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- 83rd Session (2025)
Assembly Bill No. 227–Assemblymember Miller
CHAPTER..........
AN ACT relating to adoption; repealing, reenacting, revising ,
reorganizing and establishing certain provisions relating to
the adoption of children through agency adoptions, identified
adoptions, close -family adoptions, confirmatory adoptions ,
readoptions and adoptions of children placed in the custody
of agencies which provide child welfare services under
certain circumstances; revising various provisions relating to
the adoption of adults; requiring the Division of Child and
Family Services of the Department of Health and Human
Services to adopt various regulations; directing the
Legislative Counsel to make various organiz ational changes
concerning the placement of certain compacts for adoption in
the Nevada Revised Statutes; providing penalties; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes various procedures relating to the adoption of children.
(Chapter 127 of NRS) Sections 48 -153, 156-215 and 2 39 of this bill remove,
repeal, reenact, revise, reorganize and establish provisions related to the adoption of
children. Specifically, sections 2-153 and 156-215 of this bill make various
changes to provide: (1) general provisions applicable to the adoption of children,
regardless of the type of adoption; (2) provisions governing the adoption of
children in the custody of agencies which provide child welfare servic es; (3)
provisions governing confirmatory adoptions and readoptions; (4) provisions
governing close-family adoptions; and (5) provisions governing agency adoptions,
identified adoptions and adult adoptions.
Sections 2 -46 encompass the general provisions a pplicable to all types of
adoptions. Sections 3 -29 establish various definitions applicable to adoption
proceedings. Section 239 repeals various provisions of general applicability,
including certain provisions related to the State Register of Adoptions, p rovisions
governing adoption procedures, provisions concerning the licensing of child -
placing agencies and provisions related to certain prohibited conduct. Sections 33-
46 reenact similar or revised provisions for the purpose of placement in the general
applicability provisions.
Sections 171-173, 175 -177, 183, 185 -188, 190, 192, 194, 196 -199, 208 -212
and 239 generally remove and repeal various provisions related to the adoption of
children in the custody of agencies which provide child welfare services and close-
family adoptions, thereby retaining the procedures related to agency adoptions and
identified adoptions in chapter 127 of NRS.
Sections 48-105 reenact similar, revised or new provisions for the purpose of
establishing provisions that independently govern adoptions facilitated by agencies
which provide child welfare services.
Additionally, sections 116 -153 reenact similar, revised or new provisions for
the purpose of establishing independent procedures governing close -family
adoptions.
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Sections 108 -111 establish procedures for confirmatory adoptions for the
purpose of authorizing a petitioner to confirm the parentage of a child under certain
circumstances.
Sections 112 and 113 establish procedures for readoption which authorize
certain persons who adopt a child through intercountry adoption to petition the
court to readopt the child.
Existing law establishes the Interstate Compact on the Placement of Children
and the Interstate Compact on Adoption and Medical Assistance. (NRS 127.330,
127.410) Section 236 of this bill directs the Legislative Counsel, in the next reprint
of the Nevada Revised Statutes, to cause the transfer of each Compact to a new
chapter of NRS, respectively.
Finally, existing law authorizes an adult to adopt another adult und er certain
circumstances and establishes various procedural requirements related to such
adoptions. (NRS 127.005, 127.190 -127.210) Sections 193-205 of this bill make
various changes relating to the adoption of adults.
Sections 154, 154.5 and 216-235 of this bill make conforming changes related
to the reorganization of the provisions governing adoption.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 11 of NRS is hereby amended by adding
thereto a new chapter to consist of the provisions set forth as
sections 2 to 46, inclusive, of this act.
Sec. 2. As used in this chapter , chapter 127 of NRS, the
chapter consisting of sections 48 to 105, inclu sive, of this act, the
chapter consisting of sections 107 to 114, inclusive, of this act and
the chapter consisting of sections 116 to 153, inclusive , of this act,
unless the context otherwise requires, the words and terms defined
in section 3 to 29, inclusive, of this act have the meanings ascribed
to them in those sections.
Sec. 3. “Adoption” means a legally recognized procedure
that creates a parent-child relationship.
Sec. 4. “Adoption services” means services provided by a n
agency which provides child welfare services or a child-placing
agency, including, without limitation:
1. Identifying a child for adoption and arranging an
adoption;
2. Securing a specific consent to adoption, relinquishment or
termination of parental rights;
3. Performing a home study on a prospective adoptive parent
and reporting on the home study;
4. Making a determination of the best interest of the child
and the appropriateness of an adoptive placement for the child;
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5. Conducting post-placement monitoring of a case until final
adoption; or
6. Assuming custody and providing child care or any other
social service s pending an alternative placemen t, if made
necessary by a disruption before final adoption.
Sec. 5. “Adult” means a per son who is at least 18 years of
age.
Sec. 6. “Adult adoption” means a type of adoption where the
person being adopted is an adult.
Sec. 7. “Agency adoption” means a type of adoption
performed by an agency which provides child welfare services or a
child-placing agency , where the agency which provides child
welfare services or the child-placing agency:
1. Accepts temporary custody of a child until final adoption;
and
2. Assists in and arranges the placement of a child for
adoption by matching birth parents with adoptive parents and
providing adoption services.
Sec. 8. “Agency which provides child welfare services” has
the meaning ascribed to it in NRS 432B.030.
Sec. 9. “Arrange the placement of a child” means to make
preparations for or bring about any agreement or understanding
concerning the adoption of a child.
Sec. 10. “Best interest of the child” means the legal standard
used to ensure every decision made in the adoption process
prioritizes stability, safety and permanency o f the child to be
adopted.
Sec. 11. “Blind” has the meaning ascribed to it in
NRS 426.082.
Sec. 12. “Child” has the meaning ascribed to it in
NRS 128.0124.
Sec. 13. “Child-placing agency” means a nonprofit
corporation organized pursuant to chapter 82 of NRS and licensed
by the Division to place children for adoption.
Sec. 14. “Child with special needs” means a child for whom
placement with an adoptive parent is, in the opinion of the
Administrator of the Division or the designee of the Administrator,
made more difficult because of the age, race or number of siblings
of the child, or because the child suffers from a severe or chronic
medical, physical, mental or emotional condition.
Sec. 15. “Close-family adoption” means a type of adoption
where a petitioner or the spouse of a petitioner is related to the
child to be adopted within the third degree of consanguinity.
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Sec. 16. “Confirmatory adoption” means a type of adoption
where the petitioner is already a parent of a child either through a
court order or presumptively and is asking the court to confirm
parentage through an adoption or readoption.
Sec. 17. “Division” means the Division of Child and Family
Services of the Department of Health and Human Services.
Sec. 18. “Domestic partner” has the meaning ascribed to it
in NRS 122A.030.
Sec. 19. “Holder of a valid registry identification card”
means a person who holds a valid registry identification card as
defined in NRS 678C.080 that identifies the person as:
1. Exempt from state prosecution for engaging in the medical
use of cannabis; or
2. A designated primary caregiver as defined in
NRS 678C.040.
Sec. 20. “Identified adoption” means an adoption where:
1. None of the prospective adoptive parents are related within
the third degree of consanguinity to the child to be adopted; and
2. The prospective adoptive parents and at least one of the
parents of the child to be adopted are known to each other and
such knowledge was not caused by the actions of a child -placing
agency.
Sec. 21. “Indian child” has the meaning ascribed to it in
NRS 125E.080.
Sec. 22. “Marital partner” means two persons, regardless of
gender, who are at least 18 years of age, not nearer of kin than
second cousins or cousins of the half blood , and not having a
spouse living, who are joined in marriage.
Sec. 23. “Person” means a natural person.
Sec. 24. “Putative parent” means a person who is alleged or
reputed to be a parent of a child but whose parentage has not been
legally established.
Sec. 25. “Readoption” means a type of adoption where the
petitioner has previously obtained an order of adoption on the
child at issue from a court of another country.
Sec. 26. (Deleted by amendment.)
Sec. 27. “Sibling” means each of two or more children
having one or both parents in common.
Sec. 28. “Spouse” means a marital partner, domestic
partner, civil partner, registered partner, reciprocal beneficiary or
other partner who has the same rights, protections and benefits,
and is subject to the same responsibilities, obligations and duties
under law, whether derived from statute, regulation, court rule,
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administrative policy, common law or any other provision or
source of authority, as are granted to and imposed upon marital
partners.
Sec. 29. “Third degree of consanguinity” means the familial
relationship between two persons who share a common ancestor
within three generations, including, without limitation, a parent ,
stepparent, sibling, grandparent, great -grandparent, aunt or
uncle.
Sec. 30. The requirements prescribed by sections 32 to 46,
inclusive, of this act are applicable to:
1. Agency adoptions, identified adoptions and, as applicable,
adult adoptions governed by chapter 127 of NRS;
2. Adoptions of children who are placed with agencies which
provide child welfare services governed by the chapter consisting
of sections 48 to 105, inclusive, of this act;
3. Confirmatory adoptions and readoptions governed by the
chapter consisting of sections 107 to 114, inclusive, of this act;
and
4. Close-family adoptions governed by the chapter consisting
of sections 116 to 153, inclusive, of this act.
Sec. 31. (Deleted by amendment.)
Sec. 32. An order of adoption and decree of adoption are
both final judgments from judicial proceedings of a court granting
a petition for adoption.
Sec. 33. 1. The Division shall maintain the State Register
for Adoptions, which is hereby established, in its central office to
provide in formation to identify adults who were adopted and
persons related to them within the third degree of consanguinity.
2. The State Register for Adoptions consists of:
(a) Names and other information, which the Administrator of
the Division deems to be nec essary for the operation of the
Register, relating to persons who have relinquished a child for
adoption or have consented to the adoption of a child, or whose
parental rights have been terminated by a court of competent
jurisdiction, and who have submitte d the information voluntarily
to the Division;
(b) Names and other necessary information of persons who
are 18 years of age or older, who were adopted and who have
submitted the information voluntarily to the Division; and
(c) Names and other necessary information of persons who are
related within the third degree of consanguinity to adopted
persons, and who have submitted the information voluntarily to
the Division.
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Any person whose name appears in the Register may withdraw
it by requesting in writing that it be withdrawn. The Division shall
immediately withdraw a name upon receiving a request to do so,
and may not thereafter release any information to identify that
person, including the information that such a name was ever in
the Register.
3. Except as otherwise provided in subsection 4, the Division
may release information:
(a) About a person related within the third degree of
consanguinity to an adopted person; or
(b) About an adopted person to a person related within the
third degree of consanguinity,
if the names and information about both persons are contained
in the Register and written consent for the release of such
information is given by the parent.
4. An adopted person may, by submitting a written request to
the Division, restrict the release of any information concerning the
adopted person to one or more categories of relatives within the
third degree of consanguinity.
Sec. 34. Except as otherwise provided in NRS 125E.270, the
district courts of this State have original juri sdiction in adoption
proceedings.
Sec. 35. The same petitioners may, in one petition, petition
for the adoption of two or more children, if the children are
siblings.
Sec. 36. All petitions, reports and orders in adoption
proceedings shall be entitled only in the names of the adopting
parties.
Sec. 37. 1. Except as otherwise provided in NRS 239.0115,
all hearings held in proceedings under this chapter, chapter 127 of
NRS, the chapter consisting of sections 48 to 105, inclusive, of this
act, the chapter consisting of sections 107 to 114, inclusive, of this
act and the chapter consisting of sections 11 6 to 153, inclusive, of
this act are confidential and must be held in closed court, without
admittance of any person other than the petitioners, their
witnesses, the director of an agency which provides child welfare
services or a child -placing agency, or their authorized
representatives, attorneys and persons entitled to notice by this
chapter, chapter 127 of NRS, the chapter consisting of sections 4 8
to 105, inclusive, of this act, the chapter consisting of sections 10 7
to 114, inclusive, of this act and the chapter consisting of sections
116 to 153, inclusive, of this act, except by order of the court.
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2. The files and records of the court in adoption p roceedings
are not open to inspection by any person except:
(a) Upon an order of the court expressly so permitting
pursuant to a petition setting forth the reasons therefor;
(b) If a parent and the child are eligible to receive information
from the State Register for Adoptions pursuant to section 33 of
this act; or
(c) As provided pursuant to subsections 3 to 6, inclusive.
3. An adoptive parent who intends to file a petition pursuant
to NRS 127.1885 or 127.1895 or section 94, 96, 150 or 152 of this
act, as applicable, to enforce, modify or terminate an agreement
that provides for postadoptive contact may inspect only the
portions of the files and records of the court concerning the
agreement for postadoptive contact.
4. A parent who intend s to file a petition pursuant to NRS
127.1885 or section 94 or 150 of this act, as applicable, to prove
the existence of or to enforce an agreement that provides for
postadoptive contact or to file an action pursuant to NRS 41.509
may inspect only the port ions of the files or records of the court
concerning the agreement for postadoptive contact.
5. Upon the request of a sibling or adoptive child who wishes
to enforce, modify or terminate an order for visitation included in
an order of adoption pursuant to NRS 127.2827 or section 105 of
this act, as applicable, the court shall provide the case num ber of
the adoption proceeding to the sibling and allow the sibling to
inspect only the portions of the files or records of the court
concerning the order for visitation.
6. The portions of the files and records which are made
available for inspection by an adoptive parent, parent or sibling
pursuant to subsection 3, 4 or 5 must not include any confidential
information, including, without limitation, any information that
identifies or would lead to the identification of a parent if the
identity of the par ent is not included in the agreement for
postadoptive contact or order for visitation, as applicable.
Sec. 38. 1. Upon the entry of an order of adoption, the
child shall become the legal child of the persons adopting the
child, and they shall become the child’s legal parents with all
the rights and duties between them of parents and child.
2. By virtue of an adoption, the child shall inherit from the
adoptive parents or their relatives the same as though the child
were the biological child of such parents and, in case of the death
of the child intestate, the adoptive parents and their relatives shall
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inherit the child’s estate as if they had been the child’s biological
parents and relatives.
3. After a parent has executed a specific consent to adoption
or relinquishment or the parental rights of the parent have been
terminated, and the court has entered an order of adoption:
(a) The parent is relieved of all parental responsibilities for the
adopted child and shall not exercise or have any rights over the
adopted child or the property of the adopted child; and
(b) The child does not owe the parent any legal duty and may
not inherit from that parent or a relative of that parent.
4. Notwithstanding any other provisions to the contrary in
this section, the adoption of a child does not in any way change
the status of the relationship between the child and any parent
who is a petitioner and whose parental rights have not been
terminated.
Sec. 39. Any person against whom any order or judgment is
made or who is affected thereby may appeal to the appellate court
of competent jurisdiction pursuant to the rules fixed by the
Supreme Court pursuant to Section 4 of Article 6 of the Nevada
Constitution from any order or judgment of the district court made
under the provisions of this chapter , chapter 127, the chapter
consisting of sections 4 8 to 105, inclusive, of this act, the chapter
consisting of sections 10 7 to 114, inclusive, of this act and the
chapter consisting of sections 11 6 to 153, inclusive, of this act, in
the same manner as in other civil proceedings.
Sec. 40. 1. Except as otherwise provided in this section, a
person or entity may not place, arrange the placement of, or assist
in placing or in arranging the placement of, any child for adoption
without securing and having in full force a license to operate a
child-placing agency issued by the Division. This subsection
applies to agents, servants, physicians and attorneys of parents or
guardians, as well as to other persons and entities.
2. This section does not prohibit a parent or guardian from
placing, arranging the placement of, or assisting in placing or in
arranging the placement of, any child for adoption if the
placement is made pursuant to NRS 127.280, 127.2805 or
127.2815 or section 100 of this act.
3. This section does not prohibit an agency which provides
child welfare services from placing, arranging the placement of,
or assisting in placing or in arranging the placement of, any child
for adoption.
4. This section does not prohibit a person or entity, including
a person acting in the professional capacity of the person, from
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sharing information regarding an adoption if money or other
valuable consideration is not paid:
(a) For such information; or
(b) For a ny other service related to the adoption that is
performed after sharing the information.
Sec. 41. 1. The application for a license to operate a child -
placing agency must be in a form prescribed by the Division. The
license must state to whom it is issu ed and the fact that it is
effective for 1 year from the date of its issuance.
2. The issuance by the Division of a license to operate a
child-placing agency must be based upon reasonable and
satisfactory assurance to the Division that the application for such
license will conform to the standards established and the
regulations adopted by the Division pursuant to NRS 127.230 and
section 98 of this act.
3. When the Division is satisfied that a licensee is conforming
to such standards and regulations, it shall renew the license, and
the license so renewed continues in force for 1 year from the date
of renewal.
Sec. 42. 1. After notice and a hearing, the Division may:
(a) Refuse to issue a license if the Division finds that the
applicant does not meet the standards established and the rules
prescribed by the Division for child-placing agencies.
(b) Refuse to renew a license or may revoke a license if the
Division finds that the child -placing agency has refused or failed
to meet any of the established s tandards or has violated any of the
rules prescribed by the Division for child-placing agencies.
2. A notice of the time and place of the hearing must be
mailed to the last know n address of the applicant or licensee at
least 15 days before the date fixed for the hearing.
3. When an order of the Division is appealed to the district
court, the trial may be de novo.
Sec. 43. 1. Any attorney licensed to practice in this State or
in any other state:
(a) May not receive compensation for:
(1) Taking part in finding children for adoption; or
(2) Finding parents to adopt children.
(b) May receive a reasonable compensation for legal services
provided in relation to adoption proceedings.
2. A child -placing agency shall report any violation of
subsection 1 to the State Bar of Nevada , if the alleged violator is
licensed to practice in this State, or to the bar association of the
state in which the alleged violator is licensed to practice.
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3. Any person who violates the provisions of subsection 1 is
guilty of a misdemeanor.
Sec. 44. 1. Except as otherwise provided in sections 43 and
99 of this act, a person or entity who does not have in full force a
license to operate a child -placing agency may not request or
accept, directly or indirectly, any compensation or thing of value
for placing, arranging the placement of, or assisting in placing or
arranging the placement of, any child for adoption.
2. A child -placing agency may accept fees for operation al
expenses.
Sec. 45. 1. Except as otherwise provided in NRS 200.463 to
200.465, inclusive, and sections 43 and 99 of this act, a person or
entity who, without holding a valid license to operate a child -
placing agency issued by the Division, requests or receives,
directly or indirectly, any compensation or thing of value for
placing, arranging the placement of, or assisting in placing or
arranging the placement of , any child for adoption is guilty of a
category D felony and shall be punished as provided in
NRS 193.130.
2. The parents and the adopting parents are not accomplices
for the purpose of this section.
Sec. 46. 1. Except as otherwise provided in this section and
sections 40 and 43 of this act, it is unlawful for any person or
entity other than an agency which provides child welfare services
or a child-placing agency to place, arrange the placement of, or
assist in placing or in arranging the placement o f, any child for
adoption.
2. Except as otherwise provided in this section, it is unlawful
for any person or entity to place an advertisement or offer to the
public, by any medium, that a child is available for adoption or
that a child is sought for adoption.
3. Subject to subsection 4, a child -placing agency may place
an advertisement in this State that:
(a) A child is offered or wanted for adoption; or
(b) The child-placing agency is able to place, locate or receive
a child for adoption.
4. A child-placing agency shall include in any advertisement
concerning its services a statement which:
(a) Confirms that the child -placing agency holds a valid,
unrevoked license issued by the Division;
(b) Indicates any license number issued to the child -placing
agency by the Division; and
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(c) Indicates that only child -placing agencies licensed in this
State may legally provide adoption services under the laws of this
State.
5. It is unlawful for any person or entity who purchases
advertising space or pur chases broadcast time for the purpose of
advertising adoption services to fail to include in any publication
or fail to include in the broadcast for such advertisement the
license number in this State of the child -placing agency or agency
which provides ch ild welfare services placing the advertisement.
This section applies to paid and unpaid advertisements.
6. An agency which provides child welfare services and a
child-placing agency may publish on an Internet website or in any
newspaper published in this State or broadcast by television a
photograph of and relevant personal information concerning any
child for whom an adoptive resource is needed.
7. A person or entity who violates the provision s of this
section is guilty of a category E felony and shall be punished as
provided in to NRS 193.130.
8. A periodical, newspaper, radio station, Internet website or
other public medium is not subject to any criminal penalty or civil
liability for disseminating an advertisement that violates the
provisions of this section.
9. As used in this section:
(a) “Advertise” or “advertisement” means a communication
that originates within this State by any public medium, including,
without limitation, a newspaper, periodical, article, notice,
magazine, telephone book li sting, outdoor advertising, billboard,
sign, radio, television or computerized communication system,
including, without limitation, electronic mail, an Internet website
or an Internet account, or any similar media.
(b) “Internet account” means an account created within a
bounded system established by an Internet -based service that
requires a user to input or store information in an electronic
device in order to view, create, use or edit the account information,
profile, display, communications or stored data of the user.
Sec. 47. Title 11 of NRS is hereby amended by adding thereto
a new chapter to consist of the provisions set forth as sections 48 to
105, inclusive, of this act.
Sec. 48. As used in this chapter, unless the context otherwise
requires, th e words and terms defined in sections 49 to 55,
inclusive, of this act, have the meanings ascribed to them in those
sections.
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Sec. 49. “Foster home” has the meaning ascribed to it in
NRS 424.014.
Sec. 50. “Home study” means the investigation of a
prospective adoptive parent or parents to determine the suitability
of the prospective adoptive home pursuant to section 100 of this
act.
Sec. 51. “Parent” means a person:
1. Who is a biological or legal parent of a child whose
parental rights have not been terminated by a court order or
execution of a specific consent to adoption or relinquishment;
2. Who is a putative parent or proven parent of a child;
3. Who is presumed to be the parent of a child;
4. Whose paternity or parentage has been established
pursuant to chapter 126 of NRS; or
5. Whose parentage has been confirmed by a court order.
Sec. 52. (Deleted by amendment.)
Sec. 53. “Prospective adoptive parent” means a person who
has been identified by an agency which provides child welfare
services as an adoptive resource but whose adoption petition has
not been granted by the court.
Sec. 54. “Relinquishment” means a document executed by a
person pursuant to this chapter which:
1. Voluntarily terminates the parental rights of the person in
the child to be adopted; and
2. Places the child with an agency which provides child
welfare services for adoption.
Sec. 55. “Specific consent to adoption” means a document
executed pursuant to this chapter by a parent whose rights have
not been relinquished or terminated, which authorizes the child to
be adopted by a specifically named person or persons, and
provides for the retention of the parental rights until the final
adoption.
Sec. 56. In addition to the requirements prescribed in the
chapter consisting of sections 2 to 46, inclusive, of this act, the
provisions of this chapter govern the adoption of children who are
in the custody of an agency which provides child welfare se rvices
pursuant to chapter 432B of NRS.
Sec. 57. The Division shall establish a Register of Children
with Special Needs. The Register must include descriptive
information on every child with special needs for whom a
prospective adoptive parent is not identified within 3 months after
the child becomes available for adoption, but must not include any
personal information which reveals the identity of the child or the
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child’s parents. A copy of the Register must be made available for
review by prospective adoptive parents at each office of the
Division.
Sec. 58. 1. The Division shall prepare a booklet on
adoption in this State which includes the following information:
(a) The legal basis of adoption;
(b) The purpose of adoption;
(c) The process of adoption;
(d) The number of children who are waiting to be adopted,
including statistical information regarding:
(1) The gender and ethnic background of the children who
are waiting to be adopted;
(2) The number of children placed in foster homes who ar e
waiting to be adopted;
(3) The number of children with special needs who are
waiting to be adopted; and
(4) The number of siblings who are waiting to be adopted;
(e) The name and location of agencies in this State that place
children with adoptive parents;
(f) The number of prospective adoptive parents;
(g) A comparison of this State to the surrounding states
regarding the placement of children with adoptive parents;
(h) A comparison of the Division to other agencies in this State
regarding the placement of children with adoptive parents; and
(i) Any subsidies, assistance and other services that may be
available to adoptive parents and prospective adoptive parents,
including, without limitation, services for children with special
needs.
2. The Division shall:
(a) Revise the information in the booklet annually; and
(b) Distribute the booklet to persons and organizations whose
patients or clients are likely to become involved with the process of
adoption in this State. The booklet must also be di stributed to
prospective adoptive parents and parents considering
relinquishing for or consenting to adoption.
3. The Division may accept gifts or grants to assist in the
production and distribution of the booklet.
Sec. 59. 1. Except as otherwise provided in chapter 125E of
NRS and sections 64, 74, 80 and 86 to 90, inclusive, of this act, a
child of whom this State:
(a) Is the home state on the date of the commencement of the
proceeding; or
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(b) Was the home state within 6 months before the
commencement of the proceeding,
may not be adopted except upon an order of a district court in
this State.
2. As used in this section, “home state” means:
(a) The state in which a child lived for at least 6 consecutive
months, including any temporary absence from the state, such as a
placement outside of the state through the Interstate Compact on
the Placement of Children pursuant to NRS 127.320 to 127.350,
inclusive, immediately before the commencement of a proceeding;
or
(b) In the case of a child less than 6 months of age, the state in
which the child lived from birth, including any temporary absence
from the state.
Sec. 60. 1. Except as otherwise provided in subsection 2:
(a) A child in the custody of an agency which provides child
welfare services may be adopted by one or more adults with whom
the child is placed by the agency which provides child welfare
services and subject to the rules prescribed by this chapter;
(b) A person adopting a child must be at least 10 years old er
than the person adopted; and
(c) If the child is over the age of 14 years, the child must agree
to the adoption.
2. A court may approve the adoption of a child without regard
to the age difference of the child and a prospective adoptive parent
if:
(a) The prospective adoptive parent is related to the child
within the third degree of consanguinity; and
(b) The court is satisfied that it is in the best interest of the
child.
Sec. 61. Compliance with the requirements of the Interstate
Compact on the Placement of Children pursuant to NRS 127.320
to 127.350, inclusive, may be performed by an agency which
provides child welfare services or an attorney licensed to practice
law in this State.
Sec. 62. 1. One or more adults may petition the district
court of any county in this State for leave to adopt a child.
2. Except as otherwise provided in subsection 5, a married
person not lawfully separated from a spouse may not adopt a child
without the agreement of the spouse, if such spouse is capable of
giving such agreement to the adoption.
3. If a spouse agrees to an adoption as described in
subsection 2, such agreement does not establish any parental
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rights or responsibilities on the part of the spouse unless the
spouse:
(a) Has, in a writing filed with the court, specifically agreed to:
(1) Adopting the child; and
(2) Establishing parental rights and responsibilities; and
(b) Is named as an adoptive parent in the order of adoption.
4. The court shall not name a spouse who agrees to an
adoption as described in subsection 2 as an adoptive parent in an
order of adoption unless:
(a) The spouse has filed a writing with the court as described
in paragraph (a) of subsection 3; and
(b) The home of the spouse is suitable for the child as
determined by a p ost-placement investigation pursuant to
section 75 of this act and a home study investigation pursuant to
section 100 of this act.
5. The court may dispense with the requirement for the
agreement of a spouse who cannot be located after a diligent
search or who is determined by the court to lack the capacity to
agree. A spouse for whom the requirement was dispensed
pursuant to this subsection must not be named as an adoptive
parent in an order of adoption.
6. The court may determine that a child has a l egal
relationship with more than two persons who petition for the
adoption of the child pursuant to this section.
Sec. 63. Except as otherwise provided in section 72 of this
act, a specific consent to adoption proposed by a petition for
adoption of a child is required from:
1. Each parent of the child who is alive and whose parental
rights have not been terminated or relinquished; and
2. Any legal guardian of the person of the child appointed by
a court of competent jurisdiction.
Sec. 64. 1. If a petition for adoption of a child concerns the
adoption of an Indian child, unless the parental rights of the
Indian child’s parents have been terminated, consent in writing to
the adoption must be given by the Indian child’s parents. Such
written consent must be filed with the court.
2. An Indian child’s parent may consent to the adoption of
the Indian child at any time not less than 10 days following the
date of the Indian child’s birth by executing the consent in person
or by remote appearance before the court on the record.
3. Before the execution of a parent’s consent under
subsection 2, the court must explain to the parent on the record in
detail and in the language of the parent:
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(a) The right to legal counsel;
(b) The terms and consequences of the consent in detail; and
(c) That at any time before the entry of the order of adoption,
the parent may withdraw consent for any reason and petition the
court to have the child returned.
4. After the execution of a parent’s consent under subsection
2, the court shall certify that the court made the explanation under
subsection 3 and that the parent fully understood the explanation.
5. At any time before the entry of an order of adoption, an
Indian child’s parent may withdraw the parent’s consent under
this section. The withdrawal of consent must be made by filing a
written withdrawal with the court or by making a statement of
withdrawal on the record in the adoption proceeding. Upon entry
of the withdrawal of consent, the court must promptly notify the
person or entity that arranged the adoptive placement to regain
custody and control of the Indian child. A parent who withdraws
consent may petition the court for the return of the child.
6. As used in this section, “parent” has the meaning ascribed
to it in NRS 125E.130.
Sec. 65. An agency which provides child welfare services
may accept a specific consent for adoption or relinquishment.
Sec. 66. An agency which provides child welfare services to
which a child has been ordered or relinquished for adoption shall
be responsible for the care of the child in its custody, an d shall be
entitled to the custody and control of the child at all times until a
petition for adoption has been granted.
Sec. 67. 1. Each agency which provides child welfare
services that, pursuant to section 65 of this act, accepts a
relinquishment shall make all necessary inquiries to determine
whether the child is an Indian child. If it is determined that the
child is an Indian child and that the child is a ward of a tribal
court, resides on a reservation or is domiciled on a reservation, the
agency which provides child welfare services shall so notify the
child’s tribe in writing.
2. The Division shall adopt regulations establishing
reasonable and uniform standards for making the necessary
inquiries to determine whether a child is an Indian child.
3. For the purposes of this section, the domicile of an Indian
child must be determined in accordance with federal common law.
Sec. 68. 1. A specific consent to adoption or relinquishment
executed in this State, or executed outside this State for use in this
State, is not valid unless it:
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(a) Identifies the child to be adopted by name, if any, sex and
date of birth;
(b) Is in writing; and
(c) Is acknowledged by the person signi ng the specific consent
to adoption or relinquishment before a judge or a clerk of the
court having a seal, a notary public or a justice of the peace.
(d) Contains, at the time of execution:
(1) For a specific consent to adoption, the name of the
person or persons to whom specific consent to adopt the child is
given; or
(2) For a relinquishment, the name of the agency which
provides child welfare services.
(e) Indicates whether the person giving the consent has reason
to know that the child is an Indian child and, if the person does
not have reason to know that the child is an Indian child, includes
a statement that the person will inform the court immediately if,
before the entry of the or der of adoption pursuant to section 79 of
this act, the person receives information that provides reason to
know that the child is an Indian child.
(f) Except as otherwise provided in subsection 2, is attested by
at least two competent, disinterested witn esses who subscribe their
names to the specific consent to adoption or relinquishment in the
presence of or by remote appearance with the signing parent. One
of the witnesses must be:
(1) If the signing is occurring in this State, an employee of
the agency which provides child welfare services; or
(2) If the signing is occurring in another state, a person
authorized in that state to witness o r accept a specific consent to
adoption or relinquishment.
2. A social worker employed by an agency which provi des
child welfare services may remotely witness the execution of a
specific consent to adoption or relinquishment by a parent of the
child to be adopted who resides in another state.
Sec. 69. 1. Any or all of the attesting witnesses to any
relinquishment may make and sign an affidavit before any person
authorized to administer oaths in this State, stating such facts as
they would be required to testify to in court to prove the due
execution of the relinquishment. The affidavit must be written on
the reli nquishment or, if that is impracticable, on some paper
attached thereto. The sworn statement of any witness so taken
must be accepted by the court in any action or proceeding relating
to the validity or due execution of the relinquishment as if it had
been taken before the court.
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2. The affidavit described in subsection 1 may be
substantially in the following form:
State of Nevada }
}ss.
County of ........................... }
(Date) .................................
Then and there personally appeared the within -named
................ and ................, who, being duly sworn, depose
and say: That they witnessed the execution of the within
relinquishment by ................ (name of person or persons
relinquishing); that they subscribed the relinquishment and
declared the same to be a voluntary relinquishm ent in their
presence; that at the time the relinquishment was executed
it contained the name of the agency to which
relinquishment was made; that they thereafter subscribed
the same as witnesses in the presence of ................ (name of
person or perso ns relinquishing) and in the presence of
each other and at the request of ................ (name of person
or persons relinquishing) that at the time of the execution of
the relinquishment ................ (name of person or persons
relinquishing) acknowle dged to them that they were, and
they appeared to them to be, in full possession of their
faculties and not under the influence of any drug or
sedative that could impact their reasoning or judgment or
subject to any duress, fear, menace, compulsion or undu e
influence whatever; and that they make this affidavit at
their request.
...................................................
...................................................
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
......................................................
Notary Public
Sec. 70. 1. Any or all of the attesting witnesses to any
specific consent to adoption may make and sign an affidavit before
any person authorized to administer oaths in this State, stating
such facts as they would be required to testify to in court to prove
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the due execution of the specific consent to adoption. The affidavit
must be written on the specific consent to adoption or, if that is
impracticable, on some paper attached thereto. The sworn
statement of any witness so taken must be accepted by the court in
any action or proceeding relating to the validity o r due execution
of the specific consent to adoption as if it had been taken before
the court.
2. The affidavit described in subsection 1 may be
substantially in the following form:
State of Nevada }
}ss.
County of ........................... }
(Date) .................................
Then and there personally appeared the within -named
................ and ................, who, being duly sworn, depose
and say: That they witnessed the execution of the within
specific consent to adoption by ................ (name of person
or persons giving consent); that they subscribed the specific
consent to adoption and declared the same to be a voluntary
specific consent to adoption in their presence; that at the
time the specific consent to adoption was executed it
contained the name of the person or persons to whom
specific consent was thereby given to adopt the child; that
they thereafter subscribed the same as witnesses in the
presence of ................ (name of person or persons giving
consent) and in the presence of each other and at the
request of ................ (name of person or persons giving
consent) that at the time of the execution of the consent to
adoption ................ (name of person or persons giving
consent) acknowledged to them that they were, and they
appeared to them to be, in full possession of their faculties
and not under the influence of any drug or sedative that
could impact their reasoning or judgment or subject to any
duress, fear, menace, compulsion or undue influence
whatever; and that they make this affidavit at their request.
...................................................
...................................................
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Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
......................................................
Notary Public
Sec. 71. 1. A minor parent may execute a specific consent
to adoption or relinquishment without a requirement for
notification to or consent by the parent or parents of the minor.
2. A specific consent to adoption or relinquishment executed
by a minor parent cannot be revoked or nullified based upon a
minor parent becoming an adult.
3. A specific consent to adoption or relinquishment cannot be
revoked or nullified by the executing parent unless the specific
consent to adoption or relinquishment was obtained under fraud,
duress or undue influence and the action to void the specific
consent to adoption or relinquishment is brought within 30 days of
execution.
Sec. 72. The execution of a specific consent to adoption or
relinquishment by a parent shall not be necessary:
1. Where parental rights have been terminated by an order of
a court of competent jurisdiction;
2. Upon the death of the parent; or
3. Upon the termination of the parental rights of the parent
through operation of law by a birth father registry operated in
another state.
Sec. 73. 1. A petition for adoption of a child may be filed at
any time after a child is legally free for adoption and upon the
agreement of the agency which provides child welfare services.
2. The petition for adoption must state, in substance, the
following:
(a) The full name and age of the petitioners.
(b) The age of the child sought to be adopted a nd the date that
the child was placed with the petitioners.
(c) That it is the desire of the petitioners that the relationship
of parent and child be established between them and the child.
(d) If the petitioners desire to change the name of the child,
the new name desired.
(e) That the petitioners are fit and proper persons to have the
care and custody of the child.
(f) That the petitioners are financially able to provide for the
child.
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(g) That there has been a full compliance with the law in
regard to termination of parental rights, specific consent to
adoption or relinquishment as to all parents.
(h) That there has been a full compliance with sections 97 to
105, inclusive, of this act.
(i) Whether the petitioners have reason to know that the child
is an Indian child.
(j) That there are no known signs that the child is currently
experiencing victimization from human trafficking, exploitation or
abuse.
(k) Whether an agreement for postadoptive contact has been
entered into by the parent or parents of the child and the
prospective adoptive parent or parents of the child.
(l) Whether there is an order for visitation of a child by a
sibling or other relative.
3. An order of adoption may not be entered unless there has
been full compliance with sections 97 to 105, inclusive, of this act.
Sec. 74. 1. In addition to the requirements set forth in
section 73 of this act, a petition for adoption of a child must
contain:
(a) A declaration under penalty of perjury and documentation,
as described by the regulations adopted by the Division pursuant
to section 89 of this act , of the petitioners ’ good faith efforts
described in subsection 1 of NRS 125E.210 to determine whether
there is reason to know that the child is an Indian child;
(b) A statement as to whether the petitioner has reason to
know that the child is an Indian child; and
(c) If the petitioner has reason to know that the child is an
Indian child:
(1) A declaration under penalty of perjury and
documentation, as described by the regulations adopted by the
Division pursuant to section 89 of this act , showing that the
proposed adoptive placement complies with the requirements
under NRS 127E.350; or
(2) A statement that the petitioner is moving the court
under subsection 3 of NRS 125E.350 for a finding, by clear and
convincing evidence, that good cause exists for alternative
adoptive placement and a statement describing the details
supporting the assertion of the petitioner that good cause exists for
the alternative placemen t, as described in subsection 3 of
NRS 125E.350.
2. A petition for adoption of a child must, if applicable,
request the following:
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(a) A finding that the petitioner complied with the inquiry
requirements under subsection 1 of NRS 125E.210;
(b) A finding of whether there is reason to know that the child
is an Indian child; and
(c) If the court finds that the child is an Indian child:
(1) The determinations required under NRS 125E.250
regarding the Indian child’s residence, domicile and wardship
status;
(2) A finding that the petitioner complied with the notice
requirements under subsection 2 of NRS 125E.220; and
(3) A finding that the adoptive placement complies with the
placement preferences under NRS 125E.350 or, if not, that upon
the petitioner’s motion under subsection 3 of NRS 125E.350, good
cause exists for placement contrary to the placement preferences
in NRS 125E.350.
3. If the petitioner has reason to know that the child is an
Indian child, within 30 days after filing the petition, the petitioner
shall:
(a) Serve copies of the petition by registered or certified mail,
return receipt requested, together with the notice of proceeding in
the form required under subsection 3 of NRS 125E.220, to:
(1) Each tribe of which the Indian child ma y be a member
or in which the Indian child may be eligible for membership;
(2) The appropriate Regional Director of the United States
Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the
identity or location of the child’s parents, Indian cust odian or
tribe cannot be ascertained; and
(3) The appropriate agency which provides child welfare
services.
(b) File a declaration of compliance with the court, including
a copy of each notice sent, together with any return receipts or
other proof of service.
Sec. 75. 1. A petition for adoption of a child must be filed
with the clerk of the court.
2. Unless waived by the court, the agency which provides
child welfare services shall make a post-placement investigation
and report as provided in this section.
3. Except as otherwise provided in this section, an agency
which provides child welfare services shall, not less than 7 days
before the date of the hearing for adoption finalization, submit to
the court a written report regarding the results of the condition of
the child and suitability of the home of the prospective adoptive
parent or parents, which must contain, without limitation, a
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specific recommendation for or against approval of the petition
and a statement of whether the child is a known Indian child, and
shall furnish to the court any other information regarding the
child or proposed home which is required by the court. The court,
on good cause shown, may extend the time, designating a time
certain, within which to submit the report. The agency which
provides child welfare services may waive this report for a
prospective adoptive parent who is related to the child within the
third degree of consanguinity.
4. If the court is dissatisfied with the report submitted by the
agency which provides child welfare services, the court may order
an independent home study to be conducted and a report
submitted by an agency selected by the court. The costs of the
investigation and report may be assessed against the petitioner.
Sec. 76. Notice of the filing of a petition for adoption of a
child must be provided to all legal custodians or guardians of the
child who are not a parent of the child.
Sec. 77. The report of the agency which provides child
welfare services must not be made a matter of public record, but
must be given in writing and in confidence to the district judge
before whom the matter is pending. If the recommendation of the
agency which provides child welfare services is adverse, the
district judge, before denying the petition, shall give the petitioner
an opportunity to rebut the findings and recommendation of the
report of the agency which provides child welfare services.
Sec. 78. 1. Except as otherwise provided in subsection 2,
the pros pective adoptive parent or parents, child to be adopted,
representative of the agency which provides child welfare services
and counsel for the parties may attend by telephone or remote
appearance, in lieu of attending in person, any hearings held by
the court concerning a petition for adoption.
2. The court may waive the attendance of a child to be
adopted for good cause shown.
Sec. 79. 1. If the court finds that the best interest o f the
child warrants the granting of the petition, an order of adoption
must be made and filed, ordering that henceforth the child is the
child of the petitioners. When determining whether the best
interest of the child warrant s the granting of a petition, the court
shall give strong consideration to the emotional bond between the
child and the prospective adoptive parent. A copy of the order must
be sent to the Division by the petitioners within 7 days after the
order is issued. In the order, the court may change the name of the
child, if desired.
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2. Except as otherwise provided in this subsection, an order
of adoption may not be made until 6 months after the placement of
child with the petitioners.
3. If the court is not satisfied that the proposed ado ption is in
the best interest of the child, the court shall deny the petition and
custody of the child shall remain with the agency which provides
child welfare services. The court shall not deny a petition solely
because the petitioner:
(a) Is deaf, is blind or has another physical disability; or
(b) Is the holder of a valid registry identification card.
4. After a petition for adoption has been granted, there is a
presumption that remaining in the home of the adopting parent is
in the best interest of the child.
Sec. 80. 1. An order entered pursuant to section 79 of this
act must include:
(a) A finding that the petitioner complied with the inquiry
requirements under subsection 1 of NRS 125E.210 to determine
whether there is reason to know that the child is an Indian child;
and
(b) A finding that the child is or is not an Indian child.
2. In an adoption of an Indian child, the order must include:
(a) The birth name and date of birth of the Indian child, the
Indian child’s tribal affiliation and the name of the Indian child
after adoption;
(b) If known, the names and addresses of the parents;
(c) The names and addresses of the adoptive parents;
(d) The name and contact information for any agency having
files or information relating to the adoption;
(e) Any information relating to tribal membership or eligibility
for tribal membership of the Indian child;
(f) The determination regarding the Indian child’s residence,
domicile and tribal wardship status as required under
NRS 125E.250;
(g) A finding that the petitioner complied with the notice
requirements under subsection 2 of NRS 125E.220;
(h) If the adoptive placement and the parents entered into a
postadoptive contact agreement or the adoptive placement and the
Indian child’s tribe has en tered into an agreement that requires
the adoptive placement to maintain connection between the child
and the child’s tribe, the terms of the agreement; and
(i) A finding that the adoptive placement complies with the
placement preferences under NRS 125E.3 50 or, if the placement
does not comply with the placement preferences under
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NRS 125E.350, a finding upon the petitioner’s motion under
subsection 3 of NRS 125E.350 that good cause exists for
placement contrary to the placement preferences.
3. For each finding or determination made under this
section, the court must provide a description of the facts upon
which the finding or determination is based.
4. Upon entry of the order of adoption of an Indian child, the
court shall provide to the United States Bureau of Indian Affairs
copies of the order entered pursuant to section 79 of this act, any
affidavit signed by a consenting parent requesting anonymity, and
all other required information in accordance with 25 C.F.R. §
23.140.
Sec. 81. 1. Except as ot herwise provided in subsection 3,
the agency which provides child welfare services shall provide the
prospective adoptive parents of a child with a report which
includes:
(a) A copy of any medical records of the child which are in the
possession of the agency which provides child welfare services.
(b) Any information obtained by the agency which provides
child welfare services during interviews of the parent regarding:
(1) The medical and sociological history of the child and
the parents of the child; and
(2) Any behavioral, emotional or psychological problems
that the child may have. Information regarding any behavioral,
emotional or psychological problems that the child may have must
be discussed in accordance with policies established by an agency
which provides child welfare services pursuant to regulations
adopted by the Division for the disclosure of such information.
(c) Written information regarding any subsidies, assistance
and other services that may be available to the child if it is
determined pursuant to section 85 of this act that the child has any
special needs.
2. The agency which provides child welfare services shall
obtain from the prospective adoptive parents written confirmation
that the prospective adoptive parents have received t he report
required pursuant to subsection 1.
3. The report required pursuant to subsection 1 must exclude
any information that would lead to the identification of the parent.
4. The Division shall adopt regulations specifying the
procedure and format for the provision of information pursuant to
this section, which may include the provision of a summary of
certain information. If a summary is provided pursuant to this
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section, the prospective adoptive parents of the child may also
obtain the information set forth in subsection 1.
Sec. 82. 1. After an order of adoption has been entered, the
court shall direct the petitioner or the attorney of the petitioner to
prepare a report of adoption on a form prescribed and furnished
by the State Registrar of Vita l Statistics or the equivalent office in
the state that issued the birth certificate. The report must:
(a) Identify the original certificate of birth of the person
adopted;
(b) Provide sufficient information to prepare a new certificate
of birth for the person adopted;
(c) Identify the order of adoption; and
(d) Be certified by the clerk of the court.
2. The agency which provides child welfare services shall
provide the petitioner or the attorney of the petitioner with any
factual information which wi ll assist in the preparation of the
report required in subsection 1.
3. If an order of adoption is amended or annulled, the
petitioner or the attorney of the petitioner shall prepare a report to
the State Registrar of Vital Statistics or the equivalent office in the
state that issued the birth certificate , which includes sufficient
information to identify the original order of adoption and the
provisions of that order which were amended or annulled.
4. The petitioner or the attorney of the petitioner sh all
forward all reports required by the provisions of this section to the
State Registrar of Vital Statistics or the equivalent office in the
state in which the birth certificate was issued not later than the 30
days after the date in which the order was e ntered, or more
frequently if requested by the State Registrar of Vital Statistics,
together with any related material the State Registrar of Vital
Statistics may require.
Sec. 83. 1. A placing parent of a child may not bring an
action to set aside an a doption after a petition for adoption has
been granted, unless a court of competent jurisdiction has
previously, in a separate action:
(a) Set aside the specific consent to adoption;
(b) Set aside the relinquishment of the child for adoption; or
(c) Reversed an order terminating the parental rights of the
placing parent.
2. After a petition for adoption has been granted, there is a
presumption for the purposes of this chapter that remaining in the
home of the adoptive parents is in the best interest of the child.
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3. As used in this section, “placing parent” means a parent
who executed a specific consent to adoption or relinquishment
pursuant to this chapter.
Sec. 84. 1. Except as otherwise provided in section s 91 to
96, inclusive, of this act, in a proceeding for adoption of a child,
the court may grant a reasonable right to visit to:
(a) A sibling of the child if the child is in the custody of the
agency which provides child welfare services and a similar right
has been granted previously pursuant to NRS 432B.580; and
(b) Certain relatives of the child only if a similar right had
been granted previously pursuant to NRS 125C.050.
2. The agency which provides child welfare services shall
provide the court which is conducting the adoption proceedin gs
with a copy of any order for visitation with a sibling of the child
that was issued pursuant to NRS 432B.580.
3. The court may not grant a right to visit the child to any
person other than as specified in subsection 1.
Sec. 85. 1. The agency which provides child welfare
services may consent to the adoption of a child under 18 years of
age with special needs due to race, age or physical or mental
problems who is in the custody of the agency which provides child
welfare services by proposed adoptive p arents when, in the
judgment of the agency which provides child welfare services, it
would be in the best interest of the child to be placed in that
adoptive home.
2. The agency which provides child welfare services shall in a
timely and diligent manner:
(a) Schedule any evaluations necessary to identify any special
needs the child may have.
(b) If it determines that the child has any special needs:
(1) Notify the prospective adoptive parents:
(I) That they may be eligible for a grant of financial
assistance pursuant to this section; and
(II) The manner in which to apply for such financial
assistance; and
(2) Assist the prospective adoptive parents in applying for
and satisfying any other prerequisites necessary to obtain a grant
of financial a ssistance pursuant to this section and any other
relevant subsidies and services which may be available.
3. The agency which provides child welfare services may
grant financial assistance for attorney’s fees in the adoption
proceeding, for maintenance an d for preexisting physical or
mental conditions to the adoptive parents of a child with special
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needs out of money provided for that purpose if the head of the
agency which provides child welfare services or the designee has
reviewed and approved in writing the grant of financial assistance.
4. The grant of financial assistance must be limited, both as
to amount and duration, by agreement in writing between the
agency which provides child welfare services and the prospective
adoptive parents. Such an agre ement must not become effective
before the entry of the order of adoption.
5. Any grant of financial assistance must be reviewed and
evaluated at least once annually by the agency which provides
child welfare services. The evaluation must be presented fo r
approval to the head of the agency which provides child welfare
services or the designee. Financial assistance must be
discontinued immediately upon written notification to the adoptive
parents by the agency which provides child welfare services that
continued assistance is denied.
6. All financial assistance provided under this section ceases
immediately when the child:
(a) Reaches 18 years of age, if the child is not enrolled in
school, or 19 years of age, if the child is enrolled in school;
(b) Graduates from high school, if the child is at least 18 years
of age;
(c) Becomes self-supporting;
(d) Is emancipated; or
(e) Dies.
7. Neither a grant of financial assistance pursuant to this
section nor any discontinuance of such assistance affects the legal
status or respective obligations of any party to the adoption.
8. A court shall waive all court costs of the prospective
adoptive parents in an adoption proceeding for a child with special
needs if the agency which provides child welfare se rvices consents
to the adoption of such a child pursuant to this section.
9. The Division, in consultation with each agency which
provides child welfare services, shall adopt regulations regarding
eligibility for and the procedures for applying for a grant of
financial assistance pursuant to this section.
Sec. 86. 1. A petition to vacate an order of adoption of an
Indian child under this chapter may be filed in a court of
competent jurisdiction by a parent who consented to the adoption.
2. Upon the filing of a petition under this section, the court
shall set a time for a hearing on the petition and provide notice of
the petition and hearing to each party to the adoption proceeding
and to the Indian child’s tribe.
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3. After a hearing on the petitio n, the court shall vacate the
order of adoption if:
(a) The petition is filed not later than 2 years following the
date of the order; and
(b) The court finds by clear and convincing evidence that the
parent’s consent was obtained through fraud or duress.
4. When the court vacates an order of adoption under this
section, the court shall also order that the parental rights of the
parent whose consent the court found was obtained through fraud
or duress be restored. The order restoring parental rights unde r
this section must include a plan for the physical custody of the
Indian child, whether the Indian child will be placed with an
agency which provides child welfare services or with the parent.
Sec. 87. 1. If an order of adoption of an Indian child under
this chapter is vacated, the court vacating the order must notify, by
registered or certified mail with return receipt requested, the
Indian child’s former parents, prior Indian custodian, if any, and
Indian tribe and the appropriate agency which provide s child
welfare services.
2. The notice required under subsection 1 must:
(a) Include the Indian child’s current name and any former
names as reflected in the court record;
(b) Inform the recipient of the right to move the court for the
return of custo dy of and restoration of parental rights to the
Indian child, if appropriate, under this section;
(c) Provide sufficient information to allow the recipient to
participate in any scheduled hearings; and
(d) Be sent to the last known address in the court record.
3. An Indian child’s former parent or prior Indian custodian
may waive notice under this section by executing a waiver of
notice in person before the court and filing the waiver with the
court. The waiver must clearly set out any conditions to the
waiver. Before the execution of the waiver, the court must explain
to the former parent or prior Indian custodian, on the record in
detail and in the language of the former parent or prior Indian
custodian:
(a) The former parent’s right to legal counsel, if applicable;
(b) The terms and consequences of the waiver; and
(c) How the waiver may be revoked.
4. After execution of the waiver pursuant to subsection 3, the
court shall certify that it provided the explanation as required
under subsection 3 and that the former parent or prior Indian
custodian fully understood the explanation.
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5. At any time before the entry of an order of adoption of an
Indian child, the former parent or prior Indian custodian may
revoke a waiver executed by the former parent o r prior Indian
custodian pursuant to subsection 3 by filing a written revocation
with the court or by making a statement of revocation on the
record in a proceeding for the adoption of the Indian child.
6. If an order of adoption of an Indian child under this
chapter is vacated other than as provided in NRS 125E.360, an
Indian child’s former parent or prior Indian custodian may
intervene in the proceeding and move the court for the Indian
child to be returned to the custody of the former parent or prior
Indian custodian and for the parental rights to the Indian child to
be restored. The moving party shall provide by registered or
certified mail, return receipt requested, notice of the motion for
the Indian child to be returned to the custody of the former parent
or prior Indian custodian and the time set for filing objections to
the motion, together with notice of proceeding in the form
required under subsection 3 of NRS 125E.220 to:
(a) The agency which provides child welfare services in the
county in which the order was vacated;
(b) Each tribe of which the child may be a member or in which
the Indian child may be eligible for membership;
(c) The child’s parents;
(d) The child’s Indian custodian, if applicable; and
(e) The appropriate Regional Director of the United States
Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the
identity or location of the child’s parents cannot be ascertained.
The petitioner shall file a declaration of compliance, including
a copy of each notice sent under this subsection, together with any
return receipts or other proof of service.
7. Upon the filing of an objection to a motion made pursuant
to subsection 6, the court shall fix the time for hearing on
objections.
8. The court shall order the Indian child to be returned to the
custody of the former parent or prior Indian custodian or restore
the parental rights to the Indian child unless the court finds, by
clear and convincing evidence, that the return of custody or
restoration of parental rights is not in the best interest of the child,
as described in NRS 125E.230. If the court orders the Indian child
to be returned to the custody of the former parent or p rior Indian
custodian, the court’s order must include a transition plan for the
physical custody of the child, which may include protective
supervision.
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9. As used in this section:
(a) “Former parent” means a person who was previously the
parent of an I ndian child subject to an order of adoption under
this chapter and whose parental rights have not been restored
under section 86 of this act.
(b) “Prior Indian custodian” means a person who was
previously the custodian of an Indian child subject to an ord er of
adoption of the child under this chapter.
Sec. 88. 1. Notwithstanding any other provision of law, if
an Indian child’s tribe or the United States Secretary of the
Interior requests access to the adoption records of an Indian child,
the court must make the records available not later than 14 days
following the date of the request.
2. The records made available under subsection 1 must, at a
minimum, include the petition, all substantive orders entered in
the adoption proceedings, the complete recor d of the placement
finding and, if the placement departs from the placement
preference under NRS 125E.350, detailed documentation of the
efforts to comply with the placement preferences.
Sec. 89. 1. In a proceeding for the adoption of a child,
within 90 days after service of a petition upon the appropriate
agency which provides child welfare services as required pursuant
to section 74 of this act, the agency shall file with the court an
ICWA compliance report, which must reflect the agency’s view of
the petition and advise the court on whether the documentation
submitted by the petitioner is sufficient and complete for the court
to make the findings required pursuant to subsection 2. Nothing in
this section requires the agency to make a determination of l aw
regarding the documentation provided by the petitioner.
2. Upon receiving an ICWA compliance report, the court
shall order the matter to proceed if the court finds that the
petitioner satisfied the inquiry requirements under subsection 1 of
NRS 125E.2 10 and, if applicable, the notice requirements under
subsection 2 of NRS 125E.220. If the court finds that:
(a) Subject to the procedures under subsection 3 of NRS
125E.210, the child is an Indian child, the court’s order under this
subsection must include a finding regarding whether the proposed
adoptive placement complies with the preferences under
NRS 125E.350. If the court finds that the proposed adoptive
placement does not comply with such preferences or that the
documentation provided by the petitioner is insufficient for the
court to make a finding, the court shall direct the petitioner to
amend the petition to cure the deficiency or file a motion under
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subsection 3 of NRS 125E.350 for authority to make the
placement contrary to the placement preferences under
NRS 125E.350.
(b) The petitioner failed to satisfy the inquiry requirements
under subsection 1 of NRS 125E.210 or, if applicable, the notice
requirements under subsection 2 of NRS 125E.220, or if the
documentation supplied by the petitioner is insufficient for the
court to make those findings, the court shall direct the petitioner to
cure the inquiry or notice deficiency and file an amended petition.
If the court directs the petitioner to file an amended petition
pursuant to this subsection or a motion and the petitioner fails to
do so within a reasonable amount of time, the court shall order the
petitioner to appear and show cause why the court should not
dismiss the petition.
3. The Division shall adopt regulations providing a
nonexhaustive description of the documentation that the
petitioners or moving parties in proceedings under this chapter
may submit to the court to document compliance with the inquiry
requirements under subsection 1 of NRS 125E.210 and the notice
requirements under subsection 2 of NRS 125E.220 and the
placement preferences under NRS 125E.350, including, without
limitation:
(a) Descriptions of the consultations the petitioner or moving
party made with the persons described in subsection 1 of NRS
125E.210 and subsection 3 of NRS 125E.220 and the responses
the petitioner or moving party obtained;
(b) Descriptions of a ny oral responses and copies of any
written responses the petitioner or moving party obtained from the
persons described in subsection 1 of NRS 125E.210 and
subsection 3 of NRS 125E.220;
(c) Copies of any identification cards or other records
indicating the membership of the child or the child’s parent in an
Indian tribe;
(d) Copies of any tribal court records regarding the Indian
child;
(e) Any reports, declarations or testimony on the record
documenting the due diligence of the petitioner or moving par ty to
identify and work with all of the tribes of which the petitioner or
moving party has reason to know that the child may be a member
or in which the child may be eligible for membership; and
(f) The declaration of compliance regarding the notices the
petitioner sent, as described in section 74 of this act.
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4. The Division shall adopt any other regulations for the
preparation of ICWA compliance reports that are necessary for
agencies which provide child welfare services to carry out their
duties under this chapter.
5. The court administrator may prepare and make available
to the public forms and information to assists petitioners to comply
with the requirements under this section and NRS 125E.210,
125E.220, 125E.350 and section 74 of this act and any related
rules or regulations, including, without limitation:
(a) Forms of petitions required under section 74 of this act,
motions to request a deviation from the placement preferences
under subsection 3 of NRS 125E.350 and notices required under
subsection 3 of NRS 125E.220; and
(b) Worksheets and checklists to assist petitioners with the
inquiry required under subsection 1 of NRS 125E.210 and the
notices required under subsection 1 of NRS 125E.220, and
assessing whether proposed adoptive placements sat isfy the
preferences under NRS 125E.350.
6. The court administrator may design and offer trainings to
courts having jurisdiction over adoption matters regarding the
application of chapter 125E of NRS, and sections 64, 74, 80 and
86 to 96, inclusive, of t his act, to adoptions of children, including,
without limitation, identifying when there is reason to know that
the child is an Indian child and making findings regarding the
sufficiency of inquiry and notice of the appropriateness of
adoptive placements.
7. As used in this section, “ICWA compliance report” means
a written report prepared by an agency which provides child
welfare services concerning compliance with the Indian Child
Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq.
Sec. 90. 1. If the court determines that tribal customary
adoption is in the best interest, as described in NRS 125E.230, of a
ward who is an Indian child and the Indian child’s tribe consents
to the tribal customary adoption:
(a) The appropriate agency which provides child welfare
services shall provide the Indian child’s tribe and the proposed
tribal customary adoptive parents with a written report on the
Indian child, including, without limitation, to the extent not
otherwise prohibited by state or federal law, the medical
background, if known, of the Indian child’s parents, and the
Indian child’s educational information, developmental history and
medical background, including all known diagnostic information,
current medical reports and any psychological evaluations.
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(b) The court shall accept a tribal customary adoptive home
study conducted by the Indian child’s tribe if the home study:
(1) Includes federal criminal background checks, including
reports of child abuse, that meet the standards applicable under
the laws of this State for all other proposed adoptive placements;
(2) Uses the prevailing social and cultural standards of the
Indian child’s tribe as the standards for evaluation of the proposed
adoptive placement;
(3) Includes an evaluation of the background, safety and
health information of the proposed adoptive placement, including
the biological, psychological and social factors of the proposed
adoptive placement and assessment of the commitment, capability
and suitability of the proposed adoptive placement to meet the
Indian child’s needs; and
(4) Except where the proposed adoptive placement is in the
Indian child’s current foster care placement, is completed before
the placement of the Indian child in the proposed adoptive
placement.
(c) Notwithstanding subsection 2, the court may not accept the
tribe’s order or judgment of tribal customary adoption if any adult
living in the proposed adoptive placement has a felony conviction
for child abuse or neglect, spousal abuse, crimes against a child,
including, child pornography, or a crime involving violence. The
Division shall, by regulation, define “crime involving violence” for
the purpose of this paragraph. The definition must include rape,
sexual assault and homicide, but must not include other physical
assault or battery.
2. The court shall accept an order or judgment for tribal
customary adoption that is filed by the Indian child’s tribe if:
(a) The court determines that tribal customary adoption is an
appropriate permanent placement option for the Indian child;
(b) The court finds that the tribal customary adoption is in the
best interest of the child, as described in NRS 125E.230; and
(c) The order or judgment:
(1) Includes a description of the modification of the legal
relationship of the Indian ch ild’s parents or Indian custodian and
the Indian child, including any contact between the Indian child
and the Indian child’s parents or Indian custodian,
responsibilities of the Indian child’s parents or Indian custodian
and the rights of inheritance of the parents and Indian child;
(2) Includes a description of the Indian child’s legal
relationship with the tribe; and
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(3) Does not include any child support obligations from the
Indian child’s parents or Indian custodian.
The court shall afford full faith and credit to a tribal customary
adoption order or judgment that is accepted under this subsection.
3. A tribal customary adoptive parent is not required to file a
petition for adoption when the court accepts a tribal customary
adoption order or jud gment under subsection 2. The clerk of the
court may not charge or collect a fee for a proceeding under this
subsection.
4. After accepting a tribal customary adoption order or
judgment under subsection 2, the court that accepted the order or
judgment shall proceed as provided in section 79 of this act and
enter an order of adoption. In addition to the requirements under
section 80 of this act, the order of adoption must include a
statement that any parental rights or obligations not specified in
the order are transferred to the tribal customary adoptive parents
and a description of any parental rights or duties retained by the
Indian child’s parents, the rights of inheritance of the parents and
the Indian child and the Indian child’s legal relationship with the
child’s tribe.
5. A tribal customary adoption under this section does not
require the consent of the Indian child or the child’s parents.
6. Upon the court’s entry of an order of adoption under this
section, the court’s jurisdiction over the Indian child terminates.
7. Any parental rights or obligations not specifically retained
by the Indian child’s parents in the order of adoption are
conclusively presumed to transfer to the tribal customary adoptive
parents.
8. This section remains operative only to the extent that
compliance with the provisions of this section do not conflict with
federal law as a condition of receiving funding under Title IV-E of
the Social Security Act, 42 U.S.C. §§ 601 et seq.
9. The Division shall adopt regulations requiring that any
report regarding a ward who is an Indian child that an agency
which provides child welfare services submits to t he court,
including any home studies, placement reports or other reports
required by law must address tribal customary adoptions as a
permanency option. The Supreme Court may adopt rules
necessary for the court process to implement the provisions of this
section, and the court administrator may prepare necessary forms
for the implementation of this section.
10. As used in this section, “tribal customary adoption”
means the adoption of an Indian child, by and through the tribal
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custom, traditions or law of the child’s tribe, and which may be
effected without the termination of parental rights.
Sec. 91. 1. The parent or parents and the prospective
adoptive parent or parents of a child to be adopted may enter into
an enforceable agreement that provides for postadoptive contact
between:
(a) The child and the parent or parents;
(b) The adoptive parent or parents and the parent or parents;
or
(c) Any combination thereof.
2. An agreement that provides for postadoptive contact is
enforceable if:
(a) The agreement is in writing and signed by the parties;
(b) The agreement is incorporated into an order of adoption;
(c) The agreement is signed by a parent or parents before:
(1) The termination or voluntary relinquishment of the
parental rights of the parent or parents; or
(2) The execution of a specific consent to adoption or
relinquishment; and
(d) In the case of an agreement that concerns a child who was
in the custody of an agency which provides child welfare services
before being adopted:
(1) The agency which provides child welfare services has
determined that the agreement is in the best interest of the child;
or
(2) The court has determined, after a hearing, that the
agreement is in the best interest of the child.
3. The identity of a parent is not required to be included in an
agreement that provides for postadoptive contact. If such
information is withheld, an agent who may receive service of
process for the parent must be provided in the agreement.
4. A parent or adoptive parent who enters into an agreement
that provides for postadoptive contact shall include in the
agreement an address at which the parent or adoptive parent may
receive service of a petition filed pursuant to section 94 of this act
unless the parent or adoptive parent elects to receive service by
alternate means through electronic mail rather than certified or
registered mail, in which case, the electronic mail address must be
included in the agreement. If a parent or adoptive parent refuses
or fails to include such an address in an agreement that provides
for postadoptive contact, the court may, on the date on which the
court enters an order of adoption which incorporates the
agreement, order the agency which provides child welfare services
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to provide the court with th e contact information of the parent or
adoptive parent who refused or failed to include the address. If a
court so orders, the court shall:
(a) Append the address to the agreement for postadoptive
contact; and
(b) Make the address available to any party to the agreement
who wishes to file a petition pursuant to section 94 of this act.
5. If a parent or adoptive parent changes the address that was
included in an agreement that provides for postadoptive contact
pursuant to subsection 4, the parent shall file with the clerk of the
court notice of the change of address within 15 days after the
change of address.
6. A court that enters an order of adoption which
incorporates an agreement that provides for postadoptive contact
shall retain jurisdiction to e nforce, modify or terminate the
agreement that provides for postadoptive contact until:
(a) The child reaches 18 years of age;
(b) The child becomes emancipated; or
(c) The agreement is terminated.
7. The establishment of an agreement that provides fo r
postadoptive contact does not affect the rights of an adoptive
parent as the legal parent of the child as set forth in section 38 of
this act.
Sec. 92. 1. Each prospective adoptive parent of a child to be
adopted who enters into an agreement that prov ides for
postadoptive contact pursuant to section 91 of this act shall notify
the court responsible for entering the order of adoption of the
child of the existence of the agreement as soon as practicable after
the agreement is established, but not later t han the time at which
the court enters the order of adoption of the child.
2. Each:
(a) Director or other authorized representative of the agency
which provides child welfare services involved in the adoption
proceedings concerning the child; and
(b) Attorney representing a prospective adoptive parent, the
child and the agency which provides child welfare services in the
adoption proceedings concerning the child,
shall, as soon as practicable after obtaining actual knowledge
that the prospective adoptive parent or parents of the child and the
parent or parents of the child have entered into an agreement that
provides for postadoptive contact pursuant to section 91 of this act,
notify the court responsible for entering the order of adoption of
the child of the existence of the agreement.
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Sec. 93. 1. Before a court may enter an order of adoption
of a child, the court must address:
(a) Except as otherwise provided in subsection 2, each
prospective adoptive parent of the child to be adopted;
(b) Each d irector or other authorized representative of the
agency which provides child welfare services involved in the
adoption proceedings concerning the child; and
(c) Each attorney representing a prospective adoptive parent,
the child and the agency which prov ides child welfare services in
the adoption proceedings concerning the child,
and inquire whether the person has actual knowledge that the
prospective adoptive parent or parents of the child and parent or
parents of the child have entered into an agreeme nt that provides
for postadoptive contact pursuant to section 91 of this act.
2. If the court determines that the prospective adoptive parent
or parents and the parent or parents have entered into an
agreement that provides for postadoptive contact, the court shall:
(a) Order the prospective adoptive parent or parents to provide
a copy of the agreement to the court; and
(b) Incorporate the agreement into the order of adoption.
Sec. 94. 1. A parent who has entered into an agreement
that provides for postadoptive contact pursuant to section 91 of
this act may, for good cause shown:
(a) Petition the court that entered the order of adoption of the
child to prove the existence of the agreement that provides for
postadoptive contact and to request that the agreement be
incorporated into the order of adoption; and
(b) During the period set forth in subsection 2 of section 95 of
this act, petition the court that entered the order of adop tion of the
child to enforce the terms of the agreement that provides for
postadoptive contact if the agreement complies with the
requirements of subsection 2 of section 91 of this act.
2. An adoptive parent who has entered into an agreement that
provides for postadoptive contact pursuant to section 91 of this act
may:
(a) During the period set forth in subsection 2 of section 95 of
this act, petition the court that entered the order of adoption of the
child to enforce the terms of the agreement that pro vides for
postadoptive contact if the agreement complies with the
requirements of subsection 2 of section 91 of this act; and
(b) Petition the court that entered the order of adoption of the
child to modify or terminate the agreement that provides for
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postadoptive contact in the manner set forth in section 96 of this
act.
3. A petition filed pursuant to this section must be:
(a) Filed under the same case number as the proceeding for
adoption;
(b) Served by the parent or adoptive parent who filed the
petition using certified or registered mail with return receipt
requested, or if elected by any of the parties to the postadoptive
contact agreement to receive service by alternate means through
electronic mail, upon each other parent or adoptive parent, as
applicable, who has entered into the agreement that provides for
postadoptive contact at the address provided pursuant to
subsection 4 or 5 of section 91 of this act; and
(c) Heard by:
(1) If available, the judge who issued the order of adoption
of the child;
(2) If the judge described in subparagraph (1) is
unavailable and if a family court has been established in the
judicial district, a judge of the family court; or
(3) If the judge described in subparagraph (1) is
unavailable and if a family cou rt has not been established in the
judicial district, any district judge of the judicial district.
Sec. 95. 1. Failure to comply with the terms of an
agreement that provides for postadoptive contact entered into
pursuant to section 91 of this act may not be used as a ground to:
(a) Set aside an order of adoption;
(b) Revoke, nullify or set aside a valid specific consent to
adoption or relinquishment; or
(c) Except as otherwise provided in NRS 41.509, award any
civil damages to a party to the agreement.
2. Any action to enforce the terms of an agreement that
provides for postadoptive contact must be commenced not later
than 120 days after the date on which the agreement was
breached.
Sec. 96. 1. An agreement that provides for postadoptive
contact entered into pursuant to section 91 of this act may only be
modified or terminated by an adoptive parent petitioning the court
that entered the order which included the agreement. The court
may grant a request to modify or terminate the agreement only if:
(a) The adoptive parent petitioning the court for the
modification or termination establishes that:
(1) A change in circumstances warrants the modification or
termination; and
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(2) The contact provided for in the agreement is no longer
in the best interest of the child; or
(b) Each party to the agreement consents to the modification
or termination.
2. If an adoptive parent petitions the court for a modification
or termination of an agreement pursuant to this section:
(a) There is a presumption that t he modification or
termination is in the best interest of the child; and
(b) The court may consider the wishes of the child involved in
the agreement.
3. Any order issued pursuant to this section to modify an
agreement that provides for postadoptive contact:
(a) May limit, restrict, condition or decrease contact between
the parties involved in the agreement; and
(b) May not expand or increase the contact between the parties
involved in the agreement or place any new obligation on an
adoptive parent.
Sec. 97. As used in sections 97 to 105, inclusive, of this act,
unless the context otherwise requires, “person” includes a
hospital.
Sec. 98. 1. The Division shall:
(a) Establish reasonable minimum standards for child -placing
agencies.
(b) In consultation with each agency which provides child
welfare services, adopt:
(1) Regulations concerning the operation of an agency
which provides child welfare services.
(2) Regulations establishing the procedure to be used by an
agency which provides c hild welfare services in placing children
for adoption, which must allow the parent or parents and the
prospective adoptive parent or parents to determine, by mutual
agreement, the amount of identifying information that will be
communicated concerning each of them.
(3) Any other regulations necessary to carry out its powers
and duties regarding the adoption of children or the placement of
children for adoption, including, without limitation, such
regulations necessary to ensure compliance with the provisi ons of
this chapter and any regulations adopted pursuant thereto.
2. Each agency which provides child welfare services shall
conform to the standards established and the regulations adopted
pursuant to subsection 1.
Sec. 99. 1. Except as otherwise provided in this section:
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(a) In a county whose population is less than 100,000, the
Division shall, in accordance with NRS 432.014; and
(b) In a county whose population is 100,000 or more, the
board of the county commissioners of the county shall, by
ordinance,
charge reasonable fees for the services provided by an agency
which provides child welfare services in placing, arranging the
placement of or assisting in the placing or arranging the
placement of any child for adoption and for conducting any
investigation required by section 100 of this act.
2. The fees charged for those services must vary based on
criteria developed by the Division and board of county
commissioners but must not exceed the usual and customary fees
that child -placing agencies in t he area where the services
provided, or in a similar geographic area, would charge for those
services. The Division and board of county commissioners shall
not discriminate between adoptions made through an agency and
specific adoptions in setting their fees.
3. A fee must not be charged for services related to adoption
of a child with special needs.
4. An agency which provides child welfare services may waive
or reduce any fee charged pursuant to this section if the agency
which provides child welfare services determines that the adoptive
parents are not able to pay the fee or the needs of the child require
a waiver or reduction of the fee.
5. Any money collected by an agency which provides child
welfare services in a county whose population is less t han 100,000
pursuant to this section must be accounted for in the appropriate
account of the Division and may be used only to pay for the costs
of any adoptive or postadoptive services provided by any agency
which provides child welfare services in a count y whose
population is less than 100,000.
6. Any money collected by an agency which provides child
welfare services in a county whose population is 100,00 0 or more
pursuant to this section must be deposited in the county treasury
for the credit of the agency which provides child welfare services
and may be used only to pay for the costs of any adoption or
postadoptive services provided by the agency which pr ovides child
welfare services.
Sec. 100. 1. The agency which provides child welfare
services shall complete a home study that investigates the medical,
mental, financial and moral backgrounds of the prospective
adoptive parents to determine the suitabil ity of the home for
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placement of the child for adoption. The investigation must also
embrace any other relevant factor relating to the qualifications of
the prospective adoptive parent or parents.
2. If the placement is to be made in a home outside of th is
State, the agency which provides child welfare services must
receive a copy of a report, completed by the appropriate authority,
of an investigation of the home and the medical, mental, financial
and moral backgrounds of the prospective adoptive parent or
parents to determine the suitability of the home for placement of
the child for adoption.
Sec. 101. 1. A prospective adoptive parent who is subject to
a home study by the agency which provides child welfare services
must submit as part of the investi gation a complete set of
fingerprints and written permission authorizing the agency which
provides child welfare services to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History for
submission to the Federal Bureau of Investigation.
2. The agency which provides child welfare services may
exchange with the Central Repository or the Federal Bureau of
Investigation any information respecting the fingerprints
submitted.
3. When a report from the Federal Bureau of Inves tigation is
received by the Central Repository, it shall immediately forward a
copy of the report to the agency which provides child welfare
services that submitted the fingerprints.
4. Any fees for fingerprinting and submission to the Central
Repository and the Federal Bureau of Investigation must be paid
by the prospective adoptive parent, except that:
(a) In a county whose population is less than 100,000, the
Division may adopt regulations providing for the payment of those
fees by the Division; or
(b) In a county whose population is 100,000 or more, the
board of county commissioners may provide by ordinance for the
payment of those fees by the agency which provides child welfare
services.
Sec. 102. 1. The Division, in consultation with each agency
which provides child welfare services, shall adopt regulations
setting forth the criteria to be used by an agency which provides
child welfare services for determining whether a prospective
adoptive home is suitable or unsuitable for the placement of a
child for adoption.
2. Upon the completion of a home study conducted by an
agency which provides child welfare services pursuant to section
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100 of this act , the agency which provides child welfare services
shall inform the prospective adoptive parent or pa rents of the
results of the home study. If, pursuant to the home study, a
determination is made that a prospective adoptive home is
unsuitable for placement or detrimental to the interest of the child,
the agency which provides child welfare services shall provide the
prospective adoptive parent or parents with an opportunity to
review and respond to the home study with the agency which
provides child welfare services before the issuance of the results of
the home study. Except as otherwise provided in NRS 239.0115,
the identity of those persons who are interviewed or submit
information concerning the home study must remain confidential.
3. An agency which provides child welfare services shall not
determine that a prospective adoptive home is unsuitable fo r
placement or detrimental to the interest of the child solely because
the prospective adoptive parent or parents:
(a) Are deaf, are blind or have another physical disability; or
(b) Are the holders of a valid registry identification card.
Sec. 103. 1. Whenever the agency which provides child
welfare services believes that anyone has violated or is about to
violate any of the provisions of this chapter, in addition to any
other penalty or remedy provided:
(a) The agency which provides child welfare services may
petition the appropriate district court for an order to restrain and
enjoin the violation or threatened violation of any of the
provisions of this chapter, or to compel compliance with the
provisions of this chapter; and
(b) The court shall, if a child has been or was about to be
placed in a prospective adoptive home in violation of the
provisions of this chapter:
(1) Prohibit the placement if the child was about to be so
placed; or
(2) Order the removal of the child if the child was so placed
within 6 months before the filing of the petition by the agency
which provides child welfare services and the court determines
that it is in the best interest of the child for the child to be removed
from the prospective adoptive home.
2. Whenever the agency which provides child welfare services
believes that a person has received for the purpose of adoption a
child not related by blood, and the required written notice has not
been given, if the agency which provides child welfare services
does not proceed pursuant to subsection 1, it shall make an
investigation. Upon completion of the investigation, if the home is
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found suitable for the child, the prospective adoptive parents must
be allowed 6 months from the date of completion of the
investigation to file a petition for adoption. If a petition for
adoption is not filed within that time a license as a foster home
must thereafter be issued pursuant to NRS 424.0 30 if the home
meets the established standards. If, in the opinion of the agency
which provides child welfare services, the placement is detrimental
to the interest of the child, the agency which provides child welfare
services shall file an application with the district court for an
order for the removal of the child from the home.
Sec. 104. An agency which provides child welfare services
shall, to the extent practicable, give preference to the placement of
a child for adoption together with the siblings of the child.
Sec. 105. 1. If a child who is in the custody of an agency
which provides child welfare services is placed for adoption, the
agency must provide the court which is conducting the adoption
proceedings with a copy of any order for visitation with a sibling
of the child that was issued pursuant to NRS 432B.580.
2. The court shall incorporate an order for visitation provided
to the court pursuant to subsection 1 into the order of adoption
unless, not later than 30 days after notice of the filing of the
petition for adoption is provided to all legal custodians or
guardians of the c hild who are required to be provided with such
notice pursuant to section 76 of this act, any interested party in the
adoption, including, without limitation, the prospective adoptive
parent, the adoptive child, a sibling of the adoptive child, the
agency which provides child welfare services petitions the court to
exclude the order of visitation with a sibling from the order of
adoption or amend the order for visitation before including the
order in the order of adoption.
3. The hearing on a petition submitted pursuant to subsection
2 must be held on the same date as the hearing on the petition for
adoption. Any interested party is entitled to participate in the
hearing. The clerk of the court shall give written notice of the time
and place of the hearing to the prospective adoptive parent, the
adoptive child, a sibling of the adoptive child, the attorney for the
adoptive child or a sibling of the adoptive child and the agency
which provides child welfare services. Upon the petition of a
sibling requesting the inclusion of an order for visitation in the
order of adoption, the court may require the agency which
provides child welfare services to provide the clerk of the court
with the contact information of the prospective adoptive parent,
the adoptive child and the attorney for the adoptive child. If so
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ordered, the agency which provides child welfare services must
provide such contact information under seal.
4. The sole consideration of the court in making a
determination concerning visitation with a sibling pursuant to this
section is the best interest of the child. If a petition is submitted
pursuant to subsection 2, the court must not enter an order of
adoption until the court has made a determination concerning
visitation with a sibling.
5. If an ord er for visitation with a sibling is included in an
order of adoption, the court shall, upon the request of a party to
the order, provide to the party the case number of the adoption
proceeding and any documents or records necessary to enforce,
modify or terminate the order.
6. A party to an order for visitation may petition for
enforcement of the order at any time while the order is in effect. A
person who fails to comply with the order is in contempt of court.
If a party to an order for visitation withho lds the contact
information of any person in violation of the order, the court may
order the agency which provides child welfare services to provide
such contact information to the court under seal.
Sec. 106. Title 11 of NRS is hereby amended by adding
thereto a new chapter to consist of the provisions set forth as
sections 107 to 114, inclusive, of this act.
Sec. 107. In addition to any requirement set forth in sections
2 to 46, inclusive, of this act, as applicable:
1. The provisions of sections 108 to 111, inclusive, and 114 of
this act govern confirmatory adoptions.
2. The provisions of sections 112, 113 and 114 of this act
govern readoptions.
Sec. 108. A petition for a confirmatory adoption must
include:
1. Any information required by NRS 127.110; and
2. A statement of how parentage has already been
established.
Sec. 109. 1. A copy of one of the following must be placed
in the record of the confirmatory adoption:
(a) The birth certificate of the child listing the prospective
adoptive parent as a parent of the child;
(b) A court order establishing parentage of the child; or
(c) Any other evidence that is deemed sufficient by the court to
establish parentage of the child.
2. A document or other evidence described in subsection 1 is
confidential.
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Sec. 110. An order of confirmatory adoption must confirm:
1. Each legal parent of the child; and
2. The new name of the child, if requested in the petition
pursuant to section 108 of this act.
Sec. 111. A confirmatory adoption may be sought in this
State if the birth certificate of the child was issued in this State.
Sec. 112. 1. A petitioner and any spouse of the petitioner
who adopts a child through an intercountry adoption may petition
to readopt the child in this State.
2. As used in this section, “intercountry adoption” means the
process by which a person adopts a child in another country by
permanent legal means and brings the child back to live
permanently with the person.
Sec. 113. A petition for readoption must:
1. Include any information required by NRS 127.110; and
2. Be supported by:
(a) A copy of any order or certificate of adoption that
evidences finalization of the adoption in the foreign country;
(b) The birth certificate of the child; and
(c) A certi fied translation of any document described in
paragraphs (a) and (b) that is not in English.
Sec. 114. 1. After an order of confirmatory adoption or
readoption has been entered, the court shall direct the petitioner
or the attorney of the petitioner to prepare a report of adoption on
a form prescribed and furnished by the State Registrar of Vital
Statistics or the equivalent office in the state that issued the birth
certificate. The report may:
(a) Identify the original certificate of birth of the perso n
adopted;
(b) Provide sufficient information to prepare a new certificate
of birth for the person adopted;
(c) Identify the order of adoption; and
(d) Be certified by the clerk of the court.
2. If an order of adoption is amended or annulled, the
petitioner or the attorney of the petitioner shall prepare a report to
the State Registrar of Vital Statistics, which includes sufficient
information to identify the original order of adoption and the
provisions of that order which were amended or annulled.
Sec. 115. Title 11 of NRS is hereby amended by adding
thereto a new chapter to consist of the provisions set forth as
sections 116 to 153, inclusive, of this act.
Sec. 116. As used in this chapter, unless the context
otherwise requires, the words and terms defined in section 117 to
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121, inclusive, of this act, have the meanings ascribed to them in
those sections.
Sec. 117. “Parent” means a person:
1. Who has legal rights, privileges, responsibilities and
obligations to a child and is a biological or legal parent of a child
whose parental rights have not been terminated by a court order
or execution of a specific consent to adoption or relinquishment;
2. Who is a putative parent or proven parent of a child;
3. Who is presumed to be the parent of a child;
4. Whose paternity or parentage has been established
pursuant to chapter 126 of NRS; or
5. Whose parentage has been confirmed by a court order.
Sec. 118. “Placing parent” means a parent who executed a
specific consent to adoption or relinquishment pursuant to this
chapter.
Sec. 119. “Prospective adoptive parent” means a person with
whom a child has been placed for adoption but whose petition for
adoption has not been granted by the court.
Sec. 120. “Relinquishment” means a document that is
executed in an adoption which:
1. Terminates the parental rights of the person executing the
document in the child to be adopted; and
2. Places the child for adoption with a named child -placing
agency.
Sec. 121. “Specific consent to adoption” means a document
that is executed in an identified adoption which:
1. Terminates or retains the parental right of the person
executing the document; and
2. Authorizes the child to be adopted by a specifically named
person or persons.
Sec. 122. In addition to the requirements set forth in the
chapter consisting of sections 2 to 46, inclusive, of this act, as
applicable, this chapter governs close-family adoptions.
Sec. 123. 1. Except as otherwise provided in chapter 125E
of NRS and sections 127, 140, 144, 145 and 146 of this act, a child
of whom this State:
(a) Is the home state on the date of the commencement of the
proceeding; or
(b) Was the home state within 6 months be fore the
commencement of the proceeding,
may not be adopted except upon an order of a district court in
this State.
2. As used in this section, “home state” means:
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(a) The state in which a child lived for at least 6 consecutive
months, including any temporary absence from the state, such as a
placement outside of the state through the Interstate Compact on
the Placement of Children pursuant to NRS 127.320 to 127.350,
inclusive, immediately before the commencement of a proceeding;
or
(b) In the case of a child less than 6 months of age, the state in
which the child lived from birth, including any temporary absence
from the state.
Sec. 124. 1. Except as otherwise provided in subsection 2:
(a) A child may be adopted by one or more adults subject to the
rules prescribed in this chapter;
(b) A person adopting a child must be at least 10 years older
than the person adopted; and
(c) If the child is over the age of 14 years, the child must agree
to the adoption.
2. A court may approve the adoption of a child without regard
to the age difference of the child and the prospective adoptive
parents if the court is satisfied that it is in the best interest of the
child.
Sec. 124.5. Compliance with the requirements of the
Interstate Compact on the Placement of Children pursuant to NRS
127.320 to 127.350, inclusive, may be performed by an agency
which provides child welfare services, a child -placing agency or
an attorney licensed to practice law in this State.
Sec. 125. 1. One or more adults may petition th e district
court of any county in this State for leave to adopt a child. Each
prospective adoptive parent and each agreeing parent seeking to
retain parental rights must be a joint petitioner and agree to the
adoption.
2. Except as otherwise provided in subsection 5, a married
person not lawfully separated from a spouse may not adopt a child
without the agreement of the spouse, if such spouse is capable of
giving such agreement to the adoption.
3. If a spouse agrees to an adoption as described in
subsection 2, such agreement does not establish any parental
rights or responsibilities on the part of the spouse unless the
spouse:
(a) Has, in a writing filed with the court, agreed to:
(1) Adopting the child; and
(2) Establishing parental rights and responsibilities; and
(b) Is named as an adoptive parent in the order of adoption.
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4. The court shall not name a spouse who agrees to an
adoption as described in subsection 2 as an adoptive parent in an
order of adoption unless the spouse has filed a writin g with the
court as described in paragraph (a) of subsection 3.
5. The court may dispense with the requirement for the
agreement of a spouse who cannot be located after a diligent
search or who is determined by the court to lack the capacity to
agree. A spouse for whom the requirement was dispensed
pursuant to this subsection must not be named as an adoptive
parent in an order of adoption.
6. The court may waive the hearing on the petition.
7. The court may determine that a child has a legal
relationship with more than two persons who petition for the
adoption of the child pursuant to this section.
Sec. 126. Except as otherwise provided in section 135 of this
act, a specific consent to adoption or a relinquishment is required
from:
1. Each parent of the child who is alive; and
2. Any legal guardian of the person of the child appointed by
a court of competent jurisdiction.
Sec. 127. 1. If a petition for adoption of a child concerns
the adoption of an Indian child, unless the parental rights of the
Indian child’s parents have been terminated, consent in writing to
the adoption must be given by the Indian child’s parents. Such
written consent must be filed with the court.
2. An Indian child’s parent may consent to the adoption of
the I ndian child at any time not less than 10 days following the
date of the Indian child’s birth by executing the consent in person
before the court on the record.
3. Before the execution of a parent’s consent under
subsection 2, the court must explain to th e parent on the record in
detail and in the language of the parent:
(a) The right to legal counsel;
(b) The terms and consequences of the consent in detail; and
(c) That at any time before the entry of the order of adoption,
the parent may withdraw cons ent for any reason and petition the
court to have the child returned.
4. After the execution of a parent’s consent under subsection
2, the court shall certify that the court made the explanation under
subsection 3 and that the parent fully understood the explanation.
5. At any time before the entry of an order of adoption, an
Indian child’s parent may withdraw the parent’s consent under
this section. The withdrawal of consent must be made by filing the
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written withdrawal with the court or by making a st atement of
withdrawal on the record in the adoption proceeding. Upon entry
of the withdrawal of consent, the court must promptly notify the
person or entity that arranged the adoptive placement to regain
custody and control of the Indian child. A parent wh o withdraws
consent may petition the court for the return of the child.
6. As used in this section, “parent” has the meaning ascribed
to it in NRS 125E.130.
Sec. 128. 1. The following agencies may accept
relinquishments for adoption of children from p arents and
guardians in this State:
(a) An agency which provides child welfare services in its own
capacity or on behalf of a child -placing agency authorized under
the laws of another state to accept relinquishments and make
placements; or
(b) A child-placing agency licensed by the Division.
2. The following agencies may consent to the adoption of
children in this State:
(a) An agency which provides child welfare services to which
the child has been relinquished for adoption;
(b) A child-placing agency licensed by the Division, to whom
the child has been relinquished for adoption; or
(c) Any child -placing agency authorized under the laws of
another state to accept relinquishments and make placements, to
whom the child has been relinquished or otherwis e approved for
adoption in this State.
3. If an agency which provides child welfare services accepts
a relinquishment on behalf of a child -placing agency pursuant to
subsection 1, the child -placing agency shall reimburse the agency
which provides child welfare services for any costs associated with
the acceptance.
Sec. 129. 1. Except as otherwise provided in subsection 2, a
specific consent to adoption or relinquishment executed in this
State, or executed outside this State for use in this State, is not
valid unless it:
(a) Identifies the child to be adopted by name, if any, sex, date
of birth and time of birth.
(b) Is in writing and signed by the person consenting to the
adoption or relinquishing for the adoption not sooner than 72
hours after the birth of the child.
(c) Is acknowledged by the person consenting and signing the
specific consent to adoption or relinquishment before a judge or a
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clerk of the court having a seal, a notary public or a justice of the
peace.
(d) Contains, at the time of execution:
(1) For a specific consent to adoption, the name of the
person or persons to whom specific consent to adopt the child is
given; or
(2) For a relinquishment, the name of the child -placing
agency.
(e) Indicates whether the placing parent has r eason to know
that the child is an Indian child and, if the person does not have
reason to know that the child is an Indian child, includes a
statement that the person will inform the court immediately if,
before the entry of the order of adoption pursuant to section 139 of
this act, the person receives information that provides reason to
know that the child is an Indian child.
(f) Is attested by at least two competent, disinterested witnesses
who subscribe their names to the specific consent to adoption or
relinquishment in the presence of or by remote appearance of the
person consenting or relinquishing and a notary public.
2. A social worker employed by a child -placing agency may
remotely witness the execution of a specific consent to adoption or
relinquishment by a parent of the child to be adopted who resides
in another state.
Sec. 130. 1. Any or all of the attesting wi tnesses to any
relinquishment may make and sign an affidavit before any person
authorized to administer oaths in this State, stating such facts as
they would be required to testify to in court to prove the due
execution of the relinquishment. The affidavit must be written on
the relinquishment or, if that is impracticable, on some paper
attached thereto. The sworn statement of any witness so taken
must be accepted by the court in any action or proceeding relating
to the validity or due execution of the reli nquishment as if it had
been taken before the court.
2. The affidavit described in subsection 1 may be
substantially in the following form:
State of Nevada }
}ss.
County of ........................... }
(Date) .................................
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Then and there personally appeared the within -named
................ and ................, who, being duly sworn, depose
and say: That they witnessed the execution of the within
relinquishment by ................ (name of person or persons
relinquishing); that they subscribed the relinquishment and
declared the same to be a voluntary relinquishment in their
presence; that at the time the relinquishment was executed
it contained the name of the agency to which
relinquishment was made; that they thereafter subscribed
the same as witnesses in the presence of ............... . (name of
person or persons relinquishing) and in the presence of
each other and at the request of ................ (name of person
or persons relinquishing) that at the time of the execution of
the relinquishment ................ (name of person or perso ns
relinquishing) acknowledged to them that they were, and
they appeared to them to be, in full possession of their
faculties and not under the influence of any drug or
sedative that could impact their reasoning or judgment or
subject to any duress, fear, menace, compulsion or undue
influence whatever; and that they make this affidavit at
their request.
...................................................
...................................................
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
......................................................
Notary Public
Sec. 131. 1. Any or all of the attesting witnesses to any
specific consent to adoption may make and sign an affidavit before
any person authorized to administer oaths in this State, stating
such facts as they would be required to testify to in court to prove
the due execution of the specific consent to adoption. The affidavit
must be written on the specific consent to adoption or, if that is
impracticable, on some paper attached thereto. The sworn
statement of any witness so taken must be accepted by the court in
any action or proceeding relating to the validity or due execution
of the specific consent to adoption as if it had been taken before
the court.
2. The affidavit described in subsection 1 may be
substantially in the following form:
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State of Nevada }
}ss.
County of ........................... }
(Date) .................................
Then and there personally appeared the within -named
................ and ................, who, being duly sworn, depose
and say: That they witnessed the execution of the within
specific consent to adoption by ................ (name of person
or persons giving consent); that they subscribed the specific
consent to adoption and declared the same to be a voluntary
specific consent to adoption in their presence; that at the
time the specific consent to adoption was executed it
contained the name of the perso ns or persons to whom
specific consent was thereby given to adopt the child; that
they thereafter subscribed the same as witnesses in the
presence of ................ (name of person or persons giving
consent) and in the presence of each other and at the
request of ................ (name of person or persons giving
consent) that at the time of the execution of the consent to
adoption ................ (name of person or persons giving
consent) acknowledged to them that they were, and they
appeared to them to be, in full possession of their faculties
and not under the influence of any drug or sedative that
could impact their reasoning or judgment or subject to any
duress, fear, menace, compulsion or undue influence
whatever; and that they make this affidavit at their request.
...................................................
...................................................
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
......................................................
Notary Public
Sec. 132. If a person to whom a specific consent to adopt a
child is given for an adoption pursuant to section 129 of this act
has, at the time the specific consent is executed, legal custody over
the child, the person is legally responsible for the child and shall
provide for the care, support and maintenance of the child until a
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court holds a hearing to enter an ord er of adoption or to deny the
petition pursuant to the laws of this State or another state.
Sec. 133. 1. If a prospective adoptive parent or parents
determine that an adoption cannot or should not proceed, the
adoptive parent or parents, as applicable, may:
(a) Withdraw a petition for termination of parental rights or a
petition for adoption; and
(b) Declare the specific consent to adoption void and surrender
the adoptive placement.
2. The declaration surrendering the adoptive placement
pursuant to subsection 1 must:
(a) Be in writing, notarized and acknowledged by the
surrendering prospective adoptive parent or parents; and
(b) Give notice to:
(1) All parents of the child;
(2) The court of competent jurisdiction , if a petition for
adoption has been filed; and
(3) The child-placing agency, if applicable.
3. If a prospective adoptive parent or parents makes a
declaration surrendering an adoptive placement pursuant to
subsection 1:
(a) The prospective adoptive parent or parents must return the
child to the placing parent or parents, if the placing parent or
parents wish to accept and regain custody of the child; or
(b) If the placing parent or parents decline to accept the child,
the placing parent or parents may relinquish the child to a c hild-
placing agency for placement.
4. A specific consent to adoption or relinquishment declared
void is without legal effect and the parental rights are restored.
5. An adoptive placement may not be surrendered after an
order finalizing the adoption has been entered by the court.
Sec. 134. 1. All specific consents to adoption and
relinquishments executed in this State by the parent who gave
birth to a child before the birth of the child or within 72 hours
after the birth of the child are invalid.
2. A specific consent to adoption or relinquishment may be
executed by a parent who does not give birth to the child before
the birth of a child if the parent is not married to the parent who
gave birth to the child.
3. A minor parent may execute a spe cific consent to adoption
or relinquishment without notifying or obtaining the consent of
the parent or parents of the minor.
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4. A specific consent to adoption or relinquishment cannot be
revoked or nullified by the executing parent.
5. A specific cons ent to adoption or relinquishment executed
by a minor parent cannot be revoked or nullified based upon the
minor parent becoming an adult.
6. A specific consent to adoption or relinquishment can
become invalid if:
(a) Every parent of the child does not execute a specific
consent to adoption of the child or relinquishment or have his or
her parental rights terminated by a court of competent jurisdiction
within 18 months after the execution of the specific consent to
adoption or relinquishment;
(b) No petition for adoption of the child has been filed by the
person or persons named in the specific consent to adoption within
18 months after the execution of the specific consent to adoption
or relinquishment;
(c) The sp ecific consent to adoption or relinquishment is
declared void pursuant to section 133 of this act; or
(d) The specific consent to adoption or relinquishment was
obtained under fraud, duress or undue influence and the action to
void the specific consent to adoption or relinquishment is brought
not later than 30 days after the execution.
Sec. 135. The execution of a specific consent to adoption or
relinquishment by a parent shall not be necessary:
1. Where parental rights have been terminated by an order of
a court of competent jurisdiction;
2. Upon the death of the parent, as evidenced by a certificate
of death or other evidence deemed sufficient by the court; or
3. Upon the termination of the parental rights of the parent
through operation of law by a birth father registry operated in
another state.
Sec. 136. 1. A petition for adoption of a child may be filed
at any time after placement with the petitioners.
2. The petition for adoption must state, in substance, the
following:
(a) The full name and age of the petitioners.
(b) The age of the child sought to be adopted and the date that
the child was placed with the petitioners.
(c) That it is the desire of the petitioners that the relationship
of parent and child be established between them and the child.
(d) If the petitioners desire to change the name of the child,
the new name desired.
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(e) That the petitioners are fit and proper persons to have the
care and custody of the child.
(f) That they are financially able to provide for the child.
(g) That there has been a full compliance with the law in
regard to the termination of parental rights , specific consent to
adoption or relinquishment as to all parents.
(h) Whether the petitioners have reason to know that the child
is an Indian child.
(i) That there are no known signs that the child is currently
experiencing victimization from human trafficking, exploitation or
abuse.
(j) Whether an agreement for postadoptive contact has been
entered into by the parent or parents of the child and the
prospective adoptive parent or parents of the child.
(k) Whether there is an order for visitation of a child by a
sibling or other relative.
Sec. 137. Notice of the filing of a petition for the adoption of
a child must be provided to all legal custodians or guardians of the
child who are not a parent of the child.
Sec. 138. 1. Except as otherwise provided in subsection 2,
the prospective adoptive parent or parents, child to be adopted,
representative of the child -placing agency and counsel for the
parties may attend by telephone or remote appearance in lieu of
attending in person, any hearings held by the court concerning the
petition for adoption.
2. The court may waive the attendance of a child to be
adopted for good cause shown.
Sec. 139. If the court finds that the best interest of the child
warrants the granting of the petition, an order of adoption must be
made and filed, ordering that henceforth the child is the child of
the petitioners. When determining whether the best interest of the
child warrants the granting of a petition that is filed by a
prospective adoptive parent, the court shall give strong
consideration to the emotional bond between the child and the
prospective adoptive parent. In the order the court may change the
name of the child, if desired.
Sec. 140. 1. An order entered pursuant to 139 of this act
must include:
(a) A finding that the petitioner complied with the inquiry
requirements under subsection 1 of NRS 125E.210 to determine
whether there is reason to know that the child is an Indian child;
and
(b) A finding that the child is or is not an Indian child.
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2. In an adoption of an Indian child, the order must include:
(a) The birth name and date of birth of the Indian child, the
Indian child’s tribal affiliation and the name of the Indian child
after adoption;
(b) If known, the names and addresses of the parents;
(c) The names and addresses of the adoptive parents;
(d) The name and contact information for any agency having
files or information relating to the adoption;
(e) Any information relating to tribal membership or eligibility
for tribal membership of the Indian child;
(f) The determination regarding the Indian child’s residence,
domicile and tribal wardship status as required under
NRS 125E.250;
(g) A fin ding that the petitioner complied with the notice
requirements under subsection 2 of NRS 125E.220;
(h) If the adoptive placement and the parents entered into a
post-adoptive contact agreement or the adoptive placement and the
Indian child’s tribe has ente red into an agreement that requires
the adoptive placement to maintain connection between the child
and the child’s tribe, the terms of the agreement; and
(i) A finding that the adoptive placement complies with the
placement preferences under NRS 125E.350 or, if the placement
does not comply with the placement preferences under NRS
125E.350, a finding upon the petitioner’s motion under subsection
3 of NRS 125E.350 that good cause exists for placement contrary
to the placement preferences.
3. For each fin ding or determination made under this
section, the court must provide a description of the facts upon
which the finding or determination is based.
4. Upon entry of the order of adoption of an Indian child, the
court shall provide to the United States Bur eau of Indian Affairs
copies of the order entered pursuant to section 139 of this act, any
affidavit signed by a consenting parent requesting anonymity, and
all other required information in accordance with 25 C.F.R. §
23.140.
Sec. 141. 1. After an orde r of adoption has been entered,
the court shall direct the petitioner or the attorney of the petitioner
to prepare a report of adoption on a form prescribed and
furnished by the State Registrar of Vital Statistics or the
equivalent office in the state that issued the birth certificate. The
report may:
(a) Identify the original certificate of birth of the person
adopted;
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(b) Provide sufficient information to prepare a new certificate
of birth for the person adopted;
(c) Identify the order of adoption; and
(d) Be certified by the clerk of the court.
2. If an order of adoption is amended or annulled, the
petitioner or the attorney of the petitioner shall prepare a report to
the State Registrar of Vital Statistics, which includes sufficient
information to identify the original order of adoption and the
provisions of that order which were amended or annulled.
Sec. 142. 1. A placing parent of a child may not bring an
action to set aside an adoption after a petition for adoption has
been granted, unless a c ourt of competent jurisdiction has
previously, in a separate action:
(a) Set aside the specific consent to adoption;
(b) Set aside the relinquishment of the child for adoption; or
(c) Reversed an order terminating the parental rights of the
placing parent.
2. After a petition for adoption has been granted, there is a
presumption for the purposes of this chapter that remaining in the
home of the adoptive parents is in the best interest of the child.
Sec. 143. 1. The child -placing agency may consent to the
adoption of a child under 18 years of age with special needs due to
race, age or physical or mental problems who is in the custody of
the child-placing agency by prospective adoptive parents when, in
the judgment of the child -placing agency, it woul d be in the best
interest of the child to be placed in that adoptive home.
2. The child -placing agency shall in a timely and diligent
manner:
(a) Schedule any evaluations necessary to identify any special
needs the child may have.
(b) If it determines that the child has any special needs:
(1) Notify the prospective adoptive parents:
(I) That they may be eligible for a grant of financial
assistance pursuant to this section; and
(II) The manner in which to apply for such financial
assistance; and
(2) Assist the prospective adoptive parents in applying for
and satisfying any other prerequisites necessary to obtain a grant
of financial assistance pursuant to this section and any other
relevant subsidies and services which may be available.
3. All financial assistance provided under this section ceases
immediately when the child:
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(a) Reaches 18 years of age, if the child is not enrolled in
school, or 19 years of age, if the child is enrolled in school;
(b) Graduates from high school, if the child is at least 18 years
of age;
(c) Becomes self-supporting;
(d) Is emancipated; or
(e) Dies.
4. Neither a grant of financial assistance pursuant to this
section nor any discontinuance of such assistance affects the legal
status or respective obligations of any party to the adoption.
5. A court shall waive all court costs of the prospective
adoptive parents in an adoption proceeding for a child with special
needs if the child -placing agency consents to the adoption of such
a child pursuant to this section.
6. The Division, in consultation with each agency which
provides child welfare services, shall adopt regulations regarding
eligibility for and the procedures for applying for a grant of
financial assistance pursuant to this section.
Sec. 144. 1. A petition to vacate an order of adoption of an
Indian child under this chapter may be filed in a court of
competent jurisdiction by a parent who consented to the adoption.
2. Upon the filing of a petition under this section, the court
shall set a time for a hearing on the petition and provide notice of
the petition and hearing to each party to the adoption proceeding
and to the Indian child’s tribe.
3. After a hearing on the petition, the court shall vacate the
order of adoption if:
(a) The petition is filed not later than 2 years following the
date of the order; and
(b) The court finds by clear and convincing evidence that the
parent’s consent was obtained through fraud or duress.
4. When the court vacates an order of adoption under this
section, the court shall also order that the parental rights of the
parent whose consent the court found was obtained through fraud
or duress be restored. The order restoring parental rights under
this section must include a plan for the physical custody of the
Indian child, whether the Indian child will be placed with an
agency which provides child welfare services or with the parent.
Sec. 145. 1. If an order of adoption of an Indian child
under this chapter is vacated, the court vacating the order must
notify, by registered or certified mail with return receipt requested,
the Indian child’s former parents, prior Indian custodian, if any,
and Indian tribe and the appropriate child-placing agency.
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2. The notice required under subsection 1 must:
(a) Include the Indian child’s current name and any former
names as reflected in the court record;
(b) Inform the recipient of the right to move the court for the
return of custody of and restoration of parental rights to the
Indian child, if appropriate, under this section;
(c) Provide sufficient information to allow the recipient to
participate in any scheduled hearings; and
(d) Be sent to the last known address in the court record.
3. An Indian child’s former parent or prior Indian custodian
may waive notice under this section by executing a waiver of
notice in person before the court and filing the waiver with the
court. The waiver must clearly set out any conditions to the
waiver. Before the execution of the waiver, the court must explain
to the former parent or p rior Indian custodian, on the record in
detail and in the language of the former parent or prior Indian
custodian:
(a) The former parent’s right to legal counsel, if applicable;
(b) The terms and consequences of the waiver; and
(c) How the waiver may be revoked.
4. After execution of the waiver pursuant to subsection 3, the
court shall certify that it provided the explanation as required
under subsection 3 and that the former parent or prior Indian
custodian fully understood the explanation.
5. At any time before the entry of an order of adoption of an
Indian child, the former parent or prior Indian custodian may
revoke a waiver executed by the former parent or prior Indian
custodian pursuant to subsection 3 by filing a written revocation
with the cou rt or by making a statement of revocation on the
record in a proceeding for the adoption of the Indian child.
6. If an order of adoption of an Indian child under this
chapter is vacated other than as provided in NRS 125E.360, an
Indian child’s former parent or prior Indian custodian may
intervene in the proceeding and move the court for the Indian
child to be returned to the custody of the former parent or prior
Indian custodian and for the parental rights to the Indian child to
be restored. The moving party shall provide by registered or
certified mail, return receipt requested, notice of the motion for
the Indian child to be returned to the custody of the former parent
or prior Indian custodian and the time set for filing objections to
the motion, tog ether with notice of proceeding in the form
required under subsection 3 of NRS 125E.220 to:
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(a) The agency which provides child welfare services in the
county in which the order was vacated;
(b) Each tribe of which the child may be a member or in which
the Indian child may be eligible for membership;
(c) The child’s parents;
(d) The child’s Indian custodian, if applicable; and
(e) The appropriate Regional Director of the United States
Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the
identity or location of the child’s parents cannot be ascertained.
The petitioner shall file a declaration of compliance, including
a copy of each notice sent under this subsection, together with any
return receipts or other proof of service.
7. Upon the filing of an objection to a motion made pursuant
to subsection 6, the court shall fix the time for hearing on
objections.
8. The court shall order the Indian child to be returned to the
custody of the former parent or prior Indian custodian or restore
the parental rights to the Indian child unless the court finds, by
clear and convincing evidence, that the return of custody or
restoration of parental rights is not in the best interest of the child,
as described in NRS 125E.230. If the court orders the Indian child
to be returned to the custody of the former parent or prior Indian
custodian, the court’s order must include a transition plan for the
physical custody of the child, which may include protective
supervision.
9. As used in this section:
(a) “Former parent” means a person who was previously the
parent of an Indian child subject to an order of adoption under
this chapter and whose parental rights have not been restored
under section 144 of this act.
(b) “Prior Indian custodian” means a person who was
previously the custodian of an Indian child subject to an order of
adoption of the child under this chapter.
Sec. 146. 1. Notwithstanding any other provision of law, if
an Indian child’s tribe or the United States Secretary of the
Interior requests access to the adoption records of an Indian child,
the court must make the records available not later than 14 days
following the date of the request.
2. The records made available under subsection 1 must, at a
minimum, include the petition, all substant ive orders entered in
the adoption proceedings, the complete record of the placement
finding and, if the placement departs from the placement
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preference under NRS 125E.350, detailed documentation of the
efforts to comply with the placement preferences.
Sec. 147. 1. The parent or parents and the prospective
adoptive parent or parents of a child to be adopted may enter into
an enforceable agreement that provides for postadoptive contact
between:
(a) The child and the parent or parents;
(b) The adoptive p arent or parents and the parent or parents;
or
(c) Any combination thereof.
2. An agreement that provides for postadoptive contact is
enforceable if:
(a) The agreement is in writing and signed by the parties;
(b) The agreement is incorporated into an order of adoption;
and
(c) The agreement is signed by the parent or parents before:
(1) The termination or voluntary relinquishment of the
parental rights of the parent or parents; or
(2) The execution of a specific consent to adoption or
relinquishment.
3. The identity of a parent is not required to be included in an
agreement that provides for postadoptive contact. If such
information is withheld, an agent who may receive service of
process for the parent must be provided in the agreement.
4. A parent or adoptive parent who enters into an agreement
that provides for postadoptive contact shall include in the
agreement an address at which the parent or adoptive parent may
receive service of a petition filed pursuant to section 150 of this act
unless the parent or adoptive parent elects to receive service by
alternate means through electronic mail rather than certified or
registered mail, in which case, the electronic mail address must be
included in the agreement. If a parent or adoptive parent refu ses
or fails to include such an address in an agreement that provides
for postadoptive contact, the court may, on the date on which the
court enters an order of adoption which incorporates the
agreement, order the child -placing agency to provide the court
with the contact information of the parent or adoptive parent who
refused or failed to include the address. If a court so orders, the
court shall:
(a) Append the address to the agreement for postadoptive
contact; and
(b) Make the address available to any party to the agreement
who wishes to file a petition pursuant to section 150 of this act.
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5. If a parent or adoptive parent changes the address that was
included in an agreement that provides for postadoptive contact
pursuant to subsection 4, the parent shall file with the clerk of the
court notice of the change of address within 15 days after the
change of address.
6. A court that enters an order of adoption which
incorporates an agreement that provides for postadoptive contact
shall retain jurisdiction to enforce, modify or terminate the
agreement that provides for postadoptive contact until:
(a) The child reaches 18 years of age;
(b) The child becomes emancipated; or
(c) The agreement is terminated.
7. The establishment of an agreement that provides for
postadoptive contact does not affect the rights of an adoptive
parent as the legal parent of the child as set forth in section 38 of
this act.
Sec. 148. 1. Each prospective adoptive parent of a chi ld to
be adopted who enters into an agreement that provides for
postadoptive contact pursuant to section 147 of this act shall notify
the court responsible for entering the order of adoption of the
child of the existence of the agreement as soon as practicable after
the agreement is established, but not later than the time at which
the court enters the order of adoption of the child.
2. Each:
(a) Director or other authorized representative of the child -
placing agency involved in the adoption proceedings concerning
the child; and
(b) Attorney representing a prospective adoptive parent, the
child and the child -placing agency in the adoption proceedings
concerning the child,
shall, as soon as practicable after obtaining actual knowledge
that the prospective adoptive parent or parents of the child and the
parent or parents of the child have entered into an agreement that
provides for postadoptive contact pursuant to section 147 of this
act, notify the court responsible for entering the order of adoption
of the child of the existence of the agreement.
Sec. 149. 1. Before a court may enter an order of adoption
of a child, the court must address:
(a) Except as otherwise provided in subsection 2, each
prospective adoptive parent of the child to be adopted;
(b) Each director or other authorized representative of the
child-placing agency involved in the adoption proceedings
concerning the child; and
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(c) Each attorney representing a prospective adoptive parent,
the child and the child-placing agency in the adoption proceedings
concerning the child,
and inquire whether the person has actual knowledge that the
prospective adoptive parent or parents of the child and parent or
parents of the child have entered into an agreement that provides
for postadoptive contact pursuant to section 147 of this act.
2. The court may for purposes of subsection 1 address a
prospective adoptive parent described in section 138 of this act by
telephone or remote appearance.
3. If the court determines that the prospective adoptive parent
or parents and the parent or parents have entered into an
agreement that provides for postadoptive contact, the court shall:
(a) Order the prospective adoptive parent or parents to provide
a copy of the agreement to the court; and
(b) Incorporate the agreement into the order of adoption.
Sec. 150. 1. A parent who has entered into an agreement
that provides for postadoptive contact pursuant to section 147 of
this act may, for good cause shown:
(a) Petition the court that entered the ord er of adoption of the
child to prove the existence of the agreement that provides for
postadoptive contact and to request that the agreement be
incorporated into the order of adoption; and
(b) During the period set forth in subsection 2 of section 151 of
this act, petition the court that entered the order of adoption of the
child to enforce the terms of the agreement that provides for
postadoptive contact if the agreement complies with the
requirements of subsection 2 of section 147 of this act.
2. An adoptive parent who has entered into an agreement that
provides for postadoptive contact pursuant to section 147 of this
act may:
(a) During the period set forth in subsection 2 of section 151 of
this act, petition the court that entered the order of adopti on of the
child to enforce the terms of the agreement that provides for
postadoptive contact if the agreement complies with the
requirements of subsection 2 of section 147 of this act; and
(b) Petition the court that entered the order of adoption of the
child to modify or terminate the agreement that provides for
postadoptive contact in the manner set forth in section 152 of this
act.
3. A petition filed pursuant to this section must be:
(a) Filed under the same case number as the proceeding for
adoption;
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(b) Served by the parent or adoptive parent who filed the
petition using certified or registered mail with return receipt
requested, or if elected by any of the parties to the postadoptive
contact agreement to receive service by alternate means throug h
electronic mail, upon each other parent or adoptive parent, as
applicable, who has entered into the agreement that provides for
postadoptive contact at the address provided pursuant to
subsection 4 or 5 of section 147 of this act; and
(c) Heard by:
(1) If available, the judge who issued the order of adoption
of the child;
(2) If the judge described in subparagraph (1) is
unavailable and if a family court has been established in the
judicial district, a judge of the family court; or
(3) If the jud ge described in subparagraph (1) is
unavailable and if a family court has not been established in the
judicial district, any district judge of the judicial district.
Sec. 151. 1. Failure to comply with the terms of an
agreement that provides for postado ptive contact entered into
pursuant to section 147 of this act may not be used as a ground to:
(a) Set aside an order of adoption;
(b) Revoke, nullify or set aside a valid specific consent to
adoption or relinquishment; or
(c) Except as otherwise provid ed in NRS 41.509, award any
civil damages to a party to the agreement.
2. Any action to enforce the terms of an agreement that
provides for postadoptive contact must be commenced not later
than 120 days after the date on which the agreement was
breached.
Sec. 152. 1. An agreement that provides for postadoptive
contact entered into pursuant to section 147 of this act may only
be modified or terminated by an adoptive parent petitioning the
court that entered the order which included the agreement. The
court may grant a request to modify or terminate the agreement
only if:
(a) The adoptive parent petitioning the court for the
modification or termination establishes that:
(1) A change in circumstances warrants the modification or
termination; and
(2) The contact provided for in the agreement is no longer
in the best interest of the child; or
(b) Each party to the agreement consents to the modification
or termination.
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2. If an adoptive parent petitions the court for a modification
or termination of an agreement pursuant to this section:
(a) There is a presumption that the modification or
termination is in the best interest of the child; and
(b) The court may consider the wishes of the child involved in
the agreement.
3. Any order issued pursuant to this section to modify an
agreement that provides for postadoptive contact:
(a) May limit, restrict, condition or decrease contact between
the parties involved in the agreement; and
(b) May not expand or increase the contact between the parties
involved in the agreement or place any new obligation on an
adoptive parent.
Sec. 153. 1. Except as otherwise provided in subsection 3, it
is unlawful for any person to pay or offer to pay money or
anything of value to the parent of a child in return for the parent’s
placement of the child for adoption, for the execution of a specific
consent to adoption or relinquishment or for the cooperation in
the adoption of the child.
2. It is unlawful for any person to receive payment for
medical and other necessary exp enses related to the birth of a
child from a prospective adoptive parent with the intent of not
consenting to or completing the adoption of the child.
3. A person may pay the medical and other necessary living
expenses related to the birth of a child of another as an act of
charity so long as the payment is not contingent upon the parent’s
placement of the child for adoption , the execution of a specific
consent to adoption or relinquishment or cooperation in the
adoption of the child.
4. This section do es not prohibit a parent from refusing to
place a child for adoption after its birth.
5. The provisions of this section do not apply if a woman
enters into a lawful contract to act as a gestational carrier, as
defined in NRS 126.580.
6. A person who violates:
(a) The provisions of subsection 1 is guilty of a category D
felony and shall be punished as provided in NRS 193.130.
(b) The provisions of subsection 2 is guilty of a gross
misdemeanor.
7. As used in this section, “person” includes a hospital.
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Sec. 154. NRS 125E.210 is hereby amended to read as
follows:
125E.210 1. Except if the person already knows that a child
is an Indian child, whenever a person is required in a child custody
proceeding to determine whether there is reason to know that the
child is an Indian child, the person shall make a good faith effort to
determine whether the child is an Indian child, including, without
limitation, by consulting with:
(a) The child;
(b) The child’s parent or parents;
(c) Any person having custod y of the child or with whom the
child resides;
(d) Extended family members of the child;
(e) Any other person who may reasonably be expected to have
information regarding the child’s membership or eligibility for
membership in an Indian tribe; and
(f) Any Indian tribe of which the child may be a member or of
which the child may be eligible for membership.
2. A court or person has reason to know that a child in a child
custody proceeding is an Indian child if:
(a) The person knows that the child is an Indian child;
(b) The court has found that the child is an Indian child or that
there is reason to know that the child is an Indian child;
(c) Any person present in the proceeding, officer of the court
involved in the proceeding, Indian tribe, Indian org anization or
agency informs the court or the person that the child is an Indian
child or that information has been discovered indicating that the
child is an Indian child;
(d) The child indicates to the court or the person that the child is
an Indian child;
(e) The court or the person is informed that the domicile or
residence of the child, the child’s parent or the child’s Indian
custodian is on a reservation or in an Alaska Native village;
(f) The court or the person is informed that the child is or ha s
been a ward of a tribal court;
(g) The court or the person is informed that the child or the
child’s parent possesses an identification card or other record
indicating membership in an Indian tribe;
(h) Testimony or documents presented to the court in dicate in
any way that the child may be an Indian child; or
(i) Any other indicia provided to the court or the person, or
within the knowledge of the court or the person, indicates that the
child is an Indian child.
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3. Except as otherwise provided in [NRS 127.1867,] section 89
of this act, whenever a person is required to demonstrate to the court
in a child custody proceeding that the person made efforts to
determine whether a child is an Indian child, the court shall make
written findings regarding whether the person satisfied the inquiry
requirements under subsection 1 and whether the child is an Indian
child or whether there is reason to know that the child is an Indian
child. At the commencement of any hearing in an emergency
proceeding or a child custody proceeding, unless the court
previously found that the child is an Indian child, the court shall ask,
on the record, each person present on the matter whether the person
has reason to know that the child is an Indian child and shall make a
finding regarding whether there is reason to know that the child is
an Indian child.
4. If the court finds under subsection 3 that there is:
(a) Reason to know that the child is an Indian child but the court
does not have sufficient evidence to find that the c hild is an Indian
child, the court shall order that the inquiry as to whether the child is
an Indian child continue until the court finds that the child is not an
Indian child.
(b) Not reason to know that the child is an Indian child, the court
shall order each party to immediately inform the court if the party
receives information providing reason to know that the child is an
Indian child.
5. If the court finds under subsection 3 that there is reason to
know that the child is an Indian child but the cou rt does not have
sufficient evidence to make a finding that the child is or is not an
Indian child, the court shall require the appropriate agency or other
party to submit a report, declaration or testimony on the record that
the agency or other party used due diligence to identify and work
with all of the tribes of which the child may be a member or in
which the child may be eligible for membership to verify whether
the child is a member or is eligible for membership.
6. A person making an inquiry under this section shall request
that any tribe receiving information under this section keep
documents and information regarding the inquiry confidential.
Sec. 154.5. NRS 125E.230 is hereby amended to read as
follows:
125E.230 In a child custody proceeding involving an Indian
child, when making a determination regarding the best [interests]
interest of the child in accordance with [NRS 125E.010 to
125E.370, inclusive, ] this chapter and chapter 432B of NRS, the
Indian Child Welfare Act [,] of 1978, 25 U.S.C. §§ 1901 et seq., or
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any applicable regulations or rules regarding [NRS 125E.010 to
125E.370, inclusive,] this chapter or chapter 432B of NRS or the
Indian Child Welfare Act, the court shall, in consultation with the
Indian child’s tribe, consider the following:
1. The protection of the safety, well -being, development and
stability of the Indian child;
2. The prevention of unnecessary out-of-home placement of the
Indian child;
3. The prioritization of placement of the Indian child in
accordance with the placement preferences under NRS 125E.350;
4. The value to the Indian child of establishing, developing or
maintaining a political, cultural, social and spiritual relationship
with the Indian child’s tribe and tribal community; and
5. The importance to the Indian child of the Indian tribe’s
ability to maintain the tribe’s existence and integrity in promotion of
the stability and security of Indian children and families.
Sec. 155. Chapter 127 of NRS is hereby amended by adding
thereto the provisions set forth as sections 156 to 168, inclusive, of
this act.
Sec. 156. As used in this chapter, unless the context
otherwise requires, the words and terms defined in sections 157 to
163, inclusive, of this act have the meanings ascribed to them in
those sections.
Sec. 157. “Home study” means the investigation of a
prospective adoptive parent or parents before an adoptive
placement to determine the suitability of the prospective adoptive
home pursuant to NRS 127.2805.
Sec. 158. “Parent” means a person:
1. Who has legal rights, privileges, responsibilities and
obligations to a child and is a biological or legal parent of a child
whose parental rights have not been terminated by a court order
or execution of a specific consent to adoption or relinquishment;
2. Who is a putative parent or proven parent of a child;
3. Who is presumed to be the parent of a child;
4. Whose paternity or parentage has been established
pursuant to chapter 126 of NRS; or
5. Whose parentage has been confirmed by a court order.
Sec. 159. “Placing parent” means a parent who executed a
specific consent to adoption or relinquishment pursuant to this
chapter.
Sec. 160. “Post-placement investigation” means an
investigation of the prospective adoptive ho me after an adoptive
placement pursuant to NRS 127.120.
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Sec. 161. “Prospective adoptive parent” means a person with
whom a child has been placed for adoption but whose petition for
adoption has not been granted by the court.
Sec. 162. “Relinquishment” means a document that is
executed in an agency adoption which:
1. Terminates the parental rights of the person executing the
document in the child to be adopted; and
2. Places the child for adoption with a named child -placing
agency.
Sec. 163. “Specific consent to adoption” means a document
that is executed in an identified adoption which:
1. Terminates or retains the parental right of the person
executing the document; and
2. Authorizes the child to be adopted by a specifically named
person or persons.
Sec. 163.5. An adoptive placement occurs when:
1. A parent executes a specific consent to adoption or
relinquishment; or
2. A child-placing agency grants physical custody of a child
in its custody to a prospective adoptive parent or parents fo r
adoption.
Sec. 164. Compliance with the requirements of the Interstate
Compact on the Placement of Children pursuant to NRS 127.320
to 127.350, inclusive, may be performed by an agency which
provides child welfare services, a child -placing agency or an
attorney licensed to practice law in this State.
Sec. 165. If a parent is considering consenting to an
identified adoption, the child-placing agency shall:
1. Provide information relating to the adoption process,
information concerning the State Regis ter for Adoptions pursuant
to section 33 of this act and information relating to counseling
services, which must be provided before the parent signs the
specific consent to adoption, for the purpose of ensuring that the
decision to consent to the adoption of the child is made without
coercion and not under duress or undue influence, and to make
the placing parent aware of counseling services which can be
made available after the execution of the specific consent to
adoption to ensure that the placing parent is provided with
emotional support;
2. Provide information to the placing parent regarding
alternatives to adoption;
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3. Obtain information regarding the background of the
placing parent for two or three generations, including, without
limitation:
(a) The occurrence of any childhood diseases;
(b) Psychiatric and psychological histories;
(c) Demographic information and social history;
(d) Any use of drugs or alcohol;
(e) Abuse of alcohol;
(f) Blood types;
(g) Any congenital deformities;
(h) Prenatal history, including, without limitation, information
concerning the use of alcohol, drugs, tobacco and prescription
medications during pregnancy; and
(i) Any other pertinent information;
4. Obtain, if the child to be placed for adoption has alread y
been born, information regarding:
(a) The developmental and medical history of the child;
(b) The educational and social development of the child;
(c) The personal relationship between the child and the parent,
including their attitudes towards one another; and
(d) Any religious affiliation of the child;
5. Advise the placing parent that the placing parent may read
the home study of the prospective adoptive parent or parents
identified in the specific consent to adoption before the execution
of the specific consent to adoption;
6. Facilitate a request pursuant to the Interstate Compact on
the Placement of Children, if required by NRS 127.330; and
7. Maintain a case file with a record of the information
obtained and services provided by the child-placing agency.
Sec. 166. 1. Any or all of the attesting witnesses to any
relinquishment may make and sign an affidavit before any person
authorized to administer oaths in this State, stating such facts as
they would be required to testify to in court t o prove the due
execution of the relinquishment. The affidavit must be written on
the relinquishment or, if that is impracticable, on some paper
attached thereto. The sworn statement of any witness so taken
must be accepted by the court in any action or pr oceeding relating
to the validity or due execution of the relinquishment as if it had
been taken before the court.
2. The affidavit described in subsection 1 may be
substantially in the following form:
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State of Nevada }
}ss.
County of ........................... }
(Date) .................................
Then and there personally appeared the within -named
................ and ................, who, being duly sworn, depose
and say: That they witnessed the execution of the within
relinquishment by ................ (name of person or persons
relinquishing); that they subscribed the relinquishment and
declared the same to be a voluntary relinquishment in their
presence; that at the time the relinquishment was executed
it contained the name of the agency to which
relinquishment was made; that they thereafter su bscribed
the same as witnesses in the presence of ................ (name of
person or persons relinquishing) and in the presence of
each other and at the request of ................ (name of person
or persons relinquishing) that at the time of the execution of
the relinquishment ................ (name of person or persons
relinquishing) acknowledged to them that they were, and
they appeared to them to be, in full possession of their
faculties and not under the influence of any drug or
sedative that could impact their reasoning or judgment or
subject to any duress, fear, menace, compulsion or undue
influence whatever; and that they make this affidavit at
their request.
...................................................
...................................................
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
......................................................
Notary Public
Sec. 167. 1. If a prospective adoptive parent or parents
determine that an identified adoption cannot or should not
proceed, the adoptive parent or parents, as applicable, may:
(a) Withdraw a petition for termination of parental rights or a
petition for adoption; and
(b) Declare the specific consent to adoption void and surrender
the adoptive placement.
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2. The declaration surrendering the adoptive placement
pursuant to subsection 1 must:
(a) Be in writing, notarized and acknowledged by the
surrendering prospective adoptive parent or parents; and
(b) Give notice to all parents of the child, the court of
competent jurisdiction and the child-placing agency, if applicable.
3. If a prospective adoptive parent or parents make a
declaration surrender ing an adoptive placement pursuant to
subsection 1, the prospective adoptive parent or parents must:
(a) Return the child to the placing parent or parents, if the
placing parent or parents wish to accept and regain custody of the
child; or
(b) If the placing parent or parents decline to accept the child,
the placing parent or parents may relinquish the child to a child -
placing agency for other placement pursuant to NRS 127.051 and
127.2815.
4. A specific consent to adoption declared void is without
legal effect and the parental rights are restored.
5. An adoptive placement may not be surrendered af ter an
order finalizing the adoption has been entered by the court.
Sec. 168. 1. If a court of competent jurisdiction determines
that a parent has legal rights to a child making the child ineligible
for an agency adoption, the child-placing agency shall:
(a) Immediately declare the relinquishment executed by the
placing parent null and void and without legal effect;
(b) Immediately withdraw the pe tition for termination of
parental rights; and
(c) Provide the court with a declaration that is notarized and
acknowledged by the child-placing agency that the relinquishment
has been voided.
2. If a relinquishment is voided pursuant to subsection 1, al l
legal rights, privileges, responsibilities and obligations to a child
are restored to the placing parent by operation of law.
Sec. 169. NRS 127.005 is hereby amended to read as follows:
127.005 The provisions of NRS [127.010] 127.018 to
127.1895, inclusive, govern [the adoption of minor children, ]
agency adoptions and identified adoptions, and the provisions of
NRS 127.190, 127.200 and 127.210 and the provisions of NRS
[127.010] 127.018 to 127.1895, inclusive, where not inconsistent
with the provisions of NRS 127.190, 127.200 and 127.210, govern
[the adoption of adults.] adult adoptions.
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Sec. 170. NRS 127.018 is hereby amended to read as follows:
127.018 1. Except as otherwise provided in [NRS 125E.010
to 125E.370, inclusive, ] chapter 125E of NRS and NRS 127.041,
[127.115,] 127.151 , [and] 127.1861 [to 127.1869, inclusive, ] ,
127.1863 and 127.1865, a child of whom this State:
(a) Is the home state on the date of the commencement of the
proceeding; or
(b) Was the home state within 6 months before the
commencement of the proceeding,
may not be adopted except upon an order of a district court in this
State.
2. As used in this section, “home state” means:
(a) The state in which a child lived for at least 6 consecutive
months, including any temporary absence from the state, such as a
placement outside of t he state through the Interstate Compact on
the Placement of Children pursuant to NRS 127.320 to 127.350,
inclusive, immediately before the commencement of a proceeding;
or
(b) In the case of a child less than 6 months of age, the state in
which the child lived from birth, including any temporary absence
from the state.
Sec. 171. NRS 127.020 is hereby amended to read as follows:
127.020 1. Except as otherwise provided in subsection 2:
(a) A [minor] child may be adopted by one or more adults
subject to the rules prescribed in this chapter.
(b) A person adopting a child must be at least 10 years older
than the person adopted . [, and the consent of]
(c) If the child [, if] is over the age of 14 years, [is necessary]
the child must agree to [its] the adoption.
2. A court may approve the adoption of a child without regard
to the age of the child and the ages of the prospective adoptive
parents if:
(a) The child is being adopte d by a [stepparent, sister, brother,
aunt, uncle or first cousin and, if the prospective adoptive parent is
married, also by the spouse of the prospective adoptive parent; ]
relative within the third degree of consanguinity; and
(b) The court is satisfied that it is in the best interest of the child.
[and in the interest of the public.]
Sec. 172. NRS 127.030 is hereby amended to read as follows:
127.030 1. One or more adults may petition the district court
of any county in this [state] State for leave to adopt a child. Each
prospective [adopting adult] adoptive parent and each [consenting
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legal] agreeing parent seeking to retain [his or her ] parental rights
must be a joint petitioner [.] and agree to the adoption.
2. Except as otherwise prov ided in subsection 5, a married
person not lawfully separated from [his or her ] a spouse may not
adopt a child without the [consent] agreement of [his or her ] the
spouse, if such spouse is capable of giving such [consent.]
agreement to the adoption.
3. If a spouse [consents] agrees to an adoption as described in
subsection 2, such [consent] agreement does not establish any
parental rights or responsibilities on the part of the spouse unless [he
or she:] the spouse:
(a) Has, in a writing filed with the court, specifically [consented]
agreed to:
(1) Adopting the child; and
(2) Establishing parental rights and responsibilities; and
(b) Is named as an adoptive parent in the order [or decree ] of
adoption.
4. The court shall not name a spouse who [consents] agrees to
an adoption as described in subsection 2 as an adoptive parent in an
order [or decree] of adoption unless:
(a) The spouse has filed a writing with the court as described in
paragraph (a) of subsection 3; and
(b) The home of the spouse is suitable for the child as
determined by [an] a post -placement investigation [conducted]
pursuant to NRS 127.120 [or] and a home study investigation
pursuant to 127.2805.
5. The court may dispense with the requirement for the
[consent] agreement of a spouse who cannot be located after a
diligent search or who is determined by the court to lack the
capacity to [consent.] agree. A spouse for whom the requirement
was dispensed pursuant to this subsection must not be named as an
adoptive parent in an order [or decree] of adoption.
6. [If a person who petitions for the adoption of a child
pursuant to this section is related to the child within the third degree
of consanguinity, the court may, in its discretion, waive the hearing
on the petition.
7.] The court may determine that a child has a legal
relationship with more than two persons who petition for the
adoption of the child pursuant to this section.
Sec. 173. NRS 127.040 is hereby amended to read as follows:
127.040 [1.] Except as provided in NRS 127.090, [written] a
specific consent to [the specific] adoption [proposed by the petition]
or [for] a relinquishment [to an agency authorized to accept
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relinquishments acknowledged by the person or persons
consenting,] is required from:
[(a)] 1. Each [legal] parent of the child who is alive; and
[(b)] 2. Any legal guardian of the person of the child
appointed by a court of competent jurisdiction.
[2. Consent is not required of a parent who has been adjudged
insane for 2 years if the court is satisfied by proof that such insanity
is incurable.]
Sec. 174. NRS 127.041 is hereby amended to read as follows:
127.041 1. If a petition for adoption of a child concerns the
adoption of an Indian child, unless the parental rights of the Indian
child’s parents have been terminated, consent in writing to the
adoption must be given by the Indian child’s parents. Such written
consent must be filed with the court.
2. An Indian child’s parent may consent to the adoption of the
Indian child at any time not less than 10 days following the date of
the Indian child’s birth by executing the consent in person before the
court on the record.
3. Before the execution of a parent’s consent under subsection
2, the court must expl ain to the parent on the record in detail and in
the language of the parent:
(a) The right to legal counsel;
(b) The terms and consequences of the consent in detail; and
(c) That at any time before the entry of the order [or decree] of
adoption, the par ent may withdraw consent for any reason and
petition the court to have the child returned.
4. After the execution of a parent’s consent under subsection 2,
the court shall certify that the court made the explanation under
subsection 3 and that the parent fully understood the explanation.
5. At any time before the entry of an order [or decree ] of
adoption, an Indian child’s parent may withdraw the parent’s
consent under this section. The withdrawal of consent must be made
by filing the written withdrawal with the court or by making a
statement of withdrawal on the record in the adoption proceed ing.
Upon entry of the withdrawal of consent, the court must promptly
notify the person or entity that arranged the adoptive placement to
regain custody and control of the Indian child. A parent who
withdraws [his or her ] consent may petition the court for the return
of the child.
6. As used in this section, “parent” has the meaning ascribed to
it in NRS 125E.130.
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Sec. 175. NRS 127.043 is hereby amended to read as follows:
127.043 [1. Except as otherwise provided in subsection 2, a ]
A child must not be placed in an adoptive home or in the care of
prospective adoptive parents until [a] :
1. An approved home study investigation pursuant to NRS
127.2805 is obtained; and
2. A valid [release for or ] specific consent to adoption or
relinquishment is executed by [the] a parent [who gave birth to ] of
the child [as provided by NRS 127.070.
2. The provisions of this section do not apply if one or more of
the existing legal parents is a petitioner or the petitioner is related to
the child within the t hird degree of consanguinity.] or a court order
is obtained terminating the parental rights of the parents.
Sec. 176. NRS 127.045 is hereby amended to read as follows:
127.045 1. [Except as otherwise provided in subsection 2,
until] Until a [valid release for or] specific consent to adoption or a
relinquishment is executed by [the] a parent [who gave birth to ] of
the child [as provided by NRS 127.070 ] and [the] an approved
home study investigation [required by] pursuant to NRS 127.2805
is [completed,] obtained, no person may:
(a) Petition any court for the appointment of a guardian; or
(b) Be appointed the temporary guardian,
of the person of the child to be adopted.
2. [The provisions of subsection 1 do not apply if one or more
of the existing legal parents is a petitioner or if any petitioner or his
or her spouse is related to the child within the third degree of
consanguinity.] A parent may sign a specific consent to adoption
or relinquishment if the parent is in the custody of a law
enforcement agency or the child is in the custody of an agency
which provides child welfare services.
Sec. 177. NRS 127.053 is hereby amended to read as follows:
127.053 [No]
1. Except as otherwise provided in subsection 2, a specific
consent to [a specific] adoption or relinquishment executed in this
State, or executed outside this State for use in this State, is not valid
unless it:
[1.] (a) Identifies the child to be adopted by name, if any, sex ,
[and] date of birth [.
2.] and time of birth.
(b) Is in writing and signed by the person consenting to the
adoption [as required in this chapter.
3.] or relinquishing for the adoption not sooner than 72 hours
after the birth of the child.
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(c) Is acknowledged by the person consenting and signing the
specific consent to adoption [in the manner and form required for
conveyances of real property.
4.] or relinquishment before a judge or a clerk of the court
having a seal, a notary public or a justice of the peace.
(d) Contains, at the time of execution [,] :
(1) For a specific consent to adoption, the name of the
person or persons to whom specific consent to adopt the child is
given [.
5.] ; or
(2) For a relinquishment, the name of the child -placing
agency.
(e) Indicates whether the [person giving the consent ] placing
parent has reason to know that the child is an Indian child and, if the
person does not have reason to know that the child is an Indian
child, includes a statement that the person will inform the court
immediately if, before the entry of the order [or decree] of adoption
pursuant to NRS 127.150, the person receives information that
provides reason to know that the child is an Indian child.
[6.] (f) Is attested by at least two competent, disinterested
witnesses who subscribe their names to the specific consent to
adoption or relinquishment in the presence of or by remote
appearance of the person consenting [. If neither the petitioner nor
the spouse of a petitioner is related to the child within the third
degree of consanguinity, then one ] or relinquishing and a notary
public. One of the witnesses must be a social worker employed by:
[(a)] (1) An agency which provides child welfare services;
[(b) An]
(2) A child-placing agency ; [licensed in this state to place
children for adoption;
(c)] (3) A comparable state or county agency of another state;
or
[(d)] (4) An agency authorized under the laws of another state
to place children for adoption, if the [natural] parent resides in that
state.
2. A social worker employed by a child -placing agency may
remotely witness the execution of a specific consent to adoption or
relinquishment by a parent of the child to be adopted who resides
in another state.
Sec. 178. NRS 127.055 is hereby amended to read as follows:
127.055 1. Any or all of the attesting witnesses to any
specific consent to adoption may [, at the request of the person or
persons who executed the consent, ] make and sign an affidavit
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before any person authorized to administer oaths in this [state,]
State, stating such facts as they would be required to testify to in
court to prove the due execution of the specific consent to adoption.
The affidavit must be written on the specific consent to adoption [,]
or, if that is impracticable, on some paper attached thereto. The
sworn statement of any witness so taken must be accepted by the
court in any action or proceeding relating to the validity or due
execution of the specific consent to adoption as if it had been taken
before the court.
2. The affidavit described in subsection 1 may be substantially
in the following form:
State of Nevada }
}ss.
County of ........................... }
(Date) .................................
Then and there personally appeared the within -named
................ and ................, who, being duly sworn, depose and
say: That they witnessed the execution of the within specific
consent to adoption by ................ (name of person or persons
[consenting);] giving consent); that [she, he or ] they
subscribed the specific consent to adoption and declared the
same to be a voluntary specific consent to adoption in their
presence; that at the time the specific consent to adoption was
executed it contained the names of the person or persons to
whom specific consent was thereby given to adopt the child;
that they thereafter subscribed the same as witnesses in the
presence of ................ (name of person or persons
[consenting)] giving specific consent) and in the presence of
each other and at the request of ................ (name of person or
persons [consenting);] giving consent) that at the time of the
execution of the specific consent to adoption ................ (name
of person or persons [consenting)] giving consent)
acknowledged to them that [she, he or ] they [was or] were,
and [she, he or ] they appeared to them to be, in full
possession of [her, his or ] their faculties and not under the
influence of any drug or sedative that could impact their
reasoning or judgment or subject to any duress, fear,
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menace, compulsion or undue influence whatever; and that
they make this affidavit at [her, his or] their request.
...................................................
...................................................
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
......................................................
Notary Public
Sec. 179. NRS 127.058 is hereby amended to read as follows:
127.058 [A] In an identified adoption, if a person to whom a
specific consent to adopt a child is given for [a specific] an adoption
pursuant to NRS 127.053 has, at the time the specific consent is
executed, legal custody over the child [and] , the person is legally
responsible for the child and shall provide for the care, support and
maintenance of the child until a court holds a hearing to enter an
order [or decree] of adoption or to den y the petition pursuant to the
laws of this State or another state.
Sec. 180. NRS 127.070 is hereby amended to read as follows:
127.070 1. All [releases for and ] specific consents to
adoption and relinquishments executed in this [state] State by the
parent who gave birth to a child before the birth of the child or
within 72 hours after the birth of the child are invalid.
2. A [release for or ] specific consent to adoption or
relinquishment may be executed by a parent who did not give birth
to the child before the birth of a child if the parent is not married to
the parent who gave birth to the child.
3. A minor parent may execute a specific consent to adoption
or relinquishment without notifying or obtaining the consent of
the parent or parents of the minor.
4. A specific consent to adoption or relinquishment cannot be
revoked or nullified by the executing parent.
5. A specific consent to adoption or relinquishment executed
by a minor parent cannot be revoked or nullified based upon the
minor parent becoming an adult.
6. A [release executed under this subsection becomes ] specific
consent to adoption or relinquishment may become invalid if:
(a) [The parents of the child marry each other before the child is
born;
(b) The parent who gave birth to the child does not execute a
release for or] Every parent of the child does not execute a specific
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consent to adoption of the child [within 6 months after the birth of
the child;] or [
(c)] relinquishment or have his or her parental rights
terminated by a court of competent jurisdiction within 18 months
after the execution of the specific consent to adoption or
relinquishment;
(b) No petition for adoption of the child has been filed by the
person or persons named in the specific consent to adoption within
[2 years] 18 months after the [birth of the child. ] execution of the
specific consent to adoption or relinquishment;
(c) The specific consent to adoption or relinquishment is
declared void pursuant to section 167 or 168 of this act; or
(d) The specific consent to adoption or relinquishment was
obtained under fraud, duress or undue influence and the action to
void the specific consent to adoption or relinquishment is brought
not later than 30 days after the execution.
Sec. 181. NRS 127.090 is hereby amended to read as follows:
127.090 [Consent of a parent ] The execution of a specific
consent to [an] adoption or relinquishment by a parent shall not be
necessary [where] :
1. Where parental rights have been terminated by an order of a
court of competent jurisdiction [.] ;
2. Upon the death of the parent , as evidenced by a certificate
of death or other evidence deemed sufficient by the court; or
3. Upon the termination of the parental rights of the parent
through operation of law by a birth father registry operated in
another state.
Sec. 182. NRS 127.110 is hereby amended to read as follows:
127.110 1. A petition for adoption of a child [who currently
resides in the home of the petitioners ] may be filed at any time after
[the child has lived in the home for 30 days. ] placement with the
petitioners.
2. The petition for adoption must state, in substance, the
following:
(a) The full name and age of the petitioners.
(b) The age of the child sought to be adopted and the [period]
date that the child [has lived in the home of ] was placed with the
petitioners . [before the filing of the petition.]
(c) That it is the desire of the petitioners that the relationship of
parent and child be established between them and the child.
(d) [Their] If the petitioners desire [that] to change the name of
the child , [be changed, together with] the new name desired.
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(e) That the petitioners are fit and proper persons to have the
care and custody of the child.
(f) That they are financially able to provide for the child.
(g) That there has been a full compliance with the law in regard
to termination of parental rights, specific consent to adoption [.] or
relinquishment as to all parents.
(h) [That there has been a full compliance with NRS 127.220 to
127.310, inclusive.
(i)] Whether the petitioners have reason to know that the child is
an Indian child.
[(j)] (i) That there are no known signs that the child is currently
experiencing victimization from human trafficking, exploitation or
abuse.
[3. No order of adoption may be entered unless there has been
full compliance with the provisions of NRS 127.220 to 127.310,
inclusive, and the provisions of NRS 125E.010 to 125E.370,
inclusive, 127.041, 127.115, 127.151 and 127.1861 to 127.1869,
inclusive.]
(j) Whether an agreement for postadoptive contact has been
entered into by the parent or parents of the child and the
prospective adoptive parent or parents of the child.
(k) Whether there is an order for visitation of a child by a
sibling or other relative.
Sec. 183. NRS 127.120 is hereby amended to read as follows:
127.120 1. A petition for adoption of a child must be filed [in
duplicate] with the [county] clerk [. The county clerk shall send one
copy of the petition to the agency which provides child welfare
services.] of the court.
2. [The] Unless waived by the court, the child -placing agency
[which provides child welfare services ] designated by the court
shall make [an] a post -placement investigation and report as
provided in this section. [If one petitioner or the spouse of a
petitioner is related to the child within the third degree of
consanguinity, the court may, in its discretion, waive the
investigation by the agency which provides child welfare services.
A copy of the order waiving the invest igation must be sent to the
nearest office of the agency which provides child welfare services
by the petitioners within 7 days after the order is issued.]
3. [The agency which provides child welfare services or a
licensed] Unless waived by the court, th e designated child-placing
agency [designated to do so by the court] shall:
(a) Verify the allegations of the petition;
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(b) Investigate the condition of the child, including, without
limitation, whether the child is an Indian child; and
(c) Make proper inquiry to determine whether the proposed
[adopting] adoptive parents are suitable for the child.
4. The [agency which provides child welfare services or the ]
designated child-placing agency shall, before the date on which the
child has lived for a period of 6 months in the home of the
petitioners or within 30 days after receiving the copy of the petition
for adoption, whichever is later, submit to the court a full written
report of its findings pursuant to subsection 3, which must contain,
without limitation, a specific recommendation for or against
approval of the petition and a statement of whether the child is
known to be an Indian child, and shall furnish to the court any other
information regarding the child or proposed home which the cou rt
requires. The court, on good cause shown, may extend the time,
designating a time certain, within which to submit the report.
5. If the court is dissatisfied with the report submitted by [the
agency which provides child welfare services or ] the design ated
child-placing agency, the court may order an independent
investigation to be conducted and a report submitted by an agency
or person selected by the court. The costs of the investigation and
report may be assessed against the petitioner . [or charged against
the county in which the adoption proceeding is pending.]
Sec. 184. NRS 127.123 is hereby amended to read as follows:
127.123 Notice of the filing of a petition for the adoption of a
child must be provided to all legal custodians or guardians of the
child who are not a [legal] parent of the child.
Sec. 185. NRS 127.127 is hereby amended to read as follows:
127.127 The petitioners shall file with the court, within 15 days
after the petition is filed or 5 months after the child [begins to live]
is placed in their home, whichever is later, an affidavit executed by
them and their attorney setting forth all fees, donations and expenses
paid by them in furtherance of the adoption. A copy of the affidavit
must be sent to the designated child -placing agency . [which
provides child welfare services. If one petitioner or the spouse of a
petitioner is related to the child within the third degree of
consanguinity, the court may waive the filing of the affidavit.]
Sec. 186. NRS 127.130 is hereby amended to read as follows:
127.130 The post-placement investigation report of [either the
agency which provides child welfare services or ] the [licensed]
child-placing agency designated by the court must not be made a
matter of public record, but must be given i n writing and in
confidence to the district judge before whom the matter is pending.
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If the recommendation of [the agency which provides child welfare
services or ] the designated child-placing agency is adverse, the
district judge, before denying the petit ion, shall give the petitioner
an opportunity to rebut the findings and recommendation of the
report of [the agency which provides child welfare services or ] the
designated child-placing agency.
Sec. 187. NRS 127.145 is hereby amended to read as follows:
127.145 1. [The] Except as otherwise provided in subsection
2, the prospective adoptive parent or parents , child to be adopted,
representative of the child -placing agency and counsel for the
parties may attend by telephone [,] or remote appearance in lieu of
attending in person, any hearings held by the court concerning the
petition for adoption . [if:
(a) The prospective adoptive parents reside in another state or
jurisdiction;
(b) The petition for adoption is filed for the adoption of a child
who is in the custody of an agency which provides child welfare
services or a child-placing agency licensed by the Division pursuant
to this chapter; and
(c) A representative of the agency responsible for supervising
the child in the state where the child wil l be placed appears at the
hearing by telephone.
2. The appearance of the prospective adoptive parents and the
representative of the agency described in paragraph (c) of subsection
1 must occur at the office of the agency or at the home of the
prospective adoptive parents, as determined by the agency.
3. If the prospective adoptive parents are attending a hearing by
telephone pursuant to subsection 1, the court shall place the
telephone call to a telephone number known to be a telephone
number of the ag ency described in paragraph (c) of subsection 1 or
of the prospective adoptive parents.]
2. The court may waive the attendance of a child to be
adopted for good cause shown.
Sec. 188. NRS 127.150 is hereby amended to read as follows:
127.150 1. If the court finds that the best [interests] interest
of the child warrant the granting of the petition, an order [or decree]
of adoption must be made and filed, ordering that henceforth the
child is the child of the petitioners. When determining whether the
best [interests] interest of the child warrant the granting of a petition
that is filed by a [foster] prospective adoptive parent, the court shall
give strong consideration to the emotional bond between the child
and the [foster] prospective adoptive parent. [A copy of the order or
decree must be sent to the nearest office of the agency which
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provides child welfare services by the petitioners within 7 days after
the order or decree is issued. ] In the [decree] order the court may
change the name of the child, if desired.
2. Except as otherwise provided in this subsection, an order [or
decree] of adoption may not be made until [after the child has lived
for] 6 months [in the home of] after the placement of child with the
petitioners. [This subsection does not apply if one of the petitioners
is the stepparent of the child or is related to the child within the third
degree of consanguinity.
3. If the court is not satisfied that the proposed adoption is in
the best interests of the child, the court shall deny the petition and
may order the child returned to the custody of the person or agency
legally vested with custody. The court shall not deny a petition
solely because the petitioner:
(a) Is deaf, is blind or has another physical disability; or
(b) Is the holder of a valid registry identification card.
4. After a petition for adoption has been granted, there is a
presumption that remaining in the home of the adopting parent is in
the child’s best interest.
5. As used in this section:
(a) “Blind” has the meaning ascribed to it in NRS 426.082.
(b) “Holder of a valid registry identification card” means a
person who holds a valid registry identification card as defined in
NRS 678C.080 that identifies the person as:
(1) Exempt from state prosecution for engaging in the
medical use of cannabis; or
(2) A designated primary caregiver as defined in
NRS 678C.040.]
Sec. 189. NRS 127.151 is hereby amended to read as follows:
127.151 1. An order [or decree ] entered pursuant to NRS
127.150 must include:
(a) A finding that the petitioner complied with the inquiry
requirements under subsection 1 of NRS 125E.210 to determine
whether there is reason to know that the child is an Indian child; and
(b) A finding that the child is or is not an Indian child.
2. In an adoption of an Indian child, the order [or decree] must
include:
(a) The birth name and date of birth of the Indian child, the
Indian child’s tribal affiliation and the name of the Indian child after
adoption;
(b) If known, the names and addresses of the [biological]
parents;
(c) The names and addresses of the adoptive parents;
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(d) The name and contact information for any agency having
files or information relating to the adoption;
(e) Any information relating to tribal membership or eligibility
for tribal membership of the Indian child;
(f) The determination regarding the Indian child’s residence,
domicile and tribal wardship status as required under
NRS 125E.250;
(g) A finding that the petition er complied with the notice
requirements under subsection 2 of NRS 125E.220;
(h) If the adoptive placement and the parents entered into a post-
adoptive contact agreement or the adoptive placement and the
Indian child’s tribe has entered into an agreement that requires the
adoptive placement to maintain connection between the child and
the child’s tribe, the terms of the agreement; and
(i) A finding that the adoptive placement complies with the
placement preferences under NRS 125E.350 or, if the placement
does not comply with the placement preferences under NRS
125E.350, a finding upon the petitioner’s motion under subsection 3
of NRS 125E.350 that good cause exists for placement contrary to
the placement preferences.
3. For each finding or determination made under this section,
the court must provide a description of the facts upon which the
finding or determination is based.
4. Upon entry of the order [or decree] of adoption of an Indian
child, the court shall provide to the United States Bureau of Indian
Affairs copies of the order [or decree ] entered pursuant to
NRS 127.150, any affidavit signed by a consenting parent
requesting anonymity, and all other require d information in
accordance with 25 C.F.R. § 23.140.
Sec. 190. NRS 127.152 is hereby amended to read as follows:
127.152 1. Except as otherwise provided in subsection 3, the
[agency which provides child welfare services or a licensed ] child-
placing ag ency shall provide the [adopting] prospective adoptive
parents of a child with a report which includes:
(a) A copy of any medical records of the child which are in the
possession of the [agency which provides child welfare services or
licensed] child-placing agency.
(b) Any information obtained by the [agency which provides
child welfare services or licensed ] child-placing agency during
interviews of the [natural] parent regarding:
(1) The medical and sociological history of the child and the
[natural] parents of the child; and
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(2) Any behavioral, emotional or psychological problems
that the child may have. Information regarding any behavioral,
emotional or psychological problems that the child may have must
be discussed in accordance with policies es tablished by [an agency
which provides child welfare services and ] a child -placing agency
pursuant to regulations adopted by the Division for the disclosure of
such information.
(c) Written information regarding any subsidies, assistance and
other services that may be available to the child if it is determined
pursuant to NRS 127.186 that the child has any special needs.
2. The [agency which provides child welfare services or] child-
placing agency shall obtain from the [adopting] prospective
adoptive parents written confirmation that the [adopting]
prospective adoptive parents have received the report required
pursuant to subsection 1.
3. The report required pursuant to subsection 1 must exclude
any information that would lead to the identification of t he [natural]
parent.
4. The Division shall adopt regulations specifying the
procedure and format for the provision of information pursuant to
this section, which may include the provision of a summary of
certain information. If a summary is provided purs uant to this
section, the [adopting] prospective adoptive parents of the child may
also obtain the information set forth in subsection 1.
5. This section does not apply to identified adoptions.
Sec. 191. NRS 127.155 is hereby amended to read as follows:
127.155 Any order or decree of adoption entered after July 1,
1963, and before July 1, 1965, by a court of competent jurisdiction
where there has not been a complete compliance with NRS 127.220
to [127.310,] 127.287, inclusive, is hereby declared valid.
Sec. 192. NRS 127.157 is hereby amended to read as follows:
127.157 1. After an order [or decree ] of adoption has been
entered, the court shall direct the petitioner or [his or her ] the
attorney of the petitioner to prepare a report of adoption on a form
prescribed and furnished by the State Registrar of Vital Statistics [.]
or the equivalent office in the state that issued the birth certificate.
The report [must:] may:
(a) Identify the original certificate of birth of the person
adopted;
(b) Provide sufficient information to prepare a new certificate of
birth for the person adopted;
(c) Identify the order [or decree] of adoption; and
(d) Be certified by the clerk of the court.
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2. [The agency which provides child welfare services sh all
provide the petitioner or his or her attorney with any factual
information which will assist in the preparation of the report
required in subsection 1.
3.] If an order [or decree] of adoption is amended or annulled,
the petitioner or [his or her ] the attorney of the petitioner shall
prepare a report to the State Registrar of Vital Statistics, which
includes sufficient information to identify the original order [or
decree] of adoption and the provisions of that [decree] order which
were amended or annulled.
[4. The petitioner or his or her attorney shall forward all reports
required by the provisions of this section to the State Registrar of
Vital Statistics not later than the 10th day of the month next
following the month in which the order or de cree was entered, or
more frequently if requested by the State Registrar, together with
any related material the State Registrar may require.]
Sec. 193. NRS 127.165 is hereby amended to read as follows:
127.165 1. A [prior] placing parent of a child may not bring
an action to set aside an adoption after a petition for adoption has
been granted, unless a court of competent jurisdiction has
previously, in a separate action:
(a) Set aside the specific consent to [the] adoption;
(b) Set aside the relinquishment of the child for adoption; or
(c) Reversed an order terminating the parental rights of the
placing parent.
2. After a petition for adoption has been granted, there is a
presumption for the purposes of this chapter that remaining in the
home of the [adopting] adoptive parents is in the [child’s] best
interest [.] of the child.
Sec. 194. NRS 127.186 is hereby amended to read as follows:
127.186 1. The [agency which provides child welfare
services or a ] child-placing agency [licensed by the Division
pursuant to this chapter ] may consent to the adoption of a child
under 18 years of age with special needs due to race, age or physical
or mental problems who is in the custody of [the agency which
provides child welfare services or ] the [licensed] child-placing
agency by [proposed] prospective adoptive parents when, in the
judgment of the [agency which provides child welfare services or ]
the child-placing agency, it would be in the best [interests] interest
of the child to be placed in that adoptive home.
2. The [agency which provides child welfare services or] child-
placing agency [, whichever has custody of the child, ] shall in a
timely and diligent manner:
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(a) Schedule any evaluations necessary to identify any special
needs the child may have.
(b) If it determines that the child has any special needs:
(1) Notify the [proposed] prospective adoptive parents:
(I) That they may be eligible for a grant of financial
assistance pursuant to this section; and
(II) The manner in which to apply for such financial
assistance; and
(2) Assist the [proposed] prospective adoptive parents in
applying for and satisfying any other prerequisites necessary to
obtain a grant of financial assistance pursuant to this section and any
other relevant subsidies and services which may be available.
3. [The agency which provides child welfare services may
grant financial assistance for attorney’s fees in the adoption
proceeding, for maintenance and for preexisting physical or mental
conditions to the adoptive pa rents of a child with special needs out
of money provided for that purpose if the head of the agency which
provides child welfare services or his or her designee has reviewed
and approved in writing the grant of financial assistance.
4. The grant of financial assistance must be limited, both as to
amount and duration, by agreement in writing between the agency
which provides child welfare services and the adoptive parents.
Such an agreement must not become effective before the entry of
the order of adoption.
5. Any grant of financial assistance must be reviewed and
evaluated at least once annually by the agency which provides child
welfare services. The evaluation must be presented for approval to
the head of the agency which provides child welfare s ervices or his
or her designee. Financial assistance must be discontinued
immediately upon written notification to the adoptive parents by the
agency which provides child welfare services that continued
assistance is denied.
6.] All financial assistance provided under this section ceases
immediately when the child:
(a) Reaches 18 years of age, if the child is not enrolled in
school, or 19 years of age, if the child is enrolled in school;
(b) Graduates from high school, if the child is at least 18 years
of age;
(c) Becomes self-supporting;
(d) Is emancipated; or
(e) Dies.
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[7.] 4. Neither a grant of financial assistance pursuant to this
section nor any discontinuance of such assistance affects the legal
status or respective obligations of any party to the adoption.
[8.] 5. A court shall waive all court costs of the proposed
adoptive parents in an adoption proceeding for a child with special
needs if the [agency which provides child welfare services or] child-
placing agency consents to the adoption of such a child pursuant to
this section.
[9.] 6. The Division, in consultation with each agency which
provides child welfare services, shall adopt regulations regarding
eligibility for and the procedures for applying for a grant of financial
assistance pursuant to this section.
Sec. 195. NRS 127.1861 is hereby amended to read as
follows:
127.1861 1. A petition to vacate an order [or decree ] of
adoption of an Indian child under this chapter may be filed in a court
of competent jurisdiction by a parent who consented to the adoption.
2. Upon the filing of a petition under this section, the court
shall set a time for a hearing on the petition and provide notice of
the petition and hearing to each party to the adoption proceeding and
to the Indian child’s tribe.
3. After a hearing on the petition, the court shall vacate the
order [or decree] of adoption if:
(a) The petition is filed not later than 2 years following the date
of the order [or decree;] ; and
(b) The court finds by clear and convincing evidence that the
parent’s consent was obtained through fraud or duress.
4. When the court vacates an order [or decree ] of adoption
under this section, the court shall also order that the parental rights
of the parent whose consent the court found was obtained through
fraud or duress be restored. The order restoring parental rights under
this section must include a plan for the physical custody of the
Indian child, whether the Indian child will be placed with an agency
which provides child welfare services or with the parent.
Sec. 196. NRS 127.1863 is hereby amended to read as
follows:
127.1863 1. If an order [or decree] of adoption of an Indian
child under this chapter is vacated, the court vacating the o rder [or
decree] must notify, by registered or certified mail with return
receipt requested, the Indian child’s former parents, prior Indian
custodian, if any, and Indian tribe and the appropriate child-placing
agency . [which provides child welfare services.]
2. The notice required under subsection 1 must:
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(a) Include the Indian child’s current name and any former
names as reflected in the court record;
(b) Inform the recipient of the right to move the court for the
return of custody of and restoration of parental rights to the Indian
child, if appropriate, under this section;
(c) Provide sufficient information to allow the recipient to
participate in any scheduled hearings; and
(d) Be sent to the last known address in the court record.
3. An Indian child’s former parent or prior Indian custodian
may waive notice under this section by executing a waiver of notice
in person before the court and filing the waiver with the court. The
waiver must clearly set out any conditions to the waiver. Before the
execution of the waiver, the court must explain to the former parent
or prior Indian custodian, on the record in detail and in the language
of the former parent or prior Indian custodian:
(a) The former parent’s right to legal counsel, if applicable;
(b) The terms and consequences of the waiver; and
(c) How the waiver may be revoked.
4. After execution of the waiver pursuant to subsection 3, the
court shall certify that it provided the explanation as required under
subsection 3 and that the former parent or prior Indian custodian
fully understood the explanation.
5. At any time before the entry of an order [or decree ] of
adoption of an Indian child, the former parent or prior Indian
custodian may revoke a waiver executed by the former parent or
prior Indian custodian pursuant to subsection 3 by filing a written
revocation with the court or by making a statement of revo cation on
the record in a proceeding for the adoption of the Indian child.
6. If an order [or decree] of adoption of an Indian child under
this chapter is vacated other than as provided in NRS 125E.360, an
Indian child’s former parent or prior Indian custodian may intervene
in the proceeding and move the court for the Indian child to be
returned to the custody of the former parent or prior Indian
custodian and for the parental rights to the Indian child to be
restored. The moving party shall provide by re gistered or certified
mail, return receipt requested, notice of the motion for the Indian
child to be returned to the custody of the former parent or prior
Indian custodian and the time set for filing objections to the motion,
together with notice of proce eding in the form required under
subsection 3 of NRS 125E.220 to:
(a) The agency which provides child welfare services in the
county in which the order was vacated;
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(b) Each tribe of which the child may be a member or in which
the Indian child may be eligible for membership;
(c) The child’s parents;
(d) The child’s Indian custodian, if applicable; and
(e) The appropriate Regional Director of the United States
Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the
identity or location of the child’s parents cannot be ascertained.
The petitioner shall file a declaration of compliance, including a
copy of each notice sent under this subsection, together with any
return receipts or other proof of service.
7. Upon the filing of an objection to a motion made pursuant to
subsection 6, the court shall fix the time for hearing on objections.
8. The court shall order the Indian child to be returned to the
custody of the former parent or prior Indian custodian or restore the
parental rights to the Indian child unless the court finds, by clear and
convincing evidence, that the return of custody or restoration of
parental rights is not in the [child’s] best [interests,] interest of the
child, as described in NRS 125E.230. If the court orders the Indian
child to be returned to the custody of the former parent or prior
Indian custodian, the court’s order must include a transition plan for
the physical custody of the child, which may include protective
supervision.
9. As used in this section:
(a) “Former parent” means a person who was previously the
[legal] parent of an Indian child subject to an order [or decree] of
adoption under this chapter and whose parental rights have not been
restored under NRS 127.1861.
(b) “Prior Indian custodian” means a person who was previously
the custodian of an Indian child subject to an order [or decree] of
adoption of the child under this chapter.
Sec. 197. NRS 127.187 is hereby amended to read as follows:
127.187 1. The [natural] parent or parents and the
prospective adoptive parent or parents of a child to be adopted may
enter into an enforceable agreement that provides for postadoptive
contact between:
(a) The child and [his or her natural] the parent or parents;
(b) The adopt ive parent or parents and the [natural] parent or
parents; or
(c) Any combination thereof.
2. An agreement that provides for postadoptive contact is
enforceable if:
(a) The agreement is in writing and signed by the parties;
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(b) The agreement is incorp orated into an order [or decree ] of
adoption; and
(c) [In the case of an agreement that concerns a child who was in
the custody of an agency which provides child welfare services
before being adopted:
(1) The agency which provides child welfare services has
determined that the agreement is in the best interest of the child; or
(2) The court has determined, after a hearing, that the
agreement is in the best interest of the child. ] The agreement is
signed by the parent or parents before:
(1) The termination or voluntary relinquishment of the
parental rights of the parent or parents; or
(2) The execution of a specific consent to adoption or
relinquishment.
3. The identity of a [natural] parent is not required to be
included in an agreement that provides for postadoptive contact. If
such information is withheld, an agent who may receive service of
process for the [natural] parent must be provided in the agreement.
4. A [natural] parent or adoptive parent who enters into an
agreement that provides for postadoptive contact shall include in the
agreement an address at which the [natural] parent or adoptive
parent may receive service of a petition filed pursuant to NRS
127.1885 [.] , unless the parent or adoptive parent elects to receive
service by alternate means through electronic ma il rather than
certified or registered mail, in which case, the electronic mail
address must be included in the agreement. If a [natural] parent or
adoptive par ent refuses or fails to include such an address in an
agreement that provides for postadoptive contact, the court may, on
the date on which the court enters an order [or decree] of adoption
which incorporates the agreement, order the child-placing agency
[which provides child welfare services] to provide the court with the
contact information of the [natural] parent or adoptive parent who
refused or failed to include [his or her ] the address. If a court so
orders, the court shall:
(a) Append the address to the agreement for postadoptive
contact; and
(b) Make the address available to any party to the agreement
who wishes to file a petition pursuant to NRS 127.1885.
5. If a [natural] parent or adoptive parent changes [his or her ]
the address that was incl uded in an agreement that provides for
postadoptive contact pursuant to subsection 4, the parent shall file
with the clerk of the court notice of the change of address within 15
days after the change of address.
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6. A court that enters an order [or decree] of adoption which
incorporates an agreement that provides for postadoptive contact
shall retain jurisdiction to enforce, modify or terminate the
agreement that provides for postadoptive contact until:
(a) The child reaches 18 years of age;
(b) The child becomes emancipated; or
(c) The agreement is terminated.
7. The establishment of an agreement that provides for
postadoptive contact does not affect the rights of an adoptive parent
as the legal parent of the child as set forth in [NRS 127.160.] section
38 of this act.
Sec. 198. NRS 127.1875 is hereby amended to read as
follows:
127.1875 1. Each prospective adoptive parent of a child to be
adopted who enters into an agreement that provides for postadoptive
contact pursuant to NRS 127.187 shall notify the court responsible
for entering the order [or decree ] of adoption of the child of
the existence of the agreement as soon as practicable after the
agreement is established, but not later than the time at which the
court enters the order [or decree] of adoption of the child.
2. Each:
(a) Director or other authorized representative of the [agency
which provides child welfare services or the licensed ] child-placing
agency involved in the adoption proceedings concerning the child;
and
(b) Attorney representing a prospective adoptive parent, the
child [,] or the [agency which provides child welfare services or the
licensed] child-placing agency in the adoption proceedings
concerning the child,
shall, as soon as practicable after obtaining actual knowledge that
the prospective adoptive parent or parents of the child and the
[natural] parent or parents of the child have entered into an
agreement that provides for postadoptive contact pursuant to
NRS 127.187, notify the court responsible for ent ering the order [or
decree] of adoption of the child of the existence of the agreement.
Sec. 199. NRS 127.188 is hereby amended to read as follows:
127.188 1. Before a court may enter an order [or decree] of
adoption of a child, the court must address : [in person:]
(a) Except as otherwise provided in subsection 2, each
prospective adoptive parent of the child to be adopted;
(b) Each director or other authorized representative of the
[agency which provides child welfare services or the licensed] child-
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placing agency involved in the adoption proceedings concerning the
child; and
(c) Each attorney representing a prospective adoptive parent, the
child [,] or the [agency which provides child welfare services or the
licensed] child-placing agency in the a doption proceedings
concerning the child,
and inquire whether the person has actual knowledge that the
prospective adoptive parent or parents of the child and [natural]
parent or parents of the child have entered into an agreement that
provides for postadoptive contact pursuant to NRS 127.187.
2. The court may for purposes of subsection 1 address a
prospective adoptive parent described in NRS 127.145 by telephone
[.] or remote appearance.
3. If the court determines that the prospective adoptive parent
or parents and the [natural] parent or parents have entered into an
agreement that provides for postadoptive contact, the court shall:
(a) Order the prospective adoptive parent or parents to provide a
copy of the agreement to the court; and
(b) Incorporate the agreement into the order [or decree ] of
adoption.
Sec. 200. NRS 127.1885 is hereby amended to read as
follows:
127.1885 1. A [natural] parent who has entered into an
agreement that provides for postadoptive contact pursuant to NRS
127.187 may, for good cause shown:
(a) Petition the court that entered the order [or decree ] of
adoption of the child to prove the existence of the agreement that
provides for postadoptive contact and to request that the agreement
be incorporated into the order [or decree] of adoption; and
(b) During the period set forth in subsection 2 of NRS 1 27.189,
petition the court that entered the order [or decree] of adoption of
the child to enforce the terms of the agreement that provides for
postadoptive contact if the agreement complies with the
requirements of subsection 2 of NRS 127.187.
2. An adoptive parent who has entered into an agreement that
provides for postadoptive contact pursuant to NRS 127.187 may:
(a) During the period set forth in subsection 2 of NRS 127.189,
petition the court that entered the order [or decree] of adoption of
the chil d to enforce the terms of the agreement that provides for
postadoptive contact if the agreement complies with the
requirements of subsection 2 of NRS 127.187; and
(b) Petition the court that entered the order [or decree ] of
adoption of the child to modify or terminate the agreement that
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provides for postadoptive contact in the manner set forth in
NRS 127.1895.
3. A petition filed pursuant to this section must be:
(a) Filed under the same case number as the proceeding for
adoption;
(b) Served by the [natural] parent or adoptive parent who filed
the petition using certified or registered mail with return receipt
requested, or if elected by any of the parties to the postadoptive
contact agreement to receive service by alternate means through
electronic mail, upon each other [natural] parent or adoptive parent,
as applicable, who has entered into the agreement that provides for
postadoptive contact at the address provided pursuant to subsection
4 or 5 of NRS 127.187; and
(c) Heard by:
(1) If [he or she is] available, the judge who issued the order
[or decree] of adoption of the child;
(2) If the judge described in subparagraph (1) is unavailable
and if a family court has been established in the judicial district, a
judge of the family court; or
(3) If the judge described in subparagraph (1) is unavailable
and if a family court has not been established in the judicial district,
any district judge of the judicial district.
Sec. 201. NRS 127.189 is hereby amended to read as follows:
127.189 1. Failure to comply with the terms of an agreement
that provides for postadoptive contact entered into pursuant to NRS
127.187 may not be used as a ground to:
(a) Set aside an order [or decree] of adoption;
(b) Revoke, nullify or set aside a valid [release for or] specific
consent to [an] adoption or [a] relinquishment ; [for adoption;] or
(c) Except as otherwise provided in NRS 41.509, award any
civil damages to a party to the agreement.
2. Any action to enforce the terms of an agreement that
provides for postadoptive contact must be commenced not later than
120 days after the date on which the agreement was breached.
Sec. 202. NRS 127.1895 is hereby amended to read as
follows:
127.1895 1. An agreement that provides for postadoptive
contact entered into pursuant to NRS 127.187 may only be modified
or terminated by an adoptive parent petitioning the court that
entered the order [or decree ] which included the agreement. The
court may grant a request to modify or terminate the agreement only
if:
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(a) The adoptive parent petitioning the court for the modification
or termination establishes that:
(1) A change in circumstances warrants the modification or
termination; and
(2) The contact provided for in the agreement is no longer in
the best [interests] interest of the child; or
(b) Each party to the agreement consents to the modification or
termination.
2. If an adoptive parent petitions the court for a modification or
termination of an agreement pursuant to this section:
(a) There is a presumption that the modification or termination
is in the best [interests] interest of the child; and
(b) The court may consider the wishes of the child involved in
the agreement.
3. Any order issued pursuant to this section to modify an
agreement that provides for postadoptive contact:
(a) May limit, restrict, condition or decrease contact between the
parties involved in the agreement; and
(b) May not expand or increase the contact between the parties
involved in the agreement or place any new obligation on an
adoptive parent.
Sec. 203. NRS 127.190 is hereby amended to read as follows:
127.190 1. Notwithstanding any other provision of law, any
adult person may adopt any other adult person who is at least 10
years younger than [himself or herself, ] the potential adopting
person, except the spouse of the adopting person, by an agreement
of adoption approved by [a decree ] an order of adoption of the
district court in the county in which either the person adopting or the
person adopted resides.
2. The agreement of adoption shall be in writing and shall be
executed by the person adopting and the person to be adopted, and
shall set forth that the parties agree to assume toward each other the
legal relation of parent and child, and to have all of the rights and be
subject to all of the duties and responsibilities of that relation.
3. Notwithstanding any other provision of law, the petitioner
being adopted may change his or her name as part of the adoption
petition, if so desired.
Sec. 204. NRS 127.200 is hereby amended to read as follows:
127.200 1. A married person not lawfully separated from [his
or her] a spouse may not adopt an adult person without the [consent]
agreement of the spouse of the adopting person, if such spouse is
capable of giving such [consent.] agreement.
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2. A married person not lawfully separated from [his or her ] a
spouse may not be adopted without the [consent] agreement of the
spouse of the person to be adopted, if such spouse is capable of
giving such [consent.] agreement.
3. Neither the [consent] agreement of the [natural] parent or
parents of the person to be adopted, nor of the Division, nor of any
other person is required.
Sec. 205. NRS 127.210 is hereby amended to read as follows:
127.210 1. The adopting person [and] or the person to be
adopted may file in the district court in the county in which either
resides a petition praying for approval of the agreement of adoption
by the issuance of [a decree] an order of adoption.
2. The petition for adoption must state:
(a) The full names of the petitioners and the ages of the
petitioners;
(b) That it is the desire of the petitioners that the relationship
of parent and child be established between the petitioners;
(c) Whether the petitioner bei ng adopted desires a name
change, together with the new name desired, and if the petitioner
being adopted desires an amended birth certificate;
(d) If the petitioner being adopted desires to add the adopting
person as an additional parent or replace a spe cific parent on the
birth certificate of the person being adopted; and
(e) That there has been full compliance with the law.
3. The court shall fix a time and place for a hearing on the
petition, [and] unless the hearing is waived by the court upon the
request of the petitioners.
4. Except as otherwise provided in subsection 3, both the
person adopting and the person to be adopted shall appear at the
hearing , [in person, ] but if such appearance is impossible or
impractical, appearance may be made for either or both of such
persons by counsel empowered in writing to make such appearance.
[3.] 5. The court may require notice of the time and place of
the hearing to be served on other interested persons, and any such
interested person may appear and object to the proposed adoption.
[4. No investigation or report to the court by any public officer
is required, but the court may require the Division to investigate the
circumstances and report thereon, with recommendations, to the
court before the hearing.
5.] 6. At the hearing the court shall examine the parties, or the
counsel of any party not present , as applicable, in person [.] or by
remote appearance. If the court is satisfied that the adoption will be
for the best [interests] interest of the parties , [and in the public
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interest,] and that there is no reason why the petition should not be
granted, the court shall approve the agreement of adoption, and
enter [a decree ] an order of adoption declaring that the person
adopted is the child of the p erson adopting him or her [.] and if
requested, order a name change. Otherwise, the court shall
withhold approval of the agreement and deny the prayer of the
petition.
Sec. 206. NRS 127.220 is hereby amended to read as follows:
127.220 As used in NRS 1 27.220 to [127.310,] 127.287,
inclusive, unless the context otherwise requires:
1. [“Agency which provides child welfare services” has the
meaning ascribed to it in NRS 432B.030.
2. “Arrange the placement of a child” means to make
preparations for or bring about any agreement or understanding
concerning the adoption of a child.
3. “Child-placing agency” means a nonprofit corporation
organized pursuant to chapter 82 of NRS, and licensed by the
Division to place children for adoption or permanent free care.
4.] “Person” includes a hospital.
[5.] 2. “Recommend the placement of a child” means to
suggest to a child -placing agency that a prospective adoptive parent
be allowed to adopt a specific child, born or in utero.
Sec. 207. NRS 127.230 is hereby amended to read as follows:
127.230 1. The Division shall:
(a) Establish reasonable minimum standards for child -placing
agencies.
(b) In consultation with each agency which provides child
welfare services, adopt:
(1) Regulations concerning the operation of an agency which
provides child welfare services and child-placing agencies.
(2) Regulations establishing the procedure to be used by an
agency which provides child welfare services and a child -placing
agency in placing children for adoption, which must allow the
[natural] parent or parents and the prospective adoptive parent or
parents to determine, by mutual [consent,] agreement, the amount
of identifying information that will be communicated concerning
each of them.
(3) Any other regulati ons necessary to carry out its powers
and duties regarding the adoption of children or the placement of
children for adoption or permanent free care, including, without
limitation, such regulations necessary to ensure compliance with the
provisions of this chapter and any regulations adopted pursuant
thereto.
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2. Each agency which provides child welfare services and
child-placing agency shall conform to the standards established and
the regulations adopted pursuant to subsection 1.
Sec. 208. NRS 127.280 is hereby amended to read as follows:
127.280 1. A child may not be placed in the home of
prospective adoptive parents [for the 30-day residence in that home
which is required before the filing of a petition for adoption, except
where a child and one of the prospective adoptive parents are related
within the third degree of consanguinity,] unless:
(a) The [agency which provides child welfare services or a ]
child-placing agency first receives written notice of the proposed
placement from:
(1) The prospective adoptive parents of the child;
(2) The person recommending the placement; or
(3) A [natural] parent;
(b) The [investigation] home study investigation required by the
provisions of NRS 127.2805 has been completed; and
(c) In the case of [a specific] an identified adoption, the
[natural] parent placing the child for adoption has had an
opportunity to review [the report on the investigation of the home, ]
a redacted home study investigation of the prospective adoptive
parent or parents, if possible.
2. Upon receipt of written notice from any person other than
the [natural] parent, the [agency which provides child welfare
services or ] child-placing agency shall communicate with the
[natural] parent to confirm the [natural] parent’s intention to place
the child for adoption with the prospective adoptive parents
identified in the written notice.
Sec. 209. NRS 127.2805 is hereby amended to read as
follows:
127.2805 1. The [agency which provides child welfare
services or a] child-placing agency shall, within 60 days after receipt
of confirmation of the [natural] parents’ intent to place the child for
adoption and a completed application for adoption from the
prospective adoptive parent or parents, complete [an investigation
of] a home study that investigates the medical, mental, financial
and moral backgrounds of the prospective adoptive parents to
determine the suitability of the home for placement of the child for
adoption. The investigation must also embrace any other rel evant
factor relating to the qualifications of the prospective adoptive
parents and may be a substitute for the investigation required to be
conducted by the child-placing agency [which provides child
welfare services] on behalf of the court when a petition for adoption
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is pending, if the petition for adoption is filed within 6 months after
the completion of the investigation required by this subsection. [If a
child-placing agency undertakes the investigation, it shall provide
progress reports to the agency which provides child welfare services
in such a format and at such times as the agency which provides
child welfare services requires to ensure that the investigation will
be completed within the 60 -day period. If, at any time, the agency
which provides c hild welfare services determines that it is unlikely
that the investigation will be completed in a timely manner, the
agency which provides child welfare services shall take over the
investigation and complete it within the 60 -day period or as soon
thereafter as practicable.]
2. If the placement is to be made in a home outside of this
[state,] State, the [which provides child welfare services or ] child-
placing agency must receive a copy of a report, completed by the
appropriate authority, of an investigat ion of the home and the
medical, mental, financial and moral backgrounds of the prospective
adoptive parents to determine the suitability of the home for
placement of the child for adoption . [, unless the child and one of
the prospective adoptive parents are related within the third degree
of consanguinity.]
Sec. 210. NRS 127.281 is hereby amended to read as follows:
127.281 1. A prospective adoptive parent who is subject to
an investigation by the [agency which provides child welfare
services or a ] child-placing agency must submit as part of the
investigation a complete set of [his or her ] fingerprints and written
permission authorizing the [agency which provides child welfare
services or] child-placing agency to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History for
submission to the Federal Bureau of Investigation.
2. The [agency which provides child welfare services or] child-
placing agency may exchange with the Central Repository or the
Federal Bureau of Investigation any information respecting the
fingerprints submitted.
3. When a report from the Federal Bureau of Investigation is
received by the Central Repository, it shall immediately forward a
copy of the report to the [agency which provides child w elfare
services or] child-placing agency that submitted the fingerprints.
4. Any fees for fingerprinting and submission to the Central
Repository and the Federal Bureau of Investigation must be paid by
the prospective adoptive parent . [, except that:
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(a) In a county whose population is less than 100,000, the
Division may adopt regulations providing for the payment of those
fees by the Division; or
(b) In a county whose population is 100,000 or more, the board
of county commissioners may provide by ordinance for the payment
of those fees by the agency which provides child welfare services.]
Sec. 211. NRS 127.2815 is hereby amended to read as
follows:
127.2815 1. Pending completion of the required
investigation, the child must be:
(a) Retained by the [natural] parent; or
(b) Placed by the [natural] parent with the [agency which
provides child welfare services or ] child-placing agency and placed
by the [agency which provides child welfare services or ] child-
placing agency in a foster home licensed pursuant to NRS 424.030,
until a determination is made concerning the suitability of the
prospective adoptive parents.
2. Upon completion of the investigation, the [agency which
provides child welfare services or ] child-placing agency shall
forthwith inform the [natural] parent, the person recommending the
placement and the prospective adoptive parents of the decision to
approve or deny the placement. If the prospective adoptive home is
found:
(a) Suitable, the [natural] parent may execute a specific consent
to [a specific] adoption pursuant to NRS 127.053, if not previously
executed, and then the child may be placed in the home of the
prospective adoptive parents for the purposes of adoption.
(b) Unsuitable or detrimental to the interest of the child, the
[agency which provides child welfare services or ] child-placing
agency shall file an application in the district court for an order
prohibiting the placement. If the court determines that the placement
should be prohibited, the court may nullify the written consent to the
specific adoption and order the return of the child to the care and
control of the parent who executed the specific consent [,] to
adoption, but if the parental rights of the parent have been
terminated by a relinquishment o r a final order of a court of
competent jurisdiction or if the parent does not wish to accept the
child, then the court may order the placement of the child with the
[agency which provides child welfare services or a ] child-placing
agency for adoption.
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Sec. 212. NRS 127.2817 is hereby amended to read as
follows:
127.2817 1. The Division, in consultation with each agency
which provides child welfare services, shall adopt regulations
setting forth the criteria to be used by [an agency which provides
child welfare services or ] a child -placing agency for determining
whether a prospective adoptive home is suitable or unsuitable for
the placement of a child for adoption.
2. Upon the completion of [an] a post-placement investigation
[conducted by an agency which provides child welfare services or a
child-placing agency ] pursuant to NRS 127.120 or a home study
investigation pursuant to 127.2805, the [agency which provides
child welfare services or ] child-placing agency shall inform the
prospective adoptive pa rent or parents of the results of the
investigation. If, pursuant to the investigation, a determination is
made that a prospective adoptive home is unsuitable for placement
or detrimental to the interest of the child, the [agency which
provides child welfa re services or ] child-placing agency shall
provide the prospective adoptive parent or parents with an
opportunity to review and respond to the investigation with the
[agency which provides child welfare services or ] child-placing
agency before the issuance of the results of the investigation. Except
as otherwise provided in NRS 239.0115, the identity of those
persons who are interviewed or submit information concerning the
investigation must remain confidential.
3. [An agency which provides child welfare services or a ] A
child-placing agency shall not determine that a prospective adoptive
home is unsuitable for placement or detrimental to the interest of the
child solely because the prospective adoptive parent or parents:
(a) Are deaf, are blind or have another physical disability; or
(b) Are the holders of a valid registry identification card.
[4. As used in this section:
(a) “Blind” has the meaning ascribed to it in NRS 426.082.
(b) “Holder of a valid registry identification card” means a
person who holds a valid registry identification card as defined in
NRS 678C.080 that identifies the person as:
(1) Exempt from state prosecution for engaging in the
medical use of cannabis; or
(2) A designated primary caregiver as defined in
NRS 678C.040.]
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Sec. 213. NRS 127.2825 is hereby amended to read as
follows:
127.2825 A child -placing agency shall, to the extent
practicable, give preference to the placement of a child for adoption
[or permanent free care] together with [his or her] the siblings [.] of
the child.
Sec. 214. NRS 127.2827 is hereby amended to read as
follows:
127.2827 1. If a child who is in the custody of an agency
which provides child welfare services is placed for adoption, the
agency must provide the court which is conducting t he adoption
proceedings with a copy of any order for visitation with a sibling of
the child that was issued pursuant to NRS 432B.580 . [and the court
must conduct a hearing to determine whether to include an order for
visitation with a sibling in the decree of adoption.]
2. The court shall incorporate an order for visitation provided
to the court pursuant to subsection 1 into the [decree] order of
adoption unless, not later than 30 days after notice of the filing of
the petition for adoption is provided t o all legal custodians or
guardians of the child who are required to be provided with such
notice pursuant to NRS 127.123, any interested party in the
adoption, including, without limitation, the prospective adoptive
parent, the adoptive child, a sibling of the adoptive child, the agency
which provides child welfare services or a [licensed] child-placing
agency petitions the court to exclude the order of visitation with a
sibling from the [decree] order of adoption or amend the order for
visitation before i ncluding the order in the [decree] order of
adoption.
3. The hearing on a petition submitted pursuant to subsection 2
must be held on [a different] the same date [than] as the hearing on
the petition for adoption. Any interested party is entitled to
participate in the hearing. The clerk of the court shall give written
notice of the time and place of the hearing to the prospective
adoptive parent, the adoptive child, a siblin g of the adoptive child,
the attorney for the adoptive child or a sibling of the adoptive child,
the agency which provides child welfare services and a [licensed]
child-placing agency. Upon the petition of a sibling requesting the
inclusion of an order for visitation in the [decree] order of adoption,
the court may require the agency which provides child welfare
services or the child-placing agency to provide the clerk of the court
with the contact information of the prospective adoptive parent, the
adoptive child and the attorney for the adoptive child. If so ordered,
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the agency which provides child welfare services or the child -
placing agency must provide such contact information under seal.
4. The sole consideration of the court in making a
determination concerning visitation with a sibling pursuant to this
section is the best interest of the child. If a petition is submitted
pursuant to subsection 2, the court must not enter [a decree ] an
order of adoption until the court has made a determination
concerning visitation with a sibling.
5. If an order for visitation with a sibling is included in [a
decree] an order of adoption, the court shall, upon the request of a
party to the order, provide to the party the case number of the
adoption proceeding and an y documents or records necessary to
enforce , modify or terminate the order.
6. A party to an order for visitation may petition for
enforcement of the order at any time while the order is in effect. A
person who fails to comply with the order is in contempt of court. If
a party to an order for visitation withholds the contact information
of any person in violation of the order, the court may order the
agency which provides child welfare services or a licensed child -
placing agency to provide such cont act information to the court
under seal.
Sec. 215. NRS 127.287 is hereby amended to read as follows:
127.287 1. Except as otherwise provided in subsection 3, it is
unlawful for any person to pay or offer to pay money or anything of
value to the [natural] parent of a child in return for the [natural]
parent’s placement of the child for adoption [or] , for the execution
of a specific consent to adoption or relinquishment or for the
cooperation in the adoption of the child.
2. It is unlawful for an y person to receive payment for medical
and other necessary expenses related to the birth of a child from a
prospective adoptive parent with the intent of not consenting to or
completing the adoption of the child.
3. A person may pay the medical and othe r necessary living
expenses related to the birth of a child of another as an act of charity
so long as the payment is not contingent upon the [natural] parent’s
placement of the child for adoption [or] , for the execution of a
specific consent to adoption or relinquishment or cooperation in
the adoption of the child.
4. This section does not prohibit a [natural] parent from
refusing to place a child for adoption after its birth.
5. The provisions of this section do not apply if a woman
enters into a lawful contract to act as a gestational carrier, as defined
in NRS 126.580.
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6. A person who violates:
(a) The provisions of subsection 1 is guilty of a category D
felony and shall be punished as provided in NRS 193.130.
(b) The provisions of subsection 2 is guilty of a gross
misdemeanor.
Sec. 216. NRS 128.110 is hereby amended to read as follows:
128.110 1. Whenever the procedure described in this chapter
has been followed, and upon finding grounds for the termination of
parental rights pursuant to NR S 128.105 at a hearing upon the
petition, the court shall make a written order, signed by the judge
presiding in the court, judicially depriving the parent or parents of
the custody and control of, and terminating the parental rights of the
parent or parents with respect to the child, and declaring the child to
be free from such custody or control, and placing the custody and
control of the child in some person or agency qualified by the laws
of this State to provide services and care to children, or to rec eive
any children for placement. The termination of parental rights
pursuant to this section does not terminate the right of the child to
inherit from his or her parent or parents, except that the right to
inherit terminates if the child is adopted as prov ided in [NRS
127.160.] section 38 of this act.
2. If the child is placed in the custody and control of a person
or agency qualified by the laws of this State to receive children for
placement, the person or agency, in seeking to place the child:
(a) May give preference to the placement of the child with any
person related within the fifth degree of consanguinity to the child
whom the person or agency finds suitable and able to provide proper
care and guidance for the child, regardless of whether the rela tive
resides within this State.
(b) Shall, if practicable, give preference to the placement of the
child together with his or her siblings.
Any search for a relative with whom to place a child pursuant to
this subsection must be completed within 1 year after the initial
placement of the child outside of his or her home.
Sec. 217. NRS 3.223 is hereby amended to read as follows:
3.223 1. Except as otherwise provided in NRS 125E.270, in
each judicial district in which it is established, the family court has
original, exclusive jurisdiction in any proceeding:
(a) Brought pursuant to title 5 of NRS or chapter 31A, 123, 125,
125A, 125B, 125C, 126, 127, 128, 129, 130, 159A, 425 or 432B of
NRS, and the chapter consisting of sections 2 to 46, inclusive, of
this act, the chapter consisting of sections 48 to 105, inclusive,
of this act, the chapter consisting of sections 107 to 114, inclusive,
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of this act and the chapter consisting of sections 116 to 153,
inclusive, of this act, except to the extent that a specific statute
authorizes the use of any other judicial or administrative procedure
to facilitate the collection of an obligation for support.
(b) Brought pursuant to NRS 442.255 and 442.2555 to request
the court to issue an order authorizing an abortion.
(c) For judicial approval of the marriage of a minor.
(d) Otherwise within the jurisdiction of the juvenile court.
(e) To establish the date of birth, place of birth or parentage of a
minor.
(f) To change the name of a minor.
(g) For a judicial declaration of the sanity of a minor.
(h) To approve the withholding or withdrawal of life -sustaining
procedures from a person as authorized by law.
(i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive,
for an involuntary court -ordered admission to a mental health
facility.
(j) Brought pursuant to NRS 433A.335 to 433A.345, inclusive,
to require a person to receive assisted outpatient treatment.
(k) Brought pursuant to NRS 441A.505 to 441A.720, inclusive,
for an involuntary court-ordered isolation or quarantine.
2. The family court, where established and, except as otherwise
provided in paragraph (m) of subsection 1 of NRS 4.370, the justice
court have concurrent jurisdiction over actions for the issuance of a
temporary or extended order for prote ction against domestic
violence.
3. The family court, where established, and the district court
have concurrent jurisdiction over any action for damages brought
pursuant to NRS 41.134 by a person who suffered injury as the
proximate result of an act that constitutes domestic violence.
Sec. 218. NRS 19.034 is hereby amended to read as follows:
19.034 1. If the agency which provides child welfare
services, or a child-placing agency licensed by the Division of Child
and Family Services of the Department of Health and Human
Services pursuant to [chapter 127 of NRS, ] the chapter consisting
of sections 2 to 46, inclusive, of this act consents to the adoption of
a child with special needs pursuant to NRS 127.186 [,] or section 85
or 143 of this act, the clerk of the court shall reduce the total filing
fee to not more than $1 for filing the petition to adopt such a child.
2. If a [natural] parent or adoptive parent who has entered into
an agreement that provides for postadoptive contact pursuant to
NRS 1 27.187 or section 91 or 147 of this act files a petition
pursuant to subsection 1 or 2 of NRS 127.1885 [,] or subsection 1
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or 2 of section 94 or subsection 1 or 2 of section 150 of this act, the
clerk of the court shall reduce the total filing fee to not more than $1
for filing the petition.
Sec. 219. NRS 19.050 is hereby amended to read as follows:
19.050 Except as otherwise provided in subsection [8] 5 of
NRS 127.186 [,] and subsection 8 of section 85 of this act or
subsection 5 of section 143 of this act, when by law any publication
is required to be made by a clerk of the court of any suit, process,
notice, order or other paper, the cost of such publication shall, if
demanded, be tendered by the party to whom such order, process,
notice or other paper was granted before the clerk of the court shall
be compelled to make publication thereof.
Sec. 220. NRS 41.509 is hereby amended to read as follows:
41.509 1. A [natural] parent of an adopted child who has
entered into an agreement that provides for postadoptive contact
pursuant to NRS 127.187 or section 91 or 147 of this act may bring
a civil action against a person if:
(a) The person knowingly provided false information in
response to a question asked by a court pursuant to NRS 127.188 [;]
or section 93 or 149 of this act; and
(b) The provision of false information caused the court not to
incorporate the agreement that provides for postadoptive contact in
the order or d ecree of adoption pursuant to NRS 127.188 [.] or
section 93 or 149 of this act.
2. If a person is liable to a [natural] parent of an adopted child
pursuant to subsection 1, the [natural] parent may recover [his or
her] actual damages, costs, reasonable attorney’s fees and any
punitive damages that the facts may warrant.
3. The liability imposed by this section is in addition to any
other liability imposed by law.
Sec. 221. NRS 134.190 is hereby amended to read as follows:
134.190 An adopted child and [his or her] the adoptive parents
or their relatives shall inherit as provided in [NRS 127.160.] section
38 of this act.
Sec. 222. NRS 200.465 is hereby amended to read as follows:
200.465 A person who:
1. Assumes or attempts to assume rights of ownership over
another person;
2. Sells or attempts to sell a person to another;
3. Receives money or anything of value in consideration of
placing a person in the custody or under the control of another;
4. Buys or attempts to buy a person;
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5. Except as otherwise provided in chapter 127 of NRS, and
the chapter consisting of sections 2 to 46, inclusive, of this act, the
chapter consisting of sections 48 to 105, inclusive, of this act, the
chapter consisting of sections 107 to 114, inclusive, of this act and
the chapter consisting of sections 116 to 153, inclusive , of this act,
pays money or delivers anything of value to another in consideration
of having a person placed in his or her custody or under his or her
power or control; or
6. Knowingly aids or assists in any manner a person who
violates any provision of this section,
is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less
than 5 years and a maximum term of not more than 20 years, and
may be further punished by a fine of not more than $50,000.
Sec. 223. NRS 200.4685 is hereby amended to read as
follows:
200.4685 1. Except as otherwise provided in this section, a
person shall not:
(a) Recruit, transport, transfer, harbor, provide, obtain, maintain
or solicit a child in furtherance of a transaction, or advertise or
facilitate a transaction, pursuant to which a parent of the child or a
person with custody of the child places the child in the physical
custody of another person who is not a relative of the child, for the
purpose of permanently avoiding or divesting himself or herself of
responsibility for the child.
(b) Sell, transfer or arrange for the sale or transfer of a child to
another person for money or anything of value or receive a child in
exchange for money or anything of value.
2. The provisions of subsection 1 do not apply to:
(a) A placement of a child with a relative, stepparent, child -
placing agency or an agency which provides child welfare services;
(b) A placement of a child by a child -placing agency or an
agency which provides child welfare services;
(c) A temporary placement of a child with another person by a
parent of the child or a person with legal or physi cal custody of the
child, with an intent to return for the child, including, without
limitation, a temporary placement of a child while the parent of the
child or the person with legal or physical custody of the child is on
vacation, incarcerated, serving in the military, receiving medical
treatment or incapacitated;
(d) A placement of a child in accordance with NRS 127.330,
159A.205 or 159A.215;
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(e) A placement of a child that is approved by a court of
competent jurisdiction; or
(f) Delivery of a child to a provider of emergency services
pursuant to NRS 432B.630.
3. A person who violates the provisions of subsection 1 is
guilty of trafficking in children and shall be punished for a category
C felony as provided in NRS 193.130.
4. As used in this section:
(a) “Advertise” has the meaning ascribed to it in [NRS 127.310.]
section 46 of this act.
(b) “Agency which provides child welfare services” has the
meaning ascribed to it in NRS 432B.030.
(c) “Child” means a person who is less than 18 years of age.
(d) “Child-placing agency” has the meaning ascribed to it in
[NRS 127.220.] section 13 of this act.
Sec. 224. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor,
administrators of the divisions of the Department, who are
respectively designated as follows:
(1) The Administrator of the Aging and Disability Services
Division;
(2) The Administrator of the Division of Welfare and
Supportive Services;
(3) The Administrator of the Division of Child and Family
Services;
(4) The Administrator of the Division of Health Care
Financing and Policy; and
(5) The Administrator of the Division of Public and
Behavioral Health.
(b) Shall administer, through the divisions of the Department,
the provisions of chapters 63, 424, 425, 427A, 432A to 442,
inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS
127.220 to [127.310,] 127.287, inclusive, 422.001 to 422.410,
inclusive, 422. 580, 432.010 to 432.133, inclusive, 432B.6201 to
432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010
to 445A.055, inclusive, and sections 40 to 46, inclusive, 97 to 105,
inclusive, and 153 of this act, and all other provisions of law
relating to the functions of the divisions of the Department, but is
not responsible for the clinical activities of the Division of Public
and Behavioral Health or the professional line activities of the other
divisions.
– 111 –
- 83rd Session (2025)
(c) Shall administer any state program for persons with
developmental disabilities established pursuant to the
Developmental Disabilities Assistance and Bill of Rights Act of
2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local
governments and nonprofit organ izations which provide social
services, adopt a master plan for the provision of human services in
this State. The Director shall revise the plan biennially and deliver a
copy of the plan to the Governor and the Legislature at the
beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the
Department for the provision of human services, and any
duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those
services among nonprofit organizations, agencies of local
government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by
the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department
in providing those services and in the planning and budgeting for the
future provision of those services; and
(6) Contain any other information necessary for the
Department to communicate effectively with the Federal
Government concerning demographic trends, formulas for the
distribution of federal money and any need for the modification of
programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state
and local governmental agencies to provide information regarding
the programs of those organizations and agencies, excluding
detailed information relating to their budgets and payrolls, which the
Director deems necessary for the performance of the duties imposed
upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or
the Director’s designee, is responsible for appointing and removing
subordinate officers and employees of the Department.
Sec. 225. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030,
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152,
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,
– 112 –
- 83rd Session (2025)
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6 067, 88A.345,
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270,
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280,
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640,
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730,
[127.007, 127.057, ] 127.130, [127.140,] 127.2817, 128.090,
130.312, 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075,
172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129,
176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717,
179.495, 179 A.070, 179A.165, 179D.160, 180.600, 200.3771,
200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392,
209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140,
213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464,
217.475, 218A.350, 218E.625, 218 F.150, 218G.130, 218G.240,
218G.350, 218G.615, 224.240, 226.462, 226.796, 228.270, 228.450,
228.495, 228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190,
237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030,
239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250,
239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105,
244.264, 244.335, 247.540, 247.545, 247.550, 247.560, 250.087,
250.130, 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490,
268.910, 269.174, 271A.105, 281.195, 281.805 , 281A.350,
281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068,
284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387,
289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757,
293.870, 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510,
331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379,
338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205,
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240,
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138,
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300,
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626,
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750,
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120,
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317,
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975,
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143,
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685,
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153,
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350,
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205,
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430,
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360,
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- 83rd Session (2025)
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116,
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170,
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735,
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449 .245,
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164,
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056,
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407,
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063,
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363,
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833,
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285,
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110,
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710,
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315,
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137,
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230,
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671,
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327,
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415,
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716,
633.4717, 633.524, 634.055, 634.1303, 634.214 , 634A.169,
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085,
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183,
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220,
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745,
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090,
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170,
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320,
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050,
645A.082, 645B.060, 645B.092 , 645C.220, 645C.225, 645D.130,
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947,
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900,
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275,
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480,
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710,
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190,
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410,
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306,
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536,
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550,
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159,
711.600, and section s 33, 37, 77, 102 and 109 of this act,
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sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and
section 2 of chapter 391, Statutes of Nevada 2013 and unless
otherwise declared by law to be confidential, all public books and
public records of a governmental entity must be open at all times
during office hours to inspection by any person, and may be fully
copied or an abstract or memorandum may be prepared from those
public books and public records. Any such copies, abstracts o r
memoranda may be used to supply the general public with copies,
abstracts or memoranda of the records or may be used in any other
way to the advantage of the governmental entity or of the general
public. This section does not supersede or in any manner a ffect the
federal laws governing copyrights or enlarge, diminish or affect in
any other manner the rights of a person in any written book or
record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record
which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a
public book or record shall not deny a request made pursuant to
subsection 1 to inspect or copy or receive a copy of a public book or
record on the basis that the requested public book or record contains
information that is confidential if the governmental entity can
redact, delete, conceal or separate, including, without limitation,
electronically, the confidential information from the info rmation
included in the public book or record that is not otherwise
confidential.
4. If requested, a governmental entity shall provide a copy of a
public record in an electronic format by means of an electronic
medium. Nothing in this subsection requires a governmental entity
to provide a copy of a public record in an electronic format or by
means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by
means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential
and that cannot be redacted, deleted, c oncealed or separated from
information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who
has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the
medium that is requested because the officer, employee or agent has
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- 83rd Session (2025)
already prepared or would prefer to provide the copy in a different
medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon
request, prepare the copy of the public record an d shall not require
the person who has requested the copy to prepare the copy himself
or herself.
Sec. 226. NRS 424.047 is hereby amended to read as follows:
424.047 1. A licensing authority shall, upon request, provide
to a provider of foster care access to all information, except
references, in the records maintained by the licensing authority
concerning that provider.
2. After reasonable notice and by appointment, a provider of
foster care may inspect the information kept in those records.
3. A licensing authority may, upon request of the provider of
foster care, release to an agency which provides child welfare
services or a child -placing agency, as defined in [NRS 127.220, ]
section 13 of this act, all information, except references, in the
records maintained by the licensing authority concerning that
provider, including, without limitation, a study conducted to
determine whether to grant a license to the provider or a study of the
home of the provider.
Sec. 227. NRS 424.070 is hereby amended to read as follows:
424.070 No person other than the parents or guardian of a child
and no agency or institution in this State or from outside this State
may place any child in the control or care of any person without
sending notice of the pending plac ement and receiving approval of
the placement from the Division or its designee. No such person,
parent, guardian, agency or institution may place a child for
adoption except as otherwise provided in chapter 127 of NRS [.]
and the chapter consisting of sections 2 to 46, inclusive, of this act,
the chapter consisting of sections 48 to 105, inclusive, of this act,
the chapter consisting of sections 107 to 114, inclusive, of this act
and the chapter consisting of sections 116 to 153, inclusive , of this
act.
Sec. 228. NRS 432.0125 is hereby amended to read as
follows:
432.0125 1. The Administrator shall appoint, with the
approval of the Director, a chief of each of the bureaus in the
Division. The chiefs are designated respectively as:
(a) The Superintendent of the Nevada Youth Training Center;
(b) The Superintendent of the Caliente Youth Center; and
(c) The Chief of the Youth Parole Bureau.
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2. The Administrator is responsible for the administration,
through the Division, of the provisions o f chapters 63, 424 and
433B of NRS, NRS 127.220 to [127.310,] 127.287, inclusive, and
432.010 to 432.085, inclusive, and sections 40 to 46, inclusive, 97
to 105, inclusive, and 153 of this act, and all other provisions of law
relating to the functions of t he Division, but is not responsible for
the professional activities of the components of the Division except
as specifically provided by law.
Sec. 229. NRS 432B.190 is hereby amended to read as
follows:
432B.190 The Division of Child and Family Services shall, in
consultation with each agency which provides child welfare
services, adopt:
1. Regulations establishing reasonable and uniform standards
for:
(a) Child welfare services provided in this State;
(b) Programs for the prevention of abuse or neglect of a child
and the achievement of the permanent placement of a child;
(c) The development of local councils involving public and
private organizations;
(d) Reports of abuse or neglect, records of these reports and the
response to these reports;
(e) Carrying out the provisions of NRS 432B.260, including,
without limitation, the qualifications of persons with whom agencies
which provide child welfare services enter into agreements to
provide services to children and families;
(f) The management and assessment of reported cases of abuse
or neglect;
(g) The protection of the legal rights of parents and children;
(h) Emergency shelter for a child;
(i) The prevention, identification and correction of abuse or
neglect of a child in residential institutions;
(j) Developing and distributing to persons who are responsible
for a child’s welfare a pamphlet that is written in language which is
easy to understand, is available in English and in any other language
the Division determines is appropriate b ased on the demographic
characteristics of this State and sets forth:
(1) Contact information regarding persons and governmental
entities which provide assistance to persons who are responsible for
the welfare of children, including, without limitation, persons and
entities which provide assistance to persons who are being
investigated for allegedly abusing or neglecting a child;
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(2) The procedures for taking a child for placement in
protective custody; and
(3) The state and federal legal rights of:
(I) A person who is responsible for a child’s welfare and
who is the subject of an investigation of alleged abuse or neglect of
a child, including, without limitation, the legal rights of such a
person at the time an agency which provides child welfare s ervices
makes initial contact with the person in the course of the
investigation and at the time the agency takes the child for
placement in protective custody, and the legal right of such a person
to be informed of any allegation of abuse or neglect of a child which
is made against the person at the initial time of contact with the
person by the agency; and
(II) Persons who are parties to a proceeding held pursuant
to NRS 432B.410 to 432B.590, inclusive, during all stages of the
proceeding; and
(k) Making the necessary inquiries required pursuant to NRS
432B.397 to determine whether a child is an Indian child.
2. Regulations, which are applicable to any person who is
authorized to place a child in protective custody without the consent
of the perso n responsible for the child’s welfare, setting forth
reasonable and uniform standards for establishing whether
immediate action is necessary to protect the child from injury, abuse
or neglect for the purposes of determining whether to place the child
into protective custody pursuant to NRS 432B.390. Such standards
must consider the potential harm to the child in remaining in his or
her home, including, without limitation:
(a) Circumstances in which a threat of harm suggests that a child
is in imminent danger of serious harm.
(b) The conditions or behaviors of the child’s family which
threaten the safety of the child who is unable to protect himself or
herself and who is dependent on others for protection, including,
without limitation, conditions or behavi ors that are beyond the
control of the caregiver of the child and create an imminent threat of
serious harm to the child.
The Division of Child and Family Services shall ensure that the
appropriate persons or entities to whom the regulations adopted
pursuant to this subsection apply are provided with a copy of such
regulations. As used in this subsection, “serious harm” includes the
threat or evidence of serious physical injury, sexual abuse,
significant pain or mental suffering, extreme fear or terror, e xtreme
impairment or disability, death, substantial impairment or risk of
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substantial impairment to the child’s mental or physical health or
development.
3. Regulations establishing procedures for:
(a) Expeditiously locating any missing child who has been
placed in the custody of an agency which provides child welfare
services;
(b) Determining the primary factors that contributed to a child
who has been placed in the custody of an agency which provides
child welfare services running away or otherwise being absent from
foster care, and to the extent possible and appropriate, responding to
those factors in current and subsequent placements; and
(c) Determining the experiences of a child who has been placed
in the custody of an agency which provides chil d welfare services
during any period the child was missing, including, without
limitation, determining whether the child may be a victim of sexual
abuse or sexual exploitation.
4. Such other regulations as are necessary for:
(a) The administration of NRS 432B.010 to 432B.606, inclusive.
(b) The implementation of [NRS 125E.010 to 125E.370,
inclusive,] chapter 127E of NRS and NRS 127.041, [127.115,]
127.151 , [and] 127.1861 [to 127.1869, inclusive. ] , 127.1863 and
127.1865, and section s 64, 74, 80, 86 to 90, inclusive, 127, 140,
144, 145 and 146 of this act.
Sec. 230. NRS 432B.393 is hereby amended to read as
follows:
432B.393 1. Except as otherwise provided in this section, an
agency which provides child welfare services shall make reasonable
efforts to preserve and reunify the family of a child:
(a) Before the placement of the child in foster care, to prevent or
eliminate the need to remove the child from the home; and
(b) To make it possible for the safe return of the child to the
home.
2. In determining the reasonable efforts required by subsection
1, the health and safety of the child must be the paramount concern.
The agency which provides child welfare services may make
reasonable efforts to place the child for adoption or with a legal
guardian concurrently with making the reasonable efforts required
pursuant to subsection 1. If the court determines that continuation of
the reasonable efforts required by subsection 1 is inconsistent with
the plan for the permanent placement of the child, the a gency which
provides child welfare services shall make reasonable efforts to
place the child in a timely manner in accordance with that plan and
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- 83rd Session (2025)
to complete whatever actions are necessary to finalize the permanent
placement of the child.
3. An agency whi ch provides child welfare services is not
required to make the reasonable efforts required by subsection 1 if
the court finds that:
(a) A parent or other person responsible for the child’s welfare
has:
(1) Committed, aided or abetted in the commission o f, or
attempted, conspired or solicited to commit murder or voluntary
manslaughter;
(2) Caused the abuse or neglect of the child, or of another
child of the parent or other person responsible for the child’s
welfare, which resulted in substantial bodily harm to the abused or
neglected child;
(3) Caused the abuse or neglect of the child, a sibling of the
child or another child in the household, and the abuse or neglect was
so extreme or repetitious as to indicate that any plan to return the
child to the home would result in an unacceptable risk to the health
or welfare of the child; or
(4) Abandoned the child for 60 or more days, and the identity
of the parent of the child is unknown and cannot be ascertained
through reasonable efforts;
(b) A parent of the child has, for the previous 6 months, had the
ability to contact or communicate with the child and made no more
than token efforts to do so;
(c) The parental rights of a parent to a sibling of the child have
been terminated by a court order upon any basis other than the
execution of a voluntary relinquishment of those rights by a natural
parent, and the court order is not currently being appealed;
(d) The child or a sibling of the child was previously removed
from the home, adjudicated to have been a bused or neglected,
returned to the home and subsequently removed from the home as a
result of additional abuse or neglect;
(e) The child is less than 1 year of age, the father of the child is
not married to the mother of the child and the father of the child:
(1) Has failed within 60 days after learning of the birth of the
child, to visit the child, to commence proceedings to establish his
paternity of the child or to provide financial support for the child; or
(2) Is entitled to seek custody of the c hild but fails to do so
within 60 days after learning that the child was placed in foster care;
(f) The child was delivered to a provider of emergency services
pursuant to NRS 432B.630;
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- 83rd Session (2025)
(g) The child, a sibling of the child or another child in the
household has been sexually abused or has been subjected to neglect
by pervasive instances of failure to protect the child from sexual
abuse; or
(h) A parent of the child is required to register as a sex offender
pursuant to the provisions of chapter 179D of NRS or the provisions
of the federal Adam Walsh Child Protection and Safety Act of 2006,
34 U.S.C. §§ 20901 et seq.
4. Except as otherwise provided in subsection 6, for the
purposes of this section, unless the context otherwise requires,
“reasonable effort s” have been made if an agency which provides
child welfare services to children with legal custody of a child has
exercised diligence and care in arranging appropriate, accessible and
available services that are designed to improve the ability of a
family to provide a safe and stable home for each child in the
family, with the health and safety of the child as its paramount
concerns. The exercise of such diligence and care includes, without
limitation, obtaining necessary and appropriate information
concerning the child for the purposes of NRS 127.152, 127.410 and
424.038 , and section 81 of this act, and, if necessary, creating an
in-home safety plan for the protection of the child.
5. In determining whether reasonable efforts have been made
pursuant to subsection 4, the court shall:
(a) Evaluate the evidence and make findings based on whether a
reasonable person would conclude that reasonable efforts were
made;
(b) Consider any input from the child;
(c) Consider the efforts made and the evidence presented since
the previous finding of the court concerning reasonable efforts;
(d) Consider the diligence and care that the agency is legally
authorized and able to exercise, including, without limitation, the
efforts to create an in-home safety plan;
(e) Recognize and take into consideration the legal obligations
of the agency to comply with any applicable laws and regulations;
(f) Base its determination on the circumstances and facts
concerning the particular family or plan for the permanent
placement of the child at issue;
(g) Consider whether any of the efforts made were contrary to
the health and safety of the child;
(h) Consider the efforts made, if any, to prevent the need to
remove the child from the home and to finalize the plan for the
permanent placement of the child;
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- 83rd Session (2025)
(i) Consider whether the provisions of subsection 6 are
applicable; and
(j) Consider any other matters the court deems relevant.
6. An agency which provides child welfare services may
satisfy the requirement of making reasonable efforts pursuant to this
section by taking no action concerning a child or making no effort to
provide services to a child if it is reasonable, under the
circumstances, to do so.
7. In determining whether reasonable efforts are not required
pursuant to subsection 3 or whether reasonable efforts have been
made pursuant to subsection 4, the court shall ensure that each
determination is:
(a) Made by the court on a case-by-case basis;
(b) Based upon specific evidence; and
(c) Expressly stated by the court in its order.
8. As used in this section, “in -home safety plan” means a plan
created by an agency which provides child welfare services to
ensure the protection of a child in [his or her ] the home, including,
without limitation, determining any vul nerabilities of the child,
managing any potential threats to the safety of the child and
determining the capacity of the person responsible for the welfare of
the child to care for the child.
Sec. 231. NRS 432B.397 is hereby amended to read as
follows:
432B.397 1. The agency which provides child welfare
services for a child that is taken into custody pursuant to this chapter
shall make all necessary inquiries in accordance with subsection 1
of NRS 125E.210 to determine whether there is reason to know t hat
the child is an Indian child. The agency shall report that
determination to the court.
2. An agency which provides child welfare services pursuant to
this chapter shall provide training for its personnel regarding the
requirements of the Indian Child Welfare Act, chapter 125E of NRS
and NRS 127.041, [127.115,] 127.151 , [and] 127.1861 [to
127.1869, inclusive.] , 127.1863 and 127.1865, and sections 64, 74,
80, 86 to 90, inclusive, 127, 140, 144, 145 and 146 of this act.
Sec. 232. NRS 432B.580 is hereby amended to read as
follows:
432B.580 1. Except as otherwise provided in this section and
NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other
than with a parent, the placement must be reviewed by the court at
least semiannually, and within 90 days after a request by a party to
any of the prior proceedings. Unless the parent, guardian or the
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custodian objects to the referral, the court may enter an order
directing that the placement be reviewed by a panel appointed
pursuant to NRS 432B.585.
2. An agency acting as the custodian of the child shall, before
any hearing for review of the placement of a child, submit a report
to the court, or to the panel if it has been designated to review the
matter, which includes:
(a) An evaluation of the progress of the child and the family of
the child and any recommendations for further supervision,
treatment or rehabilitation.
(b) Information concerning the placement of the child in relation
to the child’s siblings, including, without limitation:
(1) Whether the child was placed together with the siblings;
(2) Any efforts made by the agency to have the child placed
together with the siblings;
(3) Any actions taken by the agency to ensure that the child
has contact with the siblings; and
(4) If the child is not placed together with the siblings:
(I) The reasons why the child is not placed together with
the siblings; and
(II) A plan for the child to visit the siblings, which must
be presented at the first hearing to occur after the siblings are
separated and approved by the court. The plan for visitation must be
updated as necessary to reflect any change in the placement of the
child or a sibling, including, without limitation, any such change
that occurs after the termination of par ental rights to the child or a
sibling or the adoption of a sibling.
(c) Information concerning the child’s education, including:
(1) A copy of any academic plan or individual graduation
plan developed for the child pursuant to NRS 388.155, 388.165,
388.205 or 388.227;
(2) The grade and school in which the child is enrolled;
(3) The name of each school the child attended before
enrolling in the school in which he or she is currently enrolled and
the corresponding dates of attendance;
(4) Whether th e child has not completed or passed any
course of instruction that the child should have completed or passed
by the time the report is submitted, which has resulted in the child
having a deficiency in credits;
(5) A copy of any individualized education p rogram
developed for the child;
(6) A copy of any plan developed in accordance with section
504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794;
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(7) A summary of any special education services received by
the child;
(8) A copy of the most recent report card of the child;
(9) A statement of the number of credits earned by the child
during the most recent semester, if applicable;
(10) A statement of the number of times the child has been
absent from school during the current or most recent schoo l year for
which the child was enrolled in school;
(11) The scores the child received on any academic
assessments or standardized examinations administered to the child;
(12) Any information provided by the educational decision
maker appointed for the child pursuant to NRS 432B.462; and
(13) Whether a request that the child receive special
education services has been made and, if so, the outcome of such a
request.
(d) A copy of any explanations regarding medication that has
been prescribed for the c hild that have been submitted by a foster
home pursuant to NRS 424.0383.
3. Except as otherwise provided in this subsection, a copy of
the report submitted pursuant to subsection 2 must be given to the
parents, the guardian ad litem and the attorney, if any, representing
the parent or the child. If the child was delivered to a provider of
emergency services pursuant to NRS 432B.630 and the parent has
not appeared in the action, the report need not be sent to that parent.
4. After a plan for visitation between a child and the siblings of
the child submitted pursuant to subparagraph (4) of paragraph (b) of
subsection 2 has been approved by the court, the agency which
provides child welfare services must request the court to issue an
order requiring the vis itation set forth in the plan for visitation.
Upon the issuance of such an order, the court shall provide each
sibling of the child with the case number of the proceeding for the
purpose of allowing the sibling to petition the court for visitation or
enforcement of the order for visitation. If a person refuses to comply
with or disobeys an order issued pursuant to this subsection, the
person may be punished as for a contempt of court.
5. The court or the panel shall hold a hearing to review the
placement, unless the parent, guardian or custodian files a motion
with the court to dispense with the hearing. If the motion is granted,
the court or panel may make its determination from any report,
statement or other information submitted to it.
6. Except as otherwise provided in subsection 7 and subsection
5 of NRS 432B.520, notice of the hearing must be filed with the
court and must be given by first -class mail or any other means
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agreed upon in writing between the agency which provides child
welfare services and the recipient of the notice to:
(a) All the parties to any of the prior proceedings;
(b) Any persons planning to adopt the child;
(c) A sibling of the child, if known, who has been granted a
right to visitation of the child pursuant to this section o r [NRS
127.171] section 84 of this act and his or her attorney, if any;
(d) Any other relatives of the child or providers of foster care
who are currently providing care to the child; and
(e) The educational decision maker appointed for the child
pursuant to NRS 432B.462.
7. The notice of the hearing required to be filed and given
pursuant to subsection 6:
(a) Must include a statement indicating that if the child is placed
for adoption the right to visitation of the child is subject to the
provisions of [NRS 127.171;] section 84 of this act.
(b) Must not include any confidential information described in
[NRS 127.140;] section 37 of this act.
(c) Need not be given to a parent whose rights have been
terminated pursuant to chapter 128 of NRS or who has voluntarily
relinquished the child for adoption pursuant to NRS 127.040 [;] and
sections 63 and 126 of this act; and
(d) Need not be given to a parent who delivered a child to a
provider of emergency services pursuant to NRS 432B.630.
8. The court or panel may require the presence of the child at
the hearing and shall provide to each person to whom notice was
given pursuant to subsection 6 a right to be heard at the hearing.
9. The court or panel shall, after considering the report
provided in subsection 2 and any other relevant evidence, determine
based on a preponderance of the evidence:
(a) The continuing necessity for and appropriateness of the
placement;
(b) The extent of compliance with the plan submitted pursuant
to subsection 2 of NRS 432B.540;
(c) Any progress which has been made in alleviating the
problem which resulted in the placement of the child;
(d) The date the child may be returned to, and safely maintained
in, the home or placed for adoption or under a legal guardianship;
and
(e) Whether the child is making adequate academic progress and
receiving the educational services or supports necessary to ensure
the academic success of the child.
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10. If the child is placed in a qualified residential treatment
program, the determin ation pursuant to paragraph (a) of subsection
9 must include, without limitation, a finding on each factor
prescribed by subsection 4 of NRS 432B.575.
11. The provision of notice and a right to be heard pursuant to
this section does not cause any person planning to adopt the child,
any sibling of the child or any other relative, any adoptive parent of
a sibling of the child or a provider of foster care to become a party
to the hearing.
12. As used in this section, “individualized education program”
has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
Sec. 233. NRS 440.310 is hereby amended to read as follows:
440.310 1. Whenever the State Registrar receives a certified
report of adoption or amendment of adoption filed in accordance
with the provisions of NRS 127.157 or section 82, 114 or 141 of
this act or the laws of another state or foreign country, or a certified
copy of the adoption decree, concerning a person born in Nevada,
the State Registrar shall prepare and file a supplementary certificate
of birth in the new name of the adopted person which shows the
adoptive parents as the parents and seal and file the report or decree
and the original certificate of birth.
2. Whenever the State Registrar receives a certified report of
adoption, amendment or annulment of an order or decree of
adoption from a court concerning a person born in another state, the
District of Columbia, the Commonwealth of Puerto Rico, a territory
or possession of the United States, or Canada, the report must be
forwarded to the office responsible for vital statistics in the person’s
place of birth.
3. Whenever the State Registrar receives a certified report of
adoption or amendment of adoption filed in accordance with the
provisions of NRS 127.157 or section 82, 114 or 141 of this act
concerning a person born in a foreign country other than Canada,
the State Registrar shall, if the State Registrar receives evidence
that:
(a) The person being adopted is a citizen of the United States;
and
(b) The adoptive parents are residents of Nevada,
prepare and file a supplementary certificate of birth as described
in subsection 1 and seal and file the report.
4. Sealed documents may be opened only upon an order of the
court issuing the adoption decree, expressly so permi tting, pursuant
to a petition setting forth the reasons therefor.
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5. Except as otherwise provided in subsection 2, upon the
receipt of a certified copy of a court order of annulment of adoption,
the State Registrar shall seal and file the order and suppl ementary
certificate of birth and, if the person was born in Nevada, restore the
original certificate to its original place in the files.
Sec. 234. NRS 442.400 is hereby amended to read as follows:
442.400 The agency which provides child welfare services or a
licensed child-placing agency shall inquire, during its initial contact
with a natural parent of a child who is to be placed for adoption,
about consumption of alcohol by or any substance use disorder of
the person who gave birth to the child durin g pregnancy. The
information obtained from the inquiry must be:
1. Included in the report provided to the adopting parents of the
child pursuant to NRS 127.152 [;] and section 81 of this act; and
2. Reported to the Division on a form prescribed by the
Division. The report must not contain any identifying information
and may be used only for statistical purposes.
Sec. 235. NRS 449.245 is hereby amended to read as follows:
449.245 1. No hospital licensed under the provisions of NRS
449.029 to 449.24 28, inclusive, may release from the hospital or
otherwise surrender physical custody of any child under 6 months of
age, whose living parent or guardian is known to the hospital, to any
person other than a parent, guardian or relative by blood or marriage
of that child, without a written authorization signed by a living
parent, who must be the person who gave birth to the child if unwed,
or guardian specifying the particular person or agency to whom the
child may be released and the permanent address of tha t person or
agency.
2. Upon the release or other surrender of physical custody of
the child, the hospital shall require from the person to whom the
child is released such reasonable proof of identity as the hospital
may deem necessary for compliance with the provisions of this
section. The hospital shall furnish a true copy of the written
authorization to the Division of Child and Family Services of the
Department of Health and Human Services before the release or
other surrender by it of physical custody of the child. The copy must
be furnished to the Division immediately upon receipt by the
hospital.
3. Any person to whom any such child is released who
thereafter surrenders physical custody of that child to any other
person or agency shall, upon demand by the Division of Child and
Family Services, disclose to the Division the name and permanent
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address of the person or agency to whom physical custody of the
child was delivered.
4. Except as otherwise provided in NRS 239.0115, all
information received by the Division of Child and Family Services
pursuant to the provisions of this section is confidential and must be
protected from disclosure in the same manner that information is
protected under NRS 432.035.
5. Compliance with the provisions of this se ction is not a
substitute for compliance with NRS 127.220 to [127.310,] 127.287,
inclusive, or sections 40 to 46, inclusive, 97 to 105, inclusive, and
153 of this act, governing placements for adoption . [and permanent
free care.]
6. A violation of any provision of this section is a
misdemeanor.
Sec. 236. 1. When the next reprint of the Nevada Revised
Statutes is prepared by the Legislative Counsel, the Legislative
Counsel shall cause:
(a) The provisions of NRS 127.230 to 127.350, inclusive, to be
transferred to a new chapter established in Title 11 of NRS; and
(b) The provisions of NRS 127.400, 127.410 and 127.420 to be
transferred to a new chapter established in Title 11 of NRS.
2. To avoid any excessive cost, references to the previously
assigned numbers of NRS 127.230 to 127. 350, inclusive, and
127.400, 127.410 and 127.420 in any legal document, publication,
signage or in any other place must not be replaced to revise those
references unless and until they would otherwise be replaced for
some other reason.
Sec. 237. The amendatory provisions of this act apply to
offenses committed on or after October 1, 2025.
Sec. 238. The amendatory provisions of this act apply to
petitions for adoption filed on or after October 1, 2025.
Sec. 239. NRS 127.003, 127.007, 127.008, 127.009, 127.010,
127.057, 127.060, 127.080, 127.100, 127.115, 127.140, 127.160,
127.171, 127.180, 127.1867, 127.1869, 127.240, 127.250, 127.270
127.275, 127.282, 127.283, 127.285, 127.288, 127.290, 127.300 and
127.310 are hereby repealed.
Sec. 240. 1. This section becomes effective upon passage
and approval.
2. Sections 1 to 239, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting
regulations and performing other preparatory ad ministrative tasks
that are necessary to carry out the provisions of this act; and
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(b) On October 1, 2025, for all other purposes.
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