Existing law authorizes an agent or officer of a law enforcement agency, an officer of the local juvenile probation department or the local department of juvenile services, or a designee of an agency which provides child welfare services to place a child in protective custody: (1) with the consent of the parent or legal guardian of the child; or (2) under certain circumstances indicating that the child is in need of protection from injury, abuse or neglect. (NRS 432B.390) Under existing law, within 72 hours after the placement of a child in protective custody, a court is required to hold a hearing to determine whether the child should remain in protective custody and, if so, where the child will be temporarily placed. (NRS 432B.470, 432B.480) If the court orders that the child remain in protective custody, existing law requires the agency which provides child welfare services to file a petition alleging that the child is in need of protection, unless good cause exists not to file such a petition. (NRS 432B.490) Within 30 days after the filing of such a petition, existing law requires the court to hold a hearing to determine the custody and placement of the child. (NRS 432B.530, 432B.550) Existing law requires the court to review such a placement at least semiannually and within 90 days after a request by a party to any of the prior proceedings. (NRS 432B.580) Section 2 of this bill requires an agency which provides child welfare services to provide or deny consent to medical or mental health treatment for a child who is in the custody of the agency within 14 days after such consent is requested. If the consent of any other person or entity or a court order is required before such a child may receive medical or mental health treatment, section 2 requires the agency which provides child welfare services to: (1) make reasonable efforts to obtain such consent or a court order within 14 days after the agency which provides child welfare services becomes aware of the need for treatment; and (2) notify the person or entity with whom the child is placed within 1 business day after obtaining the consent or order or the denial of the consent or order, as applicable. Existing law authorizes a court to: (1) temporarily place a child who is in protective custody with certain relatives, pending a hearing on a petition alleging that the child is in need of protection; and (2) place a child with a relative or fictive kin at such a hearing. (NRS 432B.480, 432B.550) Sections 3, 11, 12 and 14 of this bill authorize a court to place a child with a relative or fictive kin or continue such a placement only if the court determines that the placement is in the best interests of the child after considering certain factors relating to the ability of the relative or fictive kin to meet the needs of the child. Sections 4, 5, 8-10 and 17 of this bill make conforming changes to indicate the applicability of certain provisions that apply generally to child welfare proceedings generally to section 3. Section 12 revises, from 1 year after the initial placement of a child who has been adjudicated to be in need of protection outside the home to 6 months after such placement, the authorized length of time for a search for a relative with whom to place the child. Existing law requires an agency which provides child welfare services, any other person or entity that places a child in protective custody, or a court, to place a child who is in protective custody or has been adjudicated to be in need of protection together with siblings whenever possible. (NRS 432B.390, 432B.3905, 432B.550) Sections 6, 7 and 12 of this bill provide that this requirement does not apply where the child has abused or has been abused by a sibling. Existing law defines “fictive kin” to mean a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child. (NRS 432B.0657) Section 9 clarifies that a court is authorized to revoke the appointment of a fictive kin as an educational decision maker if the person no longer has a significant emotional and positive relationship with the child. Section 14 requires a court that is reviewing the placement of a child with a fictive kin to determine whether the person continues to have a significant emotional and positive relationship with the child. Existing federal law establishes certain programs to provide grants of money to states for certain purposes related to foster care, adoption assistance and other child welfare programs. (42 U.S.C. §§ 621 et seq.; 42 U.S.C. §§ 670 et seq.) To be eligible for such grants, existing federal law requires a state to have a plan for the provision of child welfare services that satisfies certain requirements, including, without limitation, the development of a case plan for each child receiving assistance under the plan and a “case review system” with respect to such a child. (42 U.S.C. § 622(b)(8)(A)(ii); 42 U.S.C. § 671(a)(16); 42 U.S.C. § 675(5)) Under existing federal law, the “case review system” set forth in a state plan is required to include, without limitation, a requirement that the State file a petition to terminate the parental rights of the parents of a child if the child has been in foster care under the responsibility of the State for 15 of the most recent 22 months, unless certain exceptions apply. (42 U.S.C. § 675(5)(E)) Section 16 of this bill requires an agency which provides child welfare services to file such a petition within that time period. Sections 13, 15 and 18 of this bill accordingly revise certain provisions related to the termination of parental rights to apply where a child has been placed outside of the home and resided outside of the home pursuant to that placement for 15 months of any 22 consecutive months, rather than for 14 of any 20 consecutive months.

Statutes affected:
As Introduced: 432B.250, 432B.260, 432B.390, 432B.3905, 432B.420, 432B.462, 432B.4675, 432B.480, 432B.550, 432B.553, 432B.580, 432B.590, 432B.5901, 49.295, 128.109
BDR: 432B.250, 432B.260, 432B.390, 432B.3905, 432B.420, 432B.462, 432B.4675, 432B.480, 432B.550, 432B.553, 432B.580, 432B.590, 432B.5901, 49.295, 128.109