Revises provisions relating to the interstate placement of children. (BDR 11-807)

- 83rd Session (2025)
Assembly Bill No. 518–Committee on
Health and Human Services

CHAPTER..........

AN ACT relating to child welfare; adopting a revised version of the
Interstate Compact on the Placement of Children; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, the interstate transportation of children for placement in
foster care, as a preliminary to a possible adoption or for placement in a juvenile
justice institution is governed by the Interstate C ompact on the Placement of
Children. The Compact prohibits a governmental entity or person from sending a
child into another state for those purposes unless: (1) the governmental entity or
person provides certain notice to the appropriate public authority in the state where
the child is to be sent; and (2) that public authority notifies the sending
governmental entity or person that the proposed placement does not appear to be
contrary to the best interests of the child. The Compact provides that the
governmental entity or person sending the child into another state retains
jurisdiction over the child until the child is adopted, reaches majority, becomes self-
supporting or is discharged with the concurrence of the appropriate authority in the
state where the child is sent. The Compact also authorizes the sending of a child
who has been adjudicated delinquent to an institution in another state only if: (1)
equivalent facilities for the child are not available in the sending agency’s
jurisdiction; and (2) insti tutional care in the state where the child is sent is in the
best interest of the child and will not produce undue hardship. (NRS 127.330)
Sections 1 and 2 of this bill adopt and enter into a revised version of the
Compact. That version of the Compact applies to the interstate placement of a
child: (1) who is subject to child welfare proceedings in the sending state; (2) for
juvenile justice purposes, if certain aspects of the placement are not covered by
another interstate compact; or (3) by a public or private child placing agency as a
preliminary step to a p ossible adoption. With certain exceptions, a sending state
retains jurisdiction over such a child under the revised version of the Compact.
However, the revised version of the Compact authorizes a sending state to
terminate its jurisdiction under certain c ircumstances, including several
circumstances where such jurisdiction is no longer necessary. If an issue of child
protection or custody is brought before a court in the receiving state, the revised
version of the Compact requires that court to confer with the court of the sending
state to determine the most appropriate forum for adjudication. The revised version
of the Compact: (1) requires that a public agency in a receiving state approve a
placement before the child may be placed in that state; and (2) e stablishes a
procedure for a receiving state to evaluate the safety and suitability of a proposed
placement in that state. The revised version of the Compact assigns among various
entities in the sending state and the receiving state, depending on the circ umstances
of the placement, the financial responsibility for a child placed in the receiving state
and certain other duties. The revised version of the Compact additionally creates
the Interstate Commission for the Placement of Children, which is a joint
commission of member states. The revised version of the Compact requires the
Interstate Commission to adopt rules governing the Compact, provide dispute
resolution among member states, issue advisory opinions, enforce the Compact
through legal action and perform various other duties in furtherance of the purposes

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of the Compact. The revised version of the Compact authorizes the Interstate
Commission to levy an annual assessment on member states to cover the annual
budget of the Interstate Commission.
The version of the Compact set forth in existing law requires the executive head
of each member jurisdiction to designate an officer to act as the administrator and
general coordinator of activities under the compact. (NRS 127.330) Existing law
accordingly requires the Governor to designate such an administrator and requires
the administrator to perform certain duties related to the implementation of the
Compact. (NRS 127.340, 127.350) The revised version of the Compact set forth in
section 1 does not provide for an administrator but instead requires each member
state to establish a central state compact office to ensure compliance with
the Compact. Sections 3 and 4 of this bill transfer the responsibilities of the
administrator to the central state compact office, and section 3 requires the
Governor to appoint an executive head of the central state compact office.
The revised version of the Compact becomes effective when it is enacted by at
least 35 states. Currently, 18 states have enacted the revised version of the
Compact. Section 11 of this bill repeals the original version of the Compact on the
date on which the 35th state enacts the revised version of the Compact, thereby
making that version effective. Sections 5-9 of this bill make conforming changes to
require compliance with the revised version of the Compact when a child is placed
in this State under certain circumstances to which the Compact applies.

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. Chapter 127 of NRS is hereby amended by adding
thereto a new section to read as follows:

INTERSTATE COMPACT ON THE
PLACEMENT OF CHILDREN

ARTICLE I. PURPOSE

The purpose of this Interstate Compact for the Placement of
Children is to:
A. Provide a process through which children subject to this
compact are placed in safe and suitable homes in a timely manner.
B. Facilitate ongoing supervision of a placement, the delivery
of services, and communication between the states.
C. Provide operating pro cedures that will ensure that
children are placed in safe and suitable homes in a timely manner.
D. Provide for the promulgation and enforcement of
administrative rules implementing the provisions of this compact
and regulating the covered activities of the member states.

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E. Provide for uniform data collection and information
sharing between member states under this compact.
F. Promote coordination between this compact, the Interstate
Compact for Juveniles, the Interstate Compact on Adoption and
Medical Assistance and other compacts affecting the placement of
and which provide services to children otherwise subject to this
compact.
G. Provide for a state’s continuing legal jurisdiction and
responsibility for placement and care of a child that it woul d have
had if the placement were intrastate.
H. Provide for the promulgation of guidelines, in
collaboration with Indian tribes, for interstate cases involving
Indian children as is or may be permitted by federal law.

ARTICLE II. DEFINITIONS

As used in this compact:
A. “Approved placement” means the public child placing
agency in the receiving state has determined that the placement is
both safe and suitable for the child.
B. “Assessment” means an evaluation of a prospective
placement by a public child placing agency in the receiving state
to determine if the placement meets the individualized needs of the
child, including but not limited to the child’s safety and stability,
health and well -being, and mental, emotional, and physical
development. An assessment is only applicable to a placement by a
public child placing agency.
C. “Child” means an individual who has not attained the age
of eighteen (18).
D. “Certification” means to attest, declare or swear to before
a judge or notary public.
E. “Default” means the failure of a member state to perform
the obligations or responsibilities imposed upon it by this compact,
the bylaws or rules of the Interstate Commission.
F. “Home study” means an evaluation of a home
environment conducted in accorda nce with the applicable
requirements of the state in which the home is located, and
documents the preparation and the suitability of the placement
resource for placement of a child in accordance with the laws and
requirements of the state in which the home is located.
G. “Indian tribe” means any Indian tribe, band, nation, or
other organized group or community of Indians recognized as
eligible for services provided to Indians by the Secretary of the

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Interior because of their status as Indians, including a ny Alaskan
native village as defined in section 3 (c) of the Alaska Native
Claims Settlement Act at 43 USC § 1602(c).
H. “Interstate Commission for the Placement of Children”
means the commission that is created under Article VIII of this
compact and whi ch is generally referred to as the Interstate
Commission.
I. “Jurisdiction” means the power and authority of a court to
hear and decide matters.
J. “Legal Risk Placement” (“Legal Risk Adoption”) means a
placement made preliminary to an adoption where t he prospective
adoptive parents acknowledge in writing that a child can be
ordered returned to the sending state or the birth mother’s state of
residence, if different from the sending state, and a final decree of
adoption shall not be entered in any juris diction until all required
consents are obtained or are dispensed with in accordance with
applicable law.
K. “Member state” means a state that has enacted this
compact.
L. “Non-custodial parent” means a person who, at the time
of the commencement of co urt proceedings in the sending state,
does not have sole legal custody of the child or has joint legal
custody of a child, and who is not the subject of allegations or
findings of child abuse or neglect.
M. “Non-member state” means a state which has not enacted
this compact.
N. “Notice of residential placement” means information
regarding a placement into a residential facility provided to the
receiving state including, but not limited to the name, date and
place of birth of the child, the identity and address of the parent or
legal guardian, evidence of authority to make the placement, and
the name and address of the facility in which the child will be
placed. Notice of residential placement shall also include
information regarding a discharge and any u nauthorized absence
from the facility.
O. “Placement” means the act by a public or private child
placing agency intended to arrange for the care or custody of a
child in another state.
P. “Private child placing agency” means any private
corporation, ag ency, foundation, institution, or charitable
organization, or any private person or attorney that facilitates,
causes, or is involved in the placement of a child from one state to

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another and that is not an instrumentality of the state or acting
under color of state law.
Q. “Provisional placement” means a determination made by
the public child placing agency in the receiving state that the
proposed placement is safe and suitable, and, to the extent
allowable, the receiving state has temporarily waived its standards
or requirements otherwise applicable to prospective foster or
adoptive parents so as to not delay the placement. Completion of
the receiving state requirements regarding training for prospective
foster or adoptive parents shall not delay an othe rwise safe and
suitable placement.
R. “Public child placing agency” means any government
child welfare agency or child protection agency or a private entity
under contract with such an agency, regardless of whether they
act on behalf of a state, county, municipality or other
governmental unit and which facilitates, causes, or is involved in
the placement of a child from one state to another.
S. “Receiving state” means the state to which a child is sent,
brought, or caused to be sent or brought.
T. “Relative” means someone who is related to the child as a
parent, step-parent, sibling by half or whole blood or by adoption,
grandparent, aunt, uncle, or first cousin or a non -relative with
such significant ties to the child that they may be regarded as
relatives as determined by the court in the sending state.
U. “Residential facility” means a facility providing a level of
care that is sufficient to substitute for parental responsibility or
foster care, and is beyond what is needed for assessment or
treatment of an acute condition. For purposes of the compact,
residential facilities do not include institutions primarily
educational in character, hospitals or other medical facilities.
V. “Rule” means a written directive, mandate, standard or
principle issu ed by the Interstate Commission promulgated
pursuant to Article XI of this compact that is of general
applicability and that implements, interprets or prescribes a policy
or provision of the compact. “Rule” has the force and effect of an
administrative rul e in a member state, and includes the
amendment, repeal, or suspension of an existing rule.
W. “Sending state” means the state from which the
placement of a child is initiated.
X. “Service member’s permanent duty station” means the
military installation where an active duty Armed Services member
is currently assigned and is physically located under competent
orders that do not specify the duty as temporary.

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Y. “Service member’s state of legal residence” means the
state in which the active duty Armed S ervices member is
considered a resident for tax and voting purposes.
Z. “State” means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, Guam, American Samoa, the Northern Marianas Islands
and any other territory of the United States.
AA. “State court” means a judicial body of a state that is
vested by law with responsibility for adjudicating cases involving
abuse, neglect, deprivation, delinquency or status offenses of
individuals who have not attained the age of eighteen (18).
BB. “Supervision” means monitoring provided by the
receiving state once a child has been placed in a receiving state
pursuant to this compact.

ARTICLE III. APPLICABILITY

A. Except as otherwise provided in Article III, Section B, this
compact shall apply to:
1. The interstate placement of a child subject to ongoing
court jurisdiction in the sending state, due to allegations or
findings that the child has been abused, neglected, or deprived as
defined by th e laws of the sending state, provided, however, that
the placement of such a child into a residential facility shall only
require notice of residential placement to the receiving state prior
to placement.
2. The interstate placement of a child adjudicate d
delinquent or unmanageable based on the laws of the sending
state and subject to ongoing court jurisdiction of the sending state
if:
a. The child is being placed in a residential facility in
another member state and is not covered under another compac t;
or
b. The child is being placed in another member state
and the determination of safety and suitability of the placement
and services required is not provided through another compact.
3. The interstate placement of any child by a public child
placing agency or private child placing agency as defined in this
compact as a preliminary step to a possible adoption.
B. The provisions of this compact shall not apply to:
1. The interstate placement of a child in a custody
proceeding in which a public ch ild placing agency is not a party,
provided, the placement is not intended to effectuate an adoption.

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2. The interstate placement of a child with a non -relative in
a receiving state by a parent with the legal authority to make such
a placement provided, however, that the placement is not intended
to effectuate an adoption.
3. The interstate placement of a child by one relative with
the lawful authority to make such a placement directly with a
relative in a receiving state.
4. The placement of a child, not subject to Article III,
Section A, into a residential facility by his or her parent.
5. The placement of a child with a non -custodial parent
provided that:
a. The non-custodial parent proves to the satisfaction of
a court in the sending state a s ubstantial relationship with the
child; and
b. The court in the sending state makes a written finding
that placement with the non -custodial parent is in the best
interests of the child; and
c. The court in the sending state dismisses its
jurisdiction in interstate placements in which the public child
placing agency is a party to the proceeding.
6. A child entering the United States from a foreign country
for the purpose of adoption or leaving the United States to go to a
foreign country for the purpose of adoption in that country.
7. Cases in which a U.S. citizen child living overseas with
his or her family, at least one of whom is in the U.S. Armed
Services, and who is stationed overseas, is removed and placed in
a state.
8. The sending of a chi ld by a public child placing agency
or a private child placing agency for a visit as defined by the rules
of the Interstate Commission.
C. For purposes of determining the applicability of this
compact to the placement of a child with a family in the Arme d
Services, the public child placing agency or private child placing
agency may choose the state of the service member’s permanent
duty station or the service member’s declared legal residence.
D. Nothing in this compact shall be construed to prohibit th e
concurrent application of the provisions of this compact with other
applicable interstate compacts including the Interstate Compact
for Juveniles and the Interstate Compact on Adoption and
Medical Assistance. The Interstate Commission may in
cooperation with other interstate compact commissions having
responsibility for the interstate movement, placement or transfer
of children, promulgate like rules to ensure the coordination of

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services, timely placement of children, and the reduction of
unnecessary or duplicative administrative or procedural
requirements.

ARTICLE IV. JURISDICTION

A. Except as provided in Article IV, Section H and Article V,
Section B, paragraph 2 and 3 concerning private and independent
adoptions, and in interstate placements in which the public child
placing agency is not a party to a custody proceeding, the sending
state shall retain jurisdiction over a child with respect to all
matters of custody and disposition of the child which it would have
had if the child had remained in the sending state. Such
jurisdiction shall also include the power to order the return of the
child to the sending state.
B. When an issue of child protection or custody is bro ught
before a court in the receiving state, such court shall confer with
the court of the sending state to determine the most appropriate
forum for adjudication.
C. In cases that are before courts and subject to this compact,
the taking of testimony for hearings before any judicial officer
may occur in person or by telephone, audio -video conference, or
such other means as approved by the rules of the Interstate
Commission; and judicial officers may communicate with other
judicial officers and persons invo lved in the interstate process as
may be permitted by their canons of judicial conduct and any rules
promulgated by the Interstate Commission.
D. In accordance with its own laws, the court in the sending
state shall have authority to terminate its jurisdiction if:
1. The child is reunified with the parent in the receiving
state who is the subject of allegations or findings of abuse or
neglect, only with the concurrence of the public child placing
agency in the receiving state; or
2. The child is adopted; or
3. The child reaches the age of majority under the laws of
the sending state; or
4. The child achieves legal independence pursuant to the
laws of the sending state; or
5. A guardianship is created by a court in the receiving
state with the concurrence of the court in the sending state; or
6. An Indian tribe has petitioned for and received
jurisdiction from the court in the sending state; or

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7. The public child placing agency of the sending state
requests termination and has obtained the con currence of the
public child placing agency in the receiving the state.
E. When a sending state court terminates its jurisdiction, the
receiving state child placing agency shall be notified.
F. Nothing in this article shall defeat a claim of jurisdicti on
by a receiving state court sufficient to deal with an act of truancy,
delinquency, crime or behavior involving a child as defined by the
laws of the receiving state committed by the child in the receiving
state which would be a violation of its laws.
G. Nothing in this article shall limit the receiving state’s
ability to take emergency jurisdiction for the protection of the
child.
H. The substantive laws of the state in which an adoption will
be finalized shall solely govern all issues relating to th e adoption
of the child and the court in which the adoption proceeding is filed
shall have subject matter jurisdiction regarding all substantive
issues relating to the adoption, except:
1. When the child is a ward of another court that
established jurisdiction over the child prior to the placement; or
2. When the child is in the legal custody of a public agency
in the sending state; or
3. When a court in the sending state has otherwise
appropriately assumed jurisdiction over the child, prior to the
submission of the request for approval of placement.
I. A final decree of adoption shall not be entered in any
jurisdiction until the placement is authorized as an “approved
placement” by the public child placing agency in the receiving
state.

ARTICLE V. PLACEMENT EVALUATION

A. Prior to sending, bringing, or causing a child to be sent or
brought into a receiving state, the public child placing agency
shall provide a written request for assessment to the receiving
state.
B. For placements by a pr ivate child placing agency, a child
may be sent or brought, or caused to be sent or brought, into a
receiving state, upon receipt and immediate review of the required
content in a request for approval of a placement in both the
sending and receiving state public child placing agency. The
required content to accompany a request for approval shall
include all of the following:

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1. A request for approval identifying the child, birth
parent(s), the prospective adoptive parent(s), and the supervising
agency, signed by the person requesting approval; and
2. The appropriate consents or relinquishments signed by
the birth parents in accordance with the laws of the sending state,
or where permitted the laws of the state where the adoption will be
finalized; and
3. Certification by a licensed attorney or authorized agent
of a private adoption agency that the consent or relinquishment is
in compliance with the applicable laws of the sending state, or
where permitted the laws of the state where finalization of the
adoption will occur; and
4. A home study; and
5. An acknowledgment of legal risk signed by the
prospective adoptive parents.
C. The sending state and the receiving state may request
additional information or documents prior to finalization of an
approved placement, but they may not delay travel by the
prospective adoptive parents with the child if the required content
for approval has been submitted, received and reviewed by the
public child placing agency in both the sending state and the
receiving state.
D. Approval from the public child placing agency in the
receiving state for a provisional or approved placement is required
as provided for in the rules of the Interstate Commission.
E. The procedures for making and the request for an
assessment shall contain all information and be in such form as
provided for in the rules of the Interstate Commission.
F. Upon receipt of a request from the public child placing
agency of the sending state, the receiving state shall initiate an
assessment of t he proposed placement to determine its safety and
suitability. If the proposed placement is a placement with a
relative, the public child placing agency of the sending state may
request a determination for a provisional placement.
G. The public child placing agency in the receiving state may
request from the public child placing agency or the private child
placing agency in the sending state, and shall be entitled to receive
supporting or additional information necessary to complete the
assessment or approve the placement.
H. The public child placing agency in the receiving state
shall approve a provisional placement and complete or arrange for
the completion of the assessment within the timeframes
established by the rules of the Interstate Commission.

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I. For a placement by a private child placing agency, the
sending state shall not impose any additional requirements to
complete the home study that are not required by the receiving
state, unless the adoption is finalized in the sending state.
J. The Interstate Commission may develop uniform standards
for the assessment of the safety and suitability of interstate
placements.

ARTICLE VI. PLACEMENT AUTHORITY

A. Except as otherwise provided in this Compact, no child
subject to this compact shall be pla ced into a receiving state until
approval for such placement is obtained.
B. If the public child placing agency in the receiving state
does not approve the proposed placement then the child shall not
be placed. The receiving state shall provide written d ocumentation
of any such determination in accordance with the rules
promulgated by the Interstate Commission. Such determination is
not subject to judicial review in the sending state.
C. If the proposed placement is not approved, any interested
party shall have standing to seek an administrative review of the
receiving state’s determination.
1. The administrative review and any further judicial
review associated with the determination shall be conducted in the
receiving state pursuant to its applicable Administrative
Procedures Act.
2. If a determination not to approve the placement of the
child in the receiving state is overturned upon review, the
placement shall be deemed approved, provided however that all
administrative or judicial remedies have b een exhausted or the
time for such remedies has passed.

ARTICLE VII. PLACING AGENCY RESPONSIBILITY

A. For the interstate placement of a child made by a public
child placing agency or state court:
1. The public child placing agency in the sending state shall
have financial responsibility for:
a. The ongoing support and maintenance for the child
during the period of the placement, unless otherwise provided for
in the receiving state; and

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b. As determined by the public child placing agency in
the sending state, services for the child beyond the public services
for which the child is eligible in the receiving state.
2. The receiving state shall only have financial
responsibility for:
a. Any assessment conducted by the receiving state; and
b. Supervision conducted by the receiving state at the
level necessary to support the placement as agreed upon by the
public child placing agencies of the receiving and sending state.
3. Nothing in this provision shall prohibit public child
placing agencies in the sending state from entering into
agreements with licensed agencies or persons in the receiving state
to conduct assessments and provide supervision.
B. For the placement of a child by a private child placing
agency preliminary to a possible adopt ion, the private child
placing agency shall be:
1. Legally responsible for the child during the period of
placement as provided for in the law of the sending state until the
finalization of the adoption.
2. Financially responsible for the child absent a contractual
agreement to the contrary.
C. The public child placing agency in the receiving state shall
provide timely assessments, as provided for in the rules of the
Interstate Commission.
D. The public child placing agency in the receiving state shall
provide, or arrange for the provision of, supervision and services
for the child, including timely reports, during the period of the
placement.
E. Nothing in this compact shall be construed as to limit the
authority of the public child placing agen cy in the receiving state
from contracting with a licensed agency or person in the receiving
state for an assessment or the provision of supervision or services
for the child or otherwise authorizing the provision of supervision
or services by a licensed agency during the period of placement.
F. Each member state shall provide for coordination among
its branches of government concerning the state’s participation in,
and compliance with, the compact and Interstate Commission
activities, through the creation of an advisory council or use of an
existing body or board.
G. Each member state shall establish a central state compact
office, which shall be responsible for state compliance with the
compact and the rules of the Interstate Commission.

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H. The public child placing agency in the sending state shall
oversee compliance with the provisions of the Indian Child
Welfare Act, 25 U.S.C. §§ 1901 et seq. , for placements subject to
the provisions of this compact, prior to placement.
I. With the consent of the Interstate Commission, states may
enter into limited agreements that facilitate the timely assessment
and provision of services and supervision of placements under this
compact.

ARTICLE VIII. INTERSTATE COMMISSION
FOR THE PLACEMENT OF CHILDREN

The member states hereby establish, by way of this compact, a
commission known as the “Interstate Commission for the
Placement of Children.” The activities of the Interstate
Commission are the formation of public policy and are a
discretionary state function. The Interstate Commission shall:
A. Be a joint commission of the member states and shall have
the responsibilities, powers and duties set forth herein, and such
additional powers as may be conferred upon it by subsequent
concurrent action of the respective l egislatures of the member
states.
B. Consist of one commissioner from each member state who
shall be appointed by the executive head of the state human
services administration with ultimate responsibility for the child
welfare program. The appointed commissioner shall have the legal
authority to vote on policy related matters governed by this
compact binding the state.
1. Each member state represented at a meeting of the
Interstate Commission is entitled to one vote.
2. A majority of the member states shall constitute a
quorum for the transaction of business, unless a larger quorum is
required by the bylaws of the Interstate Commission.
3. A representative shall not delegate a vote to another
member state.
4. A representative may delegate voting authority to another
person from their state for a specified meeting.
C. In addition to the commissioners of each member state, the
Interstate Commission shall include persons who are members of
interested organizations as defined in the bylaws or rules of the
Interstate Commission. Such members shall be ex officio and shall
not be entitled to vote on any matter before the Interstate
Commission.

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D. Establish an executive committee which shall have the
authority to administer the day -to-day operations and
administration of the Interstate Commission. It shall not have the
power to engage in rulemaking.

ARTICLE IX. POWERS AND DUTIES OF
THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:
A. To promulgate rules and take al l necessary actions to
effect the goals, purposes and obligations as enumerated in this
compact.
B. To provide for dispute resolution among member states.
C. To issue, upon request of a member state, advisory
opinions concerning the meaning or interpretation of the
interstate compact, its bylaws, rules or actions.
D. To enforce compliance with this compact or the bylaws or
rules of the Interstate Commission pursuant to Article XII.
E. Collect standardized data concerning the interstate
placement of children subject to this compact as directed through
its rules which shall specify the data to be collected, the means of
collection and data exchange and reporting requirements.
F. To establish and maintain offices as may be necessary for
the transacting of its business.
G. To purchase and maintain insurance and bonds.
H. To hire or contract for services of personnel or
consultants as necessary to carry out its functions under the
compact and establish personnel qualification policies, and ra tes
of compensation.
I. To establish and appoint committees and officers
including, but not limited to, an executive committee as required
by Article X.
J. To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive, utilize,
and dispose thereof.
K. To lease, purchase, accept contributions or donations of,
or otherwise to own, hold, improve or use any property, real,
personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal or
mixed.
M. To establish a budget and make expenditures.

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N. To adopt a seal and bylaws governing the management
and operation of the Interstate Commission.
O. To report annually to the legisla tures, governors, the
judiciary, and state advisory councils of the member states
concerning the activities of the Interstate Commission during the
preceding year. Such reports shall also include any
recommendations that may have been adopted by the Inters tate
Commission.
P. To coordinate and provide education, training and public
awareness regarding the interstate movement of children for
officials involved in such activity.
Q. To maintain books and records in accordance with the
bylaws of the Interstate Commission.
R. To perform such functions as may be necessary or
appropriate to achieve the purposes of this compact.

ARTICLE X. ORGANIZATION AND OPERATION
OF THE INTERSTATE COMMISSION

A. Bylaws
1. Within 12 months after the first Interstate Commission
meeting, the Interstate Commission shall adopt bylaws to govern
its conduct as may be necessary or appropriate to carry out the
purposes of the compact.
2. The Interstate Commission’s bylaws and rules shall
establish conditions and procedures under which the Interstate
Commission shall make its information and official records
available to the public for inspection or copying. The Interstate
Commission may exempt from disclosure information or official
records to the extent they would adversely affect personal privacy
rights or proprietary interests.
B. Meetings
1. The Interstate Commission shall meet at least once each
calendar year. The chairperson may call additional meetings and,
upon the request of a simple majority of the member states shall
call additional meetings.
2. Public notice shall be given by the Interstate Commission
of all meetings and all meetings shall be open to the public, except
as set forth in the rules or as otherwise provided in the compact.
The Interstate Commissio n and its committees may close a
meeting, or portion thereof, where it determines by two -thirds vote
that an open meeting would be likely to:

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a. Relate solely to the Interstate Commission’s internal
personnel practices and procedures; or
b. Disclose matters specifically exempted from
disclosure by federal law; or
c. Disclose financial or commercial information which
is privileged, proprietary or confidential in nature; or
d. Involve accusing a person of a crime, or formally
censuring a person; or
e. Disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy or physically endanger one or more persons; or
f. Disclose investigative records compiled for law
enforcement purposes; or
g. Specifically relate to the Interstate Commission’s
participation in a civil action or other legal proceeding.
3. For a meeting, or portion of a meeting, closed pursuant
to this provision, the Interstate Commission’s legal counsel or
designee shall certify that the meeting may be closed and shall
reference each relevant exemption provision. The Interstate
Commission shall keep minutes which shall fully and clearly
describe all matters discussed in a meeting and shall provide a full
and accurate summary of actions taken, and the reasons
therefore, including a description of the views expressed and the
record of a roll call vote. All documents considered in connection
with an action shall be identified in such minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to
release by a majority vote of the Interstate Commission or by court
order.
4. The bylaws may provide for meetings of the Interstate
Commission to be conducted by telecommunication or other
electronic communication.
C. Officers and Staff
1. The Interstate Commission may, through its executive
committee, appoint or retain a staff director for such period, upon
such terms and conditions and for such compensation as the
Interstate Commission may deem a ppropriate. The staff director
shall serve as secretary to the Interstate Commission, but shall not
have a vote. The staff director may hire and supervise such other
staff as may be authorized by the Interstate Commission.
2. The Interstate Commission sh all elect, from among its
members, a chairperson and a vice chairperson of the executive
committee and other necessary officers, each of whom shall have
such authority and duties as may be specified in the bylaws.

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D. Qualified Immunity, Defense and Indemnification
1. The Interstate Commission’s staff director and its
employees shall be immune from suit and liability, either
personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability caused
or arising out of or relating to an actual or alleged act, error, or
omission that occurred, or that such person had a reasonable
basis for believing occurred within the scope of Commission
employment, duties, or responsibilities; provided, that su ch person
shall not be protected from suit or liability for damage, loss,
injury, or liability caused by a criminal act or the intentional or
willful and wanton misconduct of such person.
a. The liability of the Interstate Commission’s staff
director and employees or Interstate Commission representatives,
acting within the scope of such person’s employment or duties for
acts, errors, or omissions occurring within such person’s state
may not exceed the limits of liability set forth under the
Constitution and laws of that state for state officials, employees,
and agents. The Interstate Commission is considered to be an
instrumentality of the states for the purposes of any such action.
Nothing in this subsection shall be construed to protect such
person from suit or liability for damage, loss, injury, or liability
caused by a criminal act or the intentional or willful and wanton
misconduct of such person.
b. The Interstate Commission shall defend the staff
director and its employees and, subject to the app roval of the
Attorney General or other appropriate legal counsel of the
member state shall defend the commissioner of a member state in
a civil action seeking to impose liability arising out of an actual or
alleged act, error or omission that occurred with in the scope of
Interstate Commission employment, duties or responsibilities, or
that the defendant had a reasonable basis for believing occurred
within the scope of Interstate Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or
omission did not result from intentional or willful and wanton
misconduct on the part of such person.
c. To the extent not covered by the state involved,
member state, or the Interstate Commission, the representatives or
employees of the Interstate Commission shall be held harmless in
the amount of a settlement or judgment, including attorney’s fees
and costs, obtained against such persons arising out of an actual
or alleged act, error, or omission that occurred within the scope o f
Interstate Commission employment, duties, or responsibilities, or

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that such persons had a reasonable basis for believing occurred
within the scope of Interstate Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or
omission did not result from intentional or willful and wanton
misconduct on the part of such persons.

ARTICLE XI. RULEMAKING FUNCTIONS
OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall promulgate and publish
rules in order to effectively and efficiently achieve the purposes of
the compact.
B. Rulemaking shall occur pursuant to the criteria set forth
in this article and the bylaws and rules adopted pursuant thereto.
Such rulemaking shall substantially conform to the principles of
the “Model State Administrative Procedures Act,” 1981 Act,
Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other
administrative procedure acts as the Interstate Commission deems
appropriate consistent with due process requirements under the
United States Constitution as now or hereafter interpreted by the
U.S. Supreme Court. All rules and amendments shall become
binding as of the date specified, as published with the final version
of the rule as approved by the Interstate Commission.
C. When prom ulgating a rule, the Interstate Commission
shall, at a minimum:
1. Publish the proposed rule’s entire text stating the
reason(s) for that proposed rule; and
2. Allow and invite any and all persons to submit written
data, facts, opinions and arguments, which information shall be
added to the record, and be made publicly available; and
3. Promulgate a final rule and its effective date, if
appropriate, based on input from state or local officials, or
interested parties.
D. Rules promulgated by the Inte rstate Commission shall
have the force and effect of administrative rules and shall be
binding in the compacting states to the extent and in the manner
provided for in this compact.
E. Not later than 60 days after a rule is promulgated, an
interested person may file a petition in the U.S. District Court for
the District of Columbia or in the Federal District Court where the
Interstate Commission’s principal office is located for judicial
review of such rule. If the court finds that the Interstate
Commission’s action is not supported by substantial evidence in

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the rulemaking record, the court shall hold the rule unlawful and
set it aside.
F. If a majority of the legislatures of the member states
rejects a rule, those states may by enactment of a statute o r
resolution in the same manner used to adopt the compact cause
that such rule shall have no further force and effect in any
member state.
G. The existing rules governing the operation of the
Interstate Compact on the Placement of Children superseded by
this act shall be null and void no less than 12, but no more than 24
months after the first meeting of the Interstate Commission
created hereunder, as determined by the members during the first
meeting.
H. Within the first 12 months of operation, the Interstate
Commission shall promulgate rules addressing the following:
1. Transition rules.
2. Forms and procedures.
3. Time lines.
4. Data collection and reporting.
5. Rulemaking.
6. Visitation.
7. Progress reports/supervision.
8. Sharing of information/confidentiality.
9. Financing of the Interstate Commission.
10. Mediation, arbitration and dispute resolution.
11. Education, training and technical assistance.
12. Enforcement.
13. Coordination with other interstate compacts.
I. Upon determination by a majority of the members of the
Interstate Commission that an emergency exists:
1. The Interstate Commission may promulgate an
emergency rule only if it is required to:
a. Protect the children covered by this compact from an
imminent threat to their health, safety and well-being; or
b. Prevent loss of federal or state funds; or
c. Meet a deadline for the promulgation of an
administrative rule required by federal law.
2. An emergency rule shall become effective immediatel y
upon adoption, provided that the usual rulemaking procedures
provided hereunder shall be retroactively applied to said rule as
soon as reasonably possible, but no later than 90 days after the
effective date of the emergency rule.

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3. An emergency rule s hall be promulgated as provided for
in the rules of the Interstate Commission.

ARTICLE XII. OVERSIGHT, DISPUTE
RESOLUTION, ENFORCEMENT

A. Oversight
1. The Interstate Commission shall oversee the
administration and operation of the compact.
2. The executive, legislative and judicial branches of state
government in each member state shall enforce this compact and
the rules of the Interstate Commission and shall take all actions
necessary and appropriate to effectuate the compact’s purposes
and intent . The compact and its rules shall be binding in the
compacting states to the extent and in the manner provided for in
this compact.
3. All courts shall take judicial notice of the compact and
the rules in any judicial or administrative proceeding in a me mber
state pertaining to the subject matter of this compact.
4. The Interstate Commission shall be entitled to receive
service of process in any action in which the validity of a compact
provision or rule is the issue for which a judicial determination
has been sought and shall have standing to intervene in any
proceedings. Failure to provide service of process to the Interstate
Commission shall render any judgment, order or other
determination, however so captioned or classified, void as to the
Interstate Commission, this compact, its bylaws or rules of the
Interstate Commission.
B. Dispute Resolution
1. The Interstate Commission shall attempt, upon the
request of a member state, to resolve disputes which are subject to
the compact and which may aris e among member states and
between member and non-member states.
2. The Interstate Commission shall promulgate a rule
providing for both mediation and binding dispute resolution for
disputes among compacting states. The costs of such mediation or
dispute resolution shall be the responsibility of the parties to the
dispute.
C. Enforcement
1. If the Interstate Commission determines that a member
state has defaulted in the performance of its obligations or
responsibilities under this compact, its bylaws o r rules, the
Interstate Commission may:

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a. Provide remedial training and specific technical
assistance; or
b. Provide written notice to the defaulting state and
other member states, of the nature of the default and the means of
curing the default. Th e Interstate Commission shall specify the
conditions by which the defaulting state must cure its default; or
c. By majority vote of the members, initiate against a
defaulting member state legal action in the United State District
Court for the District of Columbia or, at the discretion of the
Interstate Commission, in the federal district where the Interstate
Commission has its principal office, to enforce compliance with
the provisions of the compact, its bylaws or rules. The relief
sought may include b oth injunctive relief and damages. In the
event judicial enforcement is necessary the prevailing party shall
be awarded all costs of such litigation including reasonable
attorney’s fees; or
d. Avail itself of any other remedies available under
state law or the regulation of official or professional conduct.

ARTICLE XIII. FINANCING OF THE COMMISSION

A. The Interstate Commission shall pay, or provide for the
payment of the reasonable expenses of its establishment,
organization and ongoing activities.
B. The Interstate Commission may levy on and collect an
annual assessment from each member state to cover the cost of the
operations and activities of the Interstate Commission and its staff
which must be in a total amount sufficient to cover the Intersta te
Commission’s annual budget as approved by its members each
year. The aggregate annual assessment amount shall be allocated
based upon a formula to be determined by the Interstate
Commission which shall promulgate a rule binding upon all
member states.
C. The Interstate Commission shall not incur obligations of
any kind prior to securing the funds adequate to meet the same;
nor shall the Interstate Commission pledge the credit of any of the
member states, except by and with the authority of the member
state.
D. The Interstate Commission shall keep accurate accounts
of all receipts and disbursements. The receipts and disbursements
of the Interstate Commission shall be subject to the audit and
accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Interstate

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Commission shall be audited yearly by a certified or licensed
public accountant and the report of the audit shall be included in
and become part of the annual report of the Interstate
Commission.

ARTICLE XIV. MEMBER STATES, EFFECTIVE
DATE AND AMENDMENT

A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon
legislative enactment of the compact into law by no less than 35
states. The effective date shall be the later of July 1, 2007 or upon
enactment of the compact into law by the 35th state. Thereafter it
shall become effective and binding as to any other member state
upon enactment of the compact into law by that state. The
executive he ads of the state human services administration with
ultimate responsibility for the child welfare program of non -
member states or their designees shall be invited to participate in
the activities of the Interstate Commission on a non -voting basis
prior to adoption of the compact by all states.
C. The Interstate Commission may propose amendments to
the compact for enactment by the member states. No amendment
shall become effective and binding on the member states unless
and until it is enacted into law by unanimous consent of the
member states.

ARTICLE XV. WITHDRAWAL AND DISSOLUTION

A. Withdrawal
1. Once effective, the compact shall continue in force and
remain binding upon each and every member state; provided that
a member state may withdraw from th e compact specifically
repealing the statute which enacted the compact into law.
2. Withdrawal from this compact shall be by the enactment
of a statute repealing the same. The effective date of withdrawal
shall be the effective date of the repeal of the statute.
3. The withdrawing state shall immediately notify the
president of the Interstate Commission in writing upon
the introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall then notify the
other member states of the withdrawing state’s intent to withdraw.

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4. The withdrawing state is responsible for all assessments,
obligations and liabilities incurred through the effective date of
withdrawal.
5. Reinstatement following withdrawal of a member s tate
shall occur upon the withdrawing state reenacting the compact or
upon such later date as determined by the members of the
Interstate Commission.
B. Dissolution of Compact
1. This compact shall dissolve effective upon the date of the
withdrawal or default of the member state which reduces the
membership in the compact to one member state.
2. Upon the dissolution of this compact, the compact
becomes null and void and shall be of no further force or effect,
and the business and affairs of the Inters tate Commission shall be
concluded and surplus funds shall be distributed in accordance
with the bylaws.

ARTICLE XVI. SEVERABILITY AND CONSTRUCTION

A. The provisions of this compact shall be severable, and if
any phrase, clause, sentence or provision i s deemed
unenforceable, the remaining provisions of the compact shall be
enforceable.
B. The provisions of this compact shall be liberally construed
to effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit the
concurrent applicability of other interstate compacts to which the
states are members.

ARTICLE XVII. BINDING EFFECT OF
COMPACT AND OTHER LAWS

A. Other Laws
1. Nothing herein prevents the enforcement of any other
law of a member state that is not inconsistent with this compact.
B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission,
including all rules and bylaws promulgated by the Interstate
Commission, are binding upon the member states.
2. All agreements between the Interstate Commission and
the member states are binding in accordance with their terms.
3. In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any member

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state, such provision shall be ineffective to the exten t of the
conflict with the constitutional provision in question in that
member state.

ARTICLE XVIII. INDIAN TRIBES

Notwithstanding any other provision in this compact, the
Interstate Commission may promulgate guidelines to permit
Indian tribes to utiliz e the compact to achieve any or all of the
purposes of the compact as specified in Article I. The Interstate
Commission shall make reasonable efforts to consult with Indian
tribes in promulgating guidelines to reflect the diverse
circumstances of the various Indian tribes.
Sec. 2. NRS 127.320 is hereby amended to read as follows:
127.320 The Interstate Compact on the Placement of Children,
set forth in [NRS 127.330,] section 1 of this act, is hereby enacted
into law and entered into with all other jurisdictions substantially
joining therein.
Sec. 3. NRS 127.340 is hereby amended to read as follows:
127.340 The [administrator of the ] executive head of the
central state compact office created pursuant to the Interstate
Compact on the Placement of Children set forth in section 1 of
this act shall serve at the pleasure of the Governor. The
[administrator] central state compact office shall cooperate with all
departments, agencies and officers of and in the government of this
state and its subdivisions in facilitating the proper administration of
the compact or of any supplementary agreement o r agreements
entered into by this state under the compact.
Sec. 4. NRS 127.350 is hereby amended to read as follows:
127.350 The [administrator of the] central state compact office
created pursuant to the Interstate Compa ct on the Placement of
Children set forth in section 1 of this act shall enter into
supplementary agreements with appropriate officials of other states
pursuant to the compact. If a supplementary agreement requires or
contemplates the use of any institutio n or facility of this state or the
provision of any service by this state, the supplementary agreement
has no force or effect until approved by the head of the department
or agency under whose jurisdiction the institution or facility is
operated or whose d epartment or agency will be charged with the
rendering of the service.
Sec. 5. NRS 200.4685 is hereby amended to read as follows:
200.4685 1. Except as otherwise provided in this section, a
person shall not:

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(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 physical cu stody 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 [;] or section 1 of this act;
(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.
(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.
Sec. 6. NRS 424.260 is hereby amended to read as follows:
424.260 1. A foster care agency shall notify the licensing
authority before the foster care agency authorizes the placement of a
child who is not being placed through the licensing authority or a
juvenile court.

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2. A foster care agency may not agree to place a child who is
relocating from another state unless the foster care agency first
consults the licensing authority to determine whether the provisions
of the Interstate Compact on the Placement of Children pursuant to
NRS 127.320 to 127.350, inclusive, and section 1 of this act or the
Interstate Compact for Juveniles pursuant to NRS 62I.015 apply. If
the licensing authority determines that the provisions of either
Compact apply, the foster care agency may not agre e to place the
child unless the placement would not violate the provisions of the
Compact.
3. A foster care agency shall give priority to assisting with the
placement of a child by an agency which provides child welfare
services or a juvenile court.
Sec. 7. NRS 432B.390 is hereby amended to read as follows:
432B.390 1. An agent or officer of a law enforcement
agency, an officer of the local juvenile probation department or the
local department of juvenile services, or a designee of an agency
which provides child welfare services may place a child in
protective custody:
(a) If the parent or legal guardian consents to the child being
placed in protective custody;
(b) If the agent, officer or designee has reasonable cause to
believe that immediate action is necessary to protect the child from
injury, abuse or neglect;
(c) Upon the issuance of a warrant to place a child in protective
custody pursuant to NRS 432B.3903; or
(d) Upon the death of a parent of the child, i f the agent, officer
or designee has reasonable cause to believe that the death of the
parent of the child is or may be the result of an act by the other
parent that constitutes domestic violence pursuant to NRS 33.018.
2. When an agency which provides c hild welfare services
receives a report pursuant to subsection 2 of NRS 432B.630, a
designee of the agency which provides child welfare services shall
immediately place the child in protective custody.
3. If there is reasonable cause to believe that the death of a
parent of a child is or may be the result of an act by the other parent
that constitutes domestic violence pursuant to NRS 33.018, a
protective custody hearing must be held pursuant to NRS 432B.470,
whether the child was placed in protective cus tody or with a
relative. If an agency other than an agency which provides child
welfare services becomes aware that there is reasonable cause to
believe that the death of a parent of a child is or may be the result of
an act by the other parent that consti tutes domestic violence

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pursuant to NRS 33.018, that agency shall immediately notify the
agency which provides child welfare services and a protective
custody hearing must be scheduled.
4. An agency which provides child welfare services shall
request the assistance of a law enforcement agency in the removal of
a child if the agency has reasonable cause to believe that the child or
the person placing the child in protective custody may be threatened
with harm.
5. Before taking a child for placement in pr otective custody,
the person taking the child shall show his or her identification to any
person who is responsible for the child and is present at the time the
child is taken. If a person who is responsible for the child is not
present at the time the chi ld is taken, the person taking the child
shall show his or her identification to any other person upon request.
The identification required by this subsection must be a single card
that contains a photograph of the person taking the child and
identifies the person as a person authorized pursuant to this section
to place a child in protective custody.
6. A child placed in protective custody pending an
investigation and a hearing held pursuant to NRS 432B.470 must be
placed, except as otherwise provided in NRS 432B.3905 , in the
following order of priority:
(a) In a hospital, if the child needs hospitalization.
(b) With a person who is related within the fifth degree of
consanguinity or a fictive kin, and who is suitable and able to
provide proper care and guidance for the child, regardless of
whether the relative or fictive kin resides within this State.
(c) In a foster home that is licensed pursuant to chapter 424 of
NRS.
(d) In any other licensed shelter that provides care to such
children.
7. Whenever possible, a child placed pursuant to subsection 6
must be placed together with any siblings of the child. Such a child
must not be placed in a jail or other place for detention,
incarceration or residential care of persons convicted of a crime or
children charged with delinquent acts.
8. A person placing a child in protective custody pursuant to
subsection 1 shall:
(a) Immediately take steps to protect all other children
remaining in the home or facility, if necessary;
(b) Immediately make a reasonabl e effort to inform the person
responsible for the child’s welfare that the child has been placed in
protective custody; and

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(c) As soon as practicable, inform the agency which provides
child welfare services and the appropriate law enforcement agency,
except that if the placement violates the provisions of NRS
432B.3905, the person shall immediately provide such notification.
9. If a child is placed with any person who resides outside this
State, the placement must be in accordance with [NRS 127.330. ]
section 1 of this act.
Sec. 8. NRS 432B.480 is hereby amended to read as follows:
432B.480 1. At each hearing conducted pursuant to
NRS 432B.470:
(a) At the commencement of the hearing, the court shall advise
the parties of their right to be represented by an attorney and of their
right to present evidence.
(b) The court shall determine whether there is reasonable cause
to believe that it would be:
(1) Contrary to the welfare of the child for the child to reside
at his or her home; or
(2) In the best interests of the child to place the child outside
of his or her home.
 The court shall prepare an explicit statement of the facts upon
which each of its determinations is based. The court shall not make
an affirmative fi nding regarding either subparagraph (1) or (2)
solely because the person responsible for the welfare of the child is
deaf, is blind, as defined in NRS 426.082, or has another physical
disability or is the holder of a valid registry identification card. If the
court makes an affirmative finding regarding either subparagraph
(1) or (2), the court shall issue an order keeping the child in
protective custody pending a disposition by the court.
(c) The court shall determine whether the child has been placed
in a home or facility that complies with the requirements of NRS
432B.3905. If the placement does not comply with the requirements
of NRS 432B.3905, the court shall establish a plan with the agenc y
which provides child welfare services for the prompt transfer of the
child into a home or facility that complies with the requirements of
NRS 432B.3905.
2. If the court issues an order keeping the child in protective
custody pending a disposition by th e court and it is in the best
interests of the child, the court may:
(a) Place the child in the temporary custody of a grandparent,
great-grandparent or other person related within the fifth degree of
consanguinity to the child who the court finds has est ablished a
meaningful relationship with the child, with or without supervision

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upon such conditions as the court prescribes, regardless of whether
the relative resides within this State; or
(b) Grant the grandparent, great -grandparent or other person
related within the fifth degree of consanguinity to the child a
reasonable right to visit the child while the child is in protective
custody.
3. If the court finds that the best interests of the child do not
require that the child remain in protective custod y, the court shall
order the immediate release of the child.
4. If a child is placed with any person who resides outside this
State, the placement must be in accordance with [NRS 127.330. ]
section 1 of this act.
5. As used in this section, “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:
(a) Exempt from state prosecution for engaging in the medical
use of cannabis; or
(b) A designated primary caregiver as defined in
NRS 678C.040.
Sec. 9. NRS 432B.550 is hereby amended to read as follows:
432B.550 1. If the court finds that a child is in need of
protection, it may, by its order, after receipt and review of the report
from the agency which provides child welfare services:
(a) Permit the child to remain in the temporary or permanent
custody of the parents of the child or a guardian with or without
supervision by the court or a person or age ncy designated by the
court, and with or without retaining jurisdiction of the case, upon
such conditions as the court may prescribe;
(b) Place the child in the temporary or permanent custody of a
relative, a fictive kin or other person the court finds su itable to
receive and care for the child with or without supervision, and with
or without retaining jurisdiction of the case, upon such conditions as
the court may prescribe; or
(c) Place the child in the temporary custody of a public agency
or institution authorized to care for children, the local juvenile
probation department, the local department of juvenile services or a
private agency or institution licensed by the Department of Health
and Human Services or a county whose population is 100,0 00 or
more to care for such a child.
 In carrying out this subsection, the court may, in its sole
discretion and in compliance with the requirements of chapter 159 A
of NRS, consider an application for the guardianship of the child. If

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the court grants such an application, it may retain jurisdiction of the
case or transfer the case to another court of competent jurisdiction.
2. The court shall not deny placement of a child in the
temporary or permanent custody of a person pursuant to subsection
1 solely because the person:
(a) Is deaf, is blind or has another physical disability; or
(b) Is the holder of a valid registry identification card.
3. If, pursuant to subsection 1, a child is placed other than with
a parent:
(a) The parent retains the right t o consent to adoption, to
determine the child’s religious affiliation and to reasonable
visitation, unless restricted by the court. If the custodian of the child
interferes with these rights, the parent may petition the court for
enforcement of the rights of the parent.
(b) The court shall set forth good cause why the child was
placed other than with a parent.
4. If, pursuant to subsection 1, the child is to be placed with a
relative or fictive kin, the court may consider, among other factors,
whether the child has resided with a particular relative or fictive kin
for 3 years or more before the incident which brought the child to
the court’s attention.
5. Except as otherwise provided in this subsection, a copy of
the report prepared for the court by the agency which provides child
welfare services must be sent to the custodian and the parent or legal
guardian. If the child was delivered to a provider of emergency
services pursuant to NRS 432B.630:
(a) The parent who delivered the child to the provider s hall be
deemed to have waived his or her right to a copy of the report; and
(b) A copy of the report must be sent to the parent who did not
deliver the child to the provider, if the location of such parent is
known.
6. In determining the placement of a child pursuant to this
section, if the child is not permitted to remain in the custody of the
parents of the child or guardian:
(a) It must be presumed to be in the best interests of the child to
be placed together with the siblings of the child.
(b) Preference must be given to placing the child in the
following order:
(1) With any person related within the fifth degree of
consanguinity to the child or a fictive kin, and who is suitable and
able to provide proper care and guidance for the child, rega rdless of
whether the relative or fictive kin resides within this State.

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(2) In a foster home that is licensed pursuant to chapter 424
of NRS.
7. Any search for a relative with whom to place a child
pursuant to this section must be completed within 1 y ear after the
initial placement of the child outside of the home of the child. If a
child is placed with any person who resides outside of this State, the
placement must be in accordance with [NRS 127.330.] section 1 of
this act.
8. Within 60 days after the removal of a child from the home of
the child, the court shall:
(a) Determine whether:
(1) The agency which provides child welfare services has
made the reasonable efforts required by paragraph (a) of subsection
1 of NRS 432B.393; or
(2) No such efforts are required in the particular case; and
(b) Prepare an explicit statement of the facts upon which its
determination is based.
9. 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. 10. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
Sec. 11. NRS 127.330 is hereby repealed.
Sec. 12. 1. This section becomes effective upon passage and
approval.
2. Sections 1, 2 and 10 of this act become effective:
(a) Upon passage and approval, for the purpose of enacting and
entering into the version of the Interstate Compact on the Placement
of Children set forth in section 1 of this act; and
(b) On the date on which the 35th state ratifies and enters into
the version of the Interstate Compact on the Placement of Children
set forth in section 1 of this act, for all other purposes.

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3. Sections 3 to 9, inclusive, and 11 of this act become
effective on the date on which the 35th state ratifies and enters into
the version of the Interstate Compact on the Placement of Children
set forth in section 1 of this act.

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