Existing law authorizes the appointment of a master or special master to perform certain limited duties in certain proceedings, including family law, juvenile justice and traffic proceedings and certain proceedings in a justice or municipal court. (NRS 3.2201, 3.405, 4.357, 5.0245, 33.019, 62B.020, 62B.030, 126.111, 129.080, 159A.0615, 425.381, 432B.455) Sections 3-24, 31-35, 40, 42-47, 52-63, 65, 66, 69-71 and 79 of this bill replace the term “master” with the term “judicial officer” when used to refer to a judicial official who performs those duties. Sections 1, 26, 38 and 67 of this bill define the term “judicial officer” for certain purposes and sections 2, 28, 39 and 68 of this bill establish the applicability of those definitions. Sections 32, 42, 43, 46-48, 54 and 70 of this bill authorize a court to designate a different title to a person appointed as a judicial officer so long as the title does not include the term “master.” Section 4 makes an additional clarifying change regarding the appointment of judicial officers. Sections 37, 41, 48, 50, 51 and 72-78 of this bill make various other changes so that a judicial officer retains all of the duties, privileges and protections that such a person currently has while functioning under the title “master.”
Existing law establishes procedures for the transfer of proceedings involving the legal or physical custody of a child, including child welfare proceedings, to a court of another state. (NRS 125A.315, 125A.355, 125A.365) Section 27 of this bill similarly establishes a procedure for the transfer of child welfare proceedings to a different court in this State. Section 27 requires: (1) the originating court and the receiving court to hold a joint hearing on the potential transfer; and (2) both courts to conclude that the transfer would be in the best interests of the child who is the subject of the proceedings before the transfer may occur. Section 36 of this bill makes a conforming change to include a reference to section 27 where appropriate. Sections 29 and 49 of this bill prohibit a person from invoking certain privileges during a proceeding concerning such a transfer.
Existing law: (1) authorizes an attorney to represent a parent or other person responsible for the welfare of a child who is alleged to have abused or neglected the child at all stages of child welfare proceedings concerning the child; and (2) requires a court to appoint an attorney to represent a child who is alleged to have been abused or neglected at all stages of such proceedings. An appointed attorney is entitled to the same compensation and payment for expenses as an attorney, other than a public defender, selected to represent or defend a defendant at any stage of a criminal proceeding. (NRS 432B.420) Section 30 of this bill provides that any parent or other person responsible for the welfare of a child who is taken into protective custody may be represented during a hearing on protective custody, regardless of whether the parent is alleged to have abused or neglected the child. If a petition is filed alleging that a child is in need of protection, section 30: (1) requires the court to appoint an attorney to represent the parent or other person responsible for the welfare of a child who is allegedly responsible for the child being in need of protection upon determining that the parent or other person is indigent, except in certain circumstances; and (2) authorizes the court to appoint an attorney to represent a parent or other person responsible for the welfare of the child who is not allegedly responsible for the child being in need of protection if the court determines that the parent or other person is indigent and appointment of an attorney is in the best interest of the child. Section 30 also provides that an attorney who is appointed to represent a parent or other person responsible for the welfare of a child or a child in a child welfare proceeding is, except in certain circumstances, entitled to compensation and payment for expenses for all reasonable time and expenses spent on the case at a rate not less than the rate an attorney in the same jurisdiction receives for representing a person charged with a misdemeanor.
Existing law authorizes a court to appoint an attorney to represent a child and an indigent parent of a child during any proceeding for terminating or restoring parental rights. Existing law also requires a court to appoint an attorney to represent a child in such a proceeding if the child has been placed outside the home because he or she was deemed to be in need of protection. Such an appointed attorney is entitled to the same compensation and payment for expenses as an attorney, other than a public defender, selected to represent or defend a defendant at any stage of a criminal proceeding. (NRS 128.100) Section 64 of this bill provides that such an appointed attorney is entitled to compensation and payment for expenses for all reasonable time and expenses spent on the case at a rate not less than the rate an attorney in the same jurisdiction receives for representing a person charged with a felony.
Statutes affected: As Introduced: 425.260, 425.295, 425.381, 425.382, 425.3824, 425.3826, 425.3828, 425.383, 425.3832, 425.3834, 425.3836, 425.3838, 425.384, 425.3841, 425.3844, 425.3846, 425.385, 425.3855, 425.470, 425.510, 425.530, 425.540, 425.610, 432B.010, 432B.250, 432B.420, 432B.430, 432B.455, 432B.457, 432B.470, 432B.513, 432B.550, 1.428, 3.001, 3.025, 3.026, 3.2201, 3.405, 3.475, 3.500, 4.357, 5.0245, 33.019, 49.295, 50.175, 50.225, 62A.180, 62A.210, 62B.020, 62B.030, 62B.100, 62B.607, 62F.350, 125B.200, 126.111, 126.121, 126.141, 126.143, 128.100, 129.080, 130.102, 159A.013, 159A.061, 159A.0615, 159A.0617, 200.471, 200.481, 247.540, 250.140, 293.908, 481.091, 483.443, 609.245
Reprint 1: 425.260, 425.295, 425.381, 425.382, 425.3824, 425.3826, 425.3828, 425.383, 425.3832, 425.3834, 425.3836, 425.3838, 425.384, 425.3841, 425.3844, 425.3846, 425.385, 425.3855, 425.470, 425.510, 425.530, 425.540, 425.610, 432B.010, 432B.250, 432B.420, 432B.430, 432B.455, 432B.457, 432B.470, 432B.513, 432B.550, 1.428, 3.001, 3.025, 3.026, 3.2201, 3.405, 3.475, 3.500, 4.357, 5.0245, 33.019, 49.295, 50.175, 50.225, 62A.180, 62A.210, 62B.020, 62B.030, 62B.100, 62B.607, 62F.350, 125B.200, 126.111, 126.121, 126.141, 126.143, 128.100, 129.080, 130.102, 159A.013, 159A.061, 159A.0615, 159A.0617, 200.471, 200.481, 247.540, 250.140, 293.908, 481.091, 483.443, 609.245
As Enrolled: 425.260, 425.295, 425.381, 425.382, 425.3824, 425.3826, 425.3828, 425.383, 425.3832, 425.3834, 425.3836, 425.3838, 425.384, 425.3841, 425.3844, 425.3846, 425.385, 425.3855, 425.470, 425.510, 425.530, 425.540, 425.610, 432B.010, 432B.250, 432B.420, 432B.430, 432B.455, 432B.457, 432B.470, 432B.513, 432B.550, 1.428, 3.001, 3.025, 3.026, 3.2201, 3.405, 3.475, 3.500, 4.357, 5.0245, 33.019, 49.295, 50.175, 50.225, 62A.180, 62A.210, 62B.020, 62B.030, 62B.100, 62B.607, 62F.350, 125B.200, 126.111, 126.121, 126.141, 126.143, 128.100, 129.080, 130.102, 159A.013, 159A.061, 159A.0615, 159A.0617, 200.471, 200.481, 247.540, 250.140, 293.908, 481.091, 483.443, 609.245
BDR: 425.260, 425.295, 425.381, 425.382, 425.3824, 425.3826, 425.3828, 425.383, 425.3832, 425.3834, 425.3836, 425.3838, 425.384, 425.3841, 425.3844, 425.3846, 425.385, 425.3855, 425.470, 425.510, 425.530, 425.540, 425.610, 432B.010, 432B.250, 432B.420, 432B.430, 432B.455, 432B.457, 432B.470, 432B.513, 432B.550, 1.428, 3.001, 3.025, 3.026, 3.2201, 3.405, 3.475, 3.500, 4.357, 5.0245, 33.019, 49.295, 50.175, 50.225, 62A.180, 62A.210, 62B.020, 62B.030, 62B.100, 62B.607, 62F.350, 125B.200, 126.111, 126.121, 126.141, 126.143, 128.100, 129.080, 130.102, 159A.013, 159A.061, 159A.0615, 159A.0617, 200.471, 200.481, 247.540, 250.140, 293.908, 481.091, 483.443, 609.245