AB344 - Revises provisions relating to the judiciary. (BDR 38-155)

- 83rd Session (2025) Assembly Bill No. 344–Assemblymember Marzola CHAPTER.......... AN ACT relating to judiciary; replacing the term “master” with “judicial officer” when used to refer to judicial officers who perform certain duties; prescribing a procedure for the transfer of child welfare proceedings to a different court within this State; requiring the appointment of an attorney to represent certain parties during a child welfare proceeding in certain circumstances; revising the compensation that an appointed attorney in certain proceedings is entitled to receive; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes the appointment of a master or special master to perform certain limited duties in certain proceedings, including family law, juvenile justice and traffic proceedings and certain proceedings in a justice or municipal court. (NRS 3.2201, 3.405, 4.357, 5.0245, 33.019, 62B.020, 62B.030, 126.111, 129.080, 159A.0615, 425.381, 432B.455) Sections 3-24, 31-35, 40, 42-47, 52-63, 65, 66, 69-71 and 79 of this bill replace the term “master” with the term “judicial officer” when used to refer to a judicial official who performs those duties. Sections 1, 26, 38 and 67 of this bill define the term “judicial officer” for certain purposes and sections 2, 28, 39 and 68 of this bill establish the applicability of those definitions. Sections 32, 42, 43, 46-48, 54 and 70 of this bill authorize a court to designate a different title to a person appointed as a judicial officer so long as the title does not include the term “master.” Section 4 makes an additional clarifying change regarding the appointment of judicial officers. Sections 37, 41, 48, 50, 51 and 72-78 of this bill make various other changes so that a judicial officer retains all of the duties, privileges and protections that such a person currently has while functioning under the title “master.” Existing law establishes procedures for the transfer of proceedings involving the legal or physical custody of a child, including child welfare proceedings, to a court of another state. (NRS 125A.315, 125A.355, 125A.365) Section 27 of this bill similarly establishes a procedure for the transfer of child welfare proceedings to a different court in this State. Section 27 requires: (1) the originating court and the receiving court to hold a joint hearing on the potential transfer; and (2) both courts to conclude that the transfer would be in the best interests of the child who is the subject of the proceedings before the transfer may occur. Section 36 of this bill makes a conforming change to include a reference to section 27 where appropriate. Sections 29 and 49 of this bill prohibit a person from invoking certain privileges during a proceeding concerning such a transfer. Existing law: (1) authorizes an attorney to represent a parent or other person responsible for the welfare of a child who is alleged to have abused or neglected the child at all stages of child welfare proceedings concerning the child; and (2) requires a court to appoint an attorney to represent a child who is alleged to have been abused or neglected at all stages of such proceedings. An appointed attorney is entitled to the same compensation and payment for expenses as an attorney, other than a public defender, selected to represent or defend a defendant at any stage of a criminal proceeding. (NRS 432B.420) Section 30 of this bill provides that any parent or other person responsible for the welfare of a child who is taken into protective custody may be represented during a hearing on protective custody, – 2 – - 83rd Session (2025) regardless of whether the parent is alleged to have abused or neglected the child. If a petition is filed alleging that a child is in need of protection, section 30: (1) requires the court to appoint an attorney to represent the parent or other person responsible for the welfare of a child who is allegedly responsible for the child being in need of protection upon determining that the parent or other person is indigent, except in certain circumstances; and (2) authorizes the court to appoint an attorney to represent a parent or other person responsible for the welfare of the child who is not allegedly responsible for the child being in need of protection if the court determines that the parent or other person is indigent and appointment of an attorney is in the best interest of the child. Section 30 also provides that an attorney who is appointed to represent a parent or other person responsible for the welfare of a child or a child in a child welfare proceeding is, except in certain circumstances, entitled to compensation and payment for expenses for all reasonable time and expenses spent on the case at a rate not less than the rate an attorney in the same jurisdiction receives for representing a person charged with a misdemeanor. Existing law authorizes a court to appoint an attorney to represent a child and an indigent parent of a child during any proceeding for terminating or restoring parental rights. Existing law also requires a court to appoint an attorney to represent a child in such a proceeding if the child has been placed outside the home because he or she was deemed to be in need of protection. Such an appointed attorney is entitled to the same compensation and payment for expenses as an attorney, other than a public defender, selected to represent or defend a defendant at any stage of a criminal proceeding. (NRS 128.100) Section 64 of this bill provides that such an appointed attorney is entitled to compensation and payment for expenses for all reasonable time and expenses spent on the case at a rate not less than the rate an attorney in the same jurisdiction receives for representing a person charged with a felony. 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 425 of NRS is hereby amended by adding thereto a new section to read as follows: “Judicial officer” means a person who is appointed by a court pursuant to NRS 425.381 to act as a judicial officer of the court. Sec. 2. NRS 425.260 is hereby amended to read as follows: 425.260 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 425.270 to 425.335, inclusive, and section 1 of this act have the meanings ascribed to them in those sections. Sec. 3. NRS 425.295 is hereby amended to read as follows: 425.295 “Debt” means the amount of money owed as support for a dependent child pursuant to: 1. An order of a court of competent jurisdiction of this or any other state; or – 3 – - 83rd Session (2025) 2. A recommendation entered by the [master] judicial officer pursuant to NRS 425.382 to 425.3852, inclusive, and approved by the district court. Sec. 4. NRS 425.381 is hereby amended to read as follows: 425.381 1. A [master] judicial officer must be appointed as set forth in this section [.] and NRS 3.405. 2. The district judges of: (a) The Family Court of the Second Judicial District shall appoint the [masters] judicial officers for that District, and shall establish the qualifications and duties of those [masters;] judicial officers; and (b) The Family Court of the Eighth Judicial District shall appoint the [masters] judicial officers for that District, and shall establish the qualifications and duties of those [masters.] judicial officers. 3. The district judges of the remaining judicial districts shall appoint the [masters] judicial officers for those districts, and shall establish the qualifications and duties of those [masters.] judicial officers. 4. A [master] judicial officer serves at the pleasure of the district judges who appointed the [master.] judicial officer. Sec. 5. NRS 425.382 is hereby amended to read as follows: 425.382 1. Except as otherwise provided in NRS 425.346, the Chief may proceed pursuant to NRS 425.3822 to 425.3852, inclusive, after: (a) Payment of public assistance by the Division; or (b) Receipt of a request for services to carry out the Program. 2. Subject to approval by the district court pursuant to NRS 425.3844, a [master] judicial officer may: (a) Take any action authorized pursuant to chapter 130 of NRS, including any of the actions described in subsection 2 of NRS 130.305. (b) Except as otherwise provided in chapter 130 of NRS and NRS 425.346: (1) Issue and enforce an order for the support of a dependent child, and modify or adjust such an order in accordance with NRS 125B.145; (2) Require coverage for health care of a dependent child; (3) Establish paternity; (4) Order a responsible parent to comply with an order for the support of a dependent child, specifying the amount and the manner of compliance; (5) Order the withholding of income; – 4 – - 83rd Session (2025) (6) Determine the amount of any arrearages and specify a method of payment; (7) Enforce orders by civil or criminal contempt, or both; (8) Set aside property for satisfaction of an order for the support of a dependent child; (9) Place liens and order execution on the property of the responsible parent; (10) Order a responsible parent to keep the [master] judicial officer informed of the responsible parent’s current residential address, telephone number, employer, address of employment and telephone number at the place of employment; (11) Issue a bench warrant for a responsible parent who has failed after proper notice to appear at a hearing ordered by the [master] judicial officer and enter the bench warrant in any local and state computer system for criminal warrants; (12) Order the responsible parent to seek appropriate employment by specified methods; (13) Order the responsible parent to participate in a program intended to resolve issues that prevent the responsible parent from obtaining employment, including, without limitation, a program for the treatment of substance use disorders or a program to address mental health issues; (14) Upon the request of the Division, require a responsible parent to: (I) Pay any support owed in accordance with a plan approved by the Division; or (II) Participate in such work activities, as that term is defined in 42 U.S.C. § 607(d), as the Division deems appropriate; (15) Award reasonable attorney’s fees and other fees and costs; and (16) Grant any other available remedy. Sec. 6. NRS 425.3824 is hereby amended to read as follows: 425.3824 1. The notice and finding of financial responsibility issued pursuant to NRS 425.3822 must include: (a) The name of the person who has physical custody of the dependent child and the name of the child for whom support is to be paid. (b) A statement of the monthly support for which the parent is responsible. (c) A statement of the amount of arrearages sought, if any. (d) A statement that the parent may be required to provide coverage for the health care of the dependent child when coverage is available to the parent at a reasonable cost. – 5 – - 83rd Session (2025) (e) A statement of any requirements the Division will request pursuant to subparagraph (14) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the parent or the participation of the parent in work activities. (f) A statement that if the parent desires to discuss the amount of support or coverage for health care that the parent should be required to pay or provide, the parent may contact the office that sent the notice within 20 days after the date of receipt of service and request a conference for negotiation. (g) A statement that if the parent objects to any part of the notice and finding of financial responsibility, the parent must send to the office that issued the notice a written response within 20 days after the date of receipt of service that sets forth any objections and requests a hearing. (h) A statement that if a response is received within the specified period, the parent is entitled to a hearing and that if a written response is not received within the specified period, the [master] judicial officer may enter a recommendation for support of a dependent child in accordance with the notice and finding of financial responsibility. (i) A statement that as soon as the recommendation is entered and approved by the court, the property of the parent is subject to an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens. (j) A reference to NRS 425.382 to 425.3852, inclusive. (k) A statement that the parent is responsible for notifying the office of any change of address or employment. (l) A statement that if the parent has any questions, the parent may contact the office or consult an attorney. (m) Such other information as the Chief finds appropriate. 2. The statement of the monthly support required pursuant to paragraph (b) of subsection 1 must be computed in accordance with the guidelines established by the Administrator pursuant to NRS 425.620. 3. After a conference for negotiation is held pursuant to paragraph (f) of subsection 1, if an agreement is not reached on the monthly support to be paid or the coverage to be provided, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the parent by regular mail at the last known address of the parent or to the last known address of the attorney for the parent. – 6 – - 83rd Session (2025) Sec. 7. NRS 425.3826 is hereby amended to read as follows: 425.3826 If the paternity of the dependent child has not been legally established and a notice and finding of financial responsibility is to be served on the alleged parent, the notice must include: 1. The information required by NRS 425.3824. 2. An allegation that the person is the parent of the dependent child. 3. The name of the other parent of the child. 4. The date of birth of the child. 5. The probable period during which conception took place. 6. A statement that if the alleged parent does not send to the office issuing the notice and finding of financial responsibility a written response that denies paternity and requests a hearing, within the specified period, the [master,] judicial officer, without further notice to the alleged parent, may enter a recommendation that declares and establishes the person as the legal parent of the [Text truncated for display. Full text available on LegiScan.]