A.B. 344
- *AB344*
ASSEMBLY BILL NO. 344–ASSEMBLYMEMBER MARZOLA
MARCH 3, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to the judiciary.
(BDR 38-155)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§§ 30, 64)
(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 judiciary; replacing the term “master” with
“judicial officer” when used to refer to judicial officers
who perform certain duties; prescribing a procedure for
the transfer of child welfare proceedings to a different
court within this State; requiring the appointment of an
attorney to represent certain parties during a child welfare
proceeding in certain circumstances; revising the
compensation that an appointed attorney in certain
proceedings is entitled to receive; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes the appointment of a master or special master to 1
perform certain limited duties in certain proceedings, including family law, juvenile 2
justice and traffic proceedings and certain proceedings in a justice or municipal 3
court. (NRS 3.2201, 3.405, 4.357, 5.0245, 33.019, 62B.020, 62B.030, 126.111, 4
129.080, 159A.0615, 425.381, 432B.455) Sections 3-24, 31-35, 40, 42-47, 52-63, 5
65, 66, 69-71 and 79 of this bill replace the term “master” with the term “judicial 6
officer” when used to refer to a judicial official who performs those duties. 7
Sections 1, 26, 38 and 67 of this bill define the term “judicial officer” for certain 8
purposes and sections 2, 28, 39 and 68 of this bill establish the applicability of 9
those definitions. Sections 32, 42, 43, 46-48, 54 and 70 of this bill authorize a 10
court to designate a different title to a person appointed as a judicial officer so long 11
as the title does not include the term “master.” Section 4 makes an additional 12
clarifying change regarding the appointment of judicial officers. Sections 37, 41, 13
48, 50, 51 and 72-78 of this bill make various other changes so that a judicial 14
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officer retains all of the duties, privileges and protections that such a person 15
currently has while functioning under the title “master.” 16
Existing law establishes procedures for the transfer of proceedings involving 17
the legal or physical custody of a child, including child welfare proceedings, to a 18
court of another state. (NRS 125A.315, 125A.355, 125A.365) Section 27 of this 19
bill similarly establishes a procedure for the transfer of child welfare proceedings to 20
a different court in this State. Section 27 requires: (1) the originating court and the 21
receiving court to hold a joint hearing on the potential transfer; and (2) both courts 22
to conclude that the transfer would be in the best interests of the child who is the 23
subject of the proceedings before the transfer may occur. Section 36 of this bill 24
makes a conforming change to include a reference to section 27 where appropriate. 25
Sections 29 and 49 of this bill prohibit a person from invoking certain privileges 26
during a proceeding concerning such a transfer. 27
Existing law: (1) authorizes an attorney to represent a parent or other person 28
responsible for the welfare of a child who is alleged to have abused or neglected the 29
child at all stages of child welfare proceedings concerning the child; and (2) 30
requires a court to appoint an attorney to represent a child who is alleged to have 31
been abused or neglected at all stages of such proceedings. An appointed attorney is 32
entitled to the same compensation and payment for expenses as an attorney, other 33
than a public defender, selected to represent or defend a defendant at any stage of a 34
criminal proceeding. (NRS 432B.420) Section 30 of this bill provides that any 35
parent or person responsible for the welfare of a child who is taken into protective 36
custody may be represented during the child welfare proceedings, regardless of 37
whether the parent is alleged to have abused or neglected the child. If a petition is 38
filed alleging that a child is in need of protection, section 30 requires the court to 39
appoint an attorney to represent the parent or person responsible for the welfare of a 40
child who is allegedly responsible for the child being need of protection upon 41
determining that the parent or other person is indigent, except in certain 42
circumstances. Section 30 also provides that an attorney who is appointed to 43
represent a parent or other person responsible for the welfare of a child or a child in 44
a child welfare proceeding is, except in certain circumstances, entitled to 45
compensation and payment for expenses for all reasonable time and expenses spent 46
on the case at a rate not less than the rate an attorney in the same jurisdiction 47
receives for representing a person charged with a misdemeanor. 48
Existing law authorizes a court to appoint an attorney to represent a child and 49
an indigent parent of a child during any proceeding for terminating or restoring 50
parental rights. Existing law also requires a court to appoint an attorney to represent 51
a child in such a proceeding if the child has been placed outside the home because 52
he or she was deemed to be in need of protection. Such an appointed attorney is 53
entitled to the same compensation and payment for expenses as an attorney, other 54
than a public defender, selected to represent or defend a defendant at any stage of a 55
criminal proceeding. (NRS 128.100) Section 64 of this bill provides that such an 56
appointed attorney is entitled to compensation and payment for expenses for all 57
reasonable time and expenses spent on the case at a rate not less than the rate an 58
attorney in the same jurisdiction receives for representing a person charged with a 59
felony. 60
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 425 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
“Judicial officer” means a person who is appointed by a court 3
pursuant to NRS 425.381 to act as a judicial officer of the court. 4
Sec. 2. NRS 425.260 is hereby amended to read as follows: 5
425.260 As used in this chapter, unless the context otherwise 6
requires, the words and terms defined in NRS 425.270 to 425.335, 7
inclusive, and section 1 of this act have the meanings ascribed to 8
them in those sections. 9
Sec. 3. NRS 425.295 is hereby amended to read as follows: 10
425.295 “Debt” means the amount of money owed as support 11
for a dependent child pursuant to: 12
1. An order of a court of competent jurisdiction of this or any 13
other state; or 14
2. A recommendation entered by the [master] judicial officer 15
pursuant to NRS 425.382 to 425.3852, inclusive, and approved by 16
the district court. 17
Sec. 4. NRS 425.381 is hereby amended to read as follows: 18
425.381 1. A [master] judicial officer must be appointed as 19
set forth in this section [.] and NRS 3.405. 20
2. The district judges of: 21
(a) The Family Court of the Second Judicial District shall 22
appoint the [masters] judicial officers for that District, and shall 23
establish the qualifications and duties of those [masters;] judicial 24
officers; and 25
(b) The Family Court of the Eighth Judicial District shall 26
appoint the [masters] judicial officers for that District, and shall 27
establish the qualifications and duties of those [masters.] judicial 28
officers. 29
3. The district judges of the remaining judicial districts shall 30
appoint the [masters] judicial officers for those districts, and shall 31
establish the qualifications and duties of those [masters.] judicial 32
officers. 33
4. A [master] judicial officer serves at the pleasure of the 34
district judges who appointed the [master.] judicial officer. 35
Sec. 5. NRS 425.382 is hereby amended to read as follows: 36
425.382 1. Except as otherwise provided in NRS 425.346, 37
the Chief may proceed pursuant to NRS 425.3822 to 425.3852, 38
inclusive, after: 39
(a) Payment of public assistance by the Division; or 40
(b) Receipt of a request for services to carry out the Program. 41
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2. Subject to approval by the district court pursuant to NRS 1
425.3844, a [master] judicial officer may: 2
(a) Take any action authorized pursuant to chapter 130 of NRS, 3
including any of the actions described in subsection 2 of 4
NRS 130.305. 5
(b) Except as otherwise provided in chapter 130 of NRS and 6
NRS 425.346: 7
(1) Issue and enforce an order for the support of a dependent 8
child, and modify or adjust such an order in accordance with 9
NRS 125B.145; 10
(2) Require coverage for health care of a dependent child; 11
(3) Establish paternity; 12
(4) Order a responsible parent to comply with an order for 13
the support of a dependent child, specifying the amount and the 14
manner of compliance; 15
(5) Order the withholding of income; 16
(6) Determine the amount of any arrearages and specify a 17
method of payment; 18
(7) Enforce orders by civil or criminal contempt, or both; 19
(8) Set aside property for satisfaction of an order for the 20
support of a dependent child; 21
(9) Place liens and order execution on the property of the 22
responsible parent; 23
(10) Order a responsible parent to keep the [master] judicial 24
officer informed of the responsible parent’s current residential 25
address, telephone number, employer, address of employment and 26
telephone number at the place of employment; 27
(11) Issue a bench warrant for a responsible parent who has 28
failed after proper notice to appear at a hearing ordered by the 29
[master] judicial officer and enter the bench warrant in any local 30
and state computer system for criminal warrants; 31
(12) Order the responsible parent to seek appropriate 32
employment by specified methods; 33
(13) Order the responsible parent to participate in a program 34
intended to resolve issues that prevent the responsible parent from 35
obtaining employment, including, without limitation, a program for 36
the treatment of substance use disorders or a program to address 37
mental health issues; 38
(14) Upon the request of the Division, require a responsible 39
parent to: 40
(I) Pay any support owed in accordance with a plan 41
approved by the Division; or 42
(II) Participate in such work activities, as that term is 43
defined in 42 U.S.C. § 607(d), as the Division deems appropriate; 44
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(15) Award reasonable attorney’s fees and other fees and 1
costs; and 2
(16) Grant any other available remedy. 3
Sec. 6. NRS 425.3824 is hereby amended to read as follows: 4
425.3824 1. The notice and finding of financial responsibility 5
issued pursuant to NRS 425.3822 must include: 6
(a) The name of the person who has physical custody of the 7
dependent child and the name of the child for whom support is to be 8
paid. 9
(b) A statement of the monthly support for which the parent is 10
responsible. 11
(c) A statement of the amount of arrearages sought, if any. 12
(d) A statement that the parent may be required to provide 13
coverage for the health care of the dependent child when coverage is 14
available to the parent at a reasonable cost. 15
(e) A statement of any requirements the Division will request 16
pursuant to subparagraph (14) of paragraph (b) of subsection 2 of 17
NRS 425.382, regarding a plan for the payment of support by the 18
parent or the participation of the parent in work activities. 19
(f) A statement that if the parent desires to discuss the amount of 20
support or coverage for health care that the parent should be 21
required to pay or provide, the parent may contact the office that 22
sent the notice within 20 days after the date of receipt of service and 23
request a conference for negotiation. 24
(g) A statement that if the parent objects to any part of the notice 25
and finding of financial responsibility, the parent must send to the 26
office that issued the notice a written response within 20 days after 27
the date of receipt of service that sets forth any objections and 28
requests a hearing. 29
(h) A statement that if a response is received within the specified 30
period, the parent is entitled to a hearing and that if a written 31
response is not received within the specified period, the [master] 32
judicial officer may enter a recommendation for support of a 33
dependent child in accordance with the notice and finding of 34
financial responsibility. 35
(i) A statement that as soon as the recommendation is entered 36
and approved by the court, the property of the parent is subject to an 37
attachment or other procedure for collection, including, but not 38
limited to, withholding of wages, garnishment, liens and execution 39
on liens. 40
(j) A reference to NRS 425.382 to 425.3852, inclusive. 41
(k) A statement that the parent is responsible for notifying the 42
office of any change of address or employment. 43
(l) A statement that if the parent has any questions, the parent 44
may contact the office or consult an attorney. 45
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(m) Such other information as the Chief finds appropriate. 1
2. The statement of the monthly support required pursuant to 2
paragraph (b) of subsection 1 must be computed in accordance with 3
the guidelines established by the Administrator pursuant to 4
NRS 425.620. 5
3. After a conference for negotiation is held pursuant to 6
paragraph (f) of subsection 1, if an agreement is not reached on the 7
monthly support to be paid or the coverage to be provided, a hearing 8
must be held pursuant to NRS 425.3832 and notice of the hearing 9
must be sent to the parent by regular mail at the last known address 10
of the parent or to the last known address of the attorney for the 11
parent. 12
Sec. 7. NRS 425.3826 is hereby amended to read as follows: 13
425.3826 If the paternity of the dependent child has not been 14
legally established and a notice and finding of financial 15
responsibility is to be served on the alleged parent, the notice must 16
include: 17
1. The information required by NRS 425.3824. 18
2. An allegation that the person is the parent of the dependent 19
child. 20
3. The name of the other parent of the child. 21
4. The date of birth of the child. 22
5. The probable period during which conception took place. 23
6. A statement that if the alleged parent does not send to the 24
office issuing the notice and finding of financial responsibility a 25
written response that denies paternity and requests a hearing, within 26
the specified period, the [master,] judicial officer, without further 27
notice to the alleged parent, may enter a recommendation that 28
declares and establishes the person as the legal parent of the child. 29
Sec. 8. NRS 425.3828 is hereby amended to read as follows: 30
425.3828 1. If a written response setting forth objections and 31
requesting a hearing is received by the office issuing the notice and 32
finding of financial responsibility within the specified period, a 33
hearing must be held pursuant to NRS 425.3832 and notice of the 34
hearing must be sent to the parent by regular mail. 35
2. If a written response and request for hearing is not received 36
by the office issuing the notice and finding of financial 37
responsibility within the specified period, the [master] judicial 38
officer may enter a recommendation for the support of a dependent 39
child in accordance with the notice and shall: 40
(a) Include in that recommendation: 41
(1) If the paternity of the dependent child is established by 42
the recommendation, a declaration of that fact. 43
(2) The amount of monthly support to be paid, including 44
directions concerning the manner of payment. 45
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(3) The amount of arrearages owed. 1
(4) Whether coverage for health care must be provided for 2
the dependent child. 3
(5) Any requirements to be imposed pursuant to 4
subparagraph (14) of paragraph (b) of subsection 2 of NRS 425.382 5
regarding a plan for the payment of support by the parent or the 6
participation of the parent in work activities. 7
(6) The names of the parents or legal guardians of the child. 8
(7) The name of the person to whom, and the name and date 9
of birth of the dependent child for whom, support is to be paid. 10
(8) A statement that the property of the parent is subject to an 11
attachment or other procedure for collection, including, but not 12
limited to, withholding of wages, garnishment, liens and execution 13
on liens. 14
(9) A statement that objections to the recommendation may 15
be filed with the district court and served upon the other party 16
within 10 days after receipt of the recommendation. 17
(b) Ensure that the social security numbers of the parents or 18
legal guardians of the child and the person to whom support is to be 19
paid are provided to the enforcing authority. 20
3. The parent must be sent a copy of the recommendation for 21
the support of a dependent child by regular mail addressed to the 22
last known address of the parent, or if applicable, the last known 23
address of the attorney for the parent. 24
4. The recommendation for the support of a dependent child is 25
final upon approval by the district court pursuant to NRS 425.3844. 26
The Chief may take action to enforce and collect upon the order of 27
the court approving the recommendation, including arrearages, from 28
the date of the approval of the recommendation. 29
5. If a written response and request for hearing is not received 30
by the office issuing the notice and finding of financial 31
responsibility within the specified period, and the [master] judicial 32
officer enters a recommendation for the support of a dependent 33
child, the court may grant relief from the recommendation on the 34
grounds set forth in paragraph (b) of Rule 60 of the Nevada Rules of 35
Civil Procedure. 36
Sec. 9. NRS 425.383 is hereby amended to read as follows: 37
425.383 1. After the entry of a recommendation for the 38
support of a dependent child by the [master] judicial officer that has 39
been approved by the district court pursuant to NRS 425.3844, or 40
after entry of an order for the support of a dependent child by a 41
district court regarding which the Chief is authorized to proceed 42
pursuant to NRS 425.382 to 425.3852, inclusive, the responsible 43
parent, the person entitled to support or the enforcing authority may 44
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move for the amount of the child support being enforced to be 1
modified or adjusted in accordance with NRS 125B.145. 2
2. The motion must: 3
(a) Be in writing. 4
(b) Set out the reasons for the modification or adjustment. 5
(c) State the address of the moving party. 6
(d) Be served by the moving party upon the responsible parent 7
or the person entitled to support, as appropriate, by first-class mail 8
to the last known address of that person. 9
3. The moving party shall mail or deliver a copy of the motion 10
and the original return of service to the Chief. 11
4. The Chief shall set the matter for a hearing within 30 days 12
after the date of receipt of the motion unless a stipulated agreement 13
between the parties is reached. The Chief shall send to the parties 14
and person with physical custody of the dependent child a notice of 15
the hearing by first-class mail to the last known address of those 16
persons. 17
5. A motion for modification or adjustment requested pursuant 18
to this section does not prohibit the Chief from enforcing and 19
collecting upon the existing order for support of a dependent child 20
unless so ordered by the district court. 21
6. The only support payments that may be modified or adjusted 22
pursuant to this section are monthly support payments that: 23
(a) A court of this state has jurisdiction to modify pursuant to 24
chapter 130 of NRS; and 25
(b) Accrue after the moving party serves notice that a motion 26
has been filed for modification or adjustment. 27
7. The party requesting the modification or adjustment has the 28
burden of showing a change of circumstances and good cause for 29
the modification or adjustment, unless the request is filed in 30
accordance with subsection 1 of NRS 125B.145. 31
Sec. 10. NRS 425.3832 is hereby amended to read as follows: 32
425.3832 1. Except as otherwise provided in this chapter, a 33
hearing conducted pursuant to NRS 425.382 to 425.3852, inclusive, 34
must be conducted in accordance with the provisions of this section 35
by a qualified [master] judicial officer appointed pursuant to 36
NRS 425.381. 37
2. Subpoenas may be issued by: 38
(a) The [master.] judicial officer. 39
(b) The attorney of record for the office. 40
Obedience to the subpoena may be compelled in the same 41
manner as provided in chapter 22 of NRS. A witness appearing 42
pursuant to a subpoena, other than a party or an officer or employee 43
of the Chief, is entitled to receive the fees and payment for mileage 44
prescribed for a witness in a civil action. 45
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3. Except as otherwise provided in this section, the [master] 1
judicial officer need not observe strict rules of evidence but shall 2
apply those rules of evidence prescribed in NRS 233B.123. 3
4. The affidavit of any party who resides outside of the judicial 4
district is admissible as evidence regarding the duty of support, any 5
arrearages and the establishment of paternity. The [master] judicial 6
officer may continue the hearing to allow procedures for discovery 7
regarding any matter set forth in the affidavit. 8
5. The physical presence of a person seeking the establishment, 9
enforcement, modification or adjustment of an order for the support 10
of a dependent child or the establishment of paternity is not 11
required. 12
6. A verified petition, an affidavit, a document substantially 13
complying with federally mandated forms and a document 14
incorporated by reference in any of them, not excluded under NRS 15
51.065 if given in person, is admissible in evidence if given under 16
oath by a party or witness residing outside of the judicial district. 17
7. A copy of the record of payments for the support of a 18
dependent child, certified as a true copy of the original by the 19
custodian of the record, may be forwarded to the [master.] judicial 20
officer. The copy is evidence of facts asserted therein and is 21
admissible to show whether payments were made. 22
8. Copies of bills for testing for paternity, and for prenatal and 23
postnatal health care of the mother and child, furnished to the 24
adverse party at least 20 days before the hearing, are admissible in 25
evidence to prove the amount of the charges billed and that the 26
charges were reasonable, necessary and customary. 27
9. Documentary evidence transmitted from outside of the 28
judicial district by telephone, telecopier or other means that do not 29
provide an original writing may not be excluded from evidence on 30
an objection based on the means of transmission. 31
10. The [master] judicial officer may: 32
(a) Conduct a hearing by telephone, audiovisual means or other 33
electronic means outside of the judicial district in which the [master] 34
judicial officer is appointed. 35
(b) Permit a party or witness residing outside of the judicial 36
district to be deposed or to testify by telephone, audiovisual means 37
or other electronic means before a designated court or at another 38
location outside of the judicial district. 39
The [master] judicial officer shall cooperate with courts outside 40
of the judicial district in designating an appropriate location for the 41
hearing, deposition or testimony. 42
11. If a party called to testify at a hearing refuses to answer a 43
question on the ground that the testimony may be self-incriminating, 44
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the [master] judicial officer may draw an adverse inference from the 1
refusal. 2
12. A privilege against the disclosure of communications 3
between a married couple does not apply. 4
13. The defense of immunity based on the relationship of a 5
married couple or parent and child does not apply. 6
Sec. 11. NRS 425.3834 is hereby amended to read as follows: 7
425.3834 1. Upon issuance by a district court of an order 8
approving a recommendation entered by a [master] judicial officer 9
pursuant to NRS 425.382 to 425.3852, inclusive, the Chief shall 10
enforce and collect upon the order, including arrearages. 11
2. A recommendation entered by a [master] judicial officer 12
pursuant to NRS 425.382 to 425.3852, inclusive, is final upon 13
approval by the district court pursuant to NRS 425.3844. Upon such 14
approval, the recommendation is in full force and effect while any 15
judicial review is pending unless the recommendation is stayed by 16
the district court. 17
3. The district court may review a recommendation entered by 18
a [master] judicial officer pursuant to NRS 425.382 to 425.3852, 19
inclusive. If a review is conducted, the district court: 20
(a) Shall, except as otherwise provided in paragraph (b), review 21
the recommendation on the record of the case before the [master.] 22
judicial officer. 23
(b) May, in extraordinary circumstances as determined by the 24
district court, grant a trial de novo. 25
Sec. 12. NRS 425.3836 is hereby amended to read as follows: 26
425.3836 1. After the issuance of an order for the support of 27
a dependent child by a court, the Chief may issue a notice of intent 28
to enforce the order. The notice must be served upon the responsible 29
parent in the manner prescribed for service of summons in a civil 30
action or mailed to the responsible parent by certified mail, 31
restricted delivery, with return receipt requested. 32
2. The notice must include: 33
(a) The names of the person to whom support is to be paid and 34
the dependent child for whom support is to be paid. 35
(b) The amount of monthly support the responsible parent is 36
required to pay by the order for support. 37
(c) A statement of the arrearages owed pursuant to the order for 38
support. 39
(d) A demand that the responsible parent make full payment to 40
the enforcing authority within 14 days after the receipt or service of 41
the notice. 42
(e) A statement that the responsible parent may be required to 43
provide coverage for the health care of the dependent child when 44
coverage is available to the parent at a reasonable cost. 45
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(f) A statement of any requirements the Division will request 1
pursuant to subparagraph (14) of paragraph (b) of subsection 2 of 2
NRS 425.382 regarding a plan for the payment of support by the 3
responsible parent or the participation of the responsible parent in 4
work activities. 5
(g) A statement that if the responsible parent objects to any part 6
of the notice of intent to enforce the order, the responsible parent 7
must send to the office that issued the notice a written response 8
within 14 days after the date of receipt of service that sets forth any 9
objections and includes a request for a hearing. 10
(h) A statement that if full payment is not received within 14 11
days or a hearing has not been requested in the manner provided in 12
paragraph (g), the Chief is entitled to enforce the order and that the 13
property of the responsible parent is subject to an attachment or 14
other procedure for collection, including, but not limited to, 15
withholding of wages, garnishment, liens and execution on liens. 16
(i) A reference to NRS 425.382 to 425.3852, inclusive. 17
(j) A statement that the responsible parent is responsible for 18
notifying the office of any change of address or employment. 19
(k) A statement that if the responsible parent has any questions, 20
the responsible parent may contact the appropriate office or consult 21
an attorney. 22
(l) Such other information as the Chief finds appropriate. 23
3. If a written response setting forth objections and requesting 24
a hearing is received within the specified period by the office 25
issuing the notice of intent to enforce the order, a hearing must be 26
held pursuant to NRS 425.3832 and notice of the hearing must be 27
sent to the responsible parent by regular mail. If a written response 28
and request for hearing is not received within the specified period by 29
the office issuing the notice, the [master] judicial officer may enter 30
a recommendation for the support of a dependent child in 31
accordance with the notice and shall include in that 32
recommendation: 33
(a) The amount of monthly support to be enforced, including 34
directions concerning the manner of payment. 35
(b) The amount of arrearages owed and the manner of payment. 36
(c) Whether coverage for health care must be provided for the 37
dependent child. 38
(d) Any requirements to be imposed pursuant to subparagraph 39
(14) of paragraph (b) of subsection 2 of NRS 425.382 regarding a 40
plan for the payment of support by the parent or the participation of 41
the parent in work activities. 42
(e) A statement that the property of the parent is subject to an 43
attachment or other procedure for collection, including, but not 44
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limited to, the withholding of wages, garnishment, liens and 1
execution on liens. 2
4. After the district court approves the recommendation for the 3
support of a dependent child, the recommendation is final. The 4
Chief may take action to enforce and collect upon the order of the 5
court approving the recommendation, including arrearages, from the 6
date of the approval of the recommendation. 7
5. This section does not prevent the Chief from using other 8
available remedies for the enforcement of an obligation for the 9
support of a dependent child at any time. 10
6. The [master] judicial officer may hold a hearing to enforce a 11
recommendation for the support of a dependent child after the 12
recommendation has been entered and approved by the district court 13
pursuant to NRS 425.3844. The [master] judicial officer may enter 14
a finding that the parent has not complied with the order of the court 15
and may recommend to the district court that the parent be held in 16
contempt of court. The finding and recommendation is effective 17
upon review and approval of the district court. 18
Sec. 13. NRS 425.3838 is hereby amended to read as follows: 19
425.3838 1. The [master] judicial officer may enter a 20
recommendation establishing the paternity of a child during a 21
proceeding concerning the support of a dependent child pursuant to 22
NRS 425.382 to 425.3852, inclusive, if both parents sign affidavits 23
or other sworn statements that paternity has not been legally 24
established and that the male parent is the father of the child. 25
2. If there is only one alleged father and he does not file a 26
response that denies paternity and requests a hearing within the 27
period allowed in paragraph (g) of subsection 1 of NRS 425.3824, 28
the [master,] judicial officer, without further notice to the alleged 29
father, may enter a recommendation in accordance with NRS 30
425.3828 that declares and establishes the alleged father as the legal 31
father of the child. 32
3. Any recommendation entered pursuant to subsection 1 or 2 33
and approved by the district court establishes legal paternity of the 34
dependent child for all purposes. 35
Sec. 14. NRS 425.384 is hereby amended to read as follows: 36
425.384 1. The [master] judicial officer shall order blood 37
tests or tests for the genetic identification of the child, mother and 38
alleged father if such tests are not ordered pursuant to NRS 425.490 39
and: 40
(a) Paternity is alleged pursuant to NRS 425.3826 and a written 41
response denying paternity and requesting a hearing is received by 42
the Chief within the period allowed in paragraph (g) of subsection 1 43
of NRS 425.3824; 44
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(b) Any person alleges that more than one person may be the 1
father of the child and none of the persons alleged to be the father 2
acknowledges paternity of the child; or 3
(c) The [master] judicial officer determines that there is a valid 4
issue concerning the paternity of the child. 5
The Division shall pay the costs of any tests conducted pursuant 6
to this section. If the district court approves a recommendation 7
establishing the paternity of a child pursuant to NRS 425.3844, the 8
father shall reimburse the Division for the costs of those tests. 9
2. If settlement is not made after the [master] judicial officer 10
examines the results of the blood tests or tests for genetic 11
identification conducted pursuant to this section or NRS 425.490, 12
the [master] judicial officer shall make a determination of paternity 13
based upon the evidence presented to him. 14
Sec. 15. NRS 425.3841 is hereby amended to read as follows: 15
425.3841 Upon the motion of a party in a proceeding to 16
establish paternity, the [master] judicial officer shall issue a 17
recommendation for the temporary support of the dependent child 18
pending the resolution of the proceedings if the [master] judicial 19
officer determines that there is clear and convincing evidence that 20
the person to whom the recommendation is issued is the father of 21
the child. 22
Sec. 16. NRS 425.3844 is hereby amended to read as follows: 23
425.3844 1. A recommendation entered by a [master] 24
judicial officer pursuant to NRS 425.382 to 425.3852, inclusive, 25
including a recommendation establishing paternity, must be 26
furnished to each party or the attorney of the party at the conclusion 27
of the proceedings or as soon thereafter as possible. 28
2. Within 10 days after receipt of the recommendation, any 29
party may file with the district court and serve upon the other parties 30
a notice of objection to the recommendation. The notice must 31
include: 32
(a) A copy of the [master’s] recommendation [;] of the judicial 33
officer; 34
(b) The results of any blood tests or tests for genetic 35
identification examined by the [master;] judicial officer; 36
(c) A concise statement setting forth the reasons that the party 37
disagrees with the [master’s] recommendation [,] of the judicial 38
officer, including any affirmative defenses that must be pleaded 39
pursuant to the Nevada Rules of Civil Procedure; 40
(d) A statement of the relief requested; 41
(e) The notice and finding of financial responsibility if the Chief 42
issued such a notice and finding; and 43
(f) Any other relevant documents. 44
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3. If, within 10 days after receipt of the recommendation, a 1
notice of objection is: 2
(a) Not filed, the recommendation entered by the [master] 3
judicial officer shall be deemed approved by the district court, and 4
the clerk of the district court may file the recommendation pursuant 5
to subsection 7 and judgment may be entered thereon; or 6
(b) Filed, the district court shall review the matter pursuant to 7
NRS 425.3834. 8
4. A party who receives a notice of objection pursuant to 9
subsection 2 is not required to file an answer to that notice. The 10
district court shall review each objection contained in the notice. 11
5. If a notice of objection includes an objection to a 12
recommendation establishing paternity, the enforcement of any 13
obligation for the support of the child recommended by the [master] 14
judicial officer must, upon the filing and service of the notice, be 15
stayed until the district court rules upon the determination of 16
paternity. The obligation for the support of the child continues to 17
accrue during the consideration of the determination of paternity and 18
must be collected as arrears after the completion of the trial if the 19
court approves the recommendation of the [master.] judicial officer. 20
6. If a recommendation entered by a [master,] judicial officer, 21
including a recommendation establishing paternity, is deemed 22
approved by the district court pursuant to paragraph (a) of 23
subsection 3 and the recommendation modifies or adjusts a previous 24
order for support issued by any district court in this State, that 25
district court must be notified of the recommendation by the 26
[master.] judicial officer. 27
7. Upon approval by the district court of a recommendation 28
entered by a [master] judicial officer pursuant to NRS 425.382 to 29
425.3852, inclusive, including a recommendation establishing 30
paternity, a copy of the recommendation, with the approval of the 31
court endorsed thereon, must be filed: 32
(a) In the office of the clerk of the district court; 33
(b) If the order of the district court approving the 34
recommendation of the [master] judicial officer modifies or adjusts 35
a previous order issued by any district court in this State, with the 36
original order in the office of the clerk of that district court; and 37
(c) With any court that conducts a proceeding related thereto 38
pursuant to the provisions of chapter 130 of NRS. 39
8. A district court that approves a recommendation pursuant to 40
this section shall ensure that, before the recommendation is filed 41
pursuant to subsection 7, the social security numbers of the parents 42
or legal guardians of the child are provided to the enforcing 43
authority. 44
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9. Upon the approval and filing of the recommendation as 1
provided in subsection 7, the recommendation has the force, effect 2
and attributes of an order or decree of the district court, including, 3
but not limited to, enforcement by supplementary proceedings, 4
contempt of court proceedings, writs of execution, liens and writs of 5
garnishment. 6
Sec. 17. NRS 425.3846 is hereby amended to read as follows: 7
425.3846 In addition to any other remedy provided by law for 8
the enforcement of support, if a recommendation for support of a 9
dependent child has been entered by the [master,] judicial officer, 10
approved by the district court and filed, the Chief may proceed in 11
accordance with the provisions of chapter 31A of NRS. 12
Sec. 18. NRS 425.385 is hereby amended to read as follows: 13
425.385 Notwithstanding any other provision of this chapter, 14
the [master] judicial officer may certify a proceeding to establish an 15
order for support of a dependent child or arrearages to the district 16
court if the issues are complex or beyond the competence of the 17
[master.] judicial officer. The [master] judicial officer shall enter a 18
temporary recommendation for support in such cases. The 19
temporary support must be paid to the enforcing authority and held 20
until final resolution of the case. 21
Sec. 19. NRS 425.3855 is hereby amended to read as follows: 22
425.3855 A district court that enters an order pursuant to NRS 23
425.382 to 425.3852, inclusive, or an order approving a 24
recommendation for the support of a dependent child made by a 25
[master] judicial officer shall ensure that the social security 26
numbers of the parents or legal guardians of the child are provided 27
to the enforcing authority. 28
Sec. 20. NRS 425.470 is hereby amended to read as follows: 29
425.470 1. The Chief shall send a notice by first-class mail to 30
each responsible parent who is in arrears in any payment for the 31
support of one or more children required pursuant to an order 32
enforced by a court in this State. The notice must include a 33
statement of the amount of the arrearage and the information 34
prescribed in subsection 2. 35
2. If the responsible parent does not satisfy the arrearage within 36
20 days after the responsible parent receives the notice required by 37
subsection 1, the Chief may, to collect the arrearage owed: 38
(a) Require the responsible parent to pay monthly the amount 39
the responsible parent is required to pay pursuant to the order for 40
support plus an additional amount to satisfy the arrearage; or 41
(b) Issue a notice of attachment to the financial institutions in 42
which the assets of the responsible parent are held and attach and 43
seize such assets as are necessary to satisfy the arrearage. 44
– 16 –
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3. If the Chief proceeds to collect an arrearage pursuant to 1
subsection 2, the Chief shall notify the responsible parent of that 2
fact in writing. The notice must be sent by first-class mail. 3
4. The Chief shall determine the amount of any additional 4
payment required pursuant to paragraph (a) of subsection 2 based 5
upon the amount of the arrearage owed by the responsible parent 6
and the ability of the responsible parent to pay. 7
5. A responsible parent against whom the Division proceeds 8
pursuant to subsection 2 may, within 20 days after the responsible 9
parent receives the notice required pursuant to subsection 3, submit 10
to the Chief a request for a hearing. Before a hearing may be held, 11
the responsible parent and a representative of the enforcing authority 12
must meet and make a good faith effort to resolve the matter. 13
6. If a hearing is requested within the period prescribed in 14
subsection 5 and the responsible parent and the enforcing authority 15
meet as required pursuant to subsection 5, the hearing must be held 16
pursuant to NRS 425.3832 within 20 days after the Chief receives 17
the request. The [master] judicial officer shall notify the responsible 18
parent of the recommendation or decision of the [master] judicial 19
officer at the conclusion of the hearing or as soon thereafter as is 20
practicable. 21
7. For the purposes of this section, a person shall be deemed to 22
have received a notice 3 days after it is mailed, by first-class mail, 23
postage prepaid, to that person at the last known address of the 24
person. 25
Sec. 21. NRS 425.510 is hereby amended to read as follows: 26
425.510 1. Each district attorney or other public agency 27
collecting support for children shall send a notice by first-class mail 28
to each person who: 29
(a) Has failed to comply with a subpoena or warrant relating to a 30
proceeding to determine the paternity of a child or to establish or 31
enforce an obligation for the support of a child; or 32
(b) Is in arrears in the payment for the support of one or more 33
children. 34
The notice must include the information set forth in subsection 2 35
and a copy of the subpoena or warrant or a statement of the amount 36
of the arrearage. 37
2. If the person does not, within 30 days after the person 38
receives the notice required by subsection 1: 39
(a) Comply with the subpoena or warrant; 40
(b) Satisfy the arrearage pursuant to NRS 425.560; or 41
(c) Submit to the district attorney or other public agency a 42
written request for a hearing, 43
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- *AB344*
the district attorney or other public agency shall report the name 1
of that person to the Department of Motor Vehicles and to the 2
Department of Wildlife. 3
3. Before a hearing requested pursuant to subsection 2 may be 4
held, the person requesting the hearing and a representative of the 5
enforcing authority must meet and make a good faith effort to 6
resolve the matter. 7
4. If a person requests a hearing within the period prescribed in 8
subsection 2 and meets with the enforcing authority as required 9
pursuant to subsection 3, a hearing must be held pursuant to NRS 10
425.3832. The [master] judicial officer shall notify the person of the 11
recommendation of the [master] judicial officer at the conclusion of 12
the hearing or as soon thereafter as is practicable. If the [master] 13
judicial officer determines that the person has failed to comply with 14
a subpoena or warrant relating to a proceeding to determine the 15
paternity of a child or to establish or enforce an obligation for the 16
support of a child, the [master] judicial officer shall include in 17
the notice the information set forth in subsection 5. If the [master] 18
judicial officer determines that the person is in arrears in the 19
payment for the support of one or more children, the [master] 20
judicial officer shall include in the notice the information set forth 21
in subsection 6. 22
5. If the [master] judicial officer determines that a person who 23
requested a hearing pursuant to subsection 2 has not complied with a 24
subpoena or warrant relating to a proceeding to determine the 25
paternity of a child or to establish or enforce an obligation for the 26
support of a child and the district court issues an order approving 27
the recommendation of the [master,] judicial officer, the district 28
attorney or other public agency shall report the name of that person 29
to the Department of Motor Vehicles and to the Department of 30
Wildlife. 31
6. If the [master] judicial officer determines that a person who 32
requested a hearing pursuant to subsection 2 is in arrears in the 33
payment for the support of one or more children, the [master] 34
judicial officer shall notify the person that if the person does not 35
immediately agree to enter into a plan for the repayment of the 36
arrearages that is approved by the district attorney or other public 37
agency, the driver’s license and motorcycle driver’s license of the 38
person and any license or permit to hunt, fish or trap issued by the 39
Department of Wildlife to the person pursuant to chapters 502 and 40
503 of NRS, may be subject to suspension. If the person does not 41
agree to enter into such a plan and the district court issues an order 42
approving the recommendation of the [master,] judicial officer, the 43
district attorney or other public agency shall report the name of that 44
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- *AB344*
person to the Department of Motor Vehicles and to the Department 1
of Wildlife. 2
7. The district attorney or other public agency shall, within 5 3
days after the person who has failed to comply with a subpoena or 4
warrant or is in arrears in the payment for the support of one or 5
more children complies with the subpoena or warrant or satisfies the 6
arrearage pursuant to NRS 425.560, notify the Department of Motor 7
Vehicles and the Department of Wildlife that the person has 8
complied with the subpoena or warrant or has satisfied the 9
arrearage. 10
8. For the purposes of this section, a person shall be deemed to 11
have received a notice 3 days after it is mailed, by first-class mail, 12
postage prepaid, to that person at the last known address of the 13
person. 14
Sec. 22. NRS 425.530 is hereby amended to read as follows: 15
425.530 1. Each district attorney or other public agency 16
collecting support for children shall send a notice by certified mail, 17
restricted delivery, with return receipt requested to each person who: 18
(a) Has failed to comply with a subpoena or warrant relating to a 19
proceeding to determine the paternity of a child or to establish, 20
modify or enforce an obligation for the support of a child; or 21
(b) Is in arrears in the payment for the support of one or more 22
children. 23
The notice must include the information set forth in subsections 2 24
and 4 and a copy of the subpoena or warrant or a statement of the 25
amount of the arrearage. 26
2. If the person does not, within 30 days after the person 27
receives the notice required by subsection 1: 28
(a) Comply with the subpoena or warrant; 29
(b) Satisfy the arrearage pursuant to NRS 425.560; or 30
(c) Submit to the district attorney or other public agency a 31
written request for a hearing, 32
the district attorney or other public agency shall request in 33
writing that the [master] judicial officer suspend all professional, 34
occupational and recreational licenses, certificates and permits 35
issued to that person, and any state business license issued to that 36
person if he or she is conducting business in this State as a sole 37
proprietor. 38
3. Before a hearing requested pursuant to subsection 2 may be 39
held, the person requesting the hearing and a representative of the 40
enforcing authority must meet and make a good faith effort to 41
resolve the matter. 42
4. If the [master] judicial officer receives from a district 43
attorney or other public agency a request to suspend the 44
professional, occupational and recreational licenses, certificates and 45
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- *AB344*
permits issued to a person, and any state business license issued to 1
that person if he or she is conducting business in this State as a sole 2
proprietor, the [master] judicial officer shall enter a 3
recommendation determining whether the person: 4
(a) Has failed to comply with a subpoena or warrant relating to a 5
proceeding to determine the paternity of a child or to establish, 6
modify or enforce an obligation for the support of a child; or 7
(b) Is in arrears in the payment for the support of one or more 8
children. 9
As soon as practicable after the [master] judicial officer enters a 10
recommendation, the district attorney or other public agency shall 11
notify the person by first-class mail of the recommendation of the 12
[master.] judicial officer. 13
5. If a person requests a hearing within the period prescribed in 14
subsection 2 and meets with the enforcing authority as required in 15
subsection 3, a hearing must be held pursuant to NRS 425.3832. The 16
[master] judicial officer shall notify the person of the 17
recommendation of the [master] judicial officer at the conclusion of 18
the hearing or as soon thereafter as is practicable. 19
6. As used in this section, “professional, occupational and 20
recreational licenses, certificates and permits” does not include 21
licenses and permits to hunt, fish or trap issued by the Department 22
of Wildlife pursuant to chapters 502 and 503 of NRS. 23
Sec. 23. NRS 425.540 is hereby amended to read as follows: 24
425.540 1. If a [master] judicial officer enters a 25
recommendation determining that a person: 26
(a) Has failed to comply with a subpoena or warrant relating to a 27
proceeding to determine the paternity of a child or to establish or 28
enforce an obligation for the support of a child; or 29
(b) Is in arrears in the payment for the support of one or more 30
children, 31
and the district court issues an order approving the 32
recommendation of the [master] judicial officer pursuant to NRS 33
425.3844, the court shall provide a copy of the order to the 34
Secretary of State and all agencies that issue professional, 35
occupational or recreational licenses, certificates or permits. 36
2. A court order issued pursuant to subsection 1 must provide 37
that if the person named in the order does not, within 30 days after 38
the date on which the order is issued, submit to any agency that has 39
issued a professional, occupational or recreational license, certificate 40
or permit to that person, and to the Secretary of State if he or she 41
conducts business in this State as a sole proprietor, a letter from the 42
district attorney or other public agency stating that the person has 43
complied with the subpoena or warrant or has satisfied the arrearage 44
pursuant to NRS 425.560, the professional, occupational or 45
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- *AB344*
recreational licenses issued to the person by that agency, or the state 1
business license issued to the person to conduct business in this 2
State as a sole proprietor by the Secretary of State, will be 3
automatically suspended. Such an order must not apply to a license, 4
certificate or permit issued by the State Land Registrar if that 5
license, certificate or permit expires less than 6 months after it is 6
issued. 7
3. If a court issues an order pursuant to subsection 1, the 8
district attorney or other public agency shall send a notice by first-9
class mail to the person who is subject to the order. The notice must 10
include: 11
(a) If the person has failed to comply with a subpoena or 12
warrant, a copy of the court order and a copy of the subpoena or 13
warrant; or 14
(b) If the person is in arrears in the payment for the support of 15
one or more children: 16
(1) A copy of the court order; 17
(2) A statement of the amount of the arrearage; and 18
(3) A statement of the action that the person may take to 19
satisfy the arrearage pursuant to NRS 425.560. 20
4. As used in this section, “professional, occupational and 21
recreational licenses, certificates and permits” does not include 22
licenses and permits to hunt, fish or trap issued by the Department 23
of Wildlife pursuant to chapters 502 and 503 of NRS. 24
Sec. 24. NRS 425.610 is hereby amended to read as follows: 25
425.610 1. The Committee to Review Child Support 26
Guidelines is hereby created. The Committee consists of: 27
(a) The presiding judge of the Family Division of the Second 28
Judicial District Court or his or her designee; 29
(b) The presiding judge of the Family Division of the Eighth 30
Judicial District Court or his or her designee; 31
(c) One member who is a district court judge or [master] 32
judicial officer from a judicial district other than the Second or 33
Eighth Judicial District, appointed by the Chief Justice of the 34
Supreme Court; 35
(d) One member who is a justice or retired justice of the 36
Supreme Court, appointed by the Chief Justice of the Supreme 37
Court; 38
(e) One member who is a district attorney in Clark County, 39
appointed by the governing body of the Nevada District Attorneys 40
Association, or his or her designee; 41
(f) One member who is a district attorney in Washoe County, 42
appointed by the governing body of the Nevada District Attorneys 43
Association, or his or her designee; 44
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- *AB344*
(g) One member who is a district attorney in a county other than 1
Clark or Washoe County, appointed by the governing body of the 2
Nevada District Attorneys Association, or his or her designee; 3
(h) Two members who are members of the Family Law Section 4
of the State Bar of Nevada, appointed by the Executive Council of 5
the Family Law Section; 6
(i) One member who is an employee of the Division, appointed 7
by the Administrator; 8
(j) One member who has expertise in economics and child 9
support, appointed by the Administrator; 10
(k) Two members who are Senators, one of whom is appointed 11
by the Majority Leader of the Senate and one of whom is appointed 12
by the Minority Leader of the Senate; and 13
(l) Two members who are members of the Assembly, one of 14
whom is appointed by the Speaker of the Assembly and one of 15
whom is appointed by the Minority Leader of the Assembly. 16
If any association listed in this subsection ceases to exist, the 17
appointment required by this subsection must be made by the 18
association’s successor in interest or, if there is no successor in 19
interest, by the Governor. 20
2. Each appointed member serves a term of 4 years. Members 21
may be reappointed for additional terms of 4 years in the same 22
manner as the original appointments. Any vacancy occurring in the 23
membership of the Committee must be filled in the same manner as 24
the original appointment not later than 30 days after the vacancy 25
occurs. 26
3. At the first regular meeting every 4 years, the members of 27
the Committee shall elect a Chair by majority vote who shall serve 28
until the next Chair is elected. 29
4. The Committee shall convene on or before September 1, 30
2017, and shall meet at least once every 4 years thereafter. The 31
Committee may also meet at such further times as deemed necessary 32
by the Chair. 33
5. A majority of the members of the Committee constitutes a 34
quorum for the transaction of business, and a majority of those 35
members present at any meeting is sufficient for any official action 36
taken by the Committee. 37
Sec. 25. Chapter 432B of NRS is hereby amended by adding 38
thereto the provisions set forth as sections 26 and 27 of this act. 39
Sec. 26. “Judicial officer” means a person who is appointed 40
by a court to act as a judicial officer of the court. 41
Sec. 27. 1. A court may, upon the motion of a party or its 42
own motion, consider transferring proceedings under this section 43
and NRS 432B.410 to 432B.590, inclusive, to another court in this 44
State. If the court determines that such a transfer may be in the 45
– 22 –
- *AB344*
best interests of the child who is the subject of the proceedings, the 1
court shall contact the receiving court to schedule a joint hearing. 2
The originating court shall notify the following persons and 3
entities of the hearing: 4
(a) The agency which provides child welfare services in the 5
jurisdiction where the originating court is located; 6
(b) The agency which provides child welfare services that 7
serves the jurisdiction of the receiving court, if that agency is 8
different from the agency which currently has custody of the 9
child; and 10
(c) All parties to the proceedings. 11
2. The originating court and the receiving court may not 12
communicate about the facts of the proceedings that are the 13
subject of a joint hearing conducted pursuant to subsection 1 14
outside of that joint hearing, but may communicate about 15
scheduling, the transfer of documents and other administrative 16
matters. 17
3. An originating court may, after conducting a joint hearing 18
pursuant to subsection 1, transfer proceedings under this section 19
and NRS 432B.410 to 432B.590, inclusive, to a receiving court 20
and the receiving court may accept the transfer only if each court 21
determines in accordance with the subsection 4 that the transfer 22
would be in the best interests of the child who is the subject of the 23
proceedings. The proceedings must be transferred if both courts 24
make such a determination. If both courts make such a 25
determination, the receiving court shall notify each person or 26
entity listed in subsection 1 of that decision. 27
4. When determining if the transfer of proceedings under this 28
section and NRS 432B.410 to 432B.590, inclusive, would be in the 29
best interests of the child who is the subject of the proceedings, a 30
court shall consider: 31
(a) Which jurisdiction has the most significant contacts with 32
the child; 33
(b) The residence of any parent or guardian who has current 34
physical custody of the child; 35
(c) The location of the school the child currently attends; 36
(d) If the Indian Child Welfare Act applies, the 37
recommendations of any relevant Indian tribe; and 38
(e) Any other factor the court deems appropriate. 39
5. Except as otherwise provided in this subsection, if a motion 40
is made pursuant to subsection 1 before disposition of the case 41
pursuant to subsection 5 of NRS 432B.530, any transfer of the 42
proceedings pursuant to this section must occur after an 43
adjudicatory hearing held pursuant to subsection 1 of NRS 44
432B.530 and before disposition of the case. If all parties agree to 45
– 23 –
- *AB344*
transfer the proceedings before the adjudicatory hearing, the 1
originating court and the receiving court may elect to hold a joint 2
hearing pursuant to subsection 1 and, if both courts determine 3
pursuant to subsection 4 that the transfer would be in the best 4
interests of the child, transfer the proceedings to the receiving 5
court before the adjudicatory hearing. 6
6. If a receiving court accepts the transfer of proceedings 7
after a joint hearing is conducted pursuant to subsection 1 and the 8
agency which provides child welfare services in the jurisdiction of 9
the receiving court is different from the agency which provides 10
child welfare services in the jurisdiction of the originating court, 11
the receiving court shall order the transfer of all responsibilities of 12
the agency which provides child welfare services with regard to the 13
child who is the subject of the proceedings, including, where 14
applicable, the custody of the child, to the agency which provides 15
child welfare services in the jurisdiction of the receiving court. 16
7. As used in this section: 17
(a) “Originating court” means a court that is considering 18
transferring proceedings under this section and NRS 432B.410 to 19
432B.590, inclusive, to a receiving court or has transferred such 20
proceedings to a receiving court. 21
(b) “Receiving court” means the court to which an originating 22
court is considering transferring proceedings under this section 23
and NRS 432B.410 to 432B.590, inclusive, or has transferred such 24
proceedings. 25
Sec. 28. NRS 432B.010 is hereby amended to read as follows: 26
432B.010 As used in this chapter, unless the context otherwise 27
requires, the words and terms defined in NRS 432B.020 to 28
432B.110, inclusive, and section 26 of this act have the meanings 29
ascribed to them in those sections. 30
Sec. 29. NRS 432B.250 is hereby amended to read as follows: 31
432B.250 Any person who is required to make a report 32
pursuant to NRS 432B.220 may not invoke any of the privileges set 33
forth in chapter 49 of NRS: 34
1. For failure to make a report pursuant to NRS 432B.220; 35
2. In cooperating with an agency which provides child welfare 36
services or a guardian ad litem for a child; or 37
3. In any proceeding held pursuant to NRS 432B.410 to 38
432B.590, inclusive [.] , and section 27 of this act. 39
Sec. 30. NRS 432B.420 is hereby amended to read as follows: 40
432B.420 1. [A] Beginning on the date on which a child is 41
placed in protective custody pursuant to NRS 432B.390, a parent 42
or other person responsible for the welfare of a child [who is alleged 43
to have abused or neglected the child] may be represented by an 44
attorney at all stages of any proceedings under NRS 432B.410 to 45
– 24 –
- *AB344*
432B.590, inclusive [.] , and section 27 of this act. Except as 1
otherwise provided in subsection 3, if the person is indigent, the 2
court may appoint an attorney to represent the person. 3
2. A child who is [alleged to have been abused or neglected] 4
alleged to be in need of protection shall be deemed to be a party to 5
any proceedings under NRS 432B.410 to 432B.590, inclusive [.] , 6
and section 27 of this act. The court shall appoint an attorney to 7
represent the child. The child must be represented by an attorney at 8
all stages of any proceedings held pursuant to NRS 432B.410 to 9
432B.590, inclusive [.] , and section 27 of this act. The attorney 10
representing the child has the same authority and rights as an 11
attorney representing any other party to the proceedings. 12
3. If the court determines that the parent of an Indian child for 13
whom protective custody is sought is indigent, the court: 14
(a) Shall appoint an attorney to represent the parent; and 15
(b) May apply to the Secretary of the Interior for the payment of 16
the fees and expenses of such an attorney, 17
as provided in the Indian Child Welfare Act. 18
4. If a petition alleging that a child is in need of protection is 19
filed pursuant to NRS 432B.510 and the court determines that a 20
parent or other person responsible for the welfare of the child who 21
is alleged to have committed an act or omission that resulted in the 22
child being in need of protection is indigent, the court shall 23
appoint an attorney to represent the parent or other person, unless 24
good cause is shown for not appointing an attorney to represent 25
the parent or other person. For the purposes of this subsection, 26
good cause includes, without limitation: 27
(a) Failure to communicate with previously appointed counsel; 28
(b) Harmful or offensive conduct, including, without 29
limitation, violence or threats of violence, toward previously 30
appointed counsel; 31
(c) Requesting new counsel without valid justification; and 32
(d) A high likelihood that the appointment of counsel will 33
cause undue delay. 34
[4.] 5. Each attorney, other than an attorney compensated 35
through a program for legal aid described in NRS 19.031 and 36
247.305, if appointed under the provisions of subsection 1 or 2, is 37
entitled to the [same] compensation and payment for expenses [from 38
the county as provided in NRS 7.125 and 7.135] for all time 39
reasonably spent on the proceedings and payment for all expenses 40
reasonably incurred from the proceedings, including, without 41
limitation, time spent and expenses incurred for preparation, 42
hearings and meetings. Such compensation must be paid at a rate 43
not less than the lowest rate paid to an attorney appointed to 44
– 25 –
- *AB344*
represent a person charged with a [crime.] misdemeanor in the 1
same jurisdiction. 2
6. For the purposes of this section, a person is deemed to be 3
indigent if: 4
(a) The person has a household income that is less than 200 5
percent of the federally designated level signifying poverty; 6
(b) The person is receiving federal assistance through federal 7
programs, including, without limitation, Medicaid, Temporary 8
Assistance for Needy Families, Supplemental Nutrition Assistance 9
or disability insurance benefits under the federal Social Security 10
Act; 11
(c) The person resides in public housing; or 12
(d) Hiring counsel would pose a financial hardship to the 13
person or his or her child or hinder the ability of the person to 14
obtain services to facilitate reunification with his or her child. 15
7. As used in this section: 16
(a) “Public housing” has the meaning ascribed to it in 17
NRS 315.021. 18
(b) “Supplemental Nutrition Assistance” means the program 19
established to provide persons of low income with an opportunity 20
to purchase a more nutritious diet pursuant to the Food Stamp Act 21
of 1977, 7 U.S.C. §§ 2011 et seq., as amended. 22
(c) “Temporary Assistance for Needy Families” means the 23
program established to provide temporary assistance for needy 24
families pursuant to Title IV of the Social Security Act, 42 U.S.C. 25
§§ 601 et seq., and other provisions of that act relating to 26
temporary assistance for needy families. 27
Sec. 31. NRS 432B.430 is hereby amended to read as follows: 28
432B.430 1. Except as otherwise provided in subsections 3 29
and 4 and NRS 432B.457, in each judicial district that includes a 30
county whose population is 700,000 or more: 31
(a) Any proceeding held pursuant to NRS 432B.410 to 32
432B.590, inclusive, and section 27 of this act, other than a hearing 33
held pursuant to subsections 1 to 4, inclusive, of NRS 432B.530 or a 34
hearing held pursuant to subsection 5 of NRS 432B.530 when the 35
court proceeds immediately, must be open to the general public 36
unless the judge or [master,] judicial officer, upon his or her own 37
motion or upon the motion of another person, determines that all or 38
part of the proceeding must be closed to the general public because 39
such closure is in the best interests of the child who is the subject of 40
the proceeding. In determining whether closing all or part of the 41
proceeding is in the best interests of the child who is the subject of 42
the proceeding, the judge or [master] judicial officer must consider 43
and give due weight to the desires of that child. 44
– 26 –
- *AB344*
(b) If the judge or [master] judicial officer determines pursuant 1
to paragraph (a) that all or part of a proceeding must be closed to the 2
general public: 3
(1) The judge or [master] judicial officer must make specific 4
findings of fact to support such a determination; and 5
(2) The general public must be excluded and only those 6
persons having a direct interest in the case, as determined by the 7
judge or [master,] judicial officer, may be admitted to the 8
proceeding. 9
(c) Any proceeding held pursuant to subsections 1 to 4, 10
inclusive, of NRS 432B.530 and any proceeding held pursuant to 11
subsection 5 of NRS 432B.530 when the court proceeds 12
immediately must be closed to the general public unless the judge or 13
[master,] judicial officer, upon his or her own motion or upon 14
the motion of another person, determines that all or part of the 15
proceeding must be open to the general public because opening the 16
proceeding in such a manner is in the best interests of the child who 17
is the subject of the proceeding. In determining whether opening all 18
or part of the proceeding is in the best interests of the child who is 19
the subject of the proceeding, the judge or [master] judicial officer 20
must consider and give due weight to the desires of that child. If the 21
judge or [master] judicial officer determines pursuant to this 22
paragraph that all or part of a proceeding must be open to the 23
general public, the judge or [master] judicial officer must make 24
specific findings of fact to support such a determination. Unless the 25
judge or [master] judicial officer determines pursuant to this 26
paragraph that all or part of a proceeding described in this paragraph 27
must be open to the general public, the general public must be 28
excluded and only those persons having a direct interest in the case, 29
as determined by the judge or [master,] judicial officer, may be 30
admitted to the proceeding. 31
2. Except as otherwise provided in subsections 3 and 4 and 32
NRS 432B.457, in each judicial district that includes a county 33
whose population is less than 700,000: 34
(a) Any proceeding held pursuant to NRS 432B.410 to 35
432B.590, inclusive, and section 27 of this act must be closed to the 36
general public unless the judge or [master,] judicial officer, upon 37
his or her own motion or upon the motion of another person, 38
determines that all or part of the proceeding must be open to the 39
general public because opening the proceeding in such a manner is 40
in the best interests of the child who is the subject of the proceeding. 41
In determining whether opening all or part of the proceeding is in 42
the best interests of the child who is the subject of the proceeding, 43
the judge or [master] judicial officer shall consider and give due 44
weight to the desires of that child. 45
– 27 –
- *AB344*
(b) If the judge or [master] judicial officer determines pursuant 1
to paragraph (a) that all or part of a proceeding must be open to the 2
general public, the judge or [master] judicial officer must make 3
specific findings of fact to support such a determination. 4
(c) Unless the judge or [master] judicial officer determines 5
pursuant to paragraph (a) that all or part of a proceeding must be 6
open to the general public, the general public must be excluded and 7
only those persons having a direct interest in the case, as determined 8
by the judge or [master,] judicial officer, may be admitted to the 9
proceeding. 10
3. Except as otherwise provided in subsection 4 and NRS 11
432B.457, in a proceeding held pursuant to NRS 432B.470, the 12
general public must be excluded and only those persons having a 13
direct interest in the case, as determined by the judge or [master,] 14
judicial officer, may be admitted to the proceeding. 15
4. In conducting a proceeding held pursuant to NRS 432B.410 16
to 432B.590, inclusive, and section 27 of this act, a judge or 17
[master] judicial officer shall keep information confidential to the 18
extent necessary to obtain federal funds in the maximum amount 19
available to this state. 20
Sec. 32. NRS 432B.455 is hereby amended to read as follows: 21
432B.455 1. If the court determines that a child must be kept 22
in protective custody pursuant to NRS 432B.480 or must be placed 23
in temporary or permanent custody pursuant to NRS 432B.550, the 24
court may, before placing the child in the temporary or permanent 25
custody of a person, order the appointment of a special [master] 26
judicial officer from among the members of the State Bar of Nevada 27
to conduct a hearing to identify the person most qualified and 28
suitable to take custody of the child in consideration of the needs of 29
the child for temporary or permanent placement. 30
2. Not later than 5 calendar days after the hearing, the special 31
[master] judicial officer shall prepare and submit to the court a 32
recommendation regarding which person is most qualified and 33
suitable to take custody of the child. 34
3. A court may designate a different title to a person 35
appointed as a special judicial officer so long as the title does not 36
include the term “master.” 37
Sec. 33. NRS 432B.457 is hereby amended to read as follows: 38
432B.457 1. If, upon the initiative of the court or a special 39
[master] judicial officer appointed pursuant to NRS 432B.455 or the 40
motion of a party, the court or special [master] judicial officer finds 41
that a person has a special interest in a child, the court or special 42
[master] judicial officer shall: 43
(a) Except for good cause, ensure that the person is involved in 44
and notified of any plan for the temporary or permanent placement 45
– 28 –
- *AB344*
of the child and is allowed to offer recommendations regarding the 1
plan; and 2
(b) Allow the person to testify at any hearing held pursuant to 3
this chapter to determine any temporary or permanent placement of 4
the child. 5
2. A finding that a person has a special interest in a child 6
pursuant to subsection 1 may be reviewed or modified at any time 7
by the court or special [master.] judicial officer. 8
3. For the purposes of this section, a person “has a special 9
interest in a child” if: 10
(a) The person is: 11
(1) A parent or other relative of the child; 12
(2) A foster parent or other provider of substitute care for the 13
child; 14
(3) A provider of care for the medical or mental health of the 15
child; 16
(4) An educational decision maker appointed for the child 17
pursuant to NRS 432B.462; or 18
(5) A teacher or other school official who works directly 19
with the child; and 20
(b) The person: 21
(1) Has a personal interest in the well-being of the child; or 22
(2) Possesses information that is relevant to the 23
determination of the placement of the child. 24
Sec. 34. NRS 432B.470 is hereby amended to read as follows: 25
432B.470 1. A child placed in protective custody pursuant to 26
NRS 432B.390 must be given a hearing, conducted by a judge, 27
[master] judicial officer or special [master] judicial officer 28
appointed by the judge for that particular hearing, within 72 hours, 29
excluding Saturdays, Sundays and holidays, after being placed in 30
protective custody, to determine whether the child should remain in 31
protective custody pending further action by the court. 32
2. Except as otherwise provided in this subsection, notice of 33
the time and place of the hearing must be given to a parent or other 34
person responsible for the child’s welfare: 35
(a) By personal service of a written notice; 36
(b) Orally, with a written notice mailed to the last known 37
address of the parent or other person responsible for the child’s 38
welfare within 24 hours after the child is placed in protective 39
custody; or 40
(c) If the parent or other person responsible for the child’s 41
welfare cannot be located for personal or oral service, by mailing a 42
written notice to the last known address of the parent or other person 43
responsible for the child’s welfare within 24 hours after the child is 44
placed in protective custody. 45
– 29 –
- *AB344*
If the child was delivered to a provider of emergency services 1
pursuant to NRS 432B.630, the parent who delivered the child to the 2
provider shall be deemed to have waived any right to notice of the 3
hearing conducted pursuant to this section. 4
3. If the parent or other person responsible for the child’s 5
welfare cannot be located for personal or oral notice and the last 6
known address of the parent or other person responsible for the 7
child’s welfare cannot be ascertained, reasonable efforts must be 8
made to locate and notify the parent or other person responsible for 9
the child’s welfare as soon as possible. 10
4. Actual notice of the hearing or appearance at the hearing 11
shall be deemed to satisfy the requirements relating to notice set 12
forth in this section. 13
Sec. 35. NRS 432B.513 is hereby amended to read as follows: 14
432B.513 1. Except as otherwise provided in subsection 3, a 15
person who submits a report or information to the court for 16
consideration in a proceeding held pursuant to NRS 432B.466 to 17
432B.468, inclusive, or 432B.500 to 432B.590, inclusive, and 18
section 27 of this act, shall provide a copy of the report or 19
information, to the extent that the data or information in the report 20
or information is available pursuant to NRS 432B.290, to each 21
parent or guardian of the child who is the subject of the proceeding 22
and to the attorney of each parent or guardian not later than 72 hours 23
before the proceeding. 24
2. If a person does not provide a copy of a report or 25
information to a parent or guardian of a child and an attorney of the 26
parent or guardian before a proceeding if required by subsection 1, 27
the court or [master:] judicial officer: 28
(a) Shall provide the parent or guardian and the attorney of the 29
parent or guardian an opportunity to review the report or 30
information; and 31
(b) May grant a continuance of the proceeding until a later date 32
that is agreed upon by all the parties to the proceeding if the parent 33
or guardian or the attorney of the parent or guardian requests that 34
the court grant the continuance so that the parent or guardian and the 35
attorney of the parent or guardian may properly respond to the 36
report or information. 37
3. If a child was delivered to a provider of emergency services 38
pursuant to NRS 432B.630, a copy of a report or information 39
described in subsection 1 need not be sent to the parent who 40
delivered the child to the provider or the attorney of that parent 41
pursuant to subsection 1. 42
4. As used in this section, “person” includes, without 43
limitation, a government, governmental agency or political 44
subdivision of a government. 45
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- *AB344*
Sec. 36. NRS 432B.550 is hereby amended to read as follows: 1
432B.550 1. If the court finds that a child is in need of 2
protection, it may, by its order, after receipt and review of the report 3
from the agency which provides child welfare services: 4
(a) Permit the child to remain in the temporary or permanent 5
custody of the parents of the child or a guardian with or without 6
supervision by the court or a person or agency designated by the 7
court, and with or without retaining jurisdiction of the case, upon 8
such conditions as the court may prescribe; 9
(b) Place the child in the temporary or permanent custody of a 10
relative, a fictive kin or other person the court finds suitable to 11
receive and care for the child with or without supervision, and with 12
or without retaining jurisdiction of the case, upon such conditions as 13
the court may prescribe; or 14
(c) Place the child in the temporary custody of a public agency 15
or institution authorized to care for children, the local juvenile 16
probation department, the local department of juvenile services or a 17
private agency or institution licensed by the Department of Health 18
and Human Services or a county whose population is 100,000 or 19
more to care for such a child. 20
In carrying out this subsection, the court may, in its sole 21
discretion and in compliance with the requirements of chapter 159A 22
of NRS, consider an application for the guardianship of the child. If 23
the court grants such an application, it may retain jurisdiction of the 24
case or transfer the case to another court of competent jurisdiction 25
[.] in accordance with section 27 of this act. 26
2. The court shall not deny placement of a child in the 27
temporary or permanent custody of a person pursuant to subsection 28
1 solely because the person: 29
(a) Is deaf, is blind or has another physical disability; or 30
(b) Is the holder of a valid registry identification card. 31
3. If, pursuant to subsection 1, a child is placed other than with 32
a parent: 33
(a) The parent retains the right to consent to adoption, to 34
determine the child’s religious affiliation and to reasonable 35
visitation, unless restricted by the court. If the custodian of the child 36
interferes with these rights, the parent may petition the court for 37
enforcement of the rights of the parent. 38
(b) The court shall set forth good cause why the child was 39
placed other than with a parent. 40
4. If, pursuant to subsection 1, the child is to be placed with a 41
relative or fictive kin, the court may consider, among other factors, 42
whether the child has resided with a particular relative or fictive kin 43
for 3 years or more before the incident which brought the child to 44
the court’s attention. 45
– 31 –
- *AB344*
5. Except as otherwise provided in this subsection, a copy of 1
the report prepared for the court by the agency which provides child 2
welfare services must be sent to the custodian and the parent or legal 3
guardian. If the child was delivered to a provider of emergency 4
services pursuant to NRS 432B.630: 5
(a) The parent who delivered the child to the provider shall be 6
deemed to have waived his or her right to a copy of the report; and 7
(b) A copy of the report must be sent to the parent who did not 8
deliver the child to the provider, if the location of such parent is 9
known. 10
6. In determining the placement of a child pursuant to this 11
section, if the child is not permitted to remain in the custody of the 12
parents of the child or guardian: 13
(a) It must be presumed to be in the best interests of the child to 14
be placed together with the siblings of the child. 15
(b) Preference must be given to placing the child in the 16
following order: 17
(1) With any person related within the fifth degree of 18
consanguinity to the child or a fictive kin, and who is suitable and 19
able to provide proper care and guidance for the child, regardless of 20
whether the relative or fictive kin resides within this State. 21
(2) In a foster home that is licensed pursuant to chapter 424 22
of NRS. 23
7. Any search for a relative with whom to place a child 24
pursuant to this section must be completed within 1 year after the 25
initial placement of the child outside of the home of the child. If a 26
child is placed with any person who resides outside of this State, the 27
placement must be in accordance with NRS 127.330. 28
8. Within 60 days after the removal of a child from the home of 29
the child, the court shall: 30
(a) Determine whether: 31
(1) The agency which provides child welfare services has 32
made the reasonable efforts required by paragraph (a) of subsection 33
1 of NRS 432B.393; or 34
(2) No such efforts are required in the particular case; and 35
(b) Prepare an explicit statement of the facts upon which its 36
determination is based. 37
9. As used in this section: 38
(a) “Blind” has the meaning ascribed to it in NRS 426.082. 39
(b) “Holder of a valid registry identification card” means a 40
person who holds a valid registry identification card as defined in 41
NRS 678C.080 that identifies the person as: 42
(1) Exempt from state prosecution for engaging in the 43
medical use of cannabis; or 44
– 32 –
- *AB344*
(2) A designated primary caregiver as defined in 1
NRS 678C.040. 2
Sec. 37. NRS 1.428 is hereby amended to read as follows: 3
1.428 “Judge” means: 4
1. A justice of the Supreme Court; 5
2. A judge of the Court of Appeals; 6
3. A judge of the district court; 7
4. A judge of the municipal court; 8
5. A justice of the peace; 9
6. Any other officer of the Judicial Branch of this State, 10
whether or not the officer is an attorney, who presides over judicial 11
proceedings, including, but not limited to, a magistrate, court 12
commissioner, special master , judicial officer appointed by a court 13
or referee; and 14
7. Any person who formerly served in any of the positions 15
described in subsections 1 to 6, inclusive, if the conduct at issue for 16
purposes of NRS 1.425 to 1.4695, inclusive, occurred while the 17
person was serving in such a position. 18
Sec. 38. Chapter 3 of NRS is hereby amended by adding 19
thereto a new section to read as follows: 20
“Judicial officer” means a person who is appointed by a court 21
to act as a judicial officer of the court. 22
Sec. 39. NRS 3.001 is hereby amended to read as follows: 23
3.001 As used in this chapter, unless the context otherwise 24
requires, the words and terms defined in NRS 3.002 to 3.008, 25
inclusive, and section 38 of this act have the meanings ascribed to 26
them in those sections. 27
Sec. 40. NRS 3.025 is hereby amended to read as follows: 28
3.025 1. In each judicial district that includes a county whose 29
population is 100,000 or more, the district judges of that judicial 30
district shall choose from among those district judges a Chief Judge 31
who is to be the presiding judge of the judicial district. 32
2. The Chief Judge shall: 33
(a) Assign cases to each judge in the judicial district; 34
(b) Prescribe the hours of court; 35
(c) Adopt such other rules as are necessary for the orderly 36
conduct of court business; and 37
(d) Perform all other duties of the Chief Judge or of a presiding 38
judge that are set forth in this chapter and any other provision of 39
NRS. 40
3. If a case involves a matter within the jurisdiction of the 41
family court and: 42
(a) The parties to the case are also the parties in any other 43
pending case or were the parties in any other previously decided 44
– 33 –
- *AB344*
case assigned to a department of the family court in the judicial 1
district; or 2
(b) A child involved in the case is also involved in any other 3
pending case or was involved in any other previously decided case 4
assigned to a department of the family court in the judicial district, 5
other than a case within the jurisdiction of the juvenile court 6
pursuant to title 5 of NRS, 7
the Chief Judge shall assign the case to the department of the 8
family court to which the other case is presently assigned or, if the 9
other case has been decided, to the department of the family court 10
that decided the other case, unless a different assignment is required 11
by another provision of NRS, a court rule or the Revised Nevada 12
Code of Judicial Conduct or the Chief Judge determines that a 13
different assignment is necessary because of considerations related 14
to the management of the caseload of the district judges within the 15
judicial district. If a case described in this subsection is heard 16
initially by a [master,] judicial officer, the recommendation, report 17
or order of the [master] judicial officer must be submitted to the 18
district judge of the department of the family court to which the case 19
has been assigned pursuant to this subsection for consideration and 20
decision by that district judge. 21
Sec. 41. NRS 3.026 is hereby amended to read as follows: 22
3.026 1. In each judicial district that includes a county whose 23
population is 100,000 or more, in addition to the other duties set 24
forth in NRS 3.025: 25
(a) The Chief Judge shall ensure that: 26
(1) The procedures which govern the consideration and 27
disposition of cases and other proceedings within the jurisdiction of 28
the district court are applied as uniformly as practicable; and 29
(2) Cases and other proceedings within the jurisdiction of the 30
district court are considered and decided in a timely manner. 31
(b) Except as otherwise provided in subsection 2, the Chief 32
Judge shall establish procedures for addressing grievances that are: 33
(1) Submitted to the Chief Judge by a party in a case or other 34
proceeding within the jurisdiction of the district court; and 35
(2) Directly related to the administration of the case or other 36
proceeding. 37
2. For the purposes of paragraph (b) of subsection 1, a party in 38
a case or other proceeding within the jurisdiction of the district court 39
may not submit to the Chief Judge a grievance that: 40
(a) Addresses, in whole or in part, the merits of the case or other 41
proceeding; or 42
(b) Challenges, in whole or in part, the merits of any decision or 43
ruling in the case or other proceeding that is made by: 44
(1) The district court; or 45
– 34 –
- *AB344*
(2) A master , judicial officer or other person who is acting 1
pursuant to an order of the district court or pursuant to any authority 2
that is granted to the master , judicial officer or other person by a 3
specific statute, including, without limitation, NRS 3.405, 3.475 and 4
3.500. 5
Sec. 42. NRS 3.2201 is hereby amended to read as follows: 6
3.2201 1. The district court has exclusive jurisdiction to 7
accept an application for, to consider an application for, and to issue 8
or deny the issuance of any of the following orders when the 9
adverse party against whom the order is sought is a child who is 10
under 18 years of age: 11
(a) A temporary or extended order for protection against 12
domestic violence pursuant to NRS 33.017 to 33.100, inclusive. 13
(b) A temporary or extended order for protection against 14
harassment in the workplace pursuant to NRS 33.200 to 33.360, 15
inclusive. 16
(c) An emergency or extended order for protection against high-17
risk behavior pursuant to NRS 33.500 to 33.670, inclusive. 18
(d) A temporary or extended order for protection against sexual 19
assault pursuant to NRS 200.378. 20
(e) A temporary or extended order for protection against 21
stalking, aggravated stalking or harassment pursuant to 22
NRS 200.591. 23
2. If the district court issues an order listed in subsection 1, the 24
order must be served upon: 25
(a) The child who is the adverse party; and 26
(b) The parent or guardian of the child. 27
3. The juvenile court has exclusive jurisdiction over any action 28
in which it is alleged that a child who is the adverse party in an 29
order listed in subsection 1 has committed a delinquent act by 30
violating a condition set forth in the order. 31
4. If the district court issues an order listed in subsection 1 and 32
the adverse party reaches the age of 18 years while the order is still 33
in effect, the order remains effective against the adverse party until 34
the order expires or is dissolved by the district court. 35
5. The district court shall automatically seal all records related 36
to the application for, consideration of and issuance of an order 37
listed in subsection 1 as provided in NRS 62H.140 upon the 38
dissolution or expiration of the order or when the adverse party 39
reaches the age of 18 years, whichever is earlier, unless, at such a 40
time, the order is still in effect, in which case the records must be 41
automatically sealed by the district court upon the expiration or 42
dissolution of the order. 43
6. A district court may appoint a [master] judicial officer to 44
conduct the proceedings described in this section. 45
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- *AB344*
7. An admission, representation or statement made during a 1
proceeding described in this section is not admissible in any 2
criminal proceeding. 3
8. A court may designate, by rule or order, a different title for 4
a judicial officer so long as the title does not include the term 5
“master.” 6
9. As used in this section, “criminal proceeding” means: 7
(a) A trial or hearing before a court in a prosecution of a person 8
charged with violating a criminal law of this State; or 9
(b) A delinquency proceeding which is conducted pursuant to 10
title 5 of NRS. 11
Sec. 43. NRS 3.405 is hereby amended to read as follows: 12
3.405 1. In an action to establish paternity, the court may 13
appoint a [master] judicial officer to take testimony and recommend 14
orders. 15
2. The court may appoint a [master] judicial officer to hear all 16
cases in a county to establish or enforce an obligation for the 17
support of a child, or to modify or adjust an order for the support of 18
a child pursuant to NRS 125B.145. 19
3. The [master] judicial officer must be an attorney licensed to 20
practice in this State. The [master:] judicial officer: 21
(a) Shall take testimony and establish a record; 22
(b) In complex cases shall issue temporary orders for support 23
pending resolution of the case; 24
(c) Shall make findings of fact, conclusions of law and 25
recommendations for the establishment and enforcement of an 26
order; 27
(d) May accept voluntary acknowledgments of paternity or 28
liability for support and stipulated agreements setting the amount of 29
support; 30
(e) May, subject to confirmation by the district court, enter 31
default orders against a responsible parent who does not respond to 32
a notice or service within the required time; and 33
(f) Has any other power or duty contained in the order of 34
reference issued by the court. 35
If a temporary order for support is issued pursuant to paragraph 36
(b), the [master] judicial officer shall order that the support be paid 37
to the Division of Welfare and Supportive Services of the 38
Department of Health and Human Services, its designated 39
representative or the district attorney, if the Division of Welfare and 40
Supportive Services or district attorney is involved in the case, or 41
otherwise to an appropriate party to the action, pending resolution of 42
the case. 43
4. The findings of fact, conclusions of law and 44
recommendations of the [master] judicial officer must be furnished 45
– 36 –
- *AB344*
to each party or the party’s attorney at the conclusion of the 1
proceeding or as soon thereafter as possible. Within 10 days after 2
receipt of the findings of fact, conclusions of law and 3
recommendations, either party may file with the court and serve 4
upon the other party written objections to the report. If no objection 5
is filed, the court shall accept the findings of fact, unless clearly 6
erroneous, and the judgment may be entered thereon. If an objection 7
is filed within the 10-day period, the court shall review the matter 8
upon notice and motion. 9
5. A court may designate, by rule or order, a different title for 10
a judicial officer so long as the title does not include the term 11
“master.” 12
Sec. 44. NRS 3.475 is hereby amended to read as follows: 13
3.475 1. In a county whose population is 700,000 or more, 14
the district court shall establish by rule approved by the Supreme 15
Court a program of mandatory mediation in cases that involve the 16
custody or visitation of a child. 17
2. The program must: 18
(a) Require the impartial mediation of the issues of custody and 19
visitation and authorize the impartial mediation of any other 20
nonfinancial issue deemed appropriate by the court. 21
(b) Authorize the court to exclude a case from the program for 22
good cause shown, including, but not limited to, a showing that: 23
(1) There is a history of child abuse or domestic violence by 24
one of the parties; 25
(2) The parties are currently participating in private 26
mediation; or 27
(3) One of the parties resides outside of the jurisdiction of the 28
court. 29
(c) Provide standards for the training of the mediators assigned 30
to cases, including, but not limited to: 31
(1) Minimum educational requirements, which must not be 32
restricted to any particular professional or educational training; 33
(2) Minimum requirements for training in the procedural 34
aspects of mediation and the interpersonal skills necessary to act as 35
a mediator; 36
(3) A minimum period of apprenticeship for persons who 37
have not previously acted as domestic mediators; 38
(4) Minimum requirements for continuing education; and 39
(5) Procedures to ensure that potential mediators understand 40
the high standard of ethics and confidentiality related to their 41
participation in the program. 42
(d) Prohibit the mediator from reporting to the court any 43
information about the mediation other than whether the dispute was 44
resolved. 45
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(e) Establish a sliding schedule of fees for participation in the 1
program based on the ability of a party to pay. 2
(f) Provide for the acceptance of gifts and grants offered in 3
support of the program. 4
(g) Allow the court to refer the parties to a private mediator. 5
3. The costs of the program must be paid from the county 6
general fund. All fees, gifts and grants collected pursuant to this 7
section must be deposited in the county general fund. 8
4. This section does not prohibit a court from referring a 9
financial or other issue to a special [master] judicial officer or other 10
person for assistance in resolving the dispute. 11
Sec. 45. NRS 3.500 is hereby amended to read as follows: 12
3.500 1. In a county whose population is 100,000 or more 13
and less than 700,000, the district court shall establish by rule 14
approved by the Supreme Court a program of mandatory mediation 15
in cases which involve the custody or visitation of a child. A district 16
court in a county whose population is less than 100,000 may 17
establish such a program in the same manner for use in that county. 18
The district courts in two or more counties whose populations are 19
less than 100,000 may establish such a program in the same manner 20
for use in the counties in which the courts are located. 21
2. The program must: 22
(a) Require the impartial mediation of the issues of custody and 23
visitation and any other nonfinancial issue deemed appropriate by 24
the court. 25
(b) Allow the court to exclude a case from the program for good 26
cause shown, including a showing of a history of child abuse or 27
domestic violence by one of the parties, ongoing private mediation 28
or residency of one of the parties out of the jurisdiction of the court. 29
(c) Provide standards for the training of the mediators assigned 30
to cases pursuant to the rule, including but not limited to: 31
(1) Minimum educational requirements, which may not be 32
restricted to any particular professional or educational training; 33
(2) Minimum requirements for training in the procedural 34
aspects of mediation and the interpersonal skills necessary to act as 35
a mediator; 36
(3) A minimum period of apprenticeship for persons who 37
have not previously acted as domestic mediators; 38
(4) Minimum requirements for continuing education; and 39
(5) Procedures to ensure that potential mediators understand 40
the high standard of ethics and confidentiality related to their 41
participation in the program. 42
(d) Prohibit the mediator from reporting to the court any 43
information about the mediation other than whether the mediation 44
was successful or not. 45
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(e) Establish a sliding schedule of fees for participation in the 1
program based on the client’s ability to pay. 2
(f) Provide for the acceptance of gifts and grants offered in 3
support of the program. 4
(g) Allow the court to refer the parties to a private mediator for 5
assistance in resolving the issues. 6
3. The costs of the program must be paid from the account for 7
dispute resolution in the county general fund. All fees, gifts and 8
grants collected pursuant to this section must be deposited in the 9
account. 10
4. This section does not prohibit a court from referring a 11
financial or other issue to a special [master] judicial officer or other 12
person for assistance in resolving the dispute. 13
Sec. 46. NRS 4.357 is hereby amended to read as follows: 14
4.357 1. In any county in which the appointment of [masters] 15
judicial officers by a justice court is authorized by the board of 16
county commissioners, the local rules of practice adopted in a 17
justice court within the county may authorize the appointment of 18
one or more [masters] judicial officers to perform certain duties that 19
the Supreme Court has approved. If the justice court elects to 20
appoint a [master or masters,] judicial officer, the local rules of 21
practice adopted in that court must set forth the selection process for 22
choosing a [master.] judicial officer. 23
2. A [master] judicial officer appointed pursuant to subsection 24
1 must possess qualifications that are equal to or greater than the 25
qualifications required of the justice of the peace for the township in 26
which the [master] judicial officer is appointed as set forth in 27
NRS 4.010. 28
3. The Supreme Court shall provide by rule for a course of 29
instruction in the elements of substantive law relating to the duties 30
of any [master] judicial officer appointed pursuant to subsection 1. 31
A [master] judicial officer appointed pursuant to subsection 1 may 32
not perform any duties of a [master] judicial officer appointed by 33
the court until he or she has completed the course of instruction 34
described in this subsection. 35
4. A [master] judicial officer appointed pursuant to subsection 36
1 may not preside over: 37
(a) Any trial for a misdemeanor constituting: 38
(1) An act of domestic violence pursuant to NRS 33.018; or 39
(2) A violation of NRS 484B.657, 484C.110 or 484C.120; or 40
(b) Any preliminary hearing for a gross misdemeanor or felony. 41
5. A person appointed as a [master] judicial officer must take 42
and subscribe to the official oath before acting as a [master.] 43
judicial officer. 44
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6. A [master] judicial officer appointed by the court is entitled 1
to receive a salary or a per diem salary set by the board of county 2
commissioners. The annual sum expended for salaries of [masters] 3
such judicial officers must not exceed the amount budgeted for 4
those expenses by the board of county commissioners. 5
7. A justice court may, by local rule or order, designate 6
another title for a judicial officer appointed pursuant to this 7
section so long as the title does not include the term “master.” 8
Sec. 47. NRS 5.0245 is hereby amended to read as follows: 9
5.0245 1. A municipal court may appoint a referee or 10
[hearing master] judicial officer to take testimony and recommend 11
orders and a judgment in any action to determine whether a person 12
has committed a civil infraction punishable pursuant to NRS 13
484A.703 to 484A.705, inclusive. 14
2. The referee or [hearing master:] judicial officer: 15
(a) Shall take testimony; 16
(b) Shall make findings of fact, conclusions of law and 17
recommendations for an order or judgment; 18
(c) May, subject to confirmation by the court, enter an order or 19
judgment; and 20
(d) Has any other power or duty contained in the order of 21
reference issued by the court. 22
3. The findings of fact, conclusions of law and 23
recommendations of the referee or [hearing master] judicial officer 24
must be furnished to each party or his or her attorney at the 25
conclusion of the proceeding or as soon thereafter as possible. 26
Within 5 days after receipt of the findings of fact, conclusions of 27
law and recommendations, a party may file a written objection. If no 28
objection is filed, the court shall accept the findings, unless clearly 29
erroneous, and the judgment may be entered thereon. If an objection 30
is filed within the 5-day period, the court shall review the matter by 31
trial de novo, except that if all of the parties so stipulate, the review 32
must be confined to the record. 33
4. A municipal court may, by local rule or order, designate a 34
different title for a judicial officer appointed pursuant to this 35
section so long as the title does not include the term “master.” 36
Sec. 48. NRS 33.019 is hereby amended to read as follows: 37
33.019 1. [In] Except as otherwise provided in subsection 4, 38
in an action to issue, dissolve, convert, modify, register or enforce a 39
temporary or extended order pursuant to NRS 33.017 to 33.100, 40
inclusive, the court may appoint [a] : 41
(a) A master to take testimony and recommend orders [.] if the 42
temporary or extended order was sought by a person who is at 43
least 18 years of age; or 44
– 40 –
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(b) A judicial officer to take testimony and recommend orders, 1
if the temporary or extended order was sought by a person who is 2
less than 18 years of age. 3
2. The master or judicial officer must be an attorney licensed 4
to practice in this State. 5
3. The master or judicial officer shall: 6
(a) Take testimony and establish a record; and 7
(b) Make findings of fact, conclusions of law and 8
recommendations concerning a temporary or extended order. 9
4. A court may, by local rule or order, designate a different 10
title for a judicial officer appointed pursuant to paragraph (b) of 11
subsection 1 so long as the title does not include the term 12
“master.” 13
Sec. 49. NRS 49.295 is hereby amended to read as follows: 14
49.295 1. Except as otherwise provided in subsections 2 and 15
3 and NRS 49.305: 16
(a) A married person cannot be examined as a witness for or 17
against his or her spouse without his or her consent. 18
(b) No spouse can be examined, during the marriage or 19
afterwards, without the consent of the other spouse, as to any 20
communication made by one to the other during marriage. 21
2. The provisions of subsection 1 do not apply to a: 22
(a) Civil proceeding brought by or on behalf of one spouse 23
against the other spouse; 24
(b) Proceeding to commit or otherwise place a spouse, the 25
property of the spouse or both the spouse and the property of the 26
spouse under the control of another because of the alleged mental or 27
physical condition of the spouse; 28
(c) Proceeding brought by or on behalf of a spouse to establish 29
his or her competence; 30
(d) Proceeding in the juvenile court or family court pursuant to 31
title 5 of NRS or NRS 432B.410 to 432B.590, inclusive [;] , and 32
section 27 of this act; or 33
(e) Criminal proceeding in which one spouse is charged with: 34
(1) A crime against the person or the property of the other 35
spouse or of a child of either, or of a child in the custody or control 36
of either, whether the crime was committed before or during 37
marriage. 38
(2) Bigamy or incest. 39
(3) A crime related to abandonment of a child or nonsupport 40
of the other spouse or child. 41
3. The provisions of subsection 1 do not apply in any criminal 42
proceeding to events which took place before the spouses were 43
married. 44
– 41 –
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Sec. 50. NRS 50.175 is hereby amended to read as follows: 1
50.175 Every person who has been, in good faith, served with a 2
subpoena to attend as a witness before a court, judge, commissioner, 3
master [.] , judicial officer appointed by a court or other person, in 4
a case where the disobedience of the witness may be punished as a 5
contempt, is exonerated from arrest in a civil action while going to 6
the place of attendance, necessarily remaining there, and returning 7
therefrom. 8
Sec. 51. NRS 50.225 is hereby amended to read as follows: 9
50.225 1. For attending the courts of this State in any 10
criminal case, civil suit, hearing to contest the determination that a 11
person has committed a civil infraction or proceeding before a court 12
of record, master, judicial officer appointed by a court, 13
commissioner, justice of the peace, or before the grand jury, in 14
obedience to a subpoena, each witness is entitled: 15
(a) To be paid a fee of $25 for each day’s attendance, including 16
Sundays and holidays. 17
(b) Except as otherwise provided in this paragraph, to be paid 18
for attending a court of the county in which the witness resides at 19
the standard mileage reimbursement rate for which a deduction is 20
allowed for the purposes of federal income tax for each mile 21
necessarily and actually traveled from and returning to the place of 22
residence by the shortest and most practical route. A board of 23
county commissioners may provide that, for each mile so traveled to 24
attend a court of the county in which the witness resides, each 25
witness is entitled to be paid an amount equal to the allowance for 26
travel by private conveyance established by the State Board of 27
Examiners for state officers and employees generally. If the board of 28
county commissioners so provides, each witness at any other 29
hearing or proceeding held in that county who is entitled to receive 30
the payment for mileage specified in this paragraph must be paid 31
mileage in an amount equal to the allowance for travel by private 32
conveyance established by the State Board of Examiners for state 33
officers and employees generally. 34
2. In addition to the fee and payment for mileage specified in 35
subsection 1, a board of county commissioners may provide that, for 36
each day of attendance in a court of the county in which the witness 37
resides, each witness is entitled to be paid the per diem allowance 38
provided for state officers and employees generally. If the board of 39
county commissioners so provides, each witness at any other 40
hearing or proceeding held in that county who is a resident of that 41
county and who is entitled to receive the fee specified in paragraph 42
(a) of subsection 1 must be paid, in addition to that fee, the per diem 43
allowance provided for state officers and employees generally. 44
– 42 –
- *AB344*
3. If a witness is from without the county or, being a resident 1
of another state, voluntarily appears as a witness at the request of the 2
Attorney General or the district attorney and the board of county 3
commissioners of the county in which the court is held, the witness 4
is entitled to reimbursement for the actual and necessary expenses 5
for going to and returning from the place where the court is held. 6
The witness is also entitled to receive the same per diem allowance 7
provided for state officers and employees generally. 8
4. Any person in attendance at a trial or hearing to contest the 9
determination that a person has committed a civil infraction who is 10
sworn as a witness is entitled to the fees, the per diem allowance, if 11
any, travel expenses and any other reimbursement set forth in this 12
section, irrespective of the service of a subpoena. 13
5. Witness fees, per diem allowances, travel expenses and other 14
reimbursement in civil cases, including, without limitation, a 15
hearing to contest the determination that a person has committed a 16
civil infraction, must be taxed as disbursement costs against the 17
defeated party upon proof by affidavit that they have been actually 18
incurred. Costs must not be allowed for more than two witnesses to 19
the same fact or series of facts, and a party plaintiff or defendant 20
must not be allowed any fees, per diem allowance, travel expenses 21
or other reimbursement for attendance as a witness in his or her own 22
behalf. Witness fees, per diem allowances, travel expenses and other 23
reimbursement must not be taxed against a county or incorporated 24
city after a hearing to contest the determination that a person has 25
committed a civil infraction unless the court determines, after a 26
hearing, that the civil infraction citation was issued maliciously and 27
without probable cause. 28
6. A person is not obligated to appear in a civil action, hearing 29
to contest the determination that a person has committed a civil 30
infraction or other proceeding unless the person has been paid an 31
amount equal to 1 day’s fees, the per diem allowance provided by 32
the board of county commissioners pursuant to subsection 2, if any, 33
and the travel expenses reimbursable pursuant to this section. 34
Sec. 52. NRS 62A.180 is hereby amended to read as follows: 35
62A.180 1. “Juvenile court” means each district judge who is 36
assigned to serve as a judge of the juvenile court pursuant to NRS 37
62B.010 or court rule. 38
2. The term includes a [master] juvenile judicial officer who is 39
performing an act on behalf of the juvenile court if: 40
(a) The juvenile court delegates authority to the [master] 41
juvenile judicial officer to perform the act in accordance with the 42
Constitution of the State of Nevada; and 43
– 43 –
- *AB344*
(b) The [master] juvenile judicial officer performs the act 1
within the limits of the authority delegated to the [master.] juvenile 2
judicial officer. 3
Sec. 53. NRS 62A.210 is hereby amended to read as follows: 4
62A.210 [“Master of the juvenile court”] “Juvenile judicial 5
officer” means a person who is appointed to act as a [master] 6
judicial officer of the juvenile court pursuant to NRS 62B.020. 7
Sec. 54. NRS 62B.020 is hereby amended to read as follows: 8
62B.020 1. Except as otherwise provided in this section, the 9
juvenile court or the chief judge of the judicial district may appoint 10
any person to act as a [master of the] juvenile [court] judicial officer 11
if the person is qualified by previous experience, training and 12
demonstrated interest in the welfare of children to act as a [master of 13
the] juvenile [court.] judicial officer. 14
2. A probation officer shall not act as a [master of the] juvenile 15
[court] judicial officer unless the proceeding concerns: 16
(a) A minor traffic offense; 17
(b) An offense related to tobacco; or 18
(c) A child who is alleged to be a habitual truant. 19
3. If a person is appointed to act as a [master of the] juvenile 20
[court,] judicial officer, the person shall attend instruction at the 21
National Council of Juvenile and Family Court Judges in Reno, 22
Nevada, in a course designed for the training of new judges of the 23
juvenile court on the first occasion when such instruction is offered 24
after the person is appointed. 25
4. If, for any reason, a [master of the] juvenile [court] judicial 26
officer is unable to act, the juvenile court or the chief judge of the 27
judicial district may appoint another qualified person to act 28
temporarily as a [master of the] juvenile [court] judicial officer 29
during the period that the [master] juvenile judicial officer who is 30
regularly appointed is unable to act. 31
5. The compensation of a [master of the] juvenile [court:] 32
judicial officer: 33
(a) May not be taxed against the parties. 34
(b) Must be paid out of appropriations made for the expenses of 35
the district court, if the compensation is fixed by the juvenile court. 36
6. A juvenile court or the chief judge of a judicial district may 37
designate, by rule or order, a different title for a juvenile judicial 38
officer appointed by the juvenile court or chief judge so long as 39
the title does not include the term “master.” 40
Sec. 55. NRS 62B.030 is hereby amended to read as follows: 41
62B.030 1. The juvenile court may order a [master of the] 42
juvenile [court] judicial officer to: 43
(a) Swear witnesses. 44
(b) Take evidence. 45
– 44 –
- *AB344*
(c) Make findings of fact and recommendations. 1
(d) Conduct all proceedings before the [master of the] juvenile 2
[court] judicial officer in the same manner as a district judge 3
conducts proceedings in a district court. 4
2. Not later than 10 days after the evidence before a [master of 5
the] juvenile [court] judicial officer is closed, the [master] juvenile 6
judicial officer shall file with the juvenile court: 7
(a) All papers relating to the case; 8
(b) Written findings of fact; and 9
(c) Written recommendations. 10
3. A [master of the] juvenile [court] judicial officer shall 11
provide to the parent or guardian of the child, the attorney for the 12
child, the district attorney, and any other person concerned, written 13
notice of: 14
(a) The [master’s] findings of fact [;] of the juvenile judicial 15
officer; 16
(b) The [master’s] recommendations [;] of the juvenile judicial 17
officer; 18
(c) The right to object to the [master’s] recommendations [;] of 19
the juvenile judicial officer; and 20
(d) The right to request a hearing de novo before the juvenile 21
court as provided in subsection 4. 22
4. After reviewing the recommendations of a [master of the] 23
juvenile [court] judicial officer and any objection to the [master’s] 24
recommendations [,] of the juvenile judicial officer, the juvenile 25
court shall: 26
(a) Approve the [master’s] recommendations [,] of the juvenile 27
judicial officer, in whole or in part, and order the recommended 28
disposition; 29
(b) Reject the [master’s] recommendations [,] of the juvenile 30
judicial officer, in whole or in part, and order such relief as may be 31
appropriate; or 32
(c) Direct a hearing de novo before the juvenile court if, not later 33
than 5 days after the [master] juvenile judicial officer provides 34
notice of the [master’s] recommendations [,] of the juvenile judicial 35
officer, a person who is entitled to such notice files with the juvenile 36
court a request for a hearing de novo before the juvenile court. 37
5. A recommendation of a [master of the] juvenile [court] 38
judicial officer is not effective until expressly approved by the 39
juvenile court as evidenced by the signature of a judge of the 40
juvenile court. 41
Sec. 56. NRS 62B.100 is hereby amended to read as follows: 42
62B.100 1. All expenses incurred in complying with the 43
provisions of this title are a charge against the county, except for 44
– 45 –
- *AB344*
expenses that must be paid by the State of Nevada pursuant to the 1
provisions of chapter 63 of NRS or a specific statute. 2
2. Except as otherwise provided in subsection 3, within the 3
limits provided by the board of county commissioners, the juvenile 4
court shall fix the salaries, expenses and other compensation of 5
[masters of the] juvenile [court,] judicial officers, probation officers 6
and all employees of the juvenile court. 7
3. If the board of county commissioners has established a 8
department of juvenile justice services by ordinance pursuant to 9
NRS 62G.200 to 62G.240, inclusive, the board of county 10
commissioners shall fix the salaries, expenses and other 11
compensation of probation officers, assistant probation officers and 12
all employees of the department of juvenile justice services. 13
Sec. 57. NRS 62B.607 is hereby amended to read as follows: 14
62B.607 1. Any person who, during the scope of his or her 15
employment, has regular and routine contact with juveniles who are 16
involved in the juvenile justice system in this State, including, 17
without limitation, any prosecuting attorney, public defender, peace 18
officer, probation officer, juvenile correctional officer, employee of 19
a state or local facility for the detention of children, employee of a 20
regional facility for the treatment and rehabilitation of children or 21
employee of a prosecuting attorney’s office or public defender’s 22
office, shall complete, in addition to any other required training, 23
training relating to implicit bias and cultural competency provided 24
by his or her employer pursuant to the regulations adopted pursuant 25
to subsection 3. Unless the regulations adopted by the Division of 26
Child and Family Services pursuant to subsection 3 provide 27
otherwise, such training relating to implicit bias and cultural 28
competency must be completed at least once every 2 years. 29
2. The training required by subsection 1 must include, without 30
limitation, instruction that: 31
(a) Explains what implicit bias is, where implicit bias comes 32
from, the importance of understanding implicit bias and the negative 33
impacts of implicit bias, and offers examples of actions that can be 34
taken to reduce implicit bias; 35
(b) Provides information regarding cultural competency, 36
including, without limitation, sensitivity to the needs of children, 37
lesbian, gay, bisexual and transgender persons, racial and ethnic 38
minorities, religious minorities and women; and 39
(c) Provides information regarding: 40
(1) Socioeconomic conditions in various areas in this State; 41
(2) Historical inequities in the juvenile justice and criminal 42
justice systems; and 43
(3) The impact of trauma and adverse child experiences on 44
the decision making and behaviors of children. 45
– 46 –
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3. The Division of Child and Family Services shall adopt 1
regulations to carry out the provisions of this section. When 2
adopting such regulations, the Division of Child and Family 3
Services may consult with any person whose assistance the Division 4
of Child and Family Services determines will be helpful. 5
4. The Nevada Supreme Court may provide by court rule for 6
continuing appropriate training concerning implicit bias and cultural 7
competency, incorporating the elements identified in subsection 2, 8
for any magistrate, judge, [master] judicial officer appointed by the 9
court or employee in the juvenile court system who regularly and 10
routinely comes into contact with juveniles who are involved in the 11
juvenile justice system. 12
5. As used in this section, “cultural competency” means an 13
understanding of how people and institutions can respond 14
respectfully and effectively to people of all cultures, economic 15
statuses, language backgrounds, races, ethnic backgrounds, 16
disabilities, religions, genders, gender identities or expressions, 17
sexual orientations, veteran statuses and other characteristics in a 18
manner that recognizes, affirms and values the worth and preserves 19
the dignity of people, families and communities. 20
Sec. 58. NRS 62F.350 is hereby amended to read as follows: 21
62F.350 1. The juvenile court may not refer to a [master] 22
juvenile judicial officer any finding, determination or other act 23
required to be made or performed by the juvenile court pursuant to 24
NRS 62F.320 and 62F.340. 25
2. As used in this section, [“master”] “juvenile judicial 26
officer” has the meaning ascribed to it in [Rule 53 of the Nevada 27
Rules of Civil Procedure.] NRS 62A.210. 28
Sec. 59. NRS 125B.200 is hereby amended to read as follows: 29
125B.200 As used in NRS 125B.200 to 125B.300, inclusive, 30
unless the context otherwise requires: 31
1. “Court” includes a referee or [master] judicial officer 32
appointed by the court. 33
2. “Minor child” means a person who is: 34
(a) Under the age of 18 years; 35
(b) Under the age of 19 years, if the person is enrolled in high 36
school; 37
(c) Under a legal disability; or 38
(d) Not declared emancipated pursuant to NRS 129.080 to 39
129.140, inclusive. 40
3. “Obligor-parent” means a parent who has been ordered by a 41
court to pay for the support of a minor child. 42
Sec. 60. NRS 126.111 is hereby amended to read as follows: 43
126.111 1. The court shall endeavor to resolve the issues 44
raised in an action pursuant to this chapter by an informal hearing. 45
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2. As soon as practicable after an action to declare the 1
existence or nonexistence of the father and child relationship has 2
been brought, an informal hearing must be held. The court may 3
order that the hearing be held before a [master] judicial officer 4
appointed by the court or referee. The public shall be barred from 5
the hearing. A record of the proceeding or any portion thereof must 6
be kept if any party requests or the court orders. Strict rules of 7
evidence need not be observed, but those prescribed in NRS 8
233B.123 apply. 9
3. Upon refusal of any witness, including a party, to testify 10
under oath or produce evidence, the court may order the witness to 11
testify under oath and produce evidence concerning all relevant 12
facts. If the refusal is upon the ground that the witness’s testimony 13
or evidence might tend to incriminate the witness, the court may 14
grant the witness immunity from prosecution for all criminal 15
offenses shown in whole or in part by testimony or evidence the 16
witness is required to produce, except for perjury committed in his 17
or her testimony. The refusal of a witness who has been granted 18
immunity to obey an order to testify or produce evidence is a civil 19
contempt of the court. 20
4. Testimony of a physician concerning the medical 21
circumstances of the pregnancy and the condition and characteristics 22
of the child upon birth is not privileged. 23
Sec. 61. NRS 126.121 is hereby amended to read as follows: 24
126.121 1. The court may, and shall upon the motion of a 25
party, order the mother, child, alleged father or any other person so 26
involved to submit to one or more tests for the typing of blood or 27
taking of specimens for genetic identification to be made by a 28
designated person, by qualified physicians or by other qualified 29
persons, under such restrictions and directions as the court or judge 30
deems proper. Whenever such a test is ordered and made, the results 31
of the test must be received in evidence and must be made available 32
to a judge, [master] judicial officer appointed by the court or 33
referee conducting a hearing pursuant to NRS 126.111. The results 34
of the test and any sample or specimen taken may be used only for 35
the purposes specified in this chapter. Unless a party files a written 36
objection to the result of a test at least 30 days before the hearing at 37
which the result is to be received in evidence, the result is 38
admissible as evidence of paternity without foundational testimony 39
or other proof of authenticity or accuracy. The order for such a test 40
also may direct that the testimony of the experts and of the persons 41
so examined may be taken by deposition or written interrogatories. 42
2. If any party refuses to submit to or fails to appear for a test 43
ordered pursuant to subsection 1, the court may presume that the 44
result of the test would be adverse to the interests of that party or 45
– 48 –
- *AB344*
may enforce its order if the rights of others and the interests of 1
justice so require. 2
3. The court, upon reasonable request by a party, shall order 3
that independent tests for determining paternity be performed by 4
other experts or qualified laboratories. 5
4. In all cases, the court shall determine the number and 6
qualifications of the experts and laboratories. 7
5. As used in this section: 8
(a) “Designated person” means a person who is: 9
(1) Properly trained to take samples or specimens for tests 10
for the typing of blood and genetic identification; and 11
(2) Designated by an enforcing authority to take such 12
samples or specimens. 13
(b) “Enforcing authority” means the Division of Welfare and 14
Supportive Services of the Department of Health and Human 15
Services, its designated representative, a district attorney or the 16
Attorney General when acting pursuant to NRS 425.380. 17
Sec. 62. NRS 126.141 is hereby amended to read as follows: 18
126.141 1. On the basis of the information produced at the 19
pretrial hearing, the judge, [master] judicial officer appointed by a 20
court or referee conducting the hearing shall evaluate the probability 21
of determining the existence or nonexistence of the father and child 22
relationship in a trial and whether a judicial declaration of the 23
relationship would be in the best interest of the child. On the basis 24
of the evaluation, an appropriate recommendation for settlement 25
must be made to the parties, which may include any of the 26
following: 27
(a) That the action be dismissed with or without prejudice. 28
(b) That the matter be compromised by an agreement among the 29
alleged father, the mother and the child, in which the father and 30
child relationship is not determined but in which a defined economic 31
obligation, fully secured by payment or otherwise, is undertaken by 32
the alleged father in favor of the child and, if appropriate, in favor of 33
the mother, subject to approval by the judge, [master] judicial 34
officer or referee conducting the hearing. In reviewing the 35
obligation undertaken by the alleged father in a compromise 36
agreement, the judge, [master] judicial officer or referee conducting 37
the hearing shall consider the best interest of the child, discounted 38
by the improbability, as it appears to him or her, of establishing the 39
alleged father’s paternity or nonpaternity of the child in a trial of the 40
action. In the best interest of the child, the court may order that 41
the alleged father’s identity be kept confidential. In that case, the 42
court may designate a person or agency to receive from the alleged 43
father and disburse on behalf of the child all amounts paid by the 44
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alleged father in fulfillment of obligations imposed on the alleged 1
father. 2
(c) That the alleged father voluntarily acknowledge his paternity 3
of the child. 4
2. If the parties accept a recommendation made in accordance 5
with subsection 1, judgment may be entered accordingly. 6
3. If a party refuses to accept a recommendation made under 7
subsection 1 and blood tests or tests for genetic identification have 8
not been taken, the court shall require the parties to submit to blood 9
tests or tests for genetic identification, if practicable. Thereafter the 10
judge, [master] judicial officer or referee shall make an appropriate 11
final recommendation. If a party refuses to accept the final 12
recommendation, the action must be set for trial. 13
4. The guardian ad litem may accept or refuse to accept a 14
recommendation under this section. 15
5. The pretrial hearing may be terminated and the action set for 16
trial if the judge, [master] judicial officer or referee conducting the 17
hearing finds unlikely that all parties would accept a 18
recommendation he or she might make under subsection 1 or 3. 19
Sec. 63. NRS 126.143 is hereby amended to read as follows: 20
126.143 After an action is set for trial pursuant to NRS 21
126.141, the judge, [master] judicial officer appointed by a court or 22
referee shall, upon the motion of a party, issue an order providing 23
for the temporary support of the child pending the resolution of the 24
trial if the judge, [master] judicial officer or referee determines that 25
there is clear and convincing evidence that the party against whom 26
the order is issued is the father of the child. 27
Sec. 64. NRS 128.100 is hereby amended to read as follows: 28
128.100 1. Except as otherwise provided in subsection 2, in 29
any proceeding for terminating parental rights, or any rehearing or 30
appeal thereon, or any proceeding for restoring parental rights, the 31
court may appoint an attorney to represent the child as his or her 32
counsel. The child may be represented by an attorney at all stages of 33
any proceedings for terminating parental rights. If the child is 34
represented by an attorney, the attorney has the same authority and 35
rights as an attorney representing a party to the proceedings. 36
2. In any proceeding for the termination of parental rights to a 37
child who has been placed outside of his or her home pursuant to 38
chapter 432B of NRS, or any rehearing or appeal thereon, or any 39
proceeding for restoring parental rights to such a child, the court 40
shall appoint an attorney to represent the child as his or her counsel. 41
The child shall be deemed to be a party to any proceeding described 42
in this section and must be represented by an attorney at all stages of 43
such proceedings. The attorney representing the child has the same 44
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- *AB344*
authority and rights as an attorney representing any other party to 1
the proceedings. 2
3. If the parent or parents of the child desire to be represented 3
by counsel, but are indigent, the court may appoint an attorney for 4
them. 5
4. Each attorney appointed under the provisions of this section 6
is entitled to the same compensation and expenses [from the county 7
as provided in NRS 7.125 and 7.135] for all time reasonably spent 8
on the proceedings and payment for all expenses reasonably 9
incurred from the proceedings, including, without limitation, time 10
spent and expenses incurred for preparation, hearings and 11
meetings. Such compensation must be paid at a rate not less than 12
the lowest rate paid to attorneys appointed to represent persons 13
charged with [crimes.] a felony in the same jurisdiction. 14
5. For the purposes of this section, a person shall be deemed 15
indigent if: 16
(a) The person has a household income that is less than 200 17
percent of the federally designated level signifying poverty; 18
(b) The person is receiving federal assistance through federal 19
programs, including, without limitation, Medicaid, Temporary 20
Assistance for Needy Families, Supplemental Nutrition Assistance 21
or disability insurance benefits under the federal Social Security 22
Act; 23
(c) The person resides in public housing; or 24
(d) Hiring counsel would pose a financial hardship to the 25
person or his or her child or hinder the ability of the person to 26
obtain services to facilitate reunification with his or her child. 27
6. As used in this section: 28
(a) “Public housing” has the meaning ascribed to it in 29
NRS 315.021. 30
(b) “Supplemental Nutrition Assistance” means the program 31
established to provide persons of low income with an opportunity 32
to purchase a more nutritious diet pursuant to the Food Stamp Act 33
of 1977, 7 U.S.C. §§ 2011 et seq., as amended. 34
(c) “Temporary Assistance for Needy Families” means the 35
program established to provide temporary assistance for needy 36
families pursuant to Title IV of the Social Security Act, 42 U.S.C. 37
§§ 601 et seq., and other provisions of that act relating to 38
temporary assistance for needy families. 39
Sec. 65. NRS 129.080 is hereby amended to read as follows: 40
129.080 Any minor who is at least 16 years of age, who is 41
married or living apart from his or her parents or legal guardian, and 42
who is a resident of the county, may petition the juvenile court of 43
that county for a decree of emancipation. The district court may 44
– 51 –
- *AB344*
refer the petition to a [master] judicial officer appointed pursuant to 1
title 5 of NRS or chapter 432B of NRS. 2
Sec. 66. NRS 130.102 is hereby amended to read as follows: 3
130.102 1. The district court and, within the limitations of 4
authority granted pursuant to NRS 3.405, 125.005 or 425.381 to 5
425.3852, inclusive, a [master] judicial officer or referee appointed 6
pursuant to any of those sections, are the tribunals of this State. 7
2. The support enforcement agency of this State may include, 8
without limitation, a court, a district attorney, a law enforcement 9
agency or the Division of Welfare and Supportive Services of the 10
Department of Health and Human Services. 11
Sec. 67. Chapter 159A of NRS is hereby amended by adding 12
thereto a new section to read as follows: 13
“Judicial officer” means a person who is appointed to act as a 14
judicial officer of the court. 15
Sec. 68. NRS 159A.013 is hereby amended to read as follows: 16
159A.013 As used in this chapter, unless the context otherwise 17
requires, the words and terms defined in NRS 159A.014 to 18
159A.0265, inclusive, and section 67 of this act have the meanings 19
ascribed to them in those sections. 20
Sec. 69. NRS 159A.061 is hereby amended to read as follows: 21
159A.061 1. The parents of a proposed protected minor, or 22
either parent, if qualified and suitable, are preferred over all others 23
for appointment as guardian for the person or estate or person and 24
estate of the proposed protected minor. The appointment of a parent 25
as guardian for the person or estate of a proposed protected minor 26
must not conflict with a valid order for custody of the proposed 27
protected minor. 28
2. Except as otherwise provided in subsection 4, if a parent of a 29
proposed protected minor files a petition seeking appointment as 30
guardian for the proposed protected minor, the parent is presumed to 31
be suitable to serve as guardian for the proposed protected minor. 32
3. In determining whether the parents of a proposed protected 33
minor, or either parent, or any other person who seeks appointment 34
as guardian for the proposed protected minor is qualified and 35
suitable, the court shall consider, if applicable and without 36
limitation: 37
(a) Which parent has physical custody of the proposed protected 38
minor; 39
(b) The ability of the parents, parent or other person to provide 40
for the basic needs of the proposed protected minor, including, 41
without limitation, food, shelter, clothing and medical care, taking 42
into consideration any special needs of the proposed protected 43
minor; 44
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- *AB344*
(c) Whether the parents, parent or other person has engaged in 1
the habitual use of alcohol or any controlled substance during the 2
previous 6 months, except the use of cannabis in accordance with 3
the provisions of chapter 678C of NRS; 4
(d) Whether the parents, parent or other person has been 5
convicted of a crime of moral turpitude, a crime involving domestic 6
violence or a crime involving the abuse, neglect, exploitation, 7
isolation or abandonment of a child, his or her spouse, his or her 8
parent or any other adult; 9
(e) Whether the parents, parent or other person has been 10
convicted in this State or any other jurisdiction of a felony; and 11
(f) Whether the parents, parent or other person has engaged in 12
one or more acts of domestic violence against the proposed 13
protected minor, a parent of the proposed protected minor or any 14
other person who resides with the proposed protected minor. 15
4. A parent of a proposed protected minor is presumed to be 16
unsuitable to care for the proposed protected minor if: 17
(a) The parent is unable to provide for any or all of the basic 18
needs of the proposed protected minor, including, without 19
limitation: 20
(1) Food; 21
(2) Shelter; 22
(3) Clothing; 23
(4) Medical care; and 24
(5) Education; 25
(b) Because of action or inaction, the parent poses a significant 26
safety risk of either physical or emotional danger to the proposed 27
protected minor; or 28
(c) The proposed protected minor has not been in the care, 29
custody and control of the parent for the 6 months immediately 30
preceding the filing of the petition. The presumption created by this 31
paragraph is a rebuttable presumption. 32
5. Subject to the preference set forth in subsection 1 and except 33
as otherwise provided in subsection 7, the court shall appoint as 34
guardian the qualified person who is most suitable and is willing to 35
serve. 36
6. In determining which qualified person is most suitable, the 37
court shall, in addition to considering any applicable factors set forth 38
in subsections 2, 3 and 4, give consideration, among other factors, 39
to: 40
(a) Any nomination of a guardian for the proposed protected 41
minor contained in a will or other written instrument executed by a 42
parent of the proposed protected minor. 43
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- *AB344*
(b) Any request made by the proposed protected minor, if he or 1
she is 14 years of age or older, for the appointment of a person as 2
guardian for the proposed protected minor. 3
(c) The relationship by blood or adoption of the proposed 4
guardian to the proposed protected minor. In considering 5
preferences of appointment, the court may consider relatives of the 6
half blood equally with those of the whole blood. The court may 7
consider relatives in the following order of preference: 8
(1) Parent. 9
(2) Adult sibling. 10
(3) Grandparent. 11
(4) Uncle or aunt. 12
(d) Any recommendation made by a [master of the court] 13
judicial officer or special [master] judicial officer pursuant to 14
NRS 159A.0615. 15
(e) Any recommendation made by: 16
(1) An agency which provides child welfare services, an 17
agency which provides child protective services or a similar agency; 18
or 19
(2) A guardian ad litem or court appointed special advocate 20
who represents the proposed protected minor. 21
(f) Any request for the appointment of any other interested 22
person that the court deems appropriate. 23
7. The court may award temporary guardianship pursuant to 24
this section, supported by findings of suitability, pending a trial or 25
evidentiary hearing if that appointment is supported by findings. 26
8. Notwithstanding the presumption set forth in subsection 4, 27
in the event of competing petitions for the appointment of 28
guardianship of a proposed protected minor, any finding of 29
unsuitability of a parent of the proposed protected minor must be 30
found by clear and convincing evidence after a hearing on the merits 31
or an evidentiary hearing. 32
9. In determining whether to appoint a guardian of the person 33
or estate of a proposed protected minor and who should be 34
appointed, the court must always act in the best interests of the 35
proposed protected minor. 36
10. A court shall not refuse to appoint a person as a guardian of 37
the person or estate of a proposed protected minor solely because 38
the person: 39
(a) Is deaf, is blind or has another physical disability; or 40
(b) Is the holder of a valid registry identification card. 41
11. As used in this section: 42
(a) “Agency which provides child welfare services” has the 43
meaning ascribed to it in NRS 432B.030. 44
(b) “Blind” has the meaning ascribed to it in NRS 426.082. 45
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- *AB344*
(c) “Holder of a valid registry identification card” means a 1
person who holds a valid registry identification card as defined in 2
NRS 678C.080 that identifies the person as: 3
(1) Exempt from state prosecution for engaging in the 4
medical use of cannabis; or 5
(2) A designated primary caregiver as defined in 6
NRS 678C.040. 7
Sec. 70. NRS 159A.0615 is hereby amended to read as 8
follows: 9
159A.0615 1. If the court determines that a minor may be in 10
need of a guardian, the court may order the appointment of a [master 11
of the court] judicial officer or a special [master] judicial officer 12
from among the members of the State Bar of Nevada to conduct a 13
hearing to identify the person most qualified and suitable to serve as 14
guardian for the proposed protected minor. 15
2. Not later than 5 calendar days after the date of the hearing, 16
the [master of the court] judicial officer or special [master] judicial 17
officer shall prepare and submit to the court a recommendation 18
regarding which person is most qualified and suitable to serve as 19
guardian for the proposed protected minor. 20
3. A court may designate, by rule or order, a different title to 21
a person appointed as a judicial officer or special judicial officer 22
so long as the title does not include the term “master.” 23
Sec. 71. NRS 159A.0617 is hereby amended to read as 24
follows: 25
159A.0617 If the court or a [master of the court] judicial 26
officer or special [master appointed pursuant to NRS 159A.0615] 27
judicial officer finds that a parent or other relative, teacher, friend or 28
neighbor of a proposed protected minor or any other interested 29
person: 30
1. Has a personal interest in the well-being of the proposed 31
protected minor; or 32
2. Possesses information that is relevant to the determination of 33
who should serve as guardian for the proposed protected minor, 34
the court or a [master of the court] judicial officer or special 35
[master appointed pursuant to NRS 159A.0615] judicial officer may 36
allow the person to testify at any hearing held pursuant to this 37
chapter to determine the person most qualified and suitable to serve 38
as guardian for the proposed protected minor. 39
Sec. 72. NRS 200.471 is hereby amended to read as follows: 40
200.471 1. As used in this section: 41
(a) “Assault” means: 42
(1) Unlawfully attempting to use physical force against 43
another person; or 44
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(2) Intentionally placing another person in reasonable 1
apprehension of immediate bodily harm. 2
(b) “Fire-fighting agency” has the meaning ascribed to it in 3
NRS 239B.020. 4
(c) “Health care facility” means a facility licensed pursuant to 5
chapter 449 of NRS, an office of a person listed in NRS 629.031, a 6
clinic or any other location, other than a residence, where health 7
care is provided. 8
(d) “Officer” means: 9
(1) A person who possesses some or all of the powers of a 10
peace officer; 11
(2) A person employed in a full-time salaried occupation of 12
fire fighting for the benefit or safety of the public; 13
(3) A member of a volunteer fire department; 14
(4) A jailer, guard or other correctional officer of a city or 15
county jail; 16
(5) A prosecuting attorney of an agency or political 17
subdivision of the United States or of this State; 18
(6) A justice of the Supreme Court, judge of the Court of 19
Appeals, district judge, justice of the peace, municipal judge, 20
magistrate, court commissioner, master , judicial officer appointed 21
by a court or referee, including a person acting pro tempore in a 22
capacity listed in this subparagraph; 23
(7) An employee of this State or a political subdivision of 24
this State whose official duties require the employee to make home 25
visits; 26
(8) A civilian employee or a volunteer of a law enforcement 27
agency whose official duties require the employee or volunteer to: 28
(I) Interact with the public; 29
(II) Perform tasks related to law enforcement; and 30
(III) Wear identification, clothing or a uniform that 31
identifies the employee or volunteer as working or volunteering for 32
the law enforcement agency; 33
(9) A civilian employee or a volunteer of a fire-fighting 34
agency whose official duties require the employee or volunteer to: 35
(I) Interact with the public; 36
(II) Perform tasks related to fire fighting or fire 37
prevention; and 38
(III) Wear identification, clothing or a uniform that 39
identifies the employee or volunteer as working or volunteering for 40
the fire-fighting agency; or 41
(10) A civilian employee or volunteer of this State or a 42
political subdivision of this State whose official duties require the 43
employee or volunteer to: 44
(I) Interact with the public; 45
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- *AB344*
(II) Perform tasks related to code enforcement; and 1
(III) Wear identification, clothing or a uniform that 2
identifies the employee or volunteer as working or volunteering for 3
this State or a political subdivision of this State. 4
(e) “Provider of health care” means: 5
(1) A physician, a medical student, a perfusionist, an 6
anesthesiologist assistant or a physician assistant licensed pursuant 7
to chapter 630 of NRS, a practitioner of respiratory care, a 8
homeopathic physician, an advanced practitioner of homeopathy, a 9
homeopathic assistant, an osteopathic physician, a physician 10
assistant or anesthesiologist assistant licensed pursuant to chapter 11
633 of NRS, a podiatric physician, a podiatry hygienist, a physical 12
therapist, a medical laboratory technician, an optometrist, a 13
chiropractic physician, a chiropractic assistant, a naprapath, a doctor 14
of Oriental medicine, a nurse, a student nurse, a certified nursing 15
assistant, a nursing assistant trainee, a medication aide - certified, a 16
person who provides health care services in the home for 17
compensation, a dentist, a dental student, a dental hygienist, a dental 18
hygienist student, an expanded function dental assistant, an 19
expanded function dental assistant student, a pharmacist, a 20
pharmacy student, an intern pharmacist, an attendant on an 21
ambulance or air ambulance, a psychologist, a social worker, a 22
marriage and family therapist, a marriage and family therapist 23
intern, a clinical professional counselor, a clinical professional 24
counselor intern, a behavior analyst, an assistant behavior analyst, a 25
registered behavior technician, a mental health technician, a licensed 26
dietitian, the holder of a license or a limited license issued under the 27
provisions of chapter 653 of NRS, a public safety officer at a health 28
care facility, an emergency medical technician, an advanced 29
emergency medical technician, a paramedic or a participant in a 30
program of training to provide emergency medical services; or 31
(2) An employee of or volunteer for a health care facility 32
who: 33
(I) Interacts with the public; 34
(II) Performs tasks related to providing health care; and 35
(III) Wears identification, clothing or a uniform that 36
identifies the person as an employee or volunteer of the health care 37
facility. 38
(f) “School employee” means a licensed or unlicensed person 39
employed by a board of trustees of a school district pursuant to NRS 40
391.100 or 391.281. 41
(g) “Sporting event” has the meaning ascribed to it in 42
NRS 41.630. 43
(h) “Sports official” has the meaning ascribed to it in 44
NRS 41.630. 45
– 57 –
- *AB344*
(i) “Taxicab” has the meaning ascribed to it in NRS 706.8816. 1
(j) “Taxicab driver” means a person who operates a taxicab. 2
(k) “Transit operator” means a person who operates a bus or 3
other vehicle as part of a public mass transportation system. 4
(l) “Utility worker” means an employee of a public utility as 5
defined in NRS 704.020 whose official duties require the employee 6
to: 7
(1) Interact with the public; 8
(2) Perform tasks related to the operation of the public 9
utility; and 10
(3) Wear identification, clothing or a uniform that identifies 11
the employee as working for the public utility. 12
2. A person convicted of an assault shall be punished: 13
(a) If paragraph (c) or (d) does not apply to the circumstances of 14
the crime and the assault is not made with the use of a deadly 15
weapon or the present ability to use a deadly weapon, for a 16
misdemeanor. 17
(b) If the assault is made with the use of a deadly weapon or the 18
present ability to use a deadly weapon, for a category B felony by 19
imprisonment in the state prison for a minimum term of not less 20
than 1 year and a maximum term of not more than 6 years, or by a 21
fine of not more than $5,000, or by both fine and imprisonment. 22
(c) If paragraph (d) does not apply to the circumstances of the 23
crime and if the assault: 24
(1) Is committed upon: 25
(I) An officer, a school employee, a taxicab driver, a 26
transit operator or a utility worker who is performing his or her 27
duty; 28
(II) A provider of health care while the provider of health 29
care is performing his or her duty or is on the premises where he or 30
she performs that duty; or 31
(III) A sports official based on the performance of his or 32
her duties at a sporting event; and 33
(2) The person charged knew or should have known that the 34
victim was an officer, a provider of health care, a school employee, 35
a taxicab driver, a transit operator, a utility worker or a sports 36
official, 37
for a gross misdemeanor, unless the assault is made with the use 38
of a deadly weapon or the present ability to use a deadly weapon, 39
then for a category B felony by imprisonment in the state prison for 40
a minimum term of not less than 1 year and a maximum term of not 41
more than 6 years, or by a fine of not more than $5,000, or by both 42
fine and imprisonment. 43
(d) If the assault: 44
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(1) Is committed by a probationer, a prisoner who is in 1
lawful custody or confinement or a parolee upon: 2
(I) An officer, a school employee, a taxicab driver, a 3
transit operator or a utility worker who is performing his or her 4
duty; 5
(II) A provider of health care while the provider of health 6
care is performing his or her duty or is on the premises where he or 7
she performs that duty; or 8
(III) A sports official based on the performance of his or 9
her duties at a sporting event; and 10
(2) The probationer, prisoner or parolee charged knew or 11
should have known that the victim was an officer, a provider of 12
health care, a school employee, a taxicab driver, a transit operator, a 13
utility worker or a sports official, 14
for a category D felony as provided in NRS 193.130, unless the 15
assault is made with the use of a deadly weapon or the present 16
ability to use a deadly weapon, then for a category B felony by 17
imprisonment in the state prison for a minimum term of not less 18
than 1 year and a maximum term of not more than 6 years, or by a 19
fine of not more than $5,000, or by both fine and imprisonment. 20
Sec. 73. NRS 200.481 is hereby amended to read as follows: 21
200.481 1. As used in this section: 22
(a) “Battery” means any willful and unlawful use of force or 23
violence upon the person of another. 24
(b) “Child” means a person less than 18 years of age. 25
(c) “Fire-fighting agency” has the meaning ascribed to it in 26
NRS 239B.020. 27
(d) “Officer” means: 28
(1) A person who possesses some or all of the powers of a 29
peace officer; 30
(2) A person employed in a full-time salaried occupation of 31
fire fighting for the benefit or safety of the public; 32
(3) A member of a volunteer fire department; 33
(4) A jailer, guard, matron or other correctional officer of a 34
city or county jail or detention facility; 35
(5) A prosecuting attorney of an agency or political 36
subdivision of the United States or of this State; 37
(6) A justice of the Supreme Court, judge of the Court of 38
Appeals, district judge, justice of the peace, municipal judge, 39
magistrate, court commissioner, master , judicial officer appointed 40
by a court or referee, including, without limitation, a person acting 41
pro tempore in a capacity listed in this subparagraph; 42
(7) An employee of this State or a political subdivision of 43
this State whose official duties require the employee to make home 44
visits; 45
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(8) A civilian employee or a volunteer of a law enforcement 1
agency whose official duties require the employee or volunteer to: 2
(I) Interact with the public; 3
(II) Perform tasks related to law enforcement; and 4
(III) Wear identification, clothing or a uniform that 5
identifies the employee or volunteer as working or volunteering for 6
the law enforcement agency; 7
(9) A civilian employee or a volunteer of a fire-fighting 8
agency whose official duties require the employee or volunteer to: 9
(I) Interact with the public; 10
(II) Perform tasks related to fire fighting or fire 11
prevention; and 12
(III) Wear identification, clothing or a uniform that 13
identifies the employee or volunteer as working or volunteering for 14
the fire-fighting agency; or 15
(10) A civilian employee or volunteer of this State or a 16
political subdivision of this State whose official duties require the 17
employee or volunteer to: 18
(I) Interact with the public; 19
(II) Perform tasks related to code enforcement; and 20
(III) Wear identification, clothing or a uniform that 21
identifies the employee or volunteer as working or volunteering for 22
this State or a political subdivision of this State. 23
(e) “Provider of health care” has the meaning ascribed to it in 24
NRS 200.471. 25
(f) “School employee” means a licensed or unlicensed person 26
employed by a board of trustees of a school district pursuant to NRS 27
391.100 or 391.281. 28
(g) “Sporting event” has the meaning ascribed to it in 29
NRS 41.630. 30
(h) “Sports official” has the meaning ascribed to it in 31
NRS 41.630. 32
(i) “Strangulation” means intentionally applying sufficient 33
pressure to another person to make it difficult or impossible for the 34
person to breathe, including, without limitation, applying pressure to 35
the neck, throat or windpipe that may prevent or hinder breathing or 36
reduce the intake of air, or applying any pressure to the neck on 37
either side of the windpipe, but not the windpipe itself, to stop the 38
flow of blood to the brain via the carotid arteries. 39
(j) “Taxicab” has the meaning ascribed to it in NRS 706.8816. 40
(k) “Taxicab driver” means a person who operates a taxicab. 41
(l) “Transit operator” means a person who operates a bus or 42
other vehicle as part of a public mass transportation system. 43
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(m) “Utility worker” means an employee of a public utility as 1
defined in NRS 704.020 whose official duties require the employee 2
to: 3
(1) Interact with the public; 4
(2) Perform tasks related to the operation of the public 5
utility; and 6
(3) Wear identification, clothing or a uniform that identifies 7
the employee as working for the public utility. 8
2. Except as otherwise provided in NRS 200.485, a person 9
convicted of a battery, other than a battery committed by an adult 10
upon a child which constitutes child abuse, shall be punished: 11
(a) If the battery is not committed with a deadly weapon, and no 12
substantial bodily harm to the victim results, except under 13
circumstances where a greater penalty is provided in this section or 14
NRS 197.090, for a misdemeanor. 15
(b) If the battery is not committed with a deadly weapon, and 16
either substantial bodily harm to the victim results or the battery is 17
committed by strangulation, for a category C felony as provided in 18
NRS 193.130. 19
(c) If: 20
(1) The battery is committed upon: 21
(I) An officer, school employee, taxicab driver, transit 22
operator or utility worker who was performing his or her duty; 23
(II) A provider of health care while the provider of health 24
care is performing his or her duty or is on the premises where he or 25
she performs that duty; or 26
(III) A sports official based on the performance of his or 27
her duties at a sporting event; 28
(2) The officer, provider of health care, school employee, 29
taxicab driver, transit operator, utility worker or sports official 30
suffers substantial bodily harm or the battery is committed by 31
strangulation; and 32
(3) The person charged knew or should have known that the 33
victim was an officer, provider of health care, school employee, 34
taxicab driver, transit operator, utility worker or sports official, 35
for a category B felony by imprisonment in the state prison for a 36
minimum term of not less than 2 years and a maximum term of not 37
more than 10 years, or by a fine of not more than $10,000, or by 38
both fine and imprisonment. 39
(d) If the battery: 40
(1) Is committed upon: 41
(I) An officer, school employee, taxicab driver, transit 42
operator or utility worker who is performing his or her duty; 43
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(II) A provider of health care while the provider of health 1
care is performing his or her duty or is on the premises where he or 2
she performs that duty; or 3
(III) A sports official based on the performance of his or 4
her duties at a sporting event; and 5
(2) The person charged knew or should have known that the 6
victim was an officer, provider of health care, school employee, 7
taxicab driver, transit operator, utility worker or sports official, 8
for a gross misdemeanor, except under circumstances where a 9
greater penalty is provided in this section. 10
(e) If the battery is committed with the use of a deadly weapon, 11
and: 12
(1) No substantial bodily harm to the victim results, for a 13
category B felony by imprisonment in the state prison for a 14
minimum term of not less than 2 years and a maximum term of not 15
more than 10 years, and may be further punished by a fine of not 16
more than $10,000. 17
(2) Substantial bodily harm to the victim results or the 18
battery is committed by strangulation, for a category B felony by 19
imprisonment in the state prison for a minimum term of not less 20
than 2 years and a maximum term of not more than 15 years, and 21
may be further punished by a fine of not more than $10,000. 22
(f) If the battery is committed by a probationer, a prisoner who 23
is in lawful custody or confinement or a parolee, without the use of 24
a deadly weapon, whether or not substantial bodily harm results and 25
whether or not the battery is committed by strangulation, for a 26
category B felony by imprisonment in the state prison for a 27
minimum term of not less than 1 year and a maximum term of not 28
more than 6 years. 29
(g) If the battery is committed by a probationer, a prisoner who 30
is in lawful custody or confinement or a parolee, with the use of a 31
deadly weapon, and: 32
(1) No substantial bodily harm to the victim results, for a 33
category B felony by imprisonment in the state prison for a 34
minimum term of not less than 2 years and a maximum term of not 35
more than 10 years. 36
(2) Substantial bodily harm to the victim results or the 37
battery is committed by strangulation, for a category B felony by 38
imprisonment in the state prison for a minimum term of not less 39
than 2 years and a maximum term of not more than 15 years. 40
Sec. 74. NRS 247.540 is hereby amended to read as follows: 41
247.540 1. The following persons may request that the 42
personal information described in subsection 1, 2 or 3 of NRS 43
247.520 that is contained in the records of a county recorder be kept 44
confidential: 45
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(a) Any justice or judge in this State. 1
(b) Any senior justice or senior judge in this State. 2
(c) Any court-appointed master or judicial officer in this State. 3
(d) Any clerk of a court, court administrator or court executive 4
officer in this State. 5
(e) Any county or city clerk or registrar of voters charged with 6
the powers and duties relating to elections and any deputy appointed 7
by such county or city clerk or registrar of voters in the elections 8
division of the county or city. 9
(f) Any peace officer or retired peace officer. 10
(g) Any prosecutor. 11
(h) Any state or county public defender. 12
(i) Any person employed by the Office of the Attorney General 13
who prosecutes or defends actions on behalf of the State of Nevada 14
or any agency in the Executive Department of the State 15
Government. 16
(j) Any person, including without limitation, a social worker, 17
employed by this State or a political subdivision of this State who as 18
part of his or her normal job responsibilities: 19
(1) Interacts with the public; and 20
(2) Performs tasks related to child welfare services or child 21
protective services or tasks that expose the person to comparable 22
dangers. 23
(k) Any county manager in this State. 24
(l) Any inspector, officer or investigator employed by this State 25
or a political subdivision of this State designated by his or her 26
employer: 27
(1) Who possesses specialized training in code enforcement; 28
(2) Who, as part of his or her normal job responsibilities, 29
interacts with the public; and 30
(3) Whose primary duties are the performance of tasks 31
related to code enforcement. 32
(m) The spouse, domestic partner or minor child of a person 33
described in paragraphs (a) to (l), inclusive. 34
(n) The surviving spouse, domestic partner or minor child of a 35
person described in paragraphs (a) to (l), inclusive, who was killed 36
in the performance of his or her duties. 37
(o) Any person for whom a fictitious address has been issued 38
pursuant to NRS 217.462 to 217.471, inclusive. 39
2. Any nonprofit entity in this State that maintains a 40
confidential location for the purpose of providing shelter to victims 41
of domestic violence may request that the personal information 42
described in subsection 4 of NRS 247.520 that is contained in the 43
records of a county recorder be kept confidential. 44
3. As used in this section: 45
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(a) “Child protective services” has the meaning ascribed to it in 1
NRS 432B.042. 2
(b) “Child welfare services” has the meaning ascribed to it in 3
NRS 432B.044. 4
(c) “Code enforcement” means the enforcement of laws, 5
ordinances or codes regulating public nuisances or the public health, 6
safety and welfare. 7
(d) “Peace officer” means: 8
(1) Any person upon whom some or all of the powers of a 9
peace officer are conferred pursuant to NRS 289.150 to 289.360, 10
inclusive; and 11
(2) Any person: 12
(I) Who resides in this State; 13
(II) Whose primary duties are to enforce the law; and 14
(III) Who is employed by a law enforcement agency of 15
the Federal Government, including, without limitation, a ranger for 16
the National Park Service and an agent employed by the Federal 17
Bureau of Investigation, Secret Service, United States Department 18
of Homeland Security or United States Department of the Treasury. 19
(e) “Prosecutor” has the meaning ascribed to it in 20
NRS 241A.030. 21
(f) “Social worker” means any person licensed under chapter 22
641B of NRS. 23
Sec. 75. NRS 250.140 is hereby amended to read as follows: 24
250.140 1. The following persons may request that personal 25
information described in subsection 1, 2 or 3 of NRS 250.120 that is 26
contained in the records of a county assessor be kept confidential: 27
(a) Any justice or judge in this State. 28
(b) Any senior justice or senior judge in this State. 29
(c) Any court-appointed master or judicial officer in this State. 30
(d) Any clerk of a court, court administrator or court executive 31
officer in this State. 32
(e) Any county or city clerk or registrar of voters charged with 33
the powers and duties relating to elections and any deputy appointed 34
by such county or city clerk or registrar of voters in the elections 35
division of the county or city. 36
(f) Any peace officer or retired peace officer. 37
(g) Any prosecutor. 38
(h) Any state or county public defender. 39
(i) Any person employed by the Office of the Attorney General 40
who prosecutes or defends actions on behalf of the State of Nevada 41
or any agency in the Executive Department of the State 42
Government. 43
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(j) Any person, including without limitation, a social worker, 1
employed by this State or a political subdivision of this State who as 2
part of his or her normal job responsibilities: 3
(1) Interacts with the public; and 4
(2) Performs tasks related to child welfare services or child 5
protective services or tasks that expose the person to comparable 6
dangers. 7
(k) Any county manager in this State. 8
(l) Any inspector, officer or investigator employed by this State 9
or a political subdivision of this State designated by his or her 10
employer: 11
(1) Who possesses specialized training in code enforcement; 12
(2) Who, as part of his or her normal job responsibilities, 13
interacts with the public; and 14
(3) Whose primary duties are the performance of tasks 15
related to code enforcement. 16
(m) The spouse, domestic partner or minor child of a person 17
described in paragraphs (a) to (l), inclusive. 18
(n) The surviving spouse, domestic partner or minor child of a 19
person described in paragraphs (a) to (l), inclusive, who was killed 20
in the performance of his or her duties. 21
(o) Any person for whom a fictitious address has been issued 22
pursuant to NRS 217.462 to 217.471, inclusive. 23
2. Any nonprofit entity in this State that maintains a 24
confidential location for the purpose of providing shelter to victims 25
of domestic violence may request that the personal information 26
described in subsection 4 of NRS 250.120 that is contained in the 27
records of a county assessor be kept confidential. 28
3. As used in this section: 29
(a) “Child protective services” has the meaning ascribed to it in 30
NRS 432B.042. 31
(b) “Child welfare services” has the meaning ascribed to it in 32
NRS 432B.044. 33
(c) “Code enforcement” means the enforcement of laws, 34
ordinances or codes regulating public nuisances or the public health, 35
safety and welfare. 36
(d) “Peace officer” means: 37
(1) Any person upon whom some or all of the powers of a 38
peace officer are conferred pursuant to NRS 289.150 to 289.360, 39
inclusive; and 40
(2) Any person: 41
(I) Who resides in this State; 42
(II) Whose primary duties are to enforce the law; and 43
(III) Who is employed by a law enforcement agency of 44
the Federal Government, including, without limitation, a ranger for 45
– 65 –
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the National Park Service and an agent employed by the Federal 1
Bureau of Investigation, Secret Service, United States Department 2
of Homeland Security or United States Department of the Treasury. 3
(e) “Prosecutor” has the meaning ascribed to it in 4
NRS 241A.030. 5
(f) “Social worker” means any person licensed under chapter 6
641B of NRS. 7
Sec. 76. NRS 293.908 is hereby amended to read as follows: 8
293.908 1. The following persons may request that personal 9
information contained in the records of the Secretary of State or a 10
county or city clerk be kept confidential: 11
(a) Any justice or judge in this State. 12
(b) Any senior justice or senior judge in this State. 13
(c) Any court-appointed master or judicial officer in this State. 14
(d) Any clerk of a court, court administrator or court executive 15
officer in this State. 16
(e) Any county or city clerk or registrar of voters charged with 17
the powers and duties relating to elections and any deputy appointed 18
by such county or city clerk or registrar of voters in the elections 19
division of the county or city. 20
(f) Any peace officer or retired peace officer. 21
(g) Any prosecutor. 22
(h) Any state or county public defender. 23
(i) Any person employed by the Office of the Attorney General 24
who prosecutes or defends actions on behalf of the State of Nevada 25
or any agency in the Executive Department of the State 26
Government. 27
(j) Any person, including without limitation, a social worker, 28
employed by this State or a political subdivision of this State who as 29
part of his or her normal job responsibilities: 30
(1) Interacts with the public; and 31
(2) Performs tasks related to child welfare services or child 32
protective services or tasks that expose the person to comparable 33
dangers. 34
(k) Any county manager in this State. 35
(l) Any inspector, officer or investigator employed by this State 36
or a political subdivision of this State designated by his or her 37
employer: 38
(1) Who possess specialized training in code enforcement; 39
(2) Who, as part of his or her normal job responsibilities, 40
interacts with the public; and 41
(3) Whose primary duties are the performance of tasks 42
related to code enforcement. 43
(m) The spouse, domestic partner or minor child of a person 44
described in paragraphs (a) to (l), inclusive. 45
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(n) The surviving spouse, domestic partner or minor child of a 1
person described in paragraphs (a) to (l), inclusive, who was killed 2
in the performance of his or her duties. 3
2. As used in this section: 4
(a) “Child protective services” has the meaning ascribed to it in 5
NRS 432B.042. 6
(b) “Child welfare services” has the meaning ascribed to it in 7
NRS 432B.044. 8
(c) “Code enforcement” means the enforcement of laws, 9
ordinances or codes regulating public nuisances or the public health, 10
safety and welfare. 11
(d) “Peace officer” means: 12
(1) Any person upon whom some or all of the powers of a 13
peace officer are conferred pursuant to NRS 289.150 to 289.360, 14
inclusive; and 15
(2) Any person: 16
(I) Who resides in this State; 17
(II) Whose primary duties are to enforce the law; and 18
(III) Who is employed by a law enforcement agency of 19
the Federal Government, including, without limitation, a ranger for 20
the National Park Service and an agent employed by the Federal 21
Bureau of Investigation, Secret Service, United States Department 22
of Homeland Security or United States Department of the Treasury. 23
(e) “Prosecutor” has the meaning ascribed to it in 24
NRS 241A.030. 25
(f) “Social worker” means any person licensed under chapter 26
641B of NRS. 27
Sec. 77. NRS 481.091 is hereby amended to read as follows: 28
481.091 1. The following persons may request that the 29
Department display an alternate address on the person’s driver’s 30
license, commercial driver’s license or identification card: 31
(a) Any justice or judge in this State. 32
(b) Any senior justice or senior judge in this State. 33
(c) Any court-appointed master or judicial officer in this State. 34
(d) Any clerk of the court, court administrator or court executive 35
officer in this State. 36
(e) Any prosecutor who as part of his or her normal job 37
responsibilities prosecutes persons for: 38
(1) Crimes that are punishable as category A felonies; or 39
(2) Domestic violence. 40
(f) Any state or county public defender who as part of his or her 41
normal job responsibilities defends persons for: 42
(1) Crimes that are punishable as category A felonies; or 43
(2) Domestic violence. 44
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(g) Any person employed by the Office of the Attorney General 1
who prosecutes or defends actions on behalf of the State of Nevada 2
or any agency in the Executive Department of the State 3
Government. 4
(h) Any person, including, without limitation, a social worker, 5
employed by this State or a political subdivision of this State who as 6
part of his or her normal job responsibilities: 7
(1) Interacts with the public; and 8
(2) Performs tasks related to child welfare services or child 9
protective services or tasks that expose the person to comparable 10
dangers. 11
(i) Any county manager in this State. 12
(j) Any inspector, officer or investigator employed by this State 13
or a political subdivision of this State designated by his or her 14
employer: 15
(1) Who possesses specialized training in code enforcement; 16
(2) Who, as part of his or her normal job responsibilities, 17
interacts with the public; and 18
(3) Whose primary duties are the performance of tasks 19
related to code enforcement. 20
(k) Any county or city clerk or registrar of voters charged with 21
the powers and duties relating to elections and any deputy appointed 22
by the county or city clerk or registrar of voters in the elections 23
division of the county or city. 24
(l) The spouse, domestic partner or minor child of a person 25
described in paragraphs (a) to (k), inclusive. 26
(m) The surviving spouse, domestic partner or minor child of a 27
person described in paragraphs (a) to (k), inclusive, who was killed 28
in the performance of his or her duties. 29
(n) Any person for whom a fictitious address has been issued 30
pursuant to NRS 217.462 to 217.471, inclusive. 31
2. A person who wishes to have an alternate address displayed 32
on his or her driver’s license, commercial driver’s license or 33
identification card pursuant to this section must submit to the 34
Department satisfactory proof: 35
(a) That he or she is a person described in subsection 1; and 36
(b) Of the person’s address of principal residence and mailing 37
address, if different from the address of principal residence. 38
3. A person who obtains a driver’s license, commercial driver’s 39
license or identification card that displays an alternate address 40
pursuant to this section may subsequently submit a request to the 41
Department to have his or her address of principal residence 42
displayed on his or her driver’s license, commercial driver’s license 43
or identification card instead of the alternate address. 44
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4. The Department may adopt regulations to carry out the 1
provisions of this section. 2
5. As used in this section: 3
(a) “Child protective services” has the meaning ascribed to it in 4
NRS 432B.042. 5
(b) “Child welfare services” has the meaning ascribed to it in 6
NRS 432B.044. 7
(c) “Code enforcement” means the enforcement of laws, 8
ordinances or codes regulating public nuisances or the public health, 9
safety and welfare. 10
(d) “Social worker” means any person licensed under chapter 11
641B of NRS. 12
Sec. 78. NRS 483.443 is hereby amended to read as follows: 13
483.443 1. The Department shall, upon receiving notification 14
from a district attorney or other public agency collecting support for 15
children pursuant to NRS 425.510 that a court has determined that a 16
person: 17
(a) Has failed to comply with a subpoena or warrant relating to a 18
proceeding to establish paternity or to establish or enforce an 19
obligation for the support of a child; or 20
(b) Is in arrears in the payment for the support of one or more 21
children, 22
send a written notice to that person that his or her driver’s license 23
is subject to suspension. 24
2. The notice must include: 25
(a) The reason for the suspension of the license; 26
(b) The information set forth in subsections 3, 5 and 6; and 27
(c) Any other information the Department deems necessary. 28
3. If a person who receives a notice pursuant to subsection 1 29
does not, within 30 days after receiving the notice, comply with the 30
subpoena or warrant or satisfy the arrearage as required in NRS 31
425.510, the Department shall suspend the license without providing 32
the person with an opportunity for a hearing. 33
4. The Department shall suspend immediately the license of a 34
defendant if so ordered pursuant to NRS 62B.420 or 484A.7047. 35
5. The Department shall reinstate the driver’s license of a 36
person whose license was suspended pursuant to this section if it 37
receives: 38
(a) A notice from any of the following: 39
(1) The district attorney or other public agency pursuant to 40
NRS 425.510 that the person has complied with the subpoena or 41
warrant or has satisfied the arrearage pursuant to that section. 42
(2) A traffic commissioner, referee, hearing master, judicial 43
officer appointed by a court, municipal judge, justice of the peace 44
or district judge, as applicable, that a delinquency for which the 45
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suspension was ordered pursuant to NRS 484A.7047 has been 1
discharged. 2
(3) A judge of the juvenile court that an unsatisfied civil 3
judgment for which the suspension was ordered pursuant to NRS 4
62B.420 has been satisfied; and 5
(b) Payment of the fee for reinstatement of a suspended license 6
prescribed in NRS 483.410. 7
6. The Department shall not require a person whose driver’s 8
license was suspended pursuant to this section to submit to the tests 9
and other requirements which are adopted by regulation pursuant to 10
subsection 1 of NRS 483.495 as a condition of the reinstatement of 11
the license. 12
Sec. 79. NRS 609.245 is hereby amended to read as follows: 13
609.245 Every person who employs and every parent, guardian 14
or other person having the care, custody or control of such child, 15
who permits to be employed, by another, any child under the age of 16
14 years at any labor whatever, in or in connection with any store, 17
shop, factory, mine or any inside employment not connected with 18
farmwork, housework or employment as a performer in a motion 19
picture, without the written permission for the employment signed 20
by a judge of the district court of the county of the child’s residence, 21
or signed by a juvenile [master,] judicial officer, referee or 22
probation officer authorized to sign such a permit by a judge of the 23
district court of the county of the child’s residence, is guilty of a 24
misdemeanor. 25
Sec. 80. The amendatory provisions of sections 30 and 64 of 26
this act do not apply to any proceedings that began before January 1, 27
2026. 28
Sec. 81. 1. The Legislative Counsel shall, in preparing 29
supplements to the Nevada Administrative Code, appropriately 30
change any references to an officer whose name is changed pursuant 31
to the provisions of this act to refer to the appropriate officer. 32
2. Any contracts or other agreements entered into by an officer 33
whose name has been changed pursuant to the provisions of this act 34
to another officer are binding upon the officer to which the 35
responsibility for the administration of the provisions of the contract 36
or other agreement has been transferred. Such contracts and other 37
agreements may be enforced by the officer to which the 38
responsibility for the enforcement of the provisions of the contract 39
or other agreement has been transferred. 40
3. Any action taken by an officer whose name has been 41
changed pursuant to the provisions of this act to another officer 42
remains in effect as if taken by the officer to which the 43
responsibility for the enforcement of such actions has been 44
transferred. 45
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Sec. 82. The provisions of NRS 354.599 do not apply to any 1
additional expenses of a local government that are related to the 2
provisions of this act. 3
Sec. 83. 1. This section becomes effective upon passage and 4
approval. 5
2. Sections 1 to 82, inclusive, of this act become effective: 6
(a) Upon passage and approval for the purpose of adopting any 7
regulations and performing any other preparatory administrative 8
tasks that are necessary to carry out the provisions of this act; and 9
(b) On January 1, 2026, for all other purposes. 10
H