Current Through April 2016

Circumstances That Constitute Witnessing

Citation: Rev. Stat. § 200.485(7)In criminal law: If it appears from information presented to the court that a child under age 18 may need counseling as a result of the commission of a battery that constitutes domestic violence, the court may refer the child to a child welfare services agency.

Consequences

Citation: Rev. Stat. § 200.485(7)If the court refers a child to a child welfare services agency, the court shall require the person convicted of domestic violence battery to reimburse the agency for the costs of any services provided, to the extent of his or her ability to pay.

Current Through February 2016

Physical Abuse

Citation: Rev. Stat. §§ 432B.020; 432B.090; 432B.150‘Abuse or neglect of a child’ means physical or mental injury of a nonaccidental nature; sexual abuse or sexual exploitation; or negligent treatment or maltreatment of a child caused or allowed by a person responsible for his or her welfare under circumstances that indicate that the child’s health or welfare is harmed or threatened with harm.

‘Physical injury’ includes, without limitation:

• A sprain or dislocation
• Damage to cartilage
• A fracture of a bone or the skull
• An intracranial hemorrhage or injury to another internal organ
• A burn or scalding
• A cut, laceration, puncture, or bite
• Permanent or temporary disfigurement or loss or impairment of a part or organ of the body

Excessive corporal punishment may result in physical or mental injury constituting abuse or neglect of a child.

Neglect

Citation: Rev. Stat. § 432B.140Negligent treatment or maltreatment of a child occurs if a child has been subjected to harmful behavior that is terrorizing, degrading, painful, or emotionally traumatic; has been abandoned; is without proper care, control, or supervision; or lacks the subsistence, education, shelter, medical care, or other care necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect or refusal of the person to provide them when able to do so.

Sexual Abuse/Exploitation

Citation: Rev. Stat. §§ 432B.100; 432B.110‘Sexual abuse’ includes acts upon a child constituting:

• Incest
• Lewdness with a child
• Sadomasochistic abuse
• Sexual assault
• Statutory sexual seduction
• Mutilation of the genitalia of a female child; aiding, abetting, encouraging, or participating in the mutilation of the genitalia of a female child; or removal of a female child from this State for the purpose of mutilating the genitalia of the child

‘Sexual exploitation’ includes forcing, allowing, or encouraging a child:

• To solicit for or engage in prostitution
• To view a pornographic film or literature
• To engage in filming, photographing, recording on videotape, posing, modeling, depiction, or a live performance before an audience that involves the exhibition of a child’s genitals or any sexual conduct with a child

Emotional Abuse

Citation: Rev. Stat. § 432B.070‘Mental injury’ means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of his or her ability to function within his or her normal range of performance or behavior.

Abandonment

Citation: Rev. Stat. § 432B.140
‘Negligent treatment or maltreatment’ of a child occurs if a child has been abandoned.

Standards for Reporting

Citation: Rev. Stat. § 432B.220
A report is required when a mandatory reporter, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected.

Persons Responsible for the Child

Citation: Rev. Stat. §§ 432B.080; 432B.130The term ‘parent’ means a natural or adoptive parent whose parental rights have not been terminated.

The term ‘person responsible for a child’s welfare’ includes:

• The child’s parent, guardian, or stepparent with whom the child lives
• An adult person continually or regularly found in the same household as the child
• A public or private home, institution, or facility in which the child actually resides or is receiving care outside of the home for all or a portion of the day
• A person directly responsible or serving as a volunteer for or employed by such a home, institution, or facility

Exceptions

Citation: Rev. Stat. § 432B.020(2)Relinquishment of a newborn in accordance with the law is not considered abuse or neglect.

It is not considered abuse or neglect when a parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for the child, if such treatment is recognized and permitted under the laws of the State in lieu of medical treatment. This paragraph does not limit the court in ensuring that a child receive a medical examination and treatment pursuant to § 62E.280.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Rev. Stat § 33.018‘Domestic violence’ occurs when a person commits one of the following acts against or upon any person listed below:

• Assault or battery
• Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act that he or she has the right to perform
• Sexual assault
• A knowing, purposeful, or reckless course of conduct intended to harass the other, including, but not limited to:
  • Stalking
  • Arson
  • Trespassing
  • Larceny
  • Destruction of private property
  • Carrying a concealed weapon without a permit
  • Injuring or killing an animal
  • False imprisonment
  • Unlawful entry into the other’s residence or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the person’s entry

Defined in Child Abuse Reporting and Child Protection Laws

Citation: Rev. Stat. § 432B.330(3)A child may be in need of protection if the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to § 33.018.

Defined in Criminal Laws

Citation: Rev. Stat. § 217.400‘Domestic violence’ means:

• The attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force
• Any of the following acts committed by a person against a family or household member, a person with whom he or she had or is having a dating relationship or with whom he or she has a child in common, or upon his or her minor child or a minor child of that person:
  • Assault or battery
  • Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform
  • Sexual assault
  • A knowing, purposeful, or reckless course of conduct intended to harass the other, including, without limitation:
    • Stalking
    • Arson
    • Trespassing
    • Larceny
    • Destruction of private property
    • Carrying a concealed weapon without a permit
    • False imprisonment
    • Unlawful entry into the other’s residence or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other person from the entry

Persons Included in the Definition

Citation: Rev. Stat. §§ 33.018; 217.400In civil law: The following persons are eligible for protection:

• A spouse or former spouse
• Any person related by blood or marriage
• A person with whom the abuser is or was actually residing
• Persons who have had or are having a dating relationship
• Persons who have a child in common
• The minor child of any of those persons
• A minor child of the abuser or any person who has been appointed the custodian or legal guardian for his or her minor child

‘Dating relationship’ means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

In criminal law: ‘Family or household member’ means:

• A spouse or former spouse
• A parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence

‘Dating relationship’ means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

‘Victim of domestic violence’ includes the dependent children of the victim.

Current Through March 2015

Citation: Rev. Stat. § 432B.160

Except as otherwise provided below, immunity from civil or criminal liability extends to every person who in good faith:

• Makes a report pursuant to the reporting laws
• Conducts an interview or allows an interview to be taken
• Allows or takes photographs or x-rays
• Causes a medical test to be performed
• Provides a record, or a copy of a record, of a medical test to an agency that provides child welfare services to the child, a law enforcement agency that participated in the investigation of the report made pursuant to § 432B. 220, or the prosecuting attorney’s office
• Holds a child pursuant to § 432B.400 [pertaining to the temporary detention of a child by a physician], takes possession of a child pursuant to § 432B.630 [pertaining to the delivery of a newborn child to a provider of emergency services], or places a child in protective custody
• Performs any act pursuant to § 432B.630(2)
• Refers a case or recommends the filing of a petition pursuant to § 432B.380 [pertaining to the referral of a case to a district attorney for criminal prosecution]
• Participates in a judicial proceeding resulting from a referral or recommendation

The provisions above do not confer any immunity from liability for the negligent performance of any act pursuant to § 432B.630.

In any proceeding to impose liability against a person for making a report pursuant to the reporting laws or performing any of the actions listed above, there is a presumption that a person acted in good faith.

Current Through February 2013

Individual Responsibility to Report

Citation: Rev. Stat. §§ 432B.220(1)-(2); 432B.230A mandated reporter who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall make a report as soon as reasonably practicable but no later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

A person may make a report by telephone or, in light of all the surrounding facts and circumstances that are known or that reasonably should be known to the person at the time, by any other means of oral, written, or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.

Content of Reports

Citation: Rev. Stat. § 432B.230The report must contain the following information, if obtainable:

• The name, address, age, and sex of the child
• The name and address of the child’s parents or other person responsible for the child’s care
• The nature and extent of the abuse or neglect of the child, the effect of prenatal illegal substance abuse on the newborn infant, or the nature of the withdrawal symptoms resulting from prenatal drug exposure
• Any evidence of previously known or suspected abuse or neglect of the child or the child’s siblings, effects of prenatal illegal substance abuse, or evidence of withdrawal symptoms resulting from prenatal drug exposure of the newborn infant
• The name, address, and relationship, if known, of the person who is alleged to have abused or neglected the child
• Any other information known to the person making the report that the agency that provides child welfare services considers necessary

Reporting Suspicious Deaths

Citation: Rev. Stat. § 432B.220(6)If a mandated reporter knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency that provides child welfare services or a law enforcement agency. If the report is made to a law enforcement agency, the law enforcement agency shall notify an agency that provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency that provides child welfare services, the agency shall notify the appropriate medical examiner or coroner of the report.

The medical examiner or coroner shall investigate the report and submit his or her written findings to the appropriate child welfare agency, the appropriate district attorney, and a law enforcement agency. The written findings must include, if obtainable, the information required by § 432B.230(2).

Reporting Substance-Exposed Infants

Citation: Rev. Stat. § 432B.220(3)Any mandated reporter who delivers or provides medical services to a newborn infant and knows or has reasonable cause to believe that the newborn infant has been affected by prenatal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but no later than 24 hours after the person knows, notify an agency that provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant for appropriate counseling, training, or other services.

Agency Receiving the Reports

Citation: Rev. Stat. § 432B.220A mandated reporter shall make his or her report of abuse or neglect of the child to an agency that provides child welfare services or to a law enforcement agency.

If a mandated reporter knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of a person directly responsible or serving as a volunteer for or an employee of a public or private home, institution, or facility where the child is receiving child care outside of his or her home for a portion of the day, the person shall make the report to a law enforcement agency.

If a mandated reporter knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of an agency that provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

Initial Screening Decisions

Citation: Admin. Code § 432B.140When an agency that provides protective services receives a referral that a child is alleged to be abused, neglected, or threatened with harm, its first step must be to obtain sufficient information to decide if the allegations constitute a report of the abuse or neglect of a child that is appropriate for investigation. The worker shall explore the nature of the reporter’s concern, evaluate the report, and explain the agency’s responsibility and services and the available resources that could be used.

Agency Conducting the Assessment/Investigation

Citation: Rev. Stat. § 432B.260Upon the receipt of a report concerning the possible abuse or neglect of a child, a child welfare agency or a law enforcement agency shall promptly notify the appropriate licensing authority, if any. A law enforcement agency shall promptly notify a child welfare agency of any report it receives.

An agency that provides child welfare services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.

Assessment/Investigation Procedures

Citation: Rev. Stat. §§ 432B.260; 432B.300If the child welfare agency investigates a report of alleged child abuse or neglect, the agency shall inform the person responsible for the child’s welfare who is named in the report as allegedly causing the abuse or neglect of any allegation at the initial time of contact with the person. The agency shall not identify the person responsible for making the report.

If the agency determines that an investigation is not warranted, the agency may, as appropriate:

• Provide counseling, training, or other services relating to child abuse and neglect to the family of the child
• Conduct an assessment of the family to determine what services, if any, are needed

The agency that determines that an investigation is not warranted may, at any time, reverse that determination and initiate an investigation.

Except for reports that are assigned for assessment, the agency shall investigate each report of abuse or neglect received or referred to it to determine:

• The composition of the family, including any siblings or other children and any other adult living or working in the same household or facility
• Whether there is reasonable cause to believe any child is abused or neglected or threatened with abuse or neglect; the nature and extent of existing or previous injuries, abuse, or neglect; and the person apparently responsible
• Whether there is reasonable cause to believe that a child has suffered a fatality as a result of abuse or neglect
• If there is reasonable cause to believe that a child is abused or neglected and the immediate and long-term risk to the child if the child remains in the same environment
• The treatment and services that would help prevent further abuse or neglect and to improve the environment of the child and the ability of the person responsible for the child’s welfare to care adequately for the child

Timeframes for Completing Investigations

Citation: Rev. Stat. § 432B.260Upon receipt of a report concerning the possible abuse or neglect of a child, a child welfare agency or a law enforcement agency shall immediately initiate an investigation if the report indicates that:

• The child is age 5 or younger.
• There is a high risk of serious harm to the child.
• The child has suffered a fatality.
• The child is living in a household in which another child has died or the child is seriously injured or has visible signs of physical abuse.

In other cases, a child welfare agency shall conduct an evaluation no later than 3 days after the report or notification was received to determine whether an investigation is warranted. For the purposes of this subsection, an investigation is not warranted if:

• The child is not in imminent danger of harm.
• The child is not vulnerable as the result of any untreated injury, illness, or other physical, mental, or emotional condition that threatens his or her immediate health or safety.
• The alleged abuse or neglect could be eliminated if the child and his or her family receive or participate in social or health services offered in the community, or both.
• The agency determines that the alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian.

If the agency determines that an investigation is warranted, the agency shall initiate the investigation no later than 3 days after the evaluation is completed.

Classification of Reports

Citation: Admin. Code § 432B.170After the investigation of a report of the abuse or neglect of a child, an agency that provides child welfare services shall determine its case findings based on whether there is reasonable cause to believe a child is abused or neglected or threatened with abuse or neglect and whether there is credible evidence of alleged abuse or neglect of the child. The agency shall make one of the following findings:

• The allegation of abuse or neglect is substantiated.
• The allegation of abuse or neglect is unsubstantiated.

As used in this section:

• ‘Substantiated’ means that a report was investigated and that credible evidence of the abuse or neglect exists.
• ‘Unsubstantiated’ means that a report was investigated and that no credible evidence of the abuse or neglect exists.

Current Through April 2015

Citation: Rev. Stat. § 432B.220(3)Any person who is a mandated reporter who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency that provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency that provides child welfare services for appropriate counseling, training, or other services. A notification and referral to an agency that provides child welfare services shall not be construed to require prosecution for any illegal action.

Current Through August 2014

Making The Appointment

Citation: Rev. Stat. §§ 432B.500; 432B.420After a petition is filed that a child is in need of protection pursuant to § 432B.490, the court shall appoint a guardian ad litem (GAL) for the child.

The child may be represented by an attorney at all stages of any proceedings held pursuant to §§ 432B.410 to 432B.590, inclusive. If the child is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.

If the court determines that the parent of an Indian child for whom protective custody is sought is indigent, the court:

• Shall appoint an attorney to represent the parent
• May appoint an attorney to represent the Indian child
• May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney, as provided in the Indian Child Welfare Act

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Rev. Stat. § 432B.505To qualify for appointment as a GAL in a judicial district that does not include a county whose population is less than 100,000, a special advocate must be qualified pursuant to the standards for training of the National Court Appointed Special Advocate Association or its successor. If such an association ceases to exist, the court shall determine the standards for training.

Qualifications/Training

Citation: Rev. Stat. §§ 432B.500; 432B.505The person appointed as a GAL:

• Must meet the requirements of § 432B.505 or, if such a person is not available, a representative of an agency that provides child welfare services, a juvenile probation officer, an officer of the court, or another volunteer
• Must not be a parent or other person responsible for the child’s welfare

To qualify for appointment as a GAL in a judicial district that includes a county whose population is less than 100,000, a special advocate must be a volunteer from the community who completes an initial 12 hours of specialized training and, annually thereafter, completes 6 hours of specialized training. The training must be approved by the court and include information regarding:

• The dynamics of abuse and neglect of children
• Factors to consider in determining the best interests of a child, including planning for the permanent placement of the child
• The interrelationships of the family system, legal process, and child welfare system
• Skills in mediation and negotiation
• Federal, State, and local laws affecting children
• Cultural, ethnic, and gender-specific issues
• Domestic violence
• Resources and services available in the community for children in need of protection
• Child development
• Standards for GALs
• Confidentiality issues
• Other topics the court deems appropriate

Specific Duties

Citation: Rev. Stat. § 432B.500A GAL appointed pursuant to this section shall:

• Represent and protect the best interests of the child until excused by the court
• Thoroughly research and ascertain the relevant facts of each case for which he or she is appointed, and ensure that the court receives an independent, objective account of those facts
• Meet with the child wherever the child is placed as often as necessary to determine that the child is safe and to ascertain the best interests of the child
• Explain to the child the role of the GAL and, when appropriate, the nature and purpose of each proceeding in his or her case
• Participate in the development and negotiation of any plans for and orders regarding the child, and monitor the implementation of those plans and orders to determine whether services are being provided in an appropriate and timely manner
• Appear at all proceedings regarding the child
• Inform the court of the desires of the child, but exercise his or her independent judgment regarding the best interests of the child
• Present recommendations to the court and provide reasons in support of those recommendations
• Request the court to enter orders that are clear and specific, and, when appropriate, include periods for compliance
• Review the progress of each case for which he or she is appointed, and advocate for the expedient completion of the case
• Perform other duties the court orders

How the Representative Is Compensated

Citation: Rev. Stat. § 432B.500; 432B.420No compensation may be allowed a person serving as a GAL.

Each attorney, other than a public defender, who is appointed to represent a child, is entitled to the same compensation and payment for expenses from the county as provided in §§ 7.125 and 7.135 for an attorney appointed to represent a person charged with a crime. Except as otherwise provided in § 432B.500, an attorney appointed to represent a child may also be appointed as the GAL for the child. He or she may not receive any compensation for his or her services as a GAL.

Current Through April 2014

When Case Plans Are Required

Citation: Rev. Stat. § 432B.540; Admin. Code § 432B.400If the agency that provides child welfare services believes that it is necessary to remove the child from the physical custody of his or her parents, it must submit [to the court] a plan designed to achieve a placement of the child in a safe setting as near to the residence of his or her parent as is consistent with the best interests and special needs of the child.

In regulation: The agency that provides child welfare services shall develop a written case plan for a child within 45 days after the date on which the child is removed from his or her home.

Who May Participate in the Case Planning Process

Citation: Admin. Code § 432B.400The case plan must:

• If possible, be developed jointly with a parent or guardian of the child who is receiving foster care
• Be developed with input from the child if the agency that provides child welfare services determines it is appropriate, based on the age and stage of development of the child
• Be developed with input from the foster parent caring for the child

Contents of a Case Plan

Rev. Stat. § 432B.540; Admin. Code § 432B.400The plan must include, without limitation:

• A description of the type, safety, and appropriateness of the home or institution in which the child could be placed; a plan for ensuring that the child would receive safe and proper care; and a description of his or her needs
• A description of the services to be provided to the child and to a parent to facilitate the return of the child to the custody of his or her parent or to ensure his or her permanent placement
• The appropriateness of the services to be provided under the plan
• A description of how the order of the court will be carried out

In regulation: The case plan must include:

• The long-term goals of the plan, including reunification of the child and his or her family, or permanent placement of the child with a relative, for adoption, into a legal guardianship, or into another permanent independent living arrangement
• A projected time by which these goals should be achieved
• A description of the current strengths of the family and the needs that must be satisfied to achieve these goals
• A description of the services offered or provided to prevent removal of the child from his or her home and to reunify the family of the child
• A description of the type of home or institution in which the child is placed
• A description of the safety and appropriateness of the placement to ensure that the child receives proper care
• A description of how the agency will ensure that services are provided to the child and the foster parents that address the needs of the child while in foster care, including the appropriateness of services that have been provided pursuant to the case plan
• A description, as applicable, of the programs and services that will assist a child in foster care who is age 16 or older prepare for the transition from foster care to independent living
• If the goal of the case plan is adoption or placement in another permanent home, a description of the steps that will be taken to finalize the adoption or placement
• A description of the manner in which a placement will be made and the reasons that such a placement will be in the best interests of the child, with particular consideration given to a placement that is safe and in the least restrictive familial environment available
• If the goal of the case plan is reunification of the family, a description of how particular consideration will be given to a placement for the child that is in close proximity to the home of the parent of the child
• If the child will be placed in a family foster home or institution for child care that is located a substantial distance from or in a different State than where the family of the child resides, the reasons that such a placement will be in the best interests of the child
• If a child is placed in a family foster home or institution for child care that is located in a different State than where the parents of the child reside, a description of the frequency with which a caseworker from an agency that provides child welfare services and that is located in the State where the child is placed or the State where the parents reside will visit the foster home or institution and submit a report to the agency that provides child welfare services in the State where the parents reside
• A description of the efforts that will be made to place siblings together
• A plan for family visitation, including, without limitation, visiting siblings if the siblings are not residing together
• A statement indicating that the proximity of the school in which the child was enrolled at the time that he or she was placed in foster care was considered as a factor in the selection of the placement for foster care
• The health and education records of the child to the extent those records are available, including:
  • The names and addresses of the providers of health care and education of the child
  • The grade level at which the child performs
  • Documentation of the child’s immunizations, any known medical or psychological problems, and any prescribed medications
  • Any other health or educational information concerning the child as the agency that provides child welfare services determines is necessary

Current Through January 2016

Schedule of Hearings

Citation: Rev. Stat. §§ 432B.580; 432B.590Placement of the child in foster care must be reviewed at least semiannually.

A permanency hearing must be held:

• No later than 12 months after initial removal of the child from the home and at least annually thereafter
• Within 30 days of a finding that reasonable efforts to reunify are not required

Persons Entitled to Attend Hearings

Citation: Rev. Stat. §§ 432B.580; 432B.590Notice of a hearing shall be provided to:

• All the parties to any of the prior proceedings
• Any person planning to adopt the child
• A sibling of the child, if known, who has been granted a right of visitation with the child
• Any other relatives of the child or providers of foster care who are currently providing care to the child
• The child, if his or her presence is requested by the court

The provision of notice and a right to be heard to this section does not make any person planning to adopt the child, any sibling of the child, any other relative, any adoptive parent of a sibling of the child, or a provider of foster care a party to the hearing.

Determinations Made at Hearings

Citation: Rev. Stat. §§ 432B.580; 432B.590The review hearing shall address:

• The continuing necessity for and appropriateness of the placement
• The extent of compliance with the case plan
• Any progress being made toward alleviating the problem that resulted in the placement of the child
• The date the child may be returned home or placed for adoption or a legal guardianship

At the permanency hearing, the court shall review any plan for the permanent placement of the child and, if the goal of the plan is a permanent living arrangement other than reunification with his or her parents, placement for adoption, placement with a legal guardian, or placement with a relative, ask the child about his or her desired permanent living arrangement. After doing so, the court must determine:

• Whether the agency with legal custody of the child has made the reasonable efforts required by § 432B.553(1)
• Whether, and if applicable when:
  • The child should be returned to the parents of the child or placed with other relatives.
  • It is in the best interests of the child to initiate proceedings to establish another permanent placement.
• Whether the agency with legal custody of the child has produced documentation of its conclusion that there is a compelling reason for the placement of a child who has reached age 16 in another permanent living arrangement
• If the child will not be returned to his or her parents, whether the agency with legal custody of the child fully considered placement options both within and outside of this State
• If the child has reached age 14, whether the child will receive the services needed to assist the child in transitioning to Independent Living
• If the child has been placed outside of the State, whether that placement continues to be appropriate for and in the best interests of the child

Permanency Options

Citation: Rev. Stat. § 432B.590Permanency options include:

• Return to the parent
• Placement with other relatives
• Adoption
• Guardianship
• For a child who is age 16 or older, another permanent living arrangement when there is documentation of compelling reasons why a more permanent option is not in the child’s best interests

Current Through March 2016

Citation: Rev. Stat. § 128.005(2)(c)The legislature declares that the preservation and strengthening of family life is a part of the public policy of this State. The legislature finds that:

• Severance of the parent and child relationship is a matter of such importance in order to safeguard the rights of parent and child as to require judicial determination.
• Judicial selection of the person or agency to be entrusted with the custody and control of a child after such severance promotes the welfare of the parties and of this State.
• The continuing needs of a child for proper physical, mental, and emotional growth and development are the decisive considerations in proceedings for termination of parental rights.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Rev. Stat. §§ 128.105; 128.106; 432B.393The primary consideration in any proceeding to terminate parental rights must be whether the best interests of the child will be served by the termination. The grounds for termination of parental rights include:

• A finding that reasonable efforts to reunite the child with the parent are not required because the parent has:
  • Committed, aided, or abetted in the commission of, or attempted, conspired, or solicited to commit murder or voluntary manslaughter
  • Caused the abuse or neglect of a child that resulted in substantial bodily harm
  • Caused abuse or neglect that was so extreme or repetitious that any plan to return the child home would result in an unacceptable risk to the health or welfare of the child
  • Abandoned the child for 60 or more days
  • Failed to contact or communicate with the child
  • Had his or her parental rights to another child terminated by a court order upon any basis other than the execution of a voluntary relinquishment
  • Had a child who had been previously removed from the home, returned home, and subsequently removed as a result of additional abuse or neglect
  • Failed to established his paternity
  • Had the child delivered to a provider of emergency services pursuant to § 432B.630
• A finding that the parent has demonstrated at least one of the following:
  • Abandonment or neglect of the child
  • Unfitness as a parent
  • Failure of parental adjustment
  • Risk of serious physical, mental, or emotional injury to the child if he or she were returned to, or remains in, the home of the parent
  • Only token efforts by the parent to support or communicate with the child, to prevent neglect of the child, or to eliminate the risk of serious physical, mental, or emotional injury to the child

In determining neglect by or unfitness of a parent, the court shall consider, without limitation, the following conditions that may diminish suitability as a parent:

• Emotional illness, mental illness, or mental deficiency
• Conduct toward a child of a physically, emotionally, or sexually cruel or abusive nature
• Excessive use of intoxicating liquors, controlled substances, or dangerous drugs
• Repeated or continuous failure by the parent, although physically and financially able, to provide the child with adequate food, clothing, shelter, education, or other care
• Conviction of the parent for commission of a felony that indicates the unfitness
• Unexplained injury or death of a sibling of the child
• Inability of appropriate public or private agencies to reunite the family despite reasonable efforts on the part of the agencies

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Rev. Stat. § 128.107If a child is not in the physical custody of the parent or parents, the court, in determining whether parental rights should be terminated, shall consider, without limitation:

• The services provided or offered to the parents to facilitate a reunion with the child
• The physical, mental, or emotional condition, the needs of the child, and the child’s desires regarding the termination, if the court determines the child is of sufficient capacity to express his or her desires
• The effort the parents have made to adjust their circumstances, conduct, or conditions to make it in the child’s best interests to return the child to his or her home after a reasonable length of time, including, but not limited to:
  • The payment of a reasonable portion of substitute physical care and maintenance, if financially able
  • The maintenance of regular visitation or other contact with the child that was designed and carried out in a plan to reunite the child with the parents
  • The maintenance of regular contact and communication with the custodian of the child
• Whether additional services would be likely to bring about lasting parental adjustment enabling a return of the child to the parents within a predictable period

For purposes of this section, the court shall disregard incidental conduct, contributions, contacts, and communications.

Circumstances Allowing Reinstatement of Parental Rights

Citation: Rev. Stat. §§ 128.170; 128.190A child who has not been adopted and whose natural parents have had their parental rights terminated or have relinquished their parental rights, or the legal custodian or guardian of such a child, may petition a court for the restoration of the parental rights of the natural parents of the child. The natural parents for whom restoration of parental rights is sought to be restored must consent in writing to the petition.

If a valid petition is filed, the court shall hold a hearing to determine whether to restore the parental rights of the natural parent or parents. Before granting a petition for the restoration of parental rights, the court must find that:

• If any child who is the subject of the petition is age 14 or older, the child consents to the restoration of parental rights.
• The natural parents for whom restoration of parental rights is sought have been informed of the legal obligations, rights, and consequences of the restoration of parental rights and the natural parents are willing and able to accept such obligations, rights, and consequences.

If the court finds the necessary facts, the court shall order the restoration of parental rights if the court further finds by a preponderance of the evidence that:

• The child is not likely to be adopted.
• Restoration of parental rights of the natural parent or parents is in the best interests of the child.

If the court restores the parental rights of the natural parents of a child who is younger than age 14, the court shall specify in its order the factual basis for its findings that it is in the best interests of the child to restore the parental rights of the natural parents.

Current Through February 2013

Infant’s Age

Citation: Rev. Stat. § 432B.630

A child who is or appears to be no more than 30 days old may be surrendered.

Who May Relinquish the Infant

Citation: Rev. Stat. § 432B.630

A parent of the child may voluntarily deliver the child to an emergency services provider.

The parent shall leave the child:

• In the physical possession of a person who the parent has reasonable cause to believe is an employee of the provider
• On the property of the provider in a manner and location that the parent has reasonable cause to believe will not threaten the physical health or safety of the child and shall immediately contact the provider, through the local emergency telephone number or otherwise, and inform the provider of the delivery and location of the child

Who May Receive the Infant

Citation: Rev. Stat. § 432B.630

A provider of emergency services shall take immediate possession of a surrendered child. The term ‘provider of emergency services’ includes:

• A hospital, an obstetric center, or an independent center for emergency medical care
• A public firefighting agency
• A law enforcement agency

Responsibilities of the Safe Haven Provider

Citation: Rev. Stat. § 432B.630

A provider of emergency services who takes possession of a child shall perform any act necessary to maintain and protect the physical health and safety of the child. If the provider is a public firefighting agency or a law enforcement agency, the provider shall immediately arrange the safe delivery of the child to a hospital, an obstetric center, or an independent center for emergency medical care.

As soon as reasonably practicable but no later than 24 hours after the provider takes possession of the child, the provider shall report that possession to an agency that provides child welfare services and, if the provider is not a law enforcement agency, to a law enforcement agency. The law enforcement agency shall notify the clearinghouse of missing and exploited children and investigate further, if necessary, using any other resources to determine whether the child has been reported as a missing child. Upon conclusion of the investigation, the law enforcement agency shall inform the agency that provides child welfare services of its determination. The agency that provides child welfare services shall maintain that information for statistical and research purposes.

A parent who delivers a child to a provider of emergency services shall be deemed to have given consent to the performance of all necessary emergency services and care for the child.

Immunity for the Provider

Citation: Rev. Stat. § 432B.630

A provider of emergency services is not liable for any civil damages as a result of any harm or injury sustained by a child after the child is left on the property of the provider and before the provider is informed of the delivery and location of the child or the provider takes physical possession of the child, whichever occurs first.

Protection for Relinquishing Parent

Citation: Rev. Stat. §§ 432B.630; 200.508; 201.110

A parent who surrenders a child:

• Must not be required to provide any background or medical information regarding the child but may do so voluntarily
• Unless there is reasonable cause to believe that the child has been abused or neglected, excluding the mere fact that the parent has surrendered the child:
  • Must not be required to disclose any identifying information but may do so voluntarily
  • Must be allowed to leave at any time
  • Must not be pursued or followed

A person does not commit abuse, neglect, or endangerment of a child by virtue of the sole fact that he or she delivers or allows the delivery of a child to a provider of emergency services.

A person does not commit contributory neglect of a child by virtue of the sole fact that he or she delivers or induces the delivery of a child to a provider of emergency services.

Effect on Parental Rights

Citation: Rev. Stat. § 432B.630

A provider of emergency services who takes possession of a child shall, whenever possible, inform the parent of the child that:

• By allowing the provider to take possession of the child, the parent is presumed to have abandoned the child.
• By failing or refusing to provide an address where the parent can be located, the parent waives any notice of the [protective custody] hearing to be conducted pursuant to § 432B.470.
• Unless the parent contacts the local agency that provides child welfare services, action will be taken to terminate his or her parental rights regarding the child.

Current Through December 2014

Definitions

Citation: Rev. Stat. § 422A.650As used in this section, unless the context otherwise requires, ‘qualifying relative’ means a person specified in title 45, § 233.90(c)(1)(v)(A) of the Code of Federal Regulation.

Purpose of Guardianship

This issue is not addressed in the statutes and regulations reviewed.

A Guardian’s Rights and Responsibilities

Citation: Rev. Stat. § 159.079Except as otherwise ordered by the court, a guardian of the child has the care, custody, and control of the child, and has the authority and shall perform the duties necessary for the proper care, maintenance, education, and support of the child, including, without limitation, the following:

• Supplying the child with food, clothing, shelter, and all incidental necessaries, including providing an appropriate residence for the child
• Authorizing medical, surgical, dental, psychiatric, psychological, hygienic, or other remedial care and treatment for the child
• Seeing that the child is properly trained and educated and that the child has the opportunity to learn a trade, occupation, or profession

Qualifying the Guardian

Citation: Rev. Stat. §§ 159.059; 432B.625Any qualified person that the court finds suitable may serve as a guardian. A person is not qualified to serve as a guardian who:

• Is an incompetent or a minor
• Has been convicted of a felony, unless the court determines that such conviction should not disqualify the person from serving as the guardian of the ward
• Has been suspended for misconduct or disbarred from the practice of law, accounting, or any other profession that involves the management or sale of money, investments, securities, or real property
• Has been judicially determined, by clear and convincing evidence, to have committed abuse, neglect, or exploitation of a child, spouse, parent, or other adult, unless the court finds that it is in the best interests of the ward to appoint the person as guardian

Before entering into an agreement for guardianship assistance, an agency that provides child welfare services shall obtain from appropriate law enforcement agencies information on the background and personal history of each relative of a child who seeks assistance, and each resident of the home of such relative who is age 18 or older, to determine whether the person investigated has been arrested for or convicted of any crime.

The relative and each resident of the relative’s home must a complete set of fingerprints and provide written permission authorizing checks of State and Federal criminal records and a child abuse and neglect records screening.

Procedures for Establishing Guardianship

Citation: Rev. Stat. §§ 432B.466; 432B.4665If the permanency plan for a child includes a request for the appointment of a guardian for the child, a governmental agency, a nonprofit corporation, or any interested person, including, without limitation, the agency that adopted the plan, may petition the court for the appointment of a guardian. A petition for the appointment of a guardian pursuant to this section:

• May not be filed before the court has determined that the child is in need of protection
• Must include the information required for a guardianship petition pursuant to § 159.044
• Must include a statement explaining why the appointment of a guardian, rather than the adoption of the child or the return of the child to a parent, is in the best interests of the child

The court may, upon the filing of a petition, appoint a person as a guardian for a child if:

• The court finds:
  • That the proposed guardian is suitable and is not disqualified from guardianship pursuant to § 159.059
  • That the child has been in the custody of the proposed guardian for 6 months or more pursuant to a determination by a court that the child was in need of protection, unless the court waives this requirement for good cause shown
• If the child is age 14 or older, the child consents to the guardianship.
• The court determines that the requirements for filing a petition have been satisfied.

Contents of a Guardianship Order

Citation: Rev. Stat. §§ 432B.4665; 432B.467(2)A guardianship established pursuant to this section:

• Provides the guardian with sole legal and physical custody of the child
• Does not result in the termination of parental rights of a parent of the child
• Does not affect any rights of the child to inheritance, a succession, or any services or benefits provided by the Federal Government, this State, or an agency or political subdivision of this State.

If a court appoints a guardian for a child pursuant to § 432B.4665, the court may order a reasonable right of visitation to any person whose right to custody or visitation of the child was terminated as a result of the appointment of the guardian if the court finds that the visitation is in the best interests of the child.

Modification/Revocation of Guardianship

Citation: Rev. Stat. § 432B.468The court shall retain jurisdiction to enforce, modify, or terminate a guardianship until the child reaches age 18.

Any person having a direct interest in a guardianship established pursuant to § 432B.4665 may petition the court to enforce, modify, or terminate an order concerning the guardianship. The court shall issue an order directing the appropriate agency that provides child welfare services to file a report and to make a recommendation in response to any motion to enforce, modify, or terminate an order concerning a guardianship established pursuant to § 432B.4665. The agency must submit the report to the court within 45 days after receiving the order of the court. Any motion to enforce, modify, or terminate an order concerning a guardianship established pursuant to § 432B.4665 must comply with the provisions set forth in chapter 159 for motions to enforce, modify, or terminate orders concerning guardianships.

A successor guardian may be appointed in accordance with the procedures set forth in chapter 159.

Eligibility for Guardianship Subsidy

Citation: Rev. Stat. §§ 422A.650; 432B.622; 432B.623The department shall establish a program to provide supportive assistance to qualifying relatives of children who provide care for and obtain the legal guardianship of those children. As a condition to the provision of assistance pursuant to this section, the child must:

• Have been placed in the care of a qualifying relative for not less than 6 months
• Consent to the guardianship if the child is age 14 or older

The qualifying relative must:

• Reside in the State
• Have attained the minimum age required by regulation
• Verify his or her relationship to the child
• File for and obtain court approval of the legal guardianship

The department shall establish and administer the Kinship Guardianship Assistance Program to provide assistance to a relative of a child. As a condition to the provision of assistance, a child must:

• Have been removed from his or her home pursuant to a written voluntary agreement or by court order
• For not less than 6 consecutive months, have been eligible to receive title IV-E maintenance while residing with the relative of the child
• Not have returning home or adoption as options for permanent placement
• Demonstrate a strong attachment to the relative
• If the child is age 14 or older, be consulted regarding the guardianship arrangement

A relative of the child must:

• Demonstrate a strong commitment to caring for the child permanently
• Be a foster care provider
• Enter into a written agreement for assistance with the child welfare agency before the relative is appointed as the legal guardian of the child
• Be appointed as the legal guardian of the child

If the sibling of an eligible child is not eligible for such assistance, the sibling may be placed with the eligible child upon approval of the child welfare agency and the relative. In such a case, payments may be made for the sibling as if the sibling is eligible for the program.

Links to Agency Policies

Nevada Division of Child and Family Services, Statewide Policy Manual, Policy # 1003, Kinship Care (PDF – 63 KB)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ann. Stat. §§ 128.110; 432B.550If the child is placed in the custody and control of a person or agency qualified by the laws of this State to receive children for placement, the person or agency, in seeking to place the child may give preference to the placement of the child with any person related within the fifth degree of consanguinity to the child whom the person or agency finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State. Any search for a relative with whom to place a child pursuant to this subsection must be completed within 1 year after the initial placement of the child outside of his or her home.

In determining the placement of a child, if the child is not permitted to remain in the custody of the parents or guardian of the child, preference must be given to placing the child in the following order:

• With any person who is related within the fifth degree of consanguinity to the child or a fictive kin, and who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State
• In a licensed foster home

As used in this section, the term ‘fictive kin’ means a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child.

Requirements for Placement with Relatives

Citation: Ann. Stat. §§ 128.110; 422A.650The agency must determine whether the relative is suitable and able to provide proper care and guidance for the child.

The department shall establish and administer a program to provide supportive assistance to qualifying relatives of children who provide care for and obtain the legal guardianship of those children. As a condition to the provision of any supportive assistance pursuant to this section:

• The child must:
  • Have been placed in the care of his or her qualifying relative for not less than 6 months
  • If he or she is age 14 or older, consent to the legal guardianship
• The qualifying relative must:
  • Reside in this State
  • Have attained the minimum age specified in department regulation
  • Verify his or her relationship to the child
  • File for and obtain court approval of the legal guardianship and comply with any requirements imposed by the court

The supportive assistance must include, within the limitations of available funding:

• Reimbursement of all or a portion of the legal fees incurred by the qualifying relative to establish the legal guardianship
• Payments of not more than the amount that the department would provide to a foster parent if the child had been placed in foster care
• Assistance with child care, respite care, and transportation
• Any other assistance the department deems appropriate

Requirements for Placement of Siblings

Citation: Ann. Stat. §§ 127.2825; 128.110; 432B.390; 432B.550A child-placing agency shall, to the extent practicable, give preference to the placement of a child for adoption or permanent guardianship together with his or her siblings.

If the child is placed in the custody and control of a person or agency qualified by the laws of this State to receive children for placement, the person or agency, in seeking to place the child shall give preference to the placement of the child together with his or her siblings, if practicable.

Whenever possible, a child placed in protective custody must be placed together with any siblings of the child.

In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of the parents of the child or guardian, it must be presumed to be in the best interests of the child to be placed together with the siblings of the child.

Relatives Who May Adopt

Citation: Ann. Stat. § 127.120A relative is a person related to the child through blood, marriage, or adoption within the third degree of relation.

Requirements for Adoption by Relatives

Citation: Ann. Stat. § 127.120If one petitioner or the spouse of a petitioner is related to the child within the third degree of relation, the court may, at its discretion, waive the preplacement investigation by the agency that provides child welfare services.

Current Through March 2016

What Are Reasonable Efforts

Citation: Rev. Stat. § 432B.393For the purposes of this section, ‘reasonable efforts’ have been made if an agency that provides child welfare services that has legal custody of a child has exercised diligence and care in arranging appropriate, accessible, and available services that are designed to improve the ability of a family to provide a safe and stable home for each child in the family, with the health and safety of the child as its paramount concerns. An agency may satisfy the requirement of making reasonable efforts pursuant to this section by taking no action concerning a child or making no effort to provide services to a child if it is reasonable, under the circumstances, to do so.

When Reasonable Efforts Are Required

Citation: Rev. Stat. § 432B.393Reasonable efforts must be made:

• Before placement of the child in foster care to prevent or eliminate the need for removal from the home
• To make it possible to return home safely
• If continuation of reasonable efforts is determined to be inconsistent with the permanency plan, to place the child in a timely manner, and to finalize a permanent placement

When Reasonable Efforts Are NOT Required

Citation: Rev. Stat. § 432B.393Reasonable efforts are not required if the court finds that:

• A parent or other person responsible for the child’s welfare has:
  • Committed, aided, or abetted in the commission of, or attempted, conspired, or solicited to commit murder or voluntary manslaughter
  • Caused the abuse or neglect of the child, which resulted in substantial bodily harm to the child
  • Caused the abuse or neglect of the child, and the abuse or neglect was so extreme or repetitious that returning the child to the home would result in an unacceptable risk to the child’s health or welfare
  • Abandoned the child for 60 or more days, and the identity of the parent is unknown
• A parent of the child has, for the previous 6 months, had the ability to contact or communicate with the child and made no more than token efforts to do so.
• The parental rights of a parent to another child have been terminated involuntarily by a court order, and the court order is not currently being appealed.
• The child or a sibling of the child was previously removed from the home due to abuse or neglect, returned to the home, and subsequently removed from the home as a result of additional abuse or neglect.
• The child is less than age 1, the father of the child is not married to the child’s mother, and the father:
  • Has failed within 60 days after learning of the birth of the child, to visit the child, to commence proceedings to establish his paternity of the child, or to provide financial support for the child
  • Is entitled to seek custody of the child, but fails to do so within 60 days after learning that the child was placed in foster care
• The child was delivered to a provider of emergency services.
• The child or another child in the household has been sexually abused or has been subjected to neglect by pervasive instances of failure to protect the child from sexual abuse.
• A parent of the child is required to register as a sex offender.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation: Rev. Stat. § 159.205A parent may appoint a short-term guardian for the child.

How to Establish a Standby Guardian

Citation: Rev. Stat. § 159.205Except as otherwise provided in this section or § 127.045, a parent, without the approval of a court, may appoint in writing a short-term guardianship for an unmarried minor child if the parent has legal custody of the minor child.

The appointment of a short-term guardianship is effective for a minor who is age 14 or older only if the minor provides written consent to the guardianship.

How Standby Authority is Activated

Citation: Rev. Stat. § 159.205The written instrument appointing a short-term guardian becomes effective immediately upon execution and must include, without limitation:

• The date on which the guardian is appointed
• The names of the parent who appointed the guardian, the minor child for whom the guardian is appointed, and the person who is appointed as the guardian
• The signature of the parent and the guardian in the presence of a notary public acknowledging the appointment of the guardian

The short-term guardian serves as guardian for 6 months, unless the written instrument appointing the guardian specifies a shorter term or specifies that the guardianship is to terminate upon the happening of an event that occurs sooner than 6 months.

Only one written instrument appointing a short-term guardian may be effective at any given time.

Involvement of the Noncustodial Parent

Citation: Rev. Stat. § 159.205
The appointment of a short-term guardian does not affect the rights of the other parent of the minor.

A parent shall not appoint a short-term guardian for a minor child if the minor child has another parent:

• Whose parental rights have not been terminated
• Whose whereabouts are known
• Who is willing and able to make and carry out daily child care decisions concerning the minor
• Who has not given written consent to the appointment

Authority Relationship of the Parent and the Standby

Citation:This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation: Rev. Stat. § 159.205The appointment of a short-term guardian:

• May be terminated by an instrument in writing signed by either parent, if that parent has not been deprived of the legal custody of the minor
• Can be terminated by any order of a court of competent jurisdiction