AB118 - Revises provisions relating to domestic relations. (BDR 11-182)

A.B. 118 - *AB118* ASSEMBLY BILL NO. 118–ASSEMBLYMEMBER KASAMA PREFILED JANUARY 24, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to domestic relations. (BDR 11-182) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to domestic relations; prohibiting a court from ordering a child to enroll or participate in a family reunification treatment, program or service under certain circumstances; requiring the Court Administrator to arrange for the giving of instruction in certain courses designed for the training of certain persons who are involved in child custody proceedings or proceedings relating to domestic violence; requiring the Court Administrator to prepare and submit an annual report concerning the instruction; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that it is the policy of this State to: (1) ensure that minor 1 children have a continuing relationship with both parents after the parents have 2 ended their relationship; (2) encourage such parents to share the rights and 3 responsibilities of child rearing; and (3) establish that such parents have an 4 equivalent duty to provide their minor children with necessary maintenance, care, 5 education and support. (NRS 125C.001) Section 2 of this bill: (1) defines the term 6 “family reunification treatment, program or service” to mean a treatment, program 7 or service intended to facilitate or encourage a relationship between a child and an 8 estranged or rejected parent or other immediate member of the family of the child; 9 and (2) prohibits a court from ordering a child to enroll or participate in a family 10 reunification treatment, program or service under certain circumstances. 11 Existing law requires the Court Administrator, at the direction of the Chief 12 Justice of the Supreme Court, to arrange for the giving of instruction in certain 13 courses designed for the training of judges. (NRS 3.027) Section 3 of this bill 14 likewise: (1) requires the Court Administrator to arrange for the giving of 15 instruction in a course designed for the training of judges and certain other persons 16 who regularly and routinely interact with persons who are involved in child custody 17 – 2 – - *AB118* proceedings or proceedings relating to domestic violence; and (2) provides that any 18 such instruction must comply with certain provisions of federal law. Section 3 also 19 requires the Court Administrator to prepare and submit an annual report concerning 20 the instruction to the Legislature or the Joint Interim Standing Committee on the 21 Judiciary, as appropriate, on or before January 1 of each year. 22 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 125C of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 and 3 of this act. 2 Sec. 2. 1. Notwithstanding any other provision of law, a 3 court shall not order a child to enroll or participate in a family 4 reunification treatment, program or service that, as a condition of 5 enrollment or participation, requires or results in: 6 (a) The issuance of an order prohibiting contact between the 7 child and a member of his or her immediate family; 8 (b) The child staying at a place other than his or her home 9 overnight or leaving this State; 10 (c) The transfer of legal custody or physical custody of the 11 child; 12 (d) The use or threatened use of force, physical obstruction, 13 intimidation, coercion or verbal abuse; or 14 (e) The isolation of the child from his or her family or 15 community. 16 2. As used in this section, “family reunification treatment, 17 program or service” means a treatment, program or service 18 intended to facilitate or encourage a relationship between a child 19 and an estranged or rejected parent or other member of his or her 20 immediate family. The term includes, without limitation, a 21 treatment, program or service provided by a camp, workshop, 22 therapeutic vacation or educational program. 23 Sec. 3. 1. The Court Administrator shall arrange for the 24 giving of instruction, at the National Council of Juvenile and 25 Family Court Judges in Reno, Nevada, or elsewhere, in a course 26 designed to improve the ability of a court to: 27 (a) Recognize and respond to child abuse, domestic violence 28 and trauma in a manner that is culturally sensitive and 29 appropriate for diverse communities; and 30 (b) Make child custody decisions that prioritize the safety and 31 well-being of children. 32 2. The instruction required by subsection 1 must: 33 (a) Be made available to judges and other persons who, during 34 the scope of their employment, have regular and routine contact 35 with persons who are involved in child custody proceedings or 36 – 3 – - *AB118* proceedings relating to domestic violence, including, without 1 limitation, guardians ad litem, mediators and employees of the 2 court; and 3 (b) Comply with any applicable requirements of the Violence 4 Against Women Act Reauthorization Act of 2022, Pub. L. No. 117- 5 103, 34 U.S.C. § 12291 et seq. 6 3. On or before January 1 of each year, the Court 7 Administrator shall prepare and submit to the Director of the 8 Legislative Counsel Bureau for transmittal to Legislature, or if the 9 Legislature is not in session, the Joint Interim Standing 10 Committee on the Judiciary, an annual report concerning the 11 instruction provided pursuant to this section. The report must 12 include, without limitation: 13 (a) The title of any course offered by the National Council of 14 Juvenile and Family Court Judges in the immediately preceding 15 year that satisfies the requirements of subsection 2; and 16 (b) The number of persons who attended each such course. 17 4. As used in this section: 18 (a) “Child custody proceeding” means a proceeding in which 19 legal custody, physical custody or visitation with respect to a child 20 is at issue. The term: 21 (1) Includes a proceeding for divorce, separation, paternity, 22 child support, termination of parental rights and protection from 23 domestic violence in which the issue may appear. 24 (2) Does not include a delinquency proceeding conducted 25 pursuant to title 5 of NRS or a proceeding held pursuant to 26 chapter 432B of NRS. 27 (b) “Judge” means a judge of the district court and any other 28 officer of the Judicial Branch of this State, including, without 29 limitation, a magistrate, master or referee. 30 Sec. 4. The provisions of subsection 1 of NRS 218D.380 do 31 not apply to any provision of this act which adds or revises a 32 requirement to submit a report to the Legislature. 33 Sec. 5. This act becomes effective on July 1, 2025. 34 H