AB520 - Revises provisions relating to adoption. (BDR 11-356)

- 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 disclosure 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) require 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 allowing 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 background 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 fingerprints; 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 – 2 – - 83rd Session (2025) 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 State 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 adoptive 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 bill 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 operate 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 determination 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 Central 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. – 3 – - 83rd Session (2025) 3. The Division shall: (a) Conduct an investigation of each licensee, employee, 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 History 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 rights 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 submitted the information voluntarily to the Division; and – 4 – - 83rd Session (2025) (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 herself 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 home 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. – 5 – - 83rd Session (2025) (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 – 6 – - 83rd Session (2025) 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. “Arra [Text truncated for display. Full text available on LegiScan.]