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- 83rd Session (2025)
Assembly Bill No. 520–Committee on
Health and Human Services
CHAPTER..........
AN ACT relating to adoption; requiring background investigations
of certain persons who operate or provide services to children
at a child -placing agency; authorizing the disc losure of
information from the State Register for Adoptions to certain
persons without the consent of the natural parent under
extenuating circumstances; authorizing certain persons to
attend an adoption hearing by a remote -technology system
under certain circumstances; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) requires certain persons who work with children or reside in
certain homes or facilities that provide services to children to undergo a
background investigation; (2) prohibits a person who has been convicted of certain
crimes from working or residing in such a home or facility; and (3) requires certain
homes and facilities to maintain records of background investigations. (NRS
62B.260-62B.280, 424.031 -424.034, 432A.170 -432A.1755, 433B.183 -433B.187,
449.122-449.125) Existing law defines “child -placing agency” to mean a nonprofit
corporation that places children for adoption or permanent free care. (NRS
127.220) Existing regulations: (1) requi re an applicant for a license to operate a
child-placing agency or an employee, volunteer or independent contractor of a
child-placing agency to undergo a background investigation; and (2) prohibit the
director of adoption of a child -placing agency from al lowing a person to provide
services to children if the Division of Child and Family Services has, based on the
criminal history of the person, deemed the person to be unacceptable to provide
services to children. (NAC 127.140)
Sections 2 and 3 of this bill: (1) codify such requirements governing child -
placing agencies into existing law ; and (2) additionally require such background
investigations to be conducted every 5 years. Specifically, section 2 requires the
Division to: (1) investigate the backgrou nd and personal history of every initial
applicant for a license to operate a child -placing agency and every employee,
volunteer or independent contractor of a child -placing agency; and (2) repeat such
investigations every 5 years. Section 3 requires an applicant for a license to operate
a child-placing agency and every employee, volunteer or independent contractor of
the child-placing agency, for the purposes of an investigation pursuant to section 2,
to submit to the Division: (1) a complete set of finger prints; and (2) written
permission authorizing the fingerprints to be submitted to the Federal Bureau of
Investigation for a background check. Section 11 of this bill makes conforming
changes to require the Central Repository for Nevada Records of Criminal History
to conduct such background checks. Section 2 requires the Division to prescribe by
regulation the conditions under which the Division may deem a person to have a
substantiated history of maltreating a child that renders the person unacceptable to
provide services to children. Section 7 of this bill prohibits a court from entering an
order of adoption and declare any order of adoption so entered to be void if the
adoption was facilitated by a child -placing agency that has failed to comply with
sections 2 and 3. Section 9 of this bill indicates the proper placement of sections 2
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and 3 in NRS. Section 10 of this bill makes certain definitions applicable to
sections 2 and 3.
Existing law requires the Division to maintain the State Register for Adoptions
to provide information to identify adults who were adopted and certain relatives of
such adults. Existing law authorizes the Division to release certain information
from the St ate Register to adopted persons and their relatives if: (1) the natural
parent of the adopted person has consented to the release; and (2) the adopted
person has not requested to restrict the release of the information. (NRS 127.007)
Section 6 of this bill authorizes the Division to release such information without the
written consent of the natural parent if the Division determines that extenuating
circumstances exist to justify the release of the information.
Existing law authorizes the prospective adopt ive parents to attend a court
hearing concerning the adoption by telephone instead of in person if: (1) the
prospective adoptive parents reside in another state or jurisdiction; (2) the child
who is the subject of the hearing is in the custody of an agency which provides
child welfare services or a child -placing agency; and (3) a representative of the
agency responsible for supervising the child in the state where the child will be
placed attends the hearing by telephone. (NRS 127.145) Section 8 of this bil l
additionally authorizes the prospective adoptive parents and the representative of
the agency responsible for supervising the child to attend a court hearing
concerning the adoption by any other remote -technology system under such
circumstances.
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 the provisions set forth as sections 2 to 5, inclusive, of this
act.
Sec. 2. 1. The Division shall obtain from appropriate law
enforcement agencies information on the background and
personal history of each applicant for a license to operate a child -
placing agency, person who is licensed to opera te a child -placing
agency or employee, volunteer or independent contractor of such
an applicant or licensee who provides or will provide services to
children to determine whether the person investigated has a
history of maltreating a child that, in the det ermination of the
Division, renders the person unacceptable to provide services to
children.
2. The Division may charge each person investigated
pursuant to subsection 1 for the cost of the fees charged by any
local agencies of law enforcement, the Centr al Repository for
Nevada Records of Criminal History and the Federal Bureau of
Investigation for the handling of fingerprint cards and the
issuance of reports of criminal histories.
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3. The Division shall:
(a) Conduct an investigation of each licensee, e mployee,
volunteer and independent contractor pursuant to this section at
least once every 5 years after the initial investigation; and
(b) Adopt regulations prescribing the conditions under which
the Division may deem a person investigated pursuant to
subsection 1 to have a history of maltreating a child that renders
the person unacceptable to provide services to children.
Sec. 3. 1. Each applicant for a license to operate a child -
placing agency, person who is licensed to operate a child -placing
agency or employee, volunteer or independent contractor of such
an applicant or licensee who provides services to children must
submit to the Division for the purposes of an investigation
pursuant to section 2 of this act a complete set of fingerprints and
written permission authorizing the Division to forward those
fingerprints to the Central Repository for Nevada Records of
Criminal Histor y for submission to the Federal Bureau of
Investigation for its report to enable the Division to conduct an
investigation pursuant to section 2 of this act.
2. The Division may exchange with the Central Repository or
the Federal Bureau of Investigation any information relating to
the fingerprints submitted.
3. When the Central Repository receives a report from the
Federal Bureau of Investigation, the Central Repository shall
immediately forward a copy of the report to the Division.
Secs. 4 and 5. (Deleted by amendment.)
Sec. 6. NRS 127.007 is hereby amended to read as follows:
127.007 1. The Division shall maintain the State Register for
Adoptions, which is hereby established, in its central office to
provide information 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 necessary for the operation of the Register,
relating to persons who have released a child for adoption or have
consented to the adoption of a child, or whose parental rig hts
have been terminated by a court of competent jurisdiction, and who
have submitted 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 submit ted
the information voluntarily to the Division; and
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(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.
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,] 5, 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,
under the circumstances described in subsection 4.
4. The Division may release the information described in
subsection 3 if [the] :
(a) The names and information about both persons are contained
in the Register ; and [written]
(b) Written consent for the release of such information is given
by the natural parent [.] or the Division determines that
extenuating circumstances exist to justify the release of the
information.
[4.] 5. An adopted person may, by submitting a written request
to the Division, restrict the release of any information concerning
himself or hers elf to one or more categories of relatives within the
third degree of consanguinity.
Sec. 7. 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 ho me of the petitioners may be filed at any time after
the child has lived in the home for 30 days.
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 that
the child has lived in the home of 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 desire that 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 consent to adoption.
(h) That there has been a full compliance with NRS 127.220 to
127.310, inclusive [.] , and sections 2 to 5, 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.
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 sections 2 to 5, inclusive, of this act, and the
provisions of NRS 125E.010 to 125E.370, inclusive, 127.041,
127.115, 127.151 and 127.1861 to 127.1869, inclusive.
Sec. 8. NRS 127.145 is hereby amended to read as follows:
127.145 1. The prospective adoptive parents may attend by
telephone [,] or any other remote -technology system, 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 will be placed appears at the
hearing by telephone [.] or any other remote-technology system.
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] :
(a) Telephone pursuant to subsection 1, the court shall place the
telephone call to a telephone number known to be a telephone
number of the agency described in paragraph (c) of subsection 1 or
of the prospective adoptive parents.
(b) Any other remote -technology system pursuant to
subsection 1, the court shall provide instructions on how the
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prospective adoptive parents may use the remote -technology
system to attend the hearing.
4. As used in this section, “remote -technology system” means
any system or other means of communication which uses any
electronic, digital or other similar technology to enable a person
from a remote location to attend any hearing held by the court
even though the person is not physically present at the hearing.
The term includes, without limitation, teleconference and
videoconference systems.
Sec. 9. 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, inclusive, and sections 2 to 5, inclusive, of this act is
hereby declared valid.
Sec. 10. NRS 127.220 is hereby amended to read as follows:
127.220 As used in NRS 127.220 to 127.310, inclusive, and
sections 2 to 5, inclusive, of this act, 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. “Recommend the placement of a child” mean s to suggest to
a child-placing agency that a prospective adoptive parent be allowed
to adopt a specific child, born or in utero.
Sec. 11. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The Central Repository for Nevada Records of
Criminal History is hereby created within the Records,
Communications and Compliance Division of the Department.
2. Each agency of criminal justice and any other agency
dealing with crime shall:
(a) Collect and maintain records, reports and compilations of
statistical data required by the Department; and
(b) Submit the information collected to the Central Repository:
(1) In the manner approved by the Director of the
Department; and
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(2) In accordance with the policies , procedures and
definitions of the Uniform Crime Reporting Program of the Federal
Bureau of Investigation.
3. Each agency of criminal justice shall submit the information
relating to records of criminal history that it creates, issues or
collects, and a ny information in its possession relating to the DNA
profile of a person from whom a biological specimen is obtained
pursuant to NRS 176.09123 or 176.0913, to the Division. The
information must be submitted to the Division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the Director of the Department,
within 60 days after the date of the disposition of the case. If an
agency has submitted a record regarding the arrest of a person who
is later determined by the agency not to be the person who
committed the particular crime, the agency shall, immediately upon
making that determination, so notify the Division. The Division
shall delete all references in the Central Repository relating to that
particular arrest.
4. Each state and local law enforcement agency shall submit
Uniform Crime Reports to the Central Repository:
(a) In the manner prescribed by the Director of the Department;
(b) In accordance with the policies, procedures and definitions
of the Uniform Crime Reporting Program of the Federal Bureau of
Investigation; and
(c) Within the time prescribed by the Director of the
Department.
5. The Division shall, in the manner prescribed by the Director
of the Department:
(a) Collect, maintain and arrange all information submitted to it
relating to:
(1) Records of criminal history; and
(2) The DNA profile of a person from whom a biological
specimen is obtained pursuant to NRS 176.09123 or 176.0913.
(b) When practicable, use a record of the personal identifying
information of a subject as the basis for any records maintained
regarding him or her.
(c) Upon request, provide, in paper or electronic form, the
information that is contained in the Central Repository to the
Committee on Domesti c Violence appointed pursuant to NRS
228.470 when, pursuant to NRS 228.495, the Committee is
reviewing the death of the victim of a crime that constitutes
domestic violence pursuant to NRS 33.018.
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6. The Division may:
(a) Disseminate any information which is contained in the
Central Repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with repositories of the
United States and other states to facilitate exchanges of information
that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of
Investigation information on the background and personal history of
any person whose record of fingerprints or other biometric identifier
the Central Repository submits to the Feder al Bureau of
Investigation and:
(1) Who has applied to any agency of the State of Nevada or
any political subdivision thereof for a license which it has the power
to grant or deny;
(2) With whom any agency of the State of Nevada or any
political subdiv ision thereof intends to enter into a relationship of
employment or a contract for personal services;
(3) Who has applied to any agency of the State of Nevada or
any political subdivision thereof to attend an academy for training
peace officers approved by the Peace Officers’ Standards and
Training Commission;
(4) For whom such information is required or authorized to
be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031,
432A.170, 432B.198, 433B.183, 449.123 and 449.4329 [;] and
section 3 of this act; or
(5) About whom any agency of the State of Nevada or any
political subdivision thereof is authorized by law to have accurate
personal information for the protection of the agency or the persons
within its jurisdiction.
7. To request and receive information from the Federal Bureau
of Investigation concerning a person pursuant to subsection 6, the
Central Repository must receive:
(a) The person’s complete set of fingerprints for the purposes of:
(1) Booking the person into a city or county j ail or detention
facility;
(2) Employment;
(3) Contractual services; or
(4) Services related to occupational licensing;
(b) One or more of the person’s fingerprints for the purposes of
mobile identification by an agency of criminal justice; or
(c) Any other biometric identifier of the person as it may require
for the purposes of:
(1) Arrest; or
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(2) Criminal investigation,
from the agency of criminal justice or agency of the State of
Nevada or any political subdivision thereof and submit the r eceived
data to the Federal Bureau of Investigation for its report.
8. The Central Repository shall:
(a) Collect and maintain records, reports and compilations of
statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of
statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of
statistical data relating to crime information which is contained in
the Central Repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the Superintendent of Public Instruction
for the issuance or renewal of a license;
(2) Has applied to a county school district, charter school or
private school for employment or to serve as a volunteer; or
(3) Is employed by or volunteers for a county school district,
charter school or private school,
and immediately notify the superintendent of each county school
district, the governing body of each charter scho ol and the
Superintendent of Public Instruction, or the administrator of each
private school, as appropriate, if the investigation of the Central
Repository indicates that the person has been convicted of a
violation of NRS 200.508, 201.230, 453.3385, 453.3387 or 453.339,
or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, immediately notify the superintendent of
each county school district, the governing body of each charter
school or the administrator of each private school, as appropriate, by
providing the superintendent, governing body or administrator with
a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by or volunteering for a county school district,
charter school or private sc hool whose fingerprints were sent
previously to the Central Repository for investigation,
who the Central Repository’s records indicate have been
convicted of a violation of NRS 200.508, 201.230, 453.3385,
453.3387 or 453.339, or convicted of a felony or any offense
involving moral turpitude since the Central Repository’s initial
investigation. The superintendent of each county school district, the
governing body of a charter school or the administrator of each
private school, as applicable, shall determi ne whether further
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investigation or action by the district, charter school or private
school, as applicable, is appropriate.
(f) Investigate the criminal history of each person who submits
one or more fingerprints or other biometric identifier or has such
data submitted pursuant to NRS 62B.270, 62G.223, 62G.353,
424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or
449.4329 [.] or section 3 of this act.
(g) Provide an electronic means to access on the Central
Repository’s Internet website statistical data relating to crime.
(h) Provide an electronic means to access on the Central
Repository’s Internet website statistical data about domestic
violence in this State.
(i) Identify and review the collection and processing of
statistical data relating to criminal justice by any agency identified
in subsection 2 and make recommendations for any necessary
changes in the manner of collecting and processing statistical data
by any such agency.
(j) Adopt regulations governing biometric identifiers and the
information and data derived from biometric identifiers, including,
without limitation:
(1) Their collection, use, safeguarding, handling, retention,
storage, dissemination and destruction; and
(2) The methods by which a person may request the removal
of his or her biometric identifiers from the Central Repository and
any other agency where his or her biometric identifiers have been
stored.
9. The Central Repository may:
(a) In the manner prescribed by the Director of the Department,
disseminate compilat ions of statistical data and publish statistical
reports relating to crime.
(b) Charge a reasonable fee for any publication or special report
it distributes relating to data collected pursuant to this section. The
Central Repository may not collect such a fee from an agency of
criminal justice or any other agency dealing with crime which is
required to submit information pursuant to subsection 2. All money
collected pursuant to this paragraph must be used to pay for the cost
of operating the Central Reposi tory or for any other purpose
authorized by the Legislature, and any balance of the money
remaining at the end of a fiscal year reverts to the State General
Fund.
(c) In the manner prescribed by the Director of the Department,
use electronic means to rece ive and disseminate information
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contained in the Central Repository that it is authorized to
disseminate pursuant to the provisions of this chapter.
10. As used in this section:
(a) “Mobile identification” means the collection, storage,
transmission, reception, search, access or processing of a biometric
identifier using a handheld device.
(b) “Personal identifying information” means any information
designed, commonly used or capable of being used, alone or in
conjunction with any other information, to identify a person,
including, without limitation:
(1) The name, driver’s license number, social security
number, date of birth and photograph or computer -generated image
of a person; and
(2) A biometric identifier of a person.
(c) “Private school” has the meaning ascribed to it in
NRS 394.103.
Sec. 12. 1. A person who is licensed to operate a child -
placing agency or provides services to children in his or her capacity
as an employee, volunteer or independent contracto r of a child -
placing agency on the effective date of this act and who has not
undergone a background investigation pursuant to NAC 127.140
after October 1, 2020, shall submit the documentation and
fingerprints required to conduct such an investigation in a ccordance
with sections 2 and 3 of this act on or before October 1, 2025, and
may continue to operate the child -placing agency or provide
services to children, as applicable, pending the results of the
investigation.
2. As used in this section, “child-placing agency” has the
meaning ascribed to it in NRS 127.220.
Sec. 13. This act becomes effective upon passage and
approval.
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