1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | S.B. 4 |
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4 | 4 | | |
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5 | 5 | | - *SB4* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL NO. 4–COMMITTEE ON JUDICIARY |
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8 | 8 | | |
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9 | 9 | | (ON BEHALF OF THE DIVISION OF CHILD AND |
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10 | 10 | | FAMILY SERVICES OF THE DEPARTMENT |
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11 | 11 | | OF HEALTH AND HUMAN SERVICES) |
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12 | 12 | | |
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13 | 13 | | PREFILED OCTOBER 8, 2024 |
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14 | 14 | | ____________ |
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15 | 15 | | |
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16 | 16 | | Referred to Committee on Judiciary |
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17 | 17 | | |
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18 | 18 | | SUMMARY—Revises provisions relating to consent to adoption. |
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19 | 19 | | (BDR 11-294) |
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20 | 20 | | |
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21 | 21 | | FISCAL NOTE: Effect on Local Government: No. |
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22 | 22 | | Effect on the State: No. |
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23 | 23 | | |
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24 | 24 | | ~ |
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25 | 25 | | |
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26 | 26 | | EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. |
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27 | 27 | | |
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28 | 28 | | |
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29 | 29 | | AN ACT relating to adoption; authorizing certain caseworkers to |
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30 | 30 | | attest to a consent to a specific adoption under certain |
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31 | 31 | | circumstances; and providing other matters properly |
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32 | 32 | | relating thereto. |
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33 | 33 | | Legislative Counsel’s Digest: |
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34 | 34 | | Existing law establishes provisions governing the adoption of children. (NRS 1 |
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35 | 35 | | 127.010-127.1869) Existing law authorizes an adult to petition a court for the 2 |
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36 | 36 | | adoption of a child and requires written consent to the specific adoption proposed 3 |
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37 | 37 | | by the petition from each legal parent of the child and any legal guardian of the 4 |
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38 | 38 | | child. (NRS 127.030, 127.040) Under existing law: (1) at least two witnesses must 5 |
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39 | 39 | | attest to the consent to a specific adoption; and (2) if neither the petitioner nor the 6 |
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40 | 40 | | spouse of the petitioner is related to the child within the third degree of 7 |
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41 | 41 | | consanguinity, at least one of the two witnesses must be a social worker employed 8 |
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42 | 42 | | by certain agencies. (NRS 127.053) Section 1 of this bill revises this requirement 9 |
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43 | 43 | | by specifying that, in such cases, at least one of the two witnesses must be either a 10 |
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44 | 44 | | social worker or a caseworker employed by certain agencies. 11 |
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45 | 45 | | |
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46 | 46 | | |
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47 | 47 | | |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | |
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52 | 52 | | – 2 – |
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53 | 53 | | |
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54 | 54 | | |
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55 | 55 | | - *SB4* |
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56 | 56 | | THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN |
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57 | 57 | | SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: |
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58 | 58 | | |
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59 | 59 | | Section 1. NRS 127.053 is hereby amended to read as follows: 1 |
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60 | 60 | | 127.053 No consent to a specific adoption executed in this 2 |
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61 | 61 | | State, or executed outside this State for use in this State, is valid 3 |
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62 | 62 | | unless it: 4 |
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63 | 63 | | 1. Identifies the child to be adopted by name, if any, sex and 5 |
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64 | 64 | | date of birth. 6 |
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65 | 65 | | 2. Is in writing and signed by the person consenting to the 7 |
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66 | 66 | | adoption as required in this chapter. 8 |
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67 | 67 | | 3. Is acknowledged by the person consenting and signing the 9 |
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68 | 68 | | consent to adoption in the manner and form required for 10 |
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69 | 69 | | conveyances of real property. 11 |
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70 | 70 | | 4. Contains, at the time of execution, the name of the person or 12 |
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71 | 71 | | persons to whom consent to adopt the child is given. 13 |
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72 | 72 | | 5. Indicates whether the person giving the consent has reason 14 |
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73 | 73 | | to know that the child is an Indian child and, if the person does not 15 |
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74 | 74 | | have reason to know that the child is an Indian child, includes a 16 |
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75 | 75 | | statement that the person will inform the court immediately if, 17 |
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76 | 76 | | before the entry of the order or decree of adoption pursuant to NRS 18 |
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77 | 77 | | 127.150, the person receives information that provides reason to 19 |
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78 | 78 | | know that the child is an Indian child. 20 |
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79 | 79 | | 6. Is attested by at least two competent, disinterested witnesses 21 |
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80 | 80 | | who subscribe their names to the consent in the presence of the 22 |
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81 | 81 | | person consenting. If neither the petitioner nor the spouse of a 23 |
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82 | 82 | | petitioner is related to the child within the third degree of 24 |
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83 | 83 | | consanguinity, then one of the witnesses must be a social worker or 25 |
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84 | 84 | | a caseworker employed by: 26 |
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85 | 85 | | (a) An agency which provides child welfare services; 27 |
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86 | 86 | | (b) An agency licensed in this state to place children for 28 |
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87 | 87 | | adoption; 29 |
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88 | 88 | | (c) A comparable state or county agency of another state; or 30 |
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89 | 89 | | (d) An agency authorized under the laws of another state to 31 |
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90 | 90 | | place children for adoption, if the natural parent resides in that state. 32 |
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91 | 91 | | Sec. 2. This act becomes effective on July 1, 2025. 33 |
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92 | 92 | | |
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93 | 93 | | H |
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