S.B. 275 - *SB275* SENATE BILL NO. 275–SENATOR CANNIZZARO MARCH 4, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to domestic relations. (BDR 11-541) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to domestic relations; prohibiting a court with jurisdiction over a child custody proceeding from taking certain actions for the sole purpose of improving a deficient relationship between a child and a parent of the child under certain circumstances; prohibiting any such court from ordering a child to receive reunification treatment under certain circumstances; requiring any such court to consider certain evidence in making certain findings relating to allegations of domestic violence or child abuse; requiring a judge who presides over a child custody proceeding and certain other persons to complete certain training relating to domestic violence and child abuse; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that it is the policy of this State to: (1) ensure that minor 1 children have a continuing relationship with both parents after the parents have 2 ended their relationship; (2) encourage such parents to share the rights and 3 responsibilities of child rearing; and (3) establish that such parents have an 4 equivalent duty to provide their minor children with necessary maintenance, 5 healthcare, education and support. (NRS 125C.001) Section 5 of this bill: (1) 6 defines the term “reunification treatment” to mean a treatment or therapy aimed at 7 reuniting or reestablishing a relationship between a child and an estranged or 8 rejected parent or other family member of the child; and (2) prohibits a court from 9 issuing an order requiring a child to receive reunification treatment under certain 10 circumstances. Section 5 also prohibits a court from removing a child from a parent 11 or litigant or restricting contact between a child and a parent or litigant for the sole 12 – 2 – - *SB275* purpose of improving a deficient relationship between the child and the other parent 13 of the child under certain circumstances. 14 Section 6 of this bill provides that in a child custody proceeding in which a 15 parent is alleged to have committed domestic violence or child abuse, expert 16 evidence relating to the alleged domestic violence or child abuse may only be 17 admitted by a professional who possesses certain expertise and clinical experience. 18 Section 6 also: (1) requires the court in any such proceeding to consider evidence 19 of past domestic violence or child abuse under certain circumstances; and (2) 20 prohibits the court in any such proceeding from issuing an order to remediate the 21 resistance of a child to have contact with a parent alleged to have committed 22 domestic violence or child abuse under certain circumstances. 23 Existing law requires each judge of the family court to attend a course designed 24 for the training of new judges within 12 months after taking office. (NRS 3.028) 25 Section 7 of this bill requires each judge who presides over a child custody 26 proceeding and certain other persons who have regular and routine contact with 27 persons involved in child custody proceedings to complete certain training relating 28 to domestic violence and child abuse. Under section 7, any such training must 29 comply with certain provisions of federal law. 30 Sections 3 and 4 of this bill define certain terms for the purposes of sections 2-31 7 of this bill. 32 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 125C of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 to 7, inclusive, of this 2 act. 3 Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless 4 the context otherwise requires, the words and terms defined in 5 sections 3 and 4 of this act have the meanings ascribed to them in 6 those sections. 7 Sec. 3. 1. “Child custody proceeding” means a proceeding 8 in which legal custody, physical custody or visitation with respect 9 to a child is at issue. 10 2. The term includes a proceeding for divorce, separation, 11 paternity, child support, termination of parental rights and 12 protection from domestic violence in which the issue may appear. 13 3. The term does not include a delinquency proceeding 14 conducted pursuant to title 5 of NRS or a proceeding held 15 pursuant to chapter 432B of NRS. 16 Sec. 4. “Domestic violence” means an act described in 17 NRS 33.018. 18 Sec. 5. 1. During a child custody proceeding, the court 19 shall not: 20 (a) For the sole purpose of improving a deficient relationship 21 between a child and the other parent of the child, remove the child 22 from a parent or litigant or restrict contact between the child and a 23 parent or litigant who: 24 – 3 – - *SB275* (1) Is capable of meeting the needs of the child; 1 (2) Is protective of the child; 2 (3) Does not physically or sexually abuse the child or 3 neglect the child; and 4 (4) Is a person with whom the child is bonded or to whom 5 the child is attached; or 6 (b) Issue an order requiring a child to receive reunification 7 treatment unless: 8 (1) Generally accepted and scientifically valid proof 9 demonstrates that the reunification treatment is: 10 (I) Safe, effective and of therapeutic value; and 11 (II) Will not harm a child; and 12 (2) The reunification treatment is not predicated on 13 isolating a child from a parent who meets the requirements set 14 forth in subparagraphs (1) to (4), inclusive, of paragraph (a) or 15 otherwise prohibiting contact between a child and any such 16 parent. 17 2. As used in this section, “reunification treatment” means a 18 treatment or therapy aimed at reuniting or reestablishing a 19 relationship between a child and an estranged or rejected parent 20 or other family member of the child. 21 Sec. 6. 1. Notwithstanding any other provision of law, in a 22 child custody proceeding in which a parent is alleged to have 23 committed domestic violence or child abuse: 24 (a) Expert evidence relating to alleged domestic violence or 25 child abuse may only be admitted by a professional who possesses 26 demonstrated expertise and substantial clinical experience that are 27 not primarily of a forensic nature; 28 (b) The court shall, in making any finding relating to an 29 allegation of domestic violence or child abuse, consider all 30 relevant and admissible evidence of past domestic violence or child 31 abuse committed by the parent who is the subject of the allegation, 32 including, without limitation, any evidence which indicates that 33 the parent has been: 34 (1) Arrested for or convicted of domestic violence or child 35 abuse; or 36 (2) A party against whom an order for protection, 37 restraining order or injunction in the nature of an order for 38 protection is issued; and 39 (c) The court shall not issue an order to remediate the 40 resistance of a child to have contact with a parent alleged to have 41 committed domestic violence or child abuse unless the order: 42 (1) Primarily addresses the behavior of the parent with 43 whom the child resists contact; and 44 – 4 – - *SB275* (2) Requires the parent with whom the child resists contact 1 to take action to remediate the resistance of the child as a 2 condition precedent to requiring the other parent of the child to 3 take any action to improve the relationship of the child with the 4 parent with whom the child resists contact. 5 2. For the purposes of this section, an order or injunction is 6 in the nature of a temporary or extended order for protection if it 7 grants relief that might be given in a temporary or extended order 8 for protection. 9 3. As used in this section: 10 (a) “Child abuse” means: 11 (1) Physical or mental injury of a nonaccidental nature to a 12 child under the age of 18 years; or 13 (2) Sexual abuse or sexual exploitation of a child under the 14 age of 18 years. 15 (b) “Clinical experience” means experience working with and 16 on behalf of victims of domestic violence or child abuse. 17 (c) “Forensic” means provided pursuant to a court order for 18 the purpose of litigation. The term includes, without limitation, the 19 evaluation of a parent or child involved in a child custody 20 proceeding. 21 (d) “Order for protection” means: 22 (1) A temporary or extended order for protection against 23 domestic violence issued pursuant to NRS 33.017 to 33.100, 24 inclusive; 25 (2) A temporary or extended order for protection against 26 stalking, aggravated stalking or harassment issued pursuant to 27 NRS 200.591; or 28 (3) A temporary or extended order for protection against 29 sexual assault issued pursuant to NRS 200.378. 30 (e) “Sexual abuse” has the meaning ascribed to it in 31 NRS 432B.100. 32 (f) “Sexual exploitation” has the meaning ascribed to it in 33 NRS 432B.110. 34 Sec. 7. 1. Any judge who presides over a child custody 35 proceeding and any person who, during the scope of his or her 36 employment, has regular and routine contact with persons who 37 are involved in a child custody proceeding, including, without 38 limitation, any guardian ad litem, attorney appointed by the court 39 to represent a child, custody evaluator, mediator or employee of 40 the court, shall, in addition to any other required training, 41 complete training relating to domestic violence and child abuse. 42 2. The training required by subsection 1 must comply with 43 the applicable requirements of the Violence Against Women Act 44 – 5 – - *SB275* Reauthorization Act of 2022, Pub. L. No. 117-103, 34 U.S.C. §§ 1 12291 et seq., including, without limitation: 2 (a) The number of hours of initial training and ongoing 3 training a person subject to the requirements of subsection 1 must 4 complete; 5 (b) The standards applicable to the training required by 6 subsection 1; and 7 (c) The qualifications required of a person who provides the 8 training required by subsection 1. 9 3. As used in this section, “judge” means a judge of the 10 district court and any other officer of the Judicial Branch of this 11 State, including, without limitation, a magistrate, master or 12 referee. 13 Sec. 8. This act becomes effective on July 1, 2025. 14 H