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- 83rd Session (2025)
Senate Bill No. 284 –Senators Cannizzaro, Scheible, Nguyen; Cruz -
Crawford, Daly, Doñate, Dondero Loop, Flores,
Ohrenschall and Taylor
CHAPTER..........
AN ACT relating to child welfare; requiring an agency which
provides child welfare services to take certain measures to
facilitate the payment of certain benefits to which a child in
the custody of the agency is entitled; revising the manner in
which an agency which provides child welfare services is
required to maintain and use certain benefits and awards
received on behalf of such a child; requiring an agency which
provides child welfare services to provide certain training and
information to certain children and other persons interested in
the welfare of the child; requiring an agency which provides
child welfare services to report certain information to a court;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires that all benefits for survivors or other awards payable to a
child receiving child welfare services: (1) in a county whose population is less than
100,000 (currently all counties other than Clark and Washoe Counties) be deposited
in the State Treasury for credit to the Trust Fund for Child Welfare; or (2) in a
county whose population is 100,000 or more (curre ntly Clark and Washoe
Counties) be deposited in a trust fund for child welfare established in the county
treasury. Existing law requires the Division of Child and Family Services of the
Department of Health and Human Services to use money in the Trust Fund for
Child Welfare to pay for any services provided to the child to whom the benefits or
awards were payable with public money. Existing law authorizes the agency which
provides child welfare services in a county whose population is 100,000 or more to
use the money in the trust fund for child welfare in the county treasury to pay for
such services. (NRS 432.037) Section 6 of this bill repeals those provisions.
Section 1 of this bill requires an agency which provides child welfare services
to determine if each child in the custody of the agency is receiving or is eligible to
receive federal benefits administered by the Social Security Administration or the
United States Department of Veterans Affairs. If a child is eligible to receive such
federal benefits, section 1 requires the agency which provides child welfare
services to promptly apply for the federal benefits on behalf of the child. If the
agency which provides child welfare services applies for such federal benefits on
behalf of a child in its custod y or if such a child is receiving such federal benefits,
section 1 requires the agency to: (1) determine whether there is a person who may
be the representative payee for the child for the purpose of receiving such federal
benefits; and (2) if no person is suitable, apply to the Federal Government to be the
representative payee for the child. If the agency which provides child welfare
services is approved to be the representative payee for the child, section 1
additionally requires the agency to: (1) establish an account for the purpose of using
and conserving the federal benefits and any other benefits or awards received on
behalf of the child; (2) perform an accounting of the use, application or
conservation of all benefits that the agency receives on beha lf of the child every 6
months; and (3) notify and consult with certain persons associated with the child
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concerning applications for and the use of federal benefits. Section 1 also requires
the agency to provide financial counseling to a child who is in t he custody of the
agency, is receiving benefits and is 14 years of age or older.
Section 1 prohibits an agency which provides child welfare services that serves
as the representative payee for a child from using any benefits, awards or assets
belonging to a child to pay for the costs of the care of the child. Section 1 requires
an agency which provides child welfare services that is the representative payee for
a child to periodically assess whether there is a more suitable person to serve as the
representative payee for the child, consult with certain interested persons as to
whether the person is suitable for that role and, if so, assist the person in applying
to be the representative payee. If a person assumes the role of representative payee,
section 1 requires the agency to provide certain training to the person and request
from the person certain documents relating to the accounting of funds of the child.
Upon ceasing to serve as the representative payee for a child, section 1 requires an
agency which provides child welfare services to remit any balance in the accoun t
maintained on behalf of the child or transfer control over the account in accordance
with any requirements imposed by the source of the money or, if no such
requirements exist, to: (1) the new representative payee or the parent or legal
guardian of the c hild; or (2) if the child is emancipated or has reached 18 years of
age, the child. Sections 1 and 3 of this bill require an agency which provides child
welfare services to submit to a court overseeing the case of a child in its custody
who is receiving fe deral benefits certain documentation on the accounting of those
benefits. Section 2 of this bill makes a conforming change to indicate the proper
placement of section 1 in the Nevada Revised Statutes.
Section 4 of this bill requires the Division to, on or before January 1, 2026,
close each account in the Trust Fund and: (1) if the Division is the representative
payee for the child for which the account was maintained, deposit the money into
an account maintained pursuant to section 1; or (2) if the Divisio n is not the
representative payee for the child, remit the balance of the account in accordance
with any requirements imposed by the source of the money or, if no such
requirements exist, to the new representative payee, the parent or guardian of the
child or the child, depending on the circumstances. Section 4 requires an agency
which provides child welfare services in a county whose population is 100,000 or
more to take similar action with regard to the trust fund for child welfare in the
county treasury.
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 432 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Not later than 60 days after a child is placed in the custody
of an agency which provides child welfare services and annually
thereafter, the agency which provides child welfare services shall
determine whether the child is receiving or is eligible to receive
federal benefits.
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2. If an agency which provides child welfare services
determines pursuant to subsection 1 that a child is eligible to
receive federal benefits but is not currently receiving such
benefits, the agency which provides child welfare services shall
promptly apply for the federal benefits on behalf of the child.
3. If a child in the custody of an agency which provides child
welfare services is receiving federal benefits or if the agency which
provides child welfare services applies for federal benefits on
behalf of the child pursuant to subsection 2, the agency which
provides child welfare services shall:
(a) Determine, in consultation with the child, any parent
whose rights have not been terminated and the attorney for the
child, whether there is a person who is suitable to be the
representative payee for the child in accordance with 20 C.F.R. §§
404.2021 and 416.621; and
(b) If there is no person who is suitable to be the representative
payee for the child, apply to be the representative payee for the
child pursuant to 20 C.F.R. §§ 404.2024 and 416.624 and deposit
the federal benefits into an account established pursuant to
subsection 4.
4. If an agency which provides child welfare services is the
representative payee for a child, the agency which provides child
welfare services shall:
(a) Establish an account th at is appropriate to use and
conserve the federal benefits and any other benefits or awards
received on behalf of the child. An account established pursuant
to this paragraph may be, without limitation:
(1) A special needs trust;
(2) A pooled special needs trust;
(3) An ABLE account described in section 592A of the
Internal Revenue Code, 26 U.S.C. § 529A; or
(4) Any other trust account that will not interfere with the
eligibility of the child for any benefits provided by the Federal
Government, this State or an agency or political subdivision of this
State.
(b) Regularly meet with the child and the attorney for the child
to discuss the federal benefits and ascertain the needs of the child,
including, without limitation, needs related to the future plans of a
child who is 14 years of age or older once he or she reaches the
age of majority.
(c) If the child is 14 years of age or older, provide financial
counseling to the child on preserving his or her eligibility for
benefits, the use of the benefits for the needs of the child in
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accordance with subsection 5 and planning for future needs that
are foreseeable.
5. An agency which provides child welfare services that is the
representative payee for a child shall not use any federal benefits
or other be nefits, awards or assets belonging to a child to pay for
or reimburse the agency which provides child welfare services or
any other state or local governmental agency for costs of the
child’s care. The agency which provides child welfare services
may use s uch money in the specific interests of the child, as
determined in cooperation with the child and attorney for the
child, for costs not covered by the agency as part of the child’s
care or by the health insurance of the child.
6. In addition to any accou nting required by NRS 166A.310,
an agency which provides child welfare services that is the
representative payee for a child shall, at least once every 6 months,
perform an accounting of the use, application or conservation of
all benefits received by the agency on behalf of the child and
provide documentation of the accounting to:
(a) The child;
(b) Any parent of the child whose parental rights have not
been terminated;
(c) Any legal guardian of the child;
(d) The attorney for the child; and
(e) A court, as required by NRS 432B.580.
7. An agency which provides child welfare services that has
applied for benefits pursuant to subsection 2 shall notify the child,
any parent of the child whose parental rights have not been
terminated, the legal guardian of the child and the attorney for the
child of any application, decision or appeal related to benefits, any
application pursuant to paragraph (b) of subsection 3 to be the
representative payee for the child or any decision or appeal related
to such an application.
8. If an application for federal benefits submitted by an
agency which provides child welfare services on behalf of a child
is denied, the agency which provides child welfare services shall:
(a) Consult with the attorney for the child; and
(b) Appeal the denial if an appeal is in the best interests of the
child.
9. An agency which provides child welfare services that is the
representative payee for a child shall periodically assess whether
there is a person who is suitable to assume the role of
representative payee and who would better serve the best interests
of the child. If the agency which provides child welfare services
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determines that such a person exists, the agency which provides
child welfare services shall consult with the child, an y parent
whose rights have not been terminated and the attorney for the
child about the person identified. If after such consultation, the
agency continues to believe that the person is suitable to assume
the role of representative payee, the agency shall contact the
person to support him or her in applying to be the representative
payee for the child.
10. If a person assumes the role of representative payee
pursuant to subsection 3 or 9 for a child who is in the custody of
an agency which provides child welfare services, the agency shall:
(a) Provide training to the representative payee relating to:
(1) The fiduciary obligations of a representative payee;
(2) Establishing, monitoring and utilizing accounts to
maintain the child’s eligibility for benefits; and
(3) Utilizing and accounting for the benefits of the child;
(b) While the child remains in the custody of the agency,
require the representative payee to:
(1) Perform an accounting every 6 months of the use,
application or conservation of al l benefits received by the
representative payee on behalf of the child; and
(2) Provide documentation of each accounting performed
pursuant to subparagraph (1) to the agency; and
(c) Include any documentation provided pursuant to
paragraph (b) in a report submitted to a court pursuant to
NRS 432B.580.
11. An agency which provides child welfare services that
ceases to serve as the representative payee for a child shall remit
any bala nce remaining in an account established pursuant to
subsection 4 or transfer control over such an account in
accordance with the requirements prescribed by the source of the
money or, in the absence of such requirements, to:
(a) The new representative payee for the child, if any;
(b) The parent or legal guardian of the child, if there is no new
representative payee and the child is not emancipated and has not
reached 18 years of age; or
(c) The child if the child is emancipated or has reached 18
years of age.
12. An agency which provides child welfare services shall,
not earlier than 18 months before the 18th birthday of a child in
the custody of the agency who is receiving federal benefits and not
later than 12 months before that birthday:
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(a) Inform the child concerning any actions necessary for the
child to:
(1) Continue to be eligible to receive federal benefits after
his or her 18th birthday; and
(2) Receive federal benefits directly or designate a new
representative payee;
(b) Inform the ch ild concerning any effect of other benefits
received by or on behalf of the child on the amount of the federal
benefits received by the child; and
(c) Assist the child with any actions described in
paragraph (a).
13. An agency which provides child welf are services shall
provide appropriate training to employees of the agency who are
involved in the performance of the duties set forth in this section,
including, without limitation, training on how to establish,
monitor and use appropriate financial accou nts to maintain
benefits received by a child in a manner that preserves the
eligibility of the child for those benefits.
14. As used in this section:
(a) “Federal benefits” means benefits administered by the
Social Security Administration or the United States Department of
Veterans Affairs.
(b) “Representative payee” means a person or entity who
serves as a representative payee for the purposes described in 20
C.F.R. Part 404, Subpart U.
Sec. 2. NRS 432.091 is hereby amended to read as follows:
432.091 The provisions of NRS 432.010 to 432.085, inclusive,
and section 1 of this act, do not apply to the Program for Child Care
and Development administered by the Division of Welfare and
Supportive Services of the Departme nt pursuant to chapter 422A of
NRS.
Sec. 3. NRS 432B.580 is hereby amended to read as follows:
432B.580 1. Except as otherwise provided in this section and
NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other
than with a parent, the placement must be reviewed by the court at
least semiannually, and within 90 days after a request by a party to
any of the prior proceedings. Unless the parent, guardian or the
custodian objects to the referral, the court may ente r an order
directing that the placement be reviewed by a panel appointed
pursuant to NRS 432B.585.
2. An agency acting as the custodian of the child shall, before
any hearing for review of the placement of a child, submit a report
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to the court, or to the panel if it has been designated to review the
matter, which includes:
(a) An evaluation of the progress of the child and the family of
the child and any recommendations for further supervision,
treatment or rehabilitation.
(b) Information concerning the placement of the child in relation
to the child’s siblings, including, without limitation:
(1) Whether the child was placed together with the siblings;
(2) Any efforts made by the agency to have the child placed
together with the siblings;
(3) Any actions taken by the agency to ensure that the child
has contact with the siblings; and
(4) If the child is not placed together with the siblings:
(I) The reasons why the child is not placed together with
the siblings; and
(II) A plan for the child to visit the siblings, which must
be presented at the first hearing to occur after the siblings are
separated and approved by the court. The plan for visitation must be
updated as necessary to reflect any change in the placement of the
child or a sibling, including, without limitation, any such change
that occurs after the termination of parental rights to the child or a
sibling or the adoption of a sibling.
(c) Information concerning the child’s education, including:
(1) A copy of any academic plan or i ndividual graduation
plan developed for the child pursuant to NRS 388.155, 388.165,
388.205 or 388.227;
(2) The grade and school in which the child is enrolled;
(3) The name of each school the child attended before
enrolling in the school in which he o r she is currently enrolled and
the corresponding dates of attendance;
(4) Whether the child has not completed or passed any
course of instruction that the child should have completed or passed
by the time the report is submitted, which has resulted in t he child
having a deficiency in credits;
(5) A copy of any individualized education program
developed for the child;
(6) A copy of any plan developed in accordance with section
504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794;
(7) A summary of any special education services received by
the child;
(8) A copy of the most recent report card of the child;
(9) A statement of the number of credits earned by the child
during the most recent semester, if applicable;
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(10) A statement of the number of times the child has been
absent from school during the current or most recent school year for
which the child was enrolled in school;
(11) The scores the child received on any academic
assessments or standardized examinations administered to the child;
(12) Any information provided by the educational decision
maker appointed for the child pursuant to NRS 432B.462; and
(13) Whether a request that the child receive special
education services has been made and, if so, the outcome of such a
request.
(d) A copy of any explanations regarding medication that has
been prescribed for the child that have been submitted by a foster
home pursuant to NRS 424.0383.
(e) Documentation of any accounting conducted pursuant to
section 1 of this act within the immediately preceding 6 months.
3. Except as otherwise provided in this subsection, a copy of
the report submitted pursuant to subsection 2 must be given to the
parents, the guardian ad litem and the attorney, if any, representing
the parent or the child. If the child was delivered to a provider of
emergency services pursuant to NRS 432B.630 and the parent has
not appeared in the action, the report need not be sent to that parent.
4. After a plan for visitation between a child and the siblings of
the child submitted pursuant to subparagraph (4) of paragraph (b) of
subsection 2 has been approved by the court, the agency which
provides child welfare services must request the court to issue an
order requiring the visitation set forth in the plan for visitation.
Upon the issuance of such an order, the court shall provide each
sibling of the child with the case number of the proceeding for the
purpose of allowing the sibling to petition the court for visitation or
enforcement of the order for visitation. If a person refuses to comply
with or disobeys an order issued pursuant to this subsection, the
person may be punished as for a contempt of court.
5. The court or the panel shall hold a hearing to review the
placement, unless the parent, guardian or custodian file s a motion
with the court to dispense with the hearing. If the motion is granted,
the court or panel may make its determination from any report,
statement or other information submitted to it.
6. Except as otherwise provided in subsection 7 and subsectio n
5 of NRS 432B.520, notice of the hearing must be filed with the
court and must be given by first -class mail or any other means
agreed upon in writing between the agency which provides child
welfare services and the recipient of the notice to:
(a) All the parties to any of the prior proceedings;
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(b) Any persons planning to adopt the child;
(c) A sibling of the child, if known, who has been granted a
right to visitation of the child pursuant to this section or NRS
127.171 and his or her attorney, if any;
(d) Any other relatives of the child or providers of foster care
who are currently providing care to the child; and
(e) The educational decision maker appointed for the child
pursuant to NRS 432B.462.
7. The notice of the hearing required to be file d and given
pursuant to subsection 6:
(a) Must include a statement indicating that if the child is placed
for adoption the right to visitation of the child is subject to the
provisions of NRS 127.171;
(b) Must not include any confidential information des cribed in
NRS 127.140;
(c) Need not be given to a parent whose rights have been
terminated pursuant to chapter 128 of NRS or who has voluntarily
relinquished the child for adoption pursuant to NRS 127.040; and
(d) Need not be given to a parent who delive red a child to a
provider of emergency services pursuant to NRS 432B.630.
8. The court or panel may require the presence of the child at
the hearing and shall provide to each person to whom notice was
given pursuant to subsection 6 a right to be heard at the hearing.
9. The court or panel shall, after considering the report
provided in subsection 2 and any other relevant evidence, determine
based on a preponderance of the evidence:
(a) The continuing necessity for and appropriateness of the
placement;
(b) The extent of compliance with the plan submitted pursuant
to subsection 2 of NRS 432B.540;
(c) Any progress which has been made in alleviating the
problem which resulted in the placement of the child;
(d) The date the child may be returned to, and safely maintained
in, the home or placed for adoption or under a legal guardianship;
and
(e) Whether the child is making adequate academic progress and
receiving the educational services or supports necessary to ensure
the academic success of the child.
10. If the child is placed in a qualified residential treatment
program, the determination pursuant to paragraph (a) of subsection
9 must include, without limitation, a finding on each factor
prescribed by subsection 4 of NRS 432B.575.
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11. The provision of notice and a right to be heard pursuant to
this section does not cause any person planning to adopt the child,
any sibling of the child or any other relative, any adoptive parent of
a sibling of the child or a provider of foster care to become a party
to the hearing.
12. As used in this section, “individualized education program”
has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A)
Sec. 4. 1. On or before January 1, 2026:
(a) The Division shall close each account in the Trust Fund for
Child Welfare created by NRS 432.037. If the Division is the
representative payee pursuant to section 1 of this act for the child for
whom such an account was maintained, the Division shall de posit
the money from the account into an account created for the child
pursuant to section 1 of this act. If the Division is not the
representative payee for the child, the Division shall remit the
money in accordance with subsection 11 of section 1 of this act.
(b) An agency which provides child welfare services in a county
whose population is 100,000 or more shall close the trust fund for
child welfare established in the county treasury pursuant to NRS
432.037. If the agency which provides child welfare services is the
representative payee pursuant to section 1 of this act for a child for
whom benefits or other awards payable to the child remain in the
trust fund, the agency which provides child welfare services shall
deposit the money from the trust fund attributable to such benefits or
awards, including, without limitation, any interest paid on such
benefits or other awards, into an account created for the child
pursuant to section 1 of this act. If the agency which provides child
welfare services is not the representative payee for such a child, the
agency which provides child welfare services shall remit such
money in accordance with subsection 11 of section 1 of this act.
2. As used in this section:
(a) “Agency which provides child welfare services” has the
meaning ascribed to it in NRS 432B.030.
(b) “Division” means the Division of Child and Family Services
of the Department of Health and Human Services.
(c) “Representative payee” has the meaning ascribed to it in
section 1 of this act.
Sec. 5. 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. 6. NRS 432.037 is hereby repealed.
Sec. 7. 1. This section and sections 4 and 5 of this act
become effective upon passage and approval.
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2. Sections 1, 2, 3 and 6 of this act become effective on
January 1, 2026.
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