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- 83rd Session (2025)
Senate Bill No. 504–Committee on Finance
CHAPTER..........
AN ACT relating to child welfare; authorizing a court to dismiss
and reassume jurisdiction over a young adult under certain
circumstances for the purpose of obtaining certain federal
funding; revising provisions governing eligibility to
participate in the Extended Young Adult Support Services
Program; revising the manner i n which a young adult may
elect not to participate in the Program; revising the duties of
an agency which provides child welfare services with respect
to the Program; revising requirements governing court
hearings concerning a participant in the Program; a nd
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that, beginning no later than July 1, 2025, courts retain
jurisdiction over certain young adults who are at least 18 years of age but less than
21 ye ars of age and who have been placed outside the home in child welfare
proceedings. (NRS 432B.5917) Existing law requires the Division of Child and
Family Services of the Department of Health and Human Services to establish the
Extended Young Adult Support Services Program to provide extended youth
support services to such young adults, which must become operational on the
earlier of July 1, 2025, or the date on which there is sufficient money available to
carry out the Program. (NRS 432B.5919) Existing law defines the term “young
adult” for the purposes of the Program to mean a person who is at least 18 years of
age but less than 21 years of age and whose plan for permanent placement, on his
or her 18th birthday, did not provide for reunification with his or her parent. (NRS
432B.5915) Section 1 of this bill revises the definition of the term “young adult” to
instead refer to a person who: (1) on his or her 18th birthday, was subject to a court
order for placement in foster care or proceedings for which a possible outcome is
placement in foster c are; or (2) exited the Kinship Guardianship Assistance
Program or an adoption assistance program after attaining 16 years of age and is
not currently receiving care from a guardian or adoptive parent. Section 1 thereby
provides that such a person remains under the jurisdiction of the court and is
eligible to participate in the Program.
Existing law requires a court to retain jurisdiction over a young adult u ntil the
young adult reaches 21 years of age. (NRS 432B.5917) Section 2 of this bill
authorizes an agency which provides child welfare services to, under certain
circumstances, petition the court to dismiss its current jurisdiction over a young
adult and immediately reassume jurisdiction over the young adult to establish the
eligibility of the young adult for certain federal financial participation.
Once the Program becomes operational, existing law requires an agency which
provides child welfare services that has custody of a child to meet with the child at
least 120 days before his or her 18th birthday to determine whether the child wishes
to participate in the Program and, if the child does wish to participate, assist the
child to enroll in the Program. (NRS 432B.593) After the child requests to
participate in the Program, existing law requires the agency to develop and monitor
a written extended youth support services plan to assist the child in transitioning to
self-sufficiency. (NRS 432B.595) Sections 3-6 of this bill require a child who does
not wish to participate in the Program to affirmatively opt out of the Program, while
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maintaining the existing eligibility requirements to participate in the Program.
Sections 5 and 6 revise the duties of an agency which provides child welfare
services with respect to a young adult who participates in the Program.
Existing law requires a court that has jurisdiction over a young adult who is
participating in the Program to hold an annual hearing to: (1) review the extended
youth support servic es plan developed for the young adult; and (2) determine
whether the agency which provides child welfare services has made reasonable
efforts to assist the young adult in meeting the goals prescribed in the plan. Existing
law authorizes the court to direct that the hearing be conducted by a panel of three
or more persons appointed by mutual consent of the judge or judges of the court.
(NRS 432B.601) Section 7 of this bill requires the court to hold such a hearing
every 6 months instead of annually. If the court directs a panel to conduct such a
hearing, section 7 requires that at least one member of the panel be a person who is
not responsible for the case management of or delivery of services to the young
adult. Section 8 of this bill revises certain terminology and statutory references
related to the Program.
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. NRS 432B.5915 is hereby amended to read as
follows:
432B.5915 “Young adult” means a person who is at least 18
years of age but less than 21 years of age and [whose plan for
permanent placement adopted pursuant to NRS 432B.553 was, on
his or her 18th birthday, a permanent living arrangement other than
reunification with his or her parents.] who:
1. On his or her 18th birthday, was subject to a court order
for placement in foster care or was the subject of proceedings held
pursuant to NRS 432B.410 to 432B.590, inclusive, of which
placement in foster care is a potential outcome; or
2. Exited the Kinship Guardianship Assistance Program
established pursuant to NRS 432B.622 or an adoption assistance
program after attaining 16 years of age and is not currently
receiving care from his or her guardian or adoptive parent.
Sec. 2. NRS 432B.5917 is hereby amended to read as follows:
432B.5917 1. [A] Except as otherwise provided in
subsection 2, a court shall retain jurisdiction over a young adult
until the young adult reaches 21 years of age.
2. If a young adult was subject to a court order for placement
in foster care on his or her 18th birthday and was not eligible for
federal financial partic ipation under Title IV -E of the Social
Security Act, 42 U.S.C. § 670 et seq., before his or her 18th
birthday, the agency which provides child welfare services may, on
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behalf of and with the consent of the young adult, petition the
court to dismiss its cur rent jurisdiction over the young adult and
immediately reassume jurisdiction over the young adult to
establish the eligibility of the young adult for such federal
financial participation.
3. While under the jurisdiction of the court, a young adult has
the same authority to make decisions as a person who is over 18
years of age and who is not subject to the jurisdiction of the court.
Sec. 3. NRS 432B.592 is hereby amended to read as follows:
432B.592 1. A court shall ref er a child who is in the custody
of an agency which provides child welfare services to an attorney in
the county who provides legal services without a charge to abused
or neglected children if the court determines that the child:
(a) Has reached the age of 17 years; and
(b) Is not likely to be returned to the custody of his or her parent
before reaching the age of 18 years.
2. The court shall request the attorney to whom such a child is
referred to:
(a) Counsel the child regarding the legal consequences of:
(1) Remaining under the jurisdiction of the court pursuant to
NRS 432B.5917, regardless of whether the child [elects to
participate] participates in the Program; [and]
(2) Participating in the Program; and
(3) Opting out of the Program; and
(b) Assist the child in deciding whether to participate in the
Program.
Sec. 4. NRS 432B.593 is hereby amended to read as follows:
432B.593 1. At least 120 days before the date on which a
child who is in the custody of an agency which provides child
welfare services reaches the age of 18 years, the agency which
provides child welfare services shall meet with the child to:
(a) Provide information to the child regarding the Program,
including, without limitation, eligibil ity requirements for
participation in the Program and extended young adult support
services available to participants in the Program; and
(b) Determine whether the child intends to [request to participate
in] opt out of the Program.
2. Notwithstanding a determination made by a child during a
meeting held pursuant to subsection 1, and notwithstanding any
previous decision to opt out of or terminate participation in the
Program, any time before reaching the age of 21 years, a young
adult may request to participate in the Program.
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3. The agency which provided child welfare services to a
young adult before his or her 18th birthday:
(a) Shall, [upon the request of ] unless the young adult [to
participate in] opts out of the Program , [made on or after his or her
18th birthday, ] assist the young adult [to enroll ] in maintaining
eligibility for the Program [.] , including, without limitation,
meeting one or more of the conditions for participation set forth in
NRS 432B.594.
(b) May refer the young adult to a n attorney who provides legal
services without a charge to assist the young adult [to enroll ] in
participating in and maintaining eligibility for the Program.
4. A child who enters into an agreement with an agency which
provides child welfare services before the child reaches the age of
18 years to allow the child to live independently is not prohibited
from [electing to participate ] participating in the Program, a nd
would be entitled to the same rights and protections set forth in NRS
432B.5909 to 432B.601, inclusive, as provided to any other young
adult under the Program.
Sec. 5. NRS 432B.594 is hereby amended to read as follows:
432B.594 1. To be eligible to participate in the Program, a
young adult must:
(a) Enter into a written agreement with the agency that provides
child welfare services that satisfies the requirements prescribed in
subsection 3;
(b) Be:
(1) Enrolled in a program of secondary education or an
educational program leading to a general educational development
certificate or an equivalent document;
(2) Enrolled in a program of postsecondary or vocational
education;
(3) Enrolled or participating in a prog ram or activity
designed to promote employment or remove obstacles to
employment;
(4) Employed at least 80 hours per month; or
(5) Incapable of satisfying any of the requirements
prescribed in paragraphs (1) to (4), inclusive, due to a documented
medical or cognitive condition; and
(c) Make a good faith effort to achieve the goals set forth in the
plan developed pursuant to NRS 432B.595.
2. Except as otherwise provided in this section, a young adult
may continue to participate in the Program until:
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(a) The agency which provides child welfare services, the young
adult and the attorney of the young adult agree to terminate
participation in the Program;
(b) The court determines that:
(1) The young adult has achieved the goals set forth in the
plan developed pursuant to NRS 432B.595;
(2) The young adult is not making a good faith effort to
achieve the goals set forth in the plan developed pursuant to NRS
432B.595; or
(3) The circumstances of the young adult have changed in
such a manner that it i s infeasible for the young adult to achieve the
goals set forth in the plan developed pursuant to NRS 432B.595;
(c) The young adult requests that participation in the Program be
terminated; or
(d) The young adult reaches the age of 21 years,
whichever occurs first.
3. The written agreement to participate in the Program required
by subsection 1 must be filed with the court and must include,
without limitation, provisions which specify that:
(a) [The young adult voluntarily requested to participate in the
Program;
(b)] While participating in the Program, the young adult is
entitled to continue to receive services from the agency which
provides child welfare services and to receive monetary payments in
the manner prescribed in the plan developed pursuan t to NRS
432B.595 in an amount sufficient to assist the young adult to
achieve self-sufficiency which does not exceed the rate of payment
for foster care;
[(c)] (b) While participating in the Program , the agency which
provides child welfare services will retain responsibility for the
placement and care of the young adult, but the young adult will no
longer be under the legal custody of the agency which provides
child welfare services, and any proceedings conducted pursuant to
NRS 432B.410 to 432B.590, inclusive, will terminate;
[(d)] (c) The young adult may, at any time, request that his or
her participation in the Program be terminated; [and
(e)] (d) If there is an issue concerning the participant, the
participant and the agency which provides child welfare services
agree to attempt to resolve the issue before requesting a hearing
before the court to address the issue [.] ; and
(e) The participation of the young adult in the Program may
not be terminated until:
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(1) The court approves a transition plan consistent with 42
U.S.C. § 675(5)(H); and
(2) The young adult obtains the documents required by 42
U.S.C. § 675(5)(I) to be provided to him or her.
4. If an issue arises concerning a participant, the agency which
provides child welfare services or the attorney assigned to the case
may request a hearing before the court to address the issue. Before
requesting such a hearing, the participant and the agency which
provides child welfare services must attempt to resolve the issue.
5. If the agency w hich provides child welfare services wishes
to terminate the participation of a young adult in the Program, the
agency which provides child welfare services must send a notice to
the participant and his or her attorney that the participant has 15
days afte r receipt of the notice in which to request an informal
administrative review. If, during the administrative review, a
resolution is not reached, the participant or the attorney of the
participant may request a hearing before the court pursuant to
subsection 4. If the young adult and the attorney of the young adult
agree to terminate participation or do not request an informal
administrative review, participation in the Program must terminate
upon notice to the court by the agency which provides child welfa re
services.
6. A participant is entitled to continue to receive services and
monetary payments from the agency which provides child welfare
services in the manner prescribed in the plan developed pursuant to
NRS 432B.595 in an amount sufficient to assis t the young adult to
achieve self-sufficiency which does not exceed the rate of payment
for foster care.
7. The court may issue any order which it deems appropriate or
necessary to ensure:
(a) That the agency which provides child welfare services
provides the services and monetary payments which the participant
is entitled to receive as prescribed by the plan developed pursuant to
NRS 432B.595; and
(b) That the participant is working towards achieving the goals
of the plan developed pursuant to NRS 432B.595.
Sec. 6. NRS 432B.595 is hereby amended to read as follows:
432B.595 1. [Upon the request ] On behalf of a young adult
who satisfies the requirements of subsection 1 of NRS 432B.594 to
participate in the Program, the agency which provides child welfare
services shall develop , in collaboration with the young adult, a
written extended youth support services plan to assist the young
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adult in transitioning to self -sufficiency. Such a plan must include,
without limitation:
(a) The persons or entities that will receive payments from the
agency which provides child welfare services and the manner in
which such payments will be allocated. The agency which provides
child welfare services may make payments to more than one per son
or entity authorized to receive payments pursuant to subsection 2.
(b) The goals set forth in subsection 3.
2. The plan developed pursuant to subsection 1 may provide
for the agency which provides child welfare services to make direct
payments to:
(a) A foster home.
(b) A qualified residential treatment program.
(c) A child care institution.
(d) A person or entity, including, without limitation, a relative or
fictive kin, who provides a supervised arrangement for independent
living where the participant resides.
(e) A landlord, property manager or other entity that collects
rental payments for housing.
(f) A participant.
(g) Any combination of the persons or entities listed in
paragraphs (a) to (f), inclusive.
3. The plan developed pursuant to subsection 1 must include,
without limitation, the following goals:
(a) That the young adult save enough money to pay for his or
her monthly expenses for at least 3 months;
(b) If the young adult has not graduated from high school or
obtained a general equivalency diploma or an equivalent document,
that the young adult obtain a high school diploma or general
equivalency diploma;
(c) If the young adult has graduated from high school or
obtained a general equivalency diploma or an equivalent document,
that the young adult:
(1) Complete a program of postsecondary or vocational
education;
(2) Complete a program or activity designed to promote
employment or remove obstacles to employment; or
(3) Be employed at least 80 hours per month;
(d) That the young adult secure housing;
(e) That the young adult have adequate income to meet his or
her monthly expenses;
(f) That the young adult identify an adult who will be available
to provide support to the young adult; and
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(g) If applicable, that the young adult have established
appropriate supportive services to address any mental health or
developmental needs of the young adult.
4. If a young adult is not capable of achieving one or more of
the goals set forth in paragraphs (a) to (g), inclusive, of subsection 3,
the young adult must have goals which are appropriate for the young
adult based upon the needs of the young adult.
5. Based upon the needs of a participant, the agency which
provides child welfare services may, at any time, after consulting
with the participant, revise:
(a) The persons or entities to whom a payment is made pursuant
to subsection 2.
(b) The manner in which payments are allocated between
persons or entities to whom payments are made pursuant to
subsection 2.
6. The plan developed pursuant to subsection 1 must be
[annually] reviewed at least once every 6 months and mutually
agreed upon by the young adult and the agency which provides child
welfare services at the hearing required by NRS 432B.601.
7. The agency which provides child welfare services shall:
(a) Monitor the plan developed pursuant to subsection 1 and
adjust the plan as necessary;
(b) Provide or arrange for:
(1) The placement of the young adult or for another living
arrangement for the young adult; and
(2) The provision of support services and case management
for the young adult;
(c) Provide support and connect the young adult to services to
help meet the goals established for the young adult pursuant to
subsection 3 or 4, as applicable;
(d) Contact the young adult [by telephone at least once each
month and in person at least quarterly;] in accordance with the
requirements set forth in 42 U.S.C. § 622(b)(17);
[(c)] (e) Ensure that the young adult meets with a person who
will provide guidance to the young adult and make the young adult
aware of the services which will be available to the young adult;
[and
(d)] (f) Conduct a meeting with the young adult at least 30 days,
but not more than 45 days, before he or she reaches the age of 21
years to determine whether the young adult requires any additional
guidance [.] ;
(g) Assist the young adult in developing a transition plan
consistent with 42 U.S.C. § 675(5)(H); and
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(h) Ensure that the young adult obtains the applicable
documents outlined in 42 U.S.C. § 675(5)(I) within the time period
required by that provision.
8. As used in this section:
(a) “Child care institution” has the meaning ascribed to it in
NRS 432A.0245.
(b) “Foster home” has the meaning ascribed to it in
NRS 424.014.
Sec. 7. NRS 432B.601 is hereby amended to read as follows:
432B.601 1. Except as otherwise provided in subsection 4,
the court shall, within [12 months] 180 days after the date on which
a participant entered into a written agreement pursuant to NRS
432B.594 and [each year] at least every 6 months thereafter, hold a
hearing to:
(a) Review the plan developed pursuant to NRS 432B.595; and
(b) Determine whether the agency which provides child welfare
services has made reasonable efforts to assist the participant in
meeting the goals prescribed in the plan.
2. Except as otherwise provided in this subsection, notice of
the hearing must be given by regular or certified mail. Notice may
be given to the participant or his or her attorney by electronic mail if
the participant or his or her attorney, as applicable, agrees to receive
notice in this manner.
3. Unless required by the court or panel, the young adult is not
required to be present at the hearing.
4. The court may enter an order directing that the hearing
required by this section be conducted by a panel of three or more
persons appointed by mutual consent of the judge or judges of the
court. At least one member of the panel must be a person who is
not responsible for the case management of or delivery of services
to the young adult who is the subject of the hearing. The persons
so appointed shall serve without compensation at the pleasure of the
court.
Sec. 8. NRS 392.287 is hereby amended to read as follows:
392.287 “Child” means a person under the age of 18 years or,
if a pupil, until graduation from high school. The term does not
include a [child] young adult who remains under the jurisdiction of
the court pursuant to NRS [432B.594.] 432B.5917.
Sec. 9. 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. 10. Notwithstanding the provisions of NRS 218D.430 and
218D.435, a committee may vote on this act before the expiration of
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the period prescribed for the return of a fiscal note in NRS
218D.475. This section applies retroactively from and after May 26,
2025.
Sec. 11. This act becomes effective on July 1, 2025.
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