[Rev. 2/10/2015 4:20:38
PM--2014R2]
CHAPTER 127 - ADOPTION OF CHILDREN AND
ADULTS
GENERAL PROVISIONS
NRS 127.003 Definitions.
NRS 127.005 Applicability.
NRS 127.007 State
Register for Adoptions: Establishment; contents; release of information.
NRS 127.008 State
Register of Children with Special Needs.
NRS 127.009 Booklet
on adoption: Preparation; contents; annual revision; distribution; acceptance
of gifts and grants to assist production and distribution.
ADOPTION OF CHILDREN
NRS 127.010 Jurisdiction
of district courts.
NRS 127.013 Transfer
of proceedings to Indian tribe.
NRS 127.017 Extent
to which court must give full faith and credit to judicial proceedings of
Indian tribe.
NRS 127.020 Adoption
of minor children; ages and consent.
NRS 127.030 Who
may petition.
NRS 127.040 Written
consent to adoption or for relinquishment to authorized agency: Acknowledgment;
when consent required.
NRS 127.043 Consent
to adoption required before placement in adoptive home; exception.
NRS 127.045 Release
for or consent to adoption and investigation required before appointment of
guardian for child to be adopted; exception.
NRS 127.050 Agencies
which may accept relinquishments and consent to adoption; reimbursement for
certain costs.
NRS 127.051 Agency
responsible for care of child and entitled to custody; termination of
placement.
NRS 127.052 Agency
to determine whether child is Indian child; notification of child’s tribe.
NRS 127.053 Consent
to adoption: Requisites.
NRS 127.055 Consent
to adoption: Attesting witnesses may make self-proving affidavits to be
attached to consent.
NRS 127.057 Consent
to adoption: Copy to be furnished to agency which provides child welfare
services within 48 hours; recommendations; confidentiality of information;
unlawful acts.
NRS 127.058 Consent
to adoption: Person to whom consent is given has legal custody of child until
hearing on petition for adoption.
NRS 127.060 Residence
of petitioners: Adoption of two or more children; exception.
NRS 127.070 Validity
of releases for and consents to adoption.
NRS 127.080 Consent
to specific adoption or relinquishment for adoption cannot be revoked or
nullified; exceptions.
NRS 127.090 When
consent unnecessary.
NRS 127.100 Entitlement
of petitions, reports and orders.
NRS 127.110 When
petition may be filed; contents of petition; limitation on entry of adoption
order.
NRS 127.120 Petition
to be filed in duplicate; investigation, report and recommendation; court may
order independent investigation; costs.
NRS 127.123 Notice
of filing of petition to be provided legal custodian or guardian of child.
NRS 127.127 Affidavit
setting forth fees, donations and expenses required to be filed; waiver.
NRS 127.130 Confidentiality
of reports; petitioner may rebut adverse report.
NRS 127.140 Confidentiality
of hearings, files and records.
NRS 127.145 Attendance
of prospective adoptive parents at hearing by telephone.
NRS 127.150 Order
of adoption or return of child; presumption of child’s best interest after
adoption is granted.
NRS 127.152 Adopting
parents to be provided with report which includes medical records and other
information concerning child; regulations.
NRS 127.155 Validation
of certain orders and decrees.
NRS 127.157 Report
of adoption, amendment or annulment of adoption to State Registrar.
NRS 127.160 Rights
and duties of adopted child and adoptive parents.
NRS 127.165 When
action to set aside adoption may be brought; presumption of child’s best
interest after adoption is granted.
NRS 127.171 Right
to visitation of child by sibling and other relatives; limitations.
NRS 127.180 Appeals
from orders, judgments or decrees.
NRS 127.186 Adoption
of child with special needs; financial assistance to adoptive parents under
certain circumstances; waiver of court costs of adoptive parents; regulations.
AGREEMENTS FOR POSTADOPTIVE CONTACT
NRS 127.187 Requirements;
court to retain jurisdiction; no effect on rights of adoptive parent as legal
parent.
NRS 127.1875 Notice
of agreement to court.
NRS 127.188 Inquiry
by court before entering order or decree of adoption; incorporation of
agreement into such order or decree.
NRS 127.1885 Petitions
to court by natural parents and adoptive parents.
NRS 127.189 Failure
to comply; action to enforce terms.
NRS 127.1895 Modification
or termination: Conditions; presumptions and considerations; scope.
ADOPTION OF ADULTS
NRS 127.190 Adoption
of adults: Ages; agreement of adoption.
NRS 127.200 Adoption
of adults: Consent required.
NRS 127.210 Petition
for approval of agreement of adoption; notice, investigation and hearing;
decree of adoption.
PLACEMENT OF CHILDREN FOR ADOPTION AND PERMANENT FREE CARE
NRS 127.220 Definitions.
NRS 127.230 Standards
for and regulation of child-placing agencies; regulation of agencies which
provide child welfare services; regulation of adoption or placement of
children.
NRS 127.240 License:
Requirement; exceptions.
NRS 127.250 License:
Application; issuance; renewal.
NRS 127.270 License:
Refusal to issue or renew; notice and hearing; appeals.
NRS 127.275 Fees
for services provided by agency which provides child welfare services.
NRS 127.280 Requirements
for placement of child in home of prospective parents for trial period;
verification of intent of natural parents.
NRS 127.2805 Investigation
of prospective adoptive parents.
NRS 127.281 Search
for criminal record of prospective adoptive parent.
NRS 127.2815 Placement
of child during investigation; notice and placement of child upon completion of
investigation.
NRS 127.2817 Criteria
for determination of suitability of prospective adoptive home; opportunity for
prospective adoptive parents to review and respond to unfavorable
investigation.
NRS 127.282 Petition
for order to restrain and enjoin violation or threatened violation of chapter;
investigation of unreported adoption or permanent free care of unrelated child.
NRS 127.2825 Child-placing
agency required to give preference to placement of child with siblings of
child.
NRS 127.2827 Orders
for visitation with sibling of child in custody of agency which provides child
welfare services: Previous orders of such visitation to be provided to court
during adoption proceedings; hearing required; participation of interested
parties; best interest of child sole consideration.
NRS 127.283 Publication
or broadcast of information concerning child.
NRS 127.285 Limitation
on participation of attorneys in adoption proceedings; reporting of violation
to bar association; criminal penalty.
NRS 127.287 Payment
to or acceptance by natural parent of compensation in return for placement for
or consent to adoption of child.
NRS 127.288 Penalty
for unlawful payment to or acceptance by natural parent of compensation.
NRS 127.290 Acceptance
of fees or compensation for placing or arranging placement of child.
NRS 127.300 Penalty
for receipt of compensation by unlicensed person for placing or arranging
placement of child.
NRS 127.310 Unlawful
placement or advertising; penalty.
INTERSTATE COMPACT ON PLACEMENT OF CHILDREN
NRS 127.320 Enactment.
NRS 127.330 Text
of compact.
NRS 127.340 Administrator
of compact: Service at pleasure of Governor; cooperation with all departments,
agencies and officers.
NRS 127.350 Supplementary
agreements.
INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE
NRS 127.400 Enactment.
NRS 127.410 Text
of compact.
NRS 127.420 Administrator
of compact: Service at pleasure of Governor; cooperation with all departments,
agencies and officers.
_________
GENERAL PROVISIONS
NRS 127.003 Definitions. As
used in this chapter, unless the context otherwise requires:
1. “Agency which provides child welfare
services” has the meaning ascribed to it in NRS 432B.030.
2. “Division” means the Division of Child
and Family Services of the Department of Health and Human Services.
3. “Indian child” has the meaning ascribed
to it in 25 U.S.C. § 1903.
4. “Indian Child Welfare Act” means the
Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq.
(Added to NRS by 1993, 2678; A 1995, 780; 2001
Special Session, 3)
NRS 127.005 Applicability. The
provisions of NRS 127.010 to 127.1895, inclusive, govern the adoption of minor
children, and the provisions of NRS 127.190, 127.200 and 127.210 and
the provisions of NRS 127.010 to 127.1895, inclusive, where not inconsistent with the
provisions of NRS 127.190, 127.200
and 127.210, govern the adoption of adults.
(Added to NRS by 1959, 606; A 1987, 2049; 1995, 781; 2005, 1682; 2009, 1354;
2011, 144)
NRS 127.007 State Register for Adoptions: Establishment; contents; release
of information.
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
(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.
Ê 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, 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,
Ê if the names
and information about both persons are contained in the Register and written
consent for the release of such information is given by the natural parent.
4. 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.
(Added to NRS by 1979, 1282; A 1991, 947; 1993, 37, 2679, 2729)
NRS 127.008 State Register of Children with Special Needs.
1. The Division shall establish a Register
of Children with Special Needs. The Register must include descriptive
information on every child with special needs for whom a prospective adoptive
parent is not identified within 3 months after the child becomes available for
adoption, but must not include any personal information which reveals the
identity of the child or the child’s parents. A copy of the Register must be
made available for review by prospective adoptive parents at each office of the
Division.
2. As used in this section, “child with
special needs” means a child for whom placement with an adoptive parent is, in
the opinion of the Administrator of the Division or his or her designee, made
more difficult because of the child’s age, race or number of siblings, or
because the child suffers from a severe or chronic medical, physical, mental or
emotional condition.
(Added to NRS by 1991, 1865; A 1993, 2679)
NRS 127.009 Booklet on adoption: Preparation; contents; annual revision;
distribution; acceptance of gifts and grants to assist production and
distribution.
1. The Division shall prepare a booklet on
adoption in this state which includes the following information:
(a) The legal basis of adoption;
(b) The purpose of adoption;
(c) The process of adoption;
(d) The number of children who are waiting to be
adopted, including statistical information regarding:
(1) The gender and ethnic background of
the children who are waiting to be adopted;
(2) The number of children placed in
foster homes who are waiting to be adopted;
(3) The number of children with special
needs who are waiting to be adopted; and
(4) The number of siblings who are waiting
to be adopted;
(e) The name and location of agencies in Nevada
that place children with adoptive parents;
(f) The number of prospective adoptive parents;
(g) A comparison of Nevada to the surrounding
states regarding the placement of children with adoptive parents;
(h) A comparison of the Division to other
agencies located in Nevada regarding the placement of children with adoptive
parents; and
(i) Any subsidies, assistance and other services
that may be available to adoptive parents and prospective adoptive parents,
including, without limitation, services for children with special needs.
2. The Division shall:
(a) Revise the information in the booklet
annually.
(b) Distribute the booklet to persons and
organizations whose patients or clients are likely to become involved with the
process of adoption in this state. The booklet must also be distributed to
prospective adoptive parents and natural parents giving children up for
adoption.
3. The Division may accept gifts and
grants to assist in the production and distribution of the booklet.
(Added to NRS by 1991, 1864; A 1993, 79, 2680, 2730; 2001, 1110)
ADOPTION OF CHILDREN
NRS 127.010 Jurisdiction of district courts. Except
if the child involved is subject to the jurisdiction of an Indian tribe
pursuant to the Indian Child Welfare Act, the district courts of this State
have original jurisdiction in adoption proceedings.
[1:332:1953]—(NRS A 1995, 781)
NRS 127.013 Transfer of proceedings to Indian tribe.
1. If proceedings pursuant to this chapter
involve the relinquishment of an Indian child who is a ward of a tribal court,
resides on a reservation or is domiciled on a reservation, the court shall
transfer the proceedings to the Indian child’s tribe in accordance with the
Indian Child Welfare Act.
2. For the purposes of this section, the
domicile of an Indian child must be determined according to federal common law.
(Added to NRS by 1995, 780)
NRS 127.017 Extent to which court must give full faith and credit to
judicial proceedings of Indian tribe. Each
court in this state which exercises jurisdiction pursuant to this chapter in a
case involving an Indian child shall give full faith and credit to the judicial
proceedings of an Indian tribe to the same extent that the Indian tribe gives
full faith and credit to the judicial proceedings of the courts of this state.
(Added to NRS by 1995, 780)
NRS 127.020 Adoption of minor children; ages and consent. A minor child may be adopted by an adult
person in the cases and subject to the rules prescribed in this chapter. The
person adopting a child must be at least 10 years older than the person
adopted, and the consent of the child, if over the age of 14 years, is
necessary to its adoption.
[2:332:1953]
NRS 127.030 Who may petition. Any
adult person or any two persons married to each other may petition the district
court of any county in this state for leave to adopt a child. The petition by a
person having a husband or wife shall not be granted unless the husband or wife
consents thereto and joins therein.
[3:332:1953]
NRS 127.040 Written consent to adoption or for relinquishment to authorized
agency: Acknowledgment; when consent required.
1. Except as provided in NRS 127.090, written consent to the specific adoption
proposed by the petition or for relinquishment to an agency authorized to
accept relinquishments acknowledged by the person or persons consenting, is
required from:
(a) Both parents if both are living;
(b) One parent if the other is dead; or
(c) The guardian of the person of a child
appointed by a court of competent jurisdiction.
2. Consent is not required of a parent who
has been adjudged insane for 2 years if the court is satisfied by proof that
such insanity is incurable.
[4:332:1953]—(NRS A 1957, 11; 1971, 835; 1979, 1282)
NRS 127.043 Consent to adoption required before placement in adoptive home;
exception.
1. Except as otherwise provided in
subsection 2, a child must not be placed in an adoptive home until a valid
release for or consent to adoption is executed by the mother as provided by NRS 127.070.
2. The provisions of this section do not
apply if one petitioner or the spouse of a petitioner is related to the child
within the third degree of consanguinity.
(Added to NRS by 1989, 530)
NRS 127.045 Release for or consent to adoption and investigation required
before appointment of guardian for child to be adopted; exception.
1. Except as otherwise provided in
subsection 2, until a valid release for or consent to adoption is executed by
the mother as provided by NRS 127.070 and the
investigation required by NRS 127.2805 is
completed, no person may:
(a) Petition any court for the appointment of a
guardian; or
(b) Be appointed the temporary guardian,
Ê of the
person of the child to be adopted.
2. The provisions of subsection 1 do not
apply to any person who is related or whose spouse is related to the child within
the third degree of consanguinity.
(Added to NRS by 1989, 530; A 1993, 70)
NRS 127.050 Agencies which may accept relinquishments and consent to
adoption; reimbursement for certain costs.
1. The following agencies may accept
relinquishments for the adoption of children from parents and guardians in this
State:
(a) An agency which provides child welfare
services in its own capacity or on behalf of a child-placing agency authorized
under the laws of another state to accept relinquishments and make placements;
or
(b) A child-placing agency licensed by the
Division.
2. The following agencies may consent to
the adoption of children in this State:
(a) An agency which provides child welfare
services to which the child has been relinquished for adoption;
(b) A child-placing agency licensed by the
Division, to whom the child has been relinquished for adoption; or
(c) Any child-placing agency authorized under the
laws of another state to accept relinquishments and make placements, to whom
the child has been relinquished or otherwise approved for adoption in that
state.
3. If an agency which provides child
welfare services accepts a relinquishment on behalf of a child-placing agency
pursuant to subsection 1, the child-placing agency shall reimburse the agency
which provides child welfare services for any costs associated with the acceptance.
[5:332:1953]—(NRS A 1963, 890, 1301; 1967, 1147;
1973, 1406; 1979,
236; 1991,
948; 1993,
2680; 2001
Special Session, 3)
NRS 127.051 Agency responsible for care of child and entitled to custody;
termination of placement. The
agency to which a child has been ordered or relinquished for adoption shall be
responsible for the care of the child, and shall be entitled to the custody and
control of the child at all times until a petition for adoption has been
granted. Any placement for adoption made by the agency may be terminated by the
mutual consent of the prospective adoptive parents and the agency, or by order
of the district court for removal from the home upon the application of the
agency when in the opinion of the agency the placement for adoption is
detrimental to the interest of the child. In the event of the termination of
any placement for temporary care or for adoption, the child shall be returned
promptly to the physical custody of the agency.
(Added to NRS by 1973, 1588)
NRS 127.052 Agency to determine whether child is Indian child; notification
of child’s tribe.
1. Each agency which, pursuant to NRS 127.050, accepts a relinquishment for the adoption
of a child shall make all necessary inquiries to determine whether the child is
an Indian child. If it determines that the child is an Indian child and that
the child is a ward of a tribal court, resides on a reservation or is domiciled
on a reservation, the agency shall so notify the child’s tribe in writing.
2. The Division shall adopt regulations
establishing reasonable and uniform standards for making the necessary
inquiries to determine whether a child is an Indian child.
3. For the purposes of this section, the
domicile of an Indian child must be determined according to federal common law.
(Added to NRS by 1995, 780)
NRS 127.053 Consent to adoption: Requisites. No
consent to a specific adoption executed in this State, or executed outside this
State for use in this State, is valid unless it:
1. Identifies the child to be adopted by
name, if any, sex and date of birth.
2. Is in writing and signed by the person
consenting to the adoption as required in this chapter.
3. Is acknowledged by the person
consenting and signing the consent to adoption in the manner and form required
for conveyances of real property.
4. Contains, at the time of execution, the
name of the person or persons to whom consent to adopt the child is given.
5. Is attested by at least two competent,
disinterested witnesses who subscribe their names to the consent in the
presence of the person consenting. If neither the petitioner nor the spouse of
a petitioner is related to the child within the third degree of consanguinity,
then one of the witnesses must be a social worker employed by:
(a) An agency which provides child welfare
services;
(b) An agency licensed in this state to place
children for adoption;
(c) A comparable state or county agency of
another state; or
(d) An agency authorized under the laws of
another state to place children for adoption, if the natural parent resides in
that state.
(Added to NRS by 1961, 736; A 1973, 1588; 1987, 2050; 1991, 948; 1993, 204, 2681, 2731; 2001
Special Session, 3)
NRS 127.055 Consent to adoption: Attesting witnesses may make self-proving
affidavits to be attached to consent.
1. Any or all of the attesting witnesses
to any consent to adoption may, at the request of the person or persons who
executed the consent, make and sign an affidavit before any person authorized
to administer oaths in this state, stating such facts as they would be required
to testify to in court to prove the due execution of the consent to adoption.
The affidavit must be written on the consent to adoption, or, if that is
impracticable, on some paper attached thereto. The sworn statement of any
witness so taken must be accepted by the court in any action or proceeding
relating to the validity or due execution of the consent to adoption as if it had
been taken before the court.
2. The affidavit described in subsection 1
may be substantially in the following form:
State of Nevada }
}ss.
County of................................................ }
(Date)................................................................
Then and there personally
appeared the within-named ................ and ................, who, being
duly sworn, depose and say: That they witnessed the execution of the within
consent to adoption by ................ (name of person or persons consenting);
that she, he or they subscribed the consent to adoption and declared the same
to be a voluntary consent to adoption in their presence; that at the time the
consent to adoption was executed it contained the names of the person or
persons to whom consent was thereby given to adopt the child; that they
thereafter subscribed the same as witnesses in the presence of ................
(name of person or persons consenting) and in the presence of each other and at
the request of ................ (name of person or persons consenting); that at
the time of the execution of the consent to adoption ................ (name of
person or persons consenting) acknowledged to them that she, he or they was or
were, and she, he or they appeared to them to be, in full possession of her,
his or their faculties and not under the influence of any drug or sedative or
subject to any duress, fear, menace, compulsion or undue influence whatever;
and that they make this affidavit at her, his or their request.
.......................................................................
.......................................................................
Subscribed and sworn to before me
this ...... day of the month of
...... of the year ......
..................................................................
Notary Public
(Added to NRS by 1961, 736; A 1985, 1211; 2001, 33)
NRS 127.057 Consent to adoption: Copy to be furnished to agency which
provides child welfare services within 48 hours; recommendations;
confidentiality of information; unlawful acts.
1. Any person to whom a consent to
adoption executed in this State or executed outside this State for use in this
State is delivered shall, within 48 hours after receipt of the executed consent
to adoption, furnish a true copy of the consent, together with a report of the
permanent address of the person in whose favor the consent was executed to the
agency which provides child welfare services.
2. Any person recommending in his or her
professional or occupational capacity, the placement of a child for adoption in
this State shall immediately notify the agency which provides child welfare
services of the impending adoption.
3. Except as otherwise provided in NRS 239.0115, all information received by
the agency which provides child welfare services pursuant to the provisions of
this section is confidential and must be protected from disclosure in the same
manner that information is protected under NRS
432.035.
4. Any person who violates any of the
provisions of this section is guilty of a misdemeanor.
(Added to NRS by 1961, 737; A 1963, 890; 1967, 1147;
1973, 1406, 1588; 1987, 2050; 1993, 2681; 2001
Special Session, 4; 2007, 2074)
NRS 127.058 Consent to adoption: Person to whom consent is given has legal
custody of child until hearing on petition for adoption. A person to whom consent to adopt a child is
given for a specific adoption pursuant to NRS 127.053
has, at the time the consent is executed, legal custody over the child and is
legally responsible for the child until a court holds a hearing to enter an
order or decree of adoption or to deny the petition pursuant to the laws of
this State or another state.
(Added to NRS by 2009, 1354)
NRS 127.060 Residence of petitioners: Adoption of two or more children;
exception.
1. Except as otherwise provided in
subsection 3, the petition for adoption shall not be granted unless the
petitioners have resided in the State of Nevada for a period of 6 months prior
to the granting of the petition.
2. The same petitioners may, in one
petition, petition for the adoption of two or more children, if the children be
brothers or sisters or brother and sister.
3. The provisions of subsection 1 do not
apply if 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.
[6:332:1953]—(NRS A 1961, 737; 2011, 144)
NRS 127.070 Validity of releases for and consents to adoption.
1. All releases for and consents to
adoption executed in this state by the mother before the birth of a child or
within 72 hours after the birth of a child are invalid.
2. A release for or consent to adoption
may be executed by the father before the birth of the child if the father is
not married to the mother. A release executed by the father becomes invalid if:
(a) The father of the child marries the mother of
the child before the child is born;
(b) The mother of the child does not execute a
release for or consent to adoption of the child within 6 months after the birth
of the child; or
(c) No petition for adoption of the child has
been filed within 2 years after the birth of the child.
[7:332:1953]—(NRS A 1979, 1283; 1987, 2050; 1989, 531)
NRS 127.080 Consent to specific adoption or relinquishment for adoption
cannot be revoked or nullified; exceptions.
1. Except as otherwise provided in NRS 127.070, 127.2815 and
127.282, a written consent to a specific adoption
pursuant to this chapter cannot be revoked or nullified.
2. Except as otherwise provided in NRS 127.070, a relinquishment for adoption pursuant to
this chapter cannot be revoked or nullified.
3. A minor parent may execute a
relinquishment for adoption and cannot revoke it upon coming of age.
[8:332:1953]—(NRS A 1967, 984; 1979, 1283; 1981, 718; 1993, 70)
NRS 127.090 When consent unnecessary. Consent
of a parent to an adoption shall not be necessary where parental rights have
been terminated by an order of a court of competent jurisdiction.
[9:332:1953; A 1955, 192]
NRS 127.100 Entitlement of petitions, reports and orders. All petitions, reports and orders in adoption
proceedings shall be entitled only in the names of the adopting parties.
[10:332:1953]
NRS 127.110 When petition may be filed; contents of petition; limitation on
entry of adoption order.
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 and,
unless the petition is a petition for adoption described in subsection 3 of NRS 127.060, the period the petitioners have resided
in the State of Nevada before the filing of the petition.
(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.
(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.
(i) Whether the child is known to be an Indian
child.
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.
[11:332:1953]—(NRS A 1961, 738; 1965, 1320; 1987, 2051; 1995, 781; 2011, 144)
NRS 127.120 Petition to be filed in duplicate; investigation, report and
recommendation; court may order independent investigation; costs.
1. A petition for adoption of a child must
be filed in duplicate with the county clerk. The county clerk shall send one
copy of the petition to the agency which provides child welfare services.
2. The agency which provides child welfare
services shall make an investigation and report as provided in this section. If
one petitioner or the spouse of a petitioner is related to the child within the
third degree of consanguinity, the court may, in its discretion, waive the
investigation by the agency which provides child welfare services. A copy of
the order waiving the investigation must be sent to the nearest office of the
agency which provides child welfare services by the petitioners within 7 days
after the order is issued.
3. The agency which provides child welfare
services or a licensed child-placing agency designated to do so by the court
shall:
(a) Verify the allegations of the petition;
(b) Investigate the condition of the child,
including, without limitation, whether the child is an Indian child; and
(c) Make proper inquiry to determine whether the
proposed adopting parents are suitable for the child.
4. The agency which provides child welfare
services or the designated child-placing agency shall, before the date on which
the child has lived for a period of 6 months in the home of the petitioners or
within 30 days after receiving the copy of the petition for adoption, whichever
is later, submit to the court a full written report of its findings pursuant to
subsection 3, which must contain, without limitation, a specific recommendation
for or against approval of the petition and a statement of whether the child is
known to be an Indian child, and shall furnish to the court any other
information regarding the child or proposed home which the court requires. The
court, on good cause shown, may extend the time, designating a time certain,
within which to submit the report.
5. If the court is dissatisfied with the
report submitted by the agency which provides child welfare services or the
designated child-placing agency, the court may order an independent
investigation to be conducted and a report submitted by an agency or person
selected by the court. The costs of the investigation and report may be
assessed against the petitioner or charged against the county in which the
adoption proceeding is pending.
[12:332:1953]—(NRS A 1961, 738; 1963, 890, 1301;
1967, 1147; 1973, 1406; 1989, 1133; 1993, 2682; 1995, 734, 781; 2001
Special Session, 4)
NRS 127.123 Notice of filing of petition to be provided legal custodian or
guardian of child. Notice of the filing
of a petition for the adoption of a child must be provided to the legal
custodian or guardian of the child if that custodian or guardian is a person
other than the natural parent of the child.
(Added to NRS by 1987, 2049)
NRS 127.127 Affidavit setting forth fees, donations and expenses required to
be filed; waiver. The petitioners
shall file with the court, within 15 days after the petition is filed or 5
months after the child begins to live in their home, whichever is later, an
affidavit executed by them and their attorney setting forth all fees, donations
and expenses paid by them in furtherance of the adoption. A copy of the
affidavit must be sent to the agency which provides child welfare services. If
one petitioner or the spouse of a petitioner is related to the child within the
third degree of consanguinity, the court may waive the filing of the affidavit.
(Added to NRS by 1987, 2049; A 1993, 2682; 2001
Special Session, 5)
NRS 127.130 Confidentiality of reports; petitioner may rebut adverse report. The report of either the agency which provides
child welfare services or the licensed child-placing agency designated by the
court must not be made a matter of public record, but must be given in writing
and in confidence to the district judge before whom the matter is pending. If
the recommendation of the agency which provides child welfare services or the
designated agency is adverse, the district judge, before denying the petition,
shall give the petitioner an opportunity to rebut the findings and
recommendation of the report of the agency which provides child welfare
services or the designated agency.
[13:332:1953]—(NRS A 1963, 891; 1965, 36; 1967, 1148;
1973, 1406; 1993,
2682; 2001
Special Session, 5)
NRS 127.140 Confidentiality of hearings, files and records.
1. Except as otherwise provided in NRS 239.0115, all hearings held in
proceedings under this chapter are confidential and must be held in closed
court, without admittance of any person other than the petitioners, their
witnesses, the director of an agency, or their authorized representatives,
attorneys and persons entitled to notice by this chapter, except by order of
the court.
2. The files and records of the court in
adoption proceedings are not open to inspection by any person except:
(a) Upon an order of the court expressly so
permitting pursuant to a petition setting forth the reasons therefor;
(b) If a natural parent and the child are
eligible to receive information from the State Register for Adoptions; or
(c) As provided pursuant to subsections 3, 4 and
5.
3. An adoptive parent who intends to file
a petition pursuant to NRS 127.1885 or 127.1895 to enforce, modify or terminate an agreement
that provides for postadoptive contact may inspect only the portions of the
files and records of the court concerning the agreement for postadoptive
contact.
4. A natural parent who intends to file a
petition pursuant to NRS 127.1885 to prove the
existence of or to enforce an agreement that provides for postadoptive contact
or to file an action pursuant to NRS 41.509
may inspect only the portions of the files or records of the court concerning
the agreement for postadoptive contact.
5. The portions of the files and records
which are made available for inspection by an adoptive parent or natural parent
pursuant to subsection 3 or 4 must not include any confidential information,
including, without limitation, any information that identifies or would lead to
the identification of a natural parent if the identity of the natural parent is
not included in the agreement for postadoptive contact.
[14:332:1953]—(NRS A 1979, 1283; 2005, 1682; 2007, 2074)
NRS 127.145 Attendance of prospective adoptive parents at hearing by
telephone.
1. The prospective adoptive parents may
attend by telephone, 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.
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 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.
(Added to NRS by 2011, 144)
NRS 127.150 Order of adoption or return of child; presumption of child’s
best interest after adoption is granted.
1. If the court finds that the best
interests of the child warrant the granting of the petition, an order or decree
of adoption must be made and filed, ordering that henceforth the child is the
child of the petitioners. When determining whether the best interests of the
child warrant the granting of a petition that is filed by a foster parent, the
court shall give strong consideration to the emotional bond between the child
and the foster parent. A copy of the order or decree must be sent to the
nearest office of the agency which provides child welfare services by the
petitioners within 7 days after the order or decree is issued. In the decree the
court may change the name of the child, if desired. No order or decree of
adoption may be made until after the child has lived for 6 months in the home
of the petitioners.
2. If the court is not satisfied that the
proposed adoption is in the best interests of the child, the court shall deny
the petition and may order the child returned to the custody of the person or
agency legally vested with custody.
3. After a petition for adoption has been
granted, there is a presumption that remaining in the home of the adopting
parent is in the child’s best interest.
[15:332:1953]—(NRS A 1961, 739; 1989, 1134; 1993, 2683; 1995, 734; 1999, 2026; 2001
Special Session, 5)
NRS 127.152 Adopting parents to be provided with report which includes
medical records and other information concerning child; regulations.
1. Except as otherwise provided in
subsection 3, the agency which provides child welfare services or a licensed
child-placing agency shall provide the adopting parents of a child with a
report which includes:
(a) A copy of any medical records of the child
which are in the possession of the agency which provides child welfare services
or licensed child-placing agency.
(b) Any information obtained by the agency which
provides child welfare services or licensed child-placing agency during
interviews of the natural parent regarding:
(1) The medical and sociological history
of the child and the natural parents of the child; and
(2) Any behavioral, emotional or
psychological problems that the child may have. Information regarding any
behavioral, emotional or psychological problems that the child may have must be
discussed in accordance with policies established by an agency which provides
child welfare services and a child-placing agency pursuant to regulations
adopted by the Division for the disclosure of such information.
(c) Written information regarding any subsidies,
assistance and other services that may be available to the child if it is
determined pursuant to NRS 127.186 that the child
has any special needs.
2. The agency which provides child welfare
services or child-placing agency shall obtain from the adopting parents written
confirmation that the adopting parents have received the report required
pursuant to subsection 1.
3. The report required pursuant to
subsection 1 must exclude any information that would lead to the identification
of the natural parent.
4. The Division shall adopt regulations
specifying the procedure and format for the provision of information pursuant
to this section, which may include the provision of a summary of certain
information. If a summary is provided pursuant to this section, the adopting
parents of the child may also obtain the information set forth in subsection 1.
(Added to NRS by 1995, 733; A 1999, 148; 2001, 1111, 1849, 1850; 2001
Special Session, 6; 2003, 236)
NRS 127.155 Validation of certain orders and decrees. 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, is hereby
declared valid.
(Added to NRS by 1965, 1320)
NRS 127.157 Report of adoption, amendment or annulment of adoption to State
Registrar.
1. After an order or decree of adoption
has been entered, the court shall direct the petitioner or his or her attorney
to prepare a report of adoption on a form prescribed and furnished by the State
Registrar of Vital Statistics. The report must:
(a) Identify the original certificate of birth of
the person adopted;
(b) Provide sufficient information to prepare a
new certificate of birth for the person adopted;
(c) Identify the order or decree of adoption; and
(d) Be certified by the clerk of the court.
2. The agency which provides child welfare
services shall provide the petitioner or his or her attorney with any factual
information which will assist in the preparation of the report required in
subsection 1.
3. If an order or decree of adoption is
amended or annulled, the petitioner or his or her attorney shall prepare a
report to the State Registrar of Vital Statistics, which includes sufficient
information to identify the original order or decree of adoption and the
provisions of that decree which were amended or annulled.
4. The petitioner or his or her attorney
shall forward all reports required by the provisions of this section to the
State Registrar of Vital Statistics not later than the 10th day of the month
next following the month in which the order or decree was entered, or more
frequently if requested by the State Registrar, together with any related
material the State Registrar may require.
(Added to NRS by 1977, 1348; A 1993, 2683; 2001
Special Session, 6)
NRS 127.160 Rights and duties of adopted child and adoptive parents. Upon the entry of an order of adoption, the
child shall become the legal child of the persons adopting the child, and they
shall become the child’s legal parents with all the rights and duties between
them of natural parents and legitimate child. By virtue of such adoption the
child shall inherit from his or her adoptive parents or their relatives the
same as though the child were the legitimate child of such parents, and in case
of the death of the child intestate the adoptive parents and their relatives
shall inherit the child’s estate as if they had been the child’s natural
parents and relatives in fact. After a decree of adoption is entered, the
natural parents of an adopted child shall be relieved of all parental responsibilities
for such child, and they shall not exercise or have any rights over such
adopted child or the property of such adopted child. The child shall not owe
his or her natural parents or their relatives any legal duty nor shall the
child inherit from his or her natural parents or kindred. Notwithstanding any
other provisions to the contrary in this section, the adoption of a child by
his or her stepparent shall not in any way change the status of the
relationship between the child and his or her natural parent who is the spouse
of the petitioning stepparent.
[16:332:1953]
NRS 127.165 When action to set aside adoption may be brought; presumption of
child’s best interest after adoption is granted.
1. The natural parent of a child may not
bring an action to set aside an adoption after a petition for adoption has been
granted, unless a court of competent jurisdiction has previously, in a separate
action:
(a) Set aside the consent to the adoption;
(b) Set aside the relinquishment of the child for
adoption; or
(c) Reversed an order terminating the parental
rights of the natural parent.
2. After a petition for adoption has been
granted, there is a presumption for the purposes of this chapter that remaining
in the home of the adopting parent is in the child’s best interest.
(Added to NRS by 1995, 733)
NRS 127.171 Right to visitation of child by sibling and other relatives;
limitations.
1. Except as otherwise provided in NRS 127.187 to 127.1895,
inclusive, in a proceeding for the adoption of a child, the court may grant a
reasonable right to visit to:
(a) A sibling of the child if the child is in the
custody of an agency which provides child welfare services and a similar right
has been granted previously pursuant to NRS
432B.580; and
(b) Certain relatives of the child only if a
similar right had been granted previously pursuant to NRS 125C.050.
2. The agency which provides child welfare
services shall provide the court which is conducting the adoption proceedings
with a copy of any order for visitation with a sibling of the child that was
issued pursuant to NRS 432B.580.
3. The court may not grant a right to
visit the child to any person other than as specified in subsection 1.
(Added to NRS by 1987, 2049; A 2005, 1682; 2011, 145)
NRS 127.180 Appeals from orders, judgments or decrees. Any person against whom any order, judgment or
decree is made or who is affected thereby may appeal to the appellate court of
competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant
to Section 4 of Article 6 of the
Nevada Constitution from any order, judgment or decree of the district court
made under the provisions of this chapter, in the same manner as in other civil
proceedings.
[18:332:1953]—(NRS A 2013, 1748)
NRS 127.186 Adoption of child with special needs; financial assistance to
adoptive parents under certain circumstances; waiver of court costs of adoptive
parents; regulations.
1. The agency which provides child welfare
services or a child-placing agency licensed by the Division pursuant to this
chapter may consent to the adoption of a child under 18 years of age with
special needs due to race, age or physical or mental problems who is in the
custody of the agency which provides child welfare services or the licensed
agency by proposed adoptive parents when, in the judgment of the agency which
provides child welfare services or the child-placing agency, it would be in the
best interests of the child to be placed in that adoptive home.
2. The agency which provides child welfare
services or child-placing agency, whichever has custody of the child, shall in
a timely and diligent manner:
(a) Schedule any evaluations necessary to
identify any special needs the child may have.
(b) If it determines that the child has any
special needs:
(1) Notify the proposed adoptive parents:
(I) That they may be eligible for a
grant of financial assistance pursuant to this section; and
(II) The manner in which to apply
for such financial assistance; and
(2) Assist the proposed adoptive parents
in applying for and satisfying any other prerequisites necessary to obtain a
grant of financial assistance pursuant to this section and any other relevant
subsidies and services which may be available.
3. The agency which provides child welfare
services may grant financial assistance for attorney’s fees in the adoption
proceeding, for maintenance and for preexisting physical or mental conditions
to the adoptive parents of a child with special needs out of money provided for
that purpose if the head of the agency which provides child welfare services or
his or her designee has reviewed and approved in writing the grant of financial
assistance.
4. The grant of financial assistance must
be limited, both as to amount and duration, by agreement in writing between the
agency which provides child welfare services and the adoptive parents. Such an
agreement must not become effective before the entry of the order of adoption.
5. Any grant of financial assistance must
be reviewed and evaluated at least once annually by the agency which provides
child welfare services. The evaluation must be presented for approval to the
head of the agency which provides child welfare services or his or her
designee. Financial assistance must be discontinued immediately upon written
notification to the adoptive parents by the agency which provides child welfare
services that continued assistance is denied.
6. All financial assistance provided under
this section ceases immediately when the child attains majority, becomes
self-supporting, is emancipated or dies, whichever occurs first.
7. Neither a grant of financial assistance
pursuant to this section nor any discontinuance of such assistance affects the
legal status or respective obligations of any party to the adoption.
8. A court shall waive all court costs of
the proposed adoptive parents in an adoption proceeding for a child with
special needs if the agency which provides child welfare services or
child-placing agency consents to the adoption of such a child pursuant to this
section.
9. The Division, in consultation with each
agency which provides child welfare services, shall adopt regulations regarding
eligibility for and the procedures for applying for a grant of financial
assistance pursuant to this section.
(Added to NRS by 1971, 851; A 1973, 1406; 1979, 1283; 1981, 718; 1993, 2683, 2880; 1995, 729, 734; 2001, 686, 1111; 2001
Special Session, 7; 2011, 3)
AGREEMENTS FOR POSTADOPTIVE CONTACT
NRS 127.187 Requirements; court to retain jurisdiction; no effect on rights
of adoptive parent as legal parent.
1. The natural parent or parents and the
prospective adoptive parent or parents of a child to be adopted may enter into
an enforceable agreement that provides for postadoptive contact between:
(a) The child and his or her natural parent or
parents;
(b) The adoptive parent or parents and the
natural parent or parents; or
(c) Any combination thereof.
2. An agreement that provides for
postadoptive contact is enforceable if the agreement:
(a) Is in writing and signed by the parties; and
(b) Is incorporated into an order or decree of
adoption.
3. The identity of a natural parent is not
required to be included in an agreement that provides for postadoptive contact.
If such information is withheld, an agent who may receive service of process
for the natural parent must be provided in the agreement.
4. A court that enters an order or decree
of adoption which incorporates an agreement that provides for postadoptive
contact shall retain jurisdiction to enforce, modify or terminate the agreement
that provides for postadoptive contact until:
(a) The child reaches 18 years of age;
(b) The child becomes emancipated; or
(c) The agreement is terminated.
5. The establishment of an agreement that
provides for postadoptive contact does not affect the rights of an adoptive
parent as the legal parent of the child as set forth in NRS
127.160.
(Added to NRS by 2005, 1679)
NRS 127.1875 Notice of agreement to court.
1. Each prospective adoptive parent of a
child to be adopted who enters into an agreement that provides for postadoptive
contact pursuant to NRS 127.187 shall notify the
court responsible for entering the order or decree of adoption of the child of
the existence of the agreement as soon as practicable after the agreement is
established, but not later than the time at which the court enters the order or
decree of adoption of the child.
2. Each:
(a) Director or other authorized representative
of the agency which provides child welfare services or the licensed
child-placing agency involved in the adoption proceedings concerning the child;
and
(b) Attorney representing a prospective adoptive
parent, the child, the agency which provides child welfare services or the
licensed child-placing agency in the adoption proceedings concerning the child,
Ê shall, as
soon as practicable after obtaining actual knowledge that the prospective
adoptive parent or parents of the child and the natural parent or parents of
the child have entered into an agreement that provides for postadoptive contact
pursuant to NRS 127.187, notify the court responsible
for entering the order or decree of adoption of the child of the existence of
the agreement.
(Added to NRS by 2005, 1680)
NRS 127.188 Inquiry by court before entering order or decree of adoption;
incorporation of agreement into such order or decree.
1. Before a court may enter an order or
decree of adoption of a child, the court must address in person:
(a) Except as otherwise provided in subsection 2,
each prospective adoptive parent of the child to be adopted;
(b) Each director or other authorized
representative of the agency which provides child welfare services or the
licensed child-placing agency involved in the adoption proceedings concerning
the child; and
(c) Each attorney representing a prospective
adoptive parent, the child, the agency which provides child welfare services or
the licensed child-placing agency in the adoption proceedings concerning the
child,
Ê and inquire
whether the person has actual knowledge that the prospective adoptive parent or
parents of the child and natural parent or parents of the child have entered
into an agreement that provides for postadoptive contact pursuant to NRS 127.187.
2. The court may for purposes of
subsection 1 address a prospective adoptive parent described in NRS 127.145 by telephone.
3. If the court determines that the
prospective adoptive parent or parents and the natural parent or parents have
entered into an agreement that provides for postadoptive contact, the court
shall:
(a) Order the prospective adoptive parent or
parents to provide a copy of the agreement to the court; and
(b) Incorporate the agreement into the order or
decree of adoption.
(Added to NRS by 2005, 1680; A 2011, 145)
NRS 127.1885 Petitions to court by natural parents and adoptive parents.
1. A natural parent who has entered into
an agreement that provides for postadoptive contact pursuant to NRS 127.187 may, for good cause shown:
(a) Petition the court that entered the order or
decree of adoption of the child to prove the existence of the agreement that
provides for postadoptive contact and to request that the agreement be
incorporated into the order or decree of adoption; and
(b) During the period set forth in subsection 2
of NRS 127.189, petition the court that entered the
order or decree of adoption of the child to enforce the terms of the agreement
that provides for postadoptive contact if the agreement complies with the
requirements of subsection 2 of NRS 127.187.
2. An adoptive parent who has entered into
an agreement that provides for postadoptive contact pursuant to NRS 127.187 may:
(a) During the period set forth in subsection 2
of NRS 127.189, petition the court that entered the
order or decree of adoption of the child to enforce the terms of the agreement
that provides for postadoptive contact if the agreement complies with the
requirements of subsection 2 of NRS 127.187; and
(b) Petition the court that entered the order or
decree of adoption of the child to modify or terminate the agreement that
provides for postadoptive contact in the manner set forth in NRS 127.1895.
(Added to NRS by 2005, 1680)
NRS 127.189 Failure to comply; action to enforce terms.
1. Failure to comply with the terms of an
agreement that provides for postadoptive contact entered into pursuant to NRS 127.187 may not be used as a ground to:
(a) Set aside an order or decree of adoption;
(b) Revoke, nullify or set aside a valid release
for or consent to an adoption or a relinquishment for adoption; or
(c) Except as otherwise provided in NRS 41.509, award any civil damages to a party
to the agreement.
2. Any action to enforce the terms of an
agreement that provides for postadoptive contact must be commenced not later
than 120 days after the date on which the agreement was breached.
(Added to NRS by 2005, 1681)
NRS 127.1895 Modification or termination: Conditions; presumptions and
considerations; scope.
1. An agreement that provides for postadoptive
contact entered into pursuant to NRS 127.187 may
only be modified or terminated by an adoptive parent petitioning the court that
entered the order or decree which included the agreement. The court may grant a
request to modify or terminate the agreement only if:
(a) The adoptive parent petitioning the court for
the modification or termination establishes that:
(1) A change in circumstances warrants the
modification or termination; and
(2) The contact provided for in the
agreement is no longer in the best interests of the child; or
(b) Each party to the agreement consents to the
modification or termination.
2. If an adoptive parent petitions the
court for a modification or termination of an agreement pursuant to this
section:
(a) There is a presumption that the modification
or termination is in the best interests of the child; and
(b) The court may consider the wishes of the
child involved in the agreement.
3. Any order issued pursuant to this
section to modify an agreement that provides postadoptive contact:
(a) May limit, restrict, condition or decrease
contact between the parties involved in the agreement; and
(b) May not expand or increase the contact
between the parties involved in the agreement or place any new obligation on an
adoptive parent.
(Added to NRS by 2005, 1681)
ADOPTION OF ADULTS
NRS 127.190 Adoption of adults: Ages; agreement of adoption.
1. Notwithstanding any other provision of
law, any adult person may adopt any other adult person younger than himself or
herself, except the spouse of the adopting person, by an agreement of adoption
approved by a decree of adoption of the district court in the county in which
either the person adopting or the person adopted resides.
2. The agreement of adoption shall be in
writing and shall be executed by the person adopting and the person to be
adopted, and shall set forth that the parties agree to assume toward each other
the legal relation of parent and child, and to have all of the rights and be
subject to all of the duties and responsibilities of that relation.
(Added to NRS by 1959, 606)
NRS 127.200 Adoption of adults: Consent required.
1. A married person not lawfully separated
from his or her spouse may not adopt an adult person without the consent of the
spouse of the adopting person, if such spouse is capable of giving such
consent.
2. A married person not lawfully separated
from his or her spouse may not be adopted without the consent of the spouse of
the person to be adopted, if such spouse is capable of giving such consent.
3. Neither the consent of the natural
parent or parents of the person to be adopted, nor of the Division, nor of any
other person is required.
(Added to NRS by 1959, 606; A 1963, 891; 1967, 1148;
1973, 1406; 1993,
2684)
NRS 127.210 Petition for approval of agreement of adoption; notice,
investigation and hearing; decree of adoption.
1. The adopting person and the person to
be adopted may file in the district court in the county in which either resides
a petition praying for approval of the agreement of adoption by the issuance of
a decree of adoption.
2. The court shall fix a time and place
for hearing on the petition, and both the person adopting and the person to be
adopted shall appear at the hearing in person, but if such appearance is
impossible or impractical, appearance may be made for either or both of such
persons by counsel empowered in writing to make such appearance.
3. The court may require notice of the
time and place of the hearing to be served on other interested persons, and any
such interested person may appear and object to the proposed adoption.
4. No investigation or report to the court
by any public officer is required, but the court may require the Division to
investigate the circumstances and report thereon, with recommendations, to the
court before the hearing.
5. At the hearing the court shall examine
the parties, or the counsel of any party not present in person. If the court is
satisfied that the adoption will be for the best interests of the parties and
in the public interest, and that there is no reason why the petition should not
be granted, the court shall approve the agreement of adoption, and enter a
decree of adoption declaring that the person adopted is the child of the person
adopting him or her. Otherwise, the court shall withhold approval of the
agreement and deny the prayer of the petition.
(Added to NRS by 1959, 606; A 1963, 892; 1967, 1148;
1973, 1406; 1993,
2684)
PLACEMENT OF CHILDREN FOR ADOPTION AND PERMANENT FREE CARE
NRS 127.220 Definitions. As
used in NRS 127.220 to 127.310,
inclusive, unless the context otherwise requires:
1. “Agency which provides child welfare
services” has the meaning ascribed to it in NRS 432B.030.
2. “Arrange the placement of a child”
means to make preparations for or bring about any agreement or understanding
concerning the adoption of a child.
3. “Child-placing agency” means a
nonprofit corporation organized pursuant to chapter
82 of NRS, and licensed by the Division to place children for adoption or
permanent free care.
4. “Person” includes a hospital.
5. “Recommend the placement of a child”
means to suggest to a child-placing agency that a prospective adoptive parent
be allowed to adopt a specific child, born or in utero.
(Added to NRS by 1963, 1298; A 1981, 719; 1985, 508; 1987, 2051; 1989, 531; 1991, 1310; 1993, 71, 2685, 2734; 1999, 2026; 2001
Special Session, 8)
NRS 127.230 Standards for and regulation of child-placing agencies;
regulation of agencies which provide child welfare services; regulation of
adoption or placement of children.
1. The Division shall:
(a) Establish reasonable minimum standards for
child-placing agencies.
(b) In consultation with each agency which
provides child welfare services, adopt:
(1) Regulations concerning the operation
of an agency which provides child welfare services and child-placing agencies.
(2) Regulations establishing the procedure
to be used by an agency which provides child welfare services and a
child-placing agency in placing children for adoption, which must allow the
natural parent or parents and the prospective adoptive parent or parents to
determine, by mutual consent, the amount of identifying information that will
be communicated concerning each of them.
(3) Any other regulations necessary to
carry out its powers and duties regarding the adoption of children or the
placement of children for adoption or permanent free care, including, without
limitation, such regulations necessary to ensure compliance with the provisions
of this chapter and any regulations adopted pursuant thereto.
2. Each agency which provides child
welfare services and child-placing agency shall conform to the standards
established and the regulations adopted pursuant to subsection 1.
(Added to NRS by 1963, 1298; A 1967, 1149; 1973,
1406; 1987,
2051; 1993,
108, 2685,
2737; 2001
Special Session, 8)
NRS 127.240 License: Requirement; exceptions.
1. Except as otherwise provided in this
section, no person may place, arrange the placement of, or assist in placing or
in arranging the placement of, any child for adoption or permanent free care
without securing and having in full force a license to operate a child-placing
agency issued by the Division. This subsection applies to agents, servants,
physicians and attorneys of parents or guardians, as well as to other persons.
2. This section does not prohibit a parent
or guardian from placing, arranging the placement of, or assisting in placing
or in arranging the placement of, any child for adoption or permanent free care
if the placement is made pursuant to the provisions of NRS
127.280, 127.2805 and 127.2815.
3. This section does not prohibit an
agency which provides child welfare services from placing, arranging the
placement of, or assisting in placing or in arranging the placement of, any
child for adoption or permanent free care.
4. This section does not prohibit a
person, including a person acting in his or her professional capacity, from
sharing information regarding an adoption if no money or other valuable
consideration is paid:
(a) For such information; or
(b) For any other service related to the adoption
that is performed after sharing information.
(Added to NRS by 1963, 1298; A 1965, 1321; 1973,
1406; 1979, 236;
1989, 531; 1991, 1865; 1993, 71, 2685, 2734; 2001
Special Session, 9)
NRS 127.250 License: Application; issuance; renewal.
1. The application for a license to
operate a child-placing agency must be in a form prescribed by the Division.
The license must state to whom it is issued and the fact that it is effective
for 1 year from the date of its issuance.
2. The issuance by the Division of a
license to operate a child-placing agency must be based upon reasonable and
satisfactory assurance to the Division that the applicant for such license will
conform to the standards established and the regulations adopted by the
Division as provided in NRS 127.230.
3. When the Division is satisfied that a
licensee is conforming to such standards and regulations, it shall renew his or
her license, and the license so renewed continues in force for 1 year from the
date of renewal.
(Added to NRS by 1963, 1298; A 1973, 1406; 1993, 108, 2686, 2737)
NRS 127.270 License: Refusal to issue or renew; notice and hearing; appeals.
1. After notice and hearing, the Division
may:
(a) Refuse to issue a license if the Division
finds that the applicant does not meet the standards established and the rules
prescribed by the Division for child-placing agencies.
(b) Refuse to renew a license or may revoke a
license if the Division finds that the child-placing agency has refused or
failed to meet any of the established standards or has violated any of the
rules prescribed by the Division for child-placing agencies.
2. A notice of the time and place of the
hearing must be mailed to the last known address of the applicant or licensee
at least 15 days before the date fixed for the hearing.
3. When an order of the Division is
appealed to the district court, the trial may be de novo.
(Added to NRS by 1963, 1300; A 1967, 1149; 1973,
1406; 1979, 237;
1993, 2686)
NRS 127.275 Fees for services provided by agency which provides child
welfare services.
1. Except as otherwise provided in this
section:
(a) In a county whose population is less than
100,000, the Division shall, in accordance with NRS 432.014; and
(b) In a county whose population is 100,000 or
more, the board of county commissioners of the county shall, by ordinance,
Ê charge
reasonable fees for the services provided by an agency which provides child
welfare services in placing, arranging the placement of or assisting in placing
or arranging the placement of any child for adoption, and for conducting any
investigation required by NRS 127.2805.
2. The fees charged for those services
must vary based on criteria developed by the Division and board of county
commissioners but must not exceed the usual and customary fees that
child-placing agencies in the area where the services are provided, or in a
similar geographic area, would charge for those services. The Division and
board of county commissioners shall not discriminate between adoptions made
through an agency and specific adoptions in setting their fees.
3. A fee must not be charged for services
related to the adoption of a child with special needs.
4. An agency which provides child welfare
services may waive or reduce any fee charged pursuant to this section if the
agency which provides child welfare services determines that the adoptive
parents are not able to pay the fee or the needs of the child require a waiver
or reduction of the fee.
5. Any money collected by an agency which
provides child welfare services in a county whose population is less than
100,000 pursuant to this section must be accounted for in the appropriate
account of the Division and may be used only to pay for the costs of any
adoptive or postadoptive services provided by any agency which provides child
welfare services in a county whose population is less than 100,000.
6. Any money collected by an agency which
provides child welfare services in a county whose population is 100,000 or more
pursuant to this section must be deposited in the county treasury for the
credit of the agency which provides child welfare services and may be used only
to pay for the costs of any adoption or postadoptive services provided by the
agency which provides child welfare services.
(Added to NRS by 1993, 2678; A 1993, 2726; 1999, 149; 2001
Special Session, 9; 2005, 22nd
Special Session, 48)
NRS 127.280 Requirements for placement of child in home of prospective
parents for trial period; verification of intent of natural parents.
1. A child may not be placed in the home
of prospective adoptive parents for the 30-day residence in that home which is
required before the filing of a petition for adoption, except where a child and
one of the prospective adoptive parents are related within the third degree of
consanguinity, unless:
(a) The agency which provides child welfare
services or a child-placing agency first receives written notice of the
proposed placement from:
(1) The prospective adoptive parents of
the child;
(2) The person recommending the placement;
or
(3) A natural parent;
(b) The investigation required by the provisions
of NRS 127.2805 has been completed; and
(c) In the case of a specific adoption, the
natural parent placing the child for adoption has had an opportunity to review
the report on the investigation of the home, if possible.
2. Upon receipt of written notice from any
person other than the natural parent, the agency which provides child welfare
services or child-placing agency shall communicate with the natural parent to
confirm the natural parent’s intention to place the child for adoption with the
prospective adoptive parents identified in the written notice.
(Added to NRS by 1963, 1299; A 1965, 1321; 1967,
1150; 1973, 1406, 1589; 1979, 237; 1981, 719; 1987, 2052; 1989, 531; 1991, 949; 1993, 71, 2686, 2734; 2001
Special Session, 10)
NRS 127.2805 Investigation of prospective adoptive parents.
1. The agency which provides child welfare
services or a child-placing agency shall, within 60 days after receipt of
confirmation of the natural parents’ intent to place the child for adoption and
a completed application for adoption from the prospective adoptive parents,
complete an investigation of the medical, mental, financial and moral
backgrounds of the prospective adoptive parents to determine the suitability of
the home for placement of the child for adoption. The investigation must also
embrace any other relevant factor relating to the qualifications of the
prospective adoptive parents and may be a substitute for the investigation required
to be conducted by the agency which provides child welfare services on behalf
of the court when a petition for adoption is pending, if the petition for
adoption is filed within 6 months after the completion of the investigation
required by this subsection. If a child-placing agency undertakes the
investigation, it shall provide progress reports to the agency which provides
child welfare services in such a format and at such times as the agency which
provides child welfare services requires to ensure that the investigation will
be completed within the 60-day period. If, at any time, the agency which
provides child welfare services determines that it is unlikely that the
investigation will be completed in a timely manner, the agency which provides
child welfare services shall take over the investigation and complete it within
the 60-day period or as soon thereafter as practicable.
2. If the placement is to be made in a
home outside of this state, the agency which provides child welfare services or
child-placing agency must receive a copy of a report, completed by the
appropriate authority, of an investigation of the home and the medical, mental,
financial and moral backgrounds of the prospective adoptive parents to
determine the suitability of the home for placement of the child for adoption,
unless the child and one of the prospective adoptive parents are related within
the third degree of consanguinity.
(Added to NRS by 1993, 68; A 1993, 2732; 2001
Special Session, 10)
NRS 127.281 Search for criminal record of prospective adoptive parent.
1. A prospective adoptive parent who is
subject to an investigation by the agency which provides child welfare services
or a child-placing agency must submit as part of the investigation a complete
set of his or her fingerprints and written permission authorizing the agency
which provides child welfare services or child-placing agency to forward those
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation.
2. The agency which provides child welfare
services or child-placing agency may exchange with the Central Repository or
the Federal Bureau of Investigation any information respecting the fingerprints
submitted.
3. When a report from the Federal Bureau
of Investigation is received by the Central Repository, it shall immediately forward
a copy of the report to the agency which provides child welfare services or
child-placing agency that submitted the fingerprints.
4. Any fees for fingerprinting and
submission to the Central Repository and the Federal Bureau of Investigation
must be paid by the prospective adoptive parent, except that:
(a) In a county whose population is less than
100,000, the Division may adopt regulations providing for the payment of those
fees by the Division; or
(b) In a county whose population is 100,000 or more,
the board of county commissioners may provide by ordinance for the payment of
those fees by the agency which provides child welfare services.
(Added to NRS by 1989, 530; A 1991, 951; 1993, 2688; 2001
Special Session, 11)
NRS 127.2815 Placement of child during investigation; notice and placement of
child upon completion of investigation.
1. Pending completion of the required
investigation, the child must be:
(a) Retained by the natural parent; or
(b) Placed by the natural parent with the agency
which provides child welfare services or child-placing agency and placed by the
agency which provides child welfare services or child-placing agency in a
foster home licensed pursuant to NRS
424.030,
Ê until a
determination is made concerning the suitability of the prospective adoptive
parents.
2. Upon completion of the investigation,
the agency which provides child welfare services or child-placing agency shall
forthwith inform the natural parent, the person recommending the placement and
the prospective adoptive parents of the decision to approve or deny the
placement. If the prospective adoptive home is found:
(a) Suitable, the natural parent may execute a
consent to a specific adoption pursuant to NRS 127.053,
if not previously executed, and then the child may be placed in the home of the
prospective adoptive parents for the purposes of adoption.
(b) Unsuitable or detrimental to the interest of
the child, the agency which provides child welfare services or child-placing
agency shall file an application in the district court for an order prohibiting
the placement. If the court determines that the placement should be prohibited,
the court may nullify the written consent to the specific adoption and order
the return of the child to the care and control of the parent who executed the
consent, but if the parental rights of the parent have been terminated by a
relinquishment or a final order of a court of competent jurisdiction or if the
parent does not wish to accept the child, then the court may order the
placement of the child with the agency which provides child welfare services or
a child-placing agency for adoption.
(Added to NRS by 1993, 69; A 1993, 2732; 2001
Special Session, 11; 2003, 236)
NRS 127.2817 Criteria for determination of suitability of prospective
adoptive home; opportunity for prospective adoptive parents to review and
respond to unfavorable investigation.
1. The Division, in consultation with each
agency which provides child welfare services, shall adopt regulations setting
forth the criteria to be used by an agency which provides child welfare
services or a child-placing agency for determining whether a prospective
adoptive home is suitable or unsuitable for the placement of a child for
adoption.
2. Upon the completion of an investigation
conducted by an agency which provides child welfare services or a child-placing
agency pursuant to NRS 127.120 or 127.2805, the agency which provides child welfare
services or child-placing agency shall inform the prospective adoptive parent
or parents of the results of the investigation. If, pursuant to the
investigation, a determination is made that a prospective adoptive home is
unsuitable for placement or detrimental to the interest of the child, the
agency which provides child welfare services or child-placing agency shall
provide the prospective adoptive parent or parents with an opportunity to
review and respond to the investigation with the agency which provides child
welfare services or child-placing agency before the issuance of the results of
the investigation. Except as otherwise provided in NRS 239.0115, the identity of those persons
who are interviewed or submit information concerning the investigation must
remain confidential.
(Added to NRS by 1993, 238; A 1993, 2731; 2001, 1112; 2001
Special Session, 12; 2007, 2075)
NRS 127.282 Petition for order to restrain and enjoin violation or
threatened violation of chapter; investigation of unreported adoption or
permanent free care of unrelated child.
1. Whenever the agency which provides
child welfare services believes that anyone has violated or is about to violate
any of the provisions of this chapter, in addition to any other penalty or
remedy provided:
(a) The agency which provides child welfare
services may petition the appropriate district court for an order to restrain
and enjoin the violation or threatened violation of any of the provisions of
this chapter, or to compel compliance with the provisions of this chapter; and
(b) The court shall, if a child has been or was
about to be placed in a prospective adoptive home in violation of the
provisions of this chapter:
(1) Prohibit the placement if the child
was about to be so placed, or order the removal of the child if the child was
so placed within 6 months before the filing of the petition by the agency which
provides child welfare services and proceed pursuant to paragraph (b) of
subsection 2 of NRS 127.2815; or
(2) Proceed pursuant to paragraph (b) of
subsection 2 of NRS 127.2815 in all other cases if
the court determines that it is in the best interest of the child that the
child should be removed.
2. Whenever the agency which provides
child welfare services believes that a person has received for the purposes of
adoption or permanent free care a child not related by blood, and the required
written notice has not been given, if the agency which provides child welfare
services does not proceed pursuant to subsection 1, it shall make an
investigation. Upon completion of the investigation, if the home is found
suitable for the child, the prospective adoptive parents must be allowed 6
months from the date of completion of the investigation to file a petition for
adoption. If a petition for adoption is not filed within that time a license as
a foster home must thereafter be issued pursuant to NRS 424.030 if the home meets established
standards. If, in the opinion of the agency which provides child welfare
services, the placement is detrimental to the interest of the child, the agency
which provides child welfare services shall file an application with the
district court for an order for the removal of the child from the home. If the
court determines that the child should be removed, the court shall proceed
pursuant to paragraph (b) of subsection 2 of NRS
127.2815.
(Added to NRS by 1993, 69; A 1993, 2733; 2001
Special Session, 12)
NRS 127.2825 Child-placing agency required to give preference to placement of
child with siblings of child. A
child-placing agency shall, to the extent practicable, give preference to the
placement of a child for adoption or permanent free care together with his or
her siblings.
(Added to NRS by 1999, 2026)
NRS 127.2827 Orders for visitation with sibling of child in custody of agency
which provides child welfare services: Previous orders of such visitation to be
provided to court during adoption proceedings; hearing required; participation
of interested parties; best interest of child sole consideration.
1. If a child who is in the custody of an
agency which provides child welfare services is placed for adoption, the agency
must provide the court which is conducting the adoption proceedings with a copy
of any order for visitation with a sibling of the child that was issued
pursuant to NRS 432B.580 and the
court must conduct a hearing to determine whether to include an order for
visitation with a sibling in the decree of adoption.
2. Any interested party in the adoption,
including, without limitation, the adoptive parent, the adoptive child, a
sibling of the adoptive child, the agency which provides child welfare services
or a licensed child-placing agency may petition the court to participate in the
determination of whether to include an order of visitation with a sibling in
the decree of adoption.
3. The sole consideration of the court in
making a determination concerning visitation with a sibling pursuant to this
section is the best interest of the child.
(Added to NRS by 2009, 413)
NRS 127.283 Publication or broadcast of information concerning child.
1. An agency which provides child welfare
services or any child-placing agency may publish in any newspaper published in
this state or broadcast by television a photograph of and relevant personal
information concerning any child who is difficult to place for adoption.
2. A child-placing agency shall not
publish or broadcast:
(a) Any personal information which reveals the
identity of the child or his or her parents; or
(b) A photograph or personal information for a
child without the prior approval of the agency having actual custody of the
child.
(Added to NRS by 1977, 664; A 1993, 2689; 2001
Special Session, 13)
NRS 127.285 Limitation on participation of attorneys in adoption
proceedings; reporting of violation to bar association; criminal penalty.
1. Any attorney licensed to practice in
this state or in any other state:
(a) May not receive compensation for:
(1) Taking part in finding children for
adoption; or
(2) Finding parents to adopt children.
(b) May receive a reasonable compensation for
legal services provided in relation to adoption proceedings.
2. An agency which provides child welfare
services shall report any violation of subsection 1 to the State Bar of Nevada
if the alleged violator is licensed to practice in this state, or to the bar
association of the state in which the alleged violator is licensed to practice.
3. Any person who violates the provisions
of subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1965, 1336; A 1993, 459, 2738; 2001
Special Session, 13)
NRS 127.287 Payment to or acceptance by natural parent of compensation in
return for placement for or consent to adoption of child.
1. Except as otherwise provided in
subsection 3, it is unlawful for any person to pay or offer to pay money or
anything of value to the natural parent of a child in return for the natural
parent’s placement of the child for adoption or consent to or cooperation in
the adoption of the child.
2. It is unlawful for any person to
receive payment for medical and other necessary expenses related to the birth
of a child from a prospective adoptive parent with the intent of not consenting
to or completing the adoption of the child.
3. A person may pay the medical and other
necessary living expenses related to the birth of a child of another as an act
of charity so long as the payment is not contingent upon the natural parent’s
placement of the child for adoption or consent to or cooperation in the
adoption of the child.
4. This section does not prohibit a
natural parent from refusing to place a child for adoption after its birth.
5. The provisions of this section do not
apply if a woman enters into a lawful contract to act as a gestational carrier,
as defined in NRS 126.580.
(Added to NRS by 1987, 2049; A 2013, 812)
NRS 127.288 Penalty for unlawful payment to or acceptance by natural parent of
compensation. A person who
violates the provisions of:
1. Subsection 1 of NRS
127.287 is guilty of a category D felony and shall be punished as provided
in NRS 193.130.
2. Subsection 2 of NRS
127.287 is guilty of a gross misdemeanor.
(Added to NRS by 1987, 2049; A 1995, 1244)
NRS 127.290 Acceptance of fees or compensation for placing or arranging
placement of child.
1. Except as otherwise provided in NRS 127.275 and 127.285,
no person who does not have in full force a license to operate a child-placing
agency may request or accept, directly or indirectly, any compensation or thing
of value for placing, arranging the placement of, or assisting in placing or arranging
the placement of, any child for adoption or permanent free care.
2. A licensed child-placing agency may
accept fees for operational expenses.
(Added to NRS by 1963, 1299; A 1965, 1336; 1979, 239; 1987, 621; 1993, 2689)
NRS 127.300 Penalty for receipt of compensation by unlicensed person for
placing or arranging placement of child.
1. Except as otherwise provided in NRS 127.275, 127.285, 200.463, 200.4631, 200.464 and 200.465, a person who, without holding a
valid license to operate a child-placing agency issued by the Division,
requests or receives, directly or indirectly, any compensation or thing of
value for placing, arranging the placement of, or assisting in placing or
arranging the placement of any child for adoption or permanent free care is
guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. The natural parents and the adopting
parents are not accomplices for the purpose of this section.
(Added to NRS by 1963, 1300; A 1965, 1336; 1967, 531,
1151; 1973, 1406; 1979,
239, 1460;
1987, 621; 1989, 1186; 1993, 2689; 1995, 1244; 2005, 89; 2013, 1856)
NRS 127.310 Unlawful placement or advertising; penalty.
1. Except as otherwise provided in NRS 127.240, 127.283 and 127.285, any person or organization other than an
agency which provides child welfare services who, without holding a valid
unrevoked license to place children for adoption issued by the Division:
(a) Places, arranges the placement of, or assists
in placing or in arranging the placement of, any child for adoption or
permanent free care; or
(b) Advertises in any periodical or newspaper, or
by radio or other public medium, that he or she will place children for
adoption, or accept, supply, provide or obtain children for adoption, or causes
any advertisement to be published in or by any public medium soliciting,
requesting or asking for any child or children for adoption,
Ê is guilty of
a misdemeanor.
2. Any person who places, accepts
placement of, or aids, abets or counsels the placement of any child in
violation of NRS 127.280, 127.2805
and 127.2815 is guilty of a misdemeanor.
3. A periodical, newspaper, radio station
or other public medium is not subject to any criminal penalty or civil
liability for publishing or broadcasting an advertisement that violates the
provisions of this section.
4. A child-placing agency shall include in
any advertisement concerning its services published in any periodical or
newspaper or by radio or other public medium a statement which:
(a) Confirms that the child-placing agency holds
a valid, unrevoked license issued by the Division; and
(b) Indicates any license number issued to the
child-placing agency by the Division.
(Added to NRS by 1961, 752; A 1963, 891, 1301; 1965,
1336; 1967, 1151; 1973, 1406; 1979, 239; 1993, 73, 459, 2689, 2737, 2738; 2001
Special Session, 13; 2009, 1355)
INTERSTATE COMPACT ON PLACEMENT OF CHILDREN
NRS 127.320 Enactment. The Interstate
Compact on the Placement of Children, set forth in NRS
127.330, is hereby enacted into law and entered into with all other
jurisdictions substantially joining therein.
(Added to NRS by 1985, 602)
NRS 127.330 Text of compact. The
Interstate Compact on the Placement of Children is as follows:
INTERSTATE COMPACT ON
THE PLACEMENT OF CHILDREN
ARTICLE I. Purpose and
Policy
It is the purpose and policy of the party states to
cooperate with each other in the interstate placement of children to the end
that:
(a) Each child requiring placement receives the
maximum opportunity to be placed in a suitable environment and with persons or
institutions having appropriate qualifications and facilities to provide a
necessary and desirable degree and type of care.
(b) The appropriate authorities in a state where
a child is to be placed may have full opportunity to ascertain the
circumstances of the proposed placement, thereby promoting full compliance with
applicable requirements for the protection of the child.
(c) The proper authorities of the state from
which the placement is made may obtain the most complete information on the
basis of which to evaluate a projected placement before it is made.
(d) Appropriate jurisdictional arrangements for
the care of children are promoted.
ARTICLE II.
Definitions
As used in this compact:
(a) “Child” means a person who, by reason of
minority, is legally subject to parental control, guardianship or similar
control.
(b) “Placement” means the arrangement for the
care of a child in a family free or boarding home or in a child-caring agency
or institution but does not include any institution caring for the mentally
ill, mentally defective or epileptic or any institution primarily educational
in character, and any hospital or other medical facility.
(c) “Receiving state” means the state to which a
child is sent, brought, or caused to be sent or brought, whether by public
authorities or private persons or agencies, and whether for placement with
state or local public authorities or for placement with private agencies or
persons.
(d) “Sending agency” means a party state, officer
or employee thereof; a subdivision of a party state, or officer or employee
thereof; a court of a party state; a person, corporation, association,
charitable agency or other entity which sends, brings or causes to be sent or
brought any child to another party state.
ARTICLE III.
Conditions for Placement
(a) A sending agency shall not send, bring or
cause to be sent or brought into any other party state any child for placement
in foster care or as a preliminary to a possible adoption unless the sending
agency complies with each and every requirement set forth in this article and
with the applicable laws of the receiving state governing the placement of
children therein.
(b) Prior to sending, bringing or causing any
child to be sent or brought into a receiving state for placement in foster care
or as a preliminary to a possible adoption, the sending agency shall furnish
the appropriate public authorities in the receiving state written notice of the
intention to send, bring or place the child in the receiving state. The notice
must contain:
(1) The name, date and place of birth of
the child.
(2) The identity and address or addresses
of the parents or legal guardian.
(3) The name and address of the person,
agency or institution to or with which the sending agency proposes to send,
bring or place the child.
(4) A full statement of the reasons for
the proposed action and evidence of the authority pursuant to which the
placement is proposed to be made.
(c) Any public officer or agency in a receiving
state which is in receipt of a notice pursuant to paragraph (b) of this article
may request of the sending agency, or any other appropriate officer or agency
of or in the sending agency’s state, and is entitled to receive therefrom, such
supporting or additional information as it considers necessary under the
circumstances to carry out the purpose and policy of this compact.
(d) The child must not be sent, brought or caused
to be sent or brought into the receiving state until the appropriate public
authorities in the receiving state notify the sending agency, in writing, to
the effect that the proposed placement does not appear to be contrary to the
interests of the child.
ARTICLE IV. Penalty
for Illegal Placement
The sending, bringing or causing to be sent or brought
into any receiving state of a child in violation of the terms of this compact
is a violation of the laws respecting the placement of children of both the
state in which the sending agency is located or from which it sends or brings
the child and of the receiving state. Such a violation may be punished or
subjected to penalty in either jurisdiction in accordance with its laws. In
addition to liability for any such punishment or penalty, the violation
constitutes full and sufficient grounds for the suspension or revocation of any
license, permit or other legal authorization held by the sending agency which
empowers or allows it to place or care for children.
ARTICLE V. Retention
of Jurisdiction
(a) The sending agency retains such jurisdiction
over the child sufficient to determine all matters in relation to the custody,
supervision, care, treatment and disposition of the child as it would have had
if the child had remained in the sending agency’s state, until the child is
adopted, reaches majority, becomes self-supporting or is discharged with the
concurrence of the appropriate authority in the receiving state. That
jurisdiction also includes the power to effect or cause the return of the child
or the transfer of the child to another location and custody pursuant to law.
The sending agency continues to have financial responsibility for support and
maintenance of the child during the period of the placement. Nothing contained
in this article defeats a claim of jurisdiction by a receiving state sufficient
to deal with an act of delinquency or crime committed therein.
(b) When the sending agency is a public agency,
it may enter into an agreement with an authorized public or private agency in
the receiving state to provide one or more services to the child as the agent
for the sending agency.
(c) Nothing in this compact prevents a private
charitable agency authorized to place children in the receiving state from
performing services or acting as the agent in that state for a private
charitable agency of the sending state, or to prevent the agency in the
receiving state from discharging its financial responsibility for the support
and maintenance of a child who has been placed on behalf of the sending agency
without relieving the responsibility set forth in paragraph (a).
ARTICLE VI.
Institutional Care of Delinquent Children
A child adjudicated delinquent may be placed in an
institution in another party jurisdiction pursuant to this compact but no such placement
may be made unless the child is given a court hearing on notice to the parent
or guardian with opportunity to be heard, prior to the child being sent to the
other party jurisdiction for institutional care and the court finds that:
(a) Equivalent facilities for the child are not
available in the sending agency’s jurisdiction; and
(b) Institutional care in the other jurisdiction
is in the best interest of the child and will not produce undue hardship.
ARTICLE VII. Compact
Administrator
The executive head of each jurisdiction party to this
compact shall designate an officer to act as the administrator and general
coordinator of activities under this compact in his or her jurisdiction and
who, acting jointly with like officers of other party jurisdictions, may adopt
regulations to carry out more effectively the terms and provisions of this
compact.
ARTICLE VIII.
Limitations
This compact does not apply to:
(a) The sending or bringing of a child into a
receiving state by his or her parent, stepparent, grandparent, adult brother or
sister, adult uncle or aunt or his or her guardian and leaving the child with
any such relative or nonagency guardian in the receiving state.
(b) Any placement, sending or bringing of a child
into a receiving state pursuant to any other interstate compact to which both
the state from which the child is sent or brought and the receiving state are
parties, or to any other agreement between the states which has the force of
law.
ARTICLE IX. Enactment
and Withdrawal
This compact is open to joinder by any state, territory
or possession of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and, with the consent of Congress, the Government of Canada or
any province thereof. It becomes effective with respect to any jurisdiction
when the jurisdiction has enacted it into law. Withdrawal from this compact
must be by the enactment of a statute repealing it, but does not take effect
until 2 years after the effective date of the statute and until written notice
of the withdrawal has been given by the withdrawing jurisdiction to the
executive head of each other party jurisdiction. Withdrawal of a party
jurisdiction does not affect the rights, duties and obligations under this
compact of any sending agency in that jurisdiction with respect to a placement
made prior to the effective date of withdrawal.
ARTICLE X.
Construction and Severability
The provisions of this compact must be liberally
construed to effectuate the purposes thereof. The provisions of this compact
are severable and if any phrase, clause, sentence or provision of this compact
is declared to be contrary to the constitution of any party state or of the
United States or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person or circumstance are
not affected thereby. If this compact is held contrary to the constitution of
any state party thereto, the compact remains in full force and effect as to the
remaining states and in full force and effect as to the state affected as to
all severable matters.
(Added to NRS by 1985, 602)
NRS 127.340 Administrator of compact: Service at pleasure of Governor;
cooperation with all departments, agencies and officers. The administrator of the compact shall serve
at the pleasure of the Governor. The administrator shall cooperate with all
departments, agencies and officers of and in the government of this state and
its subdivisions in facilitating the proper administration of the compact or of
any supplementary agreement or agreements entered into by this state under the
compact.
(Added to NRS by 1985, 606)
NRS 127.350 Supplementary agreements. The
administrator of the compact shall enter into supplementary agreements with
appropriate officials of other states pursuant to the compact. If a
supplementary agreement requires or contemplates the use of any institution or
facility of this state or the provision of any service by this state, the
supplementary agreement has no force or effect until approved by the head of
the department or agency under whose jurisdiction the institution or facility
is operated or whose department or agency will be charged with the rendering of
the service.
(Added to NRS by 1985, 606)
INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE
NRS 127.400 Enactment. The
Interstate Compact on Adoption and Medical Assistance, set forth in NRS 127.410, is hereby enacted into law and entered
into with all other jurisdictions substantially joining therein.
(Added to NRS by 1987, 303)
NRS 127.410 Text of compact. The
Interstate Compact on Adoption and Medical Assistance is as follows:
INTERSTATE COMPACT ON
ADOPTION
AND MEDICAL ASSISTANCE
ARTICLE I. FINDINGS
The states which are parties to this compact find that:
(a) In order to obtain adoptive families for
children with special needs, states must assure prospective adoptive parents of
substantial assistance (usually on a continuing basis) in meeting the high
costs of supporting and providing for the special needs and the services
required by such children.
(b) The states have a fundamental interest in
promoting adoption for children with special needs because the care, emotional
stability, and general support and encouragement required by such children can
be best, and often only, obtained in family homes with a normal parent-child
relationship.
(c) The states obtain fiscal advantages from
providing adoption assistance because the alternative is for the states to bear
the higher cost of meeting all the needs of children while in foster care.
(d) The necessary assurances of adoption
assistance for children with special needs, in those instances where children
and adoptive parents live in states other than the one undertaking to provide
the assistance, include the establishment and maintenance of suitable
substantive guarantees and workable procedures for interstate cooperation and
payments to assist with the necessary costs of child maintenance, the
procurement of services, and the provision of medical assistance.
ARTICLE II. PURPOSES
The purposes of this compact are to:
(a) Strengthen protections for the interests of
children with special needs on behalf of whom adoption assistance is committed
to be paid, when such children are in or move to states other than the one
committed to provide adoption assistance.
(b) Provide substantive assurances and operating
procedures which will promote the delivery of medical and other services to
children on an interstate basis through programs of adoption assistance
established by the laws of the states which are parties to this compact.
ARTICLE III.
DEFINITIONS
As used in this compact, unless the context clearly requires
a different construction:
(a) “Child with special needs” means a minor who
has not yet attained the age at which the state normally discontinues
children’s services, or a child who has not yet reached the age of 21 where the
state determines that the child’s mental or physical handicaps warrant the
continuation of assistance beyond the age of majority, for whom the state has
determined the following:
(1) That the child cannot or should not be
returned to the home of his or her parents;
(2) That there exists with respect to the
child a specific factor or condition (such as his or her ethnic background,
age, or membership in a minority or sibling group, or the presence of factors
such as medical condition or physical, mental, or emotional handicaps) because
of which it is reasonable to conclude that the child cannot be placed with
adoptive parents without providing adoption assistance; or
(3) That, except where it would be against
the best interests of the child because of such factors as the existence of
significant emotional ties with prospective adoptive parents while in their
care as a foster child, a reasonable but unsuccessful effort has been made to
place the child with appropriate adoptive parents without providing adoption
assistance.
(b) “Adoption assistance” means the payment or
payments for the maintenance of a child which are made or committed to be made
pursuant to the program of adoption assistance established by the laws of a
party state.
(c) “State” means a state of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, the Commonwealth of the Northern Mariana Islands, or a territory or
possession of the United States.
(d) “Adoption assistance state” means the state
that is signatory to an agreement of adoption assistance in a particular case.
(e) “Residence state” means the state in which
the child is a resident by virtue of the residence of the adoptive parents.
(f) “Parents” means either the singular or plural
of the word “parent.”
ARTICLE IV. ADOPTION
ASSISTANCE
(a) Each state shall determine the amounts of
adoption assistance and other aid which it will give to children with special
needs and their adoptive parents in accordance with its own laws and programs.
The adoption assistance and other aid may be made subject to periodic
reevaluation of eligibility by the adoption assistance state in accordance with
its laws.
(b) The adoption assistance, medical assistance,
and other services and benefits to which this compact applies are those
provided to children with special needs and their adoptive parents from the
effective date of the agreement for adoption assistance.
(c) Every case of adoption assistance must
include a written agreement for adoption assistance between the adoptive
parents and the appropriate agency of the state undertaking to provide the
adoption assistance. Every such agreement must contain provisions for the
fixing of actual or potential interstate aspects of the assistance so provided
as follows:
(1) An express commitment that the
assistance so provided must be payable without regard for the state of
residence of the adoptive parents, both at the outset of the agreement and at
all times during its continuance;
(2) A provision setting forth with
particularity the types of care and services toward which the adoption
assistance state will make payments;
(3) A commitment to make medical
assistance available to the child in accordance with Article V of this compact;
(4) An express declaration that the
agreement is for the benefit of the child, the adoptive parents and the state
and that it is enforceable by any or all of them; and
(5) The date or dates upon which each
payment or other benefit provided thereunder is to commence, but in no event
prior to the effective date of the agreement for adoption assistance.
(d) Any services or benefits provided for a child
by the residence state and the adoption assistance state may be facilitated by
the party states on each other’s behalf. To this end, the personnel of the
child welfare agencies of the party states will assist each other, as well as
the beneficiaries of agreements for adoption assistance, in assuring prompt and
full access to all benefits expressly included in such agreements. It is
further recognized and agreed that, in general, all children to whom agreements
for adoption assistance apply will be eligible for benefits under the child
welfare, education, rehabilitation, mental health, and other programs of their
state of residence on the same basis as other resident children.
(e) Payments for adoption assistance on behalf of
a child in another state shall be made on the same basis and in the same
amounts as they would be made if the child were living in the state making the
payments, except that the laws of the adoption assistance state may provide for
the payment of higher amounts.
ARTICLE V. MEDICAL
ASSISTANCE
(a) Children for whom a party state is committed,
in accordance with the terms of an agreement of adoption assistance to provide
federally aided medical assistance under Title XIX of the Social Security Act,
are eligible for such medical assistance during the entire period for which the
agreement is in effect. Upon application therefor, the adoptive parents of a
child who is the subject of an agreement of adoption assistance must receive a
document of identification for medical assistance made out in the child’s name.
The identification must be issued by the program of medical assistance of the residence
state and must entitle the child to the same benefits, pursuant to the same
procedures, as any other child who is covered by the program of medical
assistance in that state, whether or not the adoptive parents are themselves
eligible for medical assistance.
(b) The document of identification must bear no
indication that an agreement of adoption assistance with another state is the
basis for its issuance. However, if the document of identification is issued
pursuant to an agreement for adoption assistance, the records of the issuing
state and the adoption assistance state must show the fact, and must contain a
copy of the agreement for adoption assistance and any amendment or replacement
thereof, as well as all other pertinent information. The adoption assistance
and programs of medical assistance of the adoption assistance state shall be
notified of the issuance of such identification.
(c) A state which has issued a document of
identification for medical assistance pursuant to this compact, which identification
is valid and currently in force, shall accept, process and pay claims for
medical assistance thereon as it would with other claims for medical assistance
by eligible residents.
(d) The federally aided medical assistance
provided by a party state pursuant to this compact must be in accordance with
paragraphs (a) through (c) of this Article. In addition, when a child who is
covered by an agreement of adoption assistance is living in another party
state, payment or reimbursement for any medical services and benefits specified
under the terms of the agreement of adoption assistance, which are not
available to the child under the Title XIX program of medical assistance of the
residence state, must be made by the adoption assistance state as required by
its law. Any payments so provided must be of the same kind and at the same
rates as provided for children who are living in the adoption assistance state.
However, where the payment rate authorized for a covered service under the
program of medical assistance of the adoption assistance state exceeds the rate
authorized by the residence state for that service, the adoption assistance
state shall not be required to pay the additional amounts for the services or
benefits covered by the residence state.
(e) A child referred to in paragraph (a) of this
Article, whose residence is changed from one party state to another party state
is eligible for federally aided medical assistance under the program of medical
assistance of the new state of residence.
ARTICLE VI. COMPACT
ADMINISTRATION
(a) In accordance with its own laws and
procedures, each state which is a party to this compact shall designate an
administrator of the compact and such deputy administrators of the compact as
it deems necessary. The administrator of the compact shall coordinate all
activities under this compact within his or her state. The administrator of the
compact shall also be the principal contact for officials and agencies within
and without the state for the facilitation of interstate relations involving
this compact and the protection of benefits and services provided pursuant
thereto. In this capacity, the administrator of the compact will be responsible
for assisting the personnel of the child welfare agencies from other party states
and adoptive families receiving adoption and medical assistance on an
interstate basis.
(b) Acting jointly, the administrators of the
compact shall develop uniform forms and administrative procedures for the
interstate monitoring and delivery of adoption and medical assistance benefits
and services pursuant to this compact. The forms and procedures so developed
may deal with such matters as:
(1) Documentation of continuing
eligibility for adoption assistance;
(2) Interstate payments and reimbursements;
and
(3) Any and all other matters arising
pursuant to this compact.
(c) (1) Some or all of the parties to this
compact may enter into supplementary agreements for the provision of or payment
for additional medical benefits and services, as provided in Article V(d); for
interstate service delivery, pursuant to Article IV(d); or for matters related
thereto. Such agreements must not be inconsistent with this compact, nor may
they relieve the party states of any obligation to provide adoption and medical
assistance in accordance with applicable state and federal law and the terms of
this compact.
(2) Administrative procedures or forms
implementing the supplementary agreements referred to in paragraph (c)(1) of
this Article may be developed by joint action of the administrators of the
compact of those states which are party to such supplementary agreements.
(d) It shall be the responsibility of the
administrator of the compact to ascertain whether and to what extent additional
legislation may be necessary in his or her own state to carry out the
provisions of this Article or Article IV or any supplementary agreements
pursuant to this compact.
ARTICLE VII. JOINDER
AND WITHDRAWAL
(a) This compact must be open to joinder by any
state. It must enter into force as to a state when its duly constituted and
empowered authority has executed it.
(b) In order that the provisions of this compact
may be accessible to and known by the general public, and so that they may be
implemented as law in each of the party states, the authority which has
executed the compact in each party state shall cause the full text of the
compact and a notice of its execution to be published in his or her state. The
executing authority in any party state shall also provide copies of the compact
upon request.
(c) Withdrawal from this compact must be by
written notice, sent by the authority which executed it, to the appropriate
officials of all other party states, but no such notice may take effect until
one year after it is given in accordance with the requirements of this
paragraph.
(d) All agreements for adoption assistance
outstanding and to which a party state is a signatory at the time when its
withdrawal from this compact takes effect continue to have the effects given to
them pursuant to this compact until they expire or are terminated in accordance
with their provisions. Until such expiration or termination, all beneficiaries
of the agreements involved shall continue to have all rights and obligations
conferred or imposed by this compact, and the withdrawing state shall continue
to administer the compact to the extent necessary to accord and implement fully
the rights and protections preserved hereby.
ARTICLE VIII.
CONSTRUCTION AND SEVERABILITY
The provisions of this compact must be liberally construed to
effectuate the purposes thereof. The provisions of this compact must be
severable, and if any phrase, clause, sentence, or provision of this compact is
declared to be contrary to the Constitution of the United States or of any party
state, or where the applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person or circumstance
must not be affected thereby. If this compact is held contrary to the
Constitution of any state party thereto, the compact may remain in full force
and effect as to the remaining states and in full force and effect as to the
state affected as to all severable matters.
(Added to NRS by 1987, 303)
NRS 127.420 Administrator of compact: Service at pleasure of Governor;
cooperation with all departments, agencies and officers. The administrator of the compact shall serve
at the pleasure of the Governor. The administrator shall cooperate with all
departments, agencies and officers of and in the government of this state and
its subdivisions in facilitating the proper administration of the compact or of
any supplementary agreement or agreements entered into by this state under the
compact.
(Added to NRS by 1987, 309)
