographic area, would charge for those 26
services. 27
3. The Division and board of county commissioners shall not 28
discriminate between adoptions made through an agency which 29
provides child welfare services and other adoptions in setting the 30
fees pursuant to subsection 1. 31
4. A fee described in subsection 1 must not be charged for 32
services related to the adoption of a child with special needs. 33
5. An agency which provides child welfare services may waive 34
or reduce any fee charged pursuant to this section if the agency 35
which provides child welfare services determines that the adoptive 36
parents are not able to pay the fee or the needs of the child require 37
a waiver or reduction of the fee. 38
6. Any money that is collected by an agency which provides 39
child welfare services in a county whose population is less than 40
100,000 pursuant to this section must be accounted for in the 41
appropriate account of the Division and may only be used to pay 42
for the costs of any adoptive or postadoptive services provided by 43
any agency which provides child welfare services in a county 44
whose population is less than 100,000. 45
– 36 –
- *AB227*
7. Any money collected by an agency which provides child 1
welfare services in a county whose population is 100,000 or more 2
pursuant to this section must be deposited in the county treasury 3
for the credit of the agency which provides child welfare services 4
and may only be used to pay for the costs of any adoption or 5
postadoptive services provided by the agency which provides child 6
welfare services. 7
Sec. 67. 1. Except as otherwise provided in subsection 3, an 8
agency which provides child welfare services shall conduct a study 9
of the home of a prospective adoptive parent to determine the 10
suitability of the home for placement of a child for adoption. 11
2. In conducting the study of the home pursuant to 12
subsection 1, the agency which provides child welfare services 13
shall investigate the medical, mental, financial and moral 14
background of the prospective adoptive parent and any other 15
relevant factor relating to the qualifications of the prospective 16
adoptive parent. 17
3. If the home of a prospective adoptive parent is located 18
outside of this State and the child for adoption is not related to the 19
prospective adoptive parent by blood within the third degree of 20
consanguinity, an agency which provides child welfare services 21
must receive a copy of a report from the appropriate authority in 22
that state of an investigation of the home of the prospective 23
adoptive parent and the medical, mental, financial and moral 24
background of the prospective adoptive parent, which must be 25
used by the agency which provides child welfare services to 26
determine the suitability of the home for placement of the child for 27
adoption. 28
Sec. 68. 1. A prospective adoptive parent who is subject to a 29
home study shall submit as part of the home study a complete set 30
of fingerprints and written permission authorizing the agency 31
which provides child welfare services to forward those fingerprints 32
to the Central Repository for Nevada Records of Criminal History 33
for submission to the Federal Bureau of Investigation for its 34
report. 35
2. The agency which provides child welfare services may 36
exchange with the Central Repository or the Federal Bureau of 37
Investigation any information respecting the fingerprints 38
submitted pursuant to subsection 1. 39
3. When a report from the Federal Bureau of Investigation is 40
received by the Central Repository, it must immediately forward a 41
copy of the report to the agency which provides child welfare 42
services that submitted the fingerprints pursuant to subsection 1. 43
4. Any fees for fingerprinting and submission to the Central 44
Repository and the Federal Bureau of Investigation required by 45
– 37 –
- *AB227*
this section must be paid by the prospective adoptive parent, except 1
that: 2
(a) In a county whose population is less than 100,000, the 3
Division may adopt regulations providing for the payment of those 4
fees by the Division; or 5
(b) In a county whose population is 100,000 or more, the 6
board of county commissioners may provide by ordinance for the 7
payment of those fees by the agency which provides child welfare 8
services. 9
Sec. 69. 1. The Division, in consultation with each agency 10
which provides child welfare services, shall adopt regulations 11
setting forth the criteria to be used by an agency with provides 12
child welfare services for determining whether a prospective 13
adoptive home is suitable or unsuitable for the placement of a 14
child for adoption. 15
2. Upon completion of a home study, the agency which 16
provides child welfare services must inform each prospective 17
adoptive parent of the initial results of the home study. 18
3. If, pursuant to the home study, an initial determination is 19
made that a prospective adoptive home is unsuitable for placement 20
or detrimental to the interest of the child, the agency which 21
provides child welfare services must provide each prospective 22
adoptive parent with an opportunity to review and respond to the 23
home study with the agency which provides child welfare services 24
before the issuance of the official results of the home study. 25
4. Except as otherwise provided in NRS 239.0115, the identity 26
of a person who is interviewed or submits information concerning 27
a home study must remain confidential. 28
5. An agency which provides child welfare services shall not 29
determine that a prospective adoptive home is unsuitable for 30
placement or detrimental to the interest of the child solely because 31
a prospective adoptive parent: 32
(a) Is deaf, is blind or has another physical disability; or 33
(b) Is the holder of a valid registry identification card. 34
Sec. 70. 1. If an agency which provides child welfare 35
services believes that a person has violated or is about to violate 36
this chapter, in addition to any other penalty or remedy provided 37
by law, the agency which provides child welfare services may 38
petition the appropriate district court for an order to restrain and 39
enjoin the violation or threatened violation of this chapter, or to 40
compel compliance with this chapter. 41
2. If an agency which provides child welfare services files a 42
petition described in subsection 1 and a court determines that a 43
child has been or was about to be placed in a prospective adoptive 44
home in violation of this chapter, the court may prohibit the 45
– 38 –
- *AB227*
placement if the child was about to be so placed, or order the 1
removal of the child if the child was so placed within 6 months 2
before the filing of the petition by the agency which provides child 3
welfare services. 4
Sec. 71. 1. If an agency which provides child welfare 5
services believes that a person has received for the purposes of 6
adoption or permanent free care a child not related by blood to the 7
person and the agency which provides child welfare services does 8
not file a petition pursuant to section 70 of this act, the agency 9
which provides child welfare services shall investigate the 10
prospective adoptive home. 11
2. Upon the completion of the investigation required 12
pursuant to subsection 1, if the prospective adoptive home is found 13
suitable for the child, each prospective adoptive parent must be 14
allowed 6 months from the date of completion of the investigation 15
to file a petition for adoption. 16
3. If a prospective adoptive parent does not file a petition for 17
adoption as prescribed by subsection 2, a license as a foster home 18
must be issued pursuant to NRS 424.030 if the home meets 19
established standards. 20
4. If, in the opinion of the agency which provides child 21
welfare services, the placement is detrimental to the interest of the 22
child, the agency which provides child welfare services must file 23
an application with the district court for an order for the removal 24
of the child from the home. 25
5. If the court determines that the child should be removed 26
from the prospective adoptive home, the court may nullify the 27
written specific consent to adoption and order the return of 28
the child to the care and control of the parent who executed the 29
consent, but if the parental rights of the parent have been 30
terminated by a relinquishment or a final order of a court of 31
competent jurisdiction or if the parent does not wish to accept the 32
child, the court may order the placement of the child with the 33
agency which provides child welfare services for adoption. 34
Sec. 72. An agency which provides child welfare services 35
shall, to the extent practicable, give preference to the placement of 36
a child for adoption or permanent free care together with the 37
siblings of the child. 38
Sec. 73. 1. If a child who is in the custody of an agency 39
which provides child welfare services is placed for adoption, the 40
agency which provides child welfare services must provide the 41
court which is conducting the adoption proceedings with a copy of 42
any order for visitation with a sibling of the child that was issued 43
pursuant to NRS 432B.580. 44
– 39 –
- *AB227*
2. The court shall incorporate an order for visitation provided 1
to the court pursuant to subsection 1 into the order of adoption 2
unless, not later than 30 days after notice of the filing of the 3
petition for adoption is provided to all legal custodians or 4
guardians of the child who are required to be provided with such 5
notice pursuant to section 41 of this act, any interested party in the 6
adoption, including, without limitation, the prospective adoptive 7
parent, the adoptive child, a sibling of the adoptive child or the 8
agency which provides child welfare services petitions the court to 9
exclude the order for visitation with a sibling from the order of 10
adoption or amend the order for visitation before including the 11
order for visitation in the order of adoption. 12
3. The hearing on a petition to exclude or amend the order 13
for visitation submitted pursuant to subsection 2 must be held on 14
the same day as the hearing on the petition for adoption. 15
4. Any interested party is entitled to participate in the hearing 16
on the petition to exclude or amend the order for visitation 17
submitted pursuant to subsection 2. 18
5. The clerk of the court shall give written notice of the time 19
and place of the hearing on the petition to exclude or amend the 20
order for visitation submitted pursuant to subsection 2 to each 21
prospective adoptive parent, the adoptive child, a sibling of the 22
adoptive child, the attorney for the adoptive child or a sibling of 23
the adoptive child and the agency which provides child welfare 24
services. 25
6. Upon the petition of a sibling requesting the inclusion of 26
an order for visitation in the order of adoption, the court may 27
require the agency which provides child welfare services to 28
provide the clerk of the court with the contact information of each 29
prospective adoptive parent, the adoptive child and the attorney for 30
the adoptive child. 31
7. If an agency which provides child welfare services is 32
ordered to provide contact information pursuant to subsection 6, 33
the agency which provides child welfare services must provide 34
such contact information under seal. 35
8. The sole consideration of the court in making a 36
determination concerning visitation with a sibling pursuant to this 37
section is the best interests of the child. 38
9. If a petition to amend or exclude an order for visitation is 39
submitted pursuant to subsection 2, the court must not enter an 40
order of adoption until the court has made a determination 41
concerning visitation with a sibling. 42
10. If an order for visitation with a sibling is included in an 43
order of adoption, the court shall, upon the request of a party to 44
the order for visitation, provide to the party the case number of the 45
– 40 –
- *AB227*
adoption proceeding and any documents or records necessary to 1
enforce, modify or terminate the order for visitation. 2
11. A party to an order for visitation with a sibling may 3
petition for enforcement, modification or termination of the order 4
at any time while the order is in effect. 5
12. A person who fails to comply with an order for visitation 6
with a sibling is in contempt of court. 7
13. If a party to an order for visitation with a sibling 8
withholds the contact information of any person in violation of the 9
order, the court may order the agency which provides child 10
welfare services to provide such contact information to the court 11
under seal. 12
Sec. 74. An agency which provides child welfare services 13
may post on an Internet website, publish in a newspaper in this 14
State or broadcast by television a photograph of and relevant 15
personal information concerning a child who is available for 16
adoption. 17
Sec. 75. 1. Except as otherwise provided in subsection 2, if 18
an adoption would be governed by the provisions of this chapter, 19
an attorney licensed to practice law in this State or in any other 20
state may not receive compensation for: 21
(a) Taking part in finding a child for adoption; 22
(b) Finding a person to adopt a child. 23
2. An attorney licensed to practice law in this State or in any 24
other state may receive reasonable compensation for legal services 25
provided in relation to adoption proceedings governed by the 26
provisions of this chapter. 27
3. An agency which provides child welfare services shall 28
report a violation of subsection 1 to: 29
(a) The State Bar of Nevada if the alleged violator is licensed 30
to practice law in this State; or 31
(b) The bar association of the state in which the alleged 32
violator is licensed to practice law. 33
4. A person who violates the provisions of subsection 1 is 34
guilty of a misdemeanor. 35
Sec. 76. NRS 125E.210 is hereby amended to read as follows: 36
125E.210 1. Except if the person already knows that a child 37
is an Indian child, whenever a person is required in a child custody 38
proceeding to determine whether there is reason to know that the 39
child is an Indian child, the person shall make a good faith effort to 40
determine whether the child is an Indian child, including, without 41
limitation, by consulting with: 42
(a) The child; 43
(b) [The child’s] Any parent [or parents;] of the child; 44
– 41 –
- *AB227*
(c) Any person having custody of the child or with whom the 1
child resides; 2
(d) Extended family members of the child; 3
(e) Any other person who may reasonably be expected to have 4
information regarding the [child’s] membership or eligibility for 5
membership of the child in an Indian tribe; and 6
(f) Any Indian tribe of which the child may be a member or of 7
which the child may be eligible for membership. 8
2. A court or person has reason to know that a child in a child 9
custody proceeding is an Indian child if: 10
(a) The person knows that the child is an Indian child; 11
(b) The court has found that the child is an Indian child or that 12
there is reason to know that the child is an Indian child; 13
(c) Any person present in the proceeding, officer of the court 14
involved in the proceeding, Indian tribe, Indian organization or 15
agency informs the court or the person that the child is an Indian 16
child or that information has been discovered indicating that the 17
child is an Indian child; 18
(d) The child indicates to the court or the person that the child is 19
an Indian child; 20
(e) The court or the person is informed that the domicile or 21
residence of the child, the [child’s] parent of the child or the 22
[child’s] Indian custodian of the child is on a reservation or in an 23
Alaska Native village; 24
(f) The court or the person is informed that the child is or has 25
been a ward of a tribal court; 26
(g) The court or the person is informed that the child or the 27
[child’s] parent of the child possesses an identification card or other 28
record indicating membership in an Indian tribe; 29
(h) Testimony or documents presented to the court indicate in 30
any way that the child may be an Indian child; or 31
(i) Any other indicia provided to the court or the person, or 32
within the knowledge of the court or the person, indicates that the 33
child is an Indian child. 34
3. Except as otherwise provided in [NRS 127.1867,] section 57 35
of this act, whenever a person is required to demonstrate to the court 36
in a child custody proceeding that the person made efforts to 37
determine whether a child is an Indian child, the court shall make 38
written findings regarding whether the person satisfied the inquiry 39
requirements under subsection 1 and whether the child is an Indian 40
child or whether there is reason to know that the child is an Indian 41
child. At the commencement of any hearing in an emergency 42
proceeding or a child custody proceeding, unless the court 43
previously found that the child is an Indian child, the court shall ask, 44
on the record, each person present on the matter whether the person 45
– 42 –
- *AB227*
has reason to know that the child is an Indian child and shall make a 1
finding regarding whether there is reason to know that the child is 2
an Indian child. 3
4. If the court finds under subsection 3 that there is: 4
(a) Reason to know that the child is an Indian child but the court 5
does not have sufficient evidence to find that the child is an Indian 6
child, the court shall order that the inquiry as to whether the child is 7
an Indian child continue until the court finds that the child is not an 8
Indian child. 9
(b) Not reason to know that the child is an Indian child, the court 10
shall order each party to immediately inform the court if the party 11
receives information providing reason to know that the child is an 12
Indian child. 13
5. If the court finds under subsection 3 that there is reason to 14
know that the child is an Indian child but the court does not have 15
sufficient evidence to make a finding that the child is or is not an 16
Indian child, the court shall require the appropriate agency or other 17
party to submit a report, declaration or testimony on the record that 18
the agency or other party used due diligence to identify and work 19
with all of the tribes of which the child may be a member or in 20
which the child may be eligible for membership to verify whether 21
the child is a member or is eligible for membership. 22
6. A person making an inquiry under this section shall request 23
that any tribe receiving information under this section keep 24
documents and information regarding the inquiry confidential. 25
Sec. 77. Chapter 127 of NRS is hereby amended by adding 26
thereto the provisions set forth as sections 78 to 105, inclusive, of 27
this act. 28
Sec. 78. As used in this chapter, unless the context otherwise 29
requires, the words and terms defined in sections 79 to 98, 30
inclusive, of this act have the meanings ascribed to them in those 31
sections. 32
Sec. 79. “Adult” means a person who is at least 18 years of 33
age. 34
Sec. 80. “Agency which provides child welfare services” has 35
the meaning ascribed to it in NRS 432B.030. 36
Sec. 81. “Child” means a person who is less than 18 years of 37
age. 38
Sec. 82. “Child-placing agency” means a nonprofit 39
corporation organized pursuant to chapter 82 of NRS, and 40
licensed by the Division to place children for adoption or 41
permanent free care. 42
Sec. 83. “Child with special needs” means a child for whom 43
placement with an adoptive parent is, in the opinion of the 44
Administrator of the Division or the designee of the Administrator, 45
– 43 –
- *AB227*
made more difficult because of the age, race or number of siblings 1
of the child, or because the child suffers from a severe or chronic 2
medical, physical, mental or emotional condition. 3
Sec. 84. “Closed-family adoption” means an adoption where 4
a prospective adoptive parent or the spouse of a prospective 5
adoptive parent is related to the child being adopted by blood 6
within the third degree of consanguinity. 7
Sec. 85. “Confirmatory adoption” means an adoption where 8
the petitioner is already the legal or presumptive parent of the 9
child and is requesting confirmation of parentage through such 10
adoption. 11
Sec. 86. “Division” means the Division of Child and Family 12
Services of the Department of Health and Human Services. 13
Sec. 87. “Home study” means a study of the home of a 14
prospective adoptive parent conducted in accordance with 15
NRS 127.2805. 16
Sec. 88. “Identified adoption” means an adoption facilitated 17
by a child-placing agency in which: 18
1. The child being adopted is not related by blood within the 19
third degree of consanguinity to any of the prospective adoptive 20
parents; 21
2. A parent of the child being adopted knows at least one of 22
the prospective adoptive parents; and 23
3. The knowledge described in paragraph (b) was not caused 24
by the actions of a child-placing agency. 25
Sec. 89. “Indian child” has the meaning ascribed to it in 26
NRS 125E.080. 27
Sec. 90. “Order of adoption” means a final judgment 28
concerning a petition for adoption. The term includes a decree for 29
adoption. 30
Sec. 91. “Parent” means: 31
1. A natural or legal parent whose parental rights have not 32
been terminated. 33
2. A person who is alleged or reputed to be the natural parent 34
of a child but whose parentage has not been legally established. 35
3. A person whose parentage has been established pursuant 36
to chapter 126 of NRS or by court order. 37
Sec. 92. “Post-placement investigation” means an 38
investigation conducted pursuant to NRS 127.120. 39
Sec. 93. “Prospective adoptive parent” means a person who 40
has filed or intends to file a petition for adoption. 41
Sec. 94. “Readoption” means an adoption where the 42
petitioner has previously obtained an order of adoption for the 43
child from a court of another country. 44
– 44 –
- *AB227*
Sec. 95. “Relinquishment” means a document executed by a 1
person described in NRS 127.040 acknowledging the consent of 2
that person to place the child for adoption with a child-placing 3
agency. 4
Sec. 96. “Specific consent to adoption” means a document 5
executed by a person described in NRS 127.040 acknowledging the 6
consent of the person to the adoption of a child by each 7
prospective adoptive parent specified in a petition for adoption. 8
Sec. 97. “Spouse” means a marital partner, domestic partner 9
or civil partner or person sharing similar rights, benefits, and 10
protections to such persons. 11
Sec. 98. “State Register for Designated Adoptions” means 12
the State Register for Designated Adoptions established by 13
NRS 127.007. 14
Sec. 99. 1. Notwithstanding any other provision of law, a 15
petitioner may file a petition for and a court may issue an order 16
for confirmatory adoption in accordance with the provisions of 17
this section. 18
2. If a child was born in this State, a petition for confirmatory 19
adoption may be filed at any time after the birth of the child. 20
3. A petition for confirmatory adoption must include: 21
(a) The information described in paragraphs (a) to (f), 22
inclusive, and (j) of subsection 2 of NRS 127.110; 23
(b) A description of how parentage was already established by 24
petitioner; and 25
(c) A copy of one of the following documents: 26
(1) The certificate of birth of the child, listing the petitioner 27
as a legal parent; 28
(2) A court order establishing the parentage of the child; or 29
(3) Other evidence that the court deems sufficient to 30
establish parentage of the child. 31
4. A court may issue an order for confirmatory adoption if it 32
confirms that each petitioner is a legal parent of the child, and 33
may order the name of the child changed if so requested in the 34
petition for confirmatory adoption. 35
5. A document submitted pursuant to paragraph (c) of 36
subsection 3 is confidential and must not be made a matter of 37
public record, but must be given in writing and in confidence to 38
the district judge before whom the matter is pending. 39
6. A specific consent to adoption, relinquishment, home study 40
or post-placement investigation is not required in a proceeding for 41
confirmatory adoption. 42
Sec. 100. 1. Notwithstanding any other provision of law, a 43
person and the spouse of a person who adopts a child through an 44
intercountry adoption that is finalized in a foreign country may 45
– 45 –
- *AB227*
petition for and a court may issue an order for readoption in 1
accordance with the provisions of this section. 2
2. A petition for readoption must contain: 3
(a) The information described in paragraphs (a) to (f), 4
inclusive, and (j) of subsection 2 of NRS 127.110; 5
(b) A copy of a decree, order or certificate of adoption that 6
evidences finalization of the adoption in a foreign country; 7
(c) The certificate of birth of the child; and 8
(d) A certified translation of any document that is not in the 9
English language. 10
3. After an order for readoption adoption has been entered, 11
the petitioner or the attorney of the petitioner shall prepare a 12
report of readoption on a form prescribed and furnished by the 13
State Registrar of Vital Statistics and forward that report to the 14
State Registrar of Vital Statistics. 15
4. The report of readoption must: 16
(a) Identify the original certificate of birth of the child; 17
(b) Provide sufficient information to prepare a new certificate 18
of birth for the person adopted; 19
(c) Identify the order for readoption; and 20
(d) Be certified by the clerk of the court. 21
5. A home study or post-placement investigation is not 22
required in a proceeding for readoption. 23
Sec. 101. 1. A petition for a closed-family adoption, an 24
identified adoption or an adoption other than those described in 25
sections 99 and 100 of this act must include one of the following 26
documents for each parent: 27
(a) An order of a court of competent jurisdiction terminating 28
parental rights; 29
(b) A relinquishment; 30
(c) A specific consent to adoption; 31
(d) A certificate of death or other evidence sufficient to satisfy 32
the court of the death of a parent; or 33
(e) Any evidence sufficient to satisfy a court of the termination 34
of parental rights through a birth father registry in another state. 35
Sec. 102. If a parent is considering consenting to an 36
identified adoption, a child-placing agency must: 37
1. For the purpose of ensuring that the decision of the parent 38
to consent to the adoption of the child is made without coercion 39
and is not made under duress or undue influence, provide the 40
parent with information regarding: 41
(a) The adoption process; 42
(b) The State Register for Designated Adoptions; 43
(c) Any counseling services that are available to parents; and 44
(d) Any alternatives to adoption; 45
– 46 –
- *AB227*
2. Obtain from the parent information regarding the 1
background of the biological family of the parent for two or three 2
generations, including any: 3
(a) Occurrence of any childhood diseases or serious illnesses. 4
(b) Psychiatric and psychological histories. 5
(c) Demographic information and social history. 6
(d) Use of drugs. 7
(e) Misuse of alcohol. 8
(f) Blood types. 9
(g) Congenital deformities. 10
(h) Prenatal history, including, without limitation, information 11
concerning the biological mother’s use of alcohol, drugs, tobacco 12
and prescription medications during her pregnancy. 13
(i) Other pertinent information to the child-placing agency. 14
3. If the child has already been born, obtain information 15
from the parent regarding: 16
(a) The developmental and medical history of the child. 17
(b) The educational and social development of the child. 18
(c) The personal relationship between the child and the 19
parents, including their attitudes toward one another. 20
(d) Any religious affiliation of the child. 21
4. Advise the parent that the home study of the prospective 22
adoptive parent is available for review before execution of a 23
specific consent to adoption. 24
5. Maintain a case file with a record of the information 25
obtained and services provided to the parent. 26
Sec. 103. 1. An attesting witness to a relinquishment 27
required by NRS 127.053 may make and sign an affidavit before 28
any person authorized to administer oaths in this State, stating 29
such facts as they would be required to testify to in court to prove 30
the due execution of the relinquishment. 31
2. The affidavit described in subsection 1 must be written on 32
the relinquishment or, if that is impracticable, on some paper 33
attached thereto. 34
3. The sworn statement of any witness described in subsection 35
1 must be accepted by the court in any action or proceeding 36
relating to the validity or due execution of the relinquishment as if 37
it had been taken before the court. 38
4. The affidavit described in subsection 1 may be 39
substantially in the following form: 40
– 47 –
- *AB227*
State of Nevada } 1
}ss. 2
County of ........................... } 3
4
(Date) ................................. 5
6
Then and there personally appeared the within-named 7
................ and ................, who, being duly sworn, depose 8
and say: That they witnessed the execution of the 9
within relinquishment by ................ (name of any 10
person relinquishing); that she, he or they subscribed 11
the relinquishment and declared the same to be a voluntary 12
relinquishment in their presence; that at the time 13
the relinquishment was executed it contained the name 14
of the agency which provides child welfare services to which 15
the relinquishment was made; that they thereafter 16
subscribed the same as witnesses in the presence of 17
................ (name of any person relinquishing) and in the 18
presence of each other and at the request of ................ 19
(name of any person relinquishing); that at the time of the 20
execution of the relinquishment ................ (name of any 21
person relinquishing) acknowledged to them that she, he or 22
they was or were, and she, he or they appeared to them to 23
be, in full possession of her, his or their faculties and not 24
under the influence of any drug or sedative that could 25
impact reasoning or judgment or subject to any duress, fear, 26
menace, compulsion or undue influence whatever; and that 27
they make this affidavit at her, his or their request. 28
29
................................................... 30
................................................... 31
32
Subscribed and sworn to before me 33
this ...... day of the month of ...... of the year ...... 34
35
...................................................... 36
Notary Public 37
Sec. 104. 1. If a prospective adoptive parent determines 38
that an identified adoption cannot or should not proceed and a 39
petition for adoption has not been finalized, the prospective 40
adoptive parent may surrender the adoptive placement by 41
executing a written declaration surrendering the adoptive 42
placement. 43
– 48 –
- *AB227*
2. The declaration described in subsection 1 must be 1
notarized and signed by the prospective adoptive parent and 2
furnished to: 3
(a) Each parent; 4
(b) If a petition for adoption was filed by the prospective 5
adoptive parent, to the court in which the petition was filed; and 6
(c) The child-placing agency. 7
3. Upon execution of the declaration described in subsection 8
1, the prospective adoptive parent shall release the child to the 9
custody of: 10
(a) A parent, if so desired by the parent; or 11
(b) If a parent declines to accept custody of the child, the 12
child-placing agency. 13
4. If a prospective adoptive parent executes a declaration to 14
surrender, the specific consent to adoption naming the prospective 15
adoptive parent is void. 16
Sec. 105. 1. If a child-placing agency learns that a court of 17
competent jurisdiction has determined that a person has parental 18
rights to a child for whom a relinquishment has been executed, the 19
child-placing agency must: 20
(a) Immediately withdraw a petition for termination of 21
parental rights, if applicable; and 22
(b) Execute a declaration surrendering the relinquishment. 23
2. A declaration described in subsection 1 must be notarized 24
and signed by the child-placing agency and furnished to a court of 25
competent jurisdiction. 26
3. If a child-placing agency executes a declaration to 27
surrender, the relinquishment is void and obligations to the child 28
are restored to the parent. 29
Sec. 106. NRS 127.005 is hereby amended to read as follows: 30
127.005 [The] 1. Except as otherwise provided in subsection 31
2, the provisions of [NRS 127.010 to 127.1895, inclusive,] this 32
chapter govern the adoption of [minor] children . [, and the] 33
2. This chapter does not apply to adoption proceedings for 34
children who are in the custody of an agency which provides child 35
welfare services governed by sections 2 to 75, inclusive, of this act. 36
3. The provisions of NRS 127.190, 127.200 and 127.210 and 37
the provisions of NRS 127.010 to 127.1895, inclusive, and sections 38
99 to 105, inclusive, of this act, where not inconsistent with the 39
provisions of NRS 127.190, 127.200 and 127.210, govern the 40
adoption of adults. 41
Sec. 107. NRS 127.007 is hereby amended to read as follows: 42
127.007 1. The Division shall maintain the State Register for 43
Designated Adoptions, which is hereby established, in its central 44
office to provide information to identify [adults who were] : 45
– 49 –
- *AB227*
(a) Designated adopted persons; and [persons] 1
(b) Persons who are related [to them] by blood within the third 2
degree of consanguinity [.] to designated adopted persons. 3
2. [The] Except as otherwise provided in subsection 3, the 4
State Register for Designated Adoptions consists of: 5
(a) [Names] The names and other information, which the 6
Administrator of the Division deems to be necessary for the 7
operation of the State Register, relating to persons who have 8
released a child for adoption or have consented to the adoption of a 9
child, or whose parental rights have been terminated by a court of 10
competent jurisdiction, and who have submitted the information 11
voluntarily to the Division; 12
(b) [Names] The names and other necessary information of 13
designated adopted persons [who are 18 years of age or older, who 14
were adopted and] who have submitted the information voluntarily 15
to the Division; and 16
(c) [Names] The names and other necessary information of 17
persons who are related by blood within the third degree of 18
consanguinity to designated adopted persons, and who have 19
submitted the information voluntarily to the Division. 20
[ Any] 21
3. A person whose name appears in the State Register may 22
withdraw it by requesting in writing that it be withdrawn. The 23
Division shall immediately withdraw [a] the name upon receiving a 24
request to do so, and may not thereafter release any information to 25
identify that person, including the information that such a name was 26
ever in the State Register. 27
[3.] 4. Except as otherwise provided in subsection [4,] 5, the 28
Division may release information [: 29
(a) About] about a person who is related by blood within the 30
third degree of consanguinity to [an] a designated adopted person 31
[;] or [ 32
(b) About an] about a designated adopted person to a person 33
who is related by blood within the third degree of consanguinity [, 34
] if the names and information about both persons are contained in 35
the State Register and written consent for the release of such 36
information is given by [the natural] a parent [. 37
4. An] of the designated adopted person. 38
5. A designated adopted person may, by submitting a written 39
request to the Division, restrict the release of any information 40
concerning [himself or herself] the designated adopted person to 41
one or more categories of [relatives] persons who are related by 42
blood within the third degree of consanguinity [.] to the designated 43
adopted person. 44
– 50 –
- *AB227*
6. The Division shall transfer any information contained in 1
the State Register for Designated Adoptions to the State Register 2
for Adoptions of Children Who Were in the Custody of an Agency 3
Which Provides Child Welfare Services established by section 19 4
of this act if the information qualifies for inclusion in that 5
Register. 6
7. As used in this section, “designated adopted person” 7
means, except as otherwise provided in section 19 of this act, an 8
adult who was adopted as a child pursuant to the provisions of this 9
chapter. 10
Sec. 108. NRS 127.008 is hereby amended to read as follows: 11
127.008 1. The Division shall establish a Register of 12
Children with Special Needs. [The] 13
2. Except as otherwise provided in section 20 of this act, the 14
Register must include descriptive information on every child with 15
special needs for whom a prospective adoptive parent is not 16
identified within 3 months after the child becomes available for 17
adoption [, but must] pursuant to the provisions of this chapter. 18
3. The Register must not include any personal information 19
which reveals the identity of [the] a child with special needs 20
described in subsection 2 or [the child’s parents.] a parent of the 21
child. 22
4. A copy of the Register must be made available for review by 23
prospective adoptive parents at each office of the Division. 24
[2. As used in this section, “child with special needs” means a 25
child for whom placement with an adoptive parent is, in the opinion 26
of the Administrator of the Division or his or her designee, made 27
more difficult because of the child’s age, race or number of siblings, 28
or because the child suffers from a severe or chronic medical, 29
physical, mental or emotional condition.] 30
5. The Division shall transfer any information contained in 31
the Register to the Register of Children with Special Needs Who 32
are in the Custody of an Agency Which Provides Child Welfare 33
Services established by section 20 of this act if the information 34
qualifies for inclusion in that Register. 35
Sec. 109. NRS 127.009 is hereby amended to read as follows: 36
127.009 1. The Division shall prepare a booklet on adoption 37
[in this state] proceedings conducted pursuant to this chapter, 38
which [includes] must include the following information: 39
(a) The legal basis of adoption; 40
(b) The purpose of adoption; 41
(c) The process of adoption; 42
(d) The number of children who are waiting to be adopted, 43
including statistical information regarding: 44
– 51 –
- *AB227*
(1) The gender and ethnic background of the children who 1
are waiting to be adopted; 2
(2) The number of children placed in foster homes who are 3
waiting to be adopted; 4
(3) The number of children with special needs who are 5
waiting to be adopted; and 6
(4) The number of siblings who are waiting to be adopted; 7
(e) The name and location of child-placing agencies ; [in 8
Nevada that place children with adoptive parents;] 9
(f) The number of prospective adoptive parents; 10
(g) A comparison of [Nevada] this State to the surrounding 11
states regarding the placement of children with adoptive parents; 12
(h) A comparison of the Division to other child-placing 13
agencies [located in Nevada] regarding the placement of children 14
with adoptive parents; and 15
(i) Any subsidies, assistance and other services that may be 16
available to adoptive parents and prospective adoptive parents, 17
including, without limitation, services for children with special 18
needs. 19
2. The Division shall: 20
(a) Revise the information in the booklet annually [.] ; and 21
(b) Distribute the booklet to [persons and organizations] : 22
(1) Persons whose patients or clients are likely to become 23
involved with [the process of] adoption [in this state. The booklet 24
must also be distributed to prospective] proceedings conducted 25
pursuant to this chapter; 26
(2) Prospective adoptive parents [and natural parents giving 27
children up for] ; and 28
(3) Parents who are considering relinquishing for or 29
consenting to adoption. 30
3. The Division may accept gifts and grants to assist in the 31
production and distribution of the booklet. 32
Sec. 110. NRS 127.010 is hereby amended to read as follows: 33
127.010 Except as otherwise provided in NRS 125E.270, the 34
district courts of this State have original jurisdiction in adoption 35
proceedings [.] conducted pursuant to this chapter. 36
Sec. 111. NRS 127.018 is hereby amended to read as follows: 37
127.018 1. Except as otherwise provided in chapter 125E of 38
NRS, NRS [125E.010 to 125E.370, inclusive,] 127.041, 127.115, 39
127.151 , [and] 127.1861 [to 127.1869, inclusive,] , 127.1863 and 40
127.1865 and section 99 of this act, a child of whom this State: 41
(a) Is the home state on the date of the commencement of the 42
proceeding; or 43
(b) Was the home state within 6 months before the 44
commencement of the proceeding, 45
– 52 –
- *AB227*
may not be adopted except upon an order of a district court in this 1
State. 2
2. As used in this section, “home state” means: 3
(a) The state in which a child lived for at least 6 consecutive 4
months, including any temporary absence from the state [,] or any 5
placement outside the state through the Interstate Compact on the 6
Placement of Children in accordance with NRS 127.330, 7
immediately before the commencement of a proceeding; or 8
(b) In the case of a child less than 6 months of age, the state in 9
which the child lived from birth, including any temporary absence 10
from the state. 11
Sec. 112. NRS 127.020 is hereby amended to read as follows: 12
127.020 1. Except as otherwise provided in subsection 2: 13
(a) A [minor] child may be adopted by one or more adults 14
subject to the [rules prescribed in] provisions of this chapter ; [.] 15
(b) [A person] Each adult adopting a child must be at least 10 16
years older than the [person adopted,] child; and [the consent of] 17
(c) If the child [, if] is over [the age of] 14 years [, is necessary] 18
of age, the child must agree to [its] the adoption. 19
2. A court may approve the adoption of a child without regard 20
to the age [of] difference between the child and [the ages of] the 21
prospective adoptive parents if: 22
(a) [The child is being adopted by a stepparent, sister, brother, 23
aunt, uncle or first cousin and, if the] At least one prospective 24
adoptive parent [is married, also by the spouse of the prospective 25
adoptive parent;] is related to the child by blood within the third 26
degree of consanguinity; and 27
(b) The court is satisfied that [it] the adoption is in the best 28
[interest] interests of the child . [and in the interest of the public.] 29
Sec. 113. NRS 127.030 is hereby amended to read as follows: 30
127.030 1. One or more adults may petition the district court 31
of any county in this [state] State for leave to adopt a child. 32
2. Each prospective [adopting adult] adoptive parent and each 33
[consenting legal parent seeking] parent seeking to retain [his or 34
her] parental rights for the child must [be] : 35
(a) Be a joint petitioner. 36
(b) Agree to the adoption. 37
[2.] 3. Except as otherwise provided in subsection [5,] 6, a 38
[married] person who is married and not lawfully separated from 39
[his or her] a spouse may not adopt a child without the [consent] 40
agreement of [his or her] the spouse, if [such] the spouse is capable 41
of [giving such consent.] agreeing to the adoption. 42
[3.] 4. If a spouse [consents] agrees to an adoption as 43
described in subsection [2,] 3, such [consent] agreement does not 44
– 53 –
- *AB227*
establish any parental rights or responsibilities on the part of the 1
spouse unless [he or she:] the spouse: 2
(a) Has, in a writing filed with the court, specifically [consented] 3
agreed to: 4
(1) [Adopting] Adopt the child; and 5
(2) [Establishing] Establish parental rights and 6
responsibilities; and 7
(b) Is named as an adoptive parent in the order [or decree] of 8
adoption. 9
[4.] 5. The court shall not name a spouse who [consents] 10
agrees to an adoption as described in subsection [2] 3 as an adoptive 11
parent in an order [or decree] of adoption unless: 12
(a) The spouse has filed a writing with the court as described in 13
paragraph (a) of subsection [3;] 4; and 14
(b) The home of the spouse is suitable for the child as 15
determined by [an] a post-placement investigation [conducted 16
pursuant to NRS 127.120] or [127.2805.] a home study. 17
[5.] 6. The court may dispense with the requirement for the 18
[consent] agreement of a spouse who cannot be located after a 19
diligent search or who is determined by the court to lack the 20
capacity to [consent.] agree. 21
7. A spouse for whom the requirement was dispensed pursuant 22
to [this] subsection 6 must not be named as an adoptive parent in an 23
order [or decree] of adoption. 24
[6.] 8. If a person who petitions for the adoption of a child 25
pursuant to this section or the spouse or former spouse of the 26
person who petitions for adoption is related [to the child] by blood 27
within the third degree of consanguinity [,] to the child, the court 28
may, in its discretion, waive [the] : 29
(a) The home study; 30
(b) The post-placement investigation; or 31
(c) The hearing on the petition. 32
[7.] 9. The court may determine that a child has a legal 33
relationship with more than two persons who petition for the 34
adoption of the child pursuant to this section. 35
Sec. 114. NRS 127.040 is hereby amended to read as follows: 36
127.040 [1.] Except as otherwise provided in NRS 127.041 37
and 127.090 [, written] and sections 99, 100 and 101 of this act, a 38
specific consent to [the specific] adoption [proposed by the petition] 39
or [for] a relinquishment [to an agency authorized to accept 40
relinquishments acknowledged by the person or persons 41
consenting,] is required before the finalization of an adoption from: 42
[(a)] 1. Each [legal] parent who is alive; and 43
[(b)] 2. Any legal guardian of the person of the child 44
appointed by a court of competent jurisdiction. 45
– 54 –
- *AB227*
[2. Consent is not required of a parent who has been adjudged 1
insane for 2 years if the court is satisfied by proof that such insanity 2
is incurable.] 3
Sec. 115. NRS 127.041 is hereby amended to read as follows: 4
127.041 1. If a petition for adoption of a child concerns the 5
adoption of an Indian child, unless the parental rights of the [Indian 6
child’s] parents of the Indian child have been terminated, consent in 7
writing to the adoption must be given by the [Indian child’s] parents 8
[.] of the Indian child. Such written consent must be filed with the 9
court. 10
2. [An Indian child’s] A parent of an Indian child may consent 11
to the adoption of the Indian child at any time not less than 10 days 12
following the date of the [Indian child’s] birth of the Indian child 13
by executing the consent in person before the court on the record. 14
3. Before the execution of [a parent’s] the consent of a parent 15
under subsection 2, the court must explain to the parent on the 16
record in detail and in the language of the parent: 17
(a) The right to legal counsel; 18
(b) The terms and consequences of the consent in detail; and 19
(c) That at any time before the entry of the order [or decree] of 20
adoption, the parent may withdraw consent for any reason and 21
petition the court to have the child returned. 22
4. After the execution of [a parent’s] the consent of a parent 23
under subsection 2, the court shall certify that the court made the 24
explanation under subsection 3 and that the parent fully understood 25
the explanation. 26
5. At any time before the entry of an order [or decree] of 27
adoption, [an Indian child’s] a parent of an Indian child may 28
withdraw the [parent’s] consent of the parent under this section. 29
[The] 30
6. A withdrawal of consent described in subsection 5 must be 31
made by filing the written withdrawal with the court or by making a 32
statement of withdrawal on the record in the adoption proceeding. 33
7. Upon entry of the withdrawal of consent [,] pursuant to 34
subsection 6, the court must promptly notify the person or entity 35
that arranged the adoptive placement to regain custody and control 36
of the Indian child [. A] and a parent who withdraws [his or her] 37
consent may petition the court for the return of the child. 38
[6.] 8. As used in this section, “parent” has the meaning 39
ascribed to it in NRS 125E.130. 40
Sec. 116. NRS 127.043 is hereby amended to read as follows: 41
127.043 1. Except as otherwise provided in subsection 2, a 42
child must not be placed in an adoptive home [until a valid release 43
for or] or in the care of a prospective adoptive parent unless: 44
– 55 –
- *AB227*
(a) Each parent who is alive whose parental rights have not 1
been terminated, and any legal guardian of the person of the child 2
appointed by a court of competent jurisdiction, as applicable, 3
executes a specific consent to adoption [is executed by the parent 4
who gave birth to the child as provided by NRS 127.070.] or a 5
relinquishment, as applicable; and 6
(b) A child-placing agency completes a home study. 7
2. The provisions of this section do not apply if one or more of 8
the [existing legal] parents required to execute the specific consent 9
to adoption or relinquishment is a petitioner for the adoption or the 10
petitioner is related to the child by blood within the third degree of 11
consanguinity. 12
Sec. 117. NRS 127.045 is hereby amended to read as follows: 13
127.045 1. Except as otherwise provided in subsection 2, 14
[until a valid release for or] unless each parent who is alive whose 15
parental rights have not been terminated, and any legal guardian 16
of the person of the child appointed by a court of competent 17
jurisdiction, as applicable, executes a specific consent to adoption 18
[is executed by the parent who gave birth to the child as provided by 19
NRS 127.070] or a relinquishment, as applicable, and [the 20
investigation required by NRS 127.2805 is completed, no] a child-21
placing agency completed a home study, a person may [:] not: 22
(a) Petition any court for the appointment of a guardian; or 23
(b) Be appointed the temporary guardian, 24
of the person of the child to be adopted. 25
2. The provisions of subsection 1 do not apply if one or more 26
of the [existing legal] parents required to execute the specific 27
consent to adoption or relinquishment is a petitioner for the 28
adoption or if any petitioner or [his or her] the spouse of the 29
petitioner is related to the child by blood within the third degree of 30
consanguinity. 31
Sec. 118. NRS 127.050 is hereby amended to read as follows: 32
127.050 1. [The following agencies] A child-placing agency 33
may accept relinquishments for the adoption of children from 34
parents and guardians in this State . [: 35
(a) An agency which provides child welfare services in its own 36
capacity or on behalf of a child-placing agency authorized under the 37
laws of another state to accept relinquishments and make 38
placements; or 39
(b) A child-placing agency licensed by the Division.] 40
2. The following agencies may consent to the adoption of 41
children in this State: 42
(a) [An agency which provides child welfare services to which 43
the child has been relinquished for adoption; 44
– 56 –
- *AB227*
(b)] A child-placing agency [licensed by the Division,] to whom 1
the child has been relinquished for adoption; or 2
[(c)] (b) Any [child-placing] agency authorized under the laws 3
of another state to accept relinquishments and make placements, to 4
whom the child has been relinquished or otherwise approved for 5
adoption in that state. 6
[3. If an agency which provides child welfare services accepts 7
a relinquishment on behalf of a child-placing agency pursuant to 8
subsection 1, the child-placing agency shall reimburse the agency 9
which provides child welfare services for any costs associated with 10
the acceptance.] 11
Sec. 119. NRS 127.051 is hereby amended to read as follows: 12
127.051 [The] 13
1. A child-placing agency to which a child has been ordered or 14
relinquished for adoption shall be responsible for the care of the 15
child, and shall be entitled to the custody and control of the child at 16
all times until a petition for adoption has been granted. 17
2. Any placement for adoption made by the child-placing 18
agency may be terminated by the mutual consent of the prospective 19
adoptive parents and the child-placing agency, or by order of the 20
district court for removal from the home upon the application of the 21
child-placing agency when in the opinion of the child-placing 22
agency the placement for adoption is detrimental to the interest of 23
the child. 24
3. In the event of the termination of any placement for 25
temporary care or for adoption, the child shall be returned promptly 26
to the physical custody of the child-placing agency. 27
Sec. 120. NRS 127.052 is hereby amended to read as follows: 28
127.052 1. Each child-placing agency which [, pursuant to 29
NRS 127.050,] accepts a relinquishment for the adoption of a child 30
pursuant to NRS 127.050 shall make all necessary inquiries to 31
determine whether the child is an Indian child. 32
2. If [it] a child-placing agency determines pursuant to 33
subsection 1 that the child is an Indian child and that the child is a 34
ward of a tribal court, resides on a reservation or is domiciled on a 35
reservation, the child-placing agency shall so notify the [child’s] 36
tribe of the child in writing. 37
[2.] 3. The Division shall adopt regulations establishing 38
reasonable and uniform standards for making the necessary inquiries 39
to determine whether a child is an Indian child. 40
[3.] 4. For the purposes of this section, the domicile of an 41
Indian child must be determined according to federal common law. 42
Sec. 121. NRS 127.053 is hereby amended to read as follows: 43
127.053 [No] 44
– 57 –
- *AB227*
1. A specific consent to [a specific] adoption or a 1
relinquishment executed in this State, or executed outside this State 2
for use in this State, is not valid unless it: 3
[1.] (a) Identifies the child to be adopted by name, if any, sex 4
[and] assigned at birth, date of birth [.] and time of birth; 5
[2.] (b) Is in writing and signed , as applicable, by [the person 6
consenting to the adoption as required in this chapter. 7
3.] : 8
(1) A parent who is alive and whose parental rights have 9
not been terminated by a court; and 10
(2) Any legal guardian of the person of the child appointed 11
by a court of competent jurisdiction; 12
(c) Is signed by a person described in paragraph (b) at least 72 13
hours after the birth of the child, unless the child is an Indian 14
child, in which case, it is signed at least 10 days after the birth of 15
the child; 16
(d) Is acknowledged by [the] a person [consenting and signing 17
the consent to adoption in the manner and form required for 18
conveyances of real property. 19
4. Contains,] described in paragraph (b) before: 20
(1) A judge or a clerk of the court having a seal; 21
(2) A notary public; or 22
(3) A justice of the peace; 23
(e) If the document is a specific consent to adoption, contains, 24
at the time of execution, the name of [the] each person [or persons] 25
to whom specific consent to adopt the child is given [. 26
5.] ; 27
(f) If the document is a relinquishment, contains, the name of 28
the child-placing agency; 29
(g) Indicates whether the person [giving the consent] has reason 30
to know that the child is an Indian child and, if the person does not 31
have reason to know that the child is an Indian child, includes a 32
statement that the person will inform the court immediately if, 33
before the entry of the order [or decree] of adoption pursuant to 34
NRS 127.150, the person receives information that provides reason 35
to know that the child is an Indian child [. 36
6. Is] ; and 37
(h) Except as otherwise provided in subsection 2, is attested by 38
at least two competent, disinterested witnesses who subscribe their 39
names to the [consent] document in the presence of or by video 40
conference with the person [consenting. If] described in paragraph 41
(b), and if neither the petitioner nor the spouse of a petitioner is 42
related to the child within the third degree of consanguinity, [then] 43
one of the witnesses must be a social worker employed by: 44
[(a)] (1) An agency which provides child welfare services; 45
– 58 –
- *AB227*
[(b) An] 1
(2) A child-placing agency [licensed in this state to place 2
children for adoption; 3
(c)] ; 4
(3) A [comparable] state or county agency of another state [;] 5
that provides similar services to an entity described in 6
subparagraph (1) or (2); or 7
[(d)] (4) An agency authorized under the laws of another state 8
to place children for adoption, if the [natural] parent resides in that 9
state. 10
2. A social worker employed by a child-placing agency may 11
remotely witness the execution of a specific consent to adoption or 12
a relinquishment by a person described in paragraph (b) of 13
subsection 1 who resides outside of this State. 14
Sec. 122. NRS 127.055 is hereby amended to read as follows: 15
127.055 1. [Any or all of the] An attesting [witnesses] 16
witness to any specific consent to adoption required by NRS 17
127.053 may [, at the request of the person or persons who executed 18
the consent,] make and sign an affidavit before any person 19
authorized to administer oaths in this state, stating such facts as they 20
would be required to testify to in court to prove the due execution of 21
the specific consent to adoption. 22
2. The affidavit described in subsection 1 must be written on 23
the specific consent to adoption, or, if that is impracticable, on some 24
paper attached thereto. 25
3. The sworn statement of any witness [so taken] described in 26
subsection 1 must be accepted by the court in any action or 27
proceeding relating to the validity or due execution of the specific 28
consent to adoption as if it had been taken before the court. 29
[2.] 4. The affidavit described in subsection 1 may be 30
substantially in the following form: 31
32
State of Nevada } 33
}ss. 34
County of ........................... } 35
36
(Date) ................................. 37
38
Then and there personally appeared the within-named 39
................ and ................, who, being duly sworn, depose and 40
say: That they witnessed the execution of the within specific 41
consent to adoption by ................ (name of any person [or 42
persons] consenting); that she, he or they subscribed the 43
specific consent to adoption and declared the same to be a 44
voluntary specific consent to adoption in their presence; that 45
– 59 –
- *AB227*
at the time the specific consent to adoption was executed it 1
contained the names of [the] any person [or persons] to whom 2
specific consent was thereby given to adopt the child; that 3
they thereafter subscribed the same as witnesses in the 4
presence of ................ (name of any person [or persons] 5
consenting) and in the presence of each other and at the 6
request of ................ (name of any person [or persons] 7
consenting); that at the time of the execution of the specific 8
consent to adoption ................ (name of any person [or 9
persons] consenting) acknowledged to them that she, he or 10
they was or were, and she, he or they appeared to them to be, 11
in full possession of her, his or their faculties and not under 12
the influence of any drug or sedative that could impact 13
reasoning or judgment or subject to any duress, fear, 14
menace, compulsion or undue influence whatever; and that 15
they make this affidavit at her, his or their request. 16
17
................................................... 18
................................................... 19
20
Subscribed and sworn to before me 21
this ...... day of the month of ...... of the year ...... 22
23
...................................................... 24
Notary Public 25
Sec. 123. NRS 127.058 is hereby amended to read as follows: 26
127.058 [A] Upon the execution of a specific consent to 27
adoption, a person to whom specific consent to adopt a child is 28
given [for a specific adoption pursuant to NRS 127.053 has, at the 29
time the consent is executed,] : 30
1. Has legal custody over the child [and is] ; 31
2. Is legally responsible for the child ; and 32
3. Must provide for the care, support and maintenance of the 33
child until a court holds a hearing to enter an order [or decree] of 34
adoption or to deny the petition pursuant to the laws of this State or 35
another state. 36
Sec. 124. NRS 127.060 is hereby amended to read as follows: 37
127.060 The same petitioners may, in one petition, petition for 38
the adoption of two or more children, if the children [be brothers or 39
sisters or brother and sister.] are siblings. 40
Sec. 125. NRS 127.070 is hereby amended to read as follows: 41
127.070 1. [All releases for and] In addition to the timing 42
restrictions on execution of consent prescribed by NRS 127.041, 43
all specific consents to adoption and relinquishments executed in 44
– 60 –
- *AB227*
this state by the parent who gave birth to a child before the birth of 1
the child or within 72 hours after the birth of the child are invalid. 2
2. [A release for or] Except as otherwise provided in NRS 3
127.041, a specific consent to adoption or a relinquishment may be 4
executed by a parent who did not give birth to the child before the 5
birth of a child if the parent is not married to the parent who gave 6
birth to the child. 7
3. A parent who is a child may execute a specific consent to 8
adoption or a relinquishment without a requirement for 9
notification to or consent by any parent. 10
4. A specific consent to adoption or a relinquishment 11
executed by a parent who is a child may not be revoked or 12
nullified based upon the parent becoming an adult. 13
5. A relinquishment or a specific consent to adoption cannot 14
be revoked, nullified or surrendered except as otherwise provided 15
in this section. 16
6. A [release executed under this subsection becomes] specific 17
consent to adoption or a relinquishment is invalid if: 18
(a) [The parents of the child marry each other before the child is 19
born; 20
(b) The] Within 18 months after the birth of the child, every 21
parent [who gave birth to the child] does not execute a [release for 22
or] specific consent to adoption [of the child within 6 months after 23
the birth of the child;] or a relinquishment or have their parental 24
rights terminated by a court of competent jurisdiction; 25
[(c) No] 26
(b) A petition for adoption of the child has not been filed within 27
[2 years] 18 months after the birth of the child [.] ; 28
(c) It was obtained under fraud, duress or undue influence, as 29
determined by a court of competent jurisdiction if a petition is filed 30
not later than 30 days after the execution; 31
(d) It was nullified pursuant to NRS 127.2817; or 32
(e) It was surrendered pursuant to section 105 of this act. 33
Sec. 126. NRS 127.090 is hereby amended to read as follows: 34
127.090 Consent of a parent to an adoption shall not be 35
necessary where parental rights have been terminated by an order of 36
a court of competent jurisdiction [.] or evidence sufficient to the 37
court that parental rights were terminated through the birth father 38
registry of another state. 39
Sec. 127. NRS 127.110 is hereby amended to read as follows: 40
127.110 1. A petition for adoption of a child [who currently 41
resides in the home of the petitioners] may be filed at any time after 42
the child [has lived in the home for 30 days.] has been placed with 43
the petitioners. 44
– 61 –
- *AB227*
2. The petition for adoption must state, in substance, the 1
following: 2
(a) The full name and age of the petitioners. 3
(b) The age of the child sought to be adopted and the [period] 4
date that the child [has lived] was placed in the home of the 5
petitioners . [before the filing of the petition.] 6
(c) That it is the desire of the petitioners that the relationship of 7
parent and child be established between [them] the petitioners and 8
the child. 9
(d) [Their] If the petitioners desire that the name of the child be 10
changed, [together with] the new name desired [.] for the child. 11
(e) That the petitioners are fit and proper persons to have the 12
care and custody of the child. 13
(f) That [they] the petitioners are financially able to provide for 14
the child. 15
(g) That there has been a full compliance with the law in regard 16
to termination of parental rights, relinquishment for adoption or 17
specific consent to adoption. 18
(h) That there has been a full compliance with NRS 127.220 to 19
127.310, inclusive [.] , as applicable to the type of adoption sought 20
by the petitioners. 21
(i) Whether the petitioners have reason to know that the child is 22
an Indian child. 23
(j) That there are no known signs that the child is currently 24
experiencing victimization from human trafficking, exploitation or 25
abuse. 26
(k) Whether an agreement for postadoptive contact has been 27
entered into by the petitioners and any parent of the child to be 28
adopted. 29
(l) Whether there is an order for visitation of a child by a 30
sibling or other relative. 31
3. [No] An order of adoption may not be entered unless there 32
has been full compliance with the provisions of NRS 127.220 to 33
127.310, inclusive . [, and the provisions of NRS 125E.010 to 34
125E.370, inclusive, 127.041, 127.115, 127.151 and 127.1861 to 35
127.1869, inclusive.] 36
Sec. 128. NRS 127.115 is hereby amended to read as follows: 37
127.115 1. In addition to the requirements set forth in NRS 38
127.110, a petition for adoption of a child must contain: 39
(a) A declaration under penalty of perjury and documentation, as 40
described by the regulations adopted by the Division pursuant to 41
[NRS 127.1867,] section 57 of this act, of the [petitioner’s] good 42
faith efforts by the petitioner described in subsection 1 of NRS 43
125E.210, to determine whether there is reason to know that the 44
child is an Indian child; 45
– 62 –
- *AB227*
(b) A statement as to whether the petitioner has reason to know 1
that the child is an Indian child; and 2
(c) If the petitioner has reason to know that the child is an Indian 3
child: 4
(1) A declaration under penalty of perjury and 5
documentation, as described by the regulations adopted by the 6
Division pursuant to [NRS 127.1867,] section 57 of this act, 7
showing that the proposed adoptive placement complies with the 8
requirements under NRS 125E.350; or 9
(2) A statement that the petitioner is moving the court under 10
subsection 3 of NRS 125E.350 for a finding, by clear and 11
convincing evidence, that good cause exists for alternative adoptive 12
placement and a statement describing the details supporting the 13
assertion of the petitioner that good cause exists for the alternative 14
placement, as described in subsection 3 of NRS 125E.350. 15
2. A petition for adoption of a child must, if applicable, request 16
the following: 17
(a) A finding that the petitioner complied with the inquiry 18
requirements under subsection 1 of NRS 125E.210; 19
(b) A finding of whether there is reason to know that the child is 20
an Indian child; and 21
(c) If the court finds that the child is an Indian child: 22
(1) The determinations required under NRS 125E.250 23
regarding the Indian child’s residence, domicile and wardship status; 24
(2) A finding that the petitioner complied with the notice 25
requirements under subsection 2 of NRS 125E.220; and 26
(3) A finding that the adoptive placement complies with the 27
placement preferences under NRS 125E.350 or, if not, that upon the 28
petitioner’s motion under subsection 3 of NRS 125E.350, good 29
cause exists for placement contrary to the placement preferences in 30
NRS 125E.350. 31
3. If the petitioner has reason to know that the child is an 32
Indian child, within 30 days after filing the petition, the petitioner 33
shall: 34
(a) Serve copies of the petition by registered or certified mail, 35
return receipt requested, together with the notice of proceeding in 36
the form required under subsection 3 of NRS 125E.220, to: 37
(1) Each tribe of which the Indian child may be a member or 38
in which the Indian child may be eligible for membership; 39
(2) The appropriate Regional Director of the United States 40
Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the 41
identity or location of the child’s parents, Indian custodian or tribe 42
cannot be ascertained; and 43
(3) The appropriate agency which provides child welfare 44
services. 45
– 63 –
- *AB227*
(b) File a declaration of compliance with the court, including a 1
copy of each notice sent, together with any return receipts or other 2
proof of service. 3
Sec. 129. NRS 127.120 is hereby amended to read as follows: 4
127.120 1. A petition for adoption of a child must be filed [in 5
duplicate] with the [county] clerk [. The county clerk shall send one 6
copy of the petition to the agency which provides child welfare 7
services.] of the court. 8
2. [The agency which provides child welfare services shall 9
make an investigation and report as provided in this section. If one 10
petitioner or the spouse of a petitioner is related to the child within 11
the third degree of consanguinity, the court may, in its discretion, 12
waive the investigation by the agency which provides child welfare 13
services. A copy of the order waiving the investigation must be sent 14
to the nearest office of the agency which provides child welfare 15
services by the petitioners within 7 days after the order is issued. 16
3. The agency which provides child welfare services or a 17
licensed] Unless waived by the court for good cause shown, and 18
except as otherwise provided in subsection 9, a child-placing 19
agency [designated to do so by the court] shall [:] complete a post-20
placement investigation by: 21
(a) [Verify] Verifying the allegations of the petition; 22
(b) [Investigate] Investigating the condition of the child, 23
including, without limitation, whether the child is an Indian child; 24
and 25
(c) [Make] Making proper inquiry to determine whether the 26
proposed [adopting] adoptive parents are suitable for the child. 27
[4. The agency which provides child welfare services or] 28
3. Unless the post-placement investigation was waived by the 29
court pursuant to subsection 2, and except as otherwise provided 30
in subsection 4 or 9, the [designated] child-placing agency shall, 31
before the date on which the child has lived for a period of 6 months 32
in the home of the petitioners or within 30 days after receiving the 33
copy of the petition for adoption, whichever is later, submit to the 34
court a full written report of its findings pursuant to subsection [3,] 35
2, which must contain, without limitation, a specific 36
recommendation for or against approval of the petition and a 37
statement of whether the child is known to be an Indian child, and 38
shall furnish to the court any other information regarding the child 39
or proposed home which the court requires. 40
4. The court, on good cause shown, may extend the time, 41
designating a time certain, within which to submit the report [.] 42
required by subsection 3. 43
5. If the court is dissatisfied with the report submitted by the 44
[agency which provides child welfare services or the designated] 45
– 64 –
- *AB227*
child-placing agency, the court may order an independent 1
investigation to be conducted and a report submitted by an agency 2
or person selected by the court. 3
6. If the recommendation of the child-placing agency is 4
adverse, the district judge, before denying the petition for 5
adoption, shall give the petitioner an opportunity to rebut the 6
findings and recommendation of the report of the child-placing 7
agency. 8
7. The report of the child-placing agency must not be made a 9
matter of public record, but must be given in writing and in 10
confidence to the district judge before whom the matter is pending. 11
8. The costs of the investigation and report under this section 12
may be assessed against the petitioner . [or charged against the 13
county in which the adoption proceeding is pending.] 14
9. A post-placement investigation or report is not required in 15
a closed-family adoption, confirmatory adoption or readoption. 16
Sec. 130. NRS 127.123 is hereby amended to read as follows: 17
127.123 [Notice] A notice of the filing of a petition for [the] 18
adoption of a child must be provided to all legal custodians or 19
guardians of the child who are not a [legal] parent of the child. 20
Sec. 131. NRS 127.127 is hereby amended to read as follows: 21
127.127 [The] 22
1. Except as otherwise provided in subsection 3, the 23
petitioners shall file with the court, [within] not later than 15 days 24
after the petition for adoption is filed or 5 months after the child 25
[begins to live in their] is placed in the home [,] of the petitioners, 26
whichever is later, an affidavit executed by [them] the petitioners 27
and their attorney setting forth all fees, donations and expenses paid 28
by them in furtherance of the adoption. 29
2. A copy of the affidavit described in subsection 1 must be 30
sent to the [agency which provides child welfare services.] child-31
placing agency involved in the adoption. 32
3. If one petitioner or the spouse of a petitioner is related to the 33
child by blood within the third degree of consanguinity, the [court 34
may waive the] filing of the affidavit [.] described in subsection 1 is 35
not required. 36
Sec. 132. NRS 127.140 is hereby amended to read as follows: 37
127.140 1. Except as otherwise provided in NRS 239.0115, 38
all hearings held in proceedings under this chapter are confidential 39
and must be held in closed court, without admittance of any person 40
other than the petitioners, their witnesses, the director of an agency, 41
or their authorized representatives, attorneys and persons entitled to 42
notice by this chapter, except by order of the court. 43
2. The files and records of the court in adoption proceedings 44
are not open to inspection by any person except: 45
– 65 –
- *AB227*
(a) Upon an order of the court expressly so permitting pursuant 1
to a petition setting forth the reasons therefor; 2
(b) If a [natural] parent and the child are eligible to receive 3
information from the State Register for Adoptions; or 4
(c) As provided pursuant to subsections 3 to 6, inclusive. 5
3. An adoptive parent who intends to file a petition pursuant to 6
NRS 127.1885 or 127.1895 to enforce, modify or terminate an 7
agreement that provides for postadoptive contact may inspect only 8
the portions of the files and records of the court concerning the 9
agreement for postadoptive contact. 10
4. A [natural] parent who intends to file a petition pursuant to 11
NRS 127.1885 to prove the existence of or to enforce an agreement 12
that provides for postadoptive contact or to file an action pursuant to 13
NRS 41.509 may inspect only the portions of the files or records of 14
the court concerning the agreement for postadoptive contact. 15
5. Upon the request of a sibling or adoptive child who wishes 16
to enforce , modify or terminate an order for visitation included in 17
[a decree] an order of adoption pursuant to NRS 127.2827, the court 18
shall provide the case number of the adoption proceeding to the 19
sibling and allow the sibling to inspect only the portions of the files 20
or records of the court concerning the order for visitation. 21
6. The portions of the files and records which are made 22
available for inspection by an adoptive parent, [natural] parent or 23
sibling pursuant to subsection 3, 4 or 5 must not include any 24
confidential information, including, without limitation, any 25
information that identifies or would lead to the identification of a 26
[natural] parent if the identity of the [natural] parent is not included 27
in the agreement for postadoptive contact or order for visitation, as 28
applicable. 29
Sec. 133. NRS 127.145 is hereby amended to read as follows: 30
127.145 1. [The] Except as otherwise provided in subsection 31
2, a prospective adoptive [parents] parent, child, representative of a 32
child-placing agency or attorney for any party may attend by 33
telephone [,] or video conference, in lieu of attending in person, any 34
hearings held by the court concerning the petition for adoption . [if: 35
(a) The prospective adoptive parents reside in another state or 36
jurisdiction; 37
(b) The petition for adoption is filed for the adoption of a child 38
who is in the custody of an agency which provides child welfare 39
services or a child-placing agency licensed by the Division pursuant 40
to this chapter; and 41
(c) A representative of the agency responsible for supervising 42
the child in the state where the child will be placed appears at the 43
hearing by telephone.] 44
– 66 –
- *AB227*
2. [The appearance of the prospective adoptive parents and the 1
representative of the agency described in paragraph (c) of subsection 2
1 must occur at the office of the agency or at the home of the 3
prospective adoptive parents, as determined by the agency.] A court 4
for good cause shown may waive the appearance of the child at 5
any hearing concerning the petition for adoption. 6
3. [If the prospective adoptive parents are attending a hearing 7
by telephone pursuant to subsection 1, the court shall place the 8
telephone call to a telephone number known to be a telephone 9
number of the agency described in paragraph (c) of subsection 1 or 10
of the prospective adoptive parents.] A court for good cause shown 11
may waive any hearing in a closed-family adoption. 12
Sec. 134. NRS 127.150 is hereby amended to read as follows: 13
127.150 1. If the court finds that the best interests of the child 14
warrant the granting of the petition, an order [or decree] of adoption 15
must be made and filed, ordering that henceforth the child is the 16
child of the petitioners. 17
2. When determining whether the best interests of the child 18
warrant the granting of a petition that is filed by a [foster] 19
prospective adoptive parent, the court shall give strong 20
consideration to the emotional bond between the child and the 21
[foster] prospective adoptive parent. [A copy of the order or decree 22
must be sent to the nearest office of the agency which provides child 23
welfare services by the petitioners within 7 days after the order or 24
decree is issued.] 25
3. In the [decree] order of adoption, the court may change the 26
name of the child, if desired [. 27
2. Except as otherwise provided in this subsection, an] by the 28
petitioners. 29
4. Unless the adoption is a closed-family adoption, a 30
confirmatory adoption or a readoption, an order [or decree] of 31
adoption may not be made until [after the child has lived for] 6 32
months [in the home of] after the placement of the child with the 33
petitioners. [This subsection does not apply if one of the petitioners 34
is the stepparent of the child or is related to the child within the third 35
degree of consanguinity. 36
3. If the court is not satisfied that the proposed adoption is in 37
the best interests of the child, the court shall deny the petition and 38
may order the child returned to the custody of the person or agency 39
legally vested with custody. The court shall not deny a petition 40
solely because the petitioner: 41
(a) Is deaf, is blind or has another physical disability; or 42
(b) Is the holder of a valid registry identification card. 43
– 67 –
- *AB227*
4. After a petition for adoption has been granted, there is a 1
presumption that remaining in the home of the adopting parent is in 2
the child’s best interest. 3
5. As used in this section: 4
(a) “Blind” has the meaning ascribed to it in NRS 426.082. 5
(b) “Holder of a valid registry identification card” means a 6
person who holds a valid registry identification card as defined in 7
NRS 678C.080 that identifies the person as: 8
(1) Exempt from state prosecution for engaging in the 9
medical use of cannabis; or 10
(2) A designated primary caregiver as defined in 11
NRS 678C.040.] 12
Sec. 135. NRS 127.151 is hereby amended to read as follows: 13
127.151 1. An order [or decree] entered pursuant to NRS 14
127.150 must include: 15
(a) A finding that the petitioner complied with the inquiry 16
requirements under subsection 1 of NRS 125E.210 to determine 17
whether there is reason to know that the child is an Indian child; and 18
(b) A finding that the child is or is not an Indian child. 19
2. In an adoption of an Indian child, the order [or decree] must 20
include: 21
(a) The birth name and date of birth of the Indian child, the 22
[Indian child’s] tribal affiliation of the Indian child and the name of 23
the Indian child after adoption; 24
(b) If known, the names and addresses of the [biological] 25
parents; 26
(c) The names and addresses of the adoptive parents; 27
(d) The name and contact information for any agency having 28
files or information relating to the adoption; 29
(e) Any information relating to tribal membership or eligibility 30
for tribal membership of the Indian child; 31
(f) The determination regarding the [Indian child’s] residence, 32
domicile and tribal wardship status of the Indian child as required 33
under NRS 125E.250; 34
(g) A finding that the petitioner complied with the notice 35
requirements under subsection 2 of NRS 125E.220; 36
(h) If the adoptive placement and the parents entered into a post-37
adoptive contact agreement or the adoptive placement and the 38
[Indian child’s] tribe of the Indian child has entered into an 39
agreement that requires the adoptive placement to maintain 40
connection between the child and the [child’s] tribe [,] of the Indian 41
child, the terms of the agreement; and 42
(i) A finding that the adoptive placement complies with the 43
placement preferences under NRS 125E.350 or, if the placement 44
does not comply with the placement preferences under 45
– 68 –
- *AB227*
NRS 125E.350, a finding upon the petitioner’s motion under 1
subsection 3 of NRS 125E.350 that good cause exists for placement 2
contrary to the placement preferences. 3
3. For each finding or determination made under this section, 4
the court must provide a description of the facts upon which the 5
finding or determination is based. 6
4. Upon entry of the order [or decree] of adoption of an Indian 7
child, the court shall provide to the United States Bureau of Indian 8
Affairs copies of the order [or decree] entered pursuant to NRS 9
127.150, any affidavit signed by a consenting parent requesting 10
anonymity, and all other required information in accordance with 25 11
C.F.R. § 23.140. 12
Sec. 136. NRS 127.152 is hereby amended to read as follows: 13
127.152 1. Except as otherwise provided in subsection [3,] 4, 14
the [agency which provides child welfare services or a licensed] 15
child-placing agency shall provide the [adopting] prospective 16
adoptive parents of a child with a report which includes: 17
(a) A copy of any medical records of the child which are in the 18
possession of the [agency which provides child welfare services or 19
licensed] child-placing agency. 20
(b) Any information obtained by the [agency which provides 21
child welfare services or licensed] child-placing agency during 22
interviews of the [natural] parent regarding: 23
(1) The medical and sociological history of the child and the 24
[natural] parents of the child; and 25
(2) Any behavioral, emotional or psychological problems 26
that the child may have. [Information regarding any behavioral, 27
emotional or psychological problems that the child may have must 28
be discussed in accordance with policies established by an agency 29
which provides child welfare services and a child-placing agency 30
pursuant to regulations adopted by the Division for the disclosure of 31
such information.] 32
(c) Written information regarding any subsidies, assistance and 33
other services that may be available to the child if it is determined 34
pursuant to NRS 127.186 that the child has any special needs. 35
2. Any information regarding any behavioral, emotional or 36
psychological problems that the child may have must be discussed 37
in accordance with policies established by a child-placing agency 38
pursuant to regulations adopted by the Division for the disclosure 39
of such information. 40
3. The [agency which provides child welfare services or] child-41
placing agency shall obtain from the [adopting] prospective 42
adoptive parents written confirmation that the [adopting] 43
prospective adoptive parents have received the report required 44
pursuant to subsection 1. 45
– 69 –
- *AB227*
[3.] 4. The report required pursuant to subsection 1 must 1
exclude any information that would lead to the identification of [the 2
natural] a parent. 3
[4.] 5. The Division shall adopt regulations specifying the 4
procedure and format for the provision of information pursuant to 5
this section, which may include the provision of a summary of 6
certain information. 7
6. If a summary is provided pursuant to this section, the 8
[adopting] prospective adoptive parents [of the child] may also 9
obtain the information set forth in subsection 1. 10
Sec. 137. NRS 127.157 is hereby amended to read as follows: 11
127.157 1. After an order [or decree] of adoption has been 12
entered, the court shall direct the petitioner or [his or her] the 13
attorney of the petitioner to prepare a report of adoption on a form 14
prescribed and furnished by the State Registrar of Vital Statistics. 15
2. The report described in subsection 1 must: 16
(a) Identify the original certificate of birth of the person 17
adopted; 18
(b) Provide sufficient information to prepare a new certificate of 19
birth for the person adopted; 20
(c) Identify the order [or decree] of adoption; and 21
(d) Be certified by the clerk of the court. 22
[2. The agency which provides child welfare services shall 23
provide the petitioner or his or her attorney with any factual 24
information which will assist in the preparation of the report 25
required in subsection 1.] 26
3. If an order [or decree] of adoption is amended or annulled, 27
the petitioner or [his or her] the attorney of the petitioner shall 28
prepare a report to the State Registrar of Vital Statistics, which 29
includes sufficient information to identify the original order [or 30
decree] of adoption and the provisions of that [decree] order which 31
were amended or annulled. 32
[4. The petitioner or his or her attorney shall forward all reports 33
required by the provisions of this section to the State Registrar of 34
Vital Statistics not later than the 10th day of the month next 35
following the month in which the order or decree was entered, or 36
more frequently if requested by the State Registrar, together with 37
any related material the State Registrar may require.] 38
Sec. 138. NRS 127.160 is hereby amended to read as follows: 39
127.160 1. Upon the entry of an order of adoption, the child 40
shall become the legal child of the persons adopting the child, and 41
[they] such persons shall become the [child’s] legal parents of the 42
child with all the rights and duties between them of [natural parents] 43
parent and [legitimate] child. 44
– 70 –
- *AB227*
2. By virtue of [such] the adoption , the child shall inherit from 1
[his or her] the adoptive parents or their relatives the same as though 2
the child were the [legitimate] natural child of such parents, and in 3
case of the death of the child intestate the adoptive parents and their 4
relatives shall inherit the [child’s] estate of the child as if [they] the 5
adoptive parents had been the [child’s] natural parents and relatives 6
in fact [.] of the child. 7
3. After [a decree] an order of adoption , [is entered,] any 8
parent who [has signed] executed a relinquishment or [given] a 9
specific consent to [terminate his or her] adoption that also 10
terminated parental rights is relieved of all parental responsibilities 11
for the adopted child and shall not exercise or have any rights over 12
the adopted child or the property of the adopted child. 13
4. The child does not owe a parent whose parental rights have 14
been terminated any legal duty and may not inherit from a parent 15
whose parental rights have been terminated or [his or her] kindred 16
[.] of a parent whose parental rights have been terminated. 17
5. Notwithstanding any other provisions to the contrary in this 18
section, the adoption of a child does not in any way change the 19
status of the relationship between the child and any [legal] parent 20
who is a petitioner and whose parental rights have not been 21
terminated. 22
Sec. 139. NRS 127.165 is hereby amended to read as follows: 23
127.165 1. A [prior] parent [of a child] may not bring an 24
action to set aside an adoption after a petition for adoption has been 25
granted, unless a court of competent jurisdiction has previously, in a 26
separate action: 27
(a) Set aside the specific consent to [the] adoption; 28
(b) Set aside the relinquishment ; [of the child for adoption;] or 29
(c) Reversed an order terminating the parental rights of the 30
parent. 31
2. After a petition for adoption has been granted, there is a 32
presumption for the purposes of this chapter that remaining in the 33
home of the [adopting] adoptive parents is in the [child’s] best 34
[interest.] interests of the child. 35
Sec. 140. NRS 127.171 is hereby amended to read as follows: 36
127.171 1. Except as otherwise provided in NRS 127.187 to 37
127.1895, inclusive, in a proceeding for the adoption of a child, the 38
court may grant a reasonable right to visit to: 39
(a) A sibling of the child if the child is in the custody of an 40
agency which provides child welfare services and a similar right has 41
been granted previously pursuant to NRS 432B.580; and 42
(b) Certain relatives of the child only if a similar right had been 43
granted previously pursuant to NRS 125C.050. 44
– 71 –
- *AB227*
2. [The agency which provides child welfare services shall 1
provide the court which is conducting the adoption proceedings with 2
a copy of any order for visitation with a sibling of the child that was 3
issued pursuant to NRS 432B.580. 4
3.] The court may not grant a right to visit the child to any 5
person other than as specified in subsection 1. 6
Sec. 141. NRS 127.186 is hereby amended to read as follows: 7
127.186 1. [The agency which provides child welfare 8
services or a] A child-placing agency [licensed by the Division 9
pursuant to this chapter] may consent to the adoption of a child 10
[under 18 years of age] with special needs [due to race, age or 11
physical or mental problems] who is in the custody of the [agency 12
which provides child welfare services or the licensed] child-placing 13
agency by [proposed] prospective adoptive parents when, in the 14
judgment of [the agency which provides child welfare services or] 15
the child-placing agency, it would be in the best interests of the 16
child to be placed in that adoptive home. 17
2. The [agency which provides child welfare services or] child-18
placing agency [, whichever has custody of the child,] shall in a 19
timely and diligent manner: 20
(a) Schedule any evaluations necessary to identify any special 21
needs the child may have. 22
(b) If it determines that the child has any special needs [: 23
(1) Notify the proposed adoptive parents: 24
(I) That they may be eligible for a grant of financial 25
assistance pursuant to this section; and 26
(II) The manner in which to apply for such financial 27
assistance; and 28
(2) Assist] , assist the [proposed] prospective adoptive 29
parents in applying for and satisfying any other prerequisites 30
necessary to obtain [a grant of financial assistance pursuant to this 31
section and] any [other] relevant subsidies and services which may 32
be available. 33
3. [The agency which provides child welfare services may 34
grant financial assistance for attorney’s fees in the adoption 35
proceeding, for maintenance and for preexisting physical or mental 36
conditions to the adoptive parents of a child with special needs out 37
of money provided for that purpose if the head of the agency which 38
provides child welfare services or his or her designee has reviewed 39
and approved in writing the grant of financial assistance. 40
4. The grant of financial assistance must be limited, both as to 41
amount and duration, by agreement in writing between the agency 42
which provides child welfare services and the adoptive parents. 43
Such an agreement must not become effective before the entry of 44
the order of adoption. 45
– 72 –
- *AB227*
5. Any grant of financial assistance must be reviewed and 1
evaluated at least once annually by the agency which provides child 2
welfare services. The evaluation must be presented for approval to 3
the head of the agency which provides child welfare services or his 4
or her designee. Financial assistance must be discontinued 5
immediately upon written notification to the adoptive parents by the 6
agency which provides child welfare services that continued 7
assistance is denied. 8
6. All financial assistance provided under this section ceases 9
immediately when the child: 10
(a) Reaches 18 years of age, if the child is not enrolled in 11
school, or 19 years of age, if the child is enrolled in school; 12
(b) Graduates from high school, if the child is at least 18 years 13
of age; 14
(c) Becomes self-supporting; 15
(d) Is emancipated; or 16
(e) Dies. 17
7. Neither a grant of financial assistance pursuant to this 18
section nor any discontinuance of such assistance affects the legal 19
status or respective obligations of any party to the adoption. 20
8.] A court shall waive all court costs of the [proposed] 21
prospective adoptive parents in an adoption proceeding for a child 22
with special needs if the [agency which provides child welfare 23
services or] child-placing agency consents to the adoption of such a 24
child pursuant to this section. 25
[9. The Division, in consultation with each agency which 26
provides child welfare services, shall adopt regulations regarding 27
eligibility for and the procedures for applying for a grant of financial 28
assistance pursuant to this section.] 29
Sec. 142. NRS 127.1861 is hereby amended to read as 30
follows: 31
127.1861 1. A petition to vacate an order [or decree] of 32
adoption of an Indian child under this chapter may be filed in a court 33
of competent jurisdiction by a parent who consented to the adoption. 34
2. Upon the filing of a petition under this section, the court 35
shall set a time for a hearing on the petition and provide notice of 36
the petition and hearing to each party to the adoption proceeding and 37
to the [Indian child’s] tribe [.] of the Indian child. 38
3. After a hearing on the petition, the court shall vacate the 39
order [or decree] of adoption if: 40
(a) The petition is filed not later than 2 years following the date 41
of the order ; [or decree;] and 42
(b) The court finds by clear and convincing evidence that the 43
[parent’s] consent of the parent was obtained through fraud or 44
duress. 45
– 73 –
- *AB227*
4. When the court vacates an order [or decree] of adoption 1
under this section, the court shall also order that the parental rights 2
of the parent whose consent the court found was obtained through 3
fraud or duress be restored. 4
5. The order restoring parental rights under this section must 5
include a plan for the physical custody of the Indian child, whether 6
the Indian child will be placed with [an] a child-placing agency 7
[which provides child welfare services] or with the parent. 8
Sec. 143. NRS 127.1863 is hereby amended to read as 9
follows: 10
127.1863 1. If an order [or decree] of adoption of an Indian 11
child under this chapter is vacated, the court vacating the order [or 12
decree] must notify, by registered or certified mail with return 13
receipt requested, the [Indian child’s] former parents, prior Indian 14
custodian, if any, and [Indian] tribe of the Indian child and the 15
appropriate child-placing agency . [which provides child welfare 16
services.] 17
2. The notice required under subsection 1 must: 18
(a) Include the [Indian child’s] current [name] and any former 19
names of the Indian child as reflected in the court record; 20
(b) Inform the recipient of the right to move the court for the 21
return of custody of and restoration of parental rights to the Indian 22
child, if appropriate, under this section; 23
(c) Provide sufficient information to allow the recipient to 24
participate in any scheduled hearings; and 25
(d) Be sent to the last known address in the court record. 26
3. [An Indian child’s] A former parent or prior Indian 27
custodian of an Indian child may waive notice under this section by 28
executing a waiver of notice in person before the court and filing the 29
waiver with the court. 30
4. The waiver described in subsection 3 must clearly set out 31
any conditions to the waiver. 32
5. Before the execution of the waiver [,] described in 33
subsection 3, the court must explain to the former parent or prior 34
Indian custodian, on the record in detail and in the language of the 35
former parent or prior Indian custodian: 36
(a) The [former parent’s] right to legal counsel [,] of the former 37
parent, if applicable; 38
(b) The terms and consequences of the waiver; and 39
(c) How the waiver may be revoked. 40
[4.] 6. After execution of the waiver pursuant to subsection 3, 41
the court shall certify that it provided the explanation as required 42
under subsection [3] 5 and that the former parent or prior Indian 43
custodian fully understood the explanation. 44
– 74 –
- *AB227*
[5.] 7. At any time before the entry of an order [or decree] of 1
adoption of an Indian child, the former parent or prior Indian 2
custodian may revoke a waiver executed by the former parent or 3
prior Indian custodian pursuant to subsection 3 by filing a written 4
revocation with the court or by making a statement of revocation on 5
the record in a proceeding for the adoption of the Indian child. 6
[6.] 8. If an order [or decree] of adoption of an Indian child 7
under this chapter is vacated other than as provided in NRS 8
125E.360, [an Indian child’s] a former parent or prior Indian 9
custodian of an Indian child may intervene in the proceeding and 10
move the court for the Indian child to be returned to the custody of 11
the former parent or prior Indian custodian and for the parental 12
rights to the Indian child to be restored. 13
9. The moving party described in subsection 8 shall provide by 14
registered or certified mail, return receipt requested, notice of the 15
motion for the Indian child to be returned to the custody of the 16
former parent or prior Indian custodian and the time set for filing 17
objections to the motion, together with notice of proceeding in the 18
form required under subsection 3 of NRS 125E.220 to: 19
(a) The agency which provides child welfare services in the 20
county in which the order was vacated; 21
(b) Each tribe of which the child may be a member or in which 22
the Indian child may be eligible for membership; 23
(c) The [child’s] parents [;] of the child; 24
(d) The [child’s] Indian custodian [,] of the child, if applicable; 25
and 26
(e) The appropriate Regional Director of the United States 27
Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the 28
identity or location of the [child’s] parents of the child cannot be 29
ascertained. 30
[] 10. The petitioner shall file a declaration of compliance, 31
including a copy of each notice sent under [this] subsection [,] 9, 32
together with any return receipts or other proof of service. 33
[7.] 11. Upon the filing of an objection to a motion made 34
pursuant to subsection [6,] 8, the court shall fix the time for hearing 35
on objections. 36
[8.] 12. The court shall order the Indian child to be returned to 37
the custody of the former parent or prior Indian custodian or restore 38
the parental rights to the Indian child unless the court finds, by clear 39
and convincing evidence, that the return of custody or restoration of 40
parental rights is not in the [child’s] best interests [,] of the child, as 41
described in NRS 125E.230. If the court orders the Indian child to 42
be returned to the custody of the former parent or prior Indian 43
custodian, the [court’s] order of the court must include a transition 44
– 75 –
- *AB227*
plan for the physical custody of the child, which may include 1
protective supervision. 2
[9.] 13. As used in this section: 3
(a) “Former parent” means a person who was previously the 4
[legal] parent of an Indian child subject to an order [or decree] of 5
adoption under this chapter and whose parental rights have not been 6
restored under NRS 127.1861. 7
(b) “Prior Indian custodian” means a person who was previously 8
the custodian of an Indian child subject to an order [or decree] of 9
adoption of the child under this chapter. 10
Sec. 144. NRS 127.187 is hereby amended to read as follows: 11
127.187 1. [The natural] Each parent [or parents] and [the] 12
each prospective adoptive parent [or parents] of a child [to be 13
adopted] for adoption may enter into an enforceable agreement that 14
provides for postadoptive contact between: 15
(a) The child and [his or her natural] a parent ; [or parents;] 16
(b) [The] Each adoptive parent [or parents] and [the natural] 17
each parent ; [or parents;] or 18
(c) Any combination [thereof.] of the persons described in 19
paragraphs (a) and (b). 20
2. An agreement that provides for postadoptive contact is 21
enforceable if: 22
(a) The agreement is in writing [and] ; 23
(b) The agreement is signed by [the parties; 24
(b)] each prospective adoptive parent; 25
(c) The agreement is signed by each parent before: 26
(1) The termination of the parental rights of the parent; 27
(2) The execution of a relinquishment; or 28
(3) The execution of a specific consent to adoption; and 29
(d) The agreement is incorporated into an order [or decree] of 30
adoption . [; and 31
(c) In the case of an agreement that concerns a child who was in 32
the custody of an agency which provides child welfare services 33
before being adopted: 34
(1) The agency which provides child welfare services has 35
determined that the agreement is in the best interest of the child; or 36
(2) The court has determined, after a hearing, that the 37
agreement is in the best interest of the child.] 38
3. The identity of a [natural] parent is not required to be 39
included in an agreement that provides for postadoptive contact [. If] 40
, and if such information is withheld, an agent who may receive 41
service of process for the [natural] parent must be provided in the 42
agreement. 43
– 76 –
- *AB227*
4. A [natural] parent or adoptive parent who enters into an 1
agreement that provides for postadoptive contact shall include in the 2
agreement [an] : 3
(a) A physical address at which the [natural] parent or adoptive 4
parent may receive service of a petition filed pursuant to NRS 5
127.1885 [.] by certified or registered mail, return receipt 6
requested; or 7
(b) An electronic mail address at which the parent or adoptive 8
parent may receive service of a petition filed pursuant to 9
NRS 127.1885. 10
5. If a [natural] parent or adoptive parent refuses or fails to 11
include [such an] a physical address or an electronic mail address 12
in an agreement that provides for postadoptive contact [,] pursuant 13
to subsection 4, the court may, on the date on which the court enters 14
an order [or decree] of adoption which incorporates the agreement, 15
order the child-placing agency [which provides child welfare 16
services] to provide the court with the [contact information] 17
physical address of the [natural] parent or adoptive parent who 18
refused or failed to include [his or her] the physical address [.] or 19
electronic mail address. 20
6. If a court [so] orders [,] the provision of information 21
pursuant to subsection 5, the court shall: 22
(a) Append the physical or electronic mail address to the 23
agreement for postadoptive contact; and 24
(b) Make the physical or electronic mail address available to 25
any party to the agreement who wishes to file a petition pursuant to 26
NRS 127.1885. 27
[5.] 7. If a [natural] parent or adoptive parent changes [his or 28
her] a physical address or electronic mail address that was included 29
in an agreement that provides for postadoptive contact pursuant to 30
subsection 4, the parent or adoptive parent, as applicable, shall file 31
with the clerk of the court notice of the change [of address within] 32
not later than 15 days after the change . [of address. 33
6.] 8. A court that enters an order [or decree] of adoption 34
which incorporates an agreement that provides for postadoptive 35
contact shall retain jurisdiction to enforce, modify or terminate the 36
agreement that provides for postadoptive contact until: 37
(a) The child reaches 18 years of age; 38
(b) The child becomes emancipated; or 39
(c) The agreement is terminated. 40
[7.] 9. The establishment of an agreement that provides for 41
postadoptive contact does not affect the rights of an adoptive parent 42
as the legal parent of the child as set forth in NRS 127.160. 43
– 77 –
- *AB227*
Sec. 145. NRS 127.1875 is hereby amended to read as 1
follows: 2
127.1875 1. Each prospective adoptive parent of a child to be 3
adopted who enters into an agreement that provides for postadoptive 4
contact pursuant to NRS 127.187 shall notify the court responsible 5
for entering the order [or decree] of adoption [of the child] of the 6
existence of the agreement as soon as practicable after the 7
agreement is established [,] by the parties, but not later than the time 8
at which the court enters the order [or decree] of adoption . [of the 9
child.] 10
2. Each [: 11
(a) Director] director or other authorized representative of the 12
[agency which provides child welfare services or the licensed] child-13
placing agency involved in the adoption proceedings concerning the 14
child [;] and 15
[(b) Attorney] each attorney representing a prospective adoptive 16
parent, the child [, the agency which provides child welfare 17
services] or the [licensed] child-placing agency in the adoption 18
proceedings concerning the child [, 19
] shall, as soon as practicable after obtaining actual knowledge 20
that [the] a prospective adoptive parent [or parents of the child] and 21
[the natural] a parent [or parents of the child] have entered into an 22
agreement that provides for postadoptive contact pursuant to NRS 23
127.187, notify the court responsible for entering the order [or 24
decree] of adoption [of the child] of the existence of the agreement. 25
Sec. 146. NRS 127.188 is hereby amended to read as follows: 26
127.188 1. Before a court may enter an order [or decree] of 27
adoption , [of a child,] the court must address : [in person:] 28
(a) Except as otherwise provided in subsection 2, each 29
prospective adoptive parent of the child to be adopted; 30
(b) Each director or other authorized representative of the 31
[agency which provides child welfare services or the licensed] child-32
placing agency involved in the adoption proceedings concerning the 33
child; and 34
(c) Each attorney representing a prospective adoptive parent, the 35
child, and the [agency which provides child welfare services or the 36
licensed] child-placing agency in the adoption proceedings 37
concerning the child, 38
and inquire whether the person has actual knowledge that [the] 39
any prospective adoptive parent [or parents of the child] and 40
[natural] any parent [or parents] of the child have entered into an 41
agreement that provides for postadoptive contact pursuant to 42
NRS 127.187. 43
– 78 –
- *AB227*
2. The court may for purposes of subsection 1 address a 1
prospective adoptive parent described in NRS 127.145 by telephone 2
[.] or video conference. 3
3. If the court determines that [the] any prospective adoptive 4
parent [or parents] and [the natural] any parent [or parents have] has 5
entered into an agreement that provides for postadoptive contact [,] 6
pursuant to NRS 127.187, the court shall: 7
(a) Order the prospective adoptive parent [or parents] to provide 8
a copy of the agreement to the court; and 9
(b) Incorporate the agreement into the order [or decree] of 10
adoption. 11
Sec. 147. NRS 127.1885 is hereby amended to read as 12
follows: 13
127.1885 1. A [natural] parent who has entered into an 14
agreement that provides for postadoptive contact pursuant to NRS 15
127.187 may, for good cause shown: 16
(a) Petition the court that entered the order [or decree] of 17
adoption of the child to prove the existence of the agreement that 18
provides for postadoptive contact and to request that the agreement 19
be incorporated into the order [or decree] of adoption; and 20
(b) During the period set forth in subsection 2 of NRS 127.189, 21
petition the court that entered the order [or decree] of adoption of 22
the child to enforce the terms of the agreement that provides for 23
postadoptive contact if the agreement complies with the 24
requirements of subsection 2 of NRS 127.187. 25
2. An adoptive parent who has entered into an agreement that 26
provides for postadoptive contact pursuant to NRS 127.187 may: 27
(a) During the period set forth in subsection 2 of NRS 127.189, 28
petition the court that entered the order [or decree] of adoption of 29
the child to enforce the terms of the agreement that provides for 30
postadoptive contact if the agreement complies with the 31
requirements of subsection 2 of NRS 127.187; and 32
(b) Petition the court that entered the order [or decree] of 33
adoption of the child to modify or terminate the agreement that 34
provides for postadoptive contact in the manner set forth in 35
NRS 127.1895. 36
3. A petition filed pursuant to this section must be: 37
(a) Filed under the same case number as the proceeding for 38
adoption; 39
(b) Served by the [natural] parent or adoptive parent who filed 40
the petition [using registered mail] upon each other [natural] parent 41
or adoptive parent, as applicable, who has entered into the 42
agreement that provides for postadoptive contact [at] using the 43
[address] method of service provided pursuant to subsection 4 or 5 44
of NRS 127.187; and 45
– 79 –
- *AB227*
(c) Heard by: 1
(1) If [he or she is] available, the judge who issued the order 2
[or decree] of adoption ; [of the child;] 3
(2) If the judge described in subparagraph (1) is unavailable 4
and if a family court has been established in the judicial district, a 5
judge of the family court; or 6
(3) If the judge described in subparagraph (1) is unavailable 7
and if a family court has not been established in the judicial district, 8
any district judge of the judicial district. 9
Sec. 148. NRS 127.189 is hereby amended to read as follows: 10
127.189 1. [Failure] The failure of a party to comply with 11
the terms of an agreement that provides for postadoptive contact 12
entered into pursuant to NRS 127.187 may not be used as a ground 13
to: 14
(a) Set aside an order [or decree] of adoption; 15
(b) Revoke, nullify or set aside a valid [release for or] specific 16
consent to [an] adoption or a relinquishment ; [for adoption;] or 17
(c) Except as otherwise provided in NRS 41.509, award any 18
civil damages to a party to the agreement. 19
2. Any action to enforce the terms of an agreement that 20
provides for postadoptive contact must be commenced not later than 21
120 days after the date on which the agreement was breached [.] by 22
a party. 23
Sec. 149. NRS 127.1895 is hereby amended to read as 24
follows: 25
127.1895 1. An agreement that provides for postadoptive 26
contact entered into pursuant to NRS 127.187 may only be modified 27
or terminated by an adoptive parent petitioning the court that 28
entered the order [or decree] which included the agreement. [The] 29
2. A court may not grant a request to modify or terminate [the] 30
an agreement [only if:] pursuant to subsection 1 unless: 31
(a) The adoptive parent petitioning the court for the modification 32
or termination establishes that: 33
(1) A change in circumstances warrants the modification or 34
termination; and 35
(2) The contact provided for in the agreement is no longer in 36
the best interests of the child; or 37
(b) Each party to the agreement consents to the modification or 38
termination. 39
[2.] 3. If an adoptive parent petitions the court for a 40
modification or termination of an agreement pursuant to this section: 41
(a) There is a presumption that the modification or termination 42
is in the best interests of the child; and 43
(b) The court may consider the wishes of the child involved in 44
the agreement. 45
– 80 –
- *AB227*
[3.] 4. Any order issued pursuant to this section to modify an 1
agreement that provides for postadoptive contact: 2
(a) May limit, restrict, condition or decrease contact between the 3
parties involved in the agreement; and 4
(b) May not expand or increase the contact between the parties 5
involved in the agreement or place any new obligation on an 6
adoptive parent. 7
Sec. 150. NRS 127.190 is hereby amended to read as follows: 8
127.190 1. Notwithstanding any other provision of law, [any] 9
an adult [person] may adopt any other adult [person] if: 10
(a) The adult being adopted is not more than 10 years younger 11
than [himself or herself, except] the adopting adult; 12
(b) The adult being adopted is not the spouse of the adopting 13
[person, by] adult; 14
(c) The adults execute an agreement of adoption in accordance 15
with subsection 2; and 16
(d) The agreement of adoption is approved by [a decree] an 17
order of adoption [of the district court in the county in which either 18
the person adopting or the person adopted resides.] pursuant to 19
NRS 127.210. 20
2. [The] An agreement of adoption [shall be] must: 21
(a) Be in writing [and shall be executed] ; 22
(b) Be signed by the [person] adopting adult and the [person to 23
be] adult being adopted [, and shall set] ; and 24
(c) Set forth that the parties agree to assume [toward each other] 25
the legal relation of parent and child, and to have all of the rights 26
and be subject to all of the duties and responsibilities of that 27
relation. 28
Sec. 151. NRS 127.200 is hereby amended to read as follows: 29
127.200 1. [A] An adult who is married [person] but who is 30
not lawfully separated from [his or her] a spouse may not adopt an 31
adult [person] without [the consent of] the spouse of the adopting 32
[person,] adult agreeing to the adoption, if such spouse is capable 33
of giving [such consent.] the agreement. 34
2. [A] An adult who is married [person] but who is not 35
lawfully separated from [his or her] a spouse may not be adopted 36
without [the consent of] the spouse of the [person to be] adult being 37
adopted [,] agreeing to the adoption, if such spouse is capable of 38
giving [such consent.] the agreement. 39
3. [Neither the consent] The agreement to the adoption of [the 40
natural] a parent [or parents] of [the person to be] an adult being 41
adopted, [nor of] the Division [, nor of] or any other person is not 42
required [.] for the adoption of the adult. 43
– 81 –
- *AB227*
Sec. 152. NRS 127.210 is hereby amended to read as follows: 1
127.210 1. [The] An adult who is adopting [person] another 2
adult and the [person to be] adult who is being adopted may file in 3
the district court in the county in which either adult resides a 4
petition [praying] for approval of the agreement of adoption [by] 5
and the issuance of [a decree] an order of adoption. 6
2. A petition for the adoption of an adult must contain: 7
(a) The full name and age of each adult; 8
(b) Set forth that the parties agree to assume the legal relation 9
of parent and child; 10
(c) If an adult being adopted desires a new name, the name 11
which the adult desires to bear in the future; 12
(d) If the adult desires an amended certificate of birth: 13
(1) The full name of each legal parent to appear on the 14
amended certificate of birth; and 15
(2) The full name of any parent which appeared on the 16
original certificate of birth but which will not be displayed on the 17
amended certificate of birth; and 18
(e) A declaration that the petition complies with the law. 19
3. The court shall fix a time and place for a hearing on the 20
petition [, and both the person] for adoption unless the hearing is 21
waived by the court upon the request of the adopting adult and the 22
adult being adopted. 23
4. Except as otherwise provided in subsection 3, the adopting 24
adult and the [person to be] adult being adopted shall appear at the 25
hearing on the petition in person [, but if such] or by video 26
conference, unless the appearance of one or both of the adults is 27
impossible or impractical, in which case, the appearance may be 28
made [for either or both of such persons] by counsel empowered in 29
writing to make [such] the appearance. 30
[3.] 5. The court may require notice of the time and place of 31
the hearing described in subsection 3 to be served on other 32
interested persons, and any such interested person may appear and 33
object to the proposed adoption. 34
[4. No investigation or report to the court by any public officer 35
is required, but the court may require the Division to investigate the 36
circumstances and report thereon, with recommendations, to the 37
court before the hearing. 38
5.] 6. At the hearing described in subsection 3, the court shall 39
examine the [parties,] adopting adult and the adult being adopted, 40
or the counsel of [any party] such adults not present in person [.] or 41
by video conference at the hearing. 42
7. If the court is satisfied that the adoption will be for the best 43
interests of the [parties and in the public interest,] adopting adult 44
and the adult to be adopted and that there is [no] not a reason [why] 45
– 82 –
- *AB227*
to deny the petition , [should not be granted,] the court shall 1
[approve] : 2
(a) Approve the agreement of adoption [, and enter a decree] ; 3
(b) Enter an order of adoption declaring that the [person 4
adopted] adult being adopted is the child of the [person] adopting 5
[him or her. Otherwise, the] adult; and 6
(c) Enter an order for a name change. 7
8. If the court is not satisfied under subsection 7, the court 8
shall withhold approval of the agreement of adoption and deny [the 9
prayer of] the petition [.] for adoption. 10
Sec. 153. NRS 127.220 is hereby amended to read as follows: 11
127.220 As used in NRS 127.220 to 127.310, inclusive, unless 12
the context otherwise requires: 13
1. [“Agency which provides child welfare services” has the 14
meaning ascribed to it in NRS 432B.030. 15
2.] “Arrange the placement of a child” means to make 16
preparations for or bring about any agreement or understanding 17
concerning the adoption of a child. 18
[3. “Child-placing agency” means a nonprofit corporation 19
organized pursuant to chapter 82 of NRS, and licensed by the 20
Division to place children for adoption or permanent free care. 21
4. “Person” includes a hospital. 22
5.] 2. “Recommend the placement of a child” means to 23
suggest to a child-placing agency that a prospective adoptive parent 24
be allowed to adopt a specific child, born or in utero. 25
Sec. 154. NRS 127.230 is hereby amended to read as follows: 26
127.230 1. The Division shall: 27
(a) Establish reasonable minimum standards for child-placing 28
agencies. 29
(b) In consultation with each agency which provides child 30
welfare services, adopt: 31
(1) Regulations concerning the operation of [an agency 32
which provides child welfare services and] child-placing agencies. 33
(2) Regulations establishing the procedure to be used by [an 34
agency which provides child welfare services and] a child-placing 35
agency in placing children for adoption, which must allow [the 36
natural] each parent [or parents] and [the] each prospective adoptive 37
parent [or parents] to determine, by mutual [consent,] agreement, 38
the amount of identifying information that will be communicated 39
concerning each [of them.] parent and prospective adoptive parent, 40
respectively. 41
(3) Any other regulations necessary to carry out its powers 42
and duties regarding the adoption of children or the placement of 43
children for adoption or permanent free care, including, without 44
limitation, such regulations necessary to ensure compliance with the 45
– 83 –
- *AB227*
provisions of this chapter and any regulations adopted pursuant 1
thereto. 2
2. Each [agency which provides child welfare services and] 3
child-placing agency shall conform to the standards established and 4
the regulations adopted pursuant to subsection 1. 5
Sec. 155. NRS 127.240 is hereby amended to read as follows: 6
127.240 1. Except as otherwise provided in this section, [no] 7
a person may not place, arrange the placement of, or assist in 8
placing or in arranging the placement of, any child for adoption or 9
permanent free care without securing and having in full force a 10
license to operate a child-placing agency issued by the Division. 11
This subsection applies to agents, servants, physicians and attorneys 12
of parents or guardians, as well as to other persons. 13
2. This section does not prohibit a parent or guardian from 14
placing, arranging the placement of, or assisting in placing or in 15
arranging the placement of, any child for adoption or permanent free 16
care if the placement is made pursuant to the provisions of NRS 17
127.280, 127.2805 and [127.2815.] 127.2817. 18
3. This section does not prohibit an agency which provides 19
child welfare services from placing, arranging the placement of, or 20
assisting in placing or in arranging the placement of, any child for 21
adoption or permanent free care [.] pursuant to sections 2 to 75, 22
inclusive, of this act. 23
4. This section does not prohibit a person, including a person 24
acting in [his or her] the professional capacity [,] of the person, 25
from sharing information regarding an adoption if [no] money or 26
other valuable consideration is not paid: 27
(a) For such information; or 28
(b) For any other service related to the adoption that is 29
performed after sharing information. 30
Sec. 156. NRS 127.280 is hereby amended to read as follows: 31
127.280 1. A child may not be placed in the home of 32
prospective adoptive parents [for the 30-day residence in that home 33
which is required before the filing of a petition for adoption, except 34
where a] by a child-placement agency unless: 35
(a) The child and one of the prospective adoptive parents are 36
related by blood within the third degree of consanguinity [, unless: 37
(a)] ; 38
(b) The [agency which provides child welfare services or a] 39
child-placing agency first receives written notice of the proposed 40
placement from: 41
(1) [The] Each prospective adoptive [parents] parent of the 42
child; 43
(2) The person recommending the placement; or 44
(3) A [natural] parent; 45
– 84 –
- *AB227*
[(b)] (c) The [investigation required by the provisions of NRS 1
127.2805 has been completed;] completion of a home study; and 2
[(c)] (d) In the case of [a specific] an identified adoption, [the 3
natural] each parent placing the child for adoption has had an 4
opportunity to review the report on the [investigation of the] home 5
[,] study, if possible. 6
2. Upon receipt of written notice from any person other than 7
the [natural] parent [,] under subsection 1, the [agency which 8
provides child welfare services or] child-placing agency [shall] must 9
communicate with the [natural] parent to confirm the [natural 10
parent’s] intention of the parent to place the child for adoption with 11
the prospective adoptive parents identified in the written notice. 12
Sec. 157. NRS 127.2805 is hereby amended to read as 13
follows: 14
127.2805 1. [The agency which provides child welfare 15
services or a] Except as otherwise provided in subsections 4, 5 and 16
6, a child-placing agency shall [, within] conduct a home study of a 17
prospective adoptive parent to determine the suitability of the 18
home for placement of a child for adoption. 19
2. A home study described in subsection 1 must be completed 20
not later than 60 days after [receipt of] receiving: 21
(a) A confirmation of the [natural parents’] intent of each parent 22
to place the child for adoption ; and [a] 23
(b) A completed application for adoption from [the] each 24
prospective adoptive [parents, complete an investigation of] parent. 25
3. In conducting the home study pursuant to subsection 1, the 26
child-placing agency shall investigate the medical, mental, 27
financial and moral [backgrounds] background of [the] a 28
prospective adoptive [parents to determine the suitability of the 29
home for placement of the child for adoption. The investigation 30
must also embrace] parent and investigate any other relevant factor 31
relating to the qualifications of the prospective adoptive [parents 32
and] parent. 33
4. A child-placing agency may [be a] substitute conducting a 34
home study required by this section for the post-placement 35
investigation required to be conducted by the child-placing agency 36
[which provides child welfare services] on behalf of the court when 37
a petition for adoption is pending, if the petition for adoption is filed 38
[within] not later than 6 months after the completion of the 39
[investigation required by this subsection. If a child-placing agency 40
undertakes the investigation, it shall provide progress reports to the 41
agency which provides child welfare services in such a format and 42
at such times as the agency which provides child welfare services 43
requires to ensure that the investigation will be completed within the 44
60-day period. If, at any time, the agency which provides child 45
– 85 –
- *AB227*
welfare services determines that it is unlikely that the investigation 1
will be completed in a timely manner, the agency which provides 2
child welfare services shall take over the investigation and complete 3
it within the 60-day period or as soon thereafter as practicable. 4
2.] home study. 5
5. If the [placement is to be made in a] home of a prospective 6
adoptive parent is located outside of this [state, the agency which 7
provides child welfare services or] State and the child for adoption 8
is not related to at least one prospective adoptive parent by blood 9
within the third degree of consanguinity, a child-placing agency 10
must receive a copy of a report [, completed by] from the 11
appropriate authority [,] in that state of an investigation of the home 12
of the prospective adoptive parent and the medical, mental, 13
financial and moral [backgrounds] background of the prospective 14
adoptive [parents to] parent, which must be used to determine the 15
suitability of the home for placement of the child for adoption . [, 16
unless the child and one of the prospective adoptive parents are 17
related within the third degree of consanguinity.] 18
6. A home study is not required in a closed-family adoption, 19
confirmatory adoption or readoption. 20
Sec. 158. NRS 127.281 is hereby amended to read as follows: 21
127.281 1. A prospective adoptive parent who is subject to 22
[an investigation by the agency which provides child welfare 23
services or a child-placing agency must] a home study shall submit 24
as part of the [investigation] home study a complete set of [his or 25
her] fingerprints and written permission authorizing the [agency 26
which provides child welfare services or] child-placing agency to 27
forward those fingerprints to the Central Repository for Nevada 28
Records of Criminal History for submission to the Federal Bureau 29
of Investigation [.] for its report. 30
2. The [agency which provides child welfare services or] child-31
placing agency may exchange with the Central Repository or the 32
Federal Bureau of Investigation any information respecting the 33
fingerprints submitted [.] pursuant to subsection 1. 34
3. When a report from the Federal Bureau of Investigation is 35
received by the Central Repository, it [shall] must immediately 36
forward a copy of the report to the [agency which provides child 37
welfare services or] child-placing agency that submitted the 38
fingerprints [.] pursuant to subsection 1. 39
4. [Any] A prospective adoptive parent shall pay the fees for 40
the fingerprinting and submission to the Central Repository and the 41
Federal Bureau of Investigation [must be paid by the prospective 42
adoptive parent, except that: 43
– 86 –
- *AB227*
(a) In a county whose population is less than 100,000, the 1
Division may adopt regulations providing for the payment of those 2
fees by the Division; or 3
(b) In a county whose population is 100,000 or more, the board 4
of county commissioners may provide by ordinance for the payment 5
of those fees by the agency which provides child welfare services.] 6
required by subsection 1. 7
Sec. 159. NRS 127.2815 is hereby amended to read as 8
follows: 9
127.2815 [1.] Pending the completion of the required 10
[investigation, the] home study, a child must be: 11
[(a)] 1. Retained by [the natural] a parent; or 12
[(b)] 2. Placed by [the natural] a parent with the [agency 13
which provides child welfare services or] child-placing agency and 14
placed by the [agency which provides child welfare services or] 15
child-placing agency in a foster home licensed pursuant to 16
NRS 424.030, 17
until a determination is made concerning the suitability of the 18
prospective adoptive parents. 19
[2. Upon completion of the investigation, the agency which 20
provides child welfare services or child-placing agency shall 21
forthwith inform the natural parent, the person recommending the 22
placement and the prospective adoptive parents of the decision to 23
approve or deny the placement. If the prospective adoptive home is 24
found: 25
(a) Suitable, the natural parent may execute a consent to a 26
specific adoption pursuant to NRS 127.053, if not previously 27
executed, and then the child may be placed in the home of the 28
prospective adoptive parents for the purposes of adoption. 29
(b) Unsuitable or detrimental to the interest of the child, the 30
agency which provides child welfare services or child-placing 31
agency shall file an application in the district court for an order 32
prohibiting the placement. If the court determines that the placement 33
should be prohibited, the court may nullify the written consent to the 34
specific adoption and order the return of the child to the care and 35
control of the parent who executed the consent, but if the parental 36
rights of the parent have been terminated by a relinquishment or a 37
final order of a court of competent jurisdiction or if the parent does 38
not wish to accept the child, then the court may order the placement 39
of the child with the agency which provides child welfare services 40
or a child-placing agency for adoption.] 41
Sec. 160. NRS 127.2817 is hereby amended to read as 42
follows: 43
127.2817 1. The Division, in consultation with each agency 44
which provides child welfare services, shall adopt regulations 45
– 87 –
- *AB227*
setting forth the criteria to be used by [an agency which provides 1
child welfare services or] a child-placing agency for determining 2
whether a prospective adoptive home is suitable or unsuitable for 3
the placement of a child for adoption. 4
2. Upon the completion of [an] a post-placement investigation 5
[conducted by an agency which provides child welfare services or a 6
child-placing agency pursuant to NRS 127.120] or [127.2805,] a 7
home study, the [agency which provides child welfare services or] 8
child-placing agency [shall] must inform [the] each prospective 9
adoptive parent [or parents] of the initial results of the investigation 10
[.] or home study. 11
3. If, pursuant to the investigation [, a] or home study, an 12
initial determination is made that a prospective adoptive home is 13
unsuitable for placement or detrimental to the interest of the child, 14
the [agency which provides child welfare services or] child-placing 15
agency [shall] must provide [the] each prospective adoptive parent 16
[or parents] with an opportunity to review and respond to the 17
investigation or home study with the [agency which provides child 18
welfare services or] child-placing agency before the issuance of the 19
official results of the investigation [.] or home study. 20
4. Upon the issuance of the official results of the 21
investigation or home study pursuant to subsection 3, the child-22
placing agency shall inform each parent, the person 23
recommending the placement and each prospective adoptive 24
parent of the official results. 25
5. If the child-placing agency determines in the official 26
results of the investigation or home study that the prospective 27
adoptive home is: 28
(a) Suitable, the parent may execute a specific consent to 29
adoption pursuant to NRS 127.053, if not previously executed, and 30
the child may be placed in the home of the prospective adoptive 31
parents for the purposes of adoption. 32
(b) Unsuitable or detrimental to the interest of the child, the 33
child-placing agency shall file an application in the district court 34
for an order prohibiting the placement. 35
6. If a child-placing agency files an application in the district 36
court for an order prohibiting the placement and the court 37
prohibits the placement, the court may nullify the specific consent 38
to adoption and order the return of the child to the care and 39
control of the parent who executed the specific consent, but if the 40
parental rights of the parent have been terminated by a 41
relinquishment or a final order of a court of competent 42
jurisdiction or if the parent does not wish to accept the child, the 43
court may order the placement of the child with a child-placing 44
agency for adoption. 45
– 88 –
- *AB227*
7. Except as otherwise provided in NRS 239.0115, the identity 1
of [those persons] a person who [are] is interviewed or [submit] 2
submits information concerning the investigation or home study 3
must remain confidential. 4
[3. An agency which provides child welfare services or a] 5
8. A child placing agency shall not determine that a prospective 6
adoptive home is unsuitable for placement or detrimental to the 7
interest of the child solely because [the] a prospective adoptive 8
parent : [or parents:] 9
(a) [Are] Is deaf, [are] is blind or [have] has another physical 10
disability; or 11
(b) [Are] Is the [holders] holder of a valid registry identification 12
card. 13
[4.] 9. As used in this section: 14
(a) “Blind” has the meaning ascribed to it in NRS 426.082. 15
(b) “Holder of a valid registry identification card” means a 16
person who holds a valid registry identification card as defined in 17
NRS 678C.080 that identifies the person as: 18
(1) Exempt from state prosecution for engaging in the 19
medical use of cannabis; or 20
(2) A designated primary caregiver as defined in 21
NRS 678C.040. 22
Sec. 161. NRS 127.2825 is hereby amended to read as 23
follows: 24
127.2825 A child-placing agency shall, to the extent 25
practicable, give preference to the placement of a child for adoption 26
or permanent free care together with [his or her] the siblings [.] of 27
the child. 28
Sec. 162. NRS 127.2827 is hereby amended to read as 29
follows: 30
127.2827 1. If a child who is in the custody of [an] a child-31
placing agency [which provides child welfare services] is placed for 32
adoption, the agency must provide the court which is conducting the 33
adoption proceedings with a copy of any order for visitation with a 34
sibling of the child that was issued pursuant to NRS 432B.580 . [and 35
the court must conduct a hearing to determine whether to include an 36
order for visitation with a sibling in the decree of adoption.] 37
2. The court shall incorporate an order for visitation provided 38
to the court pursuant to subsection 1 into the [decree] order of 39
adoption unless, not later than 30 days after notice of the filing of 40
the petition for adoption is provided to all legal custodians or 41
guardians of the child who are required to be provided with such 42
notice pursuant to NRS 127.123, any interested party in the 43
adoption, including, without limitation, the prospective adoptive 44
parent, the adoptive child, a sibling of the adoptive child [,] or the 45
– 89 –
- *AB227*
[agency which provides child welfare services or a licensed] child-1
placing agency petitions the court to exclude the order [of] for 2
visitation with a sibling from the [decree] order of adoption or 3
amend the order for visitation before including the order for 4
visitation in the [decree] order of adoption. 5
3. The hearing on a petition to amend or exclude the order for 6
visitation submitted pursuant to subsection 2 must be held on [a 7
different date than] the same day as the hearing on the petition for 8
adoption. 9
4. Any interested party is entitled to participate in the hearing 10
[.] on the petition to exclude or amend the order for visitation 11
submitted pursuant to subsection 2. 12
5. The clerk of the court shall give written notice of the time 13
and place of the hearing on the petition to exclude or amend the 14
order for visitation submitted pursuant to subsection 2 to [the] 15
each prospective adoptive parent, the adoptive child, a sibling of the 16
adoptive child, the attorney for the adoptive child or a sibling of the 17
adoptive child [,] and the [agency which provides child welfare 18
services and a licensed] child-placing agency. 19
6. Upon the petition of a sibling requesting the inclusion of an 20
order for visitation in the [decree] order of adoption, the court may 21
require [the agency which provides child welfare services or] the 22
child-placing agency to provide the clerk of the court with the 23
contact information of the prospective adoptive parent, the adoptive 24
child and the attorney for the adoptive child. 25
7. If [so] a child-placing agency is ordered [, the agency which 26
provides child welfare services or] to provide contact information 27
pursuant to subsection 6, the child-placing agency must provide 28
such contact information under seal. 29
[4.] 8. The sole consideration of the court in making a 30
determination concerning visitation with a sibling pursuant to this 31
section is the best interest of the child. 32
9. If a petition to amend or exclude an order for visitation is 33
submitted pursuant to subsection 2, the court must not enter [a 34
decree] an order of adoption until the court has made a 35
determination concerning visitation with a sibling. 36
[5.] 10. If an order for visitation with a sibling is included in [a 37
decree] an order of adoption, the court shall, upon the request of a 38
party to the order [,] for visitation, provide to the party the case 39
number of the adoption proceeding and any documents or records 40
necessary to enforce , modify or terminate the order [.] for 41
visitation. 42
[6.] 11. A party to an order for visitation with a sibling may 43
petition for enforcement , modification or termination of the order 44
at any time while the order is in effect. 45
– 90 –
- *AB227*
12. A person who fails to comply with the order for visitation 1
with a sibling is in contempt of court. 2
13. If a party to an order for visitation with a sibling withholds 3
the contact information of any person in violation of the order, the 4
court may order the [agency which provides child welfare services 5
or a licensed] child-placing agency to provide such contact 6
information to the court under seal. 7
Sec. 163. NRS 127.283 is hereby amended to read as follows: 8
127.283 1. [An agency which provides child welfare services 9
or any] A child-placing agency may [publish in any newspaper 10
published in this state or broadcast by television a] advertise: 11
(a) The photograph of and relevant personal information 12
concerning [any] a child in this State who is [difficult to place] 13
available for adoption [.] ; or 14
(b) Any information concerning the ability of the child-placing 15
agency to place, locate or receive children for adoption. 16
2. A child-placing agency shall [not publish or broadcast: 17
(a) Any personal information which reveals the identity of the 18
child or his or her parents; or 19
(b) A photograph or personal information for a child without the 20
prior approval of the agency having actual custody of the child.] 21
include in each advertisement authorized under subsection 1, a 22
statement which: 23
(a) Confirms that the child-placing agency holds a valid, 24
unrevoked licensed issued by the Division; 25
(b) Indicates the license number issued to the child-placing 26
agency by the Division; and 27
(c) Indicates that only agencies which provide child welfare 28
services and child-placing agencies may provide adoption services 29
under the laws of this State. 30
3. A person that is licensed in or otherwise qualified under 31
the laws of another state to place children for adoption or 32
permanent free care in that state shall not advertise that: 33
(a) A child in this State is available for adoption; or 34
(b) The person is able to place, locate or receive a child for 35
adoption in this State. 36
4. A person who publishes an advertisement of a child-37
placing agency described in subsection 1 shall not fail to include 38
the license number of the child-placing agency. 39
5. A person that violates the provisions of subsection 3 or 4 is 40
guilty of a category D felony and shall be punished as provided in 41
NRS 193.130. 42
6. A periodical, newspaper, radio station, Internet website or 43
other public medium is not subject to any criminal penalty or civil 44
– 91 –
- *AB227*
liability for disseminating an advertisement that violates the 1
provisions of this section. 2
7. As used in this section: 3
(a) “Advertise” or “advertisement” means a communication 4
that originates within this State by any public medium, including, 5
without limitation, a newspaper, periodical, article, notice, 6
magazine, telephone book listing, outdoor advertising, billboard, 7
sign, radio, television or computerized communication system, 8
including, without limitation, electronic mail, an Internet website 9
and an Internet account. 10
(b) “Internet account” means an account created within a 11
bounded system established by an Internet-based service that 12
requires a user to input or store information in an electronic 13
device in order to view, create, use or edit the account information, 14
profile, display, communications or stored data of the user. 15
Sec. 164. NRS 127.285 is hereby amended to read as follows: 16
127.285 1. [Any] Except as otherwise provided in 17
subsection 2, if an adoption would be governed by the provisions 18
of this chapter, an attorney licensed to practice law in this [state] 19
State or in any other state [: 20
(a) May] may not receive compensation for: 21
[(1)] (a) Taking part in finding [children] a child for 22
adoption; or 23
[(2)] (b) Finding [parents] a person to adopt [children.] a 24
child. 25
[(b) May] 26
2. An attorney licensed to practice law in this State or in any 27
other state may receive a reasonable compensation for legal services 28
provided in relation to adoption proceedings [.] governed by the 29
provisions of this chapter. 30
[2. An agency which provides child welfare services] 31
3. A child-placement agency shall report [any] a violation of 32
subsection 1 to [the] : 33
(a) The State Bar of Nevada if the alleged violator is licensed to 34
practice law in this [state,] State; or [to the] 35
(b) The bar association of the state in which the alleged violator 36
is licensed to practice [.] law. 37
[3. Any] 38
4. A person who violates the provisions of subsection 1 is 39
guilty of a misdemeanor. 40
Sec. 165. NRS 127.287 is hereby amended to read as follows: 41
127.287 1. Except as otherwise provided in subsection 3, if 42
an adoption would be governed by the provisions of this chapter, it 43
is unlawful for [any] a person to pay or offer to pay money or 44
– 92 –
- *AB227*
anything of value to the [natural] parent of a child in return for [the 1
natural parent’s] : 2
(a) The placement by the parent of the child for adoption [or] ; 3
(b) The execution of a relinquishment; 4
(c) The execution of specific consent to adoption; or 5
(d) The cooperation of the parent in the adoption of the child. 6
2. [It] If an adoption would be governed by the provisions of 7
this chapter, it is unlawful for [any] a person to receive payment for 8
medical and other necessary expenses related to the birth of a child 9
from a prospective adoptive parent with the intent of not consenting 10
to or completing the adoption of the child. 11
3. [A] If an adoption would be governed by the provisions of 12
this chapter, a person may pay the medical and other necessary 13
living expenses related to the birth of a child of another as an act of 14
charity so long as the payment is not contingent upon [the natural 15
parent’s] : 16
(a) The placement by the parent of the child for adoption [or] ; 17
(b) The execution of a relinquishment; 18
(c) The execution of specific consent to adoption; or 19
(d) The cooperation of the parent in the adoption of the child. 20
4. This section does not prohibit a [natural] parent from 21
refusing to place a child for adoption after its birth. 22
5. The provisions of this section do not apply if a woman 23
enters into a lawful contract to act as a gestational carrier, as defined 24
in NRS 126.580. 25
6. A person who violates subsection 1 is guilty of a category D 26
felony and shall be punished as provided in NRS 193.130. 27
7. A person who violates subsection 2 is guilty of a gross 28
misdemeanor. 29
Sec. 166. NRS 127.290 is hereby amended to read as follows: 30
127.290 1. Except as otherwise provided in NRS [127.275 31
and] 127.285, [no] a person who does not have in full force a license 32
to operate a child-placing agency may not request or accept, directly 33
or indirectly, any compensation or thing of value for [placing, 34
arranging] : 35
(a) Placing a child for adoption or permanent free care; 36
(b) Arranging the placement of [,] a child for adoption or 37
permanent free care; or [assisting] 38
(c) Assisting in placing or arranging the placement of [, any] a 39
child for adoption or permanent free care. 40
2. A licensed child-placing agency may accept fees for 41
operational expenses. 42
Sec. 167. NRS 127.300 is hereby amended to read as follows: 43
127.300 1. Except as otherwise provided in NRS [127.275,] 44
127.285, 200.463, 200.4631, 200.464 and 200.465, it is unlawful 45
– 93 –
- *AB227*
for a person , [who,] without holding a valid license to operate a 1
child-placing agency issued by the Division, [requests or receives,] 2
to request or receive, directly or indirectly, any compensation or 3
thing of value for [placing, arranging] : 4
(a) Placing a child for adoption or permanent free care; 5
(b) Arranging the placement of [,] a child for adoption or 6
permanent free care; or [assisting] 7
(c) Assisting in placing or arranging the placement of [any] a 8
child for adoption or permanent free care . 9
2. A person who violates the provisions of subsection 1 is 10
guilty of a category D felony and shall be punished as provided in 11
NRS 193.130. 12
[2. The natural parents and the adopting parents are] 13
3. A parent or adoptive parent is not [accomplices] an 14
accomplice for the purpose of this section. 15
Sec. 168. NRS 127.310 is hereby amended to read as follows: 16
127.310 1. Except as otherwise provided in NRS 127.240 [, 17
127.283] and 127.285, [any] it is unlawful for a person [or 18
organization] other than an agency which provides child welfare 19
services , [who,] without holding a valid unrevoked license to place 20
children for adoption issued by the Division [:] , to: 21
(a) [Places, arranges] Place a child for adoption or permanent 22
free care: 23
(b) Arrange the placement of [,] a child for adoption or 24
permanent free care; or [assists] 25
(c) Assist in placing or in arranging the placement of [, any] a 26
child for adoption or permanent free care . [; or 27
(b) Advertises that he or she will place children for adoption or 28
permanent free care, or accept, supply, provide or obtain children 29
for adoption or permanent free care, or causes any advertisement to 30
be disseminated soliciting, requesting or asking for any child or 31
children for adoption or permanent free care, 32
is guilty of a misdemeanor.] 33
2. [Any person who places, accepts placement of, or aids, abets 34
or counsels the placement of any child in violation of NRS 127.280, 35
127.2805 and 127.2815 is guilty of a misdemeanor. 36
3. A periodical, newspaper, radio station, Internet website or 37
other public medium is not subject to any criminal penalty or civil 38
liability for disseminating an advertisement that violates the 39
provisions of this section. 40
4. A child-placing agency shall include in any advertisement 41
concerning its services a statement which: 42
(a) Confirms that the child-placing agency holds a valid, 43
unrevoked license issued by the Division; and 44
– 94 –
- *AB227*
(b) Indicates any license number issued to the child-placing 1
agency by the Division. 2
5. As used in this section: 3
(a) “Advertise” or “advertisement” means a communication that 4
originates within this State by any public medium, including, 5
without limitation, a newspaper, periodical, telephone book listing, 6
outdoor advertising, sign, radio, television or a computerized 7
communication system, including, without limitation, electronic 8
mail, an Internet website or an Internet account. 9
(b) “Internet account” means an account created within a 10
bounded system established by an Internet-based service that 11
requires a user to input or store information in an electronic device 12
in order to view, create, use or edit the account information, profile, 13
display, communications or stored data of the user.] A person who 14
violates the provisions of subsection 1 is guilty of a category D 15
felony and shall be punished as provided in NRS 193.130. 16
Sec. 169. NRS 128.110 is hereby amended to read as follows: 17
128.110 1. Whenever the procedure described in this chapter 18
has been followed, and upon finding grounds for the termination of 19
parental rights pursuant to NRS 128.105 at a hearing upon the 20
petition, the court shall make a written order, signed by the judge 21
presiding in the court, judicially depriving the parent or parents of 22
the custody and control of, and terminating the parental rights of the 23
parent or parents with respect to the child, and declaring the child to 24
be free from such custody or control, and placing the custody and 25
control of the child in some person or agency qualified by the laws 26
of this State to provide services and care to children, or to receive 27
any children for placement. 28
2. The termination of parental rights pursuant to this section 29
does not terminate the right of the child to inherit from [his or her] a 30
parent [or parents,] of the child, except that the right to inherit 31
terminates if the child is adopted as provided in NRS 127.160 [. 32
2.] or section 49 of this act. 33
3. If the child is placed in the custody and control of a person 34
or agency qualified by the laws of this State to receive children for 35
placement, the person or agency, in seeking to place the child: 36
(a) May give preference to the placement of the child with any 37
person related within the fifth degree of consanguinity to the child 38
whom the person or agency finds suitable and able to provide proper 39
care and guidance for the child, regardless of whether the relative 40
resides within this State. 41
(b) Shall, if practicable, give preference to the placement of the 42
child together with [his or her] the siblings [.] of the child. 43
Any search for a relative with whom to place a child pursuant to 44
this subsection must be completed within 1 year after the initial 45
– 95 –
- *AB227*
placement of the child outside of [his or her] the home [.] of the 1
child. 2
Sec. 170. NRS 3.223 is hereby amended to read as follows: 3
3.223 1. Except as otherwise provided in NRS 125E.270, in 4
each judicial district in which it is established, the family court has 5
original, exclusive jurisdiction in any proceeding: 6
(a) Brought pursuant to title 5 of NRS or chapter 31A, 123, 125, 7
125A, 125B, 125C, 126, 127, 128, 129, 130, 159A, 425 or 432B of 8
NRS, or sections 2 to 75, inclusive, of this act, except to the extent 9
that a specific statute authorizes the use of any other judicial or 10
administrative procedure to facilitate the collection of an obligation 11
for support. 12
(b) Brought pursuant to NRS 442.255 and 442.2555 to request 13
the court to issue an order authorizing an abortion. 14
(c) For judicial approval of the marriage of a minor. 15
(d) Otherwise within the jurisdiction of the juvenile court. 16
(e) To establish the date of birth, place of birth or parentage of a 17
minor. 18
(f) To change the name of a minor. 19
(g) For a judicial declaration of the sanity of a minor. 20
(h) To approve the withholding or withdrawal of life-sustaining 21
procedures from a person as authorized by law. 22
(i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive, 23
for an involuntary court-ordered admission to a mental health 24
facility. 25
(j) Brought pursuant to NRS 433A.335 to 433A.345, inclusive, 26
to require a person to receive assisted outpatient treatment. 27
(k) Brought pursuant to NRS 441A.505 to 441A.720, inclusive, 28
for an involuntary court-ordered isolation or quarantine. 29
2. The family court, where established and, except as otherwise 30
provided in paragraph (m) of subsection 1 of NRS 4.370, the justice 31
court have concurrent jurisdiction over actions for the issuance of a 32
temporary or extended order for protection against domestic 33
violence. 34
3. The family court, where established, and the district court 35
have concurrent jurisdiction over any action for damages brought 36
pursuant to NRS 41.134 by a person who suffered injury as the 37
proximate result of an act that constitutes domestic violence. 38
Sec. 171. NRS 19.034 is hereby amended to read as follows: 39
19.034 1. [If the agency which provides child welfare 40
services, or a] The clerk of the court shall reduce the total filing 41
fee to not more than $1 for the filing of a petition to adopt a child 42
with special needs if: 43
(a) A child-placing agency [licensed by the Division of Child 44
and Family Services of the Department of Health and Human 45
– 96 –
- *AB227*
Services pursuant to chapter 127 of NRS,] consents to the adoption 1
of [a] the child with special needs pursuant to NRS 127.186 [, the 2
clerk of the court shall reduce the total filing fee to not more than $1 3
for filing the petition to adopt such a child.] ; or 4
(b) An agency which provides child welfare services consents 5
to the adoption of the child with special needs pursuant to section 6
53 of this act. 7
2. [If a natural] The court shall reduce the total filing fee to 8
not more than $1: 9
(a) If a parent or adoptive parent who has entered into an 10
agreement that provides for postadoptive contact pursuant to NRS 11
127.187 files a petition pursuant to subsection 1 or 2 of NRS 12
127.1885 [, the clerk of the court shall reduce the total filing fee to 13
not more than $1 for filing the petition.] ; or 14
(b) If a parent or adoptive parent who has entered into an 15
agreement that provides for postadoptive contact pursuant to 16
section 59 of this act files a petition pursuant to subsection 1 or 2 17
of section 62 of this act. 18
Sec. 172. NRS 19.050 is hereby amended to read as follows: 19
19.050 Except as otherwise provided in subsection [8] 3 of 20
NRS 127.186 [,] or subsection 9 of section 53 of this act, when by 21
law any publication is required to be made by a clerk of the court of 22
any suit, process, notice, order or other paper, the cost of such 23
publication shall, if demanded, be tendered by the party to whom 24
such order, process, notice or other paper was granted before the 25
clerk of the court shall be compelled to make publication thereof. 26
Sec. 173. Chapter 41 of NRS is hereby amended by adding 27
thereto a new section to read as follows: 28
The provisions of NRS 41.270, 41.280 and 41.290 do not 29
govern a request to change the name of an adult who is being 30
adopted in accordance with the procedures established under 31
chapter 127 of NRS if the request to change the name of the adult 32
is included in a petition for adoption as prescribed by 33
NRS 127.210. 34
Sec. 174. NRS 41.509 is hereby amended to read as follows: 35
41.509 1. A [natural] parent of an adopted child who has 36
entered into an agreement that provides for postadoptive contact 37
pursuant to NRS 127.187 or section 59 of this act may bring a civil 38
action against a person if: 39
(a) The person knowingly provided false information in 40
response to a question asked by a court pursuant to NRS 127.188 [;] 41
or section 61 of this act, as applicable; and 42
(b) The provision of false information caused the court not to 43
incorporate the agreement that provides for postadoptive contact in 44
– 97 –
- *AB227*
the order [or decree] of adoption pursuant to NRS 127.188 [.] or 1
section 61 of this act, as applicable. 2
2. If a person is liable to a [natural] parent of an adopted child 3
pursuant to subsection 1, the [natural] parent may recover [his or 4
her] actual damages, costs, reasonable attorney’s fees and any 5
punitive damages that the facts may warrant. 6
3. The liability imposed by this section is in addition to any 7
other liability imposed by law. 8
Sec. 175. NRS 134.190 is hereby amended to read as follows: 9
134.190 An adopted child and [his or her] the adoptive parents 10
of the child or [their] the relatives of the adoptive parents shall 11
inherit as provided in NRS 127.160 [.] or section 49 of this act. 12
Sec. 176. NRS 200.4685 is hereby amended to read as 13
follows: 14
200.4685 1. Except as otherwise provided in this section, a 15
person shall not: 16
(a) Recruit, transport, transfer, harbor, provide, obtain, maintain 17
or solicit a child in furtherance of a transaction, or advertise or 18
facilitate a transaction, pursuant to which a parent of the child or a 19
person with custody of the child places the child in the physical 20
custody of another person who is not a relative of the child, for the 21
purpose of permanently avoiding or divesting himself or herself of 22
responsibility for the child. 23
(b) Sell, transfer or arrange for the sale or transfer of a child to 24
another person for money or anything of value or receive a child in 25
exchange for money or anything of value. 26
2. The provisions of subsection 1 do not apply to: 27
(a) A placement of a child with a relative, stepparent, child-28
placing agency or an agency which provides child welfare services; 29
(b) A placement of a child by a child-placing agency or an 30
agency which provides child welfare services; 31
(c) A temporary placement of a child with another person by a 32
parent of the child or a person with legal or physical custody of the 33
child, with an intent to return for the child, including, without 34
limitation, a temporary placement of a child while the parent of the 35
child or the person with legal or physical custody of the child is on 36
vacation, incarcerated, serving in the military, receiving medical 37
treatment or incapacitated; 38
(d) A placement of a child in accordance with NRS 127.330, 39
159A.205 or 159A.215; 40
(e) A placement of a child that is approved by a court of 41
competent jurisdiction; or 42
(f) Delivery of a child to a provider of emergency services 43
pursuant to NRS 432B.630. 44
– 98 –
- *AB227*
3. A person who violates the provisions of subsection 1 is 1
guilty of trafficking in children and shall be punished for a category 2
C felony as provided in NRS 193.130. 3
4. As used in this section: 4
(a) “Advertise” has the meaning ascribed to it in NRS [127.310.] 5
127.283. 6
(b) “Agency which provides child welfare services” has the 7
meaning ascribed to it in NRS 432B.030. 8
(c) “Child” means a person who is less than 18 years of age. 9
(d) “Child-placing agency” has the meaning ascribed to it in 10
[NRS 127.220.] section 82 of this act. 11
Sec. 177. NRS 232.320 is hereby amended to read as follows: 12
232.320 1. The Director: 13
(a) Shall appoint, with the consent of the Governor, 14
administrators of the divisions of the Department, who are 15
respectively designated as follows: 16
(1) The Administrator of the Aging and Disability Services 17
Division; 18
(2) The Administrator of the Division of Welfare and 19
Supportive Services; 20
(3) The Administrator of the Division of Child and Family 21
Services; 22
(4) The Administrator of the Division of Health Care 23
Financing and Policy; and 24
(5) The Administrator of the Division of Public and 25
Behavioral Health. 26
(b) Shall administer, through the divisions of the Department, 27
the provisions of chapters 63, 424, 425, 427A, 432A to 442, 28
inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 29
127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 30
422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, 31
inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 32
445A.055, inclusive, sections 2 to 75, inclusive, of this act, and all 33
other provisions of law relating to the functions of the divisions of 34
the Department, but is not responsible for the clinical activities of 35
the Division of Public and Behavioral Health or the professional line 36
activities of the other divisions. 37
(c) Shall administer any state program for persons with 38
developmental disabilities established pursuant to the 39
Developmental Disabilities Assistance and Bill of Rights Act of 40
2000, 42 U.S.C. §§ 15001 et seq. 41
(d) Shall, after considering advice from agencies of local 42
governments and nonprofit organizations which provide social 43
services, adopt a master plan for the provision of human services in 44
this State. The Director shall revise the plan biennially and deliver a 45
– 99 –
- *AB227*
copy of the plan to the Governor and the Legislature at the 1
beginning of each regular session. The plan must: 2
(1) Identify and assess the plans and programs of the 3
Department for the provision of human services, and any 4
duplication of those services by federal, state and local agencies; 5
(2) Set forth priorities for the provision of those services; 6
(3) Provide for communication and the coordination of those 7
services among nonprofit organizations, agencies of local 8
government, the State and the Federal Government; 9
(4) Identify the sources of funding for services provided by 10
the Department and the allocation of that funding; 11
(5) Set forth sufficient information to assist the Department 12
in providing those services and in the planning and budgeting for the 13
future provision of those services; and 14
(6) Contain any other information necessary for the 15
Department to communicate effectively with the Federal 16
Government concerning demographic trends, formulas for the 17
distribution of federal money and any need for the modification of 18
programs administered by the Department. 19
(e) May, by regulation, require nonprofit organizations and state 20
and local governmental agencies to provide information regarding 21
the programs of those organizations and agencies, excluding 22
detailed information relating to their budgets and payrolls, which the 23
Director deems necessary for the performance of the duties imposed 24
upon him or her pursuant to this section. 25
(f) Has such other powers and duties as are provided by law. 26
2. Notwithstanding any other provision of law, the Director, or 27
the Director’s designee, is responsible for appointing and removing 28
subordinate officers and employees of the Department. 29
Sec. 178. NRS 239.010 is hereby amended to read as follows: 30
239.010 1. Except as otherwise provided in this section and 31
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 32
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 33
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 34
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 35
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 36
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 37
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 38
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 39
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 40
127.007, [127.057, 127.130,] 127.120, 127.140, 127.2817, 128.090, 41
130.312, 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 42
172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 43
176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 44
179.495, 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 45
– 100 –
- *AB227*
200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 1
209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 2
213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 3
217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 4
218G.350, 218G.615, 224.240, 226.462, 226.796, 228.270, 228.450, 5
228.495, 228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 6
237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 7
239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 8
239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 9
244.264, 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 10
250.130, 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 11
268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 12
281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 13
284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 14
289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 15
293.870, 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 16
331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 17
338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 18
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 19
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 20
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 21
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 22
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 23
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 24
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 25
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 26
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 27
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 28
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 29
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 30
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 31
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 32
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 33
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 34
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 35
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 36
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 37
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 38
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 39
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 40
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 41
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 42
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 43
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 44
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 45
– 101 –
- *AB227*
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 1
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 2
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 3
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 4
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 5
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 6
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 7
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 8
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 9
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 10
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 11
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 12
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 13
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 14
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 15
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 16
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 17
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 18
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 19
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 20
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 21
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 22
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 23
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 24
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 25
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 26
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 27
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 28
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 29
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 30
711.600, and sections 19, 42, 43, 69 and 99 of this act, sections 35, 31
38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of 32
chapter 391, Statutes of Nevada 2013 and unless otherwise declared 33
by law to be confidential, all public books and public records of a 34
governmental entity must be open at all times during office hours to 35
inspection by any person, and may be fully copied or an abstract or 36
memorandum may be prepared from those public books and public 37
records. Any such copies, abstracts or memoranda may be used to 38
supply the general public with copies, abstracts or memoranda of the 39
records or may be used in any other way to the advantage of the 40
governmental entity or of the general public. This section does not 41
supersede or in any manner affect the federal laws governing 42
copyrights or enlarge, diminish or affect in any other manner the 43
rights of a person in any written book or record which is 44
copyrighted pursuant to federal law. 45
– 102 –
- *AB227*
2. A governmental entity may not reject a book or record 1
which is copyrighted solely because it is copyrighted. 2
3. A governmental entity that has legal custody or control of a 3
public book or record shall not deny a request made pursuant to 4
subsection 1 to inspect or copy or receive a copy of a public book or 5
record on the basis that the requested public book or record contains 6
information that is confidential if the governmental entity can 7
redact, delete, conceal or separate, including, without limitation, 8
electronically, the confidential information from the information 9
included in the public book or record that is not otherwise 10
confidential. 11
4. If requested, a governmental entity shall provide a copy of a 12
public record in an electronic format by means of an electronic 13
medium. Nothing in this subsection requires a governmental entity 14
to provide a copy of a public record in an electronic format or by 15
means of an electronic medium if: 16
(a) The public record: 17
(1) Was not created or prepared in an electronic format; and 18
(2) Is not available in an electronic format; or 19
(b) Providing the public record in an electronic format or by 20
means of an electronic medium would: 21
(1) Give access to proprietary software; or 22
(2) Require the production of information that is confidential 23
and that cannot be redacted, deleted, concealed or separated from 24
information that is not otherwise confidential. 25
5. An officer, employee or agent of a governmental entity who 26
has legal custody or control of a public record: 27
(a) Shall not refuse to provide a copy of that public record in the 28
medium that is requested because the officer, employee or agent has 29
already prepared or would prefer to provide the copy in a different 30
medium. 31
(b) Except as otherwise provided in NRS 239.030, shall, upon 32
request, prepare the copy of the public record and shall not require 33
the person who has requested the copy to prepare the copy himself 34
or herself. 35
Sec. 179. NRS 424.047 is hereby amended to read as follows: 36
424.047 1. A licensing authority shall, upon request, provide 37
to a provider of foster care access to all information, except 38
references, in the records maintained by the licensing authority 39
concerning that provider. 40
2. After reasonable notice and by appointment, a provider of 41
foster care may inspect the information kept in those records. 42
3. A licensing authority may, upon request of the provider of 43
foster care, release to an agency which provides child welfare 44
services or a child-placing agency, as defined in [NRS 127.220,] 45
– 103 –
- *AB227*
section 82 of this act, all information, except references, in the 1
records maintained by the licensing authority concerning that 2
provider, including, without limitation, a study conducted to 3
determine whether to grant a license to the provider or a study of the 4
home of the provider. 5
Sec. 180. NRS 424.070 is hereby amended to read as follows: 6
424.070 No person other than the parents or guardian of a child 7
and no agency or institution in this State or from outside this State 8
may place any child in the control or care of any person without 9
sending notice of the pending placement and receiving approval of 10
the placement from the Division or its designee. No such person, 11
parent, guardian, agency or institution may place a child for 12
adoption except as otherwise provided in chapter 127 of NRS [.] or 13
sections 2 to 75, inclusive, of this act. 14
Sec. 181. NRS 432.0125 is hereby amended to read as 15
follows: 16
432.0125 1. The Administrator shall appoint, with the 17
approval of the Director, a chief of each of the bureaus in the 18
Division. The chiefs are designated respectively as: 19
(a) The Superintendent of the Nevada Youth Training Center; 20
(b) The Superintendent of the Caliente Youth Center; and 21
(c) The Chief of the Youth Parole Bureau. 22
2. The Administrator is responsible for the administration, 23
through the Division, of the provisions of chapters 63, 424 and 24
433B of NRS, NRS 127.220 to 127.310, inclusive, and 432.010 to 25
432.085, inclusive, and sections 65 to 75, inclusive, of this act, and 26
all other provisions of law relating to the functions of the Division, 27
but is not responsible for the professional activities of the 28
components of the Division except as specifically provided by law. 29
Sec. 182. NRS 432B.190 is hereby amended to read as 30
follows: 31
432B.190 The Division of Child and Family Services shall, in 32
consultation with each agency which provides child welfare 33
services, adopt: 34
1. Regulations establishing reasonable and uniform standards 35
for: 36
(a) Child welfare services provided in this State; 37
(b) Programs for the prevention of abuse or neglect of a child 38
and the achievement of the permanent placement of a child; 39
(c) The development of local councils involving public and 40
private organizations; 41
(d) Reports of abuse or neglect, records of these reports and the 42
response to these reports; 43
(e) Carrying out the provisions of NRS 432B.260, including, 44
without limitation, the qualifications of persons with whom agencies 45
– 104 –
- *AB227*
which provide child welfare services enter into agreements to 1
provide services to children and families; 2
(f) The management and assessment of reported cases of abuse 3
or neglect; 4
(g) The protection of the legal rights of parents and children; 5
(h) Emergency shelter for a child; 6
(i) The prevention, identification and correction of abuse or 7
neglect of a child in residential institutions; 8
(j) Developing and distributing to persons who are responsible 9
for a child’s welfare a pamphlet that is written in language which is 10
easy to understand, is available in English and in any other language 11
the Division determines is appropriate based on the demographic 12
characteristics of this State and sets forth: 13
(1) Contact information regarding persons and governmental 14
entities which provide assistance to persons who are responsible for 15
the welfare of children, including, without limitation, persons and 16
entities which provide assistance to persons who are being 17
investigated for allegedly abusing or neglecting a child; 18
(2) The procedures for taking a child for placement in 19
protective custody; and 20
(3) The state and federal legal rights of: 21
(I) A person who is responsible for a child’s welfare and 22
who is the subject of an investigation of alleged abuse or neglect of 23
a child, including, without limitation, the legal rights of such a 24
person at the time an agency which provides child welfare services 25
makes initial contact with the person in the course of the 26
investigation and at the time the agency takes the child for 27
placement in protective custody, and the legal right of such a person 28
to be informed of any allegation of abuse or neglect of a child which 29
is made against the person at the initial time of contact with the 30
person by the agency; and 31
(II) Persons who are parties to a proceeding held pursuant 32
to NRS 432B.410 to 432B.590, inclusive, during all stages of the 33
proceeding; and 34
(k) Making the necessary inquiries required pursuant to NRS 35
432B.397 to determine whether a child is an Indian child. 36
2. Regulations, which are applicable to any person who is 37
authorized to place a child in protective custody without the consent 38
of the person responsible for the child’s welfare, setting forth 39
reasonable and uniform standards for establishing whether 40
immediate action is necessary to protect the child from injury, abuse 41
or neglect for the purposes of determining whether to place the child 42
into protective custody pursuant to NRS 432B.390. Such standards 43
must consider the potential harm to the child in remaining in his or 44
her home, including, without limitation: 45
– 105 –
- *AB227*
(a) Circumstances in which a threat of harm suggests that a child 1
is in imminent danger of serious harm. 2
(b) The conditions or behaviors of the child’s family which 3
threaten the safety of the child who is unable to protect himself or 4
herself and who is dependent on others for protection, including, 5
without limitation, conditions or behaviors that are beyond the 6
control of the caregiver of the child and create an imminent threat of 7
serious harm to the child. 8
The Division of Child and Family Services shall ensure that the 9
appropriate persons or entities to whom the regulations adopted 10
pursuant to this subsection apply are provided with a copy of such 11
regulations. As used in this subsection, “serious harm” includes the 12
threat or evidence of serious physical injury, sexual abuse, 13
significant pain or mental suffering, extreme fear or terror, extreme 14
impairment or disability, death, substantial impairment or risk of 15
substantial impairment to the child’s mental or physical health or 16
development. 17
3. Regulations establishing procedures for: 18
(a) Expeditiously locating any missing child who has been 19
placed in the custody of an agency which provides child welfare 20
services; 21
(b) Determining the primary factors that contributed to a child 22
who has been placed in the custody of an agency which provides 23
child welfare services running away or otherwise being absent from 24
foster care, and to the extent possible and appropriate, responding to 25
those factors in current and subsequent placements; and 26
(c) Determining the experiences of a child who has been placed 27
in the custody of an agency which provides child welfare services 28
during any period the child was missing, including, without 29
limitation, determining whether the child may be a victim of sexual 30
abuse or sexual exploitation. 31
4. Such other regulations as are necessary for: 32
(a) The administration of NRS 432B.010 to 432B.606, inclusive. 33
(b) The implementation of [NRS 125E.010 to 125E.370, 34
inclusive, and] chapter 125E of NRS, NRS 127.041, 127.115, 35
127.151 , [and] 127.1861 [to 127.1869, inclusive.] , 127.1863 and 36
127.1865 and sections 27, 39, 46 and 54 to 58, inclusive, of this 37
act. 38
Sec. 183. NRS 432B.393 is hereby amended to read as 39
follows: 40
432B.393 1. Except as otherwise provided in this section, an 41
agency which provides child welfare services shall make reasonable 42
efforts to preserve and reunify the family of a child: 43
(a) Before the placement of the child in foster care, to prevent or 44
eliminate the need to remove the child from the home; and 45
– 106 –
- *AB227*
(b) To make it possible for the safe return of the child to the 1
home. 2
2. In determining the reasonable efforts required by subsection 3
1, the health and safety of the child must be the paramount concern. 4
The agency which provides child welfare services may make 5
reasonable efforts to place the child for adoption or with a legal 6
guardian concurrently with making the reasonable efforts required 7
pursuant to subsection 1. If the court determines that continuation of 8
the reasonable efforts required by subsection 1 is inconsistent with 9
the plan for the permanent placement of the child, the agency which 10
provides child welfare services shall make reasonable efforts to 11
place the child in a timely manner in accordance with that plan and 12
to complete whatever actions are necessary to finalize the permanent 13
placement of the child. 14
3. An agency which provides child welfare services is not 15
required to make the reasonable efforts required by subsection 1 if 16
the court finds that: 17
(a) A parent or other person responsible for the child’s welfare 18
has: 19
(1) Committed, aided or abetted in the commission of, or 20
attempted, conspired or solicited to commit murder or voluntary 21
manslaughter; 22
(2) Caused the abuse or neglect of the child, or of another 23
child of the parent or other person responsible for the child’s 24
welfare, which resulted in substantial bodily harm to the abused or 25
neglected child; 26
(3) Caused the abuse or neglect of the child, a sibling of the 27
child or another child in the household, and the abuse or neglect was 28
so extreme or repetitious as to indicate that any plan to return the 29
child to the home would result in an unacceptable risk to the health 30
or welfare of the child; or 31
(4) Abandoned the child for 60 or more days, and the identity 32
of the parent of the child is unknown and cannot be ascertained 33
through reasonable efforts; 34
(b) A parent of the child has, for the previous 6 months, had the 35
ability to contact or communicate with the child and made no more 36
than token efforts to do so; 37
(c) The parental rights of a parent to a sibling of the child have 38
been terminated by a court order upon any basis other than the 39
execution of a voluntary relinquishment of those rights by a natural 40
parent, and the court order is not currently being appealed; 41
(d) The child or a sibling of the child was previously removed 42
from the home, adjudicated to have been abused or neglected, 43
returned to the home and subsequently removed from the home as a 44
result of additional abuse or neglect; 45
– 107 –
- *AB227*
(e) The child is less than 1 year of age, the father of the child is 1
not married to the mother of the child and the father of the child: 2
(1) Has failed within 60 days after learning of the birth of the 3
child, to visit the child, to commence proceedings to establish his 4
paternity of the child or to provide financial support for the child; or 5
(2) Is entitled to seek custody of the child but fails to do so 6
within 60 days after learning that the child was placed in foster care; 7
(f) The child was delivered to a provider of emergency services 8
pursuant to NRS 432B.630; 9
(g) The child, a sibling of the child or another child in the 10
household has been sexually abused or has been subjected to neglect 11
by pervasive instances of failure to protect the child from sexual 12
abuse; or 13
(h) A parent of the child is required to register as a sex offender 14
pursuant to the provisions of chapter 179D of NRS or the provisions 15
of the federal Adam Walsh Child Protection and Safety Act of 2006, 16
34 U.S.C. §§ 20901 et seq. 17
4. Except as otherwise provided in subsection 6, for the 18
purposes of this section, unless the context otherwise requires, 19
“reasonable efforts” have been made if an agency which provides 20
child welfare services to children with legal custody of a child has 21
exercised diligence and care in arranging appropriate, accessible and 22
available services that are designed to improve the ability of a 23
family to provide a safe and stable home for each child in the 24
family, with the health and safety of the child as its paramount 25
concerns. The exercise of such diligence and care includes, without 26
limitation, obtaining necessary and appropriate information 27
concerning the child for the purposes of NRS [127.152,] 127.410 28
and 424.038 and section 47 of this act and, if necessary, creating an 29
in-home safety plan for the protection of the child. 30
5. In determining whether reasonable efforts have been made 31
pursuant to subsection 4, the court shall: 32
(a) Evaluate the evidence and make findings based on whether a 33
reasonable person would conclude that reasonable efforts were 34
made; 35
(b) Consider any input from the child; 36
(c) Consider the efforts made and the evidence presented since 37
the previous finding of the court concerning reasonable efforts; 38
(d) Consider the diligence and care that the agency is legally 39
authorized and able to exercise, including, without limitation, the 40
efforts to create an in-home safety plan; 41
(e) Recognize and take into consideration the legal obligations 42
of the agency to comply with any applicable laws and regulations; 43
– 108 –
- *AB227*
(f) Base its determination on the circumstances and facts 1
concerning the particular family or plan for the permanent 2
placement of the child at issue; 3
(g) Consider whether any of the efforts made were contrary to 4
the health and safety of the child; 5
(h) Consider the efforts made, if any, to prevent the need to 6
remove the child from the home and to finalize the plan for the 7
permanent placement of the child; 8
(i) Consider whether the provisions of subsection 6 are 9
applicable; and 10
(j) Consider any other matters the court deems relevant. 11
6. An agency which provides child welfare services may 12
satisfy the requirement of making reasonable efforts pursuant to this 13
section by taking no action concerning a child or making no effort to 14
provide services to a child if it is reasonable, under the 15
circumstances, to do so. 16
7. In determining whether reasonable efforts are not required 17
pursuant to subsection 3 or whether reasonable efforts have been 18
made pursuant to subsection 4, the court shall ensure that each 19
determination is: 20
(a) Made by the court on a case-by-case basis; 21
(b) Based upon specific evidence; and 22
(c) Expressly stated by the court in its order. 23
8. As used in this section, “in-home safety plan” means a plan 24
created by an agency which provides child welfare services to 25
ensure the protection of a child in [his or her] the home, including, 26
without limitation, determining any vulnerabilities of the child, 27
managing any potential threats to the safety of the child and 28
determining the capacity of the person responsible for the welfare of 29
the child to care for the child. 30
Sec. 184. NRS 432B.397 is hereby amended to read as 31
follows: 32
432B.397 1. The agency which provides child welfare 33
services for a child that is taken into custody pursuant to this chapter 34
shall make all necessary inquiries in accordance with subsection 1 35
of NRS 125E.210 to determine whether there is reason to know that 36
the child is an Indian child. The agency shall report that 37
determination to the court. 38
2. An agency which provides child welfare services pursuant to 39
this chapter shall provide training for its personnel regarding the 40
requirements of the Indian Child Welfare Act, chapter 125E of NRS 41
and [NRS 127.041, 127.115, 127.151 and 127.1861 to 127.1869, 42
inclusive.] sections 27, 39, 46 and 54 to 58, inclusive, of this act. 43
– 109 –
- *AB227*
Sec. 185. NRS 432B.580 is hereby amended to read as 1
follows: 2
432B.580 1. Except as otherwise provided in this section and 3
NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other 4
than with a parent, the placement must be reviewed by the court at 5
least semiannually, and within 90 days after a request by a party to 6
any of the prior proceedings. Unless the parent, guardian or the 7
custodian objects to the referral, the court may enter an order 8
directing that the placement be reviewed by a panel appointed 9
pursuant to NRS 432B.585. 10
2. An agency acting as the custodian of the child shall, before 11
any hearing for review of the placement of a child, submit a report 12
to the court, or to the panel if it has been designated to review the 13
matter, which includes: 14
(a) An evaluation of the progress of the child and the family of 15
the child and any recommendations for further supervision, 16
treatment or rehabilitation. 17
(b) Information concerning the placement of the child in relation 18
to the [child’s] siblings [,] of the child, including, without 19
limitation: 20
(1) Whether the child was placed together with the siblings; 21
(2) Any efforts made by the agency to have the child placed 22
together with the siblings; 23
(3) Any actions taken by the agency to ensure that the child 24
has contact with the siblings; and 25
(4) If the child is not placed together with the siblings: 26
(I) The reasons why the child is not placed together with 27
the siblings; and 28
(II) A plan for the child to visit the siblings, which must 29
be presented at the first hearing to occur after the siblings are 30
separated and approved by the court. The plan for visitation must be 31
updated as necessary to reflect any change in the placement of the 32
child or a sibling, including, without limitation, any such change 33
that occurs after the termination of parental rights to the child or a 34
sibling or the adoption of a sibling. 35
(c) Information concerning the [child’s] education [,] of the 36
child, including: 37
(1) A copy of any academic plan or individual graduation 38
plan developed for the child pursuant to NRS 388.155, 388.165, 39
388.205 or 388.227; 40
(2) The grade and school in which the child is enrolled; 41
(3) The name of each school the child attended before 42
enrolling in the school in which he or she is currently enrolled and 43
the corresponding dates of attendance; 44
– 110 –
- *AB227*
(4) Whether the child has not completed or passed any 1
course of instruction that the child should have completed or passed 2
by the time the report is submitted, which has resulted in the child 3
having a deficiency in credits; 4
(5) A copy of any individualized education program 5
developed for the child; 6
(6) A copy of any plan developed in accordance with section 7
504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; 8
(7) A summary of any special education services received by 9
the child; 10
(8) A copy of the most recent report card of the child; 11
(9) A statement of the number of credits earned by the child 12
during the most recent semester, if applicable; 13
(10) A statement of the number of times the child has been 14
absent from school during the current or most recent school year for 15
which the child was enrolled in school; 16
(11) The scores the child received on any academic 17
assessments or standardized examinations administered to the child; 18
(12) Any information provided by the educational decision 19
maker appointed for the child pursuant to NRS 432B.462; and 20
(13) Whether a request that the child receive special 21
education services has been made and, if so, the outcome of such a 22
request. 23
(d) A copy of any explanations regarding medication that has 24
been prescribed for the child that have been submitted by a foster 25
home pursuant to NRS 424.0383. 26
3. Except as otherwise provided in this subsection, a copy of 27
the report submitted pursuant to subsection 2 must be given to the 28
parents, the guardian ad litem and the attorney, if any, representing 29
the parent or the child. If the child was delivered to a provider of 30
emergency services pursuant to NRS 432B.630 and the parent has 31
not appeared in the action, the report need not be sent to that parent. 32
4. After a plan for visitation between a child and the siblings of 33
the child submitted pursuant to subparagraph (4) of paragraph (b) of 34
subsection 2 has been approved by the court, the agency which 35
provides child welfare services must request the court to issue an 36
order requiring the visitation set forth in the plan for visitation. 37
Upon the issuance of such an order, the court shall provide each 38
sibling of the child with the case number of the proceeding for the 39
purpose of allowing the sibling to petition the court for visitation or 40
enforcement of the order for visitation. If a person refuses to comply 41
with or disobeys an order issued pursuant to this subsection, the 42
person may be punished as for a contempt of court. 43
5. The court or the panel shall hold a hearing to review the 44
placement, unless the parent, guardian or custodian files a motion 45
– 111 –
- *AB227*
with the court to dispense with the hearing. If the motion is granted, 1
the court or panel may make its determination from any report, 2
statement or other information submitted to it. 3
6. Except as otherwise provided in subsection 7 and subsection 4
5 of NRS 432B.520, notice of the hearing must be filed with the 5
court and must be given by first-class mail or any other means 6
agreed upon in writing between the agency which provides child 7
welfare services and the recipient of the notice to: 8
(a) All the parties to any of the prior proceedings; 9
(b) Any persons planning to adopt the child; 10
(c) A sibling of the child, if known, who has been granted a 11
right to visitation of the child pursuant to this section or NRS 12
127.171 or section 51 of this act and [his or her] the attorney [,] of 13
the sibling, if any; 14
(d) Any other relatives of the child or providers of foster care 15
who are currently providing care to the child; and 16
(e) The educational decision maker appointed for the child 17
pursuant to NRS 432B.462. 18
7. The notice of the hearing required to be filed and given 19
pursuant to subsection 6: 20
(a) Must include a statement indicating that if the child is placed 21
for adoption the right to visitation of the child is subject to the 22
provisions of NRS 127.171 [;] or section 51 of this act; 23
(b) Must not include any confidential information described in 24
NRS 127.140 [;] or section 43 of this act; 25
(c) Need not be given to a parent whose rights have been 26
terminated pursuant to chapter 128 of NRS or who has voluntarily 27
relinquished the child for adoption pursuant to [NRS 127.040;] 28
chapter 127 of NRS or sections 2 to 75, inclusive, of this act; and 29
(d) Need not be given to a parent who delivered a child to a 30
provider of emergency services pursuant to NRS 432B.630. 31
8. The court or panel may require the presence of the child at 32
the hearing and shall provide to each person to whom notice was 33
given pursuant to subsection 6 a right to be heard at the hearing. 34
9. The court or panel shall, after considering the report 35
provided in subsection 2 and any other relevant evidence, determine 36
based on a preponderance of the evidence: 37
(a) The continuing necessity for and appropriateness of the 38
placement; 39
(b) The extent of compliance with the plan submitted pursuant 40
to subsection 2 of NRS 432B.540; 41
(c) Any progress which has been made in alleviating the 42
problem which resulted in the placement of the child; 43
– 112 –
- *AB227*
(d) The date the child may be returned to, and safely maintained 1
in, the home or placed for adoption or under a legal guardianship; 2
and 3
(e) Whether the child is making adequate academic progress and 4
receiving the educational services or supports necessary to ensure 5
the academic success of the child. 6
10. If the child is placed in a qualified residential treatment 7
program, the determination pursuant to paragraph (a) of subsection 8
9 must include, without limitation, a finding on each factor 9
prescribed by subsection 4 of NRS 432B.575. 10
11. The provision of notice and a right to be heard pursuant to 11
this section does not cause any person planning to adopt the child, 12
any sibling of the child or any other relative, any adoptive parent of 13
a sibling of the child or a provider of foster care to become a party 14
to the hearing. 15
12. As used in this section, “individualized education program” 16
has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A). 17
Sec. 186. NRS 440.310 is hereby amended to read as follows: 18
440.310 1. Whenever the State Registrar receives a certified 19
report of adoption or amendment of adoption filed in accordance 20
with the provisions of NRS 127.157 , section 48 of this act or the 21
laws of another state or foreign country, or a certified copy of the 22
order or decree of adoption , [decree,] concerning a person born in 23
[Nevada,] this State, the State Registrar shall prepare and file a 24
supplementary certificate of birth in the new name of the adopted 25
person which shows the adoptive parents as the parents and seal and 26
file the report or [decree] order and the original certificate of birth. 27
2. Whenever the State Registrar receives a certified report of 28
adoption, amendment or annulment of an order or decree of 29
adoption from a court concerning a person born in another state, the 30
District of Columbia, the Commonwealth of Puerto Rico, a territory 31
or possession of the United States, or Canada, the report must be 32
forwarded to the office responsible for vital statistics in the 33
[person’s] place of birth [.] of the person. 34
3. Whenever the State Registrar receives a certified report of 35
adoption or amendment of adoption filed in accordance with the 36
provisions of NRS 127.157 or section 100 of this act concerning a 37
person born in a foreign country other than Canada, the State 38
Registrar shall, if the State Registrar receives evidence that: 39
(a) The person being adopted is a citizen of the United States; 40
and 41
(b) The adoptive parents are residents of [Nevada,] this State, 42
prepare and file a supplementary certificate of birth as described 43
in subsection 1 and seal and file the report. 44
– 113 –
- *AB227*
4. Sealed documents may be opened only upon an order of the 1
court issuing the adoption decree, expressly so permitting, pursuant 2
to a petition setting forth the reasons therefor. 3
5. Except as otherwise provided in subsection 2, upon the 4
receipt of a certified copy of a court order of annulment of adoption, 5
the State Registrar shall seal and file the order and supplementary 6
certificate of birth and, if the person was born in [Nevada,] this 7
State, restore the original certificate to its original place in the files. 8
Sec. 187. NRS 442.400 is hereby amended to read as follows: 9
442.400 1. The agency which provides child welfare services 10
or a [licensed] child-placing agency shall inquire, during its initial 11
contact with a natural parent of a child who is to be placed for 12
adoption, about consumption of alcohol by or any substance use 13
disorder of the person who gave birth to the child during pregnancy. 14
2. The information obtained from the inquiry described in 15
subsection 1 must be: 16
[1.] (a) Included in the report provided to the [adopting] 17
prospective adoptive parents of the child pursuant to NRS 127.152 18
[;] or section 47 of this act, as applicable; and 19
[2.] (b) Reported to the Division on a form prescribed by the 20
Division. 21
3. The report described in subsection 2 must not contain any 22
identifying information and may be used only for statistical 23
purposes. 24
Sec. 188. NRS 449.245 is hereby amended to read as follows: 25
449.245 1. No hospital licensed under the provisions of NRS 26
449.029 to 449.2428, inclusive, may release from the hospital or 27
otherwise surrender physical custody of any child under 6 months of 28
age, whose living parent or guardian is known to the hospital, to any 29
person other than a parent, guardian or relative by blood or marriage 30
of that child, without a written authorization signed by a living 31
parent, who must be the person who gave birth to the child if unwed, 32
or guardian specifying the particular person or agency to whom the 33
child may be released and the permanent address of that person or 34
agency. 35
2. Upon the release or other surrender of physical custody of 36
the child, the hospital shall require from the person to whom the 37
child is released such reasonable proof of identity as the hospital 38
may deem necessary for compliance with the provisions of this 39
section. The hospital shall furnish a true copy of the written 40
authorization to the Division of Child and Family Services of the 41
Department of Health and Human Services before the release or 42
other surrender by it of physical custody of the child. The copy must 43
be furnished to the Division immediately upon receipt by the 44
hospital. 45
– 114 –
- *AB227*
3. Any person to whom any such child is released who 1
thereafter surrenders physical custody of that child to any other 2
person or agency shall, upon demand by the Division of Child and 3
Family Services, disclose to the Division the name and permanent 4
address of the person or agency to whom physical custody of the 5
child was delivered. 6
4. Except as otherwise provided in NRS 239.0115, all 7
information received by the Division of Child and Family Services 8
pursuant to the provisions of this section is confidential and must be 9
protected from disclosure in the same manner that information is 10
protected under NRS 432.035. 11
5. Compliance with the provisions of this section is not a 12
substitute for compliance with NRS 127.220 to 127.310, inclusive, 13
or sections 65 to 75, inclusive, of this act governing placements for 14
adoption and permanent free care. 15
6. A violation of any provision of this section is a 16
misdemeanor. 17
Sec. 189. 1. When the next reprint of the Nevada Revised 18
Statutes is prepared by the Legislative Counsel, the Legislative 19
Counsel shall cause: 20
(a) The provisions of NRS 127.230 to 127.350, inclusive, to be 21
transferred to a new chapter established in Title 11 of NRS; and 22
(b) The provisions of NRS 127.400, 127.410 and 127.420 to be 23
transferred to a new chapter established in Title 11 of NRS. 24
2. To avoid any excessive cost, references to the previously 25
assigned numbers of NRS 127.230 to 127.250, inclusive, and 26
127.400, 127.410 and 127.420 in any legal document, publication, 27
signage or in any other place must not be replaced to revise those 28
references unless and until they would otherwise be replaced for 29
some other reason. 30
Sec. 190. The amendatory provisions of this act apply to 31
offenses committed on or after October 1, 2025. 32
Sec. 191. The amendatory provisions of this act apply to 33
petitions for adoption filed on or after October 1, 2025. 34
Sec. 192. The provisions of NRS 354.599 do not apply to any 35
additional expenses of a local government that are related to the 36
provisions of this act. 37
Sec. 193. NRS 127.003, 127.057, 127.080, 127.130, 127.1867, 38
127.1869, 127.275, 127.282 and 127.288 are hereby repealed. 39
Sec. 194. 1. This section becomes effective upon passage 40
and approval. 41
2. Sections 1 to 193, inclusive, of this act become effective: 42
(a) Upon passage and approval for the purpose of adopting 43
regulations and performing other preparatory administrative tasks 44
that are necessary to carry out the provisions of this act; and 45
– 115 –
- *AB227*
(b) On October 1, 2025, for all other purposes. 1
LEADLINES OF REPEALED SECTIONS
127.003 Definitions.
127.057 Consent to adoption: Copy to be furnished to
agency which provides child welfare services within 48 hours;
recommendations; confidentiality of information; unlawful acts.
127.080 Consent to specific adoption or relinquishment for
adoption cannot be revoked or nullified; exceptions.
127.130 Confidentiality of reports; petitioner may rebut
adverse report.
127.1867 ICWA compliance reports; adoption of
regulations by Division; assistance and trainings by Court
Administrator.
127.1869 Tribal customary adoptions; adoption of
regulations by Division.
127.275 Fees for services provided by agency which
provides child welfare services.
127.282 Petition for order to restrain and enjoin violation
or threatened violation of chapter; investigation of unreported
adoption or permanent free care of unrelated child.
127.288 Penalty for unlawful payment to or acceptance by
natural parent of compensation.
H